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HomeMy WebLinkAbout03/05/2002 Business Meeting 458 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL MARCH 5, 2002 - 2:00 P.M. COUNCIL CHAMBERS -129 NORTH 2 ND STREET 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Lynn Buchanan, Paul George, John Puccinelli, and Bernard Sims Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts Absent: Council Member Larry Mattson (excused) 2. INVOCATION /PLEDGE OF ALLEGIANCE An invocation was given by Council Member Puccinelli, followed by the Pledge of Allegiance led by Council Member Sims. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Place explained that both she and Mayor Pro Tem George would be out of town next week on a trip to Washington D.C. IT WAS MOVED BY SIMS AND SECONDED BY PUCCINELLI TO APPOINT COUNCIL MEMBER BARNETT AS ACTING MAYOR WHILE THE MAYOR AND MAYOR PRO TEM ARE ATTENDING THE NLC CONFERENCE IN WASHINGTON D.C. NEXT WEEK. City Manager Zais cautioned the Council members that, although there are four members attending, they cannot conduct any official business, nor take any positions or make any policy decisions. He emphasized that this is one of the most important meetings of the year in terms of allowing the City to influence national agencies. Mayor Place advised that there will be a media meeting held after they return to share all they learn. A. PROCLAMATIONS / SPECIAL RECOGNITION Council Member George read a proclamation declaring March 6, 2002 as Legislative Massage Awareness Day in Yakima. Tanya Fiona Allen, LMP, accepted the proclamation on behalf of all massage therapists in town. Mayor Place read a proclamation declaring March 2002 as Drug Awareness Month. Susan Martin, ESD 105, 33 South 2nd Avenue, accepted the proclamation noting they have been celebrating Drug Awareness Month for over ten years in Yakima County. She explained this year's slogan, "Be True to You in 2002 ", and how it was created by a Moxee elementary ESL student. She then introduced Marie Rorie, 4102 Richey Road, of the Yakima County Substance Abuse Coalition, who told of their fund raising sales to date. 459 MARCH, 5, 2002 B. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS Chris Waarvick, Director of Public Works, gave a status report on the request for stop signs at Chestnut and 14 Avenue requested at the previous meeting by Bud Stillwaggon. He said a letter was written to Mr. Stillwaggon that detailed traffic controls in that area. He advised that the Police Department had also conducted a survey of traffic in the area. Mayor Place asked if solar powered school zone lights are available to private schools. Mr. Waarvick said he would look into that question. Council Member Puccinelli asked about crosswalks in that area and Mr. Waarvick said they would follow up on the crosswalk question as well. 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. Items Nos. 11A, 11B, and 13 were added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. City Manager Zais added that Item No. 13 includes acceptance of a report to approve contingency funds for the Capitol Theatre ADA equipment. SIMS MOVED AND BUCHANAN SECONDED TO ADOPT 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 MINUTES OF THE JANUARY 8 AND FEBRUARY 19, 2002 BUSINESS MEETINGS, AND FEBRUARY 5 AND 19, 2002 ADJOURNED MEETINGS The minutes of the January 8 and February 19, 2002 Business meetings and February 5 and 19, 2002 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 Sherry Altena - Gosseen, 7402 Perry Street, appeared to request that Council take every action possible to force the County to include a portion of Spokane and Perry Streets in the County's paving project scheduled for a portion of the Conover Park development (at no cost to the homeowner) before Council accepts the annexation cost sharing agreement. She presented a map of the area color coded to show what area is scheduled to be paved and what area is to be left unpaved. She reviewed the results of conversations with the County Commissioners and contested their rationale for determining what will be and will not be paved. She said they were told by the County that they could form an LID and get their area paved for approximately $190,000. That would equate to about $15,000 for each residence, when the rest of the area, including a cul de sac with minimal traffic, would be receiving the paving for free. She emphasized