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HomeMy WebLinkAbout05/07/2002 Business Meeting 19 � CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL MAY 7, 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, John Puccinelli, and Bernard Sims Staff: City Manager Zais, City Attorney Paolella and. City Clerk Roberts 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 • Mayor Place recognized Richard Andring, Deputy Fire Chief, who recently obtained National Certified Chief Fire Officer. He is one of only 64 in the nation. Deputy Chief Andring said the program was started to enhance the professional development in the fire service. It entailed him documenting the thirty -two years he has spent in emergency service, including his time as a paramedic, fire officer, and now chief officer. He thanked his family, the Council, and the City of Yakima for the support they give their employees for professional development. Senator Alex Deccio presented Mayor Place with a facsimile check from the appropriations committee of the Washington State Legislature in the amount of $1,250,000 for the purpose of constructing ball fields at Kiwanis Park. Randy Beehler, Telecommunications Manager, introduced our new employee, Sean Davido, who is a veteran of Yakima television, KAPP and KNDO. He will be doing a lot of the YPAC coverage and is expected to improve our technical capabilities. A. PROCLAMATIONS /SPECIAL RECOGNITION: • DRINKING WATER WEEK Mayor Place read a proclamation declaring May 5 -11, 2002 as Drinking Water Week in the City of Yakima. Dueane Calvin, Water and Irrigation Manager, accepted the proclamation. 20 MAY 7, 2002 • MARCH FOR JESUS DAY Council Member Puccinelli, read a proclamation declaring May 18, 2002 as March for Jesus Day in the City of Yakima. Dan Jennings accepted the proclamation and blew the schofar horn calling all people to worship. • LETTER CARRIER FOOD DRIVE DAY Council Member Mattson read a proclamation declaring Saturday May 11, 2002 as Letter Carrier Food Drive Day. Gregg Jones, on behalf of the Postal Service, accepted the proclamation and thanked the City Council and all the citizens of Yakima. • RENDEZVOUS DAYS Council Member George read a proclamation declaring May 17, 18, & 19, 2002 as Rendezvous days in Yakima. Les Ornelas accepted the proclamation and explained that this event will be held at the Central Washington Fairgrounds and they hope to bring three to seven thousand tourists to Yakima. They are trying to make it an annual event. B. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS Captain Roy Willson responded to Elsie Gregorich's comments from the last meeting regarding speeders in her Browne Avenue neighborhood. He said they put an officer in the area and didn't find the number of speeders they expected. They even had Mrs. Gregorich come sit in the police vehicle with the officer. They determined that 85% of the people are obeying the speed limit, the other 15% are doing what would be citable. A lot of warnings were issued and they will continue to monitor the area. Mayor Place announced that Item No. 21 is to set a public hearing to operate a card room at 3708 River Road; the hearing is not scheduled for today, it's scheduled for May 21 She also announced that Item No. 22 is to set a closed record hearing date on the Congdon rezone for June 4 It will be held at the Yakima Convention Center to accommodate the expected larger group. It is scheduled for two different times; 2:00 -5:00 p.m. in the afternoon and again at 6:30 p.m. in order to accommodate all people's schedules. Mayor Place emphasized that they are closed record hearings for both of these decisions. That means that the hearing examiner has heard them and has made a recommendation. City Attorney Paolella explained that a closed record public hearing is governed by state law and City of Yakima municipal code. The process as specified in the law is that no new evidence is permitted to be introduced at that time, however, citizens can comment on the facts and material that was submitted to the hearing examiner. That information can be used in their presentation, they can present legal arguments, and they can cite case law and statutes. Council Member Puccinelli suggested that citizens could review the hearing examiner's record by checking out the taped hearings at the library. 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. 21 and 22 were removed from the Consent 2 MAY 7, 2002 21 Agenda at the request of Lynn Raymond and Chandra Harpel, respectively. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND BUCHANAN SECONDED TO ADOPT 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.) 