HomeMy WebLinkAbout04/13/2004 Business Meeting 191
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
APRIL 13, 2004 — 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
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 City Clerk Roberts
2. Invocation /Pledge of Allegiance
Council Member McClure gave an invocation, followed by the Pledge of Allegiance led
by Council Member Bonlender.
3. Open Discussion for the Good of The Order /Special Presentation
A. Proclamations
• Support Beef Trade with Canada
Mayor George read a proclamation for all governments to continue efforts to
maintain open markets for live cattle and processed beef, and that Canada, the
United States, and Mexico continue to develop coordinated positions on all food
safety related issues and develop a united position insisting that our beef be
accepted by our traditional trading partners with restrictions based on science
rather than political trade restrictions.
• Parliamentary Law Week
Council Member Bonlender read a proclamation declaring the week April 17 -24,
2004 as Parliamentary Law Week. Former Council Member and
Parliamentarian, John Klingele, accepted the proclamation on behalf of the
Washington State and National Associations of Parliamentarians.
• Workforce Development Job Fair
Council Member Edler read a proclamation declaring April 13, 2004 as Job Fair
2004 Day. Oscar Cerda was present to accept the proclamation. Bill Cobabe,
Office of Neighborhood Development Services Manager, noted there are 550
jobs available at the job fair today and if they are filled today, they could provide
a 500% return on our investment for just the month of May.
B. Special Presentation to George and Yvonne Wilbur re: Tahoma Cemetery's
placement on the Historic Preservation List
Leslie Benoit and other Tahoma Cemetery Task Force members presented a
plaque to the City Council in recognition of the Tahoma Cemetery being listed on
the Washington Heritage Register of Historic Places. George and Yvonne
Wilbur were also recognized with a plaque for their research and documentation
of the historical information necessary to complete the application. Tahoma
Cemetery staff members Maria Mayhue and Brandy Bradford were recognized
for their assistance.
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C. Status report on prior meeting's citizen service request
• Response to Doug Lemon's complaint made at the March 16, 2004 meeting
Police Lt. Greg Copeland summarized his investigation into the allegation Doug
Lemon made at the March 16 Council meeting. His investigation concluded
that there was no substantiation to the claim.
Doug Mayo, Wastewater Manager, addressed the complaint made by Mr. Lemon
about the sewer situation. He recapped the work done in the last calendar year
and the first quarter of this year by the collection crews that clean the lines. He
also submitted a memo from the head of the Collections Division responding to
the issue at Mr. Lemon's address. The line outside Mr. Lemon's address is
cleaned at least twice a year and has already been done once this year. Since
2001 the collection crews have been there eight times; six were call outs for
backups that were in their line. The other two were for routine cleaning. The
public line that goes away from Mr. Lemon's side line is a flat line and needs
more attention than lines that have a slope to them. Mr. Mayo then explained the
work done by the crews during 2003. In response to the picture submitted by
Mr. Lemon, Mr. Mayo submitted a picture taken last week when it was freshly
cleaned and explained that because of its location, not lack of attention, it
doesn't look much different than the picture submitted Mr. Lemon.
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. 19 was removed from the Agenda. Items Nos. 20B,
20D, and 21 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 September 16, 2003 Special Meeting,
January 20, 2004 Adjourned Meeting, February 3, 2004 Special Meeting,
March 2 and 16, 2004 Business Meetings, and March 30, 2004 Special
Meeting
The minutes of the September 16, 2003 Special Meeting, January 20, 2004
Adjourned Meeting, February 3, 2004 Special Meeting, March 2 and 16, 2004
Adjourned and Business meetings, and March 30, 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.
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5. Audience Participation .
Bob West, 641 East Pine Hollow, addressed the Council regarding illegal signs,
claiming there are many sandwich -board signs on sidewalks. He said these create
tripping hazards that are a liability for the businesses and the City. He then
commented about the signs attached to power poles, streetlight poles, and traffic
control sign poles saying they are ugly and a traffic hazard as they block sight lines
and distract attention. He claimed these signs are prohibited by City Code 145.08.050
but it is not being enforced. He has spoken with the City Code Enforcement people
and has received no satisfaction. He suggests this problem become a higher priority
for the Code Enforcement Department, and gave a number of creative ideas for
handling the issue.
