HomeMy WebLinkAbout03/02/2004 Business Meeting 15:7
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
MARCH 2, 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, City Attorney Paolella, and Acting City Clerk
Watkins
2. Invocation /Pledge of Allegiance
Council Member Bonlender gave an invocation followed by the Pledge of Allegiance
led by Council Member McClure..
3. Open Discussion for the Good of The Order /Special Presentation
A. Proclamations
• • Peace Corps Week
Mayor George read a proclamation declaring March 1 -7, 2004 as Peace Corps
Week. Chris Waarvick, Director of Parks and Recreation, and Bill Cook, Director
of Community and Economic Development, both prior Peace Corps members,
accepted the proclamation.
• Yakima Reads Day
Council Member Whitman read a proclamation declaring March 2, 2004 as Reads
Day. Jane Watson of Adams Elementary was present to accept the proclamation.
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. 12 was removed from the Consent Agenda. The
Acting 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.)
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*A. Approval of the minutes of the November 10 and 12, 2003 Adjourned
Meetings, and February 3,'2004 Special Meeting
The minutes of the November 10 and 12, 2003 Adjourned meetings and the
February 3, 2004 Special 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
Mike Murphy, 4411 Snow Mountain Road, submitted pictures of the Doty project and
requested that another meeting be held with all parties of interest. Joe Caruso,
Supervising Code Inspector, gave an update on the project, and described the Court
activities that have taken place to date. He noted there are four new investors in the
properties. The new individuals have put up the required fencing and have secured all
the houses within the fenced area.
Aileen Kane, 701 South 14 Avenue, warned the Council to use caution and due
diligence with regard to the plans for the mall property.
Lynne Kittelson, 305 North 9 Street, reminded Council and the public that there is a
meeting at the Library this evening on the Streamlining Sales and Use Tax issue
sponsored by both the League of Women Voters and the Library. She also reminded
people of the public hearing on standards for boarded up vacant structures to be held
this evening at 7:00 p.m. in Council Chambers.
Phil Pleasant, 1202 Fair Avenue, spoke on the hub zone and claimed the Council has
not pushed the issue hard enough with the federal government. He also shared his
reaction to the inappropriate remarks made by Senator Deccio earlier this year.
Earl Lee, expressed his concern over the recent issue with Blacks in Government and
Senator Deccio's remarks. He said that organization would be back in Yakima on
March 12 at the South East Community Center at 6:30 p.m. He recommended
Council attend and take the opportunity to show Yakima's good side.
Alonzo Marquez, 613 North 3 Street, said that Joe Morrier needs to decide whether
he wants Hispanics to be part of the mall or not. He also gave his reaction to Senator
Deccio's remarks.
CITY MANAGER'S REPORTS
6. Report from Police Department regarding proposed Verified Alarm Response
Policy
Police Chief, Sam Granato, provided information regarding the proposed Verified Alarm
Response Policy.
• The number of residential and business burglar alarms have increased because
of their affordability
• 98.8% of the alarm calls in Yakima are false alarms
• False alarms take officers away from their duties
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• Police have met with industry representatives several times
• Industry recognizes the problem
• Public Safety Committee endorsement
• Police Advisory Committee endorsement
• Police Department is understaffed
• Will respond to manually activated alarms
• Proposal gives local alarm companies an advantage
• Fees for false alarms don't work — cause disputes
• Clarified verified response as an alarm requiring private alarm companies and
• stations to verify that an intrusion alarm is the result of criminal activity — usually
verified by a private security guard
• Alarm response time actually goes down
• Frees up officers to do more police work
Discussion ensued on how this would be implemented and how verifications could be
made. Speaking in favor of the proposed policy were Jerry Foy, 4811 Modesto Way,
Ron Anderson from CWI Security, and Jerry Henderson, 309 North 35 Avenue.
Speaking against the proposal and requesting further study were Bob Mansfield and
Joe Young of Mansfield Alarm Company. Alex Santillanes, 1407 West Chestnut,
expressed concern for his family safety with the proposal, Mary Jo Mengarelli of
Yakima Neighborhood Health Services suggested further study be done before making
a decision. Russ Ferguson from Alarm Ace, agrees that false alarms are not good but
sees value in police responses claiming they are making a showing in the area and
giving value to the homeowner or business owner. Ron Haner from a security
company in Lacy and representing the State Alarm Association said the industry
understands the problem but would like more time to study other options as did Derek
Carroll of B3 Solutions.
Following a five minute recess to change video tapes, the Council reconvened at 4:09 p.m.
