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HomeMy WebLinkAbout04/17/2001 Business Meeting 180 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL. APRIL 17, 2001 - 2:00 P.M. COUNCIL CHAMBERS -129 NORTH 2 STREET 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Larry Mattson, John Puccinelli, and Bernard Sims Staff: City Manager Zais, Assistant City Attorney Peterson and City Clerk Roberts 2. INVOCATION /PLEDGE OF ALLEGIANCE An invocation was given by Council Member Puccinelli, followed by the Pledge of Allegiance led by Council Member Buchanan. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL PRESENTATION A. PROCLAMATIONS o NATIONAL DAY OF PRAYER Mayor Place proclaimed May 3, 2001 as the National Day of Prayer in the City of Yakima. The proclamation was accepted by Linda lasella. o NATIONAL VOLUNTEER WEEK Council Member Puccinelli read a proclamation declaring the week of April 22 through April 28, 2001 as National Volunteer Week in Yakima. Vernita Adolf accepted the proclamation on behalf of the Volunteer Resource Center. Deborah Wilson, the Director of RSVP (Retired Seniors Volunteer Program) reported that in the year 2000 they had 600 volunteers spending over 118,000 volunteer hours. a CDBG WEEK Council Member Mattson read a proclamation declaring the week of April 16 through April 20 as Community Development Week in the City of Yakima. Bill Cobabe, Neighborhood Development Services Manager, distributed teeshirts celebrating Community Development week and accepted the proclamation. Mr. Cobabe spoke about the various activities and accomplishments of the Community Development Block Grant program in their 27 year history. He invited Council and the public to attend their annual open house scheduled for April 18, 2001 from 11:30 a.m. to 1:00 p.m. 1.8 APRIL 17, 2001 Sgt. Karen Kelley, Department of Corrections, County Restitution Center, spoke in response to the City's request for a third crew to assist with graffiti clean -up. She said they want to partner with the City and that she would make herself available to help get this third crew started. B. SPECIAL PRESENTATION FROM YAKIMA CHAMBER OF COMMERCE REGARDING ECONOMIC DEVELOPMENT FUNDING FOR NEW COMMUNITY STRATEGIC PLANNING INITIATIVE — "FOR A BETTER TOMORROW" Curtis King representing the Chamber's Leadership Forum, described the committee, their process on this program, and their conclusion that they needed help. The group decided that the best thing they could do was look for a facilitator to help determine what the community would see as their vision and the challenges and how to address them. They selected Henry Luke. Mr. King explained Mr. Luke's role will be to help develop a plan, a goal, and strategies within the first six months and then will come back during a five -year period to assist with implementation. Mr. King advised there will be a series of benchmarks published annually for public review and they will develop an intense communication campaign to allow for citizen participation. He explained that the budget for the 51/2-year project is $450,000. One staff person will be hired to oversee this project when Mr. Luke is not here. Financially, they have set a goal of $100,000 from the County and the cities of Yakima, Union Gap and Selah. They hope to raise $120,000 from a group of non - profits, $120,000 from a series of larger businesses, and another $120,000 from smaller businesses. He said the amounts that they are asking the County and the Cities for have been based upon a formula developed by COG (Council of Governments). Payment would entail $17,961.25 initially and approximately $5,388 per year for the next five years for a total of $44,803.10. Mr. Cook advised they are requesting approval for the funding amount and source and direction for staff to prepare a performance -based five -year contract subject to annual budget approval. MOVED BY SIMS AND SECONDED BY BUCHANAN TO APPROVE THE FUNDING IN THE AMOUNT OF $17,961.25 FROM THE ECONOMIC DEVELOPMENT FUND FOR FY 2001 AND DIRECT STAFF TO PREPARE A FIVE YEAR PERFORMANCE BASED CONTRACT CONTINGENT UPON ANNUAL BUDGET APPROVAL. The motion carried by unanimous voice vote. Council Member Mattson said that about 2 1/2 years ago the City Council approved a grant and loan package for Joe Morrier's development at the mall. He said to date he hasn't heard from Mr. Morrier or a representative about the progress on the package the City obtained for him. Council Member Mattson said he would like to see some benchmarking and performance standards applied. If this doesn't happen he would like the City to look for other candidates. Mr. Mattson recommended that the Council Economic Development Committee review the HUD application and make sure Mr. Morrier is aware of the parameters within which he can use that money. He also recommended that a time frame be applied, not to exceed one year. 2 182 APRIL 17, 2001 4. CONSENT AGENDA Mayor Place 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. 