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HomeMy WebLinkAbout05/04/2004 Business Meeting 21.3 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL MAY 4, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan Whitman Staff: City Manager Zais, City Attorney Paolelia (late) and City Clerk Roberts 2. Invocation /Pledge of Allegiance Council Member Edler gave an invocation followed by the Pledge of Allegiance led by Council Member Bonlender. 3. Open Discussion for the Good of The Order /Special Presentation A. Special recognition of Danny Gonzales for Heroism Council Member Bonlender presented a Commendation /Hero award to Danny Gonzales in appreciation and recognition for saving a child from a malicious dog attack on Easter Sunday. B. Proclamations • Day of Prayer Mayor George read a proclamation declaring April 6, 2004 as a National Day of prayer. Linda lasella and Tony Webb, County National Day of Prayer Coordinator, accepted the proclamation. • Letter Carrier Food Drive Day Council Member Place read a proclamation declaring Saturday, May 8 as Letter Carrier Food Drive Day. Harold Hutchison accepted the proclamation on behalf of letter carriers. Pauline Hunter of the Salvation Army described how the food helped the food banks. • Older Americans Month Council Member Place read a proclamation declaring May as Older Americans • Month. Sheila Brogdon, Assistant Director of Aging and Long Term Care, and Jerry Henderson, accepted the proclamation noting that this is the 41 year of celebrating Older Americans' month. • National Tourism Week Council Member Neil McClure read a proclamation declaring May 8 -16, 2004 as the 21 Annual Celebration of National Tourism week. Wanda Riel, Chairman of the YVCB, accepted the proclamation and listed various celebrations to be held throughout the week. 214 MAY 4, 2004 • Emergency Medical Services Week Council Member Edler read a proclamation declaring the week of May 16 -22 as Emergency Medical Services Week. Fire Chief Dennis Mayo accepted the proclamation. • Rendezvous Days Council Member Bonlender read a proclamation declaring May 14, 15, 16, 2004 as Rendezvous Days. Les Ornelas accepted on behalf of the Local Chapter of the Back Country Horsemen. C. Status report on prior meeting's citizen service request • Bob West re: sign code enforcement Doug Maples, Code Administration and Planning Manager, responded to the April 13 issue regarding sign enforcement. He referred to an outstanding court case (City of Seattle versus Mighty Movers) that went through appeal and has been in front of the State Supreme Court since August 2002. The outcome of that case could invalidate Yakima's ordinance, therefore we have it on hold. Legal Counsel, Ken Harper, 807 North 39 Avenue, described the problem, and the risks of enforcing the ordinance, in detail noting that cities throughout the state have the same problem. Bob West, 641 East Pine Hollow, expressed his opinion that the City Council should start enforcing these codes because the Supreme Court is taking too long. It was noted that the risk of violating civil rights only applies to government agencies; therefore, a private citizen could take it upon himself to take down the offending signs. City Manager Zais also encouraged Mr. West to write to the Supreme Court suggesting they take action on this. • Doug Lemon re: daughter's property fine Doug Maples, responded to April 13th complaint about the process followed on the property at 209 East P Street. He provided Council with a chronological history on the property. Jerry Henderson, Chairman of CRB, came forward and provided further history of this case through the CRB. Mayor George accepted the report. • Update on the Doty Project Joe Caruso, Code Enforcement Supervisor, gave a status report on the housing project at 45 Avenue and Summitview. The project is moving quickly now and the neighbors are assisting. 4. Consent Agenda Mayor George referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members. Items Nos. 9 and 14 were removed from the Consent Agenda and Items Nos. 16A and 16C were added to the Consent Agenda. Items Nos. 16D and 16E were 2 2.1.5 MAY 4, 2004 added to the agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND PLACE 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.) 5. Audience Participation Hector Franco, 850 North 28 Avenue, addressed Council regarding concerns he had with an upcoming contract with Adaptis for grant funds in Tight of the recent ClientLogic project. It was his opinion that the public should be able to look at contracts before they are written. • Paul Lopez, 915 South 53 Avenue, pointed out that with the recent annexation he now lives within City limits and by City ordinance is no longer allowed to keep his pit bull dog. He asked for an exemption from the pit bull ordinance. He was advised that due to recent incidents concerning pit bulls, the rules will be enforced more strictly and there would be no exemption. Laura Candie Turner, 1415 South 32 Avenue, expressed her concern about the potential of granting a loan for the hotel project in downtown Yakima. She was informed that Council has not made any decisions on this project yet, and the Section 108 loan process was clarified. Also described were the steps in place for security on any loans granted. Although the importance of tourism to the valley was discussed, Ms. Turner expressed one more time that she just doesn't approve of this project. Mike