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HomeMy WebLinkAbout02/03/2004 Business Meeting 124 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL FEBRUARY 3, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll CaII 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, Assistant City Attorney Harvey, and City Clerk Roberts 2. Pledge of Allegiance Council Member McClure led the Pledge of Allegiance. 3. Open Discussion for the Good of The Order /Special Presentation A. Proclamations (if applicable) None B. Status report on prior meeting's citizen service request (if applicable) None 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.19A was removed from the Agenda. Item No. 21 B was added to the Consent 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.) *A. Approval of the minutes of the November 25, 2003 Adjourned Meeting and January 6, 2004 Business Meeting The minutes of the November 25, 2003 Adjourned Meeting and the January 6, 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 Robert Owen, 14 North 3rd Street, spoke in favor of more frequent Council meetings and taking the time to listen to the people. 12 FEBRUARY 3, 2004 Doug Lemon, 6910 Borley Lane, addressed Council about a condemnation action he received against property within a week of purchasing it. He claimed to have immediately cleaned it up and then advised Code Enforcement he would finish after the trailer was moved off the property. He said that then, with no warning, the City authorized a contractor to board the place up even though cleanup work was progressing on it. He claimed that in doing so they caused considerable damage by putting screws through the vinyl windows. It is his request to Council to have the City pay for the damage and retract the bill for the contractor. The property in question is located at 209 East P Street. Doug Maples, Planning and Code Enforcement Manager, countered that the complaint on the property started at the end of July 2003. The property was purchased by Amanda Lemon on October 31, 2003. It went to the Community Review Board on December 17, 2003. During that timeframe the property had been cleaned up but there was also the issue of a manufactured home that was left open on a number of occasions. At the December CRB meeting, they instructed Code Enforcement to give the owner another opportunity to keep it secured. On January 6, 2004, the property was again found unsecured. They obtained four bids and taking the cheapest, had the property boarded up on January 20, 2004. This resulted in a $400 expense that, if not paid, will become a lien against the property. Mr. Lemon complained that there are several other properties adjacent to his in worse condition. He also expressed concern about the proposed ordinance on vacant structures. Maud Scott, South East Yakima, read a letter from Dave McDonald, President of the Yakima Valley Land Owners Association, on their perspective of the proposed legislation on minimum standards for vacant buildings. Although they applaud the direction of reducing blight, they caution the City to examine the whole problem and alternative solutions before adding another layer of rules. The letter was given to the City Clerk for the record, Clarence Barnett, 916 South 17 Avenue, asked for information to be supplied at the public hearing on the standards for vacant buildings. Specific information requested was, what contingency funds and /or cash reserves will actually be used to offset the acquisition costs enumerated in the estimated budget submitted by staff. If additional funds are needed, will it be necessary to implement the contingency reduction plan? Elizabeth Townsend, a resident of Yakima Valley, requested funds through the federal faith -based initiative program to take over the ClientLogic facility and start a world -wide crisis center. Bill Cobabe, Office of Neighborhood Development Services Manager, explained that President Bush's faith -based initiative does not involve any new money or new programs but is a redirection of priorities. He advised that the money she is referring to could be the block grant funds. If they were running a properly set up service, they could apply for CDBG funds during the normal course of the program. The next opportunity will be some time this year for 2005 funding. Mr. Cobabe said there may be other funding sources that he is not aware of and that there are websites that people can check. He offered to try to assist her in her pursuit of funding. Alma Best, 1620 South 8 Avenue, said she and her husband, local pastors, are looking for faith -based funding as well as block grant money to start a school of innovative arts. Their vision is to provide a generation learning institute providing daycare, before and after school care, tutorial care, and a community kitchen. 