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HomeMy WebLinkAbout08/06/2002 Business Meeting 108 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL AUGUST 6, 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, John Puccinelli, and Bernard Sims Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts Absent: Council Member Larry Mattson (excused) 2. INVOCATION /PLEDGE OF ALLEGIANCE Council Member Puccinelli gave an invocation, followed by the Pledge of Allegiance led by Council Member Sims. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS / SPECIAL RECOGNITION: • DAY OF KINDNESS Mayor Place read a proclamation declaring September 11, 2002 as a Day of Kindness in the City of Yakima and urged all citizens to perform five acts of kindness per day during the month of August. Ernie Brenecke accepted the proclamation and has asked citizens to journal their acts of kindness and send them to him at 5802 Summitview Avenue. • TRUCK DRIVER APPRECIATION WEEK Council Member Buchanan read a proclamation declaring August 18 -24, 2002 as National Truck Driver Appreciation Week. Vickie McMurry accepted the proclamation. B. APPOINTMENT TO THE AIR TERMINAL BOARD BARNETT MOVED AND PUCCINELLI SECONDED TO REAPPOINT GREG BERNDT TO THE AIR TERMINAL BOARD. The motion carried by unanimous voice vote; Mattson absent. C. ACCEPT RESIGNATION OF PHIL LAMB AS HEARING EXAMINER • . SIMS MOVED AND PUCCINELLI SECONDED TO ACCEPT THE PHIL LAMB'S RESIGNATION AS HEARING EXAMINER. It was noted that Mr. Lamb's contract required 90 days notice and that was not given. Council Member George said if we accept the resignation, we should fill the position as soon as possible and a procedure on how to do that was discussed. The question was called for a vote on the motion. The motion carried by unanimous voice vote; Mattson absent. AUGUST 6, 2002 10 9 There was discussion on what steps to take to initiate obtaining a replacement. City Attorney Paolella was asked to research and advise what the requirements are for the position. PUCCINELLI MOVED AND GEORGE SECONDED TO EMPOWER THE MAYOR TO TAKE ACTION AS NECESSARY TO INITIATE THIS PROCESS. The motion carried by unanimous voice vote; Mattson absent. D. PRESENTATION OF YARD OF THE MONTH AWARDS Lynn Quesenbury, Parks and Recreation Administrative Specialist, announced the Yard -of- the -Month recipients: Zone 1 Northwest Duane and Cathy Garlock, 4602 Modesto Way Zone 2 Southwest Andy and Donna Vargo, 619 South 35 Avenue Zone 4 Northeast Kyle and Nancy' Welsch, 2112 West Yakima Avenue; and, Pat and Vickie Denny, 119 Park Avenue Following a video showing the yards of the month, a certificate was presented to those recipients who were present to accept. E. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE None 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. 16 was added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Mattson absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. APPROVAL OF MINUTES OF THE MAY 7, 2002 ADJOURNED MEETING, JUNE 18, AND JULY 2 AND 16, 2002 BUSINESS MEETINGS AND JULY 2 AND 24, 2002 SPECIAL MEETINGS OF THE CITY COUNCIL The minutes of the May 7, 2002 Adjourned meeting; June 18, and July 2 and 16, 2002 Business Meetings; and July 2 and 24, 2002 Special 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 Lynne Kittelson, 305 North 9 Street, wanted to comment on the subject of the morning's study session. She recommended eliminating the idea of grandfathering when it concerned enforcing the clear -view ordinance. The ordinance must be fair, defensible and enforceable and provide for the safety of the citizens with the least damage to the trees. She emphasized this issue needs • to be addressed in a comprehensive manner rather than piecemeal. She said 2 110 AUGUST 6, 2002 citizens need to be responsible for their actions and one of their responsibilities is to know what they can and can't do with regard to their property. If vegetation is deemed as illegal under current City codes it needs to be addressed. Instead of grandfathering, take care of it on a case -by -case basis and have the owners and responsible staff people mitigate the problem and get it corrected. Citizens also need to take care of the public property contiguous to their property, keeping it clean and taking care of the trees, and ensuring no cars are parked on the planting strips. She said she had no problems with trimming the trees to fifteen feet as long as it is done correctly. She did express displeasure about the nuisance trees that grow in the clear -view suggesting they need to be dug up and eliminated. She also