14 was added to the Consent Agenda and Item No. 17 was removed. It was noted that Item No. 20 had been delayed until May 1, 2001. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND BUCHANAN SECONDED TO APPROVE THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Puccinelli absent. (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 MARCH 20, 2001 BUSINESS MEETING, APRIL 3, 2001 ADJOURNED AND BUSINESS MEETINGS AND APRIL 10 ADJOURNED MEETING The minutes of the March 20, 2001 Business Meeting, April 3, 2001 Adjourned and Business meetings, and April 10, 2001 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 Wylie Mills, 1716 West Yakima Avenue, raised the question of code enforcement on a Saturday at a non - profit wine tasting held at his neighbor's house. He felt it was unnecessary and unfair. Doug Maples, Code and Planning Manager, said the violation that occurred was due to the lack of parking for this activity. He said the neighbors were concerned about their driveways being blocked. He said when they informed the owners, they were cooperative, took down the sign and complied with the regulations. There was discussion on what was and wasn't illegal about holding functions at private homes. Bobbie Carter, 903 Central Avenue, spoke on behalf of Cameron Bibles, the grandson of a paraplegic preacher who ministered to the Yakima Valley for fifteen years. He requested Council to ask the Court to be merciful on behalf of the elder Mr. Bible. Assistant City Attorney Peterson suggested Mr. Carter contact the prosecutors office and keep track of the case as it proceeds. He also suggested he appear when the opportunity for people to speak on the youth's behalf arises. Mr. Carter also raised the issue of the demographics at the South East Community Center. He spoke about how it used to be managed by a Community Advisory Board but because of a missed deadline it was now being run by the Substance Abuse Coalition. His concern was with the growth of other ethnic groups the black community was losing their voice. Council Member Sims suggested he seek membership on the board of the Substance Abuse Coalition to make sure his concerns are considered. Mayor Place said she is on the board and that she will share his concerns. She also invited him to come to the board meetings. 3 183 APRIL 17, 2001 William Hambleton, 615 South 32 Street, suggested that information regarding the water price increases to be discussed in the public hearing should have been provided earlier than the night before the hearing. He was advised that there had been study sessions on this subject, and it had been advertised in the paper. Lynne Kittelson, 305 North 9th Street, suggested Council read two articles, one supplied in the Council packet entitled "Violent Pride" and the other published in today's Yakima Herald Republic newspaper in the Unleashed section called "Mind your Manners ", written by Scott Klepach, Jr. Brenda McMurray, 1908 Browne Avenue, suggest the City take an assertive stance on asking citizens to conserve their water and doing so as publicly and as early as possible. She pointed out that we need to use water wisely not only in drought years but in all years. Ms. McMurray was a coordinator for the Watershed Information Center and is a. member of the Salmon Recovery Board for the state of Washington PUBLIC HEARING 6. PUBLIC HEARING ON DOMESTIC WATER COST OF SERVICE STUDY Dueane Calvin, Water and Irrigation Manager, described the completed cost -of- service study which is a requirement at least every two years. He noted that in ' excess of 90% of the revenue requirements in the study are related to capital projects with only 6% having to do with operation and maintenance. These capital projects are based on state and federal mandates such as the Endangered Species Act, the Safe Drinking Water Act and the local mandate for fluoride. He said these are public health and environmental issues that must be dealt with. He then discussed the financial aspects of obtaining money early and investing to offset interest rates to ultimately benefit the citizens. Mr. Calvin shared a 1996 comparison study that showed that even Yakima's current 2001 rates would place at 258 out of 306 utilities in the State of Washington. With the proposed 20% increase, Yakima only moves up to position 213 on that list. A video was shown depicting the various required capital projects and their costs. These capital projects are scheduled over the next five years. He said the question had been raised about having an alternative where we did not do some or all of these projects. This is not considered a viable option as we must do something