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HomeMy WebLinkAbout08/17/2004 Business Meeting 303 • CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL AUGUST 17, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts 2. Invocation /Pledge of Allegiance Council Member Whitman gave the invocation followed by the Pledge of Allegiance led by Council Member Edler. 3. Open Discussion for the Good of The Order /Special Presentation A. Presentation by Gary Kleinknicht regarding Ice Age Floods Geologic Trail Mr. Kleinknicht gave background information on a study and report recently done by the National Park Service on what was left behind from the ice age. The report offered four alternatives on how the Park Service could deal with interpreting the floods for the public, one of which is getting Congress to sponsor legislation to create an Ice Age Flood Geologic Trail. Mr. Kleinknicht requested the City Council show support of this legislation by making a public statement and sending a letter to Senator Hastings and the other state senators. McCLURE MOVED AND PLACE SECONDED TO PREPARE A LETTER OF SUPPORT OF THE ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL TO BE SENT TO SENATOR HASTINGS AND THE STATE'S CONGRESSIONAL DELEGATION. The motion carried by unanimous voice vote. B. Proclamation • Community Development Block Grant Week (15- minute video presentation) Mayor George read a proclamation declaring August 16 -20, 2004 as Community Development Block Grant Week. Bill Cobabe, Office of Neighborhood Development Manager, noted that August 22 is the 30 anniversary of the signing of the Community Development Block Grant law. Polo shirts with the Police Athletic League logo and a CDBG pin were distributed to Council members. Following a video of the CDBG history, accomplishments, and future plans, Mr. Cobabe introduced Jeff Brownfield. Mr. Brownfield is the Police Athletic League (PAL) administrator and founder and he had with him six "Palitics" kids who run the league in a similar manner as the City Council. PAL is now located in the old senior center which is going to be called the Impact Center. They will be offering a lot of programs for youth and others. C. Status report on prior meeting's citizen service request None 309 AUGUST 17, 2004 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. 8 has been resolved and was removed from the agenda. Item No. 9 was added to, and Item No. 17 was removed from, the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND McCLURE 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 July 27, 2004 Adjourned Meeting The minutes of the July 27, 2004 Adjourned meeting 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 Mike Murphy, 4411 SnowMountain Road, inquired about the status of previous requests he made concerning property at 4701 Summitview and a malfunctioning traffic signal at 40 and Summitview Avenues. He then chastised the Council for not getting the neighborhoods cleaned up thereby impacting real estate prices. Lynne Kittelson, 305 North 9 Street, invited City Council members and the public to visit the Farmers' Market on Sundays between 9 a.m. and 2 p.m. PUBLIC HEARING 6. Public hearing to consider Valleybrook Annexation (See ordinance annexing property) Bruce Benson, Planning Division, introduced the annexation of 13.75 acres noting they had received two petitions that represented 100% of the property valuation of $412,500. Staff recommended passing the annexation ordinance. • Mayor George opened the public hearing No one came forward to speak. • Mayor George closed the public hearing 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. ORDINANCE NO. 2004 -48, AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective September 20, 2004. ( Valleybrook Annexation) 2 • 310 AUGUST 17, 2004 CITY MANAGER'S REPORTS 7. Report from Public Works regarding curbside recycling choices: A. Review of "goal- based" assessment survey of preferred option B. Cost for special mailing to all utility customers During discussion, Council discussed both a written survey and a telephone survey. Council Member Bonlender suggested the Council make an official statement supporting recycling and the County's 35 -40% goal. He also expressed his support of mandatory curbside recycling. Council Member Sims didn't agree and a spirited discussion ensued. Scott Robertson from Yakima Waste Systems advised that, since the removal of the free drop sites, they have received 25 new recycling signups a day in the last two weeks. Dan Beddeson, Michaelsen Packaging and Central Washington Recycling, said they are currently recycling approximately 24,000 tons a year, mostly commercial corrugated boxes. He is not in favor of mandatory recycling as they have been quite successful at the voluntary approach. Discussion continued on the market for recyclable materials. He described their facility and how it is manned; everything is separated so they have minimal handling. They also have bins supporting various charitable organizations. It was suggested that information on available recycle options be supplied to our customers in their utility bill and they be encouraged to recycle. It would be appropriate to then wait six months to see what impact it had. WHITMAN