Murphy, 4411 Snowmountain Road, lodged a complaint about code violations on property owned by George Cosen on Summitview Avenue. He also complained about the traffic light at 40 and Summitview that doesn't change in a timely manner prior to 6:00 a.m. He would like to see the City's traffic signal system fixed as it causes safety problems. Phil Pleasant, 1202 Fair Avenue, complained about the City spending "his" CBDG money and how the money given to ClientLogic would have been better spent on the business incubator project. He then spoke against money going to the Black Rock Dam project. Earl Lee, 2705 Palatine Avenue, raised the question of why his group alone has to pay for the use of space at the Southeast Community Center. CITY MANAGER'S REPORTS 6. Approval of 2003 Year -End Engineering Capital Improvements Project Report Kay Adams, City Engineer, presented the annual report that highlights accomplishments in 2003. He also gave current status on projects for 2004; Washington Avenue, Mead Avenue, the Fruitvale and 5 Avenue roundabout, sewer extensions, and signal upgrades. PLACE MOVED AND SIMS SECONDED TO ACCEPT THE REPORT. The motion carried by unanimous voice vote. 3 2.16 MAY 4, 2004 *7. Consideration of Resolution authorizing submission of application for a Public Works Trust Fund Loan for River Road sewer project (16 Avenue to Fruitvale Blvd.) RESOLUTION NO. R- 2004 -72, A RESOLUTION to authorize the City Manager to execute applications, certifications, and agreements pursuant to an application for a loan from the Washington State Public Works Trust Fund in the amount of $2.5 million for Phase I of the River Road Development Project. *8. Consideration of Resolution authorizing execution of documents pertaining to loan fund application from the Washington State Drinking Water State Revolving Fund for the Naches River Water Treatment Plant Filter Rehabilitation Project RESOLUTION NO. R- 2004 -73, A RESOLUTION authorizing the City Manager to execute applications, certifications and agreements pursuant to an application for a loan from the Washington State Drinking Water State Revolving Fund in the amount of $1,088,901.20 for Naches River Water Treatment Plant (NRWTP) Filter Rehabilitation Project. 9. Consideration of Resolution of Intention to create South 7th 8 and 9 Avenues Sewer Local Improvement District and setting date of public hearing for June 1, 2004 Council Member Bonlender removed this item from the Consent Agenda in order to describe to citizens how they can initiate a Local Improvement District (LID) to obtain access to the sewer system. The LID process was explained. The city clerk read the resolution by title only; SIMS MOVED AND PLACE SECONDED TO ADOPT THE RESOLUTION. Martin Chacon, 205 West Chestnut, asked if there was money available to assist in hooking up to City sewer and water for a residence he owns at 2704 Jerome Avenue. He was told that, although there is a program through the Housing office for low and moderate income homeowners, it does not apply to rentals. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -74, A RESOLUTION of intention to create a local improvement district. This resolution sets a date of public hearing for June 1, 2004 on the intention to create a local improvement sewer district for South 7th, 8th and 9 Avenues. *10. Approval of 2003 Year -End City of Yakima's Self- Insured Health Care Plan Report The 2003 Year -End City of Yakima's Self- Insured Health Care Plan Report submitted by Fisher Consulting, Inc., was approved. 4 21:7 MAY 4, 2004 *11. Approval of the February 2004 Revenue and Expenditure (Budget) Report The February 2004 Revenue and Expenditure (Budget) Report was approved. *12. Approval of Final Contract Payments: A. 2003 Fruitvale Boulevard Overlay Project No. 2015, performed by Superior Paving Company The report from the City Engineer, dated April 26, 2004, with respect to the completion of the work on the 2003 Fruitvale Blvd. Overlay Project No. 2015, performed by Superior Paving Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. South 40 Avenue and Nob Hill Boulevard Signal Project No. 2050, performed by Knobel's Electric, Inc. The report from the City Engineer, dated April 26, 2004, with respect to the completion of the work on the South 40 Avenue and Nob Hill Blvd. Intersection Signal Revision Project No. 2050, performed by Knobel's Electric, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *13. Set date of closed record public hearing for May 18, 2004 to consider the Preliminary Plat of Whitecotton located in the vicinity of 48 W. Mead Avenue May 18, 2004 was set as the date of closed record public hearing to consider the preliminary plat of Whitecotton located in the vicinity of 48 W. Mead Avenue. 14. Set date of second public hearing for June 1, 2004 at 7:00 p.m. to consider legislation creating a Stormwater Utility Mayor George said the County has expressed an interest in having a joint public meeting on the Stormwater issue on June 1, 2004. He pointed out that if a 3:00 p.m. meeting time (Item 16C) is adopted, there may be a conflict for this meeting. Chris Waarvick, Director of Public Works, outlined the schedule of meetings on this subject. Council Member Place asked whether Union Gap was going to participate but was advised they hadn't committed yet. PLACE MOVED AND SIMS SECONDED TO HOLD A JOINT PUBLIC HEARING ON JUNE 1, 2004 AT 7:00 P.M. A discussion ensued on the benefits and issues of a joint public hearing. The subject would have to be addressed on a broad scope, the fact that the community is going to be faced with an unfunded mandate. There would be no action required at the public hearings. The intent would be to let the public see the draft legislation and solicit their comments. It would be at a subsequent meeting that there would be deliberation and a decision as to whether to amend or accept the legislation The question was called for a vote on the motion. The motion carried by unanimous roll call vote. Council Member Place suggested the hearing be held at the convention center. Council Member Sims suggested the County be asked to go along with our three - minute limitation for speakers. 