5. AUDIENCE PARTICIPATION Lynne Kittelson, 305 North 9 Street, invited Captain Willson to her neighborhood for the same purpose (speeders). She also advised Council that the library checks out Council tapes for an entire month and it might be wise to suggest to them to check out the Congdon hearing tapes for a shorter time. Luz Gutierrez thanked the City Council and the community for their support in holding a very successful Cinco de Mayo event. She also thanked the corporate sponsors. Phil Pleasant, 1202 Fair Avenue, came forward to speak and immediately began to use inappropriate language. Mayor Place requested him to discontinue his profanity. He spoke of his impatience in waiting for the Council to supply him with information on his getting some of the monies the Federal Government is spending on the Hanford project. He feels the Federal government has promised him a part of that funding because he's a black small business owner in a hub zone. The Council advised him a few weeks ago about their discussing this issue while in Washington D.C. but Mr. Pleasant expected something from that meeting by now. He threatened Council that if they don't have something for him he is going to go crazy at the next meeting and show his behind (paraphrased). Wayne Baughman, 1721 South 7 Avenue, owns property on 10 Avenue that is surrounded by R -2 zoned property. He is going to hook up to City sewer and would like to subdivide the lot and build a duplex on each parcel. He thought that would require it to be rezoned and asked Council to change the zoning to R -2. After some detailed discussion it was determined he could accomplish that without a rezone. He was told he would have to go through the regular permit process and could initiate that process with Dan Valoff from the Planning Department. Richard Andring, 203 South 8 Avenue, referred to a previous visit to Council where he discussed the condition of a tree on the planting strip in front of his house. He feels it is a dangerous diseased tree that needs to be removed. He said he had spoken with one gentleman from the City who said they would come trim the tree but he never heard from him again. Chris Waarvick, Director of Public Works, clarified that staff had looked at this tree and thought it could be saved. There is a question about ownership of the tree and who would be responsible for trimming or removing it. Mr. Waarvick said he would look into the cost to remove the tree and would bring the information back as an agenda item for a future Council meeting. Mr. Andring also complained that his bagged leaves were never picked up. Mr. Waarvick will look into that issue as well. 3 22 MAY 7, 2002 Lynn Raymond, 2302A West Viola, asked for a waiver of the $295 appeal fee that she filed on the class 2 review for a card room at 3807 River Road. She expressed dismay that the Council encourages citizens to get involved and come to Council meetings yet they are charged a large fee when they do become involved. Council Members Puccinelli and George spoke in support of the waiver because Ms. Raymond was not asking for something for personal gain. There was a lengthy discussion regarding the intent of the fee which was to discourage frivolous appeals and to more fully capture the cost of staff time to process the appeals. The hearing process was also outlined noting the opportunities to comment. Concern was expressed about setting a precedent by allowing this requested waiver. GEORGE MOVED AND PUCCINELLI SECONDED TO WAIVE THE $295 APPEAL FEE. The motion carried by a 4 -3 roll call vote; Mattson, Place and Sims voting nay. It was the consensus of Council to review options to the appeal process at a future meeting. PUBLIC HEARING 6. PUBLIC HEARING ON THE REFORMATON OF THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA Jar Arcand, 111 East Yakima Avenue, Chairman of the Yakima Downtown Association (previously known as DARC), said the reason for the hearing is to re- establish the Parking Business Improvement Area (PBIA) in the downtown area. There has been a lot of confusion about how to handle a sunset clause. He clarified that the PBIA is governed by the Revised Code of Washington (RCW). The original PBIA was established by Ordinance No. 1719 on November 12, 1974. He explained there is an RCW for dis- establishing the PBIA if so needed. This original PBIA has never been dis- established, not by RCW standards. He continued by clarifying that confusion started in 1996 when a subcommittee of DARC was formed to review the assessments and how to spend those assessments in the area. They came