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CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
JUNE 1, 2004 - 2:00 P.M
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present:
Council: Mayor Paul George, presiding, Council Members Ron Bonlender,
Neil McClure, Mary Place, Bernard Sims, and Susan Whitman
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
Absent: Council Member Dave Edier (excused)
2. Invocation /Pledge of Allegiance
Council Member McClure led the invocation followed by the Pledge of Allegiance led
by Council Member Sims.
3. Open Discussion for the Good of The Order /Special Presentation
A. 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. There were no changes. 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; Edler absent. (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 April 20, and May 4, 2004 Business Meetings
The minutes of the April 20 and May 4, 2004 Business meetings were approved,
having been duly certified accurate by two Council members and no one present
wishing to have said minutes read publicly.
5. Audience Participation
Robert Owen, 614 North 3rd Street, requested evening and Sunday bus service. He
commented that having to pay a transit tax should eliminate the need for bus fares.
Mayor George advised there would be free bus service on Wednesdays and
Saturdays during the summer.
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PUBLIC HEARINGS
6. Public Hearing to consider proposed legislation amending the Yakima
Municipal Code:
Doug Maples, Code Administration and Planning Manager, described the
major changes proposed with regard to Animal Control and the Pit Bull
Ordinance:
❖ Eliminate the waiver for pit bull puppies Tess than six months old
❖ Reduce removal notification from 30 days to 48 hours
❖ Increase redemption fee for impounded dogs
❖ Animal cruelty section updated
• Animal Control Officers commissioned to write citations
❖ Animals in heat must be contained
❖ Housekeeping correction clarifying that administrative support is no longer
received from the City Clerk's office.
Council Member Bonlender commented that a 48 hour notification was
extremely short and suggested it be extended for non - threatening pit bulls.
• Mayor George opened the public hearing
Pearce Christian, 816 North 24 Avenue, complained about barking dogs and
dogs running loose that has gone on for years without resolution from either
Animal Control or the Police Department. He said that Animal Control is
understaffed and suggested management audit some cases to see how long it
is taking to get anything done.
• Mayor George closed the public hearing
Mr. Maples explained the staffing level and the budget constraints. Council
Member Sims suggested putting the complaint form on the web page thereby
allowing the complainant to download it, hopefully speeding up the process.
A. Ordinance updating the animal control provisions, including
increase in fees
The City Clerk read the ordinance by title only; SIMS MOVED AND PLACE
SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous
roll call vote; Edler absent.
ORDINANCE NO. 2004 -31, AN ORDINANCE relating to public safety and
morals; amending Sections 6.20.010, 6.20.020, 6.20.030, 6.20.040, 6.20.090,
6.20.110, 6.20.160, 6.20.170, 6.20.180, 6.22.010 and 6.22.050 of the City of
Yakima Municipal Code to comport the pit bull dog ordinances with the animal
control ordinances, provide additional protection to citizens and animals within
the City of Yakima and to update the fee and penalty schedules to align with
actual costs incurred by the City of Yakima for confiscating and boarding
animals.
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B. Ordinance providing more restrictive control over the unlawful
possession of pit bull dogs
The City Clerk read the ordinance by title only; SIMS MOVED AND McCLURE
SECONDED TO PASS THE ORDINANCE. BONLENDER MOVED TO
AMEND THE ORDINANCE FROM 48 HOURS TO 7 DAYS. The motion died
due to lack of a second. The original motion carried by unanimous roll call
vote; Edler absent.
ORDINANCE NO. 2004-32, AN ORDINANCE relating to public safety and
morals; amending Sections 6.18.010 and 6.18.025 of the City of Yakima
Municipal Code to provide more restrictive control over the unlawful possession
of pit bull dogs within the City limits.
C. Ordinance providing animal control officers a limited commission to
enforce animal control crimes
The City Clerk read the ordinance by title only; SIMS MOVED AND McCLURE
SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous
roll call vote; Edler absent.
ORDINANCE NO. 2004 -33, AN ORDINANCE relating to public safety and
morals; allowing animal control officers a limited commission to enforce animal
control crimes; and adding new section 6.20.200 to Chapter 6.20 of the City of
Yakima Municipal Code.
D. Ordinance removing the support for animal control from the City
Clerk duties
The City Clerk read the ordinance by title only; SIMS MOVED AND PLACE
SECONDED TO PASS THE AMENDED ORDINANCE. The motion carried by
unanimous roll call vote; Edler absent.
ORDINANCE NO. 2004 -34, AN ORDINANCE relating to Administrative
Department, removing support for animal control from City Clerk duties and
amending Section 1.18.015 of the City of Yakima Municipal Code.
