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HomeMy WebLinkAbout07/06/2004 Business Meeting 270 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JULY 6, 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: Acting City Manager Rice, Assistant City Attorney Harvey, 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 Water and Irrigation Manager Dave Brown introduced Mike Shane, the City's new Water and Irrigation Engineer. Deputy Fire Chief Brian Schaeffer and Joe Caruso, Supervising Code Inspector, gave a report on the results of the fireworks patrol. There was a decrease in the number of firework incidences. They showed pictures of seized fireworks including some of munitions grade. There were 46 hours of overtime worked by the Fire Department and 40 hours of overtime by Code Division employees. They feel they had a significant impact on limiting firework related incidents and expect to have an even bigger impact next year. A. Status report on prior meeting's citizen service request • Response to Kenneth Broers request re an overflowing drain pipe at 20th & Logan Assistant City Manager Rice reported that a written response to Mr. Broers has been made and a report was supplied to Council in their packets. B. Presentation of Yard of the Month awards Lynn Quesenbury from Parks and Recreation showed a short video displaying the Yard of the Month winners for July. District 2 Kris Abhold 609 South 22 Avenue District 3 Carolyn Gibbons 2302 Summitview Avenue District 4 Manuel Trevino 101 South Fair Ave 27 JULY 6, 2004 Former Council Member John Puccinelli brought forth an idea for Council's consideration. He suggested that anyone who serves on Council for 20 years or longer receive special recognition, e.g. naming a ball field after them, or a project that they worked on such as calling the 308 Irrigation District the Lynn Buchanan Irrigation District. Council Member Bonlender suggested Mr. Puccinelli serve on a committee to look into available places that could be named and then put it in front of the Parks Commission. Mayor George said the Council will take the suggestion into consideration. 4. 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. 21 was removed and Item No. 21A was added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. BONLENDER MOVED AND SIMS 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 the minutes of the June 1, 2004 Business Meeting The minutes of the June 1, 2004 Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 5. Audience Participation • No one came forward to speak. PUBLIC HEARINGS 6. Public hearing on the 2005 -2010 Six -Year Transportation Improvement Plan (TIP) In response to a question on the status of the Washington and Mead Avenue projects, City Engineer Adams advised that bids were opened last week on the Mead Avenue . project and Superior Asphalt was the low bidder. The pre- construction meeting will be held on July 15th and we will get their schedule at that time. Bids on the Washington Avenue project open this Thursday. City Engineer Adams described this as the first of two hearings on the Six -Year Transportation Improvement Plan. The second hearing is scheduled for July 20, 2004. He explained the plan and noted that if the money is already obligated for a project it is not shown on the plan. Those with no money obligated at this time are what is on the list. Council Member Place pointed out that the name "Boise Cascade" needs to be changed to Yakima Resources. Council Member Bonlender brought up the subject of 50/50 matching money for sidewalks suggesting that if there was money available it should be advertised. He was assured that people who come in for permits are advised about this program. 2 7 2•.2 JULY 6, 2004 Council Member Place commented that the Beech Street pedestrian connection should also say bicycle connection but Mr. Adams said it is a sidewalk and bikes are not allowed on sidewalks. Discussion ensued about ideas that have been discussed for the area. Also discussed was the pedestrian bridge on North 10 Street. Mayor George commented that the success of the Fruitvale roundabout has promoted a number of inquiries about straightening out the Lincoln and B Street couplet. He would like to see that item on this Six -Year Plan. City Engineer Adams noted that there is no prioritization to the items listed on the plan. • Mayor George opened the public hearing. No one came forward to speak. • Mayor George closed the public hearing. CITY MANAGER'S REPORTS 7. Consideration of Council Policy re Disposition of Confiscated Weapons Jeff Schneider, Police Captain, explained this policy would grant the Chief