HomeMy WebLinkAbout06/04/2002 Business Meeting 47
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
JUNE 4, 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
A. PROCLAMATIONS (IF APPLICABLE)/ SPECIAL RECOGNITION:
There were no proclamations.
B. YARD OF THE MONTH RECOGNITION
Lynn Quesenbury, Parks and Recreation Administrative Specialist, introduced
Sarah Garcia, an intern from Central Washington State University, and
announced the Yard -of- the -Month recipients:
Zone 1 Northwest Jim & Sally Baldwin, 105 North 27 Avenue
Zone 2 Southwest Larry & Diane Beaudry, 5603 Arlington Avenue
Zone 3 Southeast Harl Kilgore, 904 South 22 Avenue
Zone 4 Northeast Sergio & Sara Toro, 410 North 4 Avenue
Following a video showing the yards -of- the - month, mugs and certificates were
presented to the winners.
C. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS
In response to Lee Clark's request at the last meeting to reduce the frequency of the cross
connection backflow device inspections, it was reported that the annual inspections are
required by state law (WAC 246 -290) and cannot be reduced by the City.. Dueane Calvin,
Water and Irrigation Manager, advised they have tried to introduce legislation to reduce the
frequency but have not had any success. Council Member Barnett suggested that during
budget review we consider eliminating the charge for these inspections.
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JUNE 4, 2002
D. CONSIDERATION OF APPOINTMENTS TO THE CITIZEN CAPITAL
IMPROVEMENTS / FACILITIES COMMITTEE
MATTSON MOVED AND SIMS SECONDED TO APPOINT THE FOLLOWING
PEOPLE TO THE CITIZEN CAPITAL IMPROVEMENTS /FACILITIES COMMITTEE:
Four -year terms: George Pechtel, Lina Stephens and Anne Knapp
Three -year terms: E. Thomas Culpepper, Bob Brown and Juven Garcia
Two -year terms: Ron Bonlender, Tim McGree and Javier Gutierrez
One -year terms: Neil McClure and Clarence W. Gipson
The motion carried by unanimous voice vote. Council Members Mattson and George
were appointed as ex- officio members of the committee with Mayor Place as an
alternate.
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. 11 was removed from the agenda and Item No. 16
was added to the Consent Agenda. 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.)
*A. APPROVAL OF THE MINUTES OF THE MAY 21, 2002 BUSINESS
MEETING
The minutes of the May 21, 2002 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
Alonzo Marquez, 613 North 3 Street, made a plea to Council to not shut down Miller
Pool and described the negative effects resulting from the neighborhood kids not
having the pool for entertainment during the summer. Mayor Place advised that a
meeting is scheduled for Wednesday, June 5 to review other alternatives.
Sally Mayo, 209 North 32 Avenue, distributed copies of the White Cane Law and
Layla's Law to Council. She told Council about four recent experiences she and her
service dog have had where aggressive dogs have been loose and attacked her dog in
the downtown area. Mayor Place asked for addresses of the locations where the
incidents occurred. Ms. Mayo advised that she has filed complaints through Animal
Control and with Detective Copeland, and is looking into pressing charges under
Layla's Law. She said that one of the dogs is still not being contained or leashed. She
also advised that Guide Dogs Inc. is watching this situation very closely. Mayor Place
committed to get in touch with Detective Copeland and Animal Control on this issue.
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JUNE 4, 2002
Bill Smedley, 103 North 53 Avenue, reinforced what Ms. Mayo said regarding the
problem with attacks on service dogs. He said that due to a lack of understanding of
the impact to the victim, officers responding to the attacks seem to have an attitude of
"no blood, no harm ". He explained the residual problems they deal with after their
• service dogs have suffered an attack, how it impacts the animal's focus and how
serious an issue it becomes. He recommends the City enforce these laws and issue
citations. Mayor Place said they would review this with our Legal Department and
have a report come back to Council on this subject.
PUBLIC HEARING
6. PUBLIC HEARING ON APPEAL FILED BY RICHARD A. MINER ON DENIAL OF
ISSUANCE OF TAXI DRIVER'S LICENSE
Jeff West, Senior Assistant Attorney, presented the facts in this appeal.
Mr. Minor has five moving violations in the last five years and the ordinance
states three or more are cause to deny issuance of a license. That criterion
may be waived if the Chief of Police recommends it due to the nature of the
violations. The Chief of Police has not submitted a recommendation to waive
the denial in this case. Mr. West pointed out that this ordinance was adopted in
1997 at the insistence of the taxi companies.