7. Public Hearing on proposed ordinance creating South 7 8 and 9th
Avenues Sewer Local Improvement District No. 1056 (See Ordinance)
Kay Adams, City Engineer, introduced the ordinance for an LID to extend the
city sewer down 7th, 8 th & 9th Avenues. Mr. Adams and Patty Huff then
described the notification and LID process. It was explained that the LID pays
for the main line to the property and that the cost from the property line to the
house is at the owner's expense. The petition method requires a 51 % simple
majority. They have received close to 60 %. This LID involves 83 parcels and
reimbursement bonds to be issued FOR approximately $405,000 payable over
ten years. Discussion continued on the petition, neighborhood meetings, and
notification process for this LID. There is new interest from people on 10
Avenue and Engineering will investigate the potential of another LID. It was
also noted that there are periodic checks to insure no one is hooking up to the
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stubbed sewer main illegally. The connection fee for small Tots were roughly
estimated to be near $1,000. The Office of Neighborhood Development
Services will work with qualified citizens to help with the hook up charge.
• Mayor George opened the public hearing
Karen Curry, 1524 South 7 Avenue, recently filed an opposition to this LID.
She doesn't believe people are being informed about the true cost nor that
enough information meetings were held. She claimed she didn't receive an
invitation although she was told it had been sent to her address. In answer to
Council Member Sims' question about what happens when a citizen doesn't
agree with the LID, he was advised that once the LID is accepted by a majority,
all parties will have to pay. They do not have to pay the hookup fee until they
connect to it, though. Mr. Adams explained that there are two chances to opt
out of the LID in total; before they go out to bid, or if we find the costs are
much higher than estimated. At that point we would go back to the group and
again ask for approval. Ms. Curry had comments about the ability to obtain
permits to fix their septic tank but was advised that is the Health Department's
area. She also claimed that the amount of this LID is excessively high.
Lee Curry, 1524 South 7 Avenue, is not against the sewer itself, but is
against the cost. It was his opinion that chlorination of the water system is
what destroys septic tanks and, because of that, he feels the City needs to do
the sewer work in the street and not charge the people.
Oscar Rameriz, 1522 South 8 Avenue, advised that he and Robin Averill
went door to door giving people information on the LID. 59% of the people
approved it, but there was concern about the cost.
• Mayor closed the public hearing
The City Clerk read the ordinance by title only; BONLENDER MOVED AND
McCLURE SECONDED TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote; Edler absent.
ORDINANCE NO. 2004 -35, AN ORDINANCE providing for the improvement of
certain property by constructing an 8 -inch public sewer system; establishing
Local Improvement District No. 1056, providing for the method of payment
thereof, and creating a special fund.
CITY MANAGER'S REPORTS
8. Consideration of rescission of administrative hold on Outside Utility
Agreements and report on future local improvement districts
City Manager Zais said that due to the issuance of the Supreme Court's mandate
upholding their recent decision confirming the petition method of annexation, the
restriction of annexing the urban area is rescinded. We have reinstituted our
policies to go forward with expansion of our utilities in the urban area. While this
court case has been pending there has been pent up demand building in the
formation of LIDs. Kay Adams, City Engineer, listed a number of areas requesting
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annexation and LIDs; e.g. Englewood Terrace and North 84 Avenue. They then
discussed the demand for sewer extension and septic failures. Paul McMurray,
Assistant City Attorney, advised that the resolution the Council adopted 2/17/04
clarifies that we are not going to form an LID unless there is a 75% OUA
participation. PLACE MOVED AND SIMS SECONDED TO ACCEPT THE
REPORT. The motion carried by unanimous roll call vote; Edler absent.
9. Report from North Front Street Association regarding Old North Yakima
Historic District Renovation Project
George Pechtel, from the North Front Street Association, introduced Corday Trick,
owner of Corday's. Mr. Corday described the history of their business and the Front
Street area. Nancy Rayner, another property owner on Front Street thanked
Council and staff and expressed excitement about working together as a team.
Julia Walton, urban designer with Berger Abam, showed the plans for the area and
described the goals for North Front Street. PLACED MOVED AND WHITMAN
SECONDED TO ENDORSE THE FRONT STREET PROJECT AS ONE OF
COUNCIL'S HIGHEST PRIORITIES. The motion carried by unanimous voice vote;
Edler absent.
10. Consideration of Resolution authorizing execution of interlocal agreement
with Yakima County Fire District No. 12 for co- location of its Fire Station No. 1
Council Members Place and McClure each thanked Chief Mayo, Assistant Chief
Schaeffer, Dave Leitch of West Valley Fire and the three Fire Commissioners for
their efforts in coordinating this interlocal agreement. Fire Chief Mayo described the
efforts over the last few years to give the newly annexed West Valley area the best
coverage. Starting tonight there will be a 3- person crew supplying 24 -hour coverage.
They hired seven people this morning to complete the twelve needed to staff that
station. The City Clerk read the resolution by title only; SIMS MOVED AND
PLACED SECONDED TO ADOPT THE RESOLUTION. The motion carried by
unanimous roll call vote; Edler absent.
RESOLUTION NO. R- 2004 -80, A RESOLUTION authorizing and directing the City
Manager to execute an "Interlocal Agreement Between the City of Yakima and
Yakima County Fire Protection District No. 12 For Use and Maintenance of Fire
Station No. 1."