Gene Rupel, 7200 Midvale Road, inquired about the outcome of the Patriot Act issue.
Mayor George advised that the Council voted to not put the item on the agenda and
therefore, did not consider it.
Doug Lemon, complained about a fine received for not boarding up a piece of
property. He showed pictures of what the property looked like when they took it over
and said the mobile home was jacked up and ready to be removed when the City
came in, boarded it up, and fined them $1,700. He also noted he had made
complaints about other properties at a previous Council meeting and Doug Maples,
Planning and Code Enforcement Manager, said he wasn't going to do anything about
them. He accused Mr. Maples of harassment. He also complained that Eisenhower
High School has no on -site drainage and floods his property. He demanded the City
take action against the high school.
Doug Maples advised that these items previously went before the Community Review
Board. When the CRB started this case, someone other than Mr. Lemon's daughter
owned the property. She purchased the property during the middle of the case. At
the CRB there was testimony given on the property and the CRB gave them 30 days
to comply. The property owners said they would take care of the issue. After the 30-
day period, the building was again found to be open and that is when the decision was
made to board it up.
Don Lemon, 215 South 24 Avenue, said his wife went to Mr. Maples' office in
support of her granddaughter to complain about this treatment and the $400 bill for
boarding up the property. He then said that she claimed that Mr. Maples said, "You're
lucky we didn't assess an administration fine ". She left and now they have this large
administrative fine. He then accused Mr. Maples of being vindictive.
• Council Member Sims asked how this issue can be resolved. City Manager Zais
advised that Mr. Lemon's testimony and complaint deserves an inquiry and that will be
done and will be reported back to the Council.
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Betty Gaudette, 701 North 6 Street, requested information on the irrigation bonds
and when work can be expected to begin. Council Member Sims advised that a
written report and timetable prepared by Water and Irrigation will be supplied to her.
She was also advised there would be informational meetings held for the public on the
irrigation project. She also asked for information on the Planning Committee for the
CBDG funds. She was given an update on what the committee has been doing to
date and their plans for public input.
PUBLIC HEARING
6. Public Hearing to consider legislation establishing a Tourism Promotion Area:
A. Ordinance establishing a Tourism Promotion Area (TPA)
Kathy Coffey, 10 North 8 Street, Executive Director of the Yakima Convention
Center, introduced the issue. She noted that 68.04% of the local hotels signed the
petition in favor of the ordinance. Ms. Coffey said the boundaries include the cities
of Yakima, Union Gap, Selah and the unincorporated areas of the County. Union
Gap passed the legislation contingent on Yakima's decision, as did the County
Commissioners. She described the purpose and inclusive business plan. They are
looking at establishing a Hotel /Motel Commission. Discussion ensued on the
commission and the representation of all affected areas when creating a business
plan.
• Mayor George opened the public hearing
Ms. Coffey introduced John Fisher from LeMaster & Daniels, 610 North 39
Avenue, who were hired to conduct the balloting and handle the certification.
Mr. Fisher described the process in detail.
Mike Broadhead, 5703 Bitteroot Lane, clarified this voluntary assessment is to
promote tourism, but goes beyond just tourism and into the Valley's image. He
encouraged Council to support the ordinance. Wanda Riel, General Manager of
Clarion Hotel and Conference Center, said she and her company support the
ordinance. She also referenced a letter from the Yakima Valley Lodging Association
that lists the operators and their support. Gary Lukehart, spoke in support on
behalf of the Fairfield Inn. Vera McPherson, on behalf of the Oxford Inn and the
Baney Corporation, spoke in support of the ordinance. Eve Semon, General
Manager of the Oxford Suites, agreed with the previous speakers' supporting
statements. Allison Moore, Director of Sales for the Oxford Inn and Suites, gave
her support. John Baule, 3513 Highview, has no vested interest but as the Director
of the Yakima Valley Museum, gave his support to this proposed legislation. Jay
Wildgen, General Manager of both Red Lion Hotels, clarified some earlier questions
regarding activities and selection of the Commission. Rita Santillanes, 7616 W.
Harris Drive, Cheney, Washington, said she had recently been appointed
commissioner for the Spokane TPA and gave her insight and support.
