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HomeMy WebLinkAbout12/07/2004 Business Meeting 448 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL DECEMBER 7, 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 Mayor George referred to the untimely death of Sgt. Eggers in the Iraq war and called for a moment of silence to pray for his family, and for peace. Council Member Sims led the pledge of allegiance. 3. Open Discussion for the Good of The Order /Special Presentations A. Performance by Sweet Adelines Cascade Women's Sweet Adelines sang a variety of Christmas carols. B. Proclamations There were none C. Appointments to Boards and Commissions (if any) • Police and Fire Civil Service Commission PLACED MOVED AND SIMS SECONDED TO APPOINT GREG LIGHTY TO FILL THE UNEXPIRED SIX YEAR TERM ON THE CHARTER CIVIL SERVICE COMMISSION. The motion carried by unanimous voice vote. • Commercial Revitalization Deduction Allocations Committee After a brief explanation of the membership by Michael Morales, PLACE MOVED AND SIMS SECONDED TO HAVE BONLENDER BE THE LIAISON, MARY HARRIS TO FILL THE VACANCY, AND TO ELIMINATE THE HUD STAFF REPRESENTATION BY THEIR REQUEST. The motion carried by unanimous voice vote. D. Status report on prior meeting's citizen service request (if any) None • 4 4 9' DECEMBER 7, 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. 20B was added and Item No. 23 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND EDLER 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 14, and October 26, 2004 Adjourned Meetings, October 2, 2004 Business meeting, and November 9, 2004 Adjourned meetings (2) The minutes of the September 14 and October 26, 2004 Adjourned Meetings, October 2, 2004 Business meeting, and November 9, 2004 Adjourned Meetings (2) 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 Kenneth Broers 1402 South 20 Avenue, said he had been to an earlier Council meeting to present a drain flooding problem on his property and, as yet, no one has responded. City Manager Zais apologized that we haven't been in touch with him and advised that the problem is being investigated. There are some engineering issues being evaluated. Responsibility is also being looked into. Mr. Broers said he previously wrote to his congressman and a response came from the City Manager's Office saying the City didn't have a problem. He alleges this has been going on for 20 years and the City is still looking into it. Kay Adams, City Engineer, advised that the City has been working on this problem for a couple years. It is in a low spot with two separate drain lines. We have asked Huibregtse Louman to assist us with some solutions and that is where it stands right now. So far all the suggestions are in the million dollar plus category. The City will supply Mr. Broers with a status report. Tom Barrington, union staff representative for AFSCME Council 2 representing Local 1122 Municipal employees, was present to inform the City Council that over the past two years employees have been trying to pick up the slack for positions that were not being filled. Even though the wages in 2003 and 2004 did not keep up with the cost of living and workloads have doubled, employees of Local 1122 approved the contracts realizing the financial problems the city was having. He contends that the City must start recognizing the value of employees and start compensating them or those skills and that dedication will disappear.. It was his opinion that the budget about to be passed will overwork, and underpay these employees. Council Member Sims responded that the citizens of Yakima understand the work the employees do for the city. They also understand the constraints we've found ourselves in. We are at a breaking point, and are going to have to do business differently and he believes it is going to have to be consolidation of jurisdictions. At a legislative meeting last evening, they asked legislators whether they felt it was time for cities within a twelve mile radius to be consolidated by state law. The legislators believed cities and also counties should also be consolidated. 