back with a recommendation to redo the PBIA adding a sunset clause where every six years membership would hold a vote to renew it. He claimed that there was no need for that because the RCW clearly details how to dis- establish the PBIA. He went on to explain that Ordinance No. 96 -32, which was to reestablish the PBIA and put in the sunset clause, was never established by RCW standards, nor did that ordinance repeal Ordinance No. 1719. Council Member Puccinelli said Council should postpone this vote for about two weeks to let the committee decide if they want a sunset clause. Mr. Arcand said he has reviewed this issue with legal counsel and has called all the committee members. Everyone was in agreement that the1996 ordinance is not correct and should be corrected. City Attorney Paolella agreed that there has been confusion and uncertainty and the recommended course to clear up any confusion would be to pass this ordinance. • Mayor Place opened the public hearing No assessment payers came forward to speak. Lynne Kittelson, 305 North 9 Street, commented that she is in support of continuing the PBIA because they have good direction for doing downtown revitalization. 4 MAY 7, 2002 2 3 There was discussion about what notification had gone out to the public and whether there should be an extension on the subject. BUCHANAN MOVED AND SIMS SECONDED TO CLOSE THE HEARING. The motion carried by unanimous voice vote. • Mayor Place closed the public hearing The City Clerk read the ordinance by title only, BUCHANAN MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. Council Members Puccinelli and Barnett expressed concern that the action taken was different than what was originally planned. Bill Cook, Director of Community and Economic Development clarified that a letter went out to every business notifying them that the City Council was holding a • public hearing on May 7th to receive all protests. There was also a petition included, but the cover letter said the hearing is where we would hear protests. There was no one present to protest. The question was called for a vote on the motion. The motion carried by 5 -2 roll call vote; Barnett and Puccinelli voting nay. ORDINANCE NO. 2002 -26, AN ORDINANCE of the City of Yakima, Washington, relating to parking and business improvement areas; establishing a parking and business improvement area in 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 RECOMMENDATIONS FOR THE 2002 AQUATIC PROGRAM Denise Nichols, Parks and Recreation Manager, said this item is a follow -up to the April 16 study session where six recommendations were given. They are now seeking Council direction on those recommendations. There was discussion of the pool usage, neighborhood demographics and land use, as well as fees and their affect on pool usage, Also discussed was the condition of the various pool boilers. SIMS MOVED AND MATTSON SECONDED TO APPROVE THE RECOMMENDATIONS SUBMITTED. Discussion continued. Mayor Place noted that she had been approached about the Miller Park basketball court needing to be resurfaced. The cost of moving, repairing, and replacing boilers at the pools was discussed. Council Member Buchanan expressed his opinion that all the pools should be kept open until we decide what we want to do. SIMS MOVED AND PUCCINELLI SECONDED TO AMEND THE MOTION TO INCLUDE THE REPLACEMENT OF THE BOILER AT WA P OOL WITH A NEW ONE WITH A H EAT EXC HANGER. City Manager Zais advised this will require coming back with an appropriation ordinance. Lyn K ittelso n, 3 05 N g Street, expressed con cern about the swiftness at which these decisions are taking place and protested the closing of Miller Pool. She said it was too difficult for northeast residents to get to the other pools by using the transit system. The question was called for a vote on the amendment; the motion carried by unanimous voice vote. The question was called for a vote on the amended motion; the motion carried by a 5 -2 roll call vote; Puccinelli and Buchanan voting no. 5 24 MAY 7, 2002 8. CONSIDERATION OF STAFF REPORT AND RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH HUIBREGTSE LOUMAN ASSOCIATES FOR DESIGN /DEVELOPMENT OF KIWANIS PARK Chris Waarvick, Director of Public Works, explained this resolution allows us to begin the site plan for Kiwanis Park. He informed Council that they had received a letter from Apple Valley Kiwanis requesting a footprint for a skate park in the site master plan. He advised that the City will continue to apply for further resources. The 'City Clerk read the resolution by title only; BUCHANAN MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2002 -, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract with Huibregtse, Louman Associates, Inc. for engineering design services for Kiwanis Park and authorizing the City Manager to sign all subsequent applications, agreements, amendments, and other documents relating to Kiwanis Park development. 