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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. 192 APRIL 13, 2004 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. 2 1 3 APRIL 13, 2004 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. 3 194 APRIL 13, 2004 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 4 195_ APRIL 13, 2004 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. 5 196 APRIL 13, 2004 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. 6 197 APRIL 13, 2004 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. 7 198 APRIL 13, 2004 *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. 8 199 APRIL 13, 2004 *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. 9 2;00 APRIL 13, 2004 *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. 10 20 1 APRIL 13, 2004 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. 11 202 APRIL 13, 2004 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. 12 203 . APRIL 13, 2004 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. 13 204 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 1 14