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HomeMy WebLinkAbout06/18/2002 Business Meeting 58 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JUNE 18, 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, Assistant City Attorney McMurray, 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 Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. SPECIAL RECOGNITION Bob Wardell, Chair of the Yakima Housing Authority, introduced Dick Allen as the new Executive Director. Mr. Allen said he has a 30 -year background in private business and has a passion to see if we can do a little better and make this community a better place to live. B. SPECIAL MESSAGE: MISS YAKIMA VALLEY, TIFFANY NYGARD, "DON'T DRINK AND DRIVE" Tiffany Nygard, 705 West Wyatt Lane, Seabeck, Washington is representing Yakima at the Miss Washington pageant. She took this opportunity to promote her "Don't Drink and Drive" platform. She will be campaigning for harsher drinking laws for Washington State. C. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS (IF APPLICABLE) None: D. CONSIDERATION OF APPOINTMENT TO THE PUBLIC FACILITIES BOARD BUCHANAN MOVED AND MATTSON SECONDED TO APPOINT RICHARD ECKEL TO THE PUBLIC FACILITIES BOARD. The motion carried by unanimous voice vote. 59 JUNE 18, 2002 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. 10 was removed from the Consent Agenda and Item No. 13 was removed from the 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 JUNE 4, 2002 BUSINESS MEETING The minutes of the June 4, 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 No one came forward to speak. PUBLIC HEARINGS 6. PUBLIC HEARING ON SIX -YEAR YEAR TRANSPORTATION IMPROVEMENT PLAN FOR 2003 THROUGH 2008 K. Wendell Adams, City Engineer, introduced the plan and noted the first three years are the most important in order to obtain federal funding. There was discussion about the status of the Mead Avenue project and sidewalks on Item No. 14. Also discussed was the addition of Tieton Drive from 72 Avenue to 80 Avenue. • Mayor Place opened the public hearing Mark George, 8104 Plath Avenue, addressed concerns about safety on 80 Avenue between Tieton Drive and Zier Road. He described it as a two -lane road with narrow to no shoulders and ditches on both sides. He said it is used by school buses, and now City buses and there is no place for the buses to pull over. There are no safe places for the kids to stand and wait for the buses. Mayor Place advised that the area had just been added to the plan. Mr. George requested it be expedited. • Mayor Place closed the public hearing Council Member Puccinelli clarified that if something happens to void the annexation • of that area to the City, the residents would have to look to the County for these improvements. Mr. Adams advised that we have been talking with the County who has an aggressive program for paving their residential streets. They do them on a prioritized basis. Mr. Adams noted another area that could be added to the TIP, and 2 60 JUNE 18, 2002 that was a section on Zier Road from 75 to 72 " He said it currently is just asphalt with no curb, gutter or sidewalk. He has spoken with the County and they would be willing to partner with the City in a grant or other type of application to complete a sidewalk in that area. The clerk read the resolution by title only, BARNETT MOVED AND BUCHANAN SECONDED TO ADOPT THE PLAN AS AMENDED TO INCLUDE 80 AVENUE, TIETON TO ZIER ROAD, AND ZIER ROAD, 75 TO 72 AVENUES. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2002 -70, A RESOLUTION adopting the Six -Year Transportation Improvement Program for the period of 2003 through 2008 for the construction of streets and arterial streets in the City of Yakima. 7. PUBLIC HEARING ON PROPOSED LEGISLATION REGULATING CERTAIN SOCIAL CARD ROOMS (HOUSE BANKED CARD ROOMS): A. CONSIDERATION OF ORDINANCE ADOPTING A SIX -MONTH MORATORIUM ON THE FILING AND ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR, AND THE LOCATION OF, LAND USES OPERATING OR CONDUCTING CERTAIN SOCIAL CARD GAMES (HOUSE- BANKED CARD ROOMS); EXEMPTING LAND USES FOR WHICH A DEVELOPMENT APPLICATION WAS PENDING UPON THE EFFECTIVE DATE OF THIS ORDINANCE OR WHICH WERE LEGALLY IN EXISTENCE AT SUCH TIME; AND PROVIDING THAT VIOLATION OF THE MORATORIUM IS A MISDEMEANOR B. CONSIDERATION OF A PROPOSED AMENDMENT TO THE ZONING CODE TO REQUIRE CLASS 3 REVIEW FOR CERTAIN SOCIAL CARD ROOMS (HOUSE BANKED CARD ROOMS) Ken Harper, attorney representing the City, explained that a public hearing is required prior to adopting a moratorium. This agenda item is for a proposal that would enact a moratorium on certain house -bank card rooms and also a proposal to apply Class -3 review throughout the city for social card rooms. The public hearing is mandated by the moratorium only. As written, the proposal