9. CONSIDERATION OF LEGISLATION RELATING TO YAKIMA WINE INFORMATION CENTER: A. RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH STEVE LIDDICOAT Kay Adams, City Engineer, explained this contract is for the design and sign lay -out for the Gateway to Washington project. Kathy Coffey, Executive Director of the Yakima Valley Visitors & Convention Bureau, introduced Chris Swanson, the Visitors & Convention Bureau's Project Manager. Mr. Swanson distributed an Executive Summary that describes the Gateway to Wine Center Project. BUCHANAN MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2002 -, A RESOLUTION authorizing and directing the City Manager to execute an agreement for professional services between the City of Yakima and Steven W. Liddicoat for professional design and engineering services related to the Yakima Gateway to Wine Center Project. B. RESOLUTION AUTHORIZING EXECUTION OF OPERATING /INDEMNITY AGREEMENT WITH THE YAKIMA VALLEY VISITORS AND CONVENTION BUREAU The City Clerk read the resolution by title only, SIMS MOVED AND GEORGE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2002 -, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Valley Visitors and Convention Bureau, a non - profit corporation, authorizing said organization to manage, operate and maintain the Yakima Wine Information Center. 6 • MAY 7, 2002 2 5 10. CONSIDERATION OF LEGISLATION REGARDING CONVENTION CENTER EXPANSION: A. ORDINANCE AMENDING THE PRINCIPAL AMOUNT OF THE LIMITED GENERAL OBLIGATION BOND • City Manager announced successful bond sales City Manager Zais explained it was a great day for the City of Yakima with regard to the marketing of the Convention Center bonds. Rita Anson, Finance Director, gave a status review of the bond project noting they have been working on it for over a year. She explained they were able to amend the original ordinance submitted April 16 and raise the authorization level to $6.8 million due to an improvement in the market. The preliminary official statement has all the basic conditions of the bond sale, however, the numbers will need to be updated after today. The bond sale offer at this point is $6,735,000 which will give us slightly over $6.6 million available for the project. We were fortunate in being able to get a total interest cost of slightly over 4.9% which is a very good interest rate. Ms. Anson introduced Lindsay Sovde, Assistant Vice President of Seattle Northwest, our underwriter for these bonds. Ms. Sovde spoke about who the bonds were sold to and how that affected the city's credit rating and bond insurance. She explained that the three major strengths that raised our credit rating was the low overall debt burden of the city, good financial position coupled with the sales tax revenue from the state, and the strong financial management of the city. The one weakness was Initiative 747, something that is completely out of our control. The City Clerk read the ordinance by title only; BUCHANAN MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2002 -27, AN ORDINANCE of the City of Yakima, Washington, amending Ordinance No. 2002 -22. B. RESOLUTION AUTHORIZING SALE OF LIMITED GENERAL OBLIGATION BONDS • The City Clerk read the resolution by title only; SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2002 -54, A RESOLUTION of the City Council of the City of Yakima, Washington, approving a proposal for the purchase of limited tax levy general obligation bonds of the City in the principal amount of $6,735,000 and fixing the interest rates of and bond insurance for such bonds. SIMS MOVED AND MATTSON SECONDED TO APPROVE THE PRELIMINARY STATEMENT. The motion carried by unanimous voice vote. 7 26 MAY 7, 2002 *11. CONSIDERATION OF RESOLUTION RATIFYING EXECUTION OF INTERAGENCY AGREEMENT WITH WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE RESOLUTION NO. R- 2002 -55, A RESOLUTION ratifying and adopting the Washington State Patrol and Yakima County Traffic Safety Task Force. *12. CONSIDERATION OF RESOLUTION CERTIFYING YAKIMA VALLEY OIC AS A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) RESOLUTION NO. R- 2002 -56, A RESOLUTION authorizing and certifying Yakima Valley Opportunities Industrialization Center (O.I.C.) as a City of Yakima designated Community Housing Development Organization (CHDO) *13. CONSIDERATION