HomeMy WebLinkAbout04/02/2002 Business Meeting 479
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
APRIL 2, 2002 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. ROLL CALL
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Lynn Buchanan, Paul George, Larry Mattson, and John Puccinelli
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
Absent: Council Member Bernard Sims
2. INVOCATION /PLEDGE OF ALLEGIANCE
Council Member Puccinelli gave an invocation; followed by the Pledge of Allegiance
led by Council Member Buchanan.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS / SPECIAL RECOGNITION:
• COMMUNITY DEVELOPMENT WEEK
Mayor Place read a proclamation declaring April 1 -7, 2002 as Community
Development Week. Bill Cobabe, Manager of the Office of Neighborhood
Development Services, accepted the proclamation. He said the Office of
Neighborhood Development is holding an open house on Friday, April 5 th at
2:00 p.m. and will provide information about their programs. He showed a video
highlighting their accomplishments over the years.
• LYNN TOBIN'S RETIREMENT
Randy Beehler, Telecommunications Manager, recognized the career and
retirement of Lynn Tobin effective March 31, 2002 after 15 years of service with
the City of Yakima.
• VIRGINIA NISHI
City Manager Zais recognized Virginia Nishi for 30 years of service by presenting
her with a plaque. Fire Chief Gillespie presented Virginia with a "speaking
trumpet ", a standard 30 -year service award and explained that the speaking
trumpet is what was used prior to radios.
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• AL GILLESPIE
City Manager Zais announced that Fire Chief Gillespie is leaving the City of
Yakima at the end of this week after three years of service. He wished him well
on his new assignment in Augusta, Georgia.
•
• Appointment is made to the Regional Planning Commission
BARNETT MOVED AND BUCHANAN SECONDED TO REAPPOINT DENNIS
KELLY TO THE YAKIMA URBAN AREA REGIONAL PLANNING
COMMISSION. The motion carried by unanimous voice vote; Sims absent.
B. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS
Delayed; to be discussed as an agenda item.
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. 20A and 20B were added to the agenda and were
placed on consent. Item No. 7 was removed. The City Clerk read the Consent
Agenda items, including resolutions and ordinances by title. BUCHANAN
MOVED AND GEORGE SECONDED TO ADOPT THE CONSENT AGENDA
AS READ. The motion carried by unanimous roll call vote; Sims 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 MARCH 19, 2002 ADJOURNED AND
BUSINESS MEETINGS AND MARCH 26, 2002 SPECIAL MEETING
The minutes of the March 19, 2002 Adjourned and Business meetings and
March 26, 2002 Special 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
Richard Andring, 203 South 8 Avenue, began by thanking Joe Jackson and his crew
from Public Works for trimming a tree in his front yard that had been diseased and
dangerous. He distributed pictures that showed fallen limbs that damaged his wife's
car. He acknowledged he had received a damage claim form for that problem. He
said he is still concerned about the tree and the potential danger of falling limbs. He
also discussed a problem on Holton Avenue where there is shrubbery that forces
people to walk in the street, and noted an area alongside Gilbert School that has a
large hole that could cause an accident. He brought up the graffiti problem on his
garage door. He gave his opinion of the hourglass area on B Street that is unsafe and
suggested putting in a toll to get the money to correct the problem.
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Ron Anderson of Central Washington Home Builders asked Council to lift the
moratorium on sewer connections outside of the city. He felt the sewer connections
should be handled the same way the City is handling other services to the annexed
area. City Manager Zais explained that with the recent opinion given by the Supreme
Court on the petition -based annexation, the legality of the outside utility agreement is
in question. Therefore, until it is clear where this annexation issue stands they have
put an administrative hold on outside utility hookups out of necessity.
Chris Johnson a 14 year -old student 11802 MacClaren Court, offered his ideas to
Council to improve the City. He suggested bringing in industry and creating more
parks to raise land values. He also suggested getting volunteer crews to clean up
parts of the city. With regard to taxes, he thinks they should be lowered to attract more
people to move here. Council thanked him for his ideas and encouraged his continued' .
interest.
Phil Pleasant, 1202 Fair Avenue, asked if Council had done anything with regard to his
previous requests for a business incubator zone or a hub zone and the potential of
getting some of the federal dollars being spent on the large Hanford project. Council
Member Buchanan advised Mr. Pleasant that a delegation that went to Washington
D.C. spoke with the number two man from the Department of Energy about this
subject. He said they spoke about how to get those contracts spread out to small
businesses in the City of Yakima. He said the person they met with was from Yakima
and they got his attention. He will meet with his contractors on the project, the
Bechtol Corporation, and we think he is seriously concerned that Yakima gets its fair
share. He promised to get back to us.
