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
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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)
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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.
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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.
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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.
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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
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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.
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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
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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
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