to comply with the regulations. If not, the City of Yakima would suffer substantial consequences such as jeopardy to public health, failure of vital portions of the system, regulatory sanctions including substantial fines and penalties, and the loss of state and federal funding. Mr. Calvin assured the public that none of the revenue requirements in this cost -of- service study are related to annexation or the irrigation system. With regard to the fluoride project, the citizens and committees are working on obtaining the final funding amounts and have said they had pledges for the remaining monies needed. Mr. Calvin said they have been directed to start getting the building permits and get the project out to bid, to be prepared to go to construction as soon as appropriate. 4 1 8 4. APRIL 17, 2001 Dr. Russell Maier, 2712 West Yakima Avenue, explained that the delay in the fluoridation project rests with them. He said they had made a public effort to have all the funds together for this project but the costs turned out to be much larger than anticipated. Of the $420,000 project cost, $230,000 in grant funds are in hand. The Memorial Foundation and the Washington Dental Services Foundation have been very active in garnering extra funds and plan to live up to their pledge of raising an additional $125,000. Council Member Barnett asked for clarification on page 9 of the cost -of- service study, pointing out that the volume rate for irrigation uses of water in section 7.68.252 is to be eliminated beginning the year 2001, but this sentence does not eliminate the municipal rate in the current Yakima Municipal Code, section 7.68.251. He asked what the rate will be for municipal purposes if that is not eliminated? Dave Brown, Water and Irrigation Engineer, said it was intended to eliminate not only the irrigation rate but also eliminate the special municipal rate. He said it has actually already been done. Council Member Barnett requested that be clearly stated in the legislation. He also asked if limiting the meter increase on the 3 /4 inch pipe in order to have some relief for the seniors would damage the cost -of- service study. Mr. Calvin said it would not distort the cost of service to a great degree. He continued by advising that since 1996 we have been adjusting the cost of service, which is an allocation of the cost based on demand, and in this particular report the adjustment to the residential rate on the 3 /4 and 1" meter, would bring it in line with the demand. He said adjusting this rate to accommodate the needs of the customers should not significantly distort the program. ® Public Hearing opens Mayor Place opened the public hearing. John Klingele, 1312 West Walnut, expressed his support for alternative 2. He said because of the drought he expects there will be a need for that income this year. There was discussion on adjusting the rate of service charge and the impact on the volume charges. Wylie Mills, 1716 West Yakima Avenue, asked what is the total cost of all the projects? He was advised it was $12.5 million. He also commented that there was nothing in the video about redoing the main waterline from the treatment plant down the railroad tracks. Bill Hambleton, 615 South 32 Avenue, reacted to the dollar total and again requested that detailed information be given to the taxpayers in a timely manner. He also asked if the irrigation rate under contract with the City would still be on the bill. There was discussion and questions on whether this charge is actually still in existence. It needs further review. 5 1 8 5. APRIL 17, 2001 o Mayor Place closed the public hearing. Council Member Mattson commended staff on this project and recommend the City be proactive to take care of these issues prior to being fined or taken to court. It was the consensus of Council that detailed information of rate impacts should be available to utility customers. Council Member Barnett raised the issue of cross connections requiring an inspection every year. He said he has heard that frequency is unnecessary and they should be done every three years. Mr. Calvin said it is now part of the WAC but the Washington Water Utilities • Council is trying to get the code rewritten so that residential cross connection devices don't require the same kind of scrutiny as other cross connection devices. • Council Member Barnett proposed that when this issue goes to legislation it limit the increase for the 3 /4 inch pipe in order to take care of the poor and elderly. He acknowledged that would change those rates a little, especially the ready -to- serve, and it does raise the volume charge. It was the consensus of Council that this subject requires another study session to address issues that have been raised. Dr. Maier spoke up and said that the fluoride issue should not affect