2 126 FEBRUARY 3, 2004 Jar Arcand, 111 East Yakima Avenue, requested the City consider code enforcement on pubic property as well as private emphasizing the need to clean up the city especially when trying to promote tourism. Council Member Place advised that the City is looking into redoing all the refuse codes. The issue will come through the Neighborhood Development Committee. Mr. Arcand spoke about the lack of littering laws within the city limits. Howard Hinton, 203 Rancho Lane, spoke about a property he has had to continually call Code Enforcement to get cleaned up. He suggested there be a three strikes your out law. PUBLIC HEARING 6. Public Hearing to consider the Hearing Examiner's recommendation to approve the vacation of a portion of South 4m Avenue just south of Pine Street, requested by Central Washington Comprehensive Mental Health Prior to beginning the Public Hearing, Bruce Benson, Planning Supervisor, made the following announcements: • February 4 6:30 p.m. to 9:30 p.m. the City is sponsoring a planning short, course. This program is the basics for people interested in land development and the processes. It will be free and will be video taped and presented on Channel 22. • February 12 between 6:00 -7:00 p.m. there will be a City After Hours program held in Council Chambers. The subject is comprehensive planning tailored to inform people about the amendment process that we will be starting later this month. The public is invited to attend. • Mr. Benson introduced Alvin Leung, the City's new Senior Planner. Mr. Leung comes to us from Orlando, Florida and has many years experience in the planning process. Mr. Benson described the property that is the subject of the pubic hearing. A hearing was held on January 8, 2004 at which there was no one in opposition. The Hearing Examiner issued his recommendation for approval on January 23, 2004. Staff is recommending acceptance of the Hearing Examiner's recommendation. • Mayor George opened the public hearing No one came forward to speak to the issue. Council Member Place noted that there was no remuneration to the City for the vacation of the right -of -way even though the City has maintained it and there was an assessed value. Assistant City Attorney, Paul McMurray, described the circumstances whereby instead of paying monetary compensation to the City, we have requested the applicant alter the boundary of another parcel of land, the trolley barn parcel, that we are currently leasing. In the event we do not exercise our option to purchase, then Comprehensive Mental Health will pay the City $21,500 for the right -of -way. 3 1.2'/ FEBRUARY 3, 2004 • Mayor George closed the public hearing SIMS MOVED AND PLACE SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION AND APPROVE THE VACATION. The motion carried by unanimous roll call vote. CITY MANAGER'S REPORTS 7. Consideration of recommendation from the Council Neighborhood Committee regarding formation of Citizen Advisory Committee re: CDBG program (See Resolution establishing the Committee) Bill Cobabe, Office of Neighborhood Development Services Manager, explained that the City's goal is to get new people involved in the citizen input process for the use of Community Development Block Grant (CDBG) funds. This committee would be specifically for the creation of the 2005 through 2009 Consolidated Plan (long range strategic plan) and would include the Annual Action Plan. The committee would disband when the public input process is completed. Another committee would be formed, with new members, for the 2006 annual plan with a new committee to be formed each year when we go through the public process. It would be filled in the same manner as other committees by application through the City Clerk's office. The Council subcommittee would screen those applications and forward them on to the full Council for appointment. The City Clerk read the resolution by title only; PLACE MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous voice vote. RESOLUTION NO. R- 2004 -15, A RESOLUTION establishing an Advisory Committee to the Yakima City Council for the purpose of assisting with the pubic input portion of the development of the 2005 -2009 Consolidated Plan *8. Consideration of Resolution increasing the membership on the Bicycle Pedestrian Advisory Committee from five to seven RESOLUTION NO. R- 2004 -16, A RESOLUTION adding two additional citizen members and amending Resolution No. R -94 -37 that established a Bicycle /Pedestrian Advisory Committee for the City of Yakima, Washington. *9. Consideration of Resolutions authorizing execution of agreements for pool rental during the 2004 swim season with: A. Yakima Athletic Club Swim Team RESOLUTION NO. R- 2004 -17, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the Yakima Athletic Club Swim Team for pool rental. 4 :l 2 FEBRUARY 3, 2004 B. YMCA Swim Team RESOLUTION NO. R- 2004 -18, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the YMCA Swim Team for pool rental. *10. Consideration of Resolution authorizing a professional services agreement with the Yakima Valley Basketball Officials Association for officiating services in 2004 RESOLUTION NO. R- 2004 -19, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with the Yakima Valley Basketball Officials Association for the purpose of obtaining officiating services for the organized basketball program of the City of Yakima. *11. Consideration of Resolutions authorizing execution of Interlocal Agreements for jail services with: A. City of Sunnyside RESOLUTION NO. R- 2004 -20, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Sunnyside, Washington for the provision of jail services through December 31, 2005. B. City of Wapato RESOLUTION NO. R- 2004 -21, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Correction /Detention Agreement with the City of Wapato for the provision of jail detention services from 2004 -2006. C. City of Toppenish RESOLUTION NO. R- 2004 -22 A RESOLUTION ratifying a contract amendment extending the Interlocal Jail Agreement between the City of Yakima and the City of Toppenish through December 31, 2004. *12. Consideration of Resolution authorizing execution of Interlocal Purchasing Agreement with Clark County RESOLUTION NO. R- 2004 -23, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Clark County. *13. Consideration of Resolution authorizing the sole source purchase of breathing apparatus equipment RESOLUTION NO. R- 2004 -24, A RESOLUTION authorizing the City Manager to execute, as a sole source purchase without calling for bids, an agreement between the City of Yakima and SeaWestern, Inc. for the purchase of MSA Self- Contained Breathing Apparatus parts and equipment to be used for the respiratory protection of the City of Yakima Fire Department employees. 