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HomeMy WebLinkAbout01/06/2004 Business Meeting/Adj to Executive Session 90 CITY OF YAKIMA,- WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JANUARY 6, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call -- Present: Council: Mayor Mary Place, presiding, Council Members Ron Bonlender, Dave Edler, Paul George, Neil McClure, Bernard Sims, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts 2. Administration of Oaths of Office to newly elected Council members Ron Bonlender, Dave Edler, Neil McClure and Susan Whitman The Oaths of Office were administered and the new Council members were duly seated. 3. Invocation /Pledge of Allegiance The Pledge of Allegiance was led by Council Member Bonlender. 4. Election of Mayor Mayor Place opened the nominations for the position of Mayor. Council Member Sims nominated Paul George. Upon receiving no further nominations, Mayor Place closed the nominations. The nomination carried by a 6 -1 roll call vote; Edler voting nay. Newly elected Mayor George thanked the Council and gave a tribute to Mary Place for her dedicated work as Mayor and for her public service. Mayor George also went on to describe the history behind the City Manager form of government in Yakima. 5. Election of Assistant Mayor (Mayor Pro -tem) Nominations were opened for the position of Mayor Pro -tem. Council Member Sims nominated Neil McClure. Mayor George nominated Ron Bonlender. Following the close of nominations, Neil McClure was elected as Mayor Pro -tem by a 6 -1 roll call vote; George voting nay. 6. Open Discussion for the Good of The Order /Special Presentation A. Proclamations • Martin Luther King, Jr. Week Council Member Place read a proclamation declaring January 18 -24, 2004 as Martin Luther King Jr. week. Henry Beauchamp, former Council Member, accepted the proclamation and described the upcoming activities, including the march from City Hall to Davis High School on Monday the 19th. 9-1 JANUARY 6, 2004 B. Status report on prior meeting's citizen service request (if applicable) None 7. Consent agenda Mayor George referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Item No. 18 was removed. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND BONLENDER SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Approval of minutes of the December 2 and 16, 2003 Business Meetings and the December 9, 2003 Adjourned Meeting (budget wrap -up) The minutes of the December 2 and 16, 2003 Business meetings, and the December 9, 2003 Adjourned meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 8. Audience participation Mike Miller of Moon Security representing Washington Burglar and Fire Alarm Association, addressed Council about the new policy of the Police Department to not respond to unverified residential security alarms. The issue was referred to the Council Public Safety Committee who will meet with the security alarm providers, representatives of their customers, and the Police Department. Mike Murphy, 4411 Snow Mountain Road, expressed his opinion regarding boarded up buildings, junk vehicles, and lack of code enforcement. He was advised the issue of boarded up buildings was an agenda item to be discussed later in the meeting. Mayor George also advised that progress has been made on the infrastructure on the Doty property. Martin Chacon, took exception to the use of the word "blight" to describe parts of the east and north sides of the city. He suggested Council not address issues by • committee format but by going out into the neighborhoods and listening to what . the citizens have to say. Council Member Sims thanked Mr. Chacon and solicited his help in coming up with solutions to solve this problem. Mr. Chacon recommended contacting the owners, one house at a time, and asking how we can help them help themselves. Bob Mason, 6 North 2 Street, told Council it is time to do something about graffiti. 