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Home My WebLink About05/01/2001 Business Meeting 199 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL. MAY 1, 2001 - 2:00 P.M. COUNCIL CHAMBERS -129 NORTH 2 STREET 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Lynn Buchanan, Larry Mattson, John Puccinelli, and Bernard Sims Staff: City Manager Zais, Assistant City Attorney Harvey and Acting City Clerk Watkins Absent: Council Member Beauchamp • 2. INVOCATION /PLEDGE OF ALLEGIANCE Invocation given by Council Member Puccinelli, followed by Pledge of Allegiance led by Council Member Mattson 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER/SPECIAL PRESENTATION A. PROCLAMATIONS • LETTER CARRIER FOOD DRIVE DAY A proclamation was given declaring May 12, 2001 as Letter Carrier Food Drive Day in the City of Yakima. The proclamation was accepted by Greg Jones. Council Member Buchanan spoke against the draft letter to Senator Patty Murray requesting heavier freight trucks not be allowed to operate in Washington which was supplied in the Council's packet. Council Member Mattson spoke in favor of the draft letter to Washington Utilities and Transportation Commission re: Support of telecommunications competition, also supplied in the Council's packet. Council Member Buchanan commented on the condition of the planter strips as a result of laying fiber optic cable around town. 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. 6 was added and Items Nos. 13A. and 13B. were removed. The Acting 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; Beauchamp absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda • handled under one motion without further discussion.) 200 MAY 1, 2001 *A. APPROVAL OF THE MINUTES OF THE APRIL 17, 2001 BUSINESS MEETING AND MARCH 20, AND APRIL 24, 2001 ADJOURNED MEETINGS The minutes of the April 17, 2001 Business Meeting and March 20, and April 24, 2001 Adjourned meetings 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 Richard Andring, 203 South 8th Avenue, spoke against the new graffiti ordinance. He was unhappy about a group coming through and painting over the ' graffiti on his garage. He said he called the Police Department to file a complaint about it and they would not cooperate. He did publicly compliment the Refuse staff for their hard work. CITY MANAGER'S REPORTS *6. CONSIDERATION OF REPORT REGARDING POLICE SERVICE DOGS The proposal authorizing the Police Department to purchase and deploy two police K -9 teams was approved. 7. CONSIDERATION OF REPORT FROM TRAFFIC ENGINEERING AND POLICE DEPARTMENT REGARDING 18 STREET AND MEAD AVENUE TRAFFIC ISSUES AND SAFETY ENFORCEMENT Shelley Willson, Streets and Traffic Operations Manager, advised the report had been supplied to Mr. Emmet Svendson and the principal of Martin Luther King Elementary. BARNETT MOVED AND MATTSON SECONDED TO ACCEPT THE REPORT. The motion carried by unanimous voice vote; Beauchamp absent. 8. CONSIDERATION OF REPORT FROM TRAFFIC ENGINEERING AND LEGAL REGARDING CITIZEN CONCERN RELATING TO TRAFFIC ISSUES AND PROPOSALS AT 32 AVENUE DEVELOPMENT AND SCHOOL CROSSING FLAG PLACEMENT AT 34 AVENUE Shelley Willson, Streets and Traffic Operations Manager, said they would watch as the development progresses to determine where the signs should be. BUCHANAN MOVED AND BARNETT SECONDED TO ACCEPT THE REPORT. The motion carried by unanimous voice vote; Beauchamp absent. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE BANK OF NEW YORK FOR INVESTMENT SECURITY CUSTODIAL SERVICES RESOLUTION NO. R- 2001 -70, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Security Custody Services 2 201 MAY 1, 2001 RESOLUTION NO. R- 2001 -70, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Security Custody Services Agreement with The Bank of New York for provision of investment security custody services. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH SPOKANE COUNTY RESOLUTION NO. R -2001 44 —113 *, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Spokane County. *11. SET DATE OF PUBLIC HEARING FOR MAY 15, 2001 FOR: A. REFUSE AUTOMATED EQUIPMENT May 15, 2001 was set as the date of public hearing to receive comments about the proposed change in service to implement a fully- automated refuse collection system. B. OPERATION OF TRANSIT FIXED ROUTE #3 May 15, 2001 was set as the date of public hearing to receive comments on whether or not Transit's Fixed -Route #3 operation should be returned to City forces or remain with a private contractor. *12. APPROVAL OF AN AMENDED VERSION OF RIGHT -OF -WAY USE PERMIT FOR PEDESTRIAN BRIDGE REQUESTED BY YAKIMA VALLEY COMMUNITY COLLEGE The amended Right -of -Way Use Permit for the construction of a pedestrian bridge over Nob Hill Boulevard, east of 16 Avenue, requested by the Yakima Valley Community College was approved, with conditions contained in a Right of Way Use Permit Conditions agreement attached to the minutes. 