HomeMy WebLinkAbout02/03/1998 Business Meeting 59
CITY OF YAKIMA, WASHINGTON •
FEBRUARY 3, 1998
BUSINESS MEETING
1. ROLL CALL
The City Council met in session on this date at 2:00 p.m., in
the Council Chambers of City Hall, Yakima, Washington, -Mayor
John Puccinelli, presiding. Council Members Clarence Barnett,
Henry Beauchamp, John Klingele, Mary Place, and Bernard Sims
present on roll call. Council Member Lynn Buchanan was absent
and excused. City Manager Zais, City Attorney Paolella, and
City Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO RE- APPOINT
FRANCES BADU AND BARRY LAWS TO THE HOUSING AUTHORITY BOARD. The
motion carried by unanimous voice vote; Buchanan absent.
4. CONSENT AGENDA
Mayor Puccinelli referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present. It
was the consensus of the Council to add Item No. 15.A to the
Consent Agenda. The City Clerk then read the Consent Agenda
items, including resolutions and ordinances by title. It was
MOVED BY SIMS, SECONDED BY KLINGELE, THAT THE CONSENT AGENDA, AS
READ, BE ADOPTED. The motion carried by unanimous roll call
vote; Buchanan absent. (Subsequent paragraphs preceded by an
asterisk ( *) indicate items on the Consent Agenda handled under one
motion without further discussion.)
5. QUASI- JUDICIAL HEARING TO. CONSIDER THE REZONE OF PROPERTY IN
VICINITY OF WEST POWERHOUSE AND PECKS CANYON ROAD REQUESTED BY
LARRY BRADER (CONTINUED FROM JANUARY 20, 1998)
This being the time set for a quasi - judicial hearing, continued
from January 20, 1998, Mayor Puccinelli commented that testimony
was already heard at the previous hearing and the hearing was
closed at that time. City Attorney Paolella announced that
additional public testimony may be heard today if Council wishes
to reopen the hearing; however, no new testimony may be given.
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It was MOVED BY BARNETT, SECONDED BY SIMS, TO ACCEPT THE HEARING
EXAMINER'S RECOMMENDATION AND DIRECT THE LEGAL DEPARTMENT TO
PREPARE AN ORDINANCE AND DEVELOPMENT AGREEMENT AS RECOMMENDED BY
STAFF. The motion carried by unanimous voice vote; Buchanan
absent.
6. AUDIENCE PARTICIPATION
There was no citizen wishing to address issues not on the
agenda.
7. REPORT FROM NEIGHBORHOOD DEVELOPMENT SERVICES REGARDING STATUS
OF NEIGHBORHOOD IMPROVEMENT PROJECTS FOR 1997
Bill Cook, Block Grant Manager, reported that between February
and May of 1997 Council approved four neighborhood improvement
contracts funded by Community Development Block Grant funds. He
stated that all projects except the Ida Powell Project appear to
be on schedule for the June 1998 deadline. The Ida Powell
project expired in February 1998. He stated he asked all the
project coordinators to make a presentation to Council on the
status of their projects. He further commented that in order to
assist future applicants, his office has scheduled a series of
training workshops. Council Member Sims queried Mr. Cook about
what happens with the unspent money. Mr. Cook stated that the
City doesn't lose that money; it can be reallocated by the
Council.
Maude Scott and Jackie Seaunier, representing the Yakima Housing
Authority Resident Council, gave a status report on the
community center /computer room project funded for $5,360. Ms.
Scott indicated the project would be completed on time.
Patty Dion, YWCA, gave a status report on the Family Crisis
Center Rehabilitation Project funded for $14,602. She stated
that this grant was partnered with another one to give them an
additional $20,000 allowing them to complete a project in the
children's housing addition. The plan is to finish the project
by the end of the first quarter.
