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HomeMy WebLinkAbout03/16/2004 Business Meeting 172 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL MARCH 16, 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 Paolella (present after 4 p.m.), Assistant City Attorney McMurray (until 4 p.m.), and City Clerk Roberts 2. Invocation /Pledge of Allegiance Mayor George led a moment of meditation prior to the beginning of the meeting followed by 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. Items Nos. 10, 12, 17, and 22 were removed from 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 February 17, 2004 Special Meeting (with YDA) and Business Meeting The minutes of the February 17, 2004 Special Meeting (with YDA) and Business Meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 173 MARCH 16, 2004 5. Audience Participation David Picatti, North Front Street Improvement Association, advised that they didn't get their funding from the state and, although they are disappointed, they are undeterred and hope to be back next year. He thanked Council for their support. Larry Breer, 2911 Shelton Avenue, introduced Brother Warren Wagner who read a revised resolution against the Patriot Act that they would like the City Council to pass. Mr. Breer also introduced the following people who spoke in favor of passing the resolution: Lara Schmidt, an Eisenhower High School student; Richard Gaulke, 209 South 62 Avenue; Leni Scarin, 213 South 28 Avenue; Tony Landreau, 1103 South 32 Avenue; Dale Johnson, 3310 Jefferson Avenue; Carole Sahlstrand, 710 Hwy 821 #90; and Gene Rupel, 7200 Midvale Road. Lynne Kittelson, 305 North 9 Street, announced that on March 23 at 7:00 p.m. the Yakima Valley Regional Library and League of Women Voters will be doing their forum on the pros and cons of the Patriot Act and invited the public to attend. Doug Lemon, 6910 Borley Way, distributed a picture of a sewer problem and claimed the Sewer Department doesn't do enough to prevent these problems. He requested Council take action on accusations he made against the department employees. Matt Lunstrom, 1211 South 7 Street, commended the City Council and Paul George for attending a recent community forum held to improve race relations in Yakima. He advised of another meeting to be held March 26 at 6:30 p.m. at the South East Community Center and invited Council members to again attend. He said the BIG organization (Blacks in Government) will have a representative there and over 60 churches have also been invited to the program. Bev Luby Bartz, 114 North 7 Street, clarified the Municipal Code on barking dogs. Maud Scott noted there was a meeting of the Local Review Board for Historic Preservation this evening. She also asked about Item No. 9 (on consent) whether or not, since federal funds were being used, a section 106 review was done before construction on the new units began. She commented on a historic house on South Naches Avenue that was being torn down. Ms. Scott then distributed a document on homeless housing, and noted a plan for permanent homeless housing. She mentioned the regional methadone treatment clinic in the area of South Naches Avenue and how it is bringing populations in that impact the viability of our housing. Phil Pleasant, 1202 Fair Avenue, asked for information on various funding that ClientLogic received. City Manager Zais advised that we could supply him with a copy of the incentive package with ClientLogic, but the other records on employee demographics will have to be obtained from the company. Mr. Pleasant then asked for information on who was involved in the application for the Weed and Seed designation. He was advised that effort is underway and was instigated by the Police Department. He was referred to Lt. Merryman for further information. 2 174 MARCH 16, 2004 PUBLIC HEARINGS 6. Public Hearing to consider legislation establishing minimum standards for regulating vacant structures Doug Maples, Code Enforcement and Planning Manager, advised Council that the mailing of a notice inviting the property owners to the hearing was not accomplished. As a result, it would be inappropriate to take final action on the item today. He pointed out that there were a few modifications made to the proposed ordinance as suggested at the last council meeting. He also reported that a meeting was held with the Health District to discuss securing properties involved with "meth" labs and was pleased to advise that they are very willing to cooperate with the City and use our standards to board up those structures. He did ask the Health District staff how long does it take to get compliance on these structures and was advised that the shortest is about a year but there are some that are three years into the process. He