13. CONSIDERATION OF LEGISLATION RELATING TO SPORTS COMPLEX PROPOSAL: A. RESOLUTION,CALLING FOR SEPTEMBER PRIMARY BALLOT PROPOSITION TO INCREASE PRIVATE UTILITY TAXES BY 1% TO FINANCE A SPORTS COMPLEX Richard Andring, raised many questions. He was advised the answers to his questions were in the Sports Complex Project report and he was given a copy for his review. He stated he was in favor of the project. Bill Doyle, 1218 North 20 Avenue, said he is in favor of the sports complex however he's concerned about the voters. He feels they are still of the attitude of "no more taxes" and the ballot will not pass. He said this would be a blow to the City of Yakima. *Due to a numbering error Resolution R- 2001 -71, Interlocal Purchasing Agreement was changed to R- 2001 -113. The resolution regarding the September ballot to increase private utility taxes to finance a sports complex is both R- 2001 -71 and R- 2001 -72. 3 2 0 2 MAY 1, 2001 Greg Luring, 4305 Scenic Drive, representing Yakima Rotary Trust briefly addressed what the sports complex will do for the City of Yakima. He noted the high concentration of youth in the area of the planned complex. He also pointed out that after the fourth year $200,000 will be dedicated to Parks and Recreation to generate other projects in the community. With regard to the voters he said there is a campaign committee set up to get out in'to the community to explain the project. He also said the Kiwanis, Rotary and Lions clubs will be developing the remainder of Kiwanis Park into a youth sports facility. Elsie Gregorich, 1516 Browne Avenue, gave her enthusiastic support of the project. She also expressed concern about the voters and offered her services to help garner support. Mel Wagner, 4704 Hilltop Lane, said they were aware this was going to be a tough sell but if they answered everbody's questions and helped the public understand the project he felt they would get the support from the people of Yakima. The acting City Clerk read the resolution by title; SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. R- 2001 -71 & -72 *, A RESOLUTION concerning taxation of private utilities, calling for a special election to approve a 1` increase in the utility tax rate on electrical energy, telephone, natural gas, and cellular /wireless telephone service businesses to pay for a publicly -owned Sports Complex at Kiwanis Park. B. RESOLUTION AUTHORIZING EXECUTION OF INTERIM CONSULTING SERVICES AGREEMENT WITH BIG LEAGUE DREAMS The acting City Clerk read the resolution by title; SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. R- 2001 -73, A RESOLUTION authorizing the City Manager to enter into an agreement with Big League Dreams USA, LLC for Interim Consulting Services related to the establishment of a Sports Complex at Kiwanis Park. Council Member Mattson commented that he too, as a voter, wants to be asked before his taxes are raised and the citizens of Yakima will have that opportunity. He said arts, fiber optic grants, a port district, tourism, are all spokes in the wheel of making our economy stronger and that we, as citizens, need to dip into our own pockets to make Yakima better. *Due to a numbering error Resolution R- 2001 -71, Interlocal Purchasing Agreement, was changed to R- 2001 -113. The resolution regarding the September ballot to increase private utility taxes to finance a sports complex is both R- 2001 -71 and R- 2001 -72. 4 203 MAY 1, 2001 ORDINANCES *14. CONSIDERATION OF ORDINANCE GRANTING TELECOMMUNICATIONS SYSTEM FRANCHISE TO NORTHWEST MICROWAVES, INC. ORDINANCE NO. 2001-20, AN ORDINANCE granting a non - exclusive franchise to Northwest Microwave, Inc. ( "NMW ") to construct, operate and maintain a Telecommunications System, with all necessary facilities, within the City of Yakima, Washington ( "the City "); setting forth provisions, terms and conditions accompanying the grant of this Franchise; providing for City regulation of construction, operation, maintenance and use of the Telecommunications System; prescribing penalties for the violations of its provisions; and setting an effective date. *15. SECOND READING OF ORDINANCE AMENDING THE 2001 BUDGET AND APPROPRIATING FUNDS FOR WASTEWATER CAPITAL IMPROVEMENTS, IMPLEMENTING THE DEL MONTE SETTLEMENT AGREEMENT ORDINANCE NO. 2001 -21, AN ORDINANCE amending the 2001 budget for the City of Yakima; and making an appropriation of $1,420,000 in the 478 - Wastewater Facility Project fund for expenditure during 2001 for construction and rehabilitation of the Wastewater Treatment Facility. *16. CONSIDERATION 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 ORDINANCE NO. 2001-22, AN ORDINANCE concerning land use and zoning regulation and requirements for off street parking, amending the parking exempt area in the downtown Central Business District as depicted on Figure 6 -1 of Yakima Municipal Code §15.060.040, amending Yakima Municipal Code §15.060.040, and amending the requirements for off street parking applicable to commercial agricultural packing processing plants and storage facilities, and to wholesale trade /warehouses as depicted on Table 6 -1 of Yakima Municipal Code § 15.060.040. QUASI- JUDICIAL PUBLIC HEARINGS 17. 