Maude Scott, Southeast Yakima Neighborhood Improvement
Committee, gave a status report on the Ida Powell Restoration
Project funded for $15,000. Progress is being made. Even
though she has been in contact with the Office of Neighborhood
Development staff and progress has been made, there is a delay
in the project. She requested financial advice and time to
prepare an application for a special state capital funding
grant. Council Member Klingele stated that would change the
scope of the project from architectural drawings to funding
source research. Ms. Scott also requested a new contract
outlining terms,
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FEBRUARY 3, 1998
conditions, and specifications to complete the project. It was
MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO EXTEND THE FUNDING
AND BRING BACK A NEW CONTRACT WITH A REVISED PROJECT SCOPE.
Mayor Puccinelli suggested Ms. Scott present her requests to the
Council Community Development Block Grant Committee. Council
Member Beauchamp suggested Bill Cook come back with a
recommended strategy to address the architectural and financial
needs. Council Member Place noted that clear requirements need
to be established and specify who is responsible for those
requirements. It was MOVED BY BEAUCHAMP, SECONDED BY BARNETT,
TO CONTINUE THE PROJECT PENDING A RECOMMENDATION FROM BILL COOK
AND THE SCENIC GROUP TO COUNCIL. The motion carried by
unanimous voice vote; Buchanan absent.
Hector Franco, Asociacion de Barrios Hispanos, distributed a
status report on the Barrios Youth Leadership Institute funded
for $13,300. He reported that the students have been very
receptive to this program; they need help with leadership
training and career evaluation. It was MOVED BY BARNETT,
SECONDED BY BEAUCHAMP, TO ACCEPT THE REPORT. The motion carried
by unanimous voice vote; Buchanan absent.
8. REPORT REGARDING PROPOSED AMENDMENTS TO WASTEWATER CONNECTION
FEE ORDINANCE AND SETTING PUBLIC MEETING DATE FOR MARCH 3, 1998
City Manager Zais announced that Chris ' Waarvick, Wastewater
Superintendent, will be the new Acting Public Works Director,
effective today. This action is necessary due to the disability
of Jerry Copeland.
Chris Waarvick reviewed Council's previous directive to conduct
a wastewater connection fee study and its subsequent adoption in
June. Council has indicated that logical adjustments would be
considered; thus, staff is presenting these changes and asking
Council to set a date of public meeting for review on March 3,
1998. A rate increase of about 15% is still necessary in order
to raise the $1.05 million to pay for trunkage and treatment
capacity needs. He spoke about the relevant issues which were
reviewed, including a 20,000 square foot cap for calculating the
charge for residential lots. (Council Member Beauchamp absent
after 2:55 p.m.) Council Member Barnett expressed his
frustration about all the changes made to the cost figures in
recent months. . City Manager Zais commented that this
information will be reviewed by the industry and the County and
that might result in some further recommendations. Mr. Waarvick
reviewed the figures contained in the study, using the following
chart as a visual aid:
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FEBRUARY 3, 1998
■
PROPOSED 1998 PROPOSED 1998
EXISTING UPDATED UPDATED
CHARGE CHARGES CHARGES
ZONE 10,000 SF 10,000 SF 20,000 SF
One (City Limits) $1,324 $1,242 $1,710
Two (Current urban $3,830 $3,432 $5,940
area)
Three (Urban reserves) $5,615 $5,386 $8,614
Mr. Waarvick stated he and Doug Mayo, Co- Acting Wastewater
Superintendent, will be available to meet with any interested
party to explain how the figures were developed. City Manager
Zais stated that if additional time is necessary to refine these
changes after meeting with the industry, the March 3 public
meeting may have to be postponed. Council Member Barnett
requested a copy of the County's study on these charges. City
Manager Zais stated staff has been attempting to obtain this
information. It was MOVED BY BARNETT, SECONDED BY SIMS, TO SET
A DATE OF PUBLIC MEETING FOR MARCH 3, 1998. The motion carried
by unanimous voice vote; Beauchamp and Buchanan absent.
9. CONSIDERATION OF RESOLUTION AUTHORIZING FEE SCHEDULE AMENDMENTS
FOR LAND DEVELOPMENT ORDINANCE
Joan Davenport, Supervising Associate Planner, stated this is an
• annual review of the fees which the City charges for zoning,
subdivision, environmental review, and shorelines applications.