MOVED AND PLACE SECONDED TO ENCOURAGE RECYCLING BY USING THE VOLUNTARY CURBSIDE SERVICE OR THE PRIVATE RECYCLING SERVICES AVAILABLE COUNTY WIDE AND REVIEW THE IMPACT IN SIX MONTHS. Council then discussed how and what would be monitored to determine recycling percentages and increases in landfill usage. Pete Hobbs, Utility Services Manager, advised that because they just began putting inserts about the new voting procedure in the utility bills, this stuffer will not be put in until the October /November billing cycle. The question was called for a vote on the motion. The motion carried by unanimous voice vote. 8. Consideration of Resolution authorizing abatement of clear -view violation at 3316 W. Chestnut Avenue This Issue was resolved and the item was removed from the Agenda. * 9. Consideration of Resolution regarding hazardous vegetation and debris abatement program RESOLUTION NO. R- 2004 -125, A RESOLUTION authorizing the Code Administration and Planning Manager to clear a weedy lot at 1208 E. Spruce Street. 3 3.1`1 AUGUST 17, 2004 10. Consideration of report and legislation regarding Southeast Community Center Operations (SECC): A. Resolution authorizing execution of professional services agreement with OIC of Washington for operation of the SECC Denise Nichols, Parks and Recreation Manager, brought forward formal legislation to enter into a contract with OIC to manage the Southeast Community Center per Council direction at the study session on this subject. A financial discussion ensued. Parks has spent approximately $44,000 out of its budget to "keep the lights on" at the Center. Chris Waarvick, Public Works Director, said a reason for urgency on this decision was that until we have a management agent that has access to grants, there is more risk to the Parks budget. While reviewing the detailed financial information, Bill Cobabe, ONDS Manager, said that $40,000 of CDBG funds this year were identified for capital improvements for the Southeast Community Center. Because of concern about obligating Block Grant Funds for a number of years, City Manager Zais suggested considering a six -month contract now with OIC to take us through the balance of this year. This would enable Council to complete the 2005 Block Grant review and then come back with the longer term agreement. The City Clerk read the resolution by title only and EDLER MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. There was further discussion on the idea of a six- month preliminary contract followed by a break to change the video tape. The meeting reconvened at 4:12 p.m. City Manager Zais clarified that the transfer of ONDS dollars will go into the Parks budget to continue the operation of the Southeast Community Center. If the contract is authorized, OIC would not be paid anything until 2005, subject to availability and review of funds. Assistant City Attorney McMurray agreed to add language to the contract to make it clearer that it does have to go through the CDBG process and does have to be approved on an annual basis during the years of the contract. Council Member Place said they will also need to supply performance standards in order to meet the federal requirements. Bill Cook, Community and Economic Development Director, noted that 1) HUD now requires us to identify the end users for the dollars in the budget Council approves and, 2) the CBDG funds cannot be used just to keep a building open or managed, it's for the services in the building. We will have to have a service delivery plan to justify the CDBG dollars. Earl Lee, 2705 Palatine Avenue, shared his concerns with the way this has been carried out. He claimed that OIC didn't meet the proposal deadline, nothing has been done in line with the RFP, and that it is unfair. SIMS MOVED AND PLACE SECONDED TO AMEND THE AGREEMENT TO STATE THAT THE FUNDING FOR 2005 - 2006 -2007 WOULD HAVE TO GO THROUGH THE APPROPRIATE PROCESS FOR BLOCK GRANT DOLLARS. The motion carried by unanimous voice vote. The question was called for a vote on the RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -126, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Operating Agreement with OIC of Washington for operating and managing the Southeast Yakima Community Center. 4 312 AUGUST 17, 2004 B. First Reading of Ordinance amending the 2004 budget and appropriating funds for operation of SECC for last six months in 2004 (Read ordinance by title only; pass ordinance after second reading on September 7, 2004) An Ordinance amending the 2004 budget and appropriating funds for operation of the Southeast Community Center, was read by title only, and laid on the table until September 7, 2004 for a second reading. *11. Consideration of Resolution authorizing execution of a settlement agreement with WestCoast Hospitality Limited Partnership regarding acquisition of properties at 104 and 106 North 8 Street RESOLUTION NO. R- 2004 -127, A RESOLUTION directing and authorizing the City Manager of the City of Yakima, or his designee, to execute a Settlement Agreement with WestCoast Hospitality Limited Partnership regarding the acquisition of certain properties commonly known as 104 and 106 North 8 Street, Yakima, Washington, the legal descriptions of which are attached hereto