Discussion continued on involvement to date with the alarm companies. PLACE
MOVED AND McCLURE SECONDED TO IMPLEMENT THE PROPOSAL IN 90
DAYS FOR A TWO -YEAR TRIAL PERIOD. Council Members Sims and Place
requested that the Police Department give semi - annual reports on how the proposal is
working. Council Member Whitman pointed out to the State Alarm Association
representative that there has been a study session and meetings on this subject and
questioned why the alarm companies are just now coming forward requesting more
time. The motion carried by unanimous roll call vote.
7. Consideration of legislation amending the 2004 Community Development
Block Grant budget and increasing funding in the Section 108 Loan Pool
Bill Cook, Director of Community and Economic Development, introduced this
item and clarified that, by neither A nor B does the City make a commitment to
any application, current or in the future. Applying for the increase assures that
the City will be in a position of support and able to take action on economic
development initiatives more quickly when opportunities arise. There is no cost
to the City to complete the application. He mentioned the potential of
decreased opportunities in the future if interest rates rise.
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A. Motion to amend the 2004 Community Development Block Grant
Action Plan
EDLER MOVED AND SIMS SECONDED TO AMEND THE 2004 CDBG
ACTION PLAN. Mick Hughes, a Yakima citizen, gave his support for the
increased loan fund and also commented that he supports the hotel project for
the mall location. Mary McDaniels, 905 Walker Street, said she was in favor
of both 7A and 7B. Council Member McClure explained that he is going to vote
against both items because there is no project identified for the funds,
therefore, he sees no need for them at this time. Discussion ensued among
the Council members on the pros and cons of taking the step now in order to
be poised and ready when a project comes through. Mr. Cook explained that if
we approve this today we can then submit requests through the Seattle office.
If we do not, we will be submitting them directly to Washington D.C. which is a
more time - consuming process. Michael Morales, Community Economics
Specialist, clarified that asking for the money today does not give blanket
approval to any project. Each will have to go through multiple approval levels
of Council and HUD. Lynne Kittelson, 305 North 9 th Street, said she supports
the amendment to the plan. The question was called for a vote on the
motion. The motion carried by 6 -1 voice vote; McClure voting nay.
B. Resolution amending the Economic Development Loan Fund for Section
108 loans and authorizing submission of request to HUD to increase the
Economic Development Loan Fund
The acting City Clerk read the resolution by title only. SIMS MOVED AND EDLER
SECONDED TO ADOPT THE RESOLUTION. The motion carried by 6 -1 roll call vote;
McClure voting nay.
RESOLUTION NO. R- 2004 -40, A RESOLUTION 1) To amend the Economic
Development Loan Fund to increase the amount of available Section 108 loan funding
by $2,945,000; and 2) Authorizing the City Manager to submit a request for funding
from the Section 108 Loan Guarantee Program of the United States Department of
Housing and Urban Development (HUD) to increase the EDLF.
8. Consideration of adoption of City of Yakima 2004 Federal Priorities
Council Member Place advised that she had asked for two additions to the priority list;
both under Transportation. One was to support FAA working directly with local
government in determining land use, and the other was to support the next phase of
the expansion for the Valley Mall Boulevard for Union Gap. Council Member Sims
requested the FFTF (Fast Flux Test Facility) be added under Department of Energy.
Mr. Morales also advised the addition of the Front Street Restoration Project. Phil
Pleasant again spoke about the hub zone issue. He was advised that subject had
been brought before the Legislators before and that we are not the hiring authority on
the project. Mr. Pleasant was referred to the Bonneville Power Administration.
PLACE MOVED AND SIMS SECONDED TO PASS THE FEDERAL PRIORITIES
LIST AS AMENDED. The motion carried by unanimous voice vote.
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*9. Consideration of Resolution authorizing execution of a professional services
agreement with Mead and Hunt, Inc. for airport overlay planning services
RESOLUTION NO. R- 2004 -41, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute an "Agreement for Airport Planning Consulting Services" with
Mead & Hunt, Inc.
*10. Consideration of Resolution authorizing execution of personal services
agreements for various Parks and Recreation Division programs during 2004
RESOLUTION NO. R- 2004 -42 A RESOLUTION authorizing and directing the Parks
and Recreations Division Manager of the City of Yakima to execute Personal Services
Agreements during 2004 that are substantially in accord with the attached "Personal
Services Agreement" in order to obtain specialized services for the Parks Division.