referred to RCW 64.44 that covers the authority of cities and counties with regard to structures that have had meth labs in them and it indicates cities and counties cannot interact until that process is complete and all the appeals have been processed. But with the current agreement with the Health District we now have an opportunity to act on these properties and secure them well before the properties have been abated. Council Member Sims asked for clarification on a statement made at the previous hearing regarding the requirement of inspections. Mr. Maples clarified that it has been changed in the proposed ordinance to where it is the owner's responsibility to have the inspection done professionally. • Mayor George opened the Public Hearing Lynne Kittelson, 305 North 9 Street read a letter from Mary Harris of 705 North 2nd Street, and submitted it to the City Clerk for the record. Her comments were that this has been a problem for over 30 years and still exists even though we have "thrown money and resources at it before now ". Robert Owen, 614 North 3rd Street, said when he has asked previously about when something was going to be done about this problem he was told there was already legislation in place. He doesn't understand the need for more legislation and commented that more is not necessarily better. He also suggested that the City should not wait for a complaint before taking action. Don Hinman, 4605 Scenic Drive, commended the City Council for being proactive and trying to solve this problem. People who take care of their property make good neighbors. He believes that City Government has to take a stance and say these kinds of things are wrong in order to get the message out to young people. He is the Legislative Chair for the Yakima Valley Landlord Association and recently went to Olympia to discuss this issue with the legislators. They plan to go back with ideas and suggestions such as forgiveness of some property taxes if someone is willing to invest and take over property, or maybe make state funds available for low cost loans. Phyllis Musgrove, 424 North 30 Avenue, supplied Council with pictures of houses that are not vacant but have serious code problems. She spoke about many individual properties. She didn't agree that a boarded up house should be required to be inspected annually. She suggested that the Council needed to study the issue and 3 175 MARCH 16, 2004 determine the impact to the people who own these properties before voting. Stating that that three minutes is not a sufficient amount of time to voice her opinion on this issue, she submitted her comments in writing. Benine McDonnell, 7004 West Pierce Court, read and distributed a copy of a letter written by her husband, Dave. Although he supports the amendment to relax the rule on cut -to -fit door coverings, he was taken aback on the requirement of annual professional inspections. He said he hoped it was Council's' goal to work toward placing these properties back into living condition. Mrs. McDonnell then distributed and read a letter she wrote which expressed many of the same concerns. Bev Lubv Bartz, questioned the definition of a vacant building. Mr. Harper advised that a vacant building means a structure is unoccupied, unattended, and not actively used. All three criteria have to be met. If a building is vacant, secured, and the property is maintained, it would most likely comply With the standards in the proposed ordinance. Don Hinman commented on experiences with vacant houses noting he had been shocked when going into some of them. Houses they thought were totally secure had squatters living in them. He emphasized that they really do need to be inspected and that the ordinance won't work without inspections. If there isn't a way to enforce the ordinance, it shouldn't be implemented. Susan Erickson, 6910 Borley Lane, feels that graffiti is a more serious problem than boarded up houses and that the City should put its energy into getting rid of graffiti and vandalism. Alonzo Marquez, 613 North 3` Street, agreed with Ms. Erickson and expressed his opinion that the cause of the problem is that no one wants to do anything about the young kids. The kids can do anything and they won't be touched. He predicted that the City won't enforce the new ordinance and should be putting its efforts into dealing with existing problems. Lynne Kittelson, 305 North 9th Street, submitted written comments against the proposed new code. She feels the Community Review Board's powers are sufficient to deal with the vacant building problem. Her letter commented that this is a discriminatory action aimed at a select number of citizens and designed to be punitive. She also submitted, and endorsed, an article from the 3/10/04 Yakima Herald- Republic