how important it was to try to dovetail their paving with the paving project to keep costs down. 2 4 6 0 MARCH 5, 2002 Mr. Bruce Gi11,7305 Perry Street, supported all Mrs. Altena - Gossen had presented adding that at the County Hearing held this morning he specifically asked how the cul de sac was chosen to be paved. He said no one was able to answer. He complained that their neighbors are getting a substantial improvement to their property value at no cost while theirs will decline. He noted that with the West Valley annexation, the City is inheriting this situation. Ginger and Walt Mick, 1707 South 74 Avenue, said that some of the paving is scheduled to stop right in the middle of the driveway to the lot. Mr. Mick said they were not informed of the decision to pave, add sidewalks, and street lights until after it was already approved. Mayor Place asked if they had spoken to the Clean Air Authority about this issue and recommended they do so. She noted there could be funds available for paving through them. Cecil Hyatt, 612 South 38 Avenue, thanked the city for installing a stop sign on the T intersection beside his house. He also asked about the status of the fluoridation project. Mayor Place gave him the current status noting that the building should be complete by March 18 It will then require the Health Department to conduct an inspection of the plans and the building and give written notice that the project can go forth. Mr. Hyatt also asked about the lack of truck routes within the City of Yakima. This question resulted in a discussion on the history of truck routes within the city. CITY MANAGER'S REPORTS 6. CONSIDERATION OF MOTION TO APPROVE THE CITY'S 2002 FEDERAL LEGISLATIVE PRIORITIES Council Member Barnett suggested it would be helpful to expand the discussion on page 6 with regard to the environmental mandates for stormwater to include the difficulty in implementing phase 2 of the federal regulation because we don't know what the State Department of Ecology is going to do. City Manager Zais noted that we could do that but there is also a more detailed position paper that will be a part of this and is a part of the agenda for the Congressional delegation and the Environmental Protection Agency. City Manager Zais explained a couple amendments that were added on the Transportation Equity Act and the Hanford Job Creation Transition Program. He spoke about the threat to the TEA dollars as a consequence of the war effort noting the potential impact to major projects across the nation. Council Member Puccinelli suggested they ask the legislators about how we can eat salmon if they are on the endangered species list. Mr. Zais suggested he bring this up at an upcoming meeting with the National Marine Fisheries Service. A couple of errors were pointed out and will be corrected. SIMS MOVED AND BUCHANAN SECONDED TO APPROVE THE 2002 FEDERAL LEGISLATIVE PRIORITIES AS AMENDED. The motion carried by unanimous voice vote; Mattson absent. 3 461 MARCH'S, 2002 *7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PERSONAL SERVICES CONTRACT WITH SIGNAL CONTROL LIMITED FOR PHASE II CBD SIGNAL PROJECT INSPECTION RESOLUTION NO. R- 2002 -18, A RESOLUTION authorizing and directing the City Manager to execute a construction inspection services agreement between the City of Yakima and Signal Control Limited for Phase 2 of the City of Yakima CBD Signal Enhancement Project. *8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AMENDMENT WITH FLOYD SNIDER M INC. FOR KISSEL PARK CONSTRUCTION PHASE SERVICES RESOLUTION NO. R- 2002 -19, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract modification regarding an environmental consulting services contract with Floyd Snider McCarthy, Inc., in order to complete environmental cleanup of Kissel Park, Yakima, Washington. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA COUNTY SUBSTANCE ABUSE COALITION TO PROVIDE AFTER - SCHOOL PROGRAMS FOR YOUTH AT RISK RESOLUTION NO. R- 2002 -20, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "2002 Agreement Between the City of Yakima and the Yakima County Substance Abuse Coalition, Inc." to provide supervised after school recreational activities /programs for youth at risk. *10. APPROVAL OF FOURTH QUARTER 2001 ACCOUNTS RECEIVABLE REPORT The Fourth Quarter 2001 Accounts Receivable Status Report was approved. ORDINANCES 11. CONSIDERATION OF LEGISLATION REGARDING WASTEWATER FACILITY: *A. RESOLUTION ADOPTING THE 2000 WASTEWATER FACILITIES PLAN RESOLUTION NO. R- 2002 -21, A RESOLUTION adopting the Mandated 2000 Wastewater Facilities Plan for the city of Yakima, Washington. *B. RESOLUTION ADOPTING THE 2001 WASTEWATER COST OF SERVICE AND RATE STUDY RESOLUTION NO. R- 2002 -22, A RESOLUTION adopting the 2001 Wastewater Cost of Service and Rate Study for the City of Yakima, Washington. 