CITY MANAGER'S REPORTS
6. CONSIDERATION OF REPORT FROM PARKS AND RECREATION DIVISION AND
RESOLUTION AMENDING THE 2002 PARKS AND RECREATION FEE SCHEDULE
• Parks Commission explains process of establishing fees
Denise Nichols, Parks and Recreation Manager, introduced Mike Nixon, Chairman of
the Parks and Recreation Commission. Mr. Nixon explained that fees are looked at
several times during the year by the Commission and they are very aware of the
impact of fees on the citizens. He said they are also aware of the availability of parks
in the city, the need to maintain them and to have adequate programs. He shared
items that relate to fees and how they help offset some of the operation and
maintenance. The Commission feels a responsibility to provide opportunities to
citizens who cannot afford to pay yet at the same time want them to pay to the level
that they can to allow us to expand our services and provide a higher level of care. It's
a balance. The fees have not been raised for over two years or longer in some areas
and they want to do it incrementally rather than dramatic jumps over a wider period.
Other agencies, County parks and State parks, have had to raise fees. Some have
even had to turn over operation of the parks to other government entities. The
Commission conducted market surveys to get ideas of golf fees, cemetery fees, and
swim fees. They feel the recommendations are in keeping with being responsible, not
being the highest rate, but keeping things within the current market.
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• Discussion on Aquatic Fees
Mr. Nixon said aquatic fees are always an issue as there is no way to operate a swim
facility that makes money. They are expensive facilities to operate, but very necessary
within the community. The gap in revenue versus operation and maintenance costs
has increased over the years. Although they expect there will be a recommendation
to raise the honored citizen rates in the next year, there will be no change at this time.
Council Member Puccinelli commented that he didn't think the Commission considered
all possible solutions beyond raising fees. He commented that he previously
suggested selling advertising in the bottom of the pools and on the surrounding fences
as a way to generate revenue but the Commission didn't accept the suggestion.
Council Member Buchanan clarified the difference between taxes and fees; fees result
in the people who use the pool pay for the pool rather than the public in general. The
City Clerk read the resolution by title only; GEORGE MOVED AND BUCHANAN
SECONDED TO ADOPT THE RESOLUTION. The motion carried by 5 -1 roll call vote,
Puccinelli voting nay; Sims absent.
Mike Nixon closed by commenting that he has been on the Parks and Recreation
Commission for over twenty years and assured Council that they look at options other
than raising fees every time they meet. Council Member Mattson suggested that the
City budget is wide open and if anyone has a suggestion to help make the City more
efficient to please look through the budget and bring suggestions forward.
RESOLUTION NO. R- 2002 -28, A RESOLUTION authorizing and directing the Parks
and Recreation Division Manager to implement the revised 2002 Parks and Recreation
Fee Schedule for program facilities use and activities participation.
7. CONSIDERATION OF RESOLUTION RATIFYING MUTUAL AID AGREEMENT
BETWEEN CITY AND COUNTY FOR LAW ENFORCEMENT IN NEWLY ANNEXED
AREAS
Chief Blesio introduced a supplement to the existing law enforcement agreement. He said
the situation with the legality of the annexed areas being under consideration has led us to
this supplement to provide for the safety and security of the folks that live in that area.
Mayor Place thanked the County for working with the City on this. The City Clerk read the
resolution by title only; BUCHANAN MOVED AND PUCCINELLI SECONDED TO ADOPT
THE RESOLUTION. The motion passed by unanimous roll call vote; Sims absent.
RESOLUTION NO. R- 2002 -29, A RESOLUTION ratifying and approving
"Supplemental Mutual Aid Peace Officer's Powers Agreement Notice of Consent and
Mutual Law Enforcement Assistance Agreement Re: Nob Hill /S. 40 Avenue Area and
South 72 Avenue Area and Other Annexed Areas."
*8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR PARK AND RIDE
SITE
RESOLUTION NO. R- 2002 -30, A RESOLUTION authorizing and directing the City
Manager to execute a cooperative agreement between the City of Yakima and the
Washington State Department of Transportation regarding the construction, operation
and maintenance of a park and ride lot in the vicinity of Fair Avenue opposite the
Gateway Shopping Center.