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 AND APRIL 24, 2001) • Staff submits recommendation Dan Valoff, Associate Planner, explained that this public hearing was on the compensation aspect of this right -of -way vacation only. Originally the Hearing Examiner had stated there would be no compensation required by the applicant. At the closed record hearing conducted December 14, 2000, the City Council remanded it back to the Hearing Examiner on the compensation issue. On February 22, 2001 the Hearing Examiner amended the record recommending 5 2 04 MAY 1,2001 compensation in the amount of $74,500 for the vacation. Based upon other vacations, such as the recent Shields vacation, and using an average of $0.90 per square foot based on 1/2 of the assessed value, staff is recommending a compensation amount of $22,500 for this right -of -way vacation. • Council members react to reduction The Council members reacted to the reduced amount asking what it was based on and why hadn't they received this information prior to the meeting. The discussion went into reviewing the compensation policy in Resolution D -5630. Doug Maples, Codes Division and Planning Manager, reviewed the resolution which has three options. 1) If the City had bought the property and maintained it, the entire appraised value is paid to the City. 2) If the City just maintains the road, then compensation would be half of the appraised value. 3) If there was nothing done by the City, there would be no payment required. He said Public Works has determined that they maintained it over the life of the road. Therefore, compensation was calculated at one -half of the appraised value which is $74,500. When the question was asked as to why staff was now recommending $22,500 based on assessed value rather than appraised value, the answer was to be consistent with the recent action on the Shields vacation which used the assessed value. • Opened Public Hearing Mayor Place opened the Public Hearing. • Living Care Center attorney gives 'review James Carmody, the attorney representing the Living Care Center, clarified the three categories on whether or not compensation is required in a street vacation. He said no compensation is required if the City has not maintained, purchased, or made any improvements on the property. He further stated that the City did not expend any monies on this road. During their research to determine if the City had done anything to maintain the road they received a letter from Joan Davenport listing improvements. The items listed, e.g. "No Parking" signs, etc., are not on the vacated part of the street. Mr. Carmody referred back to the first vacation discussions. One of the commitments from The Living Care Center was to dedicate the right -of -way on 40` Avenue. This was, in effect, a trade. He referred to a letter from Kevin Callow confirming that the City Engineer agreed with the concept of no charge for the area in the right -of -way vacation in lieu of the new right -of -way dedication and improvement. Mr. Carmody also presented information on the 1965 LID that originally created the road. It is their opinion that based on this information no compensation should be required. Carol Masterson, 1114 South 32 Avenue, said that as a taxpayer no compensation does not seem fair, but in light of this being a non - profit organization, she suggested a compromise in the compensation amount. Larry Peterson, Assistant City Attorney, reminded the Council that this is a policy as opposed to an ordinance and it could be reshaped if necessary to do more justice. 6 MAY 1, 2001 205. SIMS MOVED AND PUCCINELLI SECONDED TO ACCEPT COMPENSATION IN THE AMOUNT OF $22,500 BASED ON THE FACTS OF THE INTENDED SWAP OF PROPERTY ON 40 AND TO BE CONSISTENT WITH THE PROCESS THAT WAS USED ON THE SHIELDS PROPERTY. The motion carried by a 4 -2 roll call vote; Buchanan and Mattson voting nay; Beauchamp absent. Council Member Mattson explained he voted nay because he is unsure that an LID actually built this road and the fact that there was 36 years of maintenance provided by the City. He feels the value of that service is worth more to the taxpayers than $22,500. Council Member Buchanan agreed. 18. OTHER BUSINESS • Information Items Items of information provided to Council were: Memorandum from Yakima Valley Conference of Governments re: Census 2000 Count Question Resolution Program; 4/23/01; Agenda for the May 10, 2001 Yakima Downtown Association meeting and minutes of its April 5, 2001 (DARC) meeting; Agenda for the May 2, 2001 Community Review Board meeting; Planning Division Assignments Pending Report as of May 1, 2001; and Yakima Valley Conference of Governments Newsletter; April 2001 19. EXECUTIVE SESSION REGARDING PERSONNEL ISSUE BUCHANAN MOVED AND/SIMS SECONDED TO ADJOURN TO EXECUTIVE" SESSION REGARDING PERSONNEL ISSUE AND THEN TO MAY 15, 2001 AT 7:30 A.M. IN THE COUNCIL CHAMBERS FOR STUDY SESSION ON STORMWATER. The motion carried by unanimous voice vote; Beauchamp absent. 20. ADJOURNMENT The meeting adjourned at 4:00 p.m. READ AND CERTIFIED ACCURATE BY' . i _ d C• i t CIL MEMBER 'iATE /: COUNCIL MEMBER D TE ATTEST: ' CTING CITY CLERK v //MARY PLACE, MAYOR Minutes prepared by Linda Watkins. An audio video tape of this meeting are available in the City Clerk's Office 7