*11. Approval of Final Contract Payment for Fruitvale Water /Sewer Project No. 1918
performed by THG Construction (Standard Motion V -B— accept the project and approve
the final payment)
The report from the City Engineer, dated February 13, 2004, with respect to the
completion of the work on the Fruitvale Area Water & Sewer Improvement Project
No. 1918, performed by THG Construction, Inc. was approved, the work accepted
and payment of the final estimates as therein set forth was authorized.
12. Set date of public hearing for March 16, 2004 to consider legislation establishing
a formal public participation process for the amendment of development
regulations
Doug Maples, Planning and Code Enforcement Manager, explained that last year an
ordinance was adopted allowing public participation in order to help them understand
the Comprehensive Plan amendment process. SIMS MOVED AND PLACE
SECONDED TO SET THE PUBLIC HEARING FOR THE COMPREHENSIVE PLAN
AMENDMENT OF DEVELOPMENT REGULATIONS PUBLIC PARTICIPATION
PROCESS FOR THE MARCH 16, 2004 BUSINESS MEETING. The motion carried by
unanimous voice vote.
ORDINANCES
*13. Consideration of Ordinance approving the rezone of property at 406 North 23rd
Avenue requested by Tiger LLC
ORDINANCE NO. 2004 -11, AN ORDINANCE concerning land use and zoning;
rezoning the parcel located at 406 North 23` Avenue, Yakima, Washington, from
Single - Family Residential (R -1) to Professional Business (B -2); and amending the
Official Yakima Urban Area Zoning Map to reflect said rezone.
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*14. First Reading of Ordinance amending the 2004 budget and appropriating funds
for 2003 year - end encumbrances (Read ordinance by title only; pass ordinance after
second reading on March 16, 2004)
An Ordinance amending the 2004 budget and appropriating funds for 2003 year -end
encumbrances, was read by title only, and laid on the table until March 16, 2004 for a
second reading.
*15. Second Reading of Ordinance amending the 2004 budget and appropriating
funds in the Equipment Rental Fund for the purchase of street maintenance
equipment
An Ordinance amending the 2004 budget and appropriating funds for the purchase
of street maintenance equipment, previously having been read by title only, was
brought before the Council for a second reading.
ORDINANCE NO. 2004 -12, AN ORDINANCE amending the 2004 budget for the
City of Yakima; and making an appropriation of $300,000 in the 552 — Equipment
Rental Capital Fund for expenditure during 2004 to provide for purchase of Street
Maintenance Equipment.
*16. Second Reading of Ordinance amending the 2004 budget and appropriating
funds for the acquisition of property for the Kiwanis Park project
An Ordinance amending the 2004 budget and appropriating funds for the purchase
of property for the Kiwanis Park project, previously having been read by title only,
was brought before the Council for a second reading.
ORDINANCE NO. 2004 -13, AN ORDINANCE amending the 2004 budget for the
City of Yakima; and making an appropriation of $30,000 in the 331 — Parks and
Recreation Capital Fund for expenditure during 2004 to provide for purchase of land
for the Kiwanis Park project.
17. Other Business
• Committee Appointments
BONLENDER MOVED AND PLACE SECONDED TO APPOINT ROCKEY
MARSHALL TO THE VACANT POSITION ON THE COMMUNITY REVIEW BOARD.
The motion carried by unanimous voice vote.
Council Member Bonlender said the subcommittee had reviewed the applications for
the Consolidated Plan Citizen Input Committee and recommended appointment of:
Anne Knapp, Julio Romero, Leonor Appleby, Mary Louise Harris, Freya Burgstaller,
Gregory Bohn, and Oscar Rodriquez. BONLENDER MOVED AND SIMS
SECONDED TO ACCEPT THE SEVEN RECOMMENDED INDIVIDUALS TO THE
NEW CONSOLIDATED PLAN CITIZEN INPUT COMMITTEE. The motion carried by
unanimous voice vote.
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• Street Standards Workshop
Chris Waarvick, Director of Public Works, announced there will be a public workshop
on Municipal Code 12.06, Street Standards on March 19 at 3:30 p.m. This relates to
recommendations of the Capital Facilities Committee and is a requirement to comply
with the Growth Management Act Capital Facilities plan. There are many stake
holders that have been invited to attend the workshop. Council is invited but will also
hear the same information at a future study session.
• Local Historic Preservation Committee Meetings
Council Member Place reported that she had received a citizen request to have the
Local Historic Preservation Committee meetings televised on YPAC. City Manager
Zais committed to work on that.