2 9 2 JANUARY 6, 2004 CITY MANAGER'S REPORTS 9. Review of Council member assignments to boards and special committees The following assignments were made to the various boards and committees: Intergovernmental — Yakima County Yakima Valley Conference of Governments (General Membership) Paul George, Ron Bonlender, Alternate: Susan Whitman Yakima Valley Conference of Governments (Executive Board) Paul George County -Wide Planning Policy Committee Mary Place, Ron Bonlender, Neil McClure Joint Board for Urban Area Planning Ron Bonlender, Neil McClure, Alternate: Mary Place Local Emergency Planning Committee Mayor (Paul George) Yakima River Basin Salmon Recovery Board Neil McClure, Alternate: Paul George Yakima Sub Basin Fish and Wildlife Planning Board Neil McClure, Alternate: Ron Bonlender Eastern Washington Water Alliance Mary Place, Paul George, Alternative: Bernie Sims West Valley Intergovernmental Committee Mary Place, Neil McClure TransAction Mary Place, Dave Edler Council Committees: Yakima Downtown Association Ron Bonlender Alternates: Dave Edler, Mary Place Westside Merchant Association Dave Edler, Alternate: Ron Bonlender Sports Commission Subcommittee Dave Edler, Alternate: Paul George Front Street Merchants Neil McClure, Ron Bonlender N.E. Neighborhood Ron Bonlender 3 9'3 JANUARY 6, 2004 Lodging Tax Advisory Committee Bernie Sims, Dave Edler, Mary Place Community Budget Forums Subcommittee Bernie Sims, Dave Edler, Mary Place Sundome Advisory Committee Susan Whitman, Dave Edler By Invitation Yakima Valley Visitors and Convention Board of Directors Susan Whitman Yakima Greenway Foundation Neil McClure, Alternate: Mary Place Yakima Joint Basin Board Paul George, Alternates: Susan Whitman, Bernie Sims Yakima Sunfair, Inc. Paul George Best Self Mary Place Tri- County Water Resource Agency Bernie Sims, Alternate: Neil McClure Supporting Investments in Economic Diversification Board (SIED) Mary Place Mayor Stipulated Yakama Nation Community Contribution Committee Mayor (Paul George), Alternate: Neil McClure Chamber of Commerce Board Mayor (Paul George) Fire Relief & Pension Board Mayor (Paul George) Board of Volunteer Firefighters Mayor (Paul George) Board of Volunteer Police Mayor (Paul George) Police Relief & Pension Board Mayor (Paul George) Yakima Clean Air Authority Board Mayor (Paul George), Alternate: Neil McClure 4 9 44 JANUARY 6, 2004 Yakima Valley Office of Emergency Management (Executive Board) Mayor (Paul George) 911 Administration Board Mayor (Paul George), Alternate: Susan Whitman EMS — Emergency Medical Services Committee Mayor (Paul George) No Designation Until Invitation Extended Regional Legislative Committee Mary Place Yakima County Law and Justice Task Force Mary Place, Susan Whitman YCDA Board of Directors Mary Place Pacific Power Customer Advisory Board Paul George State Boards and Commissions AWC (Assoc. of WA Cities) Legislative Committee Mary Place AWC Board Mary Place AWC Resolutions Committee Mary Place Municipal Research Mary Place Governor's Sentencing Guidelines Mary Place Washington State DOT Aviation Advisory Committee Mary Place Council Representation On Other Committees Yakima Air Terminal Board Paul George, Alternate: Susan Whitman Tahoma Cemetery Task Force Dave Edler, Susan Whitman, Ron Bonlender 5 95 JANUARY 6, 2004 Public Facilities District Bernie Sims, Susan Whitman ONDS — Consolidated Plan Development Ron Bonlender, Mary Place, Alternate: Bernie Sims Labor Management Committee Bernie Sims, Susan Whitman Public Safety Committee Mary Place, Susan Whitman, Bernie Sims Economic Development Council Committee Ron Bonlender, Paul George, Bernie Sims, Alternate: Dave Edler Transit Committee Bernie Sims, Neil McClure, Ron Bonlender, Alternate: Paul George Hearing Examiner Review Committee Dave Edler, Bernie Sims Neighborhood Development Committee Bernie Sims, Dave Edler, Ron Bonlender Sister City Council Committees: Japan & Taiwan: Susan Whitman Morelia & Germany: Paul George City /County Intergovernmental Relations Committee Paul George, Dave Edler, Neil McClure Ad Hoc Stormwater Committee Bernie Sims, Mary Place, Alternate: Neil McClure Capital Facilities Committee Neil McClure, Ron Bonlender, Alternate: Susan Whitman Community Relations Committee Dave Edler, Neil McClure, Susan Whitman, Alternate: Mary Place Council Committees for Appointments to Boards and Commissions Air Terminal Board — George, Whitman, Place Bicycle /Pedestrian Committee — McClure, Sims, Whitman Capital Facilities Committee — Bonlender, McClure, George Charter City Empl Civil Service Commission- Bonlender, Place, George Citizens Police Advisory Committee — Place, Edler, Whitman Community Review Board — Bonlender, Place, Sims Housing Authority Board - Sims, Edler, McClure Local Review Board for Historic Preservation — McClure, Sims, Whitman Parks & Recreation Commission — Sims, Edler, Bonlender Public Facilities District — Sims, Whitman, Bonlender Yakima Urban Area Regional Planning Commission — Place, McClure, Bonlender Yakima Valley Regional Library Board — Sims, George, Whitman 6 96 JANUARY 6, 2004 10. Status Report from Linda lasella regarding enforcement of anti - graffiti legislation and video from Office of Neighborhood Development Bill Cobabe, Office of Neighborhood Development Services Manager, shared that in the last two surveys the number one item identified as a concern was wanting to help reduce the need for law enforcement. The highest visible impact of crime is graffiti. ONDS has been working on combating graffiti with the most recent effort being the paint- out - graffiti vehicle. We need to approach the problem from several directions. ONDS has met with some citizens to begin an effort to enact the graffiti ordinance. They propose a three - faceted approach: education, enforcement and eradication. Eradication —as of 1/1/04 (less than a year since they started), they have painted out 5,284 locations, used more than 1,380 gallons of paint, and had 600 volunteer hours. Enforcement — involved the City and County since juveniles go from YPD to the County Juvenile Justice. Once an arrest is made the file will be stamped "graffiti" and when they go to Juvenile Justice they will quickly get them in front of the Community Accountability Board. The Legal Department has also implemented some procedures for enforcement of the new ordinance and YPD is implementing a gang task force which will deal with the older offenders. Education — a video has been created as part of an effort to begin teaching that graffiti isn't cool, is expensive, and has consequences. They will be working with schools and youth groups, teaching people not to do it. The video was shown at this time. Linda lasella, 6401 Westridge Court, re emphasized the seriousness of this issue and explained how their group has been actively working on trying to help the ordinances succeed. They were passed in late August 2003 and have a sunset clause to be re- evaluated in one year to see if they are effective or not. She explained the evaluation process the group has developed. They are working through several stumbling blocks. She shared a figure that kids who come before the Community Accountability Board, have an 85% success rate. She requested a representative from Council meet with them to help get through the hoops and push things a little quicker. Council Members Bonlender and Place volunteered to do that. Mrs. lasella will supply them with meeting information. 11. Consideration of staff report and recommendations for the Southeast Community Center Denise Nichols, Parks and Recreation Manager, gave a report on the transitional phase of the Southeast Community Center. There were four public meetings held in November to work with the community on what services and programs they would like to see. As a result of those meetings they came up with two recommendations; 1) for the City to issue a request for proposal to find a manager and an organization to manage the center, and 2) the citizens who attended those 7 ,9 7 JANUARY 6, 2004 meetings felt it was extremely important to have an advisory council to give advice to city staff and the management organization on what to offer. EDLER MOVED AND PLACE SECONDED TO ACCEPT THE REPORT AND RECOMMENDATIONS FOR AN RFP AND THE CREATION OF AN ADVISORY COUNCIL. Henry Beauchamp recommended that, once the advisory council is selected, take the time to determine their role. He emphasized the need to make sure that whatever is done fits into the community. Mrs. Nichols clarified that there are interested citizens to serve on the board but they also need to make sure you have matched the resources and the ability to provide those services. She suggested the advisory committee go through the same process as other boards and commissions, apply through Council and have a set term length. Through discussion, it was clarified that the role of the advisory committee would not be to micromanage the operation of the center. Once a management team is selected, they would need to operate independently. Matt Lundstrom, as a board member of a non - profit corporation currently in the center, said they have many programs