*11. Consideration of Resolution authorizing execution of professional services
agreement with Interlocking Software Corporation for development of
Strategic Information Technology Plan
RESOLUTION NO. R- 2004 -81, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a services agreement and all other
necessary documents with Interlocking Software Corporation to develop a Strategic
Information Technology Plan for the City's Business and Operating Systems.
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•
*12. Approval of 2003 Fire Department Annual Report
The 2003 Yakima Fire Department Annual Report was accepted.
*13. Approval of First Quarter Revenue and Expenditure (Budget) Report
The First Quarter 2004 Revenue and Expenditure (Budget) Report was accepted.
ORDINANCES
*14. First reading of Ordinance amending the 2004 budget and appropriating funds
for the purchase of a replacement Fire investigation vehicle (Read ordinance by
title only; pass ordinance after second reading on June 22, 2004)
An Ordinance amending the 2004 budget and appropriating funds for the purchase of
a replacement Fire investigation vehicle, was read by title only, and laid on the table
until June 22, 2004 for a second reading.
15. Other Business
A. Review of Council Business Meeting schedule
Council Member Place asked to reconsider the business meeting schedule after the
media has brought forth the problems associated with the suggested time change.
Mayor George read a letter from Craig Galbraith of KIMA that said if we start our
meetings at 3:00 p.m. he didn't think KIMA could staff them. Council Member
McClure said he believes that no matter when we have our meetings we are going to
have complications. He personally doesn't have a strong feeling about the time
change but does feel that citizens want to see some change. Although an hour shift
doesn't make a major change, he doesn't think this should go away and have the
meetings continue as is just because "we've always done it this way ". He believes
the Council has to make it work, do a good job, and then citizens won't care what
time we meet if we're making government work. Council Member Place commented
that holding the study sessions and hearings in the evenings gives more people the
opportunity to be involved without having to change the business meeting too.
PLACE MOVED AND SIMS SECONDED TO GO BACK TO A 2:00 P.M. START
TIME FOR THE BUSINESS MEETINGS. Council Member Bonlender opposed the
motion suggesting we should try the new time for the 90 -day trial period. Council
Member Sims and Mayor George emphasize the importance of the media in our
communication with the public. Council Member McClure didn't agree with Mr.
Galbraith's comment that if they cannot film at the meeting they cannot get the story
on the news. It's his opinion that if the story has meaning, it would be 'a better
service to the community to come back the next day for a more in -depth coverage.
Randy Beehler, Community Relations Manager, pointed out that a key component of
our community relations program is to do a better job of communicating to the
general public. As a rule of thumb, less than 1% of a listening audience will ever call
a radio talk show. That statistic can translate to the general public as a very small
percent that will come into the chambers and address the City Council personally.
Therefore, their primary source of information is the media. He also advised that he
had spent a great deal of time talking to the Yakima area media and they all said it
would be very difficult and unlikely to dedicate a reporter at that time of day. As a
result, Council meetings would get minimal coverage and that defeats what we are
trying to accomplish, better communication with the public. It was his opinion that
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the 3:00 p.m. start time creates more problems for the media and doesn't solve the
problem for people who can't attend 2:00 p.m. meetings. Randy alluded to his
years of experience in television news and working with YPAC, and confirmed the
truism that if folks want to participate in the discussion that's taking place they will
find a way to be there. There have been experiments done over the last 25 years
and having meetings later at night does not necessarily insure a wider audience or
that you are providing something the public wants. Council Member Sims stated he
would like to see the Executive Sessions held at 1:30 p.m. or earlier. The question
was called for a vote on the motion. The motion carried by a 4 -2 voice vote;
Bonlender and McClure voting nay, Edler absent.
B. Consideration of voting delegates for AWC Conference
SIMS MOVED AND PLACE SECONDED TO APPOINT McCLURE, PLACE,
AND GEORGE AS THE VOTING MEMBERS AT THE AWC CONFERENCE
WITH BONLENDER BEING THE ALTERNATE. The motion carried by
unanimous voice vote; Edler absent.
• Information Items
Items of information provided to Council were: Meeting Notice - Washington
Transportation Plan Update, June 1, 2003; Agenda for the June 3, 2004 Joint Meeting
with Yakima Downtown Association, Westside Merchants, Front Street Association and
CDBG Public Input Citizen Planning Committee re: Downtown Revitalization; and
Planning Division Assignments Pending as of May 18, 2004
16. Continuation of Audience Participation (if needed)
None
17. Adjournment
SIMS MOVED AND PLACED SECONDED TO ADJOURN TO 7 :00 P.M. AT THE
CONVENTION CENTER FOR THE JOINT STORMWATER UTILITY HEARING.
The motion carried by unanimous voice vote. The meeting adjourned at 4:40 p.m.
READ AND CERTIFIED ACCURATE BY ' ' Air%. /_,.z,. J 7,1
COU C MEMB' / DATE
COUNCI ' _ MBER DATE
ATTEST:
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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