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HomeMy WebLinkAbout06/01/2004 Business Meeting 1 242 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. 243 JUNE 1, 2004 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. 2 244 JUNE 1, 2004 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 3 2.4 5 JUNE 1, 2004 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 4 246 JUNE 1, 2004 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. 5 24`7 JUNE1,2004 • *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 6 248 JUNE 1, 2004 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 7