available to the community and would like to submit their proposal to the City of Yakima. The Council took a short break and reconvened at 4:15 p.m. Dr. Earl Lee, 2705 Palatine Avenue, said he knows how to run the community center. He said that more than an advisory committee the City needs to get the center going now to get the kids off the streets. The question was called for a vote on the motion. The motion carried by unanimous voice vote. 12. Consideration of request for legislation to establish standards for boarded - up houses Doug Maples, Planning and Code Enforcement Manager, introduced Council Member Bonlender's proposal regarding abandoned structures. Council Member Bonlender summarized his proposal as raising the bar for higher standards. He suggested Council discuss his proposal and, if they agree, they could direct staff to amend the existing ordinance and bring it forward as part of a study session. At that point the public would be invited to comment. The proposal was reviewed and it was questioned whether this was the right forum for a discussion. BONLENDER MOVED AND EDLER SECONDED TO ADDRESS THIS ISSUE IN A STUDY SESSION AND INVITE THE PUBLIC TO SPEAK Clarence Barnett, 916 South 17 Avenue, representing Central Washington Home Builders, said he feels that boarded up houses are not the major cause of blight in our community. He emphasized that enforcement of existing codes rather than new regulations would adequately address blight and the proposal targets boarded up houses and creates a new class for enforcement. He said this is not in keeping with the scope of Chapter 11 of Yakima Municipal Code or the Revised Code of Washington on condemnation of blighted property and differs from the Uniform Code for repair and demolition of dangerous buildings. Under the existing 8 • 98 JANUARY 6, 2004 code the city is responsible to monitor compliance of any unoccupied building or structure and charged to formerly inspect the property at least once every six months. He questioned why boarded up houses would be targeted and treated differently. He claimed the proposal would be a new program with a requirement for funding and concluded that it would be stretching the facts to pass legislation that states a boarded up house, by the mere passage of time, constitutes a threat to the public health, safety, or welfare and, therefore, warrants condemnation as blighted property. Ron Anderson, 605 South 53rd Avenue, concurred with Mr. Barnett's comments and added that we have an opportunity to take advantage of these properties and bring together aspects of our community to redevelop them. He considered these houses as stock that can be rehabilitated into living homes for people who are now renting. He would like to see the properties identified, determine who owns them and evaluate what can be done to resolve the situation as an individual unit. Jerry Maggard, 107 South 3 `d Street, cautioned about people's rights according to the Constitution. His concern is enforcement. He described a particular enforcement situation of which he was familiar. George Cosen, 801 Country Club Drive, suggested the issue shouldn't be approached from a punitive standpoint but should be incentive based. Maud Scott, southeast Yakima, suggested the boarded up buildings are the symptoms, not the disease. She claimed a greater problem is our complaint driven system which engenders selective enforcement and pits neighbor against neighbor. She agreed with Mr. Cosen's suggestion of an incentive based approach. She also objected to the term "blight" being used. She expressed a need for discussion beyond a study session, that education sessions need to be held. The question was called for a vote on the motion. The motion carried by unanimous voice vote. *13. Consideration of Resolution authorizing execution of agreement with the Yakima YMCA to operate Miller Pool for the 2004 Season RESOLUTION NO. R- 2004 -01, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Young Men's Christian Association for the operation and maintenance of the public swimming pool at Miller Park during the summer of 2004. *14. Consideration of Resolution ratifying execution of agreement with Yakima County to extend the Jail Detention Agreement through March 31, 2004 RESOLUTION NO. R- 2004 -02, A RESOLUTION ratifying and adopting an amendment to the Interlocal Corrections /Detention Agreement for 2003. 