entitled "Selah Still Refining Property Upkeep Rules ". Jerry Dills, 717 North 5 Avenue, Apt 2, said he was against the ordinance and didn't care whether houses near his place were boarded up; however, graffiti needs to be cleaned up. Mike Murphy, 4411 Snow Mountain Road, raised the issue of abandoned vehicles and feels it is a bigger problem. Mary McDaniels, 905 Walker Street, urged the City Council to approve the ordinance. She said she understood the goal is to bring these houses up to code and back to a livable condition, not to tear them down. She agrees there is a need to get rid of the graffiti, but this ordinance is one step in the right direction. Dana Brooks, 717 North 5 Avenue #2, said she doesn't care about boarded up buildings but cares about the graffiti. 4 176 MARCH 16, 2004 Jude Doty, 1011 Prospect Way, commented that empty structures exist because of excessive regulations. Maud Scott, South East Yakima, read a letter from Martin Chacon commenting on an article in the Yakima Herald- Republic that inferred this issue was going to be decided today. He asked what happened to the multiple meetings originally planned. Salome Valencia, 1616 South 3rd Avenue, read a letter from Patty Wilson who lives on South 9th Street. The letter stated she doesn't mind houses being boarded up but does mind them not being boarded up and having young people hanging out in them. She chastised the City for attacking the neighborhood. Rodoffo Mordaca, 1607 South 16 Avenue, said he is a sixteen -year old student at Davis High School and an Ambassador of the Gear Up Program. He) enjoys helping in the community and they will be taking care of the graffiti very soon. He expressed hope that neighborhood properties are treated with respect and restored rather than torn down. Following a short recess to change the video tape, the meeting reconvened at 4:15 p.m. Ken Harper, Counsel for the City, asked the Council members for feedback on content for the ordinance, suggesting that if they have heard something that they think should modify the ordinance to please let it be known. City Manager Zais suggested it might be helpful to have the original committee of the Council discuss what has been heard and come back with a revised proposal. When suggestions came up to include graffiti and abandoned vehicles, Mr. Harper advised that, because of the general proposition that less legislation is desirable, he has tried to keep the ordinance as narrowly focused as possible on aspects of vacant buildings. He noted there is both graffiti and abandoned vehicle legislation that exists on their own. Council Member Bonlender suggested adding another note to the ordinance stating that the property has to adhere to other ordinances that we have such as graffiti, abandoned vehicles, etc. In further conversation it was noted that we don't want to add responsibility to the City but want citizens to take responsibility for their own property. It was also pointed out that there are a number of social ills commonly associated with the sorts of vacant structures we are trying to deal with. This ordinance isn't trying to deal with those things but is just trying to establish minimum standards for those vacant structures. Mayor George confirmed that Council would not act on this today but will be continuing the hearing to the April 13, 2004 meeting. He then went on to discuss the timing light and that, in the future, the three - minute rule will be enforced. • Mayor George continued the Public Hearing to the April 13, 2004 Business Meeting 7. Public Hearing to consider legislation establishing a formal public participation process for the amendment of development regulations Doug Maples, Code Enforcement and Planning Manager, explained the purpose of the hearing. It is the result of the Growth Management Hearing Board requiring the City to adopt policies and procedures assuring public participation early and often. These procedures will include notice, content, timing, and a list of agencies to be notified. This process is for reviewing and approving amendments to the City's regulations that 5 177 MARCH 16, 2004 control land use. The hearing is not to change any development regulations, it only changes how public participation will occur. Mr. Maples displayed a flow chart showing the Comprehensive Plan public participation process and also one on the amendment of development regulations. Assistant City Attorney, Paul McMurray, advised that if it is passed today it will then go to the Growth Management Hearing Board. If they don't approve it, it would come back to Council. It was emphasized again that this is not a project but a process. • Mayor George opened the Public Hearing Wilma Koski, 6403 Terry Avenue, commented on the issue of