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HomeMy WebLinkAbout08/21/2001 Business Meeting 264 CITY OF YAKIMA BUSINESS MEETING OF THE CITY COUNCIL AUGUST 21, 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, Larry Mattson, John Puccinelli (after 2:08 p.m.), and Bernard Sims Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts 2. INVOCATION /PLEDGE OF ALLEGIANCE ' Council Member Beauchamp led the audience in the Pledge of Allegiance. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL PRESENTATION A. PROCLAMATIONS • NATIONAL TRUCK DRIVER APPRECIATION WEEK Council Member Buchanan read a proclamation designating August 25 through September 1, 2001 as National Truck Driver Appreciation Week. The proclamation was accepted by Leslie Sharp. B. YAKIMA CENTER ADVISORY COMMITTEE Mayor Place recognized the service of the Yakima Center Advisory Commission members and presented Certificates of Appreciation to two members who were present: Dick Eckel and Richard Ostrander. 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 added and Item No. 11 was removed from 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. Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one motion without further discussion.) • 2:65 AUGUST 21, 2001 *A. APPROVAL OF THE MINUTES OF THE JUNE 19, 2001 ADJOURNED MEETING AND AUGUST 7, 2001 BUSINESS MEETING The minutes of the June 19, 2001 Adjourned Meeting and August 7, 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 No one came forward to address the Council at this time. PUBLIC HEARINGS 6. PUBLIC HEARING ON CONGDON ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY) Bruce Benson, Associate Planner, explained the Congdon annexation was initiated March 20, 2001 and consisted of 76 parcels for an area of 911 acres. Thejarea population is 140 and has an assessed value of $20,908,000. • Mayor Place opened the public hearing. No one came forward to speak either for or against the annexation. • Mayor Place closed the public hearing. The City clerk read the ordinance by title only and IT WAS MOVED BY SIMS, SECONDED BY BUCHANAN TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2001 -38, AN ORDINANCE concerning annexation and providing for annexation of the Congdon Annexation; as approved by the Boundary Review Board, to the City of Yakima; maintenance of the current zoning of the area; notice to the WUTC of the City's intent to provide residential refuse collection and disposal service; assumption of a share of the City's current indebtedness by properties in the Congdon Annexation area; and an effective date of September 22, 2001. 7. PUBLIC HEARING ON SOUTH 72 AVENUE ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY) Bruce Benson said this annexation was initiated June 15, 1999 and consists of 2,238 parcels for an area of 1,141.5 acres. The population is estimated at 5,267 with an assessed value of $306,789,000. Larry Peterson, Assistant City Attorney, explained that Attorney John Moore filed an appeal of the Boundary Review Board decision yesterday. This appeal prevents the Council from completing the annexation at this time. He explained 2 • 266 AUGUST 21, 2001 further that this delay will also prevent the people in the annexation area from voting in the November election with respect to City Council candidates. It was the Legal Department's recommendation to receive the comments from people who came for the public hearing today and then continue the hearing until the September 18, 2001 Council meeting. Mr. Peterson said the City would try to negotiate with Mr. Moore to see if this item can be resolved, but it will not be done in the time frame required to allow the annexed area to be included in the November election for City issues. • Mayor Place opened the public hearing. Loran Kitts, 120 Alpine Way, asked what would happen to this annexation if the Supreme Court should rule against the legality of annexing based on the outside utility agreements. He also commented that it was his understanding that this annexation was taking place because of sewer systems being made available to many people in his district. He said there is no sewer line on his street and he cannot hook up to the one that does exist behind the homes on the opposite of the street. Therefore, he feels there is nothing being offered to him in this annexation including police and fire protection. Mr. Peterson explained that the Supreme Court decision is not a case that will decide whether or not outside utility agreements are valid. They were determined to be valid in 1993. The case being considered by the Supreme Court is an attack on the constitutional legality of the petition method of annexation. Mr. Peterson doesn't believe there is any reason for the City not to proceed as the law stands today. • Mayor place continued the public hearing. Mayor Place continued the South 72 Avenue Public Hearing to September 18, 2001. 