9 JANUARY 6, 2004 9 9 *15. Consideration of Resolution authorizing execution of renewal agreement with Kenneth Raber for public defender services for the years 2004 through 2006 RESOLUTION NO. R- 2004 -03, A RESOLUTION authorizing the City Manager of the City of Yakima to execute the "City of Yakima Public Defender Agreement for 2004 through 2006" *16. Consideration of Resolution authorizing execution of agreement with Martin Howell of LeMaster and Daniels for professional services relating to the Strategic Planning / Visioning Workshop RESOLUTION NO. R- 2004 -04, A RESOLUTION authorizing the City Manager of the.City of Yakima to execute a consulting services agreement with LeMaster & Daniels PLLC to assist with a Strategic Planning / Visioning Workshop for City Council in early 2004. *17. Consideration of Resolution authorizing the write -off of uncollectable parking citations RESOLUTION NO. R- 2004 -05, A RESOLUTION authorizing the write -off of certain uncollectable parking citations and penalties for the City of Yakima. 18. Approval of Final Contract Payment for the SR -82 Yakima Gateway Wetland Mitigation Project No. 1847 performed by Metal Benders, Inc. (Standard Motion V - B - Accept the project and approve the final payment) Council Member Place questioned whether there were any dollars left that could be considered for use in beautification, signage, lights, etc. City Engineer, Kay. Adams, explained that there is about $20,000 in that account that is set aside to monitor and do upkeep and maintenance. They have a five -year requirement of keeping the current plants alive. He explained there is about $80,000 of gas tax dollars (with strings attached). Mr. Adams said that, although it may be moved around, he hesitates to do that until after the five year contract is up. PLACE MOVED AND SIMS SECONDED TO APPROVE THE FINAL. CONTRACT PAYMENT FOR SR -82 YAKIMA GATEWAY WETLAND MITIGATION PROJECT NO. 1847 PERFORMED BY METAL BENDERS, INC. The motion carried by unanimous voice vote. ORDINANCES *19. Second reading of Ordinance amending the 2003 Budget and appropriating funds for expenses to improve and market the Central Business District An Ordinance amending the 2003 budget and appropriating funds for expenses to improve and market the Central Business District, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2004 -01, AN ORDINANCE amending the 2003 budget for the City of Yakima; and making an appropriation of $7,000 in the 161 - Parking and Business Improvement Area (PBIA) Fund for expenditure during 2003 to improve /market the Central Business District. 10 100 JANUARY 6, 2004 20. Other business • Snow Report Shelley Willson, Street and Traffic Operations Manager, gave an overview of the weather situation and snow removal efforts and plans. • Strategy Meeting scheduled for 1/10/04 The question of whether to televise the session on YPAC arose. After discussion, PLACE MOVED AND WHITMAN SECONDED TO HAVE THE SESSION BROADCAST ON YPAC. The motion failed by a 4 -3 roll call vote; McClure, Sims, Bonlender and George voting nay. • Information Items Items of information provided to Council were: Announcement regarding A Short Course on Local Planning offered on January 7, 2004; Public Service Announcement from Public Works Department regarding Update on 2003 Fall Leaf Collection Program; Agenda for the January 7, 2004 Community Review Board meeting; 12/29/03 Information Memo from Wastewater Utility Engineer re: SR24 EA and County Comprehensive Flood Hazard Management Plan (CFHMP) SEPA Reviews; and Editorial from the December 28, 2003 Yakima - Herald Republic, "Y -PAC gives us an honest inside look ". 21. Executive session regarding collective bargaining PLACE MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING AND THEN TO JANUARY 10, 2004 AT 8:00 A.M. FOR AT THE YAKIMA CONVENTION CENTER FOR A COUNCIL STRATEGIC PLANNING WORKSHOP, AND THEN TO JANUARY 20, 2004 AT 7:30 A.M. FOR A STUDY SESSION ON SECTION 108 LOANS. The motion carried by unanimous voice vote. • 22. Adjournment Following the close of the Executive Session, the meeting adjourned at 6:12 p.m. READ AND CERTIFIED ACCURATE BY .2 c cIL MEMBER DATE A7J 3 9' 0 CO NCIL MEM: R DA ' E ATTEST: irca} g-4#.—e d'/ - 7 1 S/1/ CITY CLERK PAUL P. GEORGE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 11