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
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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. 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.
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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
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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.
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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.
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*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
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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.
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*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
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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.
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*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.
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• 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.
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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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