public notification and the methods used. She said she was not in the habit of reading legal notices and putting the notices there and on the web site may limiting. Discussion ensued about the alternatives and the methods used. She was advised that it is published in the newspaper, parties of record are sent notices, it is released to the media in the media meeting which is also shown on YPAC, as well as posted to the web site. Maud Scott suggested an educational session be held to assist with the difficult and complex process to have an ordinance changed. She also requested a visual, such as an organizational tree, on the vacant structure ordinance. Council Member Bonlender questioned the possibility of having a recorded message the public could call to hear public meeting schedules. • Mayor George closed the Public Hearing The City Clerk read the ordnance by title only. EDLER MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2004 -14, AN ORDINANCE concerning land use regulation and comprehensive planning; amending City of Yakima Municipal Code Chapter 16.10 to provide procedures for amending Development Regulations; amending sections 16.10.010, 16.10.020, and 16.10.100 of City of Yakima Municipal Code Chapter 16.10; and adding new section 16.10.095 to City of Yakima Municipal Code Chapter 16.10 CITY MANAGER'S REPORTS 8. Consideration of report and legislation regarding the South 72 Avenue Annexation fire service delivery: A. Staffing Plan Report to add an engine company and 9 new full -time positions City Manager Zais noted this is a significant action concerning the extension of full time fire protection service into the recently annexed South 72 Avenue area. The City has had a contract with the West Valley Fire District while waiting for property tax revenues as well as the Supreme Court decision on the legitimacy of the annexation. We have recently served notice to terminate that contract and to begin preparations for the transfer of assets. During the preparations, the City faced a question from City's Fire Union with regard to service delivery in this area and an Unfair Labor Practice was filed with the State Employment Commission. The City and the Union have negotiated a settlement that is submitted for Council's approval as Item B. With that approval we 6 178 MARCH 16, 2004 would be able to commence preparations for full time staffing. A staffing plan is being brought forward recommending new personnel, training, equipment, and a plan for extending services into this area. They have also put together the revenue package. He emphasized it is important to move forward and treat the citizens of West Valley the same as every other citizen in Yakima. Dennis Mayo, Fire Chief, said the contract termination is effective April 1 and a reserve engine is in place at the 40 Avenue station to provide service to that area on that date. He advised that the West Valley Fire Department is cordially allowing space in their apparatus bay to park a rig from 8 a.m. to 6 p.m. every day. They are going to start hiring April 1 six people, to take over that area. He said it takes six weeks to train personnel and then they will hire an additional six people June 1 There will be a total of twelve people which is what is necessary for a full complement of personnel to staff a 24 -7 fire station. SIMS MOVED AND EDLER SECONDED TO APPROVE THE STAFFING PLAN REPORT. The motion carried by unanimous voice vote. B. Resolution authorizing execution of Letter of Understanding with Fire IAFF Local 469 The City clerk read the resolution by title only. PLACE MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -43, A RESOLUTION authorizing and directing the City Manager to execute a Letter of Understanding between the City of Yakima and the International Association of Firefighters Local 469 regarding fire protection services in the South 72 Avenue annexation area. C. First reading of ordinance amending the 2004 budget and appropriating funds for the Fire /EMS Department (Read ordinance by title only; pass ordinance after second reading on April 13, 2004) An Ordinance amending the 2004 budget and appropriating funds for the Fire /EMS Department to provide full -time fire protection service to the South 72 Avenue annexation area, was read by title only, and laid on the table until April 13, 2004 for a second reading. *9. Consideration of Resolution approving a grant request from the HOME CHDO funds for OIC Housing Project RESOLUTION NO. R- 2004 -44, A RESOLUTION approving a $75,000 grant request from 2004 federal HOME funds to OIC of Washington to construct five (5) single - family homes located within the target area and authorizing and directing the City Manager and the City Clerk to execute all necessary grant documents, including a grant agreement, between the City of Yakima and OIC of Washington. 