• Mayor George closed the public hearing
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The City Clerk read the ordinance by title only; PLACE MOVED AND SIMS
SECONDED TO PASS THE ORDINANCE. Mayor George commended the industry
members for doing this but asked for verification that the petition is valid. Assistant
City Attorney, Helen Harvey, acknowledged that the Hotel Industry made a good
faith effort to comply with the statutory requirements. The motion carried by a
unanimous roll call vote.
ORDINANCE NO. 2004 -17, AN ORDINANCE relating to the establishment of a
Tourism Promotion Area pursuant to RCW Chapter 35.101, imposing a charge on
the furnishing of lodging by a lodging business located in the tourism promotion
area, providing for the collection of the charge, providing for the administration of the
charge, and other matters related thereto.
B. Resolution authorizing execution of Interlocal Cooperation Agreement
with Yakima County, City of Selah and the City of Union Gap
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 -54, A RESOLUTION authorizing the Mayor of the City of
Yakima to enter into an Interlocal Cooperation Act Agreement with the City of Selah,
the City of Union Gap, and Yakima County to establish a Tourism Promotion Area,
pursuant to RCW Chapters 35.101 and 39.34.
CITY MANAGER'S REPORTS
7. Consideration of staff report on recent Pit Bull dog attack
Doug Maples, Code Administration and Planning Manager, with regard to the
incident that occurred on April 2, 2004 at 907 North Naches Avenue, said that City
staff looked into allegations made in the newspaper as to whether we had ever
responded to this particular site. Two calls had been placed regarding this
residence; one on 12/04/03 where two adult female terriers and two puppies were
running loose. They were placed in the yard and secured. The second incident was
the actual attack on April 2, 2004. There has not been substantiation to the
allegations. The Police Department reviewed the statistics on their 911 call taking
and there have been 12 different vicious dog reports since January 1, 2003 and 11
dog bite calls; three of them within a two -block area of this residence. Animal
Control records indicate that from January 2003 to present there have been 27 dog
bite reports and 20 vicious dog reports. He noted that when the call came to Animal
Control regarding this attack, the officers were at the site within 5 minutes. Staff has
met with the Legal Department and the Police Department to discuss elements of
the present ordinance that make it difficult for the Animal Control officers to respond.
Within the definition itself, it indicates that a pit bull is not a pit bull until it is six
months old. Two of the three attacking dogs were five months old. Another point is
the requirement to notify pit bull owners and give thirty days notice that they need to
remove their dogs from the City. The Animal Control Officers are unable to cite the
individuals because it is a criminal violation and not a civil violation. Therefore
Police Officers have to do the citing under the present ordinance.
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Council Member Place asked what it would take to allow the Animal Control Officers
to give citations. Cynthia Martinez, Assistant City Attorney, clarified that ACO's can
receive a limited commission allowing them to issue criminal citations in matters
involving violations of the animal code. Discussion continued about the existing pit
bull ordinance and enforcement and the 30 -day written notice requirement advising
the owner it must be removed from the City. Mayor George asked about the
allegations from the media that people call the Animal Control hot line and get no
response. Mr. Maples in the month of March 2003 the animal control hot line
received 1,068 calls. There are only two animal control officers, therefore, it is
impossible for them to respond to all calls and they must prioritize them. The
hearing process was then discussed and it was suggested that the current ordinance
be reviewed. Council Member Sims asked to have the Public Safety. Committee look
at staff recommendations and then have it brought back to Council. Council
Member McClure shared a phone call he had received regarding another pit bull
mauling that hadn't been reported leading him to believe the statistics are
understated.
8. Consideration of Resolution authorizing execution of professional services
agreement with Yakima Basin Storage Alliance regarding the Black Rock
Reservoir project
Dave Brown, Water & Irrigation Manager, reported on Kittitas County's decision to
send the Tri- County Water Shed Plan back to the four counties with the
recommendation for it go back to the planning unit for revision. They have been
unable to find out what those recommended revisions are.
Chuck Klarich, a member of the Yakima Basin Storage Alliance Board, clarified that
the Kittitas County Commissioners followed state law which said they would review
the watershed plan in their county and send it back to a joint meeting of all the
counties involved for a public hearing to consider whether it needed changes or
could be adopted. Kittitas County is recommending some changes. Mr. Klarich
submitted a Bureau of Reclamation update on water availability from the Columbia
River that indicates there is sufficient water to fill Black Rock at its maximum size.