exempts any vested existing use, exempts (allows) the enhancement pursuant to gambling commission regulations of the existing gambling license. As drafted, the proposal would be effective for six months which is the maximum under state law although a shorter period is permissible. At the end of the six months the moratorium could be extended, but an extension would require another public hearing and Findings of Fact to explain the extension. The effective date of the moratorium would be 30 days after ordinance passage and publication. City Manager Zais clarified that the hearing is for both the moratorium and the Class -3 review, as advertised, even though it is not legally required for both. Council Member Mattson claimed that he and Council Member Puccinelli both had difficulty with the six -month period as the end of it will coincide with the budgeting process. They would rather see a three -month moratorium. 3 6 1' JUNE 18, 2002 Doug Maples, Code Enforcement and Planning Manager, said the six -month period is justified due to the amount of material needing to be reviewed, the need to cooperate and review with the County, and the lack of staff to support a shorter time frame. There was discussion on the timing for amendments to Table #4 and the Class 3 review. City Manager Zais advised that the change to require a Class -3 review could be accomplished in 90 days. • Mayor Place opened the public hearing Laura Turner, 1415 South 32 Avenue, said she is against any kind of a moratorium on card rooms. This should be a business friendly community and card rooms are a legal business in the state of Washington. This really is a referendum on gambling. She would hate to see a small group, governmental or citizen, try to legislate choices of adults as to their access to different forms of entertainment. Aileen Kane, 701 South 14 Avenue, said that, although she doesn't care for gambling, these are legal businesses. We are Americans and have legal choices available to us. If people have a problem with gambling it is up to them to instruct their children appropriately as to their views. She stated concern about how business friendly Yakima is. Lynn Raymond, 2302 -A West Viola, co -chair of the Family Friendly Yakima group, said the moratorium is needed to investigate the effects of gambling on our neighborhoods and community. She thinks it will take at least six months to study the available information. She supplied various facts and figures from studies on gambling. Sandra Samec, 1312 South 80 Avenue, does not support a moratorium. She works as a card dealer. She said it is not a moral issue; it is an economical issue. Gambling is an entertainment and if people don't have access to it in Yakima they will take their money someplace else. Lois Jervais, co -chair of the Family Friendly Yakima group, presented 833 more signatures against additional casinos in Yakima. She expressed concern that Yakima is just interested in making money no matter how. She read a quote by U. S. Attorney General, John Ashcroft, against gambling. She supports the six -month moratorium. Ted Hornbuckle, 4213 South 42 Avenue, spoke against the affect of a small group of people trying to block gambling. He said the casinos are under scrutiny and are obeying the law. He thinks gambling should be allowed to continue. Aaron Hernandez, 1705 South Fair Avenue, emphasized that gambling is entertainment. He compared it to other forms of entertainment such as softball, swimming, and all sports. He said that bringing another casino into Yakima is not creating more jobs but taking jobs from other establishments to make the new place operate nor is it creating more gamblers. He said there are a lot of good people, and single parents, working at casinos. He wanted people to know that the current casinos do not have slot machines. 4 62 JUNE 18, 2002 Sandra Swanson, 6 South 6 Street, spoke on behalf of Representative Jim Clements. Jim has worked at the state level to pass legislation that would establish and clarify local control of legalized gambling. He favors a six -month moratorium to give the Council ample time to study the issue and then to act in the best interest of the community. Mayor Place said Representative Clements had just called her and said he is willing to support legislation to give cities land use powers on gambling through the Gambling Commission. He had a bill last session, House Bill 2946, that passed the House but did not get a hearing in the Senate. He also said he would be willing to sit down with us to help the City deal with the issue. Mrs. Swanson said that last week on the radio Council Member Puccinelli fully agreed that an increase in crime is one of the real problems associated with gambling. She hoped that awareness of this problem and the willingness to look at the research