HomeMy WebLinkAbout07/02/2002 Business Meeting 74
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
JULY 2, 2002 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. ROLL CALL
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Lynn Buchanan, Paul George, Larry Mattson, John Puccinelli, and
Bernard Sims
Staff: City Manager Zais, Assistant City Attorney Harvey, and Acting City
Clerk Watkins
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. PROCLAMATIONS / SPECIAL.RECOGNITION:
• MORELIA SISTER CITY DELEGATION
A proclamation was issued at a special session held at 1:00 p.m.
B. YARD OF THE MONTH RECOGNITION
Lynn Quesenbury of Parks and Recreation, showed a short video of the yards -
of- the - month.
Zone 2 Southwest Mr. & Mrs. Del Ebert, 5901 Tieton Drive
Zone 3 Southeast Moises Pastrama, 1208 South 14 Avenue
C. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS
STAFF REPORT RESPONDING TO REQUEST BY PAT MC CARTHY RE: IRRIGATION AND
SEWER CHANGES
Dave Brown, Water and Irrigation Engineer, advised that a comprehensive report was
submitted in answer to Pat McCarthy's complaint at a previous meeting. Council
Member Buchanan referred to a portion of the report and said there would be an
unknown impact on domestic water rates to address the increased capacity that may
be needed. He said we've been charging all the people on irrigation a fee for the last
few years to pay for rebuilding the 308 system and so far nobody has done anything
about rebuilding it.
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Pat McCarthy, 709 Beacon Avenue, commented that what he is asking for is fairness.
Others do not pay an irrigation fee and others get an automatic summer reduction.
There are 20,000 sewer hookups but only 11,000 of them are paying into the irrigation
system. That means that almost half of the people are exempt. Council Member
Puccinelli didn't agree with that statement saying they are not exempt; they are paying
for the water they are using in their yards, and are paying a sewer charge on it as well.
Mr. McCarthy countered that people in the 308 system pay the same fees and do not
receive any irrigation water. Council Member Puccinelli noted that, because of the
Acquavella water rights litigation, we are unable to talk freely about the situation at this
time. City Manager Zais advised that the two options are public knowledge; one is to
convert the system and the other is to repair /rehabilitate it. The Acquavella water
rights litigation is in mediation and there is a court order that says we can't speak
about what is going on in that process, which affects this situation. That's why the
report says, that while the analysis has been done, to accommodate Mr. McCarthy's
request would go further into that issue in a way that would breach the advice from
legal counsel. Council Member Buchanan said he thinks the Council is hiding behind
the public gag order and he feels that is wrong. Council Member Puccinelli brought up
the potential of legislation that would require all irrigation water that goes to houses be
brought up to the same standards as domestic drinking water. He said that will be
extremely expensive and needs to be weighed when making a decision on how to fix
the 308 system. Council Member Buchanan re- emphasized that we have a grant that
we get every year that could pay for a lot of this but we are not using it in that manner
because we'd rather use it for social programs. Council Member Puccinelli pointed out
that the grant is not guaranteed and cannot be bonded against. Mr. McCarthy again
emphasized that they are paying for something they are not receiving. In addition, the
eastside is the poorest part of our community and they are the ones that are carrying
the brunt of paying for the irrigation system rehabilitation.
City Manager Zais explained that the City acquired this system in 1927 as a gift from
Pacific Power & Light. The City was barred from doing anything in terms of rates and
assessments to build in a capital replacement charge until 1995 when we went to the
Legislature and got the law changed. There still is a community mindset that the
dollars paid in assessments up until that time were being used to rehabilitate and
rebuild this system. They were not; it was precluded by state law. Once that law
changed the Council directed that we create the irrigation utility. That combined all
those districts into the one district that has now been established to collect the capital
cost charge and the operational expense. We have been doing this on a pay- as -you-
go basis. We all know that doesn't solve this problem in the long term. We need to
find a final solution to it. It's a complicated billing system but it is tied to the issues of
how it supports itself. He told Mr. McCarthy that to accomplish his major goal is not
easily done and it's not quite fair to say that people aren't getting anything. They are
getting less than what they desire, less than the standard 20 psi. We can't get there
with the current system with its lack of repairs. To give the discount that Mr. McCarthy
is requesting and apply it universally throughout the system would essentially eliminate
the customer base that supports what's there and we couldn't finance it. McCarthy
said the entire system is not broken; it is the 308 system with 3,000 customers. He
strongly feels the report is skewed. After further discussion on the problem, Mr. Zais
said we stand by our report. Council Member Buchanan again pointed out the
potential of using the grant money each year the City receives from HUD. In that
manner we could get that much closer. Mr. McCarthy commented that the North
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Yakima Conservation District has a $400,000 grant available. Mr. Zais said we have
been involved in reviewing that and are intending to apply for it if we are eligible.