He also had a copy of the economic study done by Benton County showing there
would be millions of dollars of revenue generated for the City of Yakima and Yakima
County based on the development of the reservoir and the guarantee of water for
agriculture, fish, and recreation. He noted that some members of the YBSA Board
attended the Northwest Power and Conservation Council in Portland and received a
positive response to the report given on the project. He urged Council to support the
agreement.
Phil Pleasant, 1202 Fair Avenue, doesn't support the plan because the City is
already short of money and has irrigation problems that could use the funds
requested for this project. He suggested the City would still benefit from the project
even if they didn't put money into it.
After a short recess to change the video tape, the meeting reconvened at 4:10 p.m.
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The City Clerk read the resolution by title only; McCLURE MOVED AND EDLER
SECONDED TO ADOPT THE AGREEMENT TO START MAY 2004 AND NOT TO
EXCEED $40,000. Council Member McClure commented on the financial needs of
the City yet the need to invest in the future of Yakima. Dave Brown clarified that the
money was budgeted in the Water operating fund so it is part of the rate structure
for drinking water. Mayor George commented that he was glad to hear that the Tri-
County Water Resource Agency has endorsed the Black Rock project but was
• disappointed in the Kittitas Commission. He feels that since we will be one of the
major beneficiaries we should vote to support water storage in the Yakima basin.
Council Member Edler commended those that worked so hard and said he is .
impressed with their vision and feels we should lead in the project for the benefit of
the economic impact. The question was called for a vote on the motion. The
motion carried by a 6 -1 roll call vote, Place voting nay.
RESOLUTION NO. R- 2004 -55, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute an "Agreement between the City of Yakima and
Yakima Basin Storage Alliance" concerning services to advance the Black Rock
Reservoir Project.
*9. Consideration of a Resolution authorizing execution of a Quit Claim Deed
releasing an unused water and sewer pipe easement to the Yakima Valley
Community College
RESOLUTION NO. R- 2004 -56, A RESOLUTION authorizing the City Manager and
the City Clerk of Yakima to execute a Quit Claim Deed releasing an unused water
and sewer pipe easement.
*10. Consideration of legislation for Capitol Theatre Improvement Project:
A. Resolution authorizing execution of contract with State CTED
RESOLUTION NO. R- 2004 -57, A RESOLUTION authorizing and directing the City
Manager to execute a contract and all related documents between the City of
Yakima and the Washington State Department of Community, Trade, and Economic
Development regarding the receipt of state funds for improvements to the Capitol
Theatre.
B. Resolution authorizing execution of professional services contract for
architectural services
RESOLUTION NO. R- 2004 -58, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an architectural services agreement with
KDF Architecture, Inc. to provide architectural services for improvements to the
Capitol Theatre.
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*11. Consideration of Resolution authorizing the execution of a Sewer Main
Reimbursable Agreement with Dean Thompson
RESOLUTION NO. R- 2004 -59, 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 Dean Thompson.
*12. Consideration of Resolution authorizing execution of professional services
agreement with Marta Bohn for Spanish language workshop for Police
Department -
RESOLUTION NO. R- 2004 -60, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a professional services agreement
between the City of Yakima and Marta E. Bohn for the provision of Spanish
language instruction services.
*13. Consideration of Resolution authorizing the sale of surplus property (vehicle)
to Weber's Towing
RESOLUTION NO. R- 2004 -61, A RESOLUTION authorizing the sale of surplus
property consisting of a vehicle to Weber's Towing.
*14. Consideration of Resolution authorizing execution of agreement with the
Allied Arts Council of Yakima Valley for a Summer Arts Activities Youth
Program
RESOLUTION NO. R- 2004 -62, A RESOLUTION authorizing the City Manager and
the City Clerk of the City of Yakima to execute an agreement between the City of
Yakima and the Allied Arts Council of Yakima Valley, to provide a visual and
performing arts program for youth.
*15. Consideration of Resolution authorizing execution of Memorandum of
Understanding with the Yakima Public Safety Managers Guild
RESOLUTION NO. R- 2004 -63, A RESOLUTION authorizing and directing the City
Manger to execute a Memorandum of Understanding between the City of Yakima
and the Yakima Public Safety Managers Guild regarding wages, hours, and working
conditions through the end of 2005.
