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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. 75 JULY 2, 2002 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 2 76 JULY 2, 2002 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 • 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. 3 77 JULY 2, 2002 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. 4 78 JULY 2, 2002 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 • 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. 5 79 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. 6 80 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. 7 81 JULY 2, 2002 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 ". 8 82 JULY 2, 2002 *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" 9 JULY 2, 2002. • 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 • 10