• Mayor Place opened the public hearing
Lowell Felitz, owner of Black & White Cab Company, spoke on Richard
Miner's behalf saying he hasn't had a moving violation in nearly two years. He
requested Council give Mr. Miner a probationary license as he needs a driver
and Mr. Miner needs a job. He mentioned that other transportation companies,
such as Access Paratransit and People for People are not required to have city
licenses for their drivers. He also noted that a number of taxi drivers who have
had their licenses revoked for moving violations have gone to work for those
other agencies while they are waiting for the time period to pass to reinstate
their city license.
Richard Miner, 1914 South 8th Avenue, Union Gap, explained the two
accidents and how he was not at fault. He also pointed out that as a tow truck
driver he is basically doing the same function as a taxi by transporting people
as well as their vehicles. He referred to his revised personal situation and felt
that by getting married and having children he has matured and this is reflected
in his actions.
• Mayor Place closed the public hearing
MATTSON MOVED AND SIMS SECONDED TO DENY THE APPEAL. The
motion carried by a 6 -1 voice vote, Barnett voting nay. The Council requested a
staff report be prepared on the driving records of drivers for Access Paratransit
and People for People.
•
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JUNE 4, 2002
CITY MANAGER'S REPORTS
7. CONSIDERATION OF DECISION GRANTING APPEAL FILED BY LYNN RAYMOND
OF HEARING EXAMINER'S DECISION TO APPROVE A CLASS 2 REVIEW TO •
OPERATE A CARD ROOM AT 3807 RIVER ROAD
City Manager Zais explained that this is the formal motion to ratify the decision that
was reached at the May 21, 2002 Council, Meeting. GEORGE MOVED AND SIMS
SECONDED TO ADOPT THE DECISION. After discussion on the compatibility issue,
the motion carried by a 5 -1 roll call vote, Mattson voting nay; Puccinelli recused.
*8. CONSIDERATION OF RESOLUTION SETTING DATE OF JUNE 24, 2002 TO
REOPEN THE PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR THE
PURPOSE OF TAKING PUBLIC TESTIMONY ON THE CONDITIONS
RECOMMENDED BY THE HEARING EXAMINER ON THE CONGDON ORCHARDS
REZONE APPLICATION
RESOLUTION NO. R- 2002 -65, A RESOLUTION setting June 24, 2002 as the date to
reopen the public hearing before the Hearing Examiner's recommendation on the
Congdon Orchards rezone application, solely for the purpose of taking public
testimony on the conditions recommended by the Hearing Examiner in his
recommended action.
*9. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF
CONTRACTS RELATING TO THE NACHES WATER TREATMENT PLANT FISH
SCREENING PROJECT WITH:
A. CAROLLO ENGINEERS FOR PROFESSIONAL SERVICES
RESOLUTION NO. R- 2002 -66, A RESOLUTION ratifying the City Manager's
signature on Carollo Engineers' contract for services related to the Naches Water
Treatment Plant Fish Screening Project and related support.
B. GOLDER ASSOCIATES FOR TASK ORDER NO. 6
RESOLUTION NO. R- 2002 -67, A RESOLUTION ratifying the Assistant City
Manager's signature on the statement of work for Task Order #6, with Golder
Associates for services related to the Naches Water Treatment Plant Fish Screening
Project and related support.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH STATE FAIR RACEWAY TO PROVIDE FIRE PROTECTION
SERVICES DURING RACING EVENTS
RESOLUTION NO. R- 2002 -68, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a fire and safety services agreement
between the City of Yakima and the State Fair Raceway regarding fire and safety
services for racing events.
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JUNE 4, 2002
11. CONSIDERATION OF JOINT RESOLUTION WITH YAKIMA COUNTY RATIFYING A
GRANT APPLICATION AND AUTHORIZING EXECUTION OF FAA GRANT
AGREEMENT FOR AIRPORT SECURITY ENHANCEMENTS
This item was removed from the agenda.
*12. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING FOR
JUNE 18, 2002 ON THE SIX -YEAR TRANSPORTATION IMPROVEMENT PLAN
FOR 2003 THROUGH 2008
RESOLUTION NO. R- 2002 -69, A RESOLUTION fixing the time and place for a public
hearing on the Six -Year Transportation Improvement Program (STIP) for the period of
2003 through 2008.
The resolution sets a date of public hearing for June 18, 2002.
*13. SET DATE OF CLOSED RECORD PUBLIC HEARING FOR JUNE 18, 2002 ON
PRELIMINARY PLAT OF CREEKVIEW (SOUTH 80 AVENUE) REQUESTED BY
HAM PROPERTIES, LLC, DEVELOPER
June 18, 2002 was set as the date of closed record public hearing on the preliminary
plat of Creekview, requested by Ham Properties, LLC, developer.