will cause the Council to vote for this moratorium. Tess Taylor, 3005 Castlevale Road #45, spoke in support of the moratorium. Fred McMillen, 804 Minnesota Drive, Tieton, asked if the moratorium affected the gaming already in place and was told it does not. It was explained that it puts a hold on the existing card rooms allowing the City to study what other cities are doing and it will not allow more card rooms to be open during the moratorium. He then agreed with the moratorium. Crystal Kahlamet, 204 South 49 Street, wanted to respond to all those who were speaking negatively about alcohol abuse and drinking and driving problems they say are related to casinos. She invested her own time and money taking classes for the job in a casino and cares about her customers. She makes sure they do not drive home drunk. Cabs are called for them. All of the casino employees watch for that. Council Member Puccinelli agreed that anyone who serves alcohol in the state of Washington had to take classes to get their liquor license. He pointed out that if someone leaves the premises and is given a DUI citation, the server can be held personally responsible. The liquor laws in this state are very specific about over - serving, and the burden is on the servers. Lumi Lauden, 822 North 51S Avenue, said she appreciates the plight of the casino employees as jobs are scarce. She also agreed that casinos are very safe, but what we're not seeing is what is happening at home. It's not what you're seeing in the casinos that is the safety issue, it's the people coming home late and kids being left alone; we're not seeing the hidden costs to our society. Ken Parsley, 710 North 2nd Street, said he has heard a lot of comments regarding the lack of morality involved in this issue and that's a very . important concern. How do we as leaders in our community deal with the moral issues? Listening to Council Member Puccinelli's comments about the serving of alcohol he was reminded that each person who serves that alcohol has made a legal and moral decision as to how much that person gets to drink. The gambling issue is a similar decision. It's just as valid for us as a community to say, yes, there are legal issues concerning this, but all of them have a moral base and to ignore that is to ignore the personal and family value of our community. Each of us in leadership roles have concerns about people's jobs and livelihood, but we have to look at the larger picture, the moral issue, what is the right thing and what is wrong thing to do. He urged Council to have the courage to make a moral decision, which is their legal responsibility. 5 63 JUNE 18, 2002 Lynne Kittelson, 305 North 9 is concerned about the comment that we need jobs. We need to distinguish between service level jobs at lower pay and family wage jobs that are higher pay and support a family. She recommended looking at some of the definitions as well. She was not sure whether the casino on Nob Hill is a casino, a mini casino, or a card room. She also recommended there be clarification of our land use and cited examples. She thinks we need to have economic development here and that one of the major reasons people in this area say that we are not business friendly is because we don't have policies that govern. She said the same is true for gambling, we need a policy. She supports the moratorium and recommends the Council develop a policy that is consistent for when it comes to getting a license. Mike Davis, 4964 Pearview Drive, spoke about the previous comments made about this being a moral decision. He referred to Jesus Christ turning water into wine and his comments about all things in moderation. He said evil doesn't lie within the liquor itself but in what a free man chooses to do. He supports the moratorium but doesn't think the plan should be to eliminate card rooms. He thinks Yakima should take advantage of what is inevitable and make sure they get the tax dollars to support their local programs. He supports the moratorium on new casinos and card rooms, but doesn't think there is large enough economic appetite to adequately support the current number of card rooms as well as bingo. He supports this opportunity to allow existing casinos to compete without the hindrance of others that operate just across the County line such as the proposed casino and horseracing track at the Fairgrounds. Although he feels that competition crushers such as raising the gaming tax, not allowing slot machines, or a sunset clause demanding the existing casinos be shut down after a period of time, would only send badly needed funds and tax dollars away from Yakima and into other municipalities. He acknowledged one group of people that don't want to be annoyed by the casinos, but said there are hundreds of families that depend on their jobs and people who