D. CONSIDERATION OF APPOINTMENT OF COUNCIL COMMITTEE TO
REVIEW APPLICATIONS FOR THE SOUTHEAST COMMUNITY CENTER
BOARD
SIMS MOVED AND BUCHANAN SECONDED TO APPOINT MARK KUNKLER TO
THE SOUTHEAST COMMUNITY CENTER BOARD. The motion carried by
unanimous voice vote.
Council Member Buchanan pointed out that Richard Ostrander's term on the Public
Facilities District Board expires in July. BUCHANAN MOVED AND MATTSON
SECONDED TO REAPPOINT RICHARD OSTRANDER TO THE PUBLIC
FACILITIES DISTRICT BOARD. The motion carried by unanimous voice vote.
Mayor Place advised that the previous complaint regarding interference with guide
dogs had been investigated. The City Council is considering bringing legislation for
Layla's law to Council to be added to the City's ordinances.
Mayor Place said she would like to declare martial law on the day that Council Member
Puccinelli was to get his hair cut for the opening of Miller Pool and personally perform
the hair cutting. Council Member Puccinelli advised Mayor Place that the privilege of
cutting his hair had already been purchased by Ron Bonlender. He was sure
Mr. Bonlender would be willing to sell the privilege to a higher bidder. Mayor Place
offered to come down and give Mr. Bonlender encouragement.
4. CONSENT AGENDA
Mayor Place referred to the items placed on the Consent Agenda, questioning
whether there were any additions or deletions from either Council members or
citizens present. Items Nos. 11 and 12 were removed and Items Nos. 9 and 23A
were added to the Consent Agenda. The Acting 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 AND 11, 2002 ADJOURNED
MEETINGS
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The minutes of the June 4 and 11, 2002 Adjourned meetings 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
Sally Mayo, 209 North 32 Avenue, thanked Council and commended them for the
fast action they took with regard to the service dog issue.
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PUBLIC MEETING
6. PUBLIC MEETING ON RESOLUTION AUTHORIZING VACATION OF PUBLIC
UTILITY EASEMENT IN THE VICINITY OF NORTH 23 AND LINCOLN AVENUES
REQUESTED BY PICATTI BROTHERS
Bruce Benson, Senior Planner, explained that the resolution would allow
releasing a sewer easement that was created by the Sinclair plat back in the
1950's. A public hearing was held on May 9, 2002. On May 23, 2002 the
hearing examiner issued a written recommendation for approval. Staff
recommends adoption of the resolution.
• Mayor Place opened the public meeting.
No one came forward to speak on the issue.
• Mayor Place closed the public meeting.
The Acting City Clerk read the resolution by title only, MATTSON MOVED AND
PUCCINELLI SECONDED TO ADOPT THE RESOLUTION. The motion
carried by unanimous roll call vote.
RESOLUTION NO. R- 2002 -91. A RESOLUTION authorizing the City Manager
and the City Clerk of Yakima to execute a Quit Claim Deed vacating an
abandoned portion of a public utility easement.
CITY MANAGER'S REPORTS
7. CONSIDERATION OF DRAFT ORDINANCE AMENDING THE YAKIMA ZONING
ORDINANCE TO REQUIRE CLASS 3 REVIEW FOR SOCIAL CARD ROOMS (I.E.
HOUSE - BANKED CARD ROOMS)
Bill Cook, Director of Community and Economic Development, explained this as a
request for a motion from Council to show concurrence with the draft ordinance so it
can be taken to the Regional Planning Commission and brought back to Council
August 20
The Acting City Clerk read the ordinance by title only; BUCHANAN MOVED AND
SIMS SECONDED TO APPROVE THE DRAFT ORDINANCE. The motion carried by
unanimous voice vote.