Since 1990, the City implemented a cost of living increase based
upon the Seattle - Tacoma CPIU for the land use applications fees.
She reviewed how the 4% adjustment was calculated. Council
Member Barnett questioned why this figure is higher than the
cost of living increase used for other purposes. Gary Webster,
President of the Chamber of Commerce and Jake Jundt, Chairman of
the Board, were present and questioned the 4% figure.
Mr. Webster stated that using the Seattle CPI is
disproportionate to our area and the 4% is too high. Jerry Foy,
Central Washington Home Builders Association, suggested using a
blended CPI which is utilized for City labor negotiating
purposes. Mayor Puccinelli stated he would like to know what
other entities are charging to see how these fees compare.
Council Member Sims summarized the discussion and asked staff
for the following information: 1) does the fee cover the
division's costs; 2) is it a competitive rate in the industry;
and 3) is the appropriate cost of living index being used. Mr.
Foy referenced Item No. 8 and requested a copy of the
documentation for the packet in advance of the public meeting.
It was MOVED BY SIMS, SECONDED BY KLINGELE, TO DIRECT STAFF TO
IMPLEMENT THE 1998 FEE SCHEDULE AND BRING BACK APPROPRIATE
LEGISLATION. Council Member Barnett requested staff verify the
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accuracy of the calculation of the increased figures. The
question was called for a vote on the motion. The motion
carried by 4 -1 . voice vote; Barnett voting nay; Beauchamp and
Buchanan absent. It was MOVED BY SIMS, SECONDED BY PLACE, TO
DIRECT STAFF TO INITIATE A STUDY COMPARING YAKIMA FEE STRUCTURE
TO SURROUNDING AREAS' FEE STRUCTURES; DEPARTMENT COST STUDY,
COST OF LIVING STUDY TO DETERMINE WHICH INDEX TO USE. The
motion carried by unanimous voice vote; Beauchamp and Buchanan
absent.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PURCHASE
AND SALE AGREEMENT WITH SUNFAIR ASSOCIATES REGARDING PROPERTY
PURCHASE /EXCHANGE INVOLVING PROPERTY AT 103 SOUTH 7TH AVENUE
(CITY) AND 124 SOUTH 2ND STREET (SUNFAIR ASSOCIATES)
RESOLUTION NO. R- 98 -16, A RESOLUTION authorizing the City
Manager and the City Clerk to execute a Purchase and Sale
Agreement with Sunfair Associates, and to take such other steps
as may be necessary and prudent to complete the acquisition by
the City of property owned by Sunfair Associates at 124 South
Second Street in Yakima.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROSECUTION
FEE AGREEMENT WITH YAKIMA COUNTY FOR 1998
RESOLUTION NO. R- 98 -17, A RESOLUTION authorizing and directing
the City Manager and the City Clerk of the City of Yakima to
execute a prosecution fee agreement with Yakima County for 1998.
*12. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR NEW FOUNDATION AND
COLUMNS AT THE YAKIMA MALL ADJACENT TO N. 3RD STREET AND E.
YAKIMA AVENUE ENTRANCE
The Right -of -Way Use Permit for foundation and columns at the.
Yakima Mall Shopping Center at North 3rd Street and East Yakima
Avenue, requested by the Yakima Mall Shopping Center, Inc. was
approved.
13. CONSIDERATION OF ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE
RELATING TO CONTINUED IMPLEMENTATION OF ESSB 6211 RELATING TO
MISDEMEANOR AND GROSS MISDEMEANOR VIOLATIONS
Jeff West, Prosecuting Attorney, stated the proposed ordinance
carries out Council's directive to internalize various State
misdemeanors so Yakima County will not have to hear these cases.
He reviewed several aspects of the ordinance including posting
of cash bail to pay court fines, the peeping section, correction
of clerical errors and reorganization of the criminal sections
within the Municipal Code. Council Member Barnett pointed out
that one place in the ordinance talks about 90 days in jail and •
$1,000 fine or bond, and asked if that is what was intended.