8. PUBLIC HEARING ON 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 Dan Valoff, Associate Planner, introduced the details of the Public Hearing and advised that the Hearing Examiner rendered his decision to approve the right -of- way action on July,12, 2001. He said it is staff's recommendation to uphold the Hearing Examiner's decision. Mayor place commented that this is an open record hearing. Council Members' declarations consisted of Mayor Place stating she has received phone calls before and after the hearing and has visited the site. • Mayor Place opened the public hearing. No one came forward to speak against the vacation. 3 AUGUST, 21, 2001 267 Lee Curry, 1524 South 7 Avenue, explained they wanted the area closed to avoid vandalism, garbage and nuisance. Karen Curry, noted that in 1937 this land was dedicated to the County and was annexed into the City in 1996. Within that time period there is no record of either the County or the City maintaining the property. They have taken it upon themselves to maintain the property for safety and beauty. • Mayor Place closed the public hearing. BUCHANAN MOVED AND SIMS SECONDED TO ACCEPT THE HEARING EXAMINERS DECISION. The motion carried by unanimous roll call vote. Staff was directed to draw up the appropriate legislation. CITY MANAGER'S REPORTS 9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH BIG LEAGUE DREAMS City Manager Zais gave a general overview of the negotiation process. Scott Beyer, the attorney representing the City in these negotiations, explained the latest revisions. The first of which is the license fees will not be paid until certain conditions are satisfied. Those conditions include approval of the utility tax measure by the voters, land use approval on the property, and that final plans and specifications and budget must be approved by both parties. Finally, this project will not go forward and no license fee will be paid until the City has been able to issue bonds based upon bids received and accepted. Once all those provisions have been satisfied, the project will go forward and the license fee will be paid within 30 days of that date. Also negotiated into the lease is a refund of the license fee if the tenant were to default within three years. One other key negotiated item is the figure of 10% of revenues, which is a higher rate than is being paid in their most recent lease in California. Another aspect 'of that rate is the definition of gross revenues. He explained that the original lease contained a complex description of what were gross revenues. To simplify that computation, they have used the definition in Washington State Law that is similar to what is paid as far as B &O tax in the state of Washington. Big League Dreams will supply the City of Yakima with copies of their B &O tax monthly so there is verification of the amount due to City of Yakima. He reviewed other provisions of the lease, one of which is if Big League Dreams USA enters into any better agreement with anyone else in the future, our benefits will be modified to match those provisions. With regard to the business name, it is going to operate under the name Big League Dreams Yakima Sports Park. He went on to explain that there is a provision for a landlord non - competition clause that means we cannot organize or promote softball and baseball tournaments. However, there is nothing to restrict the City from renting our facilities. The Parks Department wanted a provision allowing the City to fund youth baseball if Big League Dreams ever chose not to organize the youth baseball teams and we will have the right to do that. 4 268 AUGUST 21, 2001 Mr. Beyer reviewed other provisions with regard to budgets, insurance, and employment diversity goals. He then emphasized that the tenant and Big League Dreams USA will not be able to license or develop a similar facility anywhere in the state of Washington. This includes the entire Puget Sound Area. Aileen Kane, 701 South 14 Avenue, expressed her desire to have local workers hired to do the actual construction. City Manager Zais explained that the project will be open for public bid and that any contractor licensed in the State of Washington has the right to submit a bid. Local contractors will be encouraged to bid, but ultimately the selection will be based on adherence to contract specifications and price. Council Member Beauchamp assured Ms. Kane that because of the difficulty for contractors to bring crews in from out of the area the chances are they will use local workers even if the contractor is not local. Robert Owen, 