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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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*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.
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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.
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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
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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