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Mr. West stated the sentence on page eight should say 90 days in
jail or $1,000 fine or bond, not both. Council Member Barnett
also took exception to the references throughout the ordinance
using only the male gender. Mr. West stated they can change the
references to be gender neutral if that is Council's desire.
Mr. West also responded to Council Member Barnett's inquiries
regarding Section 6.05.025 (1), obstruction of sidewalks not
including sidewalk cafes, skating in the street, and Section
6.68.115. Ordinance No. 98 -3 having been read by title, it was
MOVED BY SIMS, SECONDED BY PLACE, TO PASS THE ORDINANCE. The
motion passed by unanimous roll call vote; Beauchamp and
Buchanan absent.
ORDINANCE NO. 98 -3, AN ORDINANCE relating to public safety and
morals; amending the City of Yakima Criminal Code to provide for
the payment of fines and court costs with posted cash bail,
adding contempt of court procedures, combining all drug - related
offenses in Chapter 6.08, enacting Section 6.12.090 to
criminalize leaving children unattended in an automobile while
one goes in a tavern or bar, creating a new chapter to prohibit
offenses relating to school property and personnel, combining
all firearms and weapons offenses in Chapter 6.44, making
possession of concealed pistol license violations infractions in
accordance with state law, enacting Section 6.45.025 to penalize
unlawful bus conduct, adding Section 6.45.100, Custodial
Interference in the Second Degree, creating Section 6.45.110 to
outlaw peeping, combining all trespass - related offenses in
Chapter 6.47, combining all sex - related offenses in Chapter
6.55, amending Section 6.68.010 so that shoplifting items valued
• in excess of $50.00 is a gross misdemeanor, enacting Section
6.68.040 to criminalize the illegal sale or use of state and
federally issued food stamps, adding Section 6.68.090 to
prohibit the theft of rental or leased property, combining all
theft- related crimes into Chapter 6.68, combining all
obstruction of sidewalks and streets violations into Chapter
6.75: Repealing Sections 6.04.040, 6.04.315, 6.45.090,
6.68.090, amending and /or recodifying Sections 1.66.010,
6.02.030, 6.04.027, 6.04.030, 6.04.047, 6.04.110, 6.04.107,
6.04.115, 6.04.140, 6.04.307, 6.04.320, 6.04.330, 6.04.381,
6.04.382, 6.04.384, 6.04.386, 6.04.387, 6.04.390, 6.04.392,
6.04.540, 6.05,020, 6.12.040, 6.12.055, 6.45.070, 6.48.010,
6.50.010, 6.50.015, 6.50.020, 6.50.030, 6.55.020, 6.68.010,
6.68.060, 6.68.070, 6.100, adding as new sections 6.04.050,
6.12.090, 6.45.025, 6.45.100, 6.45.110, 6.48.030, 6.68.040,
6.68.090, 6.68.180; repealing Chapters 6.50, 6.76, 6.70, 6.71,
6.74; enacting Chapters 6.03, 6.28, 6.44, 6.47, 6.75; and
amending the title of Chapter 6.08, all of the City of Yakima
Municipal Code.
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FEBRUARY 3, 1998
*14. CONSIDERATION OF ORDINANCE APPROVING RIGHT -OF -WAY VACATION '
PETITION FILED BY HERSCHEL MCDONALD AND HELEN ROBERTS TO VACATE
A PORTION OF RIGHT -OF -WAY IN THE VICINITY OF 1701 WEST YAKIMA
AVENUE
ORDINANCE NO. 98 -4, AN ORDINANCE vacating the west 14.5 feet of
City of Yakima right -of -way along North 4th Avenue between West
Lincoln Avenue and West B Street.