of Police the authority to dispose of seized weapons. The weapons would be chopped up and melted down rather than auctioned off. The weapons are currently taking up large amounts of space. The liability issue of weapons having been possessed by the City falling into criminal hands was discussed. Assistant City Attorney Harvey spoke about the potential of liability if the guns ended up in criminal hands. She described how, since the 1980's, victims of gun crimes have turned to the torte system for payment for injuries. They are also suing the manufacturer and the sellers. This is an area continuing to evolve in terms of court liability and it is an increasing trend to sue a number of entities. Discussion then covered what the delegated authority to the chief would be and how he could make a decision on a particular piece if it had museum value. It was noted that the state statute protects antique firearms; they cannot be destroyed. Don Manning, 760 Lynch Lane and owner of Shooter Supply in town, reminded Council these are not only confiscated firearms but also a lot of unclaimed items; lost and found or turned in by widows. In the selling process the state law says they have to be auctioned off to a licensed firearm dealer who enters them into an ATF book and they have to account for them. He then described the process they go through before selling them to individuals. He also noted the monetary value of the 1,600 guns in inventory, at least $32,000, that the city could use for other purposes. He said someone will have to go through the inventory and determine what is and isn't a relic. Mr. Manning encouraged the Council to look at this more from a financial standpoint and not let the firearms philosophical issue take their vision away. His comment was "you can sell and make money or destroy and cost money ". Bob Wyatt, 402 E Yakima Avenue, Suite 600, is a special agent with the Agency of Tobacco & Firearms (ATF) and explained that when they seize firearms the agent assigned to the case is responsible for any evidence taken in that case. The case cannot be closed until it's been adjudicated, run the appeal process, and finally 3 2 7 3 JULY 6, 2004 disposition of property is made. They are required to dispose of the weapons once the case is completed, and normally do so by taking them to a local business and having it cut up. They do not have an inventory problem in Yakima because of this policy. PLACE MOVED AND SIMS SECONDED TO ADOPT THE PUBLIC SAFETY COMMITTEE'S RECOMMENDATION. The motion carried by unanimous voice vote. The Public Safety's recommendation was to grant the Chief of Police the authority to dispose of seized firearms whenever it is determined that such firearms meet all State Law requirements for such disposal. *8. Consideration of Ordinance making a second offense of Indecent Exposure a Class C felony. ORDINANCE NO. 2004 -38, AN ORDINANCE relating to public safety and morals; • conforming City of Yakima Municipal Code with a recent change in the state statute making a second conviction for the crime of Indecent Exposure a Class C Felony; amending section 6.55.020(D) of the City of Yakima Municipal Code. *9. Consideration of Resolution ratifying permit application for public display of fireworks. RESOLUTION NO. R- 2004 -94, A RESOLUTION granting a public fireworks display permit to Entertainment Fireworks. *10. Consideration of Resolution donating surplus radio equipment and parts to the Yakima County Search and Rescue RESOLUTION NO. R- 2004 -95, A RESOLUTION declaring an assortment of outdated radio equipment and parts surplus and authorizing its donation to the Yakima County Search and Rescue for their use in their emergency communications. *11. Consideration of Resolution authorizing capital lease purchase for high -speed copier RESOLUTION NO. R- 2004 -96, A RESOLUTION of the City of Yakima, Washington, approving and authorizing the acquisition of a high speed copier /printer machine in the amount of not to exceed $55,000 pursuant to the Master Tax - Exempt Installment Purchase Agreement with Key Municipal Finance. *12. Consideration of Resolution authorizing agreement with Yakima Mall Shopping Center Corporation for temporary workspace for the Capitol Theatre RESOLUTION NO. R- 2004 -97, A RESOLUTION authorizing and directing the City Manager to execute a lease between the City of Yakima and the Yakima Mall Shopping Center Corporation for temporary Capitol Theatre workspace. 