8. CONSIDERATION OF RESOLUTION ADOPTING FINDINGS OF FACT
REGARDING MORATORIUM ON HOUSE - BANKED CARD ROOMS
Ken Harper, attorney for the City, explained that this resolution, and the findings of fact
incorporated in the resolution, were based on the June 18, 2002 hearing where
Council acted on the moratorium. State law requires certain findings adopted to
support any land use moratorium. This resolution constitutes those findings to the
extent that they accurately track Council members comments at the end of the
hearing.
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Council Member Mattson itemized issues that will need to be discussed during the
moratorium:
• The possibility of a change to the gambling tax,
• A change to the zones where card rooms may be allowed,
• The possibility of banning new facilities, and
• The liquor license issue and how that folds in with the social card room
City Council Member Puccinelli commented that Union Gap's taxes are still Tess than
the City of Yakima's in certain gambling areas, such as bingo, and it's attracting that
type of business to them causing a hardship on ours. Mayor Place said that the idea
for the moratorium was to talk with the other jurisdictions rather than just leaping
ahead and doing something without contemplation. She reported that she has spoken
with Bob Jones from Selah who said that Selah would probably not allow any gambling
at all. Both Council Members Barnett and Puccinelli expressed the opinion that six
months is too long for the moratorium.
The Acting City Clerk read the resolution by title only; GEORGE MOVED AND
MATTSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by 5 -2
roll call vote; Puccinelli and Barnett voting nay.
RESOLUTION NO. R- 2002 -79. A RESOLUTION of the City of Yakima, Washington,
adopting findings of fact in support of Ordinance No. 2002 -37, which established a six -
month moratorium effective July 21, 2002, and continuing through January 20, 2003,
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).
*9. CONSIDERATION OF RESOLUTION APPROVING PRELIMINARY PLAT FOR
CREEKVIEW (SOUTH 80 AVENUE) REQUESTED BY HAM PROPERTIES, LLC,
DEVELOPER
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RESOLUTION NO. R- 2002 -80. A RESOLUTION concerning the application
submitted by Ham Properties, LLC for a thirty- eight -lot subdivision located in the 1400
block of South 80` Avenue, City No. UAZO Preliminary Plat #1 -02: approving the
preliminary long plat, subject to certain conditions.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT OF AGREEMENT WITH WARDELL ARCHITECTS TO DEVELOP
ALTERNATIVES FOR EXPANSION OF THE POLICE STATION /LEGAL CENTER
RESOLUTION NO. R- 2002 -81. A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a Modification to the Architectural Services
Agreement with Wardell Architects, P.S. to study the feasibility of expansion
alternatives for the Police Station /Legal Center.
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JULY 2, 2002
11. CONSIDERATION OF RESOLUTION AUTHORIZING COUNTY COMMISSIONERS
TO PLACE A TEN -YEAR EMERGENCY MEDICAL SERVICES LEVY ON THE
BALLOT
Pat DeHoff, Director of Emergency Medical Services, said they are looking for a
renewal of an existing EMS levy. He then introduced the co- chairs of the EMS
Campaign Committee.
Jerry Foy, 4811 Modesto Way, Co -Chair of the EMS Campaign Committee, said this
resolution will allow ten more years of excellence in EMS service. They are asking the
citizens to support this issue. They are not increasing the fee. Even though state law
says they can go up to $0.50, they will keep it at $0.25 per thousand. That money
represents over $800,000 in the City budget. Without the money, they wouldn't get
tools to the firefighters. Out of respect to those folks, we need that investment.
Melody Westmoreland, 620 South 34 Avenue, encouraged Council and the
community to give their support. This is an example of a partnership established in the
best interest of citizens and visitors of our community. The current environment in
which local governments are experiencing substantial revenue deficits underscores the
importance of a successful EMS levy campaign.
Also introduced to show support-for this levy were: Union Gap's Fire Chief, Tom
Kehm, and Dennis Mayo, Acting Fire Chief of the City of Yakima. Acting Chief Mayo
echoed the previous comments about the need for tools. He said this money funds six
firefighters in the City.
Pat DeHuff closed by reiterating that this is not a new tax, but is a renewal of an
existing tax. It is a county -wide levy. In the County there were just under 12,000 calls
in the year 2001. There are approximately 700 providers of emergency medical care
in the County who undergo over 900 hours of training annually.