2 450 DECEMBER 7, 2004 Council Member Edler said they are concerned about what is happening to the local city government and challenged the union to help yield some power. There are people making decisions above us and we need their ear. The more unified we come to that table the more response we'll get to alleviate part of what is happening to us. Mr. Barrington said the union already goes to the legislature. City Manager Zais complimented the employees and how their efforts are reflected in the fact that the citizenry doesn't see how we've had to pull together to make it happen. But, the effects of the cutbacks are showing. The citizen Budget Strategy Team is an opportunity for each union to have representation present their viewpoints and ideas. They will be forwarding recommendations to the Council. Council Member McClure commented that, although the 2005 budget has no layoffs, there were ten positions not filled and we can't lose sight that existing employees are spread thinner. There has been a reduction of fifty full time equivalents since the initiatives have started and it is the Council's job to let the citizens know we are only able to balance this budget by asking our employees to do more and more and manage smarter. James Roush, 3501 Garrett Lane, gave his side of an issue that was presented by Daniel Campeau at the November 2, 2004 City Council Meeting. The issue is concerning an addition to Mr. Campeau's garage and a resulting disagreement between the two parties. Joe Caruso, Code Compliance Supervisor, said they have had a meeting with Mr. Roush, and Paul McMurray from Legal is reviewing aerial views. It is their intent to bring a full report to Council at the December 14, 2004 meeting. Bill Lover, 2507 West Yakima Avenue, addressed the 2005 budget. He claimed that the Citizens of Yakima do understand what is going on with the budget and that employees' salaries can't keep increasing when the revenues keep going down. He spoke of the frustration of the three - minute limit for audience input at Council meetings and how public input is limited by when the meetings are scheduled. He requested a roll call vote be taken on whether to continue the 3- minute limitation. Mayor George said we won't respond by taking that action during audience participation, but the 3- minute limitation was adopted by the City Council in open session in order to maintain orderliness in the meetings. Mr. Lover claimed that unequally limiting orderly speech during audience participation is in violation of the Open Meetings Act. Lynne Kittelson, 305 North 9 Street, expressed appreciation and thanked all those involved in the successful Christmas Light Parade. PUBLIC HEARING 6. Public Hearing to consider proposed expansion of the Renewal Community Boundaries to include Census Tract 03 (See Resolution expanding the boundaries) Michael Morales, Economic and Community Specialist, advised that we have received confirmation from HUD that we are able to add census tract 03 in addition to tract 07 to the Renewal Community Boundaries. The addition of this area to the community was not a request by the City; there was an act of Congress passed that 3 451 DECEMBER 7, 2004 allowed for the expansion. It does not provide additional resources to the city; the tax credits and method for accessing them are the same. Since it is retroactive to January 1 of 2002, it may be worthwhile for large employers to look at their taxes in terms of employment wage credits. • Mayor George opened the public hearing Lynne Kittelson, 305 North 9th Street, commended this expansion and challenged government officials to bring high tech, family -wage jobs to Yakima. There was discussion that included utilizing this opportunity for marketing new businesses, and how it opens up development sites in the area. • Mayor George closed the public hearing 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 -183, A RESOLUTION expanding the boundaries of the Yakima Renewal Community to include Census Tract 03. CITY MANAGER'S REPORTS 7. Consideration of Council's 2005 Legislative Priorities City Manager Zais described the dinner session held the previous evening with Representatives Clements, Newhouse, and Chandler. He said they would also be meeting with Senators Deccio and Honeyford, and Representative Skinner. They are trying to incorporate the Council's legislative priorities with those of the Association of Washington Cities. Council's priorities are a work -in- progress that is updated as legislation is introduced into the session. Michael Morales, Community and Economic Specialist for the City, helps with the list. Council Member Place spoke about Association of Washington Cities (AWC) priorities. She said she has asked for a study session to be held after the first of the year on the Streamline Sales Tax issue. She also spoke about the recent National League of Cities meeting and the upcoming annual trip to Washington D.C. for the Congress of Cities. BONLENDER MOVED AND PLACE SECONDED TO ADOPT THE LEGISLATIVE AGENDA FOR THE 2005 STATE LEGISLATURE. Council Member Edler questioned how items got on the list and whether Council members had input. He was advised that any Council member can bring items up and