5 12.9 FEBRUARY 3, 2004 *14. Consideration of Resolution approving the Fourth Quarter 2003 Insurance Claims Report RESOLUTION NO. R- 2004 -25, A RESOLUTION accepting and approving the Fourth Quarter 2003 Claim Report for the City of Yakima. *15. Consideration of Resolutions regarding Mobile Data Communications System: A. Resolution authorizing execution of purchase agreement with DATARADIO Corporation for digital radio communications system RESOLUTION NO. R- 2004 -26, A RESOLUTION authorizing and directing the City Manager of the City to execute a purchase agreement and all other necessary documents with DATARADIO Corporation for the purchase by the City of Yakima from said corporation of digital radio communication system. B. Resolution authorizing execution of financial agreement with Key Municipal Finance for purchase of digital radio communications system equipment RESOLUTION NO. R- 2004 -27, A RESOLUTION of the City of Yakima, approving and authorizing the acquisition of a mobile data communication system in the amount of not to exceed $325,000 pursuant to the Master Tax - Exempt Installment Purchase Agreement with Key Municipal Finance. *16. Consideration of Motions to initiate the Valley Brook Annexation (Adopt Standard Motions A & B) February 3, 2004 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Joanne Hansen Pratt on behalf of Hansen Development Company and Jeff Holbrook. The annexation proposed by the above parties was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the. Yakima County Boundary Review Board. *17. Set date of public hearing for February 17, 2004 to consider acceptance of the Cottonwood Annexation February 17, 2004 was set as the date of public hearing to consider the Cottonwood Annexation. *18. Set date of Closed Record Public Hearing for February 17, 2004 to consider the Hearing Examiner's recommendation on the rezone of property at 406 North 23 Avenue, requested by Tiger. LLC February 17, 2004 was set as the date for a closed record pubic hearing to consider the Hearing Examiner's recommendation to approve a rezone of property at 406 N. 23 Avenue, requested by Tiger LLC. 6 130 FEBRUARY 3, 2004 ORDINANCES 19. Consideration of Legislation amending the Municipal Code relating to Park rules and regulations: A. Ordinance updating change of location of the senior citizen center, prohibiting motorized scooters from parks and pathways, and prohibiting dogs and other animals on the Tahoma cemetery grounds This item was removed from the agenda. B. Ordinance changing the park curfew from 10 p.m. to "hours of darkness" Denise Nichols, Parks and Recreation Manager explained that this ordinance was for housekeeping purposes to develop consistency between signs at the parks and actual code. Cynthia Martinez, Assistant Attorney, defined the term "hours of darkness" explaining that it is used in the context of headlights on cars. After a long discussion regarding the intent of the ordinance to give the police a tool to deal with inappropriate activity after dark in the parks and the limitations it would put on upstanding citizens, staff was directed to maintain the existing ordinance and modify the signs, where necessary, for consistency. *20. Consideration of Legislation regarding Special Needs Paratransit Grant: A. Resolution authorizing execution of documents to accept the Special Needs Paratransit Grant from the Washington State Department of Transportation RESOLUTION NO. R- 2004 -28, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute all necessary documentation to accept the Special Needs Paratransit Grant from the Washington State Department of Transportation through the Agency Council on Coordinated Transportation (ACCT). B. First Reading of Ordinance amending the 2004 budget and appropriating funds for Transit Special Needs (Read ordinance by title only; pass ordinance after second reading on February 17, 2004) An Ordinance amending the 2004 budget and appropriating funds to provide for Special Needs Transportation Services, was read by title only, and laid on the table until February 17, 2004 for a second reading. 