5 21'8 MAY 4, 2004 ORDINANCES *15. Consideration of second reading of Ordinance amending the 2004 Budget and appropriating funds for YPPA collective bargaining settlement costs An Ordinance amending the 2004 budget and appropriating funds for YPPA collective bargaining settlement costs, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2004-28, AN ORDINANCE amending the 2004 budget for the City of Yakima; and making an appropriation of $121,000 in the 000 — General Fund for expenditure during 2004 to provide for negotiated wages and benefits for Yakima Police Patrolman's Association (YPPA). 16. Other Business *A. Consideration of appointment of Council Member Susan Whitman to the Police Athletic League Committee Susan Whitman was appointed to Police Athletic League Committee B. Consideration of recommendations from the Council Meeting Review Committee re: Council meeting times scheduling Council Member McClure presented the subcommittee's recommendation to begin the City Council meetings at 3:00 p.m. and to hold the executive sessions prior to the beginning of the meeting (at 2:00 p.m.). It was also the committee's recommendation to limit the time for audience participation at the beginning of the meeting to 30 minutes and allow for additional time at the end of the meeting if it was necessary. The impact of a later start time on the news media was discussed. PLACE MOVED AND BONLENDER SECONDED THAT WE ACCEPT THE RECOMMENDED CHANGES FOR THREE MONTHS EFFECTIVE JUNE 15, 2004. Clarence Barnett spoke against the three - minute limitation for citizens to speak and also commented that the late starting time will be a problem for the media. The motion carried by a 6 -1 voice vote; George voting nay. *C. Consideration of conversion of council members liaison positions on the Tahoma Cemetery Task Force to Task Force Member Appointment Committee The conversion of the committee, as requested, was accepted. D. City Council Strategic Direction Priorities PLACE MOVED AND SIMS SECONDED TO ADOPT THE CITY COUNCIL STRATEGIC DIRECTION PRIORITIES. Council Member Edler commented that after this they will start putting action steps with measurement steps. The motion carried by unanimous voice vote. 6 • 2119 MAY 4, 2004 E. PUBLIC SAFETY MEETING ABOUT HOW TO CONSIDER CHANGES TO PIT BULL ORDINANCE Council Member Place advised that the Public Safety Committee unanimously supported allowing the Animal Control Officers to issue citations. Direction has been requested on how best to notify the public of the hearing to discuss the proposed changes. After discussion it was the consensus of Council to handle the notification by post card noting that details can be found on the web site, at the City Clerks office, and the ordinance will be printed in the paper. • Information Items Items of information provided to Council were: Notice from the Office of Neighborhood Development Services requesting citizen input to identify community needs to be addressed through the investment of Community Development block Grant Funds; Agenda for the May 6, 2004 Yakima Downtown Association meeting and minutes of its April 1, 2004 meeting; Agenda for the May 13, 2004 Tahoma Cemetery Task Force meeting and minutes of its March 9, 2004 meeting; Agenda for the May 5, 2004 Community Review Board meeting; 4/29/04 Memorandum to Yakima Public Safety Communications Division from Fire Chief Mayo re: Division Commendation relating to windstorm emergencies; 4/22/04 Memorandum from Yakima County Planning Department regarding April 15, 2004 County -Wide Policy Committee meeting and minutes, and flyers on public meetings on Critical Areas Ordinance & Shoreline Master Program; Monthly Report of the Chief of Police for February 2004; Planning Division Assignments Pending List as of May 4, 2004; and Article from April 25, 2004 USA TODAY, "Dreading the din of train horns." 17. Executive Session PLACE MOVED AND EDLER SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY ONE HOUR TO DISCUSS PENDING AND PROSPECTIVE LITIGATION AND PROPERTY DISPOSITION. The motion carried by unanimous voice vote. 18. Other Business — Continued Following the conclusion of the executive session at 5:45 p.m., the Council reconvened for a brief update on the status of a HUD application for the railroad grade separation project. City Manager Zais reported that staff discovered that the submission of a document in the application process missed an obscure deadline, mentioned once in a letter, by two days. Staff is researching solutions to rectify the situation. The $490,430 grant would have been used for right -of -way acquisition. 19. Adjournment to May 11, 2004 at 5:30 p.m. for a study session on comprehensive graffiti and gang issues The meeting adjourned at 6:00 p.m. 7