this increase. It was clarified that the items to be discussed at a study session would be the impact of limiting the 3 /4 inch, more information on alternative #2, and the question that was raised regarding the special irrigation rate. The tentative date for this study session will be May 1, 2001 at 7:30 a.m. prior to the stormwater issue. CITY MANAGER'S REPORTS *7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES WITH WIDENER & ASSOCIATES REGARDING STREET IMPROVEMENTS (MEAD AVENUE, CHESTERLEY PARK) RESOLUTION NO. R- 2001 -64, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with Widener & Associates, an engineering consulting firm, for consultant services to complete an environmental and public involvement process for Mead Avenue Improvement Project. *8. CONSIDERATION OF RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH YAKIMA VALLEY UMPIRES ASSOCIATION RESOLUTION NO. R- 2001 -65, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with the Yakima Valley Umpires Association for the purpose of obtaining officiating services for the organized softball program of the City of Yakima. 6 186 APRIL 17, 2001 *9. CONSIDERATION OF RESOLUTION APPROVING ISSUANCE OF INDUSTRIAL REVENUE BONDS FOR SENECA FOODS CORPORATION RESOLUTION NO. R- 2001 -66, A RESOLUTION of the City Council of the City of Yakima, Washington, approving the issuance of a tax - exempt nonrecourse revenue bond of Yakima County Public Corporation for the benefit of Seneca Foods Corporation, pursuant to RCW 39.84.060. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH BRENT YOUNG FOR ACCOUNTING SERVICES RESOLUTION NO. R- 2001 -67, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Professional Services Agreement with Brent Young for accounting services. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF MANAGING UNDERWRITING AGREEMENT WITH SEATTLE NORTHWEST SECURITIES RESOLUTION NO. R- 2001 -68, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a bond managing underwriter's agreement with Seattle- Northwest Securities Corporation. *12. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR AWNING INSTALLATION AT 315 NORTH 8 TH STREET REQUESTED BY NASSER AWAD The Right -of -Way Use Permit to install awnings at 315 North 8 Street, requested by Nasser Awad, was approved. *13. APPROVAL OF REVENUE AND EXPENDITURE REPORT (BUDGET) FOR JANUARY AND FEBRUARY, 2001 The January and February, 2001 Revenue and Expenditure Report (budget) was approved. ORDINANCES *14. RECONSIDERATION OF ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE RELATING TO EXPANSION OF THE CENTRAL BUSINESS DISTRICT PARKING EXEMPTION AREA AND AMEND OFF - STREET PARKING REQUIREMENTS FOR WAREHOUSE /STORAGE FACILITIES The staff recommendation to prepare legislation to remove residentially zoned property from the downtown parking exempt area was accepted. 7 1 APRIL 17, 2001 15. CONSIDERATION OF ORDINANCE ADOPTING NEW GRAFFITI REGULATIONS • Staff explains the intent of the ordinance Jeff West, Assistant City Attorney clarified the purpose of this ordinance is abatement, it is not an ordinance criminalizing any behavior. He said the City has outlawed putting graffiti on property since at least 1917 and aggressively prosecutes those cases when they are able to catch the people. He said we have sought putting those people into community service cleaning up graffiti as part of • their punishment. The proposed ordinance will require the property owner to remove the graffiti from their property and if they do not do it within a certain period of time the City will come in and do it and charge the property owner. The City Clerk read the ordinance by title; SIMS MOVED AND PUCCINELLI SECONDED TO PASS THE ORDINANCE. • Reviewed Council Member Barnett's proposed revisions to the ordinance Mr. West distributed copies of the ordinance including Council Member Barnett's proposed modifications. The first modification was to remove from paragraphs (f) and (g) of section 11.11.040 (2) the words and administration fees. The fact that there was no table of administrative fees was the concern. PUCCINELLI MOVED AND BUCHANAN SECONDED TO MODIFY SECTION 11.11.040 (02), PARAGRAPHS F AND G, TO REMOVE THE WORDS "AND ADMINISTRATION FEES ". The motion carried by unanimous voice vote. Mr. West advised that the second proposed revision was to allow a person who had entered a voluntary correction agreement to appeal the determination to the City Council. He said in order to allow that to occur he suggests removing the word not from the last sentence in 11.11.040 subsection 4 and then add to the City Council by filing request for hearing with the office of City Clerk within 15 days at the end of that sentence. PUCCINELLI MOVED AND BUCHANAN SECONDED TO ACCEPT THE CHANGE TO REMOVE THE WORD "NOT" FROM THE LAST SENTENCE IN 11.11.040 SUBSECTION 4 AND TO ADD