614 North 3 Street, suggested the vote on the lease be continued until after the election, thereby allowing the citizens to vote on it first. City Manager Zais explained it was the City's objective to have the lease available for public scrutiny before the vote. He clarified that the lease will not take effect until after voter passage of this measure. If the measure fails, the lease would not take effect. Scott Wilson, 2410 South 66 Avenue, addressed concerns regarding Little League. He suggested the provision in 8.3 be excluded or rewritten so it doesn't impact Little League as it currently exists. Denise Nichols, Parks & Recreation Manager, explained the non - competitive clause has nothing to do with the Little League program. Their home field is Elks Park and there is an agreement for them to continue their usage and nothing prevents us from continuing that contract with Little League. Scott Beyer explained that Little League would continue with their usage of city parks and school facilities and that we can continue to fund outside groups to actually organize youth baseball for 12 and under. Bob Hall, 1600 East Yakima Avenue, spoke as a representative of the promotions committee of the project. He complimented the staff on the end product being voted on today saying it is much better than we thought we would get and it will give the youth and the community an excellent product. He pointed out that the fifteen full -time jobs and seventy part -time jobs this agreement would bring are real jobs for our community. He strongly recommends Council endorse the lease as it has been prepared. Mike Nixon, speaking for the Parks and Recreation Commission, said they recommend this contract as something that represents a partnership. He emphasized that this is not something that came about in the last six months but they had started looking at the idea about nine years ago. The Commission recommends this contract and is sure it will enhance Yakima. • 5 269 AUGUST 21, 2001 Ron Bonlender, 212 North 7 Street, commented that leases are hard to read and are intimidating. What needs to be kept in mind is the spirit of negotiation and the people involved. D. S. Isenman, 619 South 12 Street, asked how the City can allow the selling and consumption of alcohol if they retain the right to the property. City Manager Zais responded that the current code for park property has alcohol restrictions but we have permitted the consumption of alcohol in other public -owned property such as the convention center and the airport restaurant. For revenue generation to reach expectations, the restaurant operation, including the • consumption of alcohol, is required. A change in the Municipal Code with regard to the park property will be required. Discussion continued regarding the Kiwanis Park area and the need for revitalization as well as improvements that have been made over the years. Mr. Isenman spoke of his dissatisfaction with the services he has received from the police and the increase in sewer rates. Joe Willis, 1805 South 1 1 th Avenue, feels there are a lot of loopholes in the lease agreement. He also feels the idea of using tax money to build a stadium is moot because Yakima has never voted for a tax increase for anything. He asked if there were alternate plans in case the measure fails. Mayor Place responded that if this fails at the ballot, there are currently no other plans. As a result of the sale of Larson Park, the City has a commitment to replace one ball field, but other than that there are no plans at this time. Council Member Beauchamp said one of the core values of this project is the economic tool to help bolster the local 1 economy. He said this project would set this community apart from any other community in the state of Washington and give us a significant advantage of being a desirable location for tournaments played in the state. He continued by saying no one thing is going to solve Yakima's problems but this will certainly help. Gordon Wonder, 5205 Sycamore Drive, said he is concerned about the proposal. He commented that he was a City Council member in the early 70's and described projects that were accomplished at that time without having to go to the taxpayers. He suggested that a port district would employ more people at higher wages and should be what the City should be striving for instead of the Sports Complex. Mr. Wonder commented that he has many more questions and comments, however, due to a medical problem he was unable to continue his testimony at this time. The Council took a five - minute recess and resumed the meeting at 4:05 p.m. Rick Pinnell, 3303 West Yakima Avenue, spoke of the teamwork with the various organizations working together and how the process itself has been very successful. He is very pleased with the enthusiasm he has seen exhibited by people. 