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HomeMy WebLinkAbout08/07/2001 Adjourned Meeting / Study Session 254 AUGUST 7, 2001 ADJOURNED MEETING - STUDY SESSION 7:30 A.M. -129 NORTH 2 STREET - COUNCIL CHAMBERS REVIEW OF FOLLOW -UP ACTIONS TO INQUIRY PANEL RECOMMENDATIONS REGARDING THE YAKIMA POLICE DEPARTMENT THIS MEETING WAS CANCELED * * * * * * * ** * * * * * * * * * * * * * * * * CITY OF YAKIMA BUSINESS MEETING OF THE CITY COUNCIL AUGUST 7, 2001 - 2:00 P.M. 129 NORTH 2 STREET - COUNCIL CHAMBERS 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, City Attorney Paolella and City Clerk Roberts Absent: Henry Beauchamp (excused) 2. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was given by Council Member Puccinelli, followed by the Pledge of Allegiance led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL PRESENTATION A. PROCLAMATIONS • YAKIMA'S NIGHT OUT AGAINST CRIME AND DRUGS Mayor Place read a proclamation proclaiming Tuesday, August 7, 2001 as National Night Out Against Crime and Drugs in the City of Yakima. The proclamation was accepted by Willette Cheatom. • NATIONAL CLOWN MONTH Mayor Place read a proclamation proclaiming August 2001 as National Clown Month. Dionetta Hudzinski, in full costume, was present to accept the proclamation. She distributed official clown noses to all Council members and staff seated at the horseshoe. 2.5:5 AUGUST 7, 2001 B. YARD OF THE MONTH RECOGNITION Lynn Quesenbury, Parks and Recreation Administrative Specialist, announced the Yard -of- the -Month recipients: Zone 1 Northwest Shirley Belfield, 701 North 43 Avenue Zone 2 Southwest ' Bob and Kathe Arambul, 6215 Tieton Drive Zone 3 Southeast Leah' Dyson, 221 South 18 Avenue Zone 4 Northeast Barbara Burke, 417 North 5 Avenue Following a video showing the yards of the month, a certificate and mug were presented to those winners present. 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. The City Clerk noted there was a substitute ordinance for item 17B that changed the effective date otherwise there were no changes to the Consent Agenda. 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; Beauchamp 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 JUNE 5, 2001 ADJOURNED MEETING, JULY 10, 2001 SPECIAL MEETING AND JULY 17, 2001 BUSINESS MEETING The minutes of the June 5, 2001 Adjourned meeting, July 10, 2001 Special Meeting and July 1.7, 2001 Business 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 Troy Emmons,1016 South 49 Avenue, requested an update on the Sports Complex lease agreement. City Manager Zais explained negotiations are - ongoing between the City and the Big League Dreams Corporation. There is a steering committee consisting of Mayor Place, Council Members Puccinelli and Sims, city staff and legal representatives. He said they hope to complete negotiations in the next two weeks thereby having it available for Council review on August 21st. He explained there are three agreements involved, a lease agreement, a license agreement, and a continuation of the consulting agreement. He referred to the examples of agreements supplied in the Sports Complex report noting that Yakima's agreements, although tailored for Yakima, will not be too dissimilar. 2 256 AUGUST 7, 2001 Lynne Kittelson, 305 North 9th Street, announced that the League of Women Voters in Yakima County will be holding a public forum on the Sports Complex. Tara Thomas of KIMA Television will be the moderator. She said there will be two speakers each for the pro and con positions. There will also be people available to supply technical expertise. This forum will be held at 6:30 p.m. on August 16, 2001 at the Yakima Convention Center. Council Member Sims asked Ms. Kittelson if the League of Women Voters will sponsor a forum for the council race. She responded that she thought so but would confirm that information after their next meeting. Phil Pleasant, 1202 Fair Avenue, referred to a publication he brought regarding development at Hanford. He questioned Council on what they were doing to help him and his people in obtaining some of the millions of dollars the government is providing for those projects. When Council Member Mattson asked Mr. Pleasant exactly what he thought the Council could do to help people get jobs on this project, Mr. Pleasant said