*16. Consideration of Initiation of TWM Rentals Annexation in the vicinity of S. 80
Avenue and Nob Hill Blvd. (Adopt Standard Motions A & B)
April 13, 2004 was set as the time of a meeting with the initiating parties who
signed a Notice of Intent to Commence Annexation Proceedings, the initiating
parties being Mr. and Mrs. Stanley Smith, owners of TWM Rentals, LLC. 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.
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*17. Approval of 2003 Year -End Budget Revenue and Expenditure Report
The 2003 Year -End Budget Revenue and Expenditure Report was approved.
*18. Set date of public hearing for May 18, 2004 to consider adoption of Stormwater
Utility Ordinance
May 18, 2004 was set as the date of public hearing to consider legislation
establishing a Stormwater Utility and fees.
ORDINANCES
19. 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 removed from the agenda.
20. Consideration of legislation amending the Yakima Municipal Code relating to
parks:
*A. Ordinance updating location of the newly constructed senior citizen
center in YMC 13.16.070 regulating intoxicating liquor
ORDINANCE NO. 2004 -18, AN ORDINANCE relating to Park Rules and
Regulations, updating the location of the newly constructed senior citizen center and
amending section 13.16.070 of the City of Yakima Municipal Code.
B. Ordinance relating to rules and regulations adding motorized foot
scooters
Council Member Place commented that she has received a number of calls
regarding motorized foot scooters relating to streets and sidewalks, yet this
ordinance only deals with parks and pathways. Council Member Sims noted that the
use of these scooters does not require a license nor have an age limit and there
have been accidents relating to them. Denise Nichols, Parks and Recreation
Manager, explained the ordinance was written as a result of citizen concern about
noise and safety in parks and on pathways. Chris Waarvick, Director of Public
Works, said it is his understanding that the Police Department is working with the
Legal Department on this issue for streets and sidewalks. The City Clerk read the
ordinance by title only; EDLER MOVED AND PLACE SECONDED TO PASS THE
ORDINANCE. The motion carried by unanimous roll call vote.
ORDINANCE NO. 2004-19, AN ORDINANCE relating to Park Rules and
Regulations, adding motorized foot scooters to the list of regulated vehicles, and
amending section 13.16.090 of the City of Yakima Municipal Code.
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*C. Ordinance relating to traffic and regulating parking after hours in city
parks
ORDINANCE NO. 2004 -20, AN ORDINANCE relating to Traffic, regulating parking
after hours in city parks, providing for parking permits, and enforcement of parking
regulations in city parks parking Tots and adding section 9.50.238 of the City of
Yakima.
D. Ordinance expanding authorization to advertise within city parks
Council Member McClure pointed out that the previous ordinance was very specific
about where and what size of advertising but the proposed ordinance is not. Denise
Nichols, Parks and Recreation Manager, verified that the Parks Commission has
studied the issue and are very concerned about limiting advertising in City parks.
Former Councils have suggested the possibility of expanding advertising as an
opportunity to raise revenue, however the Parks Commission feels strongly against
it. Ballparks are considered appropriate for advertising, though, and the prior
ordinance allowed for advertising at Dunbar Field. Parks is now looking at
advertising at Elks and the new Kiwanis Park complex and assured Council that
there will be very strict guidelines on that practice. Initially they are looking at
ballparks alone. The City Clerk read the ordinance by title only; EDLER MOVED
AND PLACE SECONDED TO PASS THE ORDINANCE. MCCLURE MOVED AND
PLACE SECONDED TO AMEND THE ORDINANCE TO READ "...WITHIN ANY
CITY OF YAKIMA BALLPARK ". Mrs. Nichols asked for clarification on whether
they were referring to softball fields and not the soccer fields. Council said yes. The
question was called for a vote on the amendment. The motion carried by
unanimous voice vote. The question was called for a vote on the amended
ordinance. The motion carried by unanimous roll call vote.
ORDINANCE NO. 2004 -21, AN ORDINANCE relating to Park Rules and
Regulations, expanding the existing authorization to advertise within city ballparks,
and amending section 13.16.065 of the City of Yakima Municipal Code.