• Information Items:
Items of information provided to Council were: 2/25/04 Memorandum from the City Clerk
re: 2003 Election Expenses; 3rd and 4th Quarter 2003 Municipal Court/Probation Office
Statistics; Planning Assignments Pending as of the Week of March 2, 2004; Monthly Report of
the Chief of Police for November 2003; Agenda for the March 3, 2004 Community Review
Board meeting; and Invitation to Public Open House hosted by Yakima County Planning
Department regarding Critical Areas Ordinance and Shoreline Master Program Update Project
and The Non - Regulatory Critical Areas and Natural Resources Program on March 4, 2004.
• Executive Session:
City Manager Zais advised that an Executive Session was needed for about 30
minutes. BONLENDER MOVED AND SIMS SECONDED TO MOVE INTO
EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION FOR
APPROXIMATELY 30 MINUTES. The motion carried by unanimous voice vote.
18. Recess to 7:00 p.m. for public hearing on amending standards for vacant
structures
Following the Executive Session, the Council Meeting recessed from 5:55 p.m. until
7:00 p.m. for the Public Hearing on amending standards for vacant structures.
PUBLIC HEARING
19. Public Hearing to consider legislation establishing minimum standards for
regulating vacant structures
Mayor George called the meeting to order at 7:09 p.m. All Council members, with the
exception of Council Member Edler, were present. Also present were City Manager
Zais and acting City Clerk Watkins.
Doug Maples, Planning and Code Enforcement Manager, distributed a list of 104
vacant buildings with pertinent information about each.
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MARCH 2, 2004
Ken Harper, Legal Counsel for the City, gave a brief overview of the intended effect of
the ordinance. From a legal perspective, it is meant to give the City Code
Enforcement Officials additional grounds to inspect and have the ability to influence
status of vacant buildings in the city. It does not replace any current code
enforcement options. These are minimum standards and the ordinance does nothing
to alter the City's authority to enter private property. An infraction is equivalent to a
traffic ticket, a civil charge that carries a fine, goes to court, and people have the
chance to challenge it. Council Member Sims brought up the issue of "mothballing"
property and expressed concern that "mothballing" may give property owners an out.
This resulted in a discussion of the difference between Chapters 11.10 and 11.48
(proposed) in the Municipal Code. Chapter 11.10 covers dangerous buildings, and the
proposed Chapter 11.48 will cover vacant structures.
• Mayor George opened the public hearing
Ron Anderson, 605 South 53 Avenue, distributed a statement he had submitted
earlier with his concerns about the ordinance. He felt it was, for the most part,
acceptable. His main concern was about the requirement for annual inspection with
an attached fee. He feels if the property was properly secured there would be no
reason for an officer to enter. His concern was protecting the property rights of the
owner. Mr. Harper clarified that there is no provision for imposing a fee for
inspections. The obligation of inspection is on the property owner. Only in the event
that the building fails to meet standards is the City authorized to have an inspection
performed.
David McDonnell, 7004 Pierce Court and President of the Yakima Landlord's
Association, spoke about how they have approached the State Representatives and
Senators asking them to help provide incentives to private citizens to acquire and
rehabilitate these vacant properties. They would like to be involved with the City on
this issue.
Bill Lover, 2507 West Yakima Avenue, claimed that revenue is dictating policy
change rather than citizens' needs and referenced the "meth" houses that the City
claimed were the responsibility of the Health Department. Mr. Maples explained that
once the Health Department takes over a "meth" house, we have no opportunity to
pursue abatement until it is released. Mr. Lover said the City has to partner with the
Health Department to clean them up.
Jerry Henderson, 309 North 35 Avenue, spoke about the downturn of Tacoma
during the 60's and compared it to what is going on with Yakima. He thinks it is
important for the City Council to work on cleaning up the properties.
George Cosen, 801 Country Club Drive, feels this legislation redefines what a public
nuisance is. He feels it is inappropriate to lump mothballed properties with dangerous
buildings and by doing so we are signaling that appearance alone is justification to
attack a mothballed structure. Although he agrees vacant structures can be an
irritation to neighbors, they don't create a public hazard to the neighborhood. He is
afraid that, if the ordinance passes as written, it will force both annual inspections and
unnecessary new code requirements on existing mothballed properties. He
questioned whether people can afford to comply and worried that it sets a precedence
for future appearance standards on occupied structures.