THE WORDS "TO THE CITY COUNCIL BY FILING A REQUEST FOR HEARING WITH THE OFFICE OF THE CITY CLERK WITHIN 15 DAYS" TO THE END OF THAT SENTENCE. The motion carried by unanimous roll call vote. Mr. West continued with the third suggestion that the ordinance did not adequately address the issue of a person being out of town for more than 90 days. With the proposed change, the Council will not be limited to 90 days but can decide on the timeframe. The Council, by majority vote, determines 1) there's been no violation, 2) there has been a violation and the City is going to clean it up and the property owner will pay for it, or 3) there has been a hardship and the City will give "X" amount of time to get it cleaned up. There was much discussion on 8 1 88. APRIL 17, 2001 this issue. One clarification was that the code officers, or whoever goes in to do the clean up, would have to obtain an administrative warrant to go on someone's property. BARNETT MOVED AND SIMS SECONDED TO CHANGE THE FIRST SENTENCE IN 11.11.055 C TO READ "THE DETERMINATION OF HARDSHIP SHALL STAY THE ENFORCEMENT FOR A SPECIFIED PERIOD ". The motion passed by unanimous voice vote. Lynne Kittelson, 305 North 9 Street, on behalf of Bob Mason, distributed and read some language he requested to be added to the ordinance. This language addressed the criminalization aspect of graffiti. Mrs. Kittelson then thanked the Council for reviewing the material on graffiti she had previously submitted. She said what she is proposing is a program of graffiti removal that requires a public /private partnership between the people and the city leaders. She stated the proposed ordinance isn't adequate and it affects people who cannot afford to clean it up. She emphasized that the cleanup has to be almost instantaneous and has to be aesthetically pleasing. She expounded on her idea of using volunteers and having a non - profit organization warehouse the paint. She suggested a master file be kept with people's permission to go on their property to clean up graffiti. She thought it may take an extra City employee to do the coordinating but there were lots of organizations that could be used once the City had a coordinator. Council Member Mattson commented that this is a first step in a two pronged attack and that, hopefully, we can pursue the criminal ordinance later. He pointed out that it says right in the ordinance that if you cannot•afford to clean it up we will help find assistance for you. Assistant City Attorney West addressed Bob Mason's submittal to make it a misdemeanor saying it will be resolved shortly by an ordinance about to come before the City Council. He said the State of Washington has made putting graffiti on property a gross misdemeanor and the City is required to have the same penalties as the state. There was further discussion on how to deal with the violators as well as mobilizing volunteers. The question was called for a vote on the ordinance, as amended. The motion carried by 4 -3 roll call vote, Buchanan, Barnett and Beauchamp voting no. ORDINANCE NO. 2001 -16, AN ORDINANCE relating to public safety and morals; requiring the removal of graffiti from private property; creating a lien on private property when public funds are expended for graffiti removal; enacting a new chapter, Chapter 11.11; of the City of Yakima Municipal Code. *16. CONSIDERATION OF LEGISLATION IMPLEMENTING DEL MONTE SETTLEMENT AGREEMENT: A. FIRST READING OF ORDINANCE AMENDING THE 2001 BUDGET AND APPROPRIATING FUNDS FOR WASTEWATER CAPITAL IMPROVEMENTS (READ ORDINANCE ONLY; SECOND READING SCHEDULED MAY 1,2001) An ordinance amending the 2001 budget and appropriating funds for Wastewater Treatment Plant capital improvements was read by title only and laid on the table for two weeks, until May 1, 2001. 9 1.89. APRIL 17, 2001 B. RESOLUTION AUTHORIZING INTERFUND LOAN /FINANCING FOR WASTEWATER FACILITY CAPITAL IMPROVEMENTS RESOLUTION NO. R- 2001 -69, A RESOLUTION authorizing an Interfund Loan from 551 - Equipment Rental Fund to the 478 - Wastewater Facility Project fund and • providing for repayment, and declaring the City's intent to issue bonds to reimburse prior expenditures. C. ORDINANCE ADJUSTING THE SEWER RATES TO FINANCE WASTEWATER CAPITAL IMPROVEMENTS ORDINANCE NO. 2001 -17, AN ORDINANCE relating to wastewater rates, fees, and charges; increasing various wastewater rates, fees, and charges; amending Sections 7.60.020, 7.60.025, 7.60.035, 7.60.040, 7.60.105; and providing for related matters. 