and incorporated by reference herein as Exhibit "A" for use by the City of Yakima for the Yakima Convention Center Parking Lot Expansion Project and to take any additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of the Agreement to acquire said properties and to execute any and all other documents relating to the acquisition of said properties. *12. Consideration of Resolution authorizing execution of amendment to agreement with WestCoast Hospitality Limited Partnership for continued catering services at the Yakima Convention Center RESOLUTION NO. R- 2004 -128, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an amendment to the Yakima Convention Center Concession and Catering Contract (City Contract No. 96 -122) with WestCoast Hospitality Limited Partnership to provide for continued concession and catering services at the newly expanded Yakima Convention Center. *13. Consideration of Resolutions authorizing execution of water supply contracts with: A. Naches and Cowiche Canal Company RESOLUTION NO. R- 2004 -129, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a "Long -Term Water Supply Contract" between the City and the Naches and Cowiche Canal Company. B. New Schanno Ditch Company RESOLUTION NO. R- 2004 -130, A RESOLUTION authorizing and directing the City Manager.of the City of Yakima to execute a "Long -Term Water Supply Contract" between the City and the New Schanno Ditch Company. 5 313 AUGUST,17, 2004 C. Old Union Irrigation Company RESOLUTION NO. R- 2004 -131, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a "Long -Term Water Supply Contract" between the City and the Old Union Irrigation Company. D. Yakima Valley Canal Company RESOLUTION NO. R- 2004 -132, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a "Long -Term Water Supply Contract" between the City and the Yakima Valley Canal Company. *14. Consideration of Resolution authorizing execution of professional services contract with HDR for bridge inspection services RESOLUTION NO. R- 2004 -133, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with HDR Engineering, Inc., to perform bridge inspections at Nob Hill Boulevard Overpass (BNSF) and Yakima Valley Transit Bridge over the Naches River. *15. Set date of public hearing for September 7, 2004 to consider the TWM Rentals Annexation of property in vicinity of S. 80 Avenue and West Nob Hill Blvd. September 7, 2004 was set as the date of public hearing to consider the TWM Rentals annexation of property in the vicinity of South 80 Avenue and West Nob Hill Boulevard. ORDINANCES 16. Consideration of Ordinance amending the Municipal Code relating to the selling and storing of graffiti implements Cynthia Martinez, City Legal, presented the proposed graffiti ordinance containing a couple changes from the first ordinance. The first change is making it illegal for businesses to sell graffiti implements to anyone under the age of 18. Another change sets standards for the display of graffiti implements in retail stores. The purpose of that change is to prevent shoplifting of those implements since minors will no longer be able to purchase them. The final part deals with community service utilizing offenders in the graffiti paint out program The City Clerk read the ordinance by title only; McCLURE MOVED AND PLACE SECONDED TO PASS THE ORDINANCE. Councilman Bonlender offered an amendment to delete 2a and 2b under Section 1, Part B ", Display and Storage ". He felt that was demeaning and unenforceable. Police Chief, Sam Granato, countered that, although the business community may feel this is an imposition, everyone should be doing their part to try to bring graffiti under control. There is concern that shoplifting will increase when the sale of paint to minors is restricted. He said they are trying to attack the graffiti problem from many angles. BONLENDER MOVED TO AMEND THE ORDINANCE TO INCLUDE "PROPERTY OWNERS WHO DO NOT REMOVE THE GRAFFITI, OR DO NOT LET THE CITY REMOVE IT, WILL BE SUBJECT TO A FINE OF $50 A DAY IF IT IS NOT REMOVED WITHIN 15 DA YS" There was no second to the motion. Discussion continued on the impact of graffiti removal costs. Rodger Boothman, Yakima Valley Community College bookstore 6 314 • AUGUST 17, 2004 manager, presented the problem of having students under 18 purchasing broad tip markers for their school projects. He complained that there is no statistical data that the ordinance will decrease graffiti and that it is an undue burden for establishments. He was advised that there is a provision for a person engaged in school projects; it is not illegal to have these implements at home and in the classroom. Chief Granato also noted that if graffiti victims want the City to paint it out with matching paint, it would have to be supplied at their expense. In the discussion on a fine for non - removal of graffiti, Doug Maples, Code Enforcement Manager, described how difficult it would be to administer. He said it would be easier to notify property owners indicating a need to paint out the graffiti and then have a fine associated with a lack of response to notices. BONLENDER MOVEDTO AMEND THE ORDINANCE TO ADD A FINE OF $250 IF THE GRAFFITI IS NOT REMOVED OR THE CITY IS NOT ALLOWED TO REMOVE IT. There was no second to the motion. It