have them added to the list. Council Members Bonlender and McClure agreed that an improved process is necessary. Council Member Place nominated Council Members McClure, Edler and Bonlender to create a process., The question was called for a vote on the motion. The motion carried by unanimous voice vote. 4 452 DECEMBER 7, 2004 8. Approval of report from Codes and Community Review Board regarding the status on code compliance, property abatement, and enforcement efforts Jerry Henderson, 8 South 10` Avenue #505, read a letter from Rockey Marshall that said the Community Review Board (CRB) works well together, takes their work seriously, and staff has been commendable. Then Mr. Henderson spoke for himself saying that he has been on the Board since its inception and they have found that when citizens come before the Board, they are able to work out solutions to get compliance and reduce the cost to the City for clean -up. In response to a question from Council of what would make the Board more effective, Mr. Henderson suggested additional enforcement officers. Bob Mason, 612 North 2nd Street, gave a history of compliance problems experienced in his neighborhood and how by coming to the City Council they have been given tools to address them. Joe Caruso, Code Compliance Supervisor, reviewed the highlights of the report. They have had 92 CRB cases and it takes approximately twenty hours of preparation before presenting each to the Board. They are now using door hangers as an effective tool. Out of pocket costs for abatement were $19,402; money owed for liens of administrative fees and abatement is $58,000. He also spoke about the appeal process. Ken Harper, consulting attorney, spoke about the benefits of having the Community Review Board. Out of 1,955 complaints, 92 became CRB cases and none have had to go court. The CRB has been an effective way of getting compliance and getting some of the costs returned. Following a short recess, the meeting reconvened at 4:05 p.m. *9. Consideration of Resolution authorizing execution of agreements with other fire agencies for fire records interface system services RESOLUTION NO. R- 2004 -184, A RESOLUTION authorizing the City Manager of the City of Yakima to execute information system services agreements that are substantially in accord with the attached "City of Yakima Information Systems Services Agreement" with other fire agencies in Yakima County to provide fire records interface system services. *10. Consideration of Resolution authorizing execution of agreement with Wardell and Associates for Transit Center building modifications RESOLUTION NO. R- 2004 -185, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an architectural services agreement with Wardell Architects, P.S. to provide architectural services for improvements to the Transit Center. 5 4 5'3 DECEMBER 7, 2004 *11. Consideration of Resolution authorizing execution of Airport Use Agreement with the Airport for additional space for the Yakima Police Department RESOLUTION NO. R- 2004 -186 A RESOLUTION authorizing and directing the City Manager to execute a Use Agreement between the City of Yakima and the Yakima Air Terminal for Police Department work space. *12. Consideration of execution of Memorandum of Understanding with the Navy Criminal Investigative Service for entry into the Puget Sound Law Enforcement Information Exchange RESOLUTION NO. R- 2004 -187, A RESOLUTION authorizing and directing the City Manager to execute a Memorandum of Understanding with the Navy Criminal Investigative Service and other participating agencies for entry into the Puget Sound Law Enforcement Information Exchange. *13. Consideration of execution of amendment to extend the interlocal contract with the City of Toppenish for jail / detention services • RESOLUTION NO. R- 2004 -188, A RESOLUTION authorizing the City Manager to execute an amendment extending the Interlocal Jail Agreement with the City of Toppenish through December 31, 2005. *14. Consideration of execution of modification to the 2004 agreement with the Yakima County Office of Aging and Long Term Care for geriatric preventative foot care services RESOLUTION NO. R- 2004 -189, A RESOLUTION authorizing the City Manager to execute Modification #1 to the 2004 Foot Care Agreement between the City of Yakima and Yakima County, through the Office of Aging and Long Term Care (ALTC) to reflect revised unit rates and costs for the Geriatric Preventative Foot Care Services Program. *15. Consideration of execution of renewal contract with the Humane Society for the provision of animal shelter services in 2005 RESOLUTION NO. R- 2004 -190, A RESOLUTION authorizing and directing the City Manager to execute an Animal Control Agreement between the City of Yakima and the Humane Society of Central Washington for the provision of animal shelter services. *16. Consideration of adoption of Standard Motions A & B to initiate the Eichler /Hess Annexation for property located in the vicinity of Washington and 66 Avenues The annexation proposed by Mr. & Mrs. Ron Eichler was accepted by the City of Yakima, the area to be annexed was 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. 