10. Consideration of Resolution approving a grant request from the CDBG funds for Workforce Development Council Annual Job Fair Council Member Place said that she thinks using CDBG money for the Workforce Development Council Annual Job Fair is a good idea, but noted that originally we had said we were only going to do it for one year. This is our fifth year. Bill Cobabe, Office 7 ---17 9 MARCH 16, 2004 of Neighborhood Development Services Manager, agreed and said it is a great investment of CDBG dollars. It is extremely effective for a modest investment. It was suggested that the policy be re- examined because funding some things more than once can be a very good thing. Staff will review the policy and bring a recommendation to the Council. Kathy Thomas, Workforce Development Council, responded to the question about Yakima County's involvement. The County has been the fiscal agent and they take on an administrative role with the grant funds coming through them. She reported that the Job Fair is growing every year and this year they have received additional resources from the private sector with ClientLogic donating $2,000. Adaptis, the new company coming to town, will be participating. Last year there were over 3,800 people and 120 businesses involved. The number of job seekers shall far exceed that this year. She pointed out that this event will always need to be a public /private venture. Oscar Cerda, Administrator for Workforce in Sunnyside, reiterated their experiencing tremendous growth noting the jump from 30 employers to 120 in two years. He also noted that it has expanded to a tri- county effort and is a reflection of true partnership. It will be held on April 13 this year. The City Clerk read the resolution by title only. PLACE MOVED SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -45, A RESOLUTION approving a $5,000 grant request from the Workforce Development Council to be made from federal CDBG funds to assist with the costs of renting the Yakima Convention Center and associated costs pertaining to "Job Fair 2004." *11. Consideration of Resolution authorizing execution of sewer main reimbursable agreement with Martin Development LLC for Sierra Estates RESOLUTION NO. R- 2004 -46, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Sewer Utility System Reimbursement Agreement and Conveyance between the City of Yakima and, Martin Development, LLC. 12. Consideration of Resolution authorizing execution of professional services agreement with Yakima Basin Storage Alliance regarding the Black Rock Reservoir project This item was discussed earlier, out of sequence, following the Public Hearing on standards for vacant structures (Item No. 6). Chuck Klarich, Secretary of the Yakima Basin Storage Alliance Board, and Council Member Sims, Chair of the Tri- County Water Resource, brought the Council up to date on the four counties' progress in adopting the River Plan. They are currently waiting on Kittitas County whose meeting is being held tonight. Once their decision is made they hope to hold a joint meeting to review and, hopefully, approve the plan. Mr. Klarich pointed out that the YSBA Board's total goal is to create new water for the Yakima Basin. There was further discussion on the criticality of the plan and how it relates to 8 180 MARCH 16, 2004 the Black Rock project. Council Member Sims suggested deferring this resolution until after we know the results of the Kittitas meeting. SIMS MOVED AND BONLENDER SECONDED TO DEFER THIS RESOLUTION UNTIL APRIL 13, 2004. The motion carried by a 5 -2 voice vote; Bonlender and Edler voting nay. *13. Consideration of Resolution authorizing execution of agreement with Yakima County to allow excavation of two test pits for railroad grade separation project RESOLUTION NO. R- 2004 -47 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with Yakima County to allow the excavation of two (2) test pits necessary to investigate soil suitability for the City of Yakima Railroad Grade Separation Project. *14. Consideration of Resolution authorizing extension of interlocal jail agreement with Yakima County for jail detention services during 2004 RESOLUTION NO. R- 2004 -48, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Corrections /Detention Agreement with Yakima County for the provision of jail detention services during 2004. *15. Consideration of Resolution authorizing execution of lease agreement with the Yakima Air Terminal for a police substation at the airport RESOLUTION NO. R- 2004 -49, A RESOLUTION authorizing and directing the City Manager to execute a Lease between the City of Yakima and Yakima Air Terminal — McAllister Field for Police Department work space. *16. Consideration