emphasized, again, the need to educate drivers as to the stop bars on the road and what the correct speed limit is in the area. CITY MANAGER'S REPORTS 6. REPORT FROM PUBLIC WORKS DEPARTMENT REGARDING MECHANICAL SYSTEM FAILURE AT EISENHOWER POOL Chris Waarvick, Director of Public Works, advised of the mechanical failure of the thirty- year -old pump at Eisenhower Pool. He referred to the option that was submitted in the Council packet. He introduced Debbie Wadleigh, Aquatics Supervisor, who advised that the swimming lessons usually held at Eisenhower had been moved to Lions Pool. She suggested that the City elect to keep Lions Pool open for the three weeks it normally shuts down for maintenance to accommodate the Eisenhower swimmers. They would eliminate the three -week down time this year and hold off on that maintenance until next year. PUCCINELLI MOVED AND BARNETT SECONDED TO FIX THE EISENHOWER POOL TAKING THE MONEY OUT OF THE GENERAL CITY CONTINGENCY FUND IF NECESSARY. Ms. Wadleigh advised that the latest figures show the price to repair Eisenhower Pool is around $20,000. Council Member George said he hadn't received any calls on this issue and, hopefully because of the free bus program, the kids can ride to one of the other pools. He would rather not do the repair without going out for bid. The question was called for a vote on the motion. The motion carried by 4 -2 voice vote; Place and George voting nay; Mattson absent. PUCCINELLI MOVED AND SIMS SECONDED TO KEEP LIONS POOL OPEN AND DEFER IT'S MAINTENANCE CLOSURE FOR A YEAR. The motion carried by unanimous voice vote; Mattson absent. 7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION AND RATIFICATION OF CITY OF YAKIMA WATER RIGHTS SETTLEMENT AGREEMENT WITH THE UNITED STATES AND THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY REGARDING THE CITY'S NACHES RIVER WATER RIGHTS IN ACQUAVELLA Dueane Calvin, Water and Irrigation Manager, gave a staff report stating that staff and Council have been working on this mediation for nearly two years to make sure there will be the water rights necessary to meet the demands to the year 2020 and beyond. They believe the results of the mediation accomplishes that goal. He said that the memo from Adam Gravley of Preston /Gates /Ellis sets forth the benefits of the mediation process and the settlement. One of the most significant items is that the settlement provides for all the City's affected water 3 AUGUST 6, 2002 rights to be "municipal" purpose. With regard to budgetary concerns, there has been nearly a million dollars spent in consulting fees to attorneys, not including staff time. If this stipulation is accepted by the judge, it will give relief from ongoing legal costs. It gives the City protection from someone coming along and challenging where we are in the water rights arena. The primary challenger would be the Department of Ecology and they have come to an understanding of what our needs are and what rights we hold. Council Member Buchanan said the report he received in his Council packet did not include Exhibit A. He felt it wasn't appropriate to vote on this without having all the material in front of him. Mr. Calvin explained that the report was submitted in this packet for signature only, the total package had been presented previously and reviewed in Executive Session. City Attorney Paolella explained that the settlement document was filed last Friday and there will be an oversight hearing this Thursday. The City Council, at this time, is merely being asked to ratify and approve the signatures on the documents. John Klingele, 1312 West Walnut Avenue, also noted that he did not have Exhibit A nor was it available in the Clerk's office. He said there were some good things in the water rights settlement but he would have liked a chance to review all of it. Phillip Small, 1006 South 25 Avenue, said he was in the same situation. Having watched the water rights issues in Yakima for some time, he thought there would be some benefit of offering his opinions, although he said he couldn't because the material was not available. He was under the impression there was to be a study session on this issue. Mayor Place clarified it was not on this issue, but once this was taken care of they will be talking about where to go from here. Mr. Small wants his irrigation committee members to have some input at that study session. Council Member Sims noted that this wasn't a one -sided negotiation; it originally included four parties. He said the Council would have loved to make this an open document but have had their hands tied for 27 years