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*9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
INTERLOCAL AGREEMENT WITH YAKIMA COUNTY FOR THE DEVELOPMENT
OF A REGIONAL STORMWATER MANAGEMENT PLAN AND DESIGN MANUAL
RESOLUTION NO. R- 2002 -31, A RESOLUTION authorizing and directing the City
Manager to execute an "Interlocal Agreement (ILA) for Funding and Development of
Stormwater Management Plan."
*10. CONSIDERATION OF RESOLUTION RATIFYING EXECUTION OF ADDED TASK
ORDER #4 WITH GOLDER ASSOCIATES FOR AQUIFER, STORAGE AND
RECOVERY PROJECT
RESOLUTION NO. R- 2002 -32, A RESOLUTION ratifying the Assistant City
Manager's signature on the Added Task Order #4 for ASR Project on City Contract
#98 -34 with Golder Associates.
*11. 'CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES CONTRACT WITH BRENT YOUNG FOR FINANCIAL
AND ACCOUNTING SERVICES
RESOLUTION NO. R- 2002 -33, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a Professional Services Agreement with Brent Young for
finance and accounting services.
*12. CONSIDERATION OF LEGISLATION RELATING TO RENEWAL OF THE
DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA (PBIA)
A. RESOLUTION INITIATING THE RENEWAL OF THE PBIA WITHIN THE
DOWNTOWN AREA
RESOLUTION NO. R- 2002 -34, A RESOLUTION of the City of Yakima, Washington,
initiating the renewal and reformation of Parking and Business Improvement Area No.
1 within the downtown area of the City of Yakima.
B. RESOLUTION FIXING A DATE OF PUBLIC HEARING FOR APRIL 16, 2002
RESOLUTION NO. R- 2002 -35, A RESOLUTION of the City Council of the City of
Yakima, Washington, declaring the intention of the City Council to renew and re-
establish Parking and Business Improvement Area No. 1 in downtown Yakima, and
fixing a time, date, and place for a hearing on the reformation of such parking and
business improvement area.
This sets a date of public hearing for April 16, 2002.
*13. CONSIDERATION OF APPOINTMENT OF GLORIA ANDERSON TO THE POLICE
AND FIRE CIVIL SERVICE COMMISSION
Gloria Anderson was appointed to the Police and Fire Civil Service Commission for a
six -year term to expire on December 31, 20007.
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*14. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR LOCATION OF A PRIVATE
STORM WATER DRAINPIPE AT 12 SOUTH 8 STREET REQUESTED BY YAKIMA
NEIGHBORHOOD HEALTH SERVICES
The Right -of -Way Use Permit requested by the Yakima Neighborhood Health Services
to install a private storm water drainpipe from the former Richey House under the alley
to an existing storm water drain in an existing parking lot to the west of their location at
12 South 8 Street was approved.
*15. APPROVAL OF 2001 YEAR -END REVENUE AND EXPENDITURE (BUDGET)
REPORT
The 2001 Year -End Revenue and Expenditure (Budget) Report was approved.
ORDINANCES
16. CONSIDERATION OF ORDINANCE AMENDING MUNICIPAL CODE RE: REVIEW
OF PLANS AND INSPECTION OF NEW CONSTRUCTION FOR FIRE CODE
COMPLIANCE
Doug Maples, Code Administration and Planning Manager, clarified that the ordinance
only applies to new construction and renovation for sprinklers, fire alarms, and
suppression systems. It allows the City to charge $47 for the plan review or
installation. Council Member Barnett questioned the wording in a section of the
ordinance and Larry Peterson, Assistant City Attorney, supplied alternate language in
a substitute ordinance that would add the phrase "...after certificate of occupancy has
been issued for the building" which would insure that the City isn't charging a fee other
than for the construction itself. To clarify Council Member Barnett's questions
regarding reinspection fees, Mr. Peterson said the language in the ordinance states
there is no reinspection fee for problems that are identified in the original inspection
and are corrected satisfactorily on a return visit. If corrections are needed and the
inspector has gone back and found they have not been done, requiring the inspector to
go back again, then there will be a fee. Council Member Barnett also pointed out that
Chapter 10 of the Municipal Code is difficult to read and suggests it may need to be
reviewed in the future.