OF RESOLUTIONS AUTHORIZING SUBMISSION OF PUBLIC WORKS TRUST FUND APPLICATIONS FOR: A. PHASE I OF THE RIVER ROAD DEVELOPMENT PROJECT FOR SEWER MAIN LINE RESOLUTION NO. R- 2002 -57, A RESOLUTION to authorize the City Manager to execute applications, certifications and agreements pursuant to an application for a loan from the Washington State Public Works Trust Fund in the amount of $2.5 million for Phase 1 of the River Road Development Project. B. WATER TREATMENT PLANT IMPROVEMENTS RESOLUTION NO. R- 2002 -58, A RESOLUTION to authorize the City Manager to execute applications, certifications, and agreements pursuant to an application for a loan from the Washington State Public Works Trust Fund in the amount of $2,694,500 for Naches River Water Treatment Plant (NRWTP) Improvement Project. *14. CONSIDERATION OF RESOLUTION ACCEPTING THE SECOND, THIRD AND FOURTH QUARTERS 2001 CLAIMS REPORT RESOLUTION NO. R- 2002 -59, A RESOLUTION accepting and approving the 2nd 3rd and 4th Quarter 2001 Insurance Claims Report. *15. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR JUNE 13, 2002 TO CONSIDER VACATION OF ALLEY IN THE VICINITY OF 200 NORTH FRONT STREET REQUESTED BY YAKIMA COUNTY COMMISSIONERS RESOLUTION NO. R- 2002 -60, A RESOLUTION fixing time for public hearing before the Hearing Examiner on June 13, 2002, on a petition filed with the City Clerk by Yakima County, for the vacation of a platted alley in the vicinity of 200 North Front Street. 8 MAY 7, 2002 27 *16. APPROVAL OF RIGHT -OF -WAY USE PERMIT TO REPLACE BLOCK WALL ALONG NOB HILL BOULEVARD BETWEEN 12 AND 16 AVENUES ON THE NORTH AND 12 AND 13 AVENUES ON THE SOUTH REQUESTED BY YAKIMA VALLEY COMMUNITY COLLEGE The Right -of -Way Use Permit to replace the existing 1,200 feet of concrete block wall with a wrought iron or similar fence along West Nob Hill Boulevard between 12 Avenue and 16 Avenue on the north side and between 12 and 13 Avenues on the south side was approved. *17. APPROVAL OF FIRST QUARTER 2002 CODE ENFORCEMENT ACTIVITY REPORT The First Quarter 2002 Code Enforcement Activity Report was approved. *18. APPROVAL OF 2001 YEAR -END CAPITAL IMPROVEMENT PROJECTS /LABOR REPORT The 2001 Annual Capital Improvement Projects land Labor Report was approved. *19. APPROVAL OF FIRST QUARTER 2002 ACCOUNTS RECEIVABLE REPORT The First Quarter 2002 Accounts Receivable Status Report was approved. *20. APPROVAL OF 2001 YEAR -END MEDICAL INSURANCE REPORT The 2001 Year -End Medical Insurance Report was approved. 21. SET DATE OF CLOSED RECORD PUBLIC HEARING FOR MAY 21, 2002 TO CONSIDER APPEAL OF HEARING EXAMINER'S DECISION ON CLASS 2 REVIEW TO OPERATE A CARD ROOM AT 3807 RIVER ROAD, FILED BY LYNN RAYMOND The developer was contacted and asked if moving the date of this public hearing would be acceptable to him. He advised it would be a severe hardship to change that date as their commitments are already in place with respect to financing this project and they have established a date with the Gambling Commission. There was a lengthy discussion about the appeal process in YMC 15.16.050. A break in the discussion occurred to obtain the file to verify the date the record was transmitted to Council. Following the conclusion of discussion of Item No. 22, Council resumed consideration of Ms. Raymond's request. Mr. Valoff reported that the record has not yet been provided to Council. Following further discussion and an attempt to schedule a special Council meeting, Ms. Raymond withdrew her request to change the date of hearing. BUCHANAN MOVED AND SIMS SECONDED TO SET THE DATE FOR THE CLOSED RECORD PUBLIC HEARING FOR MAY 21, 2002. The motion carried by unanimous voice vote; Mattson absent. 9 28 MAY 7, 2002 22. SET DATE OF CLOSED RECORD PUBLIC HEARING FOR JUNE 4, 2002 TO CONSIDER HEARING EXAMINER'S DECISION ON REZONE OF CONGDON ORCHARDS' PROPERTY IN THE VICINITY OF SOUTH 64 72 AVENUES, WEST NOB HILL BOULEVARD AND WEST WASHINGTON AVENUE Wilma Koski, 6403 Terry Avenue, requested to have the hearing scheduled to an evening meeting and had questions about what they would be allowed to discuss in a closed record hearing. She said they really would Tike it remanded back to the hearing examiner so they could discuss all their concerns about his proposal. (Council Member Mattson absent after 5:15 p.m.). City Attorney Paolella reviewed the legal principals involved for public hearings clarifying, in particular, what can be commented on in a closed record hearing. He recommended going forward with the closed record hearing and the possibility of a remand could be considered at that time, but the applicant would have to be solicited. Chandra Harpel, 