he wanted to know what plans the City had to get Yakima citizens involved. Elsie Gregorich, 1516 Browne Avenue, expressed concern that the area designated for the Sports Complex is a lower income area and that Kiwanis Park was the only place the residents could enjoy themselves at no expense. She was advised by Council that there are other parks in the area that will remain, such as Washington Park. Also, a third of Kiwanis Park will stay open to the public and will be developed for kid's activities. Mrs. Gregorich also reminded Council that the irrigation on the northeast side still needs to be resolved. Clarence Gipson, 1315 South 40 Avenue, as the chair of the 14 Legislative District Democratic Committee, advised that they will be having a Council candidates forum at their monthly meeting to be held August 20 The public is invited to attend. The meeting will be in the Commissioners' Hearing Room in the County Court House at 7:00 p.m. All Council candidates have been invited; currently, six have ,agreed to attend. PUBLIC HEARING 6. PUBLIC HEARING TO CONSIDER INITIATION OF THE REFORMATION OF A PARKING AND BUSINESS IMPROVEMENT AREA IN THE NORTH FRONT STREET AREA OF DOWNTOWN YAKIMA (See Ordinance) Vaughn McBride, Community Development Specialist, explained this hearing is to reestablish the Parking and Business Improvement Area on Front Street that started originally in 1996. The PBIA is a method for business owners to tax themselves in order to provide funds to make necessary improvements to their district. 3 257 AUGUST 7, 2001 • Mayor Place opened the public hearing. Brad Mellotte, an attorney representing Richard Dameyer the owner of the Cascade Hotel and Senator Apartments, said his client wholeheartedly approves the petition and would have been happy to sign it had he been approached. • Mayor Place closed the public hearing. • The City Clerk read the ordinance by title only, and SIMS MOVED AND BUCHANAN SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Beauchamp absent. ORDINANCE NO. 2001-36, AN ORDINANCE of the City of Yakima, Washington, initiating the reformation of a parking and business improvement area in the North Front Street area of downtown Yakima, and establishing special assessments for certain uses and projects within such parking and business improvement area as provided herein. CITY MANAGER'S REPORTS 7. CONSIDERATION OF RESOLUTION APPROVING A GRANT REQUEST FROM THE HISPANIC CHAMBER OF COMMERCE AND AUTHORIZING EXECUTION OF GRANT DOCUMENTS, INCLUDING A GRANT AGREEMENT Bill Cobabe, Office of Neighborhood Development Services Manager, noted the funds will be used to help members of the Hispanic Chamber of Commerce who need assistance in learning laws and customs and to deal with language problems. He reviewed the contingencies attached to the request; 1) the funds would only be available if the Hispanic Chamber is able to secure other funds, therefore they would be matching funds; 2) submission of a business plan, 3) letter of support from the Greater Yakima Chamber of Commerce because of parallel groups within the community and; 4) the particular services funded with City money must go toward services provided for business that are located within the City. Mr. Cobabe said the Committee requested a motion be made to remove the contingencies by August 1, 2002, noting that would allow them one year to comply. Velma Perez, Hispanic Chamber of Commerce President, spoke about her experience in starting a business and wanting to assist the Spanish speaking individuals who want to start their own businesses. Mayor Place asked Ms. Perez to explain to the audience why we need two Chambers of Commerce. Ms. Perez said the main reason was the language barrier. She said in 2000 there were 150 new Latino businesses and although they lost 50 of them, another 50 have been added. Juven Garcia, 1010 South 20 Avenue reiterated that the main Chamber of Commerce does not provide services for the Hispanic community mainly because of the language barrier. He explained this grant is an opportunity for the City to give an economic base for these businesses. He also 4 258 AUGUST 7, 2001 sees this as two communities working in unison. Lynne Kittelson, 305 North 9` Street, commended the Hispanic Chamber of Commerce for this program and reinforced it's importance to the community. SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. R- 2001 -114, A RESOLUTION approving a $25,000 grant request from the Hispanic Chamber of Commerce to be made from federal CDBG funds to assist with the costs of creating the Hispanic Business Resource and Technology Center. 