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Home My WebLink About07/17/2001 Business Meeting 247 CITY OF YAKIMA BUSINESS MEETING OF THE CITY COUNCIL JULY 17, 2001 - 2:00 P.M. 129 NORTH 2 STREET - COUNCIL CHAMBERS 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Puccinelli, and Bernard Sims Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts Absent: Larry Mattson (excused) 2. INVOCATION /PLEDGE OF ALLEGIANCE/ OBSERVE MOMENT OF SILENCE TO HONOR FIREFIGHTERS TOM CRAVEN, KAREN FITZPATRICK, DEVIN WEAVER, JESSICA JOHNSON AND INJURED FIREFIGHTER JASON EMHOFF Mayor Place asked for a moment of silence to honor the four fallen firefighters and then gave the invocation. The Pledge of Allegiance was led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL PRESENTATION A. PROCLAMATIONS There were no proclamations. B. YARD OF THE MONTH RECOGNITION Lynn Quesenbury, Parks and Recreation Administrative Specialist, announced the Yard -of- the -Month recipients: Zone 1 Northwest Margaret Cunningham, 4206 Richey Road Zone 2 Southwest Ronald Haas, 1315 South 34 Avenue Zone 3 Southeast Penny Johnston, 1210 South 14 Avenue Following a video showing the yards of the month, mugs and certificates were presented to the winners. 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. 18 was removed from the Consent Agenda and Item No. 6 was added. The acting City Clerk read the Consent Agenda items, including 24 8: JULY 17, 2001 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; Mattson 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 THE MAY 15, 2001 ADJOURNED MEETING AND JUNE 19, 2001 BUSINESS MEETING The minutes of the May 15, 2001 Adjourned Meeting and June 19, 2001 Business 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 • Neighbor problems Barbara Burke, 417 North 5 Avenue, and Hazel Hughes, 409 North 5th Avenue, spoke to Council about problems they are having with a neighbor at 411 North 5 Avenue. They have contacted the Codes Division and the Police about noise, debris, and the tenant doing auto repair work within a residential neighborhood and noise late at night. Doug Maples, Code Administration and Planning Manager, advised that inspectors have been out to this site thirteen times in the last two months. Both the tenant and the owner have been advised a repair facility cannot be operated at this location and that the property needed to be cleaned up. The site has been cleaned up and the vehicles parked on the property have been verified to be registered to the tenant. Jeff West, Senior Assistant Attorney, explained the current City code on disturbances and clarified that if he is working on any vehicles and it is a continuous and ongoing problem disturbing the peace of the neighbors there could be a basis for a criminal charge. BUCHANAN MOVED AND SIMS SECONDED TO HAVE STAFF FOLLOW UP ON THE ISSUE OF PURSUING A CRIMINAL CITATION OR CIVIL PROCESS. The motion carried by unanimous voice vote; Mattson absent. • Disagree with proposed zoning Clarence Gipson, 1315 South 40 Avenue, raised concern about a proposal to change the zoning on Logan Avenue between 38 and 40 Avenues to arterial commercial to allow businesses in that area. Mr. Gipson was advised by Doug Maples, Code and Planning Manager, that this proposal had been denied by the Regional Planning Commission and will not be going forward at this time. • Support for Sports Complex Elsie Gregorich, 1516 Browne Avenue, spoke in support of the Field of Dreams sports complex. She had a few questions regarding the project and was given a copy of the Sports Complex report for her review. 2 JULY 17, 2001 249 CITY MANAGER'S REPORTS *6. RECONSIDERATION OF COMMUNITY SERVICES AGENCIES PROPOSALS FOR CDBG FUNDING FOR 2001 (See Resolution approving grant requests) RESOLUTION NO. R -2001 -104, A RESOLUTION approving a total of $125,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington; ratifying a contract with Best Self; and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between • the City of Yakima and the remaining community service agencies. *7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF TECHNICAL ASSISTANCE AGREEMENT WITH THE NATIONAL DEVELOPMENT COUNCIL FOR ECONOMIC DEVELOPMENT ASSISTANCE RESOLUTION NO. R- 2001 -105, A RESOLUTION authorizing the City Manager to execute a Technical Assistance Agreement with the National Development Council (NDC) for the purpose of obtaining technical assistance services related to local, state and federally funded community and economic development projects and activities. *8. CONSIDERATION OF LEGISLATION RELATING TO TROLLEY BARN: A. RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH COMPREHENSIVE MENTAL HEALTH FOR THE TROLLEY BARNS RESOLUTION NO. R- 2001 -106, A RESOLUTION authorizing'and directing the City Manager of the City of Yakima to execute a long -term lease agreement with Central Washington Comprehensive Mental Health in order to lease certain property to be used for the operation and promotion of an electrical railway system and electrical railway museum. B. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH WARDELL ARCHITECTS FOR DESIGN OF A ROOFING CONTRACT FOR THE YVT BUILDINGS (TROLLEY BARN) RESOLUTION NO. R- 2001 -107, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a contract with Wardell Architects,, P.S. for Design Services for re- roofing the Yakima Valley Transportation (YVT) Co. Substation Building and Maintenance (Car barn) Building at 306 West Pine Street, Yakima, Washington. 3 250. • JULY 17, 2001 *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH NORTHWEST SIGNAL TRAFFIC ENGINEERING FOR ENGINEERING INSPECTION ON CBD SIGNALIZATION PROJECT RESOLUTION NO. R- 2001 -108, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Professional Services Agreement with Northwest Signal (NWS) Traffic Engineering to assist the City with inspection of the CBD Signal Modifications Project. This work will include construction staking and testing of installed improvements to the downtown signal system. The cost for this consultant work extension is $89,137, which includes all costs associated with this inspection work. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF EDUCATIONAL SERVICES AGREEMENT WITH YAKIMA SCHOOL DISTRICT NO. 7 FOR FIREFIGHTER TRAINING RESOLUTION NO. R- 2001 -109, A RESOLUTION authorizing the City Manager to execute an agreement with Yakima School District No. 7 for educational services for fire fighter training and further authorizing the City Manager to execute agreement with the Yakima Fire Department to provide educational instruction for fire fighter training. *11. CONSIDERATION OF RESOLUTION ESTABLISHING A MEDICAL SAVINGS ACCOUNTNOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION (MSANEBA) PLAN FOR MANAGEMENT EMPLOYEES RESOLUTION NO. R- 2001 -110, A RESOLUTION authorizing the establishment of a Medical Savings AccountNoluntary Employees' Beneficiary Association ( "MSANEBA ") Plan for management employees. *12. CONSIDERATION OF LEGISLATION RELATING TO NORTH FRONT STREET BUSINESS IMPROVEMENT ASSOCIATION: A. RESOLUTION INITIATING REFORMATION OF A PARKING AND BUSINESS IMPROVEMENT AREA FOR THE NORTH FRONT STREET AREA RESOLUTION NO. R- 2001 -111, A RESOLUTION of the City Council of the City of Yakima, Washington, initiating the reformation of a parking and business improvement area for the North Front Street area of the City. B. RESOLUTION SETTING A DATE OF PUBLIC HEARING FOR AUGUST 7, 2001 ON THE REFORMATION OF A PARKING AND BUSINESS IMPROVEMENT AREA IN THE NORTH FRONT STREET AREA OF DOWNTOWN YAKIMA August 7, 2001 was set as the date for public hearing 4 25I JULY 17,2001 RESOLUTION NO. R- 2001 -112, A RESOLUTION fixing a time, date, and place for a public hearing on the reformation of parking and business improvement area in the north Front.Street area of downtown Yakima. *13. CONSIDERATION OF REAPPOINTMENT OF KIT PARK TO THE AIR TERMINAL BOARD Kit Park was reappointed to the Yakima Air Terminal Board for a term of July 1, 2001 — June 30, 2005. *14. APPROVAL OF 1998 -2000 VEHICLE INCIDENT /COLLISION REPORT The Vehicle Incident/Collision Report for 1998, 1999 and 2000 was accepted. *15. SET DATE OF PUBLIC HEARINGS FOR AUGUST 21, 2001 FOR: A. 72 AVENUE ANNEXATION August 21, 2001 was set as the date of public hearing on the 72 Avenue Annexation. B. CONGDON ANNEXATION August 21, 2001 was set as the date of public hearing on the Congdon Annexation. ORDINANCES 16. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO PIT BULL REGULATIONS The various changes to the amendment were discussed in detail. The major concern expressed by Council Member Puccinelli was with regard to people moving into Yakima unaware of the ordinance and what the process would be to notify them and allowing them to make other arrangements for their pets. He was assured that the process includes a verbal warning first, followed by a written warning, the dogs are micro - chipped and they are given 30 days to remove the dog from the City. BUCHANAN MOVED AND SIMS SECONDED TO APPROVE THE ORDINANCE. The motion carried by 5 -1 roll call vote, Barnett voting nay and Mattson absent. ORDINANCE NO. 2001 -32, AN ORDINANCE relating to public safety and morals; amending the definition of "pit bull dog," creating an exception for pit bull dogs at dog shows and canine sporting events; making possession of a pit bull dog a gross misdemeanor and imposing mandatory penalties therefor; amending sections 6.18.010, 6.18.020, 6.18.025 and 6.18.026 and repealing section 6.18.030; all of the City of Yakima Municipal Code. 17. CONSIDERATION OF ORDINANCE DECLARING A WHISTLE BAN AT VARIOUS RAILROAD GRADE CROSSINGS 5 252 JULY 17, 2001 Council Member Puccinelli spoke about the long process it took to get to this point • where the actual whistle ban will be put in place. BUCHANAN MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. The motion carried by a unanimous voice vote; Mattson absent. ORDINANCE NO. 2001 -33, AN ORDINANCE concerning establishment of,a train locomotive horn "quiet zone" including the five at -grade crossings including "I" Street, "D" Street; Lincoln Avenue, "B" Street, and Yakima Avenue. 