21. Consideration of Ordinance creating a Southeast Community Center Advisory
Committee
Council Member Place explained that the Parks Department is creating a Southeast
Community Center Advisory Committee and if people are interested in serving they
can pick up an application at the City Clerk's Office. Denise Nichols, Parks and
Recreation Manager, clarified that this board is set up at Council's direction to be
strictly an advisory to the City Council. It will have seven members serving four year
terms and will deal with issues such as capital improvements and recommendations
for programs and services. They will not oversee the management of the facility.
The City Clerk read the ordinance by title only; PLACE MOVED AND McCLURE
SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll
call vote.
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ORDINANCE NO. 2004-22, AN ORDINANCE 'establishing a Southeast Community
Center Advisory Committee to serve in an advisory capacity to the City Council, City
staff, and the operator(s) of the Southeast Community Center concerning - programs,
services, and capital improvements of the Southeast Community Center; adding a
new chapter, Chapter 1.39 entitled "Southeast Community Center Advisory
Committee "; and adding new sections 1.39.010, 1.39.020, 1.39.030, 1.39.040,
1.39.050 and 1.39.060 to the City of Yakima Municipal Code.
*22. Second reading of Ordinance amending the 2004 budget and appropriating
funds for the Fire /EMS Department to serve the 72 Avenue Annexation
Area
An Ordinance amending the 2004 budget and appropriating funds for the
Fire /EMS Department to serve the 72 Annexation Area, previously having
been read by title only, was brought before the Council for a second reading.
ORDINANCE NO. 2004 -24, AN ORDINANCE amending the 2004 budget for the
City of Yakima; and making appropriations within the General and Emergency
Medical Services (EMS) Funds for expenditure during 2004 to provide full -time Fire
protection services to the South 72 Avenue annexation area.
PUBLIC HEARING
23. Public Hearing to consider legislation establishing minimum standards for
regulating vacant structures
Doug Maples, Code Enforcement and Planning Manager, noted this is the fourth
public discussion on this matter and is a continuation of the March 16 Public
Hearing. The proposed ordinance has not been changed since the March 16
meeting and still requires that annual inspections be done by a professional.
• Mayor George opened the public hearing
Jerry Maggard, 103 South 3 Street, expressed concern if the power, gas,
appliances, etc. must be removed. He doesn't think the ordinance goes far enough
and mentioned other issues that need attention such as abandoned cars, trash and
garbage issues. He then spoke about having a major concern with effort and cost
associated with any required condemnation proceedings.
Jerry Henderson, 309 North 35 Avenue, is very much in favor of this ordinance
and relayed the story of downtown Tacoma. The longer the problems exist, the
greater the chance that we won't be able to turn around the downtown area. We
need an ordinance with some teeth that when a building is not being taken care of
there is some leverage.
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Clarence Barnett, 916 South 17 Avenue, said he is not against the ordinance but
made a couple points. He requested an explanation as to why heating equipment in
vacant buildings need to be removed if the source of the energy has been cut off.
Also, with regard to entering private property, he agrees with "shall not enter without
a warrant "but didn't like the proviso that says "...or other sufficient grounds under
the circumstances that existed'. He feels that is wide open and negates the whole
warrant issue as you can always come up with a reason.
Daniel Miller, 1419 McKinley Avenue, hopes the Council does something on this
issue as they are experiencing the problem in their neighborhood.
Arnold McBean, 2011 Jerome Avenue, described an experience he had with the
City some years ago with regard to moving a house onto his property and having to
leave it vacant while waiting for water to be available on Jerome Avenue. He
thought maybe some of the reasons for the boarded up houses are due problems
with the City like he experienced. He liked the idea in the ordinance of painting the
boards to match the house and having the houses boarded up relieves the safety
problem but he thinks there are worse problems needing attention like trash and
abandoned cars.
Betty Gaudette, 701 North 6 Street, claimed that the boarded up houses in her
neighborhood are an improvement over some of the residences. She would like to
see more attention to the problems with garbage and junk cars.
Phyllis Musgrove, 424 North 30 Avenue, submitted a list of questions in writing.
She supports most of the things in the ordinance but feels it could stop with the
boarded up windows being painted. She doesn't think the City has any business
going into people's property and making demands. The issues of people entering
illegally, and leaking roofs causing deterioration are private property issues. She
recommended only dealing with what can be seen from the outside.