4 274 JULY 6, 2004 *13. Consideration of Resolution authorizing agreement with the YWCA. RESOLUTION NO. R- 2004 -98, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Agreement with the YWCA to continue to provide domestic violence services. *14. Consideration of Resolution authorizing execution of Settlement and Release Agreements: A. Longview Fibre Company for water and sewer charges RESOLUTION NO. R- 2004 -99, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Settlement and Release Agreement with Longview Fibre Company to resolve the City's claims against the Longview Fibre Company for past water and sewer charges. B. Boise Cascade Corporation for sewer charges RESOLUTION NO. R- 2004 -100, A RESOLUTION authorizing and directing the City manager of the City of Yakima to execute a Settlement and Release Agreement with Boise Cascade Corporation to resolve the City's claims against Boise Cascade Corporation for past sewer charges. *15. Consideration of Resolution to form Local Improvement Districts and set hearing dates for August 3, 2004 A. 84 Avenue and Hawthorne RESOLUTION NO. R- 2004 -101, A RESOLUTION of intention to create a local improvement district. B. 90 94 and West Yakima Avenue RESOLUTION NO. R- 2004 -102, A RESOLUTION of intention to create a local improvement district. The two resolutions set public hearing dates for August 3, 2004. *16. Approval of the April and May Revenue and Expenditure (Budget) reports The Revenue and Expenditure (Budget) Report through May 2004 was approved. ORDINANCES 17. Consideration of Ordinance regulating motorized scooters Sharon Madson, 1522 South 68 Avenue, spoke against the new ordinance. Her 12 year old son rides his electric scooter to school, church, and other activities and has done so for two years. She feels it is teaching him responsibility. She suggested having a scooter training course for the younger children on scooters rather than banning them. 5 27,5 JULY 6, 2004 Kevin Madsen, 1522 S 68 Avenue, thinks the scooter ordinance should not be passed because it limits kids under 14. He is 12 and uses his scooter as his main transportation. His is electric and cannot go very fast and is quiet. Aaron Beck, 1607 South 70 Avenue, said he is ten years old and has an electric scooter that only goes 10 mph. He suggested that bicycles are more dangerous than scooters because you are higher off the ground Skateboards are also more dangerous when people try to do tricks on them. Wearing a helmet should be a law for scooters as well as bikes and skate boards. Chaz Hanna, 224 East Naches in Selah said he uses his scooter to commute from Selah to Yakima. He previously traveled on the Greenway until motorized vehicles were no longer allowed. He commented that the Greenway limitation should also be extended to senior citizens in motorized scooters. He feels no one under the age of 16 should be allowed on a motorized scooter because they do not have any liability. He claimed the kids do not follow the rules of the road and have no responsibility, giving a victim no recourse. Council Member Whitman responded that this ordinance applies to two - wheeled scooters. Martin Roger- Reyes, 205 South 32 Avenue, said he was ten years old and rides his scooter everywhere. He is willing to study, take a driving test, or whatever was required to be allowed to ride his scooter. He commented that there are the same risks with bicycles and skate boards as with scooters. Jacob Dixon, 3301 Home Drive, also said he was ten years old and it was his opinion that electric scooters should not be banned but gas scooters should be. They pollute the air and are obnoxiously loud while electric scooters are quiet and save gas. He wouldn't mind having to wear a helmet, having to take a safety class, or getting special tags for his scooter. He has owned his scooter since he was eight. Bob Wyatt, 402 East Yakima Avenue, was concerned about limiting a child's use of his scooter to his driveway. He suggested an ordinance for safety and noise pollution restrict the use of scooters to roads with a speed limit of 25 mph or less, and require helmets. He agreed that bicycles and skateboards are more dangerous Council Member Sims said that public safety is paramount and they spent time looking to create something safe yet not hurt the youth in our area. He told of an accident he witnessed where a semi hit a scooter with its mirror and the child ended up in a cyclone fence. Council Member Whitman noted that there have been two fatalities in Washington state and they don't want that to happen in Yakima. This ordinance requires helmets and limitation to streets of 25 mph or less. The difficult thing is the age limitation. There was discussion on what other municipalities are doing and a majority of them have set the age at 16. It was Council Member Bonlender's opinion that electric scooters and gas scooters be handled differently. He commented that electric scooters could be handled by much younger people. The City Clerk read the ordinance by title only; SIMS MOVED AND WHITMAN SECONDED TO PASS THE ORDINANCE. During discussion Council comments were that this is an issue between the parents and kids and not the City's issue, countered by the scooters having to be in the road and off the sidewalks making it an issue for the City, and the idea of separate rules for gas and electric scooters. 