18. CONSIDERATION OF ORDINANCE ADJUSTING THE REFUSE RATES FOR AUTOMATED COLLECTION SYSTEM IMPLEMENTATION Council Member Barnett questioned the rate shown in the ordinance for the 96- gallon containers. He said he had previously understood it was to be the same as the two -can rate at $11.45. Public Works Director, Chris Waarvick, confirmed that $11.45 was the correct rate and the ordinance would be corrected. BARNETT MOVED AND SIMS SECONDED TO AMEND THE 96- GALLON CART TO READ $11.45. The motion carried by unanimous roll call vote; Mattson absent. BUCHANAN MOVED AND SIMS SECONDED TO PASS THE ORDINANCE AS AMENDED. The motion carried by unanimous roll call vote; Mattson absent. ORDINANCE NO. 2001-34, AN ORDINANCE relating to residential refuse and yard waste collection service rates, and providing rates for automated collection of 32 -and 96- gallon carts, and for call -back service, and amending section 4.16.010, and subsections 4.16.140(C)(1), 4.16.140(C)(2), and 4.16.140(D) of the Yakima Municipal Code accordingly. *19. CONSIDERATION OF ORDINANCE ADOPTING THE HEARING EXAMINER'S RECOMMENDATION AND REZONING PROPERTY LOCATED AT 2907 AND 3001 W. NOB HILL BOULEVARD REQUESTED BY MICHAEL DURALL ORDINANCE NO. 2001-35, AN ORDINANCE concerning land use and zoning, rezoning two parcels (approximately 1 1/2 acres) in the vicinity of 2907 and 3001 W. Nob Hill Blvd. from Two - Family Residential (R -2) to Local Business (B -2), and amending the Official Yakima Urban Area Zoning Map accordingly. 20. OTHER BUSINESS Mayor Place advised there is a need for a Stormwater Committee and asked for volunteers. Council Members Barnett, Sims and Mayor Place volunteered to be on the committee. SIMS MOVED AND BUCHANAN SECONDED TO HAVE GREG LIGHTYFILL THE VACANT UNEXPIRED TERM AND THE FOLLOWING FULL TERM ON THE CHARTER EMPLOYEES CIVIL SERVICE COMMISSION. The motion carried by unanimous voice vote; Mattson absent. Mayor place directed staff to contact Mr. Lighty and also to send an appreciation letter to Tim Carlson for his years of service. Dueane Calvin, Water and Irrigation Manager, distributed a memo regarding the need for water restrictions due to drought conditions and a potential schedule for 6 2513 JULY 17, 2001 accomplishing same. The Bureau of Reclamation is continuing to reduce the flow of the Naches River which is impacting the diversions for the Fruitvale Power Canal. It is suggested that by mid - August at the latest, the customers on • the Fruitvale Power Canal will need to be put on a rotation basis. This will affect approximately 2,000 accounts. It is the intent to notify these people as soon as possible. Council Member Sims asked for assurance that the water rights and usage that will be reflected for the year 2001 will not influence the amount of water available in the future. Mr. Calvin explained that rights are based on five years of non -use, not one year, so one year in any cycle of use is not detrimental to the water right. It was the consensus of Council to have the City Manager make a declaration of an emergency situation and go forward with the implementation of this rotation plan. CLOSED RECORD PUBLIC HEARING . 21. CLOSED RECORD HEARING TO CONSIDER APPEAL OF HEARING EXAMINER DECISION DENYING APPEAL OF NOTICE OF NONCOMPLIANCE FOR ILLEGAL DWELLING AT 1103 SOUTH 32 AVENUE, FILED BY CHRISTOPHER LANDREAU This item was withdrawn from the agenda. Mayor Place read a letter submitted by the appellant, Christopher Landreau, withdrawing the appeal. 22. EXECUTIVE SESSION REGARDING PROSPECTIVE AND PENDING LITIGATION (ALLOW APPROXIMATELY 30 MINUTES) BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION REGARDING PROSPECTIVE AND PENDING LITIGATION FOLLOWED BY ADJOURNMENT TO AUGUST 7, 2001 AT 7:30 A.M. FOR REVIEW OF FOLLOW -UP ACTIONS TO INQUIRY PANEL RECOMMENDATIONS REGARDING THE YAKIMA POLICE DEPARTMENT. The motion carried by unanimous voice vote; Mattson absent. 23. ADJOURNMENT Following Executive Session the meeting adjourned at 5:10 p.m. ` - - ___� READ AND CERTIFIED ACCURATE BY: ) A c , e -„ e ,/j , /c/t74/ O NCIL M 4 BER DATE 0 � �� ILA r"�' '-� DATE ATTEST: I I�t,� _� • /, .y . ' .21 , ' /le_e___ ACTING CITY CLERK Y PLACE, MAYOR 7