4 462 MARCH 5, 2002 C. ORDINANCE AMENDING THE MUNICIPAL CODE ADJUSTING WASTEWATER RATES Doug Mayo, Wastewater Manager, noted a couple typographical corrections that will be made to the ordinance. The City Clerk read the ordinance by title only; SIMS MOVED AND BUCHANAN SECONDED TO PASS THE ORDINANCE. The motion carried by 5 -1 roll call vote, Barnett voting nay; Mattson absent. City Manager Zais explained that budget amendments for this year will be brought back to the Council and that this ordinance will affect future budgets as well. ORDINANCE NO. 2002 -10, AN ORDINANCE relating to wastewater rates, fees, and charges, adjusting various wastewater rates fees, and charges; amending Sections 7.60.005, 7.60.010, 7.60.020, 7.60.025, 7.60.035, 7.60.050, 7.60.070, 7.60.090, 7.60.100, 7.60.105; deleting section 7.60.040; and providing for related matters. *12. FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND APPROPRIATING FUNDS FOR YEAR -END 2001 ENCUMBRANCES (NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 3/19/02) An Ordinance amending the 2002 budget and appropriating funds for 2001 year -end encumbrances, was read by title only, and laid on the table until March 19, 2002 for a second reading. *13. CONSIDERATION OF REQUEST FROM CAPITOL THEATRE CORPORATION AND FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND APPROPRIATING FUNDS FOR SOUND SYSTEM AND OFFICE SPACE RENOVATIONS AT THE CAPITOL THEATRE (NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 3/19/02) An Ordinance amending the 2002 budget and appropriating funds for sound system and office renovations at the Capitol Theatre, was read by title only, and laid on the table until March 19, 2002 for a second reading. 14. OTHER BUSINESS Council Member Buchanan requested that when there is additional last minute material needed for a Study Session, the session be postponed rather than provide the material to Council the night before or at the meeting itself. Mayor Place asked for Council's opinion regarding an Alert received from the Association of Washington Cities about potential legislation to permit counties to impose a utility tax. She clarified that this tax would be throughout the county and include City residents, not just for the unincorporated areas. Because the City already imposes a utility tax for City residents, it would have the effect of double taxing City residents. It was the consensus of Council to direct staff to contact our State Legislators to oppose this bill. Council Member Puccinelli and Mayor Place announced that the City Fire Department received $17,817 from the Yakama Nation's 2% gambling tax distribution. 5 MARCH 5, 2002 4 6 3 Council Member Puccinelli reminded the public about the political parties' caucus meetings being held tonight. He also spoke in favor of the train whistle ban that went into effect today. • Information Items Items of information provided to Council were: News Release regarding Bus Service Changes to Serve Newly Annexed Portions of the City; 2/28/02 Press Release regarding Yakima Railroad Whistle Ban - effective March 1, 2002; 2001 Annual Municipal Court / Probation Office Statistics; Planning Division Assignments Pending Report as of February 19, 2002; About Growth, Winter 2001 -2002; and Downtown Idea Exchange; March 1, 2002 15. EXECUTIVE SESSION REGARDING PENDING LITIGATION AND COLLECTIVE BARGAINING (ALLOW APPROXIMATELY 30 MINUTES) BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES WITH ADJOURNMENT THEREAFTER TO MARCH 19, 2002 AT 7 :30 A.M. FOR A STUDY SESSION ON THE RAILROAD GRADE SEPARATION PROJECT. The motion carried by unanimous voice vote; Mattson absent. The council moved into Executive Session at 3:20 p.m. 16. ADJOURNMENT Following the completion of the Executive Session, the meeting adjourned at 4:07 p.m. READ AND CERTIFIED ACCURATE BY:/ / 4 /L - �-- �^ ® L. -- -- NCIL MEMBER DATE !!USA �UNCIL MEMBER DATE ATTEST: , Kaht,1":- /0-tA-eitt , get-C6 CITY CLERK MARY PLACE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 6