was suggested this amendment be referred to the Public Safety Committee or the Neighborhood Development Committee. Michael Buchanan, 3608 Carol Avenue, spoke in support of the proposed change to restrict the display of graffiti implements. The question was called for a vote on the original motion. The motion carried by a 6 -1 roll call vote; George voting nay. ORDINANCE NO. 2004 -49, AN ORDINANCE relating to Public Safety and Morals; limiting minors accessibility to certain graffiti implements; establishing standards for retail display and storage of certain graffiti implements; adding a community service requirement to the penalty; and amending section 6.50.030 and section 6.50.050 of the City of Yakima Municipal Code. 17. Consideration of Ordinance amending the Municipal Code regulating the limited use of alcoholic beverages at Kiwanis Park Denise Nichols, Parks and Recreation Manager, advised that this request is to allow for a beer tent at special activities. The City would not operate it but would look to service clubs or a local establishment to do that. This would be handled by banquet permits only. Public Works Director Waarvick commented that this would allow us to pursue another market. They anticipate it being a single -use permit only, not for consecutive league functions. Phil Pleasant, 1202 Fair Avenue, said he is highly against this proposal. The City Clerk read the ordinance by title only; WHITMAN MOVED AND PLACE SECONDED TO PASS THE ORDINANCE. Mrs. Nichols clarified that if there were security costs involved, the user would be responsible for those costs. That is dealt with when the person applies for the permit, there is an agreement they enter into. The question was called for a vote on the motion, the motion carried by a 6 -1 roll call vote; Edler voting nay. ORDINANCE NO. 2004 -50, AN ORDINANCE relating to Park Rules and Regulations, adding the Gateway Sports Complex at the Kiwanis Park as a location where liquor may be served pursuant to a valid permit and amending Section 13.16.070 of the City of Yakima Municipal Code. 7 3.15 AUGUST 17, 2004 *18. Second reading of Ordinance amending the 2004 Budget to implement the 2004 School Zone Safety Flasher and Sidewalk Grant from the Washington Traffic Safety Commission An Ordinance amending the 2004 budget and appropriating funds to implement the 2004 School Zone Safety Flasher and Sidewalk Grant from the Washington Traffic Safety Commission, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2004 -51, AN ORDINANCE amending the 2004 budget for the City of Yakima; and making an appropriation of $232,000 from the Budget Account 142 — Arterial Street Fund to implement the 2004 School Zone Safety Flasher and Sidewalk Grant from the Washington Traffic Safety Commission. 19. Other Business A. Consideration of request for appointment of members to the Yakima Hotel and Motel Commission PLACE MOVED AND EDLER SECONDED TO ESTABLISH A COMMITTEE TO REVIEW THE APPLICATIONS AND MAKE A RECOMMENDATION TO • COUNCIL. The motion carried by unanimous voice vote. Council Members Sims, Whitman, and Mayor George volunteered to be on the committee. • Street name change request A discussion was held on the upcoming public hearing on renaming a street in honor of Dr. Martin Luther King, Jr. Arlington Avenue will still be considered as well as any other suggestions that might come forward at the hearing. McCLURE MOVED AND PLACE SECONDED TO NOT INCLUDE NOB HILL BOULEVARD AS A POSSIBILITY FOR RENAMING IN HONOR OF DR. MARTIN LUTHER KING, JR. AND THAT THE SEPTEMBER 21 PUBLIC MEETING WILL BE FOR OPEN DISCUSSION FOR STREET NAME OPTIONS. The motion carried by unanimous voice vote. • Congdon/Walmart Council Member Edler expressed his frustration with the ongoing Congdon/Walmart/NRD issue and the hope that it gets pushed along. • Information Items: Items of Information provided to Council were: Invitation to La Casa Hogar Yakima • Interfaith Coalition's September Experience; Planning Division Assignments Pending as of August 17, 2004; Preliminary Monthly Report of the Chief of Police for July 2004; Agenda for the August 18, 2004 City Council Transit Committee meeting and minutes of its July 21, 2004 meeting; Article from August 10, 2004 Spokesman Review, "Mayor Announces Budget cuts "; Article from the August 8, 2004 The Pittsburgh Channel, "Police to Protest City's Financial Recovery Plan "; and Washington Rail News; August/September 2004 issue 8 316 AUGUST 17, 2004 20. Continuation of Audience Participation Al Marquez, 613 North 3 Street, asked if something could be done to alleviate a problem with dogs running loose in his neighborhood. 21. Executive Session regarding pending litigation and disposition of property (allow approximately one hour) SIMS MOVED AND WHITMAN SECONDED TO MOVE INTO EXECUTIVE SESSION WITH ADJOURNMENT THEREAFTER TO THE PUBLIC HEARING AT 7:00 P.M. The motion carried by unanimous voice vote. 22. Adjournment to 7:00 p.m. for public hearing on proposed stormwater utility legislation Following the Executive Session, the meeting adjourned at 6:05 p.m. to 7:00 p.m. . , READ AND CERTIFIED ACCURATE BY �.,�. _ �Ii, / i i COUN MEMB- 0 idte 7 , COUNCI, M:ER DATE ATTEST: / i 2 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 9