depend on the tax revenue that supports police and fire. He recommends limiting the number of casinos within the city. Council Member Puccinelli questioned Mr. Davis' motives and asked if he would really be comfortable with the government stepping in and regulating the number of businesses allowed to operate. Mr. Davis restated that he would like to eliminate the things that would impact fair competition. When asked by Council Member Sims what organization he was affiliated with, Mr. Davis replied that he is the Finance Director at the Caribbean Casino. Collette Musil, 609 West Holm Avenue, Manager of the Caribbean Casino, said she supports the moratorium. She believes Yakima has reached saturation on casinos and cannot support another house - banked card room. It was her opinion that if more are allowed it will not create new gamblers, but will put existing casinos out of business. • Mayor Place closed the public hearing Mayor Place advised she had spoken with Yakima County, Selah and Union Gap to schedule time to discuss jurisdiction issues. Union Gap is holding a study session on this subject and Council Member George will represent Yakima. Selah advised they will be passing a type of moratorium. Council Member George discussed the advantages and disadvantages of three months versus six months for the moratorium. He preferred six months noting it could end early if they were able to accomplish their study in less than six months. He believes it is our duty to develop 6 64 JUNE 18, 2002 a policy and, with citizen input, determine where future casinos can best be located. He strongly favors a Class -3 review. He clarified that this is not about banning casinos, or about putting existing ones out of business, or raising taxes or allowing slot machines; but it is about establishing a policy so when future applicants come to the city they know they have to go through a Class -3 review on location. GEORGE MOVED AND BUCHANAN SECONDED TO AMEND THE ZONING CODE TO REQUIRE CLASS 3 REVIEW FOR CERTAIN SOCIAL CARD ROOMS. Mayor Place advised that we have received an application from Pete's, therefore they would not fall under this Class -3 Review rule. Council Member Mattson said he would like to see video gaming terminals added to the definition for social card rooms. He said if the state supplies any guidance as to what video gaming terminals are he would like to see that added to our legislation as a pre - emptive move. Mayor Place advised that in her conversation with Representative Clemens he said he does not know if the votes are there for the video gambling. If they are, his proposal would include a local vote to decide ourselves if we wish to go forward. Council Member Puccinelli agreed with Council Member Mattson's suggestion of dealing with this issue up front but said it's important to remember that this will also be enforced against the non- profits. There are some non - profits right outside the city limits that may be allowed to use the video terminals and that would break the City's non - profits if one guy could have them and others could not. Discussion on slot machines and video gaming terminals continued. MATTSON MOVED TO AMEND THE DEFINITION OF SOCIAL CARD ROOMS TO INCLUDE VIDEO GAMBLING AND SLOT GAMBLING. Council Member Puccinelli thinks Council should wait to see what legislation is passed before making this motion. Paul McMurray, Assistant City Attorney, said his concern would be if the state passes the law and has a totally different definition then the City would have to change the Municipal Code. For logistical reasons the Council may want to wait until the state does something before adding it to the provisions. Ken Harper, attorney for the City, clarified that under state law social card game means a card game that constitutes gambling. If Council wants to pull in other matters like video gaming or slots, it would have to be defined by local ordinance. COUNCIL MEMBER MATTSON WITHDREW THE AMENDMENT. The question was called for a vote on the original motion. It was clarified that the motion would take effect take in 30 days. The motion carried by a unanimous voice vote. MATTSON MOVED AND SIMS SECONDED TO HAVE LEGISLATION DRAFTED AMENDING THE URBAN AREA ZONING ORDINANCE ADDING THE DEFINITION TO INCLUDE VIDEO ELECTRONIC GAMING AND SLOTS MACHINES AS A COMPONENT OF SOCIAL CARD ROOMS EXCLUDING , GAMING ROOMS AND IMPOSE A CLASS 3 REVIEW. Council Member Puccinelli again stated that we don't know what the state is going to do and as a result we may have no authority at all. There was further discussion about what the impact would be if Washington followed Oregon's example and included video gaming in the state lottery. Ken Harper agreed that there is an essential distinction between governing land uses and governing gambling activities. If the Council