Lola Franklin, Executive Officer of the Central Washington Homebuilders Association,
spoke regarding this item, and Item No. 17, expressing her displeasure with the City
increasing and creating new fees. She said it does not create a business - friendly
environment. She also spoke against the moratorium for sewer hookups. She said
these actions are anti - growth. She questioned Council on whether City staff has
made every effort to reduce and cut costs every way possible leaving these increases
as the only option. She said they offered testimony last month about the high marks
the City received in a survey of customer satisfaction. Those marks would indicate no
additional staff was needed. They noted that the department records indicated that in
2001 all permits were given out within ten days. Therefore, they feel the fees and
increased staff are not necessary. She asked Council to reject this proposal and focus
their efforts on things that will welcome new businesses.
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The City Clerk read the ordinance by title only. MATTSON MOVED AND GEORGE
SECONDED TO PASS THE ORDINANCE. The motion passed by 5 -1 roll call vote,
Barnett voting nay; Sims absent.
ORDINANCE NO. 2002 -16, AN ORDINANCE relating to fire prevention, and the
review of plans and inspection of new construction for compliance with the Fire Code,
and adding a new section to Chapter 10.05 of the Yakima Municipal Code.
17. CONSIDERATION OF LEGISLATION RELATING TO BUILDING PERMIT FEES:
A. CONSIDERATION OF ORDINANCE AMENDING THE CITY BUILDING
PERMIT FEES
Doug Maples, Planning and Code Enforcement Manager, corrected the agenda title
noting this ordinance is regarding the building permit fees. Council Member Barnett
asked specific questions about portions of the ordinance. His main question was why
the fees the City was establishing were higher than those charged by the County. He
said he thought we were trying to get in line with what the County charges.
Mr. Maples reviewed a table that Council Member Barnett had obtained from the
County and advised it was in error. Council Member Puccinelli asked questions about
what was included in the City's fees versus the County's. This instigated discussion
regarding what was included and how the fees were developed. Council Member
Puccinelli was dismayed that the City is raising their fees to match what the County
charges yet the County covers a much larger area than the City. Mayor Place
commented that the Development Review Committee that reviewed the planned fee
increases said many people questioned were willing to go along with the increases if
there was a noticeable improvement in the end product. She then noted that she had
learned that the City requires different inspections than the County does for buildings
and asked why. Mr. Maples said he was unaware that there were different inspections
and would look into it. The City Clerk read the ordinance by title only, GEORGE
MOVED AND MATTSON SECONDED TO PASS THE ORDINANCE. The motion
carried by a 4 -2 roll call vote; Puccinelli and Barnett voting nay; Sims absent. Council
Member Mattson requested that a report be returned to Council in a year with
feedback on whether the process has been improved and whether there is higher
customer satisfaction. Mr. Maples said that report would be included in the budget
process.
O NO. 2002 -17, AN ORDINANCE relating to building codes and related
regulations, and establishing building valuation data and building permit and plan
review fees for the City of Yakima.
B FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND
APPROPRIATING FUNDS FOR STAFFING TO CONDUCT PLAN REVIEWS
(NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 4/16/02)
An Ordinance amendi the 2002 budget and appropriating funds for staff to conduct
plan reviews, was read by title only, and laid on the table until April 16, 2002 for a
second reading.
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•
*18. CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY
AT 216 SOUTH 2 STREET
RESOLUTION NO. R- 2002 -38, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a Real Estate Purchase and Sale Agreement for the
purchase of property located at 216 South Second Street, Yakima, Washington.
*19. CONSIDERATION OF AMENDMENTS TO THE 2002 BUDGET:
A. SECOND READING OF ORDINANCE AMENDING THE 2002 BUDGET AND
APPROPRIATING FUNDS FOR AFSCME TRANSIT COLLECTIVE
BARGAINING SETTLEMENT
An Ordinance amending the 2002 budget and appropriating funds for AFSCME
Transit collective bargaining settlement costs, previously having been read by
title only, was brought before the Council for a second reading.
ORDINANCE NO. 2002 -19, AN ORDINANCE amending the 2002 budget for
the City of Yakima; and making appropriations of $7,600 within the 462 Transit
operating Fund for expenditure during 2002 to provide for the AFSCME
(Transit) contract settlement.
B. SECOND READING OF ORDINANCE APPROPRIATING FUNDS FOR
TRANSIT SERVICES IN THE NEWLY ANNEXED AREAS
An Ordinance amending the 2002 budget and appropriating funds for Transit
services in the newly annexed areas, previously having been read by title only,
was brought before the Council for a second reading.
ORDINANCE NO. 2002 -20, AN ORDINANCE amending the 2002 budget for
the City of Yakima; and making appropriations of $80,000 within the 462
Transit Operating Fund for expenditure during 2002 to serve the Congdon /So.