17. CONSIDERATION OF ORDINANCE APPROVING VACATION OF PROPERTY IN THE VICINITY OF STEWART AVENUE EAST OF LANDON AVENUE REQUESTED BY SHIELDS BAG AND PRINTING Larry Peterson, Assistant City Attorney, distributed a revised ordinance. The revision was the result of discovering that the estimate of the area being vacated was incorrect as it did not include the unpaved portion of the right -of -way. The difference was over 7,000 square feet.. This dramatically changed the compensation value. As a result of discussions with Mr. LaFramboise representing Shields, the amount of area needed for the vacation was reduced to 67.8 linear feet. Utilizing the approach to compensation as stated in the previous council resolution, 1/2 of the value of the area being vacated, the required compensation is $4,366.32. The City Clerk read the ordinance by title; BUCHANAN MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote ORDINANCE NO. 2001 -18, AN ORDINANCE vacating the 56- foot -wide City of Yakima right -of -way constituting the portion of Stewart Street lying east of Landon Avenue. *18. CONSIDERATION OF ORDINANCE REZONING PROPERTY AT 3506 RIVER ROAD REQUESTED BY DR. LLOYD BUTLER ORDINANCE NO. R- 2001 -19, AN ORDINANCE concerning land use and zoning, rezoning one parcel (approximately 6 acres) in the vicinity of 3506 River Road from Two - Family Residential (R -2) to Multi - Family Residential (R -3), and amending the Official Yakima Urban Area Zoning map accordingly; and granting Class (3) approval for the location of professional offices within the R -3 zoning district subject to conditions. 10 1 90 APRIL 17, 2001 QUASI- JUDICIAL PUBLIC HEARINGS 19. CONTINUATION OF CLOSED RECORD PUBLIC HEARING TO CONSIDER APPEAL OF HEARING EXAMINER'S DECISION RELATING TO HOURS OF OPERATION OF BUSINESS LOCATED AT SOUTH 32 AVENUE AND NOB HILL BLVD., REQUESTED BY TERRY KLEPPIN (CONTINUED FROM APRIL 4, 2001) Bruce Benson, Associate Planner, advised a compromise had been reached by the appellants with regard to the hours of operation. The agreed upon hours of operation will be from 5:00 a.m. to 12:00 p.m. with 24 hour operation of the fuel pumps on a key card basis. Additional conditions agreed to were to increase the wall height on the south side property line from 6 feet to 8 feet, the southwest landscape island would be moved to eliminate the throughway, and the hours of deliveries would be limited. There was discussion regarding the proper documents to accomplish this agreement. Mr. Terry Kleppin, 1110 South 33` Avenue, stated that although he signed the compromise agreement he wanted to go on record that he doesn't agree with the hours of operation. MATTSON MOVED AND BUCHANAN SECONDED TO DIRECT STAFF TO PREPARE A BINDING AGREEMENT BASED ON THE DOCUMENT THAT ALL THE PARTIES SIGNED. The motion carried by unanimous voice vote. 20. PUBLIC HEARING ON VACATION OF RIGHT -OF -WAY IN THE VICINITY OF MAVIS AND KNOBLE STREETS REQUESTED BY LIVING CARE CENTERS (CONTINUED FROM MARCH 20, 2001) Continued at the request of the applicant to May 1, 2001. 21. OTHER BUSINESS Information Items , Items of information provided to Council were: Agenda for the April 19 and 26, 2001 Hearing Examiner meetings; Yakima County Water Conservancy Board Public Notification of Active Water Right Transfer Applications; Yakima Transit First Quarter 2001 Report; Planning Division Assignments Pending Report as of April 17, 2001; Article from The News Tribune, "Struggling Yakima Waits for Renewal "; Article from the April 11, 2001 The Spokesman- Review, "Solid Waste Takes Bath on Colbert Homes "; Washington State DOE publication, "Tiger Oil Exxon (24 and Nob Hill Blvd.) Cleanup Action Plan available for review "; Article from April 22, 2001 Seattle P=1, "Endangered Species: Bush Wants Control "; and Article from March 30, 2001 Capital Press, "Federal Agencies pull Back Salmon Biological Opinion" 11 190 -1 APRIL .17, 2001 22. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING AND PROSPECTIVE AND PENDING LITIGATION (ALLOW ao MINUTES) MATTSON MOVED AND BUCHANAN SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR APPROXIMATELY 40 MINUTES TO DISCUSS COLLECTIVE BARGAINING AND PROSPECTIVE AND PENDING LITIGATION FOLLOWED BY ADJOURNMENT TO APRIL 24, 2001 STUDY SESSION AT 7:30 A.M. IN THE COUNCIL CHAMBERS ON THE SPORTS COMPLEX, THEN TO MAY 1, 2001 FOR A STUDY SESSION ON WATER COST -OF- SERVICE STUDY AND STORMWATER ISSUES. 21B. OTHER BUSINESS - CONTINUED Following the Executive Session, Council reconvened into open session at 6:05 p.m. with Council Members Barnett, Beauchamp, Buchanan and Sims in attendance. City Manager Zais gave a brief status report to inform Council on the updated cost estimates for the proposed Sports Complex. 23. ADJOURNMENT Council Member Barnett absent after 6:25 p.m. and with no quorum present, the meeting was adjourned. READ AND CERTIFIED ACCURATE BY: (! #� A ► 51/S W •OUNCIL MEMBER / DA E '7' ---- ITV-4 COUNCIL M B R AT E ATTEST: ‘.0.A..a.„. ..,.2 • : , . .., 0 &c CITY CLERK MARY PLACE, MAYOR Minutes prepared by Linda Watkins and Karen Roberts. An audio and video tape of this meeting are available in the City Clerk's Office 1 12