8. CONSIDERATION OF REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REGARDING LEGISLATION PERTAINING TO THE COMMUNITY REVIEW BOARD PROCESS Doug Maples, Code Administration & Planning Manager, explained that the comments from the June 19, 2001 study session on the Community Review Board were used to develop a working draft. Larry Peterson, Assistant City Attorney, explained the changes to the document. There was discussion about the right -to -entry passages and the power to order repair or demolition. It was the consensus of Council to delete the power to order repair or demolition from this ordinance as the power already exists in the Uniform Building Code and the Code for Abatement of Dangerous Buildings. It was the consensus of Council that the Review Board be allowed to select the chairman. Council Member Buchanan suggested that that the chairman shouldn't be limited to one year saying he felt all committees should be under the same rules. Council Member Puccinelli agreed. Council Member Sims suggested leaving it at a year but allowing them to select their own chair. Mr. Peterson clarified that the timing of the offices should be October not January as shown in the text. He also commented there are additional places where the word "order", referring to the document that will be issued to start an enforcement action, will be changed to "notice ". He distributed a draft rewrite of section 6.10 with the intent of making it more readable. There was discussion on the issue of no new evidence being allowed in an appeal. It was pointed out that section 5.10 (2) addresses this concern and if there is good cause, new evidence can be introduced. Lynne Kittelson, speaking as the President of the North East Neighborhood Association said this whole system has done wonders for their neighborhood. She asked if these revisions will lengthen the procedure for getting something done or will it strengthen the procedure to get things done in a timely manner. She was advised that the intent is to simplify the process. Mrs. Kittelson also asked about the example that was supplied in the Council packets of 118 Swan 5 25.9 AUGUST 7, 2001 Avenue and what its current status was. Linda Rossignol, Code Compliance Officer, explained that this case has been ongoing since November 2000. They • currently do not have a warrant to enter and abate the property. They are working with the Legal Department on obtaining that warrant. Staff will bring back a revised ordinance after incorporating the suggested changes. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH BLACK & VEATCH RELATED TO DEVELOPMENT OF A REGULATORY COMPLIANCE AND PROFESSIONAL DEVELOPMENT PLAN RESOLUTION NO. R- 2001 -115, A RESOLUTION authorizing execution of contract with Black & Veatch, for management consulting services related to development of a regulatory compliance and professional development plan. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING/YAKAMA NATION 2% COMMUNITY CONTRIBUTION COMMITTEE RESOLUTION NO. R- 2001 -116, A RESOLUTION authorizing and directing the Mayor of the City of Yakima to execute the attached Memorandum of Understanding/Yakama Nation 2% Community Contribution Committee. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONCESSION LICENSE AGREEMENT WITH THE YAKIMA FARMERS' MARKET RESOLUTION NO. R- 2001 -117, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an exclusive concession license agreement with Yakima Farmers' Market, a non - profit corporation, to facilitate continued operation of a farmers' market at certain times within the City of Yakima. *12. CONSIDERATION OF RESOLUTION DECLARING THREE USED POLICE CARS AS SURPLUS AND AUTHORIZING SALE OF THESE CARS TO THE CITY OF MOXEE POLICE DEPARTMENT RESOLUTION NO. R- 2001 -118, A RESOLUTION declaring three used police cars to be surplus and authorizing sale of the cars to the City of Moxee Police Department. 