72n Avenue Annexation areas.
C. SECOND READING OF ORDINANCE APPROPRIATING FUNDS TO
PURCHASE YAKAMA NATION GRANT - FUNDED EMERGENCY
COMMUNICATION EQUIPMENT
An Ordinance amending the 2002 budget and appropriating funds to purchase
Yakama Nation grant- funded emergency communication equipment, previously
having been read by title only, was brought before the Council for a second
reading.
ORDINANCE NO. 2002 -21, AN ORDINANCE amending the 2002 budget for
the City of Yakima; and making appropriations of $17,837 within the 150 —
Emergency Services Fund for expenditure during 2002 to purchase grant -
funded emergency communication equipment.
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*20. OTHER BUSINESS
A. CONSIDERATION OF JOINT RESOLUTION WITH YAKIMA COUNTY
RATIFYING AN APPLICATION AND AUTHORIZING EXECUTION OF GRANT
AGREEMENT WITH THE FAA FOR PARTIAL FUNDING REIMBURSEMENT
FOR AIRPORT SECURITY IMPROVEMENTS
RESOLUTION NO. R- 2002 -36, A JOINT RESOLUTION OF THE CITY OF
YAKIMA AND YAKIMA COUNTY ratifying an Application for Federal Assistance
and Standard DOT Title VI Assurances, and authorizing the execution and
acceptance of a Grant Agreement for Federal Assistance and Certificate of
Sponsor's Attorney between the Federal Aviation Administration and the City of
Yakima, Washington, and the County of Yakima, Washington.
B. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING
FOR APRIL 16, 2002 ON THE 2002 -2007 SIX -YEAR TRANSPORTATION
IMPROVEMENT PROGRAM (TIP)
RESOLUTION NO. R- 2002 -37, A RESOLUTION fixing the time and place for
hearing on an amendment to the 2002 through 2007 Six Year Transportation
Improvement Program (STIP).
This sets a date of public hearing for April 16, 2002.
Mayor Place distributed a "For A Better Tomorrow" pamphlet and included a brief
report on the committee's top issues.
City Manager Zais acknowledged that Assistant City Attorney, Larry Peterson, has
accepted a job with Yakima County and this will be his last Council meeting.
Mr. Peterson originally came to the City from the County and has done an outstanding
service for the City in his eight -year tenure. City Attorney Paolella also thanked
Mr. Peterson for his dedication and great work.
• Information Items
Items of information provided to Council were: Press Release regarding Governor
Locke's joint March 28, 2002 news conference in Yakima; 3/28/02; Press Release regarding
amnesty period offered to obtain dog licenses without penalty payment; Agenda for the April
3, 2002 Community Review Board meeting; Agenda for the April 18, 2002 Gateways
Committee meeting; Agenda for the April 4, 2002 Yakima Downtown Association meeting;
Agenda for the March 28, 2002 Yakima Air Terminal Board meeting and minutes of its
February 28, 2002 meeting; Planning Division Assignments Pending Report as of April 2,
2002; Newspaper articles: March 24, 2002 Yakima Herald- Republic "Killing Salmon in Order
to Save Them ", March 15, 2002 Capital Press, "Bush Administration Tries to Settle Fish
Habitat Lawsuits ", March 15, 2002 Capital Press, "Hawes Lawsuit Challenges TMDL
Process ", and March 21, 2002 Seattle Post- lntelligencer, "Everett Raises Tax on New
Homes."
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21. EXECUTIVE SESSION REGARDING PENDING LITIGATION (ALLOW APPROXIMATELY
1 HOUR)
BUCHANAN MOVED AND GEORGE SECONDED TO ADJOURN TO EXECUTIVE
SESSION WITH ADJOURNMENT THEREAFTER TO APRIL 16, 2002 AT 7:30 A.M.
FOR A STUDY SESSION IN THE COUNCIL CHAMBERS ON POOLS AND
AQUATICS. The motion carried by unanimous voice vote; Sims absent.
The council moved into Executive Session at 4:00 p.m.
22. ADJOURNMENT
Following the completion of the Executive Session, the meeting adjourned at
5:13 p.m.
READ AND CERTIFIED ACCURATE BY ,' „_G/” ' aZ----
O/ IL MEMBER /� / % DATE
fr . COUNCIL MEMBER DATE
ATTEST:
Kalit ,2 6-6-e/ A 7°d,
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.
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