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MARCH,2, 2004
Martin Chacon, 205 West Chestnut Avenue, warned that the results of efforts to do
good can sometimes be disastrous. He feels the legislation is an overkill, that
educating renters may be more helpful. He also questioned what happened to the
money ONDS was using to help people rehabilitate their houses.
Bob Mason, 612 North 2nd Street, agrees with the proposed ordinance and referenced
a property at 801 North 4th Street that has been boarded up for twenty years and is the
frequent target of graffiti.
Mark Matthews, 3110 Castlevale, is involved with the rental business and says the
problem with vacant and boarded up buildings is they usually get covered with graffiti.
Those buildings not only affect the neighborhood but also affect every landlords'
pocket.
Mary McDaniels, 905 Walker Street, supports the proposed ordinance and suggested
diplomacy when dealing with the people involved.
Steve Emhoff, 1014 South 16 Avenue, spoke in support of the ordinance but would
like to see the time limit for condemnation reduced to 2 -3 years unless there are
specific problems such as probate.
Maud Scott, Southeast Yakima, urged the Council to not rush into this. She
suggested that this ordinance attacks the symptom and not the problem and that
proper code enforcement has not been done in the neighborhoods. She asked for a
schedule of meetings to more thoroughly discuss the issue.
Lynne Kittelson, is opposed to the proposed new chapter and submitted her
comments in writing. Basically they claimed the ordinance was punitive and was
aimed at a select group and that the City just needs to enforce the current level of
codes.
Council members commented that this is not intended to be punitive and that although
one member sponsored this ordinance it struck a nerve with a lot of the citizens
because it is getting strong reaction. They also stressed the need to set standards.
Javier Gutirerrez, said the ordinance is discriminating and focuses on one area while
illegal conversions of houses into apartments is being ignored.
Phyllis Musgrove, 424 North 30 Avenue, said she has rental property and maintains
it. She is quite concerned about the condemnation part of the ordinance asking if it is
just that the City wants more property. She also asked what the people with no money
were supposed to do.
Magdalena Sanchez, 1707 South 66 Avenue, supports the proposed ordinance
noting people should be responsible for their properties and have respect for those
around them.
Ray Stenberg, 602 Hillside Drive, said he totally supports the ordinance.
Bill Cobabe, Office of Neighborhood Development Services Manager, responded to
questions that have come up regarding funds to assist people with rehabilitation. He
advised that the program that provided loans for rentals was discontinued. Because
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they get a finite amount of money to cover a large target area, it was decided to limit
the assistance to home ownership. They do have a home ownership rehabilitation
program that can provide loans to qualified home owners to fix up their places. ONDS
also has experienced staff to help draw up plans, do design work, and assess needs
relating to codes. There are enough funds available to do six to eight houses a year,
as the money is spent it affects available money for the down payment program.
Ken Harper responded to written questions received from Clarence Barnett. To the
question; would it have immediate applicability, the answer is yes. Also, the ordinance
does not have a grandfather clause. Council Member Bonlender said the ordinance
would be reviewed in one year and modified as needed.
• Mayor George closed the public hearing
(See Item No. 20 for Council action on this item.)
• Other Business
Council Member Sims advised that in a poll of the Council Members they discovered
that due to obligations there are conflicts with the regularly scheduled April 6th
scheduled Business Meeting. SIMS MOVED AND BONLENDER SECONDED TO
CHANGE THE MEETING FROM APRIL 6, 2004 TO APRIL 13, 2004. The motion
carried by a 6 -1 voice vote, Place voting nay; Edler absent.
20. Adjournment to March 16, 2004 at 7:30 a.m. for Study Session on stormwater
utility policy issues
Council Members realized that they closed the public hearing when they actually
wanted to continue it to the March 16, 2004 Business Meeting. BONLENDER
MOVED AND SIMS SECONDED TO HOLD ANOTHER PUBLIC HEARING ON
AMENDING STANDARDS FOR VACANT STRUCTURES AT THE MARCH 16, 2004
BUSINESS MEETING. The motion carried by unanimous voice vote; Edler absent.
PLACED MOVED AND SIMS SECONDED TO ADJOURN TO MARCH 16, 2004 AT
7:30 A.M. FOR A STUDY SESSION ON STORMWATER UTILITY POLICY ISSUES.
The motion carried by unanimous voice vote; Edler absent. The meeting adjourned
at 8:42 p.m.
READ AND CERTIFIED ACCURATE BY Or
COUNC ► EMB // DATE
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i OU L` EMBE'� DATE
ATTEST:
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CITY CLERK PAUL P. GEORGE, MAYO'
Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office
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