21. Other Business A. Alternatives for Council Meeting Times / Schedule Council Member McClure described the concern of the Council subcommittee; how to make this work best for the citizens and still work well for Council and staff. How to have a process for citizens to see and understand how government works, have input, and yet balance it with staffing issues. That was why they suggested putting the hearings later in the day so those who get off at five o'clock could come after work. Discussion ensued on the pros and cons of the various alternatives. Council Member Place told how the mayor of the City of Seattle has a call -in show and suggested that 7 131 FEBRUARY 3, 2004 could be a possibility through YPAC one or two times a month. Council Member Sims strongly recommends holding the executive sessions before council meetings as it limits the amount of time in the back room and limits the lawyer overtime charged to the City. After much discussion it was requested that the subcommittee be allowed to continue to work on alternatives. They also solicited input from citizens as to their preferences. Mary McDaniels, 905 Walker Street, advocated evening meetings, however, they don't always work for her because of the lack of transportation in the city at night. She liked the idea of a call -in show. She suggested expanding transit service on the nights • there are evening meetings. Council Member Place offered an idea to hold open office days where each Council member took a day to be available to meet with anyone that wanted to come talk. Clarence Gipson, 1315 South 40 Avenue, spoke against a call -in show and said it would be best to leave it, as nearly as possible, the way it is for audience participation. Clarence Barnett, said that, although he likes the phone call idea, he wouldn't want to see the removal of the audience participation part of the Council meeting. Howard Hinton, 203 Rancho Lane, said he was on the City Council in South Dakota and their experience was that no matter what time you hold the meetings it won't be convenient for someone. Their meetings were at 7 p.m. with no limit and there were times they didn't adjourn until after midnight. When they changed from day to evening meetings, in general, the citizen attendance did not change. After a discussion on speaker time limits, it was the consensus of Council to set the limit at three minutes and to have a timing system. EDLER MOVED AND SIMS SECONDED TO PURCHASE THE TIMING LIGHT AND IMPLEMENT IT AS SOON AS IT ARRIVES. The motion carried by unanimous voice vote. *B. Appointment of Dueane Calvin as alternate voting member on the Yakima River Sub Basin Board C. National League of Cities Attendees Attendees this year will be Mayor George and Council Members Bonlender, Place and Whitman. Council Member Place is going through the Association of Washington Cities who will be paying her expenses. City Manager Zais gave a brief description of what the trip entails. • Mission Vision Statement Council Member Place distributed a draft of the Mission and Vision Statement. She asked Council members to review it and offer suggestions. It will then be adopted in a public meeting. • Patriot Act Council Member Edler said that, although he understands the heart behind everything that group of citizens is concerned with, he contends that it is a political issue that has nothing to do with the governing of this city and Council should not be spending time on that kind of an issue. Council Member Sims explained that at the last Council meeting the motion to put the resolution on the agenda failed. In order for that to 8 1 3 2 FEBRUARY 3, 2004 come back to the table the people who voted in the majority would have to bring it back to the table. If it isn't brought back by any of those voting parties, it doesn't come back. City Manager Zais advised that the City Legal Department prepared some background information on the subject that is available for anyone wanting to look at it. • Council Invocation Council Member Edler noted that prayer has not happened since the new council sat and he is interested in it being reinstituted. After discussion, it was the consensus of Council to offer a brief prayer at the beginning of the Council meetings. Responsibility would rotate among anyone willing to give the invocation. • Information Items: Items of information provided to Council were: 1/29/04 News Release regarding State Supreme Court Rules Petition Method of Annexation Constitutional; Agenda for the February 5, 2004 Yakima Downtown Association meeting and minutes of its December 4, 2003 meeting; Agenda for the February 4, 2004 Community Review Board Agenda; 1/22/04 Letter from the Department of the Army re: Finding of no significant impact - proposed relocation of the 2 Battalion, 160' Special Operations Aviation Regiment to Fort Lewis, Washington; Monthly Report of the Chief of Police for October 2003; Planning Assignments Pending as of the Week of February 3, 2004; Article from the January 25, 2004 The Seattle Times, "The Jim Ellis Way: Region needs new generation of leaders to think big "; Article from the January 29, 2004 The Olympian, "City May Seek Another Project "; Article from the January 27, 2004 Sunnyside Daily Sun News, "Water, sewer rate increases imminent "; and Greater Yakima Chamber of Commerce — 2004 Trends Report. 22. Executive Session regarding Pending Litigation and Property Acquisition (allow approximately 40 minutes) PLACE MOVED AND WHITMAN SECONDED TO ADJOURN TO EXECUTIVE SESSION REGARDING PENDING LITIGATION AND PROPERTY ACQUISITION AND THEN TO 7:00 P.M. FOR A PUBLIC HEARING ON THE 2004 ANNUAL ACTION PLAN AND THEN TO FEBRUARY 17 AT 7:30 A.M. FOR A STUDY SESSION ON RAILROAD GRADE SEPARATION. The motion carried by unanimous voice vote. 23. Adjournment Following the close of the Executive Ses 'on, t e meeting adj. . rned at 5:12 p.m. READ AND CERTIFIED ACCURATE BY � G ) ()L MEMBE', DATE Ci i CIL MEM c R DATE ATTEST: nn CITY CLERK PAUL GEORGE, AYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 9