The acting 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 -82. A RESOLUTION authorizing the Yakima County
Commissioners to place the Emergency Medical Services (EMS) Levy on the ballot, at
the current rate of $.25 per one - thousand dollars of the assessed value of property,
before December 31, 2002, for the citizens of Yakima County to vote on the
continuation of this EMS Levy for a ten year period.
12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF REVOCABLE
LICENSE AGREEMENT WITH THE GENERAL SERVICES ADMINISTRATION TO
USE A PORTION OF CHESTNUT AVENUE AND SOUTH 3 STREET FOR
COURTHOUSE SECURITY MEASURES
Council Member Barnett questioned the compensation amount calculation. He
thought it should be $20,000 a year whereas the revocable agreement would be a
one -time lump sum for an indefinite period of time the license is in effect.
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JULY 2, 2002
Bill Cook, Director of Community and Economic Development, explained the formula
that was used; assessed value multiplied times the square footage. GSA indicated an
interest in taking control and ownership of the property but that was not the City's
interest. We wanted a license. He discussed the negotiated amount of $20,765.
Also, if the property is abandoned by GSA at any time between now and 2024, the
property reverts back to the City automatically. In addition, we have approval right
over whatever they do in that area. Finally, although we think they're giving us very
close to what the land is probably worth, in addition they are indemnifying the City if
something should happen on that property through 2024. The acting 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 -83. A RESOLUTION authorizing and directing the City
Manager to execute a revocable license agreement with the Government Services
Administration on behalf of the United States of America (GSA), relating to a portion of
Chestnut Avenue and South Third Street in the City of Yakima, Washington.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH MAXIMUS FOR SITE ANALYSIS AND RECOMMENDATIONS
FOR PUBLIC WORKS DEPARTMENT (POSTPONED FROM JUNE 18, 2002)
RESOLUTION R- 2002 -84. A RESOLUTION authorizing and directing the City
Manager to execute an agreement for professional services between the City of
Yakima and Maximus, Inc. for Consultant services related to the City of Yakima Public
Works Site Evaluation Project.
*14. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENTS WITH OUTSIDE AGENCIES:
A. YVCC FOR RSVP SUPPORT SERVICES
RESOLUTION NO. R- 2002 -85. A RESOLUTION authorizing the City Manager of the
City of Yakima to execute an agreement between the City of Yakima and the Allied
Arts Council of Yakima Valley, to provide a visual and performing arts program for
youth.
B. SALVATION ARMY FOR SUMMER PLAYGROUND PROGRAM AT MILROY
PARK
RESOLUTION NO. R- 2002 -86. A RESOLUTION authorizing the City Manager of the
City of Yakima to execute an agreement between the City of Yakima and the Salvation
Army to provide a summer playground program at Milroy Park.
C. ALLIED ARTS FOR SUMMER ARTS VAN PROGRAM
RESOLUTION NO. R- 2002 -87. A RESOLUTION authorizing the City Manager and
the City Clerk of the City of Yakima to execute an agreement with Yakima Valley
Community College (YVCC) for the purpose of providing through its Retired and
Senior Volunteer Program (RSVP), volunteer support to senior citizens within the City
of Yakima.
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D. GREATER YAKIMA CHAMBER OF COMMERCE FOR FOSTERING
COMMUNITY DEVELOPMENT AND CITIZEN PARTICIPATION IN CITY
GOVERNMENT
RESOLUTION NO. R- 2002 -88. A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a professional services agreement with the Greater Yakima
Chamber of Commerce, Inc. for the purpose of fostering community development and
citizen participation in City government.
*15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH YAKIMA SOFTBALL ASSOCIATION FOR FASTPITCH
SOFTBALL PROGRAM
RESOLUTION NO. R- 2002 -89. A RESOLUTION authorizing the City Manager of the
City of Yakima to execute an agreement between the City of Yakima and the Yakima
Softball Association to provide a fastpitch softball program for the community.
*16. APPROVAL OF 2001 ANNUAL REPORT OF THE POLICE DEPARTMENT
The 2001 Police Department Annual Report was approved and accepted.
*17. APPROVAL OF 2001 VEHICLE INCIDENT /COLLISION REPORT
The 2001 Vehicle Incident/Collision Report was approved and accepted.