15. OTHER BUSINESS
*A. CONSIDERATION OF ORDINANCE AUTHORIZING EXECUTION OF PURCHASE
AND SALE AGREEMENT WITH CORNELIO MARTINEZ U. AND BERNARDA
TORRES M. FOR PROPERTY AT 108 NORTH 8TH STREET FOR
CONVENTION CENTER USE
RESOLUTION NO. R- 98 -18, A RESOLUTION authorizing the City
Manager and the City Clerk to execute a purchase and sale
agreement, and to take such other steps as may be necessary and
prudent to acquire the real property located at 108 N. 8th
Street.
It was MOVED BY SIMS, SECONDED BY PLACE, THAT CITY STAFF BE
INSTRUCTED TO PREPARE FORMAL LEGISLATION TO ISSUE COUNCILMATIC
DEBT FOR APPROXIMATELY $1.43 MILLION TO PAY FOR STREET
IMPROVEMENTS AND DEBT ISSUANCE COSTS. THESE FUNDS WILL BE
COMBINED WITH OTHER CITY AND GRANT RESOURCES FOR A TOTAL STREET
IMPROVEMENTS FINANCING PACKAGE OF APPROXIMATELY $2 MILLION. The
motion carried by unanimous voice vote; Beauchamp and Buchanan
absent.
Information Items:
Items of information provided to Council were: COUNCIL MEETING
SCHEDULE FOR THE WEEK OF JANUARY 30- FEBRUARY 9, 1998; Agenda for
February 3, 1998 Community and Economic Development Review Committee
meeting; News Release regarding January 31, 1998 Transit System Task
Force public meeting; Notice of February 10, 1998 meeting to evaluate
preliminary recommendations for the Southeast Yakima Neighborhood
Plan; Article from January 24, 1998 Seattle P.I., " City May Slap 5%
• Tax on Parking" ; Association of Washington Cities, City Streets;
November and December 1997; Greater Yakima Chamber of Commerce 1998
Business Trends and Forecast Report; Article from January 19, 1998
Nation's Cities Weekly, " EPA Proposes Stormwater Regs Affecting 3,500
Local Governments" ; Agenda for February 2, 1998 Charter Civil
Service and Police & Fire Civil Service Commissions meeting and
minutes of its November 17, and December 15, 1997 meetings; Minutes
of the December 17, 1997 Yakima District Board of Health meeting;
Notice of public meetings on Bonneville Cost Review; City of Yakima
Planning Division Assignments Pending as of February 3, 1998; Article
from February 1998 Scientific American, " Everyday Exposure to Toxic
•
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FEBRUARY 3, 1998
Pollutants" ; Article from January 21, 1998 South King County Local
regarding Tacoma Could Add Industrial Water Fee" and Newspaper
articles regarding convention industry. Distributed 2/3/98: faxed
letter from Mark Strosahl, United Builders of Washington regarding
Business Incubator Project; 2/2/98.
16. EXECUTIVE SESSION RELATING TO:
A. COLLECTIVE BARGAINING (YPPA AND TRANSIT LABOR NEGOTIATIONS)
It was MOVED BY KLINGELE, SECONDED BY SIMS, TO MOVE INTO
EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING COLLECTIVE
BARGAINING, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO FEBRUARY
10, 1998 AT 7:30 A.M., AND THEN TO FEBRUARY 11, 1998 AT 6:30
P.M. The motion carried by unanimous voice vote; Beauchamp and
Buchanan absent.
17. ADJOURNMENT TO FEBRUARY 10, 1998 AT 7:30 A.M. FOR A STUDY
SESSION AT THE WASTEWATER MAINTENANCE FACILITY; THEN TO FEBRUARY
11, 1998 AT 6:30 P.M. FOR A DINNER MEETING WITH THE YVCC BOARD
OF TRUSTEES AT M.L. KING JR. ROOM, HOPF UNION BUILDING, YVCC
CAMPUS
Following the conclusion of the Executive Session, the meeting
adjourned at 4:42 p.m.
/
READ AND CERTIFIED ACCURATE BY: � ;, r /0 29
COUNCIL MEMBE' DATE
COUNc MEMBER DATE
ATTEST:
CITY CLERK — JOHN PUCCINELLI, MAYOR
An audio and video tape of this meeting are available in the City Clerk's Office
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