Mark Mathews, 3110 Castlevale Road, previously talked to Council about possible
monies available for investors to go out and rehabilitate these buildings. He would
like to see them become a tax base and hire people for good wages to rehab them.
But he has experienced frustration in pursuing funds. After further discussion, he
was directed to talk with Community and Economic Development about CDBG funds
while they are working on their five -year plan, and to look into tax incentives that he
may qualify for.
Bill Cook, Director of Community and Economic Development, advised that multi-
family rental housing is eligible for CDBG money but the City Council made a
conscious decision in about 1996 that they wanted housing dollars to go into home
ownership or, in the case of CHDOs, for non - profits that were helping the homeless.
It was suggested that it might be time to review that decision.
Robert Owen, 614 North 3rd Street, suggested if the inspectors were going to be out
looking for vacant building violations they should look for other code violations at the
same time.
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Bob Mason, 612 North 2nd Street, submitted pictures of boarded up buildings in his
neighborhood and feels something should be done about buildings that have been
boarded up for twenty years.
• Mayor George closed the public hearing
Ken Harper, legal counsel for the City, responded to Mr. Barnett's comments. The
proviso that Mr. Barnett pointed out is a catch -all provision that says "...or other
sufficient grounds under the circumstances ..." It was written because the warrant
requirements are constantly changing and it is possible the Supreme Courts may
change the showing necessary to get a warrant. This doesn't relieve the City of
getting a warrant, it simply means that if something changes in the case law
regarding warrants, and we can satisfy a Superior Court judge that we've met those
requirements, then we can get the warrant. ,With regard to the comments about why
should we require folks to disconnect utilities, heating facilities, etc., that is not the
way the ordinance reads. The ordinance reads that either those facilities have to be
maintained in accordance with applicable codes or they have to be disconnected. If
they are maintained in a satisfactory manner, there is no obligation to remove them.
Council Member McClure suggested a wording change in 11.48.040 regarding
maintenance and inspection standards. The inspection requirement was further
discussed. The City Clerk read the ordinance by title only; BONLENDER MOVED
AND SIMS SECONDED TO PASS THE ORDINANCE. Council Member Bonlender
commented that this is a small step that will make us proactive and the Council
should review it in a year to see how it is working. McCLURE MOVED AND SIMS
SECONDED TO AMEND THE MOTION TO CHANGE THE ORDINANCE TO SAY
MAINTENANCE AND INSPECTION STANDARDS. The motion carried by
unanimous voice vote. The question was called for a vote on the amended
motion. The motion carried by unanimous roll call vote.
ORDINANCE NO. 2004 -24, AN ORDINANCE concerning building regulations and
establishing standards and processes for the maintenance and existence of vacant
buildings within the City of Yakima and creating a new chapter of the Yakima
Municipal Code relating to the same.
•
24. Other Business
A. Report from Council Meeting Review Committee on meeting times and
format
The suggestion is to hold study sessions on the second and fourth Tuesdays from
5:30 p.m. to 7:00 p.m. Council Members Place and Sims noted that they have
conflicts on those days. Council Member McClure explained the thoughts behind the
suggested change. After discussion, EDLER MOVED AND McCLURE SECONDED
TO HOLD THE STUDY SESSIONS ON THE SECOND AND FOURTH TUESDAYS
FROM 5:30 P.M. TO 7:00 P.M. FOR THE MONTHS OF MAY, JUNE AND JULY.
The motion carried by 6 -1 voice vote; Sims voting nay. It was suggested that
absences not be counted as unexcused.
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APRIL 13, 2004
B. Appointments to the Yakima Downtown Association
PLACE MOVED AND BONLENDER SECONDED TO ACCEPT THE
RECOMMENDATIONS OF APPOINTMENTS TO THE YAKIMA DOWNTOWN
ASSOCIATION. The motion carried by unanimous voice vote;
The appointments are: Joe Mann, Terry Powell, Mark Maiocco, and Mike McMurray.
25. Executive Session
Mayor George adjourned the meeting to Executive Session regarding collective
bargaining and a personnel issue for approximately 45 minutes.
26. Adjournment
Following the Executive Session, the meeting adjourned at 6:52 p.m.
READ AND CERTIFIED ACCURATE BY l l o
CO N ME BER DATE
COT' CI MEMB DATE
ATTEST:
C
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
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