6 26.0' AUGUST 7, 2001 *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT FOR APPLICANT TRACKING SOFTWARE RESOLUTION NO. R- 2001 -119, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Software License Agreement with Sigma Data Systems for an Applicant Management System. *14. APPROVAL OF RIGHT -OF -WAY USE PERMIT REQUESTED BY P &F AUTOMOTIVE WAREHOUSE TO CONSTRUCT FENCE AT 409 SOUTH FRONT STREET The Right -of -Way Use Permit requested by Peter G. & Frederick C. Pitzer dba P &F Automotive Warehouse for a fence around its employee parking lot at 409 South Front Street was approved. *15. APPROVAL OF FINAL CONTRACT PAYMENT FOR THE DOMESTIC WATER SYSTEM IMPROVEMENT PROJECT NO. 1912, PERFORMED BY CENTRAL CONCRETE & UTILITIES (ADOPT STANDARD MOTION V -B, ACCEPT THE PROJECT AND APPROVE FINAL PAYMENT) The report from the City Engineer, dated July 17, 2001, with respect to the completion of the work on the Domestic Water System Project (at Marti's Restaurant), Project No. 1912, performed by Central Concrete & Utilities, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *16. SET DATE OF PUBLIC HEARING FOR AUGUST 21, 2001 TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON A REQUEST FILED BY LEE AND KAREN CURRY TO VACATE A SEGMENT OF KING STREET BETWEEN SOUTH 7 AND 8 AVENUES August 21, 2001 was set as the date of public hearing to consider the Hearing Examiner's recommendation on a petition filed by Lee and Karen Curry to vacate a segment of King Street between South 7 and 8th Avenues. ORDINANCES *17. CONSIDERATION OF LEGISLATION RELATING TO COLLECTIVE BARGAINING AGREEMENT WITH AFSCME TRANSIT: A. RESOLUTION AUTHORIZING EXECUTION OF COLLECTIVE BARGAINING AGREEMENT FOR 2000 -2001 RESOLUTION NO. R- 2001 -120, A RESOLUTION authorizing and directing the City Manager of Yakima to execute the 2000 -2001 collective bargaining agreement with the Washington State Council of County and City Employees 7 26 1 AUGUST 7, 2001 representing Local 1122 Uniformed Transit Employees of the American Federation of State, County and Municipal Employees, AFL -CIO. B. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION • PLAN FOR AFSCME TRANSIT EMPLOYEES ORDINANCE NO. 2001 -37, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective August 10, 2001; amending Subsections 2.20.110 A and 2.20.110 D, both of the City of Yakima Municipal Code. C. FIRST READING OF ORDINANCE AMENDING THE 2000 BUDGET FOR AFSCME TRANSIT COLLECTIVE BARGAINING (NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED AUGUST 21, 2001) An Ordinance amending the 2001 budget and appropriating funds to provide for the AFSCME Transit contract settlement, was read by title only, and laid on the table until August 21, 2001 for a second reading. 18. OTHER BUSINESS Council candidates who were in the audience were invited to introduce themselves. Those in attendance were: Position #3 Troy Emmons 1016 South 49 Avenue Neil McClure 5708 Englewood Paul George 5305 Meadow Lane Court Ron Bonlender 212 North 7 Street Position #1 Joe Willis 1805 South 1 1 th Avenue, #2 Mayor Place advised of a request from AWC for a representative to serve on the Legislative Committee. Council Member Buchanan volunteered to sit on the committee. Council Member Mattson explained his absences at the last two council meetings stating he attended an AWC Conference in early July and a conference on climate change at the end of July. • Information Items Items of information provided to Council were: Agenda for the August 9, 2001 Hearing Examiner meeting; Notice of cancellation of the Charter Civil Service and Police & Fire Civil Service Commissions meeting; Planning Division Assignments Pending Report as of August 7, 2001; May 2001 Labor Area Summary Report for Yakima; and Article from the July 28, 2001 Seattle Post - Intelligencer, "Stand Up and Govern" 8 262 AUGUST 7, 2001 19. EXECUTIVE SESSION REGARDING PENDING LITIGATION (ALLOW APPROXIMATELY 20 MINUTES) BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION REGARDING PENDING LITIGATION FOLLOWED BY ADJOURNMENT TO APRIL 21, 2001 AT NOON FOR AN EXECUTIVE SESSION REGARDING PERSONNEL. 20. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 4:15 p.m. READ AND CERTIFIED ACCURATE BY: P �/.Glii'�� • f8� /S'� © 1 'OUNCIL MEMBE' DATE COUNCIL MEMB DATE ATTEST: 4 1)112-1"__ CITY CLERK -f Y PLACE, AYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 9