of Resolution authorizing execution of intergovernmental cooperative purchasing agreement with Link Transit in Wenatchee, WA RESOLUTION NO. R- 2004 -50, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Link Transit, Wenatchee, WA 17. Consideration of Resolution authorizing a sole source purchase of up to seven refuse trucks during the next five years Council Member Edler raised concern about sole sourcing equipment that costs hundreds of thousands of dollars. He commented that suppliers should be challenged to be competitive and if we don't challenge them, we're not being very good financial stewards. Chris Waarvick, Director of Public Works, explained that we had purchased five Peterbilt 320 refuse trucks previously utilizing an Interlocal Purchasing Agreement with the City of Tacoma. That agreement expired at the end of 2003. He advised that these trucks meet the City's requirements and the drivers like them. We now require additional trucks to meet our seven -year plan and we are considering time and experience in determining equipment that we know meets our requirements, our maintenance, and provides a level of standardization. He said that this product was bid, and the only difference between the price this year from last year is the sales tax. Richard Wonner, Fleet and Facilities Manager, discussed the City's requirements and described the equipment. He also talked about comparing equipment at Waste Expo's 9 i R 18 1 MARCH 16, 2004 and other municipalities. He spoke about maintenance and the availability of local service. In response to a question about the bidding process, Mr. Wonner noted that if they were to put out their own specifications it would delay the process at least three months compared to piggy - backing onto someone else's contract. Discussion continued on the efforts Mr. Wonner puts forth on researching available equipment. Mr. Waarvick suggested a revised request; to purchase on a sole source basis for this year and work with other local vendors for the next two trucks. The City Clerk read the resolution by title only. SIMS MOVED AND WHITMAN SECONDED TO APPROVE. BONLENDER MOVED AND McCLURE SECONDED TO AMEND THE RESOLUTION TO ONE REFUSE TRUCK FOR ONE YEAR. The amendment passed 6 -1, Sims voting nay. The amended motion passed by unanimous roll call vote. RESOLUTION NO. R- 2004 -51, A RESOLUTION authorizing sole source procurement between the City of Yakima and Western Peterbilt, Inc. for the purchase of refuse trucks. *18. Consideration of Resolution authorizing execution of consultant agreement with Widener & Associates for environmental services relating to Washington Avenue, Lincoln Avenue and other federally funded projects RESOLUTION NO. R- 2004 -52, A RESOLUTION authorizing and directing the City Manager to execute an environmental services agreement between the City of Yakima and Widener & Associates to provide environmental documentation, updates and reports regarding the Washington Avenue Widening, Lincoln Avenue Sidewalks, and 16 Avenue /Englewood Pedestrian Sidewalk projects. *19. Approval of final contract payments for: A. Kissel Park Drainage Project No. 1800, performed by Central Concrete & Utilities The report from the City Engineer, dated March 16, 2004, with respect to the completion of the work on the Kissel Park Drainage Project No. 1800, performed by Central Concrete & utilities, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. Fire Station No. 4 Exhaust Extraction System Work Order No. 02- 11910, performed by Total Energy Management The report from the City Engineer, dated March 16, 2004, with respect to the completion of the work on the Fire Station No. 4 Exhaust Extraction System Work Order No. 02- 11910, performed by Total Energy Management, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *20. Approval of the Third and Fourth Quarters 2003 Treasury Report The 3rd and 4 Quarters 2003 Treasurer's Report was accepted. *21. Approval of the 2003 Year -end Vehicle Incident/Collision Report The 2003 Year -end Vehicle Incident/Collision Report was accepted. 