6 27O AUGUST 21, 2001 Council Member Puccinelli professed his support for the Sports Complex but suggested that the lease not be approved until after the measure is voted on by the public. He feels the lease currently is not adequate. If the measure passes, he recommends using that as leverage in negotiating the lease or to put the project out for bid. The City Clerk read the resolution by title only and SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. Council Member Sims described the negotiating process complimenting the amount of contributions the members made. He said that, although we didn't get everything we asked for, Big League Dreams is the best company to do the job. Council Member Beauchamp also endorsed the company noting they have a vested interest in making this a success. He emphasized the fact that Yakima is in the business of winning and can make this thing work. The question was called for a vote on the motion. The motion carried by a 5 -2 roll call vote; Barnett and Puccinelli voting nay. RESOLUTION NO. R- 2001 -121, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a lease agreement with Big League Dreams Yakima, LLC for the Yakima Sports Complex. *10. CONSIDERATION OF STAFF REPORT RE PARKING RESTRICTION ON WALNUT BETWEEN 1 AND 4 STREETS • The staff recommendation to authorize removal of on- street parking along both sides of Walnut Street between South First and Fourth Streets to accommodate left turn lanes on Walnut Street at Second and Third Streets was approved. 11. CONSIDERATION OF RESOLUTION AUTHORIZING REMOVAL OF FIVE TREES WITHIN THE RIGHT -OF -WAY OF THREE ARTERIAL STREET INTERSECTIONS Lynne Kittelson, 305 North 9 Street and President of the North East Neighborhood Association, commented on the graffiti in town and the lack of shade. She claimed the removal of five trees was a knee -jerk reaction to a bigger problem, that of speeding drivers. She proposed that rather than cut down the trees, the stop bar be moved closer to the intersection. There was discussion on clearview and right -of -way problems at the affected intersections. Mrs. Kittelson proposed studying the traffic on both Lincoln Avenue and 9 Street before having the trees cut down. Chris Waarvick, Public Works Director, advised that this area is to be included in the transportation planning process. After discussion, the City Clerk read the resolution and BUCHANAN MOVED AND SIMS SECONDED TO REMOVE THE LAST THREE TREES ON THIS LIST AND DEFER THE REMOVAL OF THE FIRST TWO (1A AND 1 B) UNTIL THEY HAVE BEEN INVESTIGATED. MATTSON MOVED AND PUCCINELLI SECONDED TO AMEND THE MOTION TO INCLUDE TREE 1A AND CONDUCT A STUDY ON TREE 1B, THE MAPLE AT LINCOLN AVENUE AND 8 STREET. The amendment carried by a 5 -2 roll call vote, Buchanan and Barnett voting nay. The amended motion carried by a 5 -2 roll call vote, Buchanan and Barnett voting nay. 7 AUGUST 21, 2001 • 271 Mr. Waarvick said they would look at planting four replacement trees in other locations. Mrs. Kittelson requested the North East Neighborhood Committee be included in the study process. RESOLUTION NO. R- 2001 -122, A RESOLUTION authorizing the removal of four trees located within the City right -of -way at three arterial street intersections within the City of Yakima, Washington. . *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH ROD YARGER FOR FIREARMS RANGE INSTRUCTION FOR THE POLICE DEPARTMENT RESOLUTION NO. R- 2001 -123, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services agreement with Rod Yarger in order to provide firearms training services to the Yakima Police Department. • *13. CONSIDERATION OF MOTIONS TO APPROVE INITIATION OF MILLER ANNEXATION (ADOPT STANDARD MOTIONS A & B) August 21, 2001 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Donald L. Miller and Peggy Miller. The annexation proposed by Donald L. Miller and Peggy Miller was accepted and required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. *14. APPROVAL OF AMENDED FINAL CONTRACT PAYMENT FOR 2000 STREET OVERLAY PROGRAM NO. 1886, PERFORMED BY SUPERIOR PAVING COMPANY (ADOPT STANDARD MOTION V -B, ACCEPT THE PROJECT AND APPROVE FINAL PAYMENT The report from the City Engineer, dated May 15, 2001, with respect to the completion of the work on the 2000 Street Overlay project, performed by Superior Paving Company, was approved, the work accepted and payment of the amended final estimates as therein set forth was authorized. *15. APPROVAL OF FINAL CONTRACT PAYMENT FOR VEHICLE MAINTENANCE SHOP VENTILATION IMPROVEMENTS PROJECT AT THE PUBLIC WORKS FACILITY, PERFORMED BY CENTRAL MECHANICAL (ADOPT STANDARD MOTION V -B, ACCEPT THE PROJECT