6 276 JULY 6, 2004 McCLURE MOVED AND PLACE SECONDED TO AMEND SECTION 9.50.450A TO READ "NO MOTORIZED SCOOTER SHALL BE OPERATED ON STREETS OR OTHER PUBLIC AREAS NOT OTHERWISE PROHIBITED TO MOTORIZED SCOOTER BY THIS CHAPTER UNLESS THE OPERATOR HAS A VALID DRIVERS LICENSE" AND MODIFY SECTION 9.50.450A(1) TO READ "FAILURE OF AN OPERATOR TO HAVE A VALID DRIVERS LICENSE ON THEIR PERSON WHILE OPERATING A MOTORIZED SCOOTER IN THE CITY OF YAKIMA IS A TRAFFIC INFRACTION ". BONLENDER MOVED AND SIMS SECONDED TO SCRATCH THE WORD ELECTRIC MOTOR ON SECTION 1 AND UNDER VIOLATIONS ADD THAT THE POLICE HAVE THE ABILITY TO CONFISCATE THE SCOOTER IF THEY FEEL IT IS A RECKLESS PROBLEM. Discussion continued. The question was called for a vote on the second amendment. The motion failed by a 1 -6 voice vote; Edler, George, McClure, Place, Sims, and Whitman voting nay. The question was called for a vote on the first amendment. The motion passed by a 5 -2 voice vote; Bonlender and George voting nay. The question was called for a vote on the amended ordinance. The motion carried by a 5 -2 roll call vote; Bonlender and George voting nay. It was noted that the ordinance will go into effect in 30 days. ORDINANCE NO. 2004 -39, AN ORDINANCE relating to traffic; regulating the use of motorized foot scooters within the City of Yakima by establishing a minimum age and permit requirement for operators and limiting and /or prohibiting motorized foot scooter use on sidewalks, streets and in parks; restricting modification of motorized foot scooters and requiring operators to wear helmets and operate such vehicles safely. *18. First reading of Ordinance amending the 2004 budget and appropriating funds for the Front Street PBIA banners An Ordinance amending the 2004 budget and appropriating funds to improve and promote the Front Street Business District by designing and installing banners, was read by title only, and laid on the table until July 20, 2004 for a second reading. *19. Second reading of Ordinance amending the 2004 budget and appropriating funds for the purchase of a used refuse packer An Ordinance amending the 2004 budget and appropriating funds for the purchase of a used refuse packer, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2004 -40, AN ORDINANCE amending the 2004 budget for the City of' Yakima; and making an appropriation of $82,000 in the 552 — Equipment Rental Capital Fund for expenditure during 2004 to provide for purchase of a used automated refuse truck. *20. Second reading of Ordinance amending the 2004 budget and appropriating funds for the Van Pool program An Ordinance amending the 2004 budget and appropriating funds to provide additional Vanpool services, previously having been read by title only, was brought before the Council for a second reading. 7 .277 JULY 6, 2004 ORDINANCE NO. 2004 -41, AN ORDINANCE amending the 2004 budget for the City of Yakima; and making an appropriation of $16,700 within the 462 — Transit Operating Fund for expenditure during 2004 to provide additional Vanpool services. 21. Other Business *A. Appointment of two additional members to the Budget Strategy Team Anne Knapp and Thomas Gates were appointed to the Budget Strategy Team Future agenda items were discussed. The Graffiti ordinance and the Morrier • redevelopment project were placed on the August 17 agenda. Council Member Edler asked staff to schedule time in the fall to discuss how Council is doing and review what was discussed at the Council workshop with Mr. Howell. 22. Continuation of Audience Participation (if needed) Not required. 23. Executive Session EDLER MOVED AND McCLURE SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS PROSPECTIVE LITIGATION WITH ADJOURNMENT THEREAFTER TO JULY 13, 2004 AT 5:30 P.M. AT THE SOUTHEAST COMMUNITY CENTER FOR A STUDY SESSION ON THE OPERATION OF THE SOUTHEAST COMMUNITY CENTER. The motion carried by unanimous voice vote. 24. Adjournment The meeting adjourned at 4:30 p.m. ./ READ AND CERTIFIED ACCURATE BY / /% c V COUN IL EM: I AT • COUNCIL, MBER DATE ATTEST: rec,/T- 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 8