10 182 MARCH 16, 2004 22. Set date of Public Hearing for April 20, 2004 at 2:00 p.m. to consider amendments to the City's 2004 Community Development Block Grant to assist Adaptis, a medical claims business processing service, to locate and create jobs in the City's Community Renewal Area This item was handled earlier, out of sequence, following Item No. 4, Consent Agenda. Dave McFadden, President of Yakima County Development Association, explained that he is in favor of Adaptis coming to Yakima as they will be creating over 200 jobs during a five to seven year period. He described the process they went through and introduced Carlos Olivares; Chairman of the Adaptis Board. Mr. Olivares advised that there were many cities competing for this business and the leadership of the City Council and the City Manager of Yakima were what made the difference. EDLER MOVED AND BONLENDER SECONDED TO CONSIDER THE AMENDMENT AND OPEN THE 30 -DAY COMMENT PERIOD. The motion carried by unanimous roll call vote. April 20, 2004, at 2:00 p.m., was set as the date and time for a public hearing to consider amendments to the City's 2004 Community Development Block Grant, to assist Adaptis, a medical claims business processing service, to locate and create jobs in the City's Community Renewal Area. ORDINANCES 23. Consideration of Ordinance amending the Yakima Municipal Code relating to: 1) abatement of litter problems resulting from overflowing residential refuse bins; 2) illegal dumping; and 3) housekeeping items: a) amends definition of ashes; b) removes requirement that garbage be wrapped in paper; c) provides for automated collection bins; and d) increases interest on overdue accounts to 12% This item was deferred to the April 13, 2004 meeting. *24. Consideration of Ordinance amending the Yakima Municipal Code relating to: 1) prohibiting dangerous weapons on school facilities; 2) bail jumping and reckless burning ordinance to conform to State statute; and 3) defining music or party noise clearly audible 50 feet from sources' property line as public disturbance noise ORDINANCE NO. 2004 -15, AN ORDINANCE relating to Public Safety and Morals; adopting a prohibition on dangerous weapons on school facilities, amending bail jumping and reckless burning ordinances to conform to state statute, defining music or party noise clearly audible fifty feet from the source's property line as public disturbance noise; enacting as a new Section, Section 6.28.125, and amending Sections 6.04.050, 6.04.080 and 6.04.180(D)(4) all of the City of Yakima Municipal Code. 11 1 8 3 MARCH 16, 2004 *25. Second Reading of Ordinance amending the 2004 budget and appropriating funds for 2003 year -end encumbrances An Ordinance amending the 2004 budget and appropriating funds for 2003 year -end encumbrances, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2004 -16, AN ORDINANCE amending the 2004 budget for the City of Yakima; and making appropriations for 2003 Year -End Encumbrances from Unappropriated Fund Balances within various funds for expenditure during 2004. 26. Other Business A. Report from Council Meeting Review Committee on meeting times and format This item deferred to April 13, 2004. • Study Session Topic PLACE MOVED AND BONLENDER SECONDED TO HOLD A STUDY SESSION ON RECYCLING CURBSIDE PROGRAM AS REQUESTED BY YAKIMA WASTE SYSTEMS. The motion carried by unanimous voice vote. • Patriot Act • BONLENDER MOVED AND McCLURE SECONDED TO PUT THE PATRIOT ACT RESOLUTION ON THE AGENDA AT THE NEXT MEETING. The motion failed by a 4 -3 vote, George, Place, Sims and Whitman voting nay. • Commission Appointment PLACE MOVED AND EDLER SECONDED TO APPOINT ROCKEY MARSHALL TO THE REGIONAL PLANNING COMMISSION. The motion carried by unanimous voice vote. • Information Items Items of information provided to Council were: 3/11/04 Notice of press release from New Vision re: new business locating in Yakima; 3/9/04 Notice of a black and racial concerns forum scheduled for March 12, 2004; Invitation to March 22, 2004 Smoke Free Yakima Meeting; 3/9/04 Memo from Dave Brown re: US Bureau of Reclamation Yakima Project Total Water Supply Available; Notice of cancellation of March 17, 2004 Community Review Board meeting; Agenda for the March 17, 2004 YVCOG General Membership Meeting and minutes of its January 21, 2004 meeting; Agenda for the March 15, 2004 YVCOG Executive Committee Meeting and minutes of its February 18, 2004 meeting; Report on Damage Claims Filed During the Month of February 2004; Greater Yakima Chamber of Commerce March Events!; Planning Assignments Pending as of the Week of March 16, 2004; Hanford Update, Spring 2004; and In Focus, Spring 2004 12 18 4 MARCH 16, 2004 27. Executive Session regarding pending and prospective litigation and collective bargaining (allow approximately one hour) PLACED MOVED AND McCLURE SECONDED TO MOVE INTO EXECUTIVE SESSION WITH ADJOURNMENT THEREAFTER TO MARCH 23, 2004 AT 1:00 P.M. FOR A SPECIAL EXECUTIVE SESSION, THEN TO APRIL 13, 2004 AT 7 :30 A.M. FOR A STUDY SESSION ON TRANSPORTATION ELEMENT /BIKE- PEDESTRIAN COMMITTEE RECOMMENDATIONS ON STREET STANDARDS. The motion carried by unanimous voice vote. 28. Adjournment Following the Executive Session the meeting adjourned . 6:55 p.m. M READ AND CERTIFIED ACCURATE BY e7(�( t COUNC �� EMBER DATE A ..*.„, Ar - -oe 'OUN — IL MEMBE DATE ATTEST: r5iita-1,, ,.ef /20,-6-t. It ,r _/ . �i_ CITY CLERK Imiir PAUL GEORGE,' AYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 1 • 13