*18. SET DATE OF CLOSED RECORD PUBLIC HEARING FOR JULY 30, 2002 TO
CONSIDER HEARING EXAMINER'S RECOMMENDATION ON REZONE OF
CONGDON ORCHARDS' PROPERTY IN THE VICINITY OF SOUTH 64TH, 72ND
AVENUES, WEST NOB HILL BOULEVARD AND WEST WASHINGTON AVENUE
July 30, 2002 was set as the date for a "Closed Record" hearing to consider the
Hearing Examiner's recommendation on a rezone request fy Congdon Orchards, Inc.
for property located in the vicinity of South 64 72 Avenues, West Nob Hill
Boulevard & West Washington Avenue, Yakima.
ORDINANCES
*19. SECOND READING OF ORDINANCE AMENDING THE 2002 BUDGET AND
APPROPRIATING FUNDS FOR UPDATE OF THE YAKIMA METROPOLITAN AREA
MODEL
An ordinance amending the 2002 budget and appropriating funds for an update of the
Yakima Metropolitan Area model, having been read by title only at the previous
meeting, was brought to the Council for a second reading.
ORDINANCE NO. 2002 -39. AN ORDINANCE amending the 2002 budget for the City
of Yakima; and making an appropriation of $40,462 in the 140 - Growth Management
Fund during 2002 to implement the "Yakima Metropolitan Area Model Update Project ".
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*20. SECOND READING OF ORDINANCE AMENDING THE 2002 BUDGET AND
APPROPRIATING FUNDS FOR CONSTRUCTION OF BALL FIELDS AT KIWANIS
PARK
An ordinance amending the 2002 budget and appropriating funds for construction of
ball fields at Kiwanis Park, having been read by title only at the previous meeting,
was brought to the Council for a second reading.
ORDINANCE NO. 2002 -40. AN ORDINANCE amending the 2002 budget for the City
of Yakima; and making appropriations of $1,250,000 within the 331 -Parks and
Recreation Capital Fund for expenditure during 2002 to construct ball fields at Kiwanis
Park .
*21. FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND
APPROPRIATING FUNDS FOR REPAIR /REHABILITATION OF SEWER
TRUNKLINE IN VICINITY OF MAIN STREET, UNION GAP (NO ACTION REQUIRED;
SECOND READING SCHEDULED 7/26/02)
An ordinance amending the 2002 budget and appropriating funds for
repair /rehabilitation of a trunk line in the vicinity of Main Street, in Union Gap, having
been read by title only was laid on the table for two weeks until July 16, 2002.
*22. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE MAKING
IT A CRIME TO INTERFERE WITH A SERVICE ANIMAL (GUIDE DOG)
ORDINANCE NO. 2002-41. AN ORDINANCE relating to public safety and morals;
making it a crime to interfere with a service animal; enacting as a new section, section
6.04.240 of the City of Yakima Municipal Code.
23. OTHER BUSINESS
*A. CONSIDERATION OF RESOLUTION FOR PERMIT FOR PUBLIC DISPLAY OF
FIREWORKS.
RESOLUTION NO R- 2002 =90. A RESOLUTION granting a public fireworks display
permit to Entertainment Fireworks.
Mayor Place announced that there will be a social event held this evening at Council
Member Puccinelli's house in honor of the Morelia delegation.
Information Items
Items of Information provided to Council were: Agenda for the July 3, 2002
Community Review Board meeting;6 /27/02 Public Service Announcement re: Yakima
Water Division /Fire Dept. — Hydrant Testing and Painting Program; 6/25/02 News
Release from Yakima Regional Clean Air Authority re: Dirty woodstove replacement a
success!!; Monthly Report of the Chief of Police for March 2002; Planning Division
Assignments Pending Report as of July 1, 2002; Article from June 23, 2002 Seattle P -I,
'With King County over a Financial Barrel, More Residents Will be Paying to Play"
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24. EXECUTIVE SESSION REGARDING PENDING LITIGATION (ALLOW APPROXIMATELY
90 MINUTES)
MATTSON MOVED AND BUCHANAN SECONDED TO MOVE INTO EXECUTIVE
SESSION REGARDING PENDING LITIGATION FOLLOWED BY IMMEDIATE
ADJOURNMENT THEREAFTER.
There was a short break of 20 minutes prior to the beginning of the Executive Session.
25. ADJOURNMENT
The meeting adjourned at 5:05 p.m.
READ AND CERTIFIED ACCURATE BY --
/ � —�— 7 oz
! Cie' �CIL MEMBER DATE
/
CO NCIL MEMBI w DATE
ATTEST:
ACTING 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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