806 South 69 Avenue, also would like to see this issue remanded back to the hearing examiner. She submitted twelve pages of neighborhood signatures requesting a single evening hearing time. After discussion on the hearing time BUCHANAN MOVED AND SIMS SECONDED TO SET THE CLOSED RECORD HEARING FOR JUNE 4, 2002 FROM 6:00 P.M. TO 10:00 P.M. AT THE YAKIMA CONVENTION CENTER TO CONSIDER HEARING EXAMINER'S DECISION, ON REZONE OF CONGDON ORCHARDS' PROPERTY IN THE VICINITY OF SOUTH 64 72 AVENUES, WEST NOB HILL BOULEVARD AND WEST WASHINGTON AVENUE. The motion carried by unanimous voice vote; Mattson absent. City Manager Zais suggested they supply a list of the issues they wish to address so legal council can determine whether they are issues that fit into the confines of the closed record hearing. Mrs. Harpel responded that they would have their legal counsel review the list to make that determination. ORDINANCES 23. CONSIDERATION OF REPORT FROM COUNCIL TRANSIT COMMITTEE REGARDING BUS ACQUISITION FOR 2002 AND FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND APPROPRIATING FUNDS FOR PURCHASE OF BUSES (NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 5/21/02) Ken Mehin, Transit Manager, explained that the report requests replacing four of our eleven 16 -year old buses with the mid -size thirty -foot buses that are wheelchair accessible and have a capacity of 28 passengers. This would bring our handicap accessible fleet up to 85 %. This is in line with the Transit Committee's recommendations. An Ordinance amending the 2002 budget and appropriating funds for the purchase of transit buses, was read by title only, and laid on the table until May 21, 2002 for a second reading. 10 MAY 7 2002 • *24. SECOND READING OF ORDINANCE AMENDING THE 2002 BUDGET AND APPROPRIATING FUNDS TO PROVIDE POLICE DEPARTMENT OVERTIME FOR AIRPORT SECURITY / , An Ordinance amending the 2002 budget and appropriating funds for Police • Department overtime for airport security, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2002 -28, AN ORDINANCE amending the 2002 budget for the City of Yakima; and making appropriations of $190,000 within the 000 — General Fund for expenditure during 2002 to provide Police Department Overtime for Airport Security. *25. CONSIDERATION OF ORDINANCE MAKING IT UNLAWFUL TO WILLFULLY INTERFERE WITH A POLICE DOG ORDINANCE NO. 2002 -29, AN ORDINANCE relating to Public Safety and Morals; making willful interference with a police dog a misdemeanor, and enacting a new section, section 6.48.060; of the City of Yakima Municipal Code. *26. FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND APPROPRIATING FUNDS FOR WATER AND IRRIGATION GRANT FUNDED PROJECTS (NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 5/21/02) An Ordinance. amending the 2002 budget and appropriating funds for water and Irrigation grant- funded projects, was read by title only, and laid on the table until May 21, 2002 for a second reading. -. • QUASI- JUDICIAL CLOSED RECORD HEARING 27. CLOSED RECORD PUBLIC HEARING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON A REZONE OF PROPERTY IN THE VICINITY OF 1400 BLOCK OF SOUTH 1 STREET REQUESTED BY 511 LAND VENTURES LLC Dan Valoff, Senior Planner, explained this was a closed record public hearing to consider a request submitted by Del Mathews to rezone fourteen acres located near 1400 South 1 s ` Street from M -2 to CBDS. A public hearing was held by the hearing examiner on March 28, 2002 at which there was no public opposition. On April 9, 2002 the hearing examiner recommended approval. . • Mayor Place opened the public hearing Del Mathews, 511 Land Ventures LLC, said his plans fit the demographics of Yakima and he will be taking out a lot of the old buildings and cleaning up the neighborhood. • Mayor Place closed the public hearing SIMS MOVED AND BUCHANAN SECONDED TO APPROVE THE REZONE. The motion carried by unanimous roll call vote; Mattson absent. 11 30 MAY 7, 2002 28. OTHER BUSINESS The balance of the agenda was postponed. A. APPOINTMENT OF COUNCIL COMMITTEE TO REVIEW APPLICATIONS FOR • THE CAPITAL IMPROVEMENTS / FACILITIES COMMITTEE 29. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION Executive Session cancelled. 30. ADJOURNMENT BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO MAY21, 2002 AT 7:30 A.M. IN THE COUNCIL CHAMBERS FOR A STUDY SESSION ON CASINO ISSUES. The motion carried by unanimous voice vote. The meeting adjourned at 5:45 p.m. t i READ AND CERTIFIED ACCURATE BY. art_ 1 'loo. 9 /- 7 7—°2- UNCI EMBER DATE 1 1 AV/ ' A 4 9 7 C• NCIL MEM E DATE ATTEST: • 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 1 12