6 454 DECEMBER 7, 2004 *17. Approval of Finance Reports: A. October 2004 Revenue and Expenditure (Budget) Report The October 2004 Revenue and Expenditure (Budget) Report was approved. B. Third Quarter 2004 Accounts Receivables Report The Third Quarter 2004 Accounts Receivables Report was approved. C. State Auditor's 2003 Report The State Auditor's 2003 Report was approved. *18. Set date of public hearing for December 14, 2004 to consider an amendment to the Six -Year Transportation Improvement Program for the period of 2005 -2010 December 14, 2004 was set as the date of public hearing to consider an amendment to the Six -Year Transportation Improvement Program for the period of 2005 -2010. *19. Set Date of Open Record Public Hearing for December 14, 2004 to consider the Hearing Examiner's recommendation to vacate a portion of City right -of -way in the vicinity of 5th and 6 Avenues requested by Frank Stewart and Elton Young December 14, 2004 was set as the date of an open record public hearing to consider the Hearing Examiner's recommendation to vacate a portion of City right -of -way in the vicinity of 5 and 6 Avenues requested by Frank Stewart and Elton Young ORDINANCES 20. Consideration of Legislation pertaining to clearview violations: A. Resolution authorizing enforcement of a clearview violation at 812 South 11 Avenue Richard Marcley, the owner of the property, spoke about a number of issues. He is against Council meetings being held during the day. He mentioned barking dog issues and also spoke about a non - conforming structure issue he had previously and had written to the Council about but never received a reply. He distributed pictures of his property that was being cited for a clearview violation due to rosebushes that he feels are a feature of his property. He brought up problems he has had in the neighborhood and how he has not gotten any help from the city. He said he is trying to do his best to improve the property yet is getting no help. He had pictures of his rosebushes that show they are fifteen feet from the corner and also showed pictures of a clearview problem with cars parked on the narrow street. He claimed that the clearview ordinance, as written, impacts a considerable amount of his property that, as a result, he cannot use for landscaping. He feels this is very 7 455 DECEMBER 7, 2004 unfair. He had pictures of other neighborhoods that had clearview problems. Council Member Place sympathized with his plight saying she experienced the same restrictions and had to remove landscaping. It was also noted that clearview violations are acted upon only when someone complains. Shelley Willson, Street and Traffic Operations Manager, said we are held to the federal standard when we receive complaints. She also advised that the clearview 'ordinance was changed in 2002 to meet the federal guidelines and, as a result, is less onerous than the one that was on the books at the time. Following further discussion on potential methods of rectifying the situation, Chris Waarvick, Director of Public Works, said they would be willing to send the City's arborist down to assist in moving the rosebush. The City Clerk read the resolution by title only; BONLENDER MOVED AND McCLURE SECONDED TO ADOPT THE • RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -191, A RESOLUTION authorizing enforcement of intersection clear view violation at 812 S. 11 Ave., as described in Yakima Municipal Code 8.80.040. *B. Ordinance providing the Public Works Director with the authority to issue final notices to property owners regarding clearview violations and setting forth a process to appeal final notices to the City Council ORDINANCE NO. 2004 -74, AN ORDINANCE relating to the removal of trees, shrubs and vegetation that are overhanging, damaging and /or interfering with the use of the public way; providing the Public Works Director with the authority to issue final notices to property owners regarding the removal of trees, plants, shrubs, and /or vegetation that are overhanging, damaging and /or interfering with the use of the public way; establishing a process to appeal such final notices to the City Council; amending section 