would like to extend the definition of social card rooms to include various types of gaming and regulate that as a land use, that would be legally permissible. The difficulty comes up if Council wants to regulate certain types of gaming. That's where the state has completely pre - empted the field. The goal is to pre -empt the slot machines from slipping in 7 JUNE 18, 2002 65 without a community review. He thinks the moratorium should give us time to find out what will be happening with electronic gaming machines. The discussion continued. The question was called for a vote on the motion. The motion carried by a 6 -1 voice vote, George voting nay. The City Clerk read the ordinance by title only, GEORGE MOVED AND BUCHANAN SECONDED TO APPROVE THE ORDINANCE. City Manager Zais requested that when the Council members state their position they clarify any findings of fact and conclusions individually so they may be incorporated to come back for independent adoption. BARNETT MOVED AND PUCCINELLI SECONDED TO AMEND THE MORATORIUM FROM SIX MONTHS TO 90 DAYS. Council Member Puccinelli re- emphasized his point that this is only "feel- good" legislation because the state said they issue licenses anyway. He feels the Council should be able to come to a conclusion in 90 days. Council Member Mattson said he was originally in support of a 90 -day moratorium but after realizing the community discussion that needs to take place has changed to support a six month moratorium. The question was called for a vote on the amendment to the motion. The motion failed 5 -2, Mattson, Place, Buchanan, Sims, and George voting nay. The question was called for a vote on the original motion. • Mayor Place voted aye stating we need to talk with the other jurisdictions close to us and with Representative Clemens and have him put together legislation that we might bring to the State Legislature, and to obtain definitions for video gaming and other items. Mr. McMurray clarified they would bring to the next Council meeting formal findings of fact for Council to pass. • Council Member Puccinelli voted nay, again stating he feels it is "feel- good" legislation, and that closing down all casinos would not stop a gambling problem as the people would just go to the Nation. He said holding this up for six months is not allowing new card rooms in and we are also holding up revenue that fully goes to the police and the courts. • Council Member Sims voted aye, saying all the facts have been listed. • Council Member Barnett voted nay, saying he thought six months was too long. • Council Member Buchanan voted aye, agreed with the findings listed, and feels the City Council needs to adopt a policy for future legislation. • Council Member George voted aye and said he thinks there is ample reason for the full six months and if not we can terminate the moratorium earlier. • Council Member Mattson voted aye stating the community, and the region, needs more dialogue on this issue. . As a community we care where gambling facilities may locate within our city and, finally, we would like to exercise our police power to the fullest extent of the law. The motion carried by a 5 -2 roll call vote. ORDINANCE NO. 2002-37, AN ORDINANCE of the City of Yakima, Washington, adopting a six -month moratorium on the filing and acceptance of development applications for, and the location of, land uses operating or conducting certain social card games (i.e., house - banked card rooms); exempting land uses for which a development application was pending upon the effective date of this ordinance or which were legally in existence at such time; providing that the moratorium shall be in effect for six months; through January 20,,2003; and providing that violation of the moratorium is a misdemeanor. 8 66 JUNE 18, 2002 CITY MANAGER'S REPORTS 8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE YMCA TO OPERATE MILLER POOL FOR THE 2002 SUMMER SEASON Denise Nichols, Parks and Recreation Manager, explained that some community members have come forward and raised the money to open Miller Pool and the YMCA has agreed to operate the pool for the summer. Contributions will be accepted throughout the season. As part of the fundraising effort, Council Member Puccinelli agreed to have his head shaved if funds were raised to open the pool; therefore this event is scheduled for July 8, 2002. Council Member Mattson commented that another outcome from the Miller Pool issue is a long -term effort to look at our water -based recreation needs. 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 -71, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and he Young Men's Christian Association for the operation and maintenance of the public swimming pool at Miller Park during the summer of 2002. 