AND APPROVE FINAL PAYMENT) The report from the consulting engineer, Bovay Northwest, dated February 28, 2000, with respect to the completion of the work on the Vehicle Maintenance Shop Ventilation Improvements project, performed by Central Mechanical,Inc., 8 272 AUGUST 21, 2001 was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *16. ACCEPT POLICE 2000 ANNUAL REPORT The 2000 Annual Report of the Yakima Police Department was accepted. *17. APPROVAL OF REPORTS FROM FINANCE DEPARTMENT: A. SECOND QUARTER 2001 BUDGET REPORT The Second Quarter 2001 Revenue and Expenditure (Budget) Report was accepted. B. SECOND QUARTER 2001 ACCOUNTS RECEIVABLE REPORT The Seconded Quarter 2001 Accounts Receivable Report was accepted. C. SECOND QUARTER 2001 TREASURY REPORT The Second Quarter 2001 Treasury Report was accepted. ORDINANCES *18. CONSIDERATION OF ORDINANCE REPEALING THE MUNICIPAL CODE TO DISSOLVE THE YAKIMA CENTER ADVISORY COMMITTEE ORDINANCE NO. 2001 -39, AN ORDINANCE relating to the Yakima Center Advisory Commission, and repealing Chapter 1.88 of the Yakima Municipal Code. *19. CONSIDERATION OF LEGISLATION AMENDING THE MECHANICAL BUILDING CODE RE OTHER CONSTRUCTION STANDARDS ORDINANCE NO. 2001 -40, AN ORDINANCE relating to building construction codes and related regulations, and repealing all existing sections of chapter 11.32 of the Yakima Municipal Code and enacting, to comprise chapter 11.32 of the Yakima Municipal Code, new sections amending certain provisions of the Uniform Mechanical Code as adopted and maintained by the State Building Code Council to establish the City mechanical Code. *20. SECOND READING OF ORDINANCE AMENDING THE 2001 BUDGET AND APPROPRIATING FUNDS FOR AFSCME TRANSIT COLLECTIVE BARGAINING AGREEMENT COSTS An Ordinance amending the 2001 budget and appropriating funds for AFSCME Transit collective bargaining agreement expenses, previously having been read by title only, was brought before the Council for a second reading. 9 AUGUST 21, 2001 273 ORDINANCE NO. 2001 -41, AN ORDINANCE amending the 2001 budget for the City of Yakima; and making an appropriation of $72,258 in the 462- Transit Operating Fund for expenditure during 2001 to provide for the AFSCME (Transit) contract settlement. * 21. FIRST READING OF ORDINANCES AMENDING THE 2001 BUDGET (NO ACTION REQUIRED THIS MEETING; SECOND READING SCHEDULED 9/4/01) FOR: A. FIRE DEPARTMENT BUDGET FOR INDUSTRIAL INSURANCE EXPENSES An Ordinance amending the 2001 budget and appropriating funds for Fire Department overtime, unanticipated retirement cash outs, and additional Industrial Insurance premium charge, was read by title only, and laid on the table until September 4, 2001 for a second reading. B. REFUSE BUDGET FOR INDUSTRIAL INSURANCE EXPENSES An Ordinance amending the 2001 budget and appropriating funds for additional Industrial Insurance premium charge for the Refuse Division, was read by title only, and laid on the table until September 4, 2001 for a second reading. C. GENERAL FUND BUDGET FOR CODES FOR PLAN REVIEW SERVICES AND INDUSTRIAL INSURANCE EXPENSES An Ordinance amending the 2001 budget and appropriating funds for third -party plan review services and additional Industrial Insurance premium charge FOR THE Code Administration and Planning Divisions, was read by title only, and laid on the table until September 4, 2001 for a second reading. 22. OTHER BUSINESS Mayor Place advised that the City Manager's evaluation was conducted today, he got a very good rating and they are happy to have Mr. Zais with the City. • Information Items . Items of information provided to Council were: Notice of September 5, 2001 public hearing to solicit citizen comments on the draft Transit Development Plan and Annual Summary Report; Notice of August 30, 2001 Railroad Grade Separations Citizen Advisory Group meeting; Planning Division Assignments Pending Report as of August 21, 2001; July 2001 Labor Economy Report for Yakima; and State Department of Ecology August 2001 Fact Sheet re Elliott (Goodyear) Tire Center 23. EXECUTIVE SESSION REGARDING PENDING LITIGATION AND PROPERTY ACQUISITION (ALLOW APPROXIMATELY 30 MINUTES) SIMS MOVED AND -MATTSON SECONDED TO ADJOURN TO EXECUTIVE SESSION REGARDING PENDING LITIGATION AND PROPERTY 10 274 AUGUST 21, 2001 ACQUISITION FOLLOWED BY ADJOURNMENT TO SEPTEMBER 4, 2001 AT 7:30 A.M. FOR A STUDY SESSION ON FOLLOW -UP ACTIONS TO INQUIRY PANEL RECOMMENDATIONS RE YAKIMA POLICE DEPARTMENT. The motion carried by unanimous voice vote. 24. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 4:48 p.m. READ AND CERTIFIED ACCURATE BY: " , i / i�� !�,�/ 10 / 0/ 0 COU IL .7' R lor D A T _ A - L _ - .. -- -, • 0 1 oUNCIL MEMBER DA E / ATTEST: g,, ,,d i 4 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 11