8.80.020 of Chapter 8.80 of the City of Yakima Municipal Code; and adding new section 8.80.025 to Chapter ;8.80 of the City of Yakima Municipal Code. 21. Consideration of Ordinance amending the City's Emergency Management Procedure and Delegation of Authority City Manager Zais commented that there has been considerable discussion on this subject. It has been through the Public Safety Committee, a study session, and a public hearing. Changes in the line of succession, asked for by Council, have been incorporated. The City Clerk read the resolution by title only; PLACE MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2004 -75, AN ORDINANCE relating to the proclamation of a civil emergency, designating the line of succession to serve as acting mayor, the action which may be taken in a civil emergency, the delivery to the news media of a proclamation relating to a civil emergency, providing that violation of such an order is a misdemeanor, and adding a new chapter to Title 6 of the Yakima Municipal Code. 8 4 5 DECEMBER 7, 2004 *22. Consideration of Ordinance delegating authority to the City Manager to issue permits for public display of fireworks ORDINANCE NO. 2004-76, AN ORDINANCE relating to permits for the public display of fireworks; providing the city manager with the authority to issue permits for public display of fireworks; providing the city manager with the authority to waive the firework display permit fee for student organizations; amending section 10.15.040 of Chapter 10.15 of the City of Yakima Municipal Code. 23. Consideration of Legislation to allow usage of Real Estate Excise Tax 2 Funds for basic street preservation purposes: A. Ordinance amending the Yakima Urban Area Capital Facilities Plan and Comprehensive Plan Chris Waarvick explained that this legislation is the culmination of many public processes and allows utilization of the REET 2 funds generated. Council Member Bonlender spoke about the importance of paving alleys saying it is an economic development tool. Council Member McClure gave an overview of the intent of the Capital Facilities Committee. As a committee they were looking at an all - encompassing fix for the streets and REET2 was part of that. They also proposed going to the citizens for an additional tax. Since that wasn't done, the idea of what to use REET2 money for changed. He suggested LIDs for alleys is a possibility. The City Clerk read the ordinance by title only. PLACE MOVED EDLER SECONDED TO PASS THE ORDINANCE . The motion carried by unanimous roll call vote. ORDINANCE NO. 2004 -77, AN ORDINANCE to amend the Yakima Capital • Facilities Plan; which, by extension, amends the City of Yakima's Comprehensive Plan to identify the paving, of gravel streets and certain arterial and unclassified street maintenance projects as allowable for REET 2 funding. B. First reading of ordinance appropriating funds into the REET 2 Funds Account (No action required at this meeting; second reading scheduled December 14, 2004) An Ordinance amending the 2004 budget and appropriating funds to provide for the 2004 gravel street paving program and Arterial Street maintenance program, was read by title only, and laid on the table until December 14, 2004 for a second reading. 24. Other Business Council Member Place noted that, per an e-mail from Greg Bohn, there needs to be action taken on appointments for the Citizens Police Advisory Committee. Council Member Edler would like to set a time to critique the budget process. 9 45.7 DECEMBER 7, 2004 • Information Items: Items of information provided to Council were: 11/29/04 Public Service Announcement regarding 2004 Fall Leaf Collection Program; 12/2/04 Notice of Continuation of the comment meeting on the Draft Environmental Impact Statement on December 16, 2004; December 2004 City of Yakima Issues Brief, Invitation to Homeless Youth Shelter Open House on December 10, 2004; Agenda for the December 9, 2004 Hearing Examiner meeting; September 2004 Monthly Chief of Police Report; Planning Division Assignments Pending as of December 7, 2004; 11/24/04 A Journal of Business Editorial, "City Should Ask Unions to Help Balance Budget "; Article from 11/1/04 Washington Business Magazine, "Washington Boosts Its Incentive Programming "; and Articles from 11/29/04 Nation's Cities Weekly. "Congress Passes Spending Bill" and "Conference to Focus on National Election's Impact on Cities and Towns ". 25. Adjournment PLACE MOVED AND SIMS SECONDED TO ADJOURN. The meeting adjourned at 4 :58 p.m. A / READ AND CERTIFIED ACCURATE BY A, ✓ 4 ) OU L MEMBER DATE —zq —° COU CIL MEMBER DATE ATTEST: . 411! k -w / 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 10