9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED AGREEMENTS FOR VARIOUS COMMUNITY SERVICE PROJECTS Bill Cobabe, Office of Neighborhood Development Manager, explained that for the past few years the City participated in sharing block grant funds with community service organizations. He reviewed the approval process and the recommendation for five projects. Discussion ensued on the policy and selection process. The intent is to supply start-up funding for programs and then they should be seek funding elsewhere for subsequent years. He went on to describe the projects receiving funding this year; Best Self, Yakima Schools Foundation, Success by 6, YWCA Multi- Organizational Domestic Violence Intervention Team, and United Way . "4 People ". Council Member Buchanan expressed his opinion that this grant money would be better spent and benefit more people if it was put toward rebuilding part of the irrigation system. Irene Bazan, 24 South 3rd Avenue, represents the Youth Financial Fitness Program. She said their request was denied and she outlined why she thought their program was more deserving than some of those that were chosen. A number of students who previously benefited from the program also spoke in support of the program. Council Member Sims agreed that it is a good program and recommended they search other avenues for funding such as Rotary. Bill Cobabe, responded to a question about unused monies from previous years. He said they just found out this week that some money is being returned and that it could be reallocated for additional projects. He also said that the Youth Financial Fitness Program has only spent half of their allocated money to date. They have been given a contract extension in order to utilize that money through the end of 9 JUNE 18 2002 7 December. They could also be considered for reallocation of unspent funds. COUNCIL MEMBER SIMS MOVED AND MATTSON SECONDED TO • AUTHORIZE THE COUNCIL COMMITTEE TO REVIEW THE APPLICATIONS FOR FUNDING USING FUNDS ALLOCATED FOR PROGRAMS LAST YEAR BUT NOT SPENT. The motion carried by unanimous voice vote. The Clerk read the resolution by title only; SIMS MOVED AND MATTSON SECONDED TO ADOPT THE RESOLUTION. Motion carried by 6 -1 roll call vote, Buchanan voting nay. 10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE HUD ECONOMIC DEVELOPMENT INITIATIVE GRANT PROGRAM FOR COMMERCIAL DEVELOPMENT LOAN FUND Council Member Puccinelli said he and Council Member Sims suggest the minimum dollar amount per project be lowered from $500,000 to $250,000. This should help enable us to use the money before it has to be turned back in. The City Clerk read the resolution by title only, PUCCINELLI MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. PUCCINELLI MOVED AND SIMS SECONDED TO ACCEPT OPTION A OF THE RESOLUTION. The motion carried by unanimous voice vote. *11. CONSIDERATION OF JOINT RESOLUTION WITH YAKIMA COUNTY J RATIFYING A GRANT APPLICATION AND AUTHORIZING EXECUTION OF FAA GRANT AGREEMENT FOR AIRPORT SECURITY ENHANCEMENTS AND WILDLIFE STUDY RESOLUTION NO. R- 2002 -74, 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. *12. CONSIDERATION OF RESOLUTION RATIFYING EXECUTION OF AGREEMENT WITH DAVIS, OPFER AND RAAB ARCHITECTS FOR PROFESSIONAL SERVICE RELATING TO FIRE STATION NO. 95 RENOVATIONS RESOLUTION NO. R- 2002 -75, A RESOLUTION ratifying and authorizing execution of an architectural services agreement between the City of Yakima and Davis Opfer Raab Architecture, P.L.L.C., to develop specifications to complete construction of training facilities and renovation of the living quarters of Fire Station No. 95 (formerly City of Yakima Fire Station No. 5), 807 East Nob Hill Boulevard, Yakima, Washington. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH MAXIMUS FOR SITE ANALYSIS AND RECOMMENDATIONS FOR PUBLIC WORKS DEPARTMENT This item was removed from the agenda. 10 68 JUNE18,2002 *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH THE 4 111 OF JULY COMMITTEE • RESOLUTION NO. R- 2002 -76, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Fourth of July Committee to provide a fireworks display on the evening of July 4, 2002. *15. CONSIDERATION OF RESOLUTION APPROVING THE FIRST QUARTER 2002 CLAIMS ACTIVITY REPORT RESOLUTION NO. R- 2002 -, A RESOLUTION accepting and approving the 1st Quarter 2002 Insurance Claims Report. *16. SET DATE OF CLOSED RECORD PUBLIC HEARING FOR JULY 2, 2002 ON THE HEARING EXAMINER'S RECOMMENDATION TO APPROVE ALLEY RIGHT -OF -WAY VACATION IN THE VICINITY OF NORTH 23 AND LINCOLN AVENUES REQUESTED BY PICATTI BROTHERS July 2, 2002 was set as a date of closed record public hearing to consider the Hearing Examiner's recommendation to approve an alley right -of -way vacation in the vicinity of North 23 and Lincoln Avenues, requested by Picatti Brothers, Inc.. *17. APPROVAL OF REPORTS FROM FINANCE DEPARTMENT: A. FIRST QUARTER 2002 TREASURY REPORT The First Quarter 2002 Treasury Report was accepted. B. APRIL 2002 REVENUE AND EXPENDITURE (BUDGET) REPORT The April 2002 Revenue and Expenditure (Budget) Report was accepted. ORDINANCES *18. CONSIDERATION OF LEGISLATION TO IMPLEMENT THE YAKIMA METROPOLITAN AREA MODEL (YMTA) UPDATE PROJECT: A. RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH TMODEL CORPORATION RESOLUTION NO. R- 2002 -78, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Professional Services Contract with TModel Corporation to conduct an update of the Yakima Metropolitan Area Transportation model, in support of urban area and regional transportation planning and programming. 