*14. APPROVAL OF FIRE DEPARTMENT 2001 ANNUAL REPORT
The 2001 Annual Report of the City of Yakima Fire Department was approved.
*15. APPROVAL OF FIRST QUARTER 2002 GRANTS ACTIVITIES REPORT
The Grants Activity Report for the months of January through May 2002 was
approved.
ORDINANCES
*16. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN (FOR NEW POSITIONS)
ORDINANCE NO. 2002 -33, AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to be effective July 1, 2002;
amending Subsections 2.20.100 A, 2.20.100 B, 2.20.100 D, 2.20.110 A, and 2.20.110 B,
all of the City of Yakima Municipal Code.
*17. CONSIDERATION OF ORDINANCE GRANTING REZONE OF PROPERTY AT 1400
SOUTH FIRST STREET REQUESTED BY 511 LAND VENTURES LLC
ORDINANCE NO. 2002 -34, AN ORDINANCE concerning land use and zoning,
rezoning six parcels (approximately 14 acres) in the vicinity of the 1400 block of South
First Street from Heavy Industrial (M -2) to Central Business District Support (CBDS),
and amending the Official Yakima Urban Area Zoning Map accordingly.
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JUNE 4, 2002
*18. SECOND READING OF ORDINANCE AMENDING THE 2002 BUDGET AND
APPROPRIATING FUNDS TO IMPLEMENT THE WASTEWATER COST OF
SERVICE AND RATE STUDY AND FACILITIES PLAN
ORDINANCE NO. 2002-35, AN ORDINANCE amending the 2002 budget for the City
of Yakima; and making appropriations to implement the Wastewater Cost of Service
and Rate Study and Facilities Plan from Unappropriated Fund Balances within various
Funds for expenditure during 2002.
*19. CONSIDERATION OF LEGISLATION REGARDING PUBLIC FACILITIES DISTRICT
ESTABLISHING FUND ACCOUNTS AND APPROPRIATION FOR DEBT SERVICE:
A. ORDINANCE CREATING THE PUBLIC FACILITIES DISTRICT REVENUE
FUND
ORDINANCE NO. 2002-36, AN ORDINANCE relating to funds and accounts; creating
a Public Facilities District Revenue Fund; designating the sources of revenue and
permissible expenditures from such fund; and enacting Chapter 3.116 "Public Facilities
District Revenue Fund" as a new Chapter and Sections 3.116.010, 3.116.020 and
3.116.030 as new sections of the City of Yakima Municipal Code.
B. FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND
APPROPRIATING FUNDS FOR PUBLIC FACILITIES DISTRICT DEBT
SERVICE AND OTHER COSTS RELATED TO THE EXPANSION OF THE
YAKIMA CONVENTION CENTER (NO ACTION REQUIRED AT THIS MEETING; SECOND
READING SCHEDULED 6/18/02)
An Ordinance amending the 2002 budget and appropriating funds to provide for debt
service and other costs related to expansion of the Yakima Convention Center, was
read by title only, and laid on the table until June 18, 2002 for a second reading.
20. OTHER BUSINESS
It was announced that the Association of Washington Cities meeting is to be held in
Yakima June 19 -21 Lynn Buchanan, Paul George and Mary Place will be voting
delegates at the meeting and staff will be the alternates.
• • Information Items
Items of information provided to Council were: Agenda for the June 5, 2002 Community
Review Board meeting; Agenda for the June 6, 2002 Yakima Downtown Association meeting
and minutes of its May 2, 2002 meeting; Agenda for the June 11, 2002 Tahoma Cemetery Task
Force meeting and minutes of its May 14, 2002 meeting; First Quarter 2002 Municipal
Court/Probation Office Statistics; Planning Division Assignments Pending Report as of June 3,
2002; Resolution passed by the Board of Yakima County Commissioners re: Establishment of
Yakima County Emergency Medical Services Operations Board and minutes of the April 23,
2002 EMS Operations Board meeting; and Hanford Happenings; May 2002.
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JUNE 4, 2002
21. EXECUTIVE SESSION REGARDING PENDING LITIGATION
BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE
SESSION FOR APPROXIMATELY 45 MINUTES FOLLOWED BY ADJOURNMENT
TO JUNE 11, 2002 AT 7:30 A.M. FOR A STUDY SESSION ON CASINO ISSUES.
The motion carried by unanimous voice vote.
22. ADJOURNMENT
The meeting adjourned at 3:18 p.m.
READ AND CERTIFIED ACCURATE BY: / /,4.41P - 5 -17^
CO NCIL MEMBER DATE
COUNCIL MEMBER 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
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