11 JUNE 18, 2002 B. FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND APPROPRIATING FUNDS FOR UPDATE OF THE YMTA MODEL (NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 7/2/02) . An Ordinance amending the 2002 budget and appropriating funds to implement the Yakima Metropolitan Area Model Update Project, was read by title only, and laid on the table until July 2, 2002 for a second reading. *19. SECOND 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 ORDINANCE NO. 2002 -38, AN ORDINANCE amending the 2002 budget for the City of Yakima; and making appropriations of $480,000 within the 172 - Public Facilities District Revenue Fund for expenditure during 2002 to provide for debt service and other costs related to expansion of the Convention Center. *20. FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND APPROPRIATING FUNDS FOR CONSTRUCTION OF BALL FIELDS AT KIWANIS PARK (NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 7/2/02) An Ordinance amending the 2002 budget and appropriating funds for construction of ball fields at Kiwanis Park, was read by title only, and laid on the table until July 2, 2002 for a second reading. QUASI - JUDICIAL PUBLIC HEARING 21. CLOSED RECORD PUBLIC HEARING ON PRELIMINARY PLAT OF CREEKVIEW (SOUTH 80 AVENUE) REQUESTED BY HAM PROPERTIES, LLC, DEVELOPER During disclosures, Council Member George advised that his son and his friends are involved in this project and his request to be recused was granted. All other Council members had nothing to disclose. Ken Harper, attorney for the City, in describing what could take place in a closed record public hearing, said that in the context of a preliminary plat review the record is limited to what was presented to the hearing examiner. This matter went before the hearing examiner and he made a decision. Today the legislative body acts on that decision. No new testimony or documentary evidence is allowed. Any argument based on the record is proper and allowable. Bruce Benson, Senior Planner, described the Creekview project: ® A 38 block preliminary plat located on the east side of South 80 Avenue, south of the county park and west of the West Valley Middle School. ® Comprised of two existing lots of record, added together they cover 10.5 acres of R -1 zoned property. 12 70 JUNE 18, 2002 • Currently there are two existing homes on the property and they will remain within the plat, each on a separate lot. • Technical review of the plat disclosed that all standards of the subdivision ordinance, as well as the provisions of zoning ordinance which pertain to long plats, are in compliance. • Transportation concurrency review was completed and indicated there is sufficient capacity left within the surrounding streets to absorb the traffic from these 38 homes and still remain at level of service A. • At the April 25, 2002 hearing, there were people who testified both for and against the plat. • The hearing examiner verbally indicated he would recommend approval but would require a four -foot wide paved walking pathway to be constructed across the plat's fringe on South 80 Avenue. The Council discussed stormwater discharge and what requirements would be in effect when the property is developed. There was further discussion about children walking in the area and a recent conversation with the school district regarding an easement and the possibility of putting in a gate to the school's chain link fencing. There is hope that there would be some kind of an agreement between property owners, the school, and the park to address this issue in the future. The discussion lead to the potential of putting in a pathway between lots 13 and 14 where there is a sixteen -foot easement for sewer. Mr. Benson summarized that the hearing examiner issued a recommendation on May 15, 2002 to approve the preliminary plat and that staff recommends approval of the hearing examiner's recommendation. • Mayor Place opened the public hearing. Bill Horton, 410 North 2 nd Street, said there has been a lot of discussion about pathways before the hearing examiner and he felt more compelled to have one along 80 Avenue. He would recommend it be four feet wide asphalt as that's where he felt children would be catching a bus. Denise Helms, 7709 Loren Place, expressed concern about the safety of students walking on this street. Mark George, 8104 Plath Avenue, lives directly across from the ingress and egress of this development and expressed safety concerns. He said he didn't agree with the traffic study done for the development and specifically didn't agree with only one route in and out of the development. He urged Council to consider the safety aspects. Discussion continued between the Council members and Mr. Horton regarding the potential of putting in a pathway using the sewer easement. • Mayor Place closed the public hearing 13 71 JUNE 18, 2002 MATTSON MOVED AND BUCHANAN SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION WITH THE ADDITIONAL CONDITION THAT BETWEEN LOTS 13 AND 14 IN THE SOUTH EAST CORNER OF THE PLAT A FIVE FOOT ASPHALT PATH BE CONSTRUCTED, OVER THE SIXTEEN FOOT SEWER EASEMENT, AND THAT IT BE CONTROLLED BY BOLLARDS AT ONE END AND A GATE ON THE OTHER. The motion carried by unanimous roll call vote, George recused. 22. OTHER BUSINESS . City Manager Zais explained that the publication of the agenda can now be found in the Legal section of the Yakima Herald. Because of the need to ensure there is public notice on hearings etc., it was determined it would be a more prudent method of ensuring the agenda is published and there is an official record of that publication. There are no guarantees when it is put in as a public service announcement. • Information Items Items of information provided to Council were: 6/5/02 invitation to June 19, 2002 public meetings on redevelopment of Kiwanis Park; Notice of cancellation of June 19, 2002 Community Review Board meeting; 6/7/02 Letter transmitting Preliminary April 1, 2002 Population Determinations; Planning Division Assignments Pending Report as of June 17, 2002; Article from June 7, 2002 Wenatchee World, "NCW Kids show high lead levels "; June /July 2002 Hanford Update; and First Issue of The Yakima Air News from the Yakima Regional Clean Air Authority. 23. EXECUTIVE SESSION • BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION FOLLOWED BY ADJOURNMENT THEREAFTER TO JULY 2, 2002 AT 1:30 P.M. IN THE COUNCIL CHAMBERS FOR WELCOME CEREMONY FOR MORELIA SISTER CITY DELEGATION. The motion carried by unanimous roll call vote. 24. ADJOURNMENT Following the Executive Session, the meeting adjourned at 6:30 p.m. READ AND CERTIFIED ACCURATE BY: gr, N r EMBER DATE 6 _ wit ' L a _ / _ _ O U CIL MEMBER DAT ATTEST: K am- �/�/p 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 14 72 CITY OF YAKIMA, WASHINGTON SPECIAL MEETING OF THE CITY COUNCIL JULY 2, 2002, 12:30 P.M. 129 NORTH 2 ND STREET - COUNCIL CHAMBERS 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Lynn Buchanan, Paul George, Mary Place, John Puccinelli, and Bernard Sims Staff: Dick Zais, City Manager; Helen Harvey, Assistant City Attorney; and Acting City Clerk Watkins 2. WELCOME Mayor Place opened the meeting and welcomed the delegation from our sister city of Morelia. Polo Aguilera introduced the visitors: Francisco Bernal Macouzet Mayor Pro -Tem Mrs. Yolanda Segura de Bernal Wife of Mayor Pro -Tem Armando Sanches Murillo Council Member Jorge Molina Bazan Council Member Leticia Lopez Vargas Council Member Leticia Martinez L. Daughter of Council Member Dr. Jorge A. Galvan Pantoja Liaison for Immigrants Maria Isabel Chavez Mejia Sister City President Council Member Puccinelli spoke about some of the things made possible by this sister city association. He recognized Ben Soria, Superintendent of the Yakima School District, who has helped us reach one of our goals. That goal was for students in Yakima to learn about this sister city and about their heritage. It is also a goal to learn about each other and help the Hispanics in our area assimilate into the community while keeping roots of their families. The Sister City relationship was established four years ago. The media took the opportunity to interview Morelia Mayor Pro Tem Bernal. He spoke about how the relations with Yakima started and gave his impressions of Yakima. He said they are very thankful for the opportunity that is here and the link between the two cities. Mayor Place read a proclamation declaring the week of July 1 -6, 2002 as Morelia Sister City Week. 73 JULY 2 , 2002 — SPECIAL MEETING 3. ADJOURNMENT Following a gift exchange, BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO THE REGULAR BUSINESS MEETING AT 2:00 P.M. IN THE COUNCIL CHAMBERS. The motion carried by unanimous voice vote. � / READ AND CERTIFIED ACCURATE BY: A i , _. X c�- 9 7-4.7 ' :UNCIL MEMBER DATE l �L - _de a '2.--- - •,'d NCIL MEMBER DA E ATTEST: 4.10, v,_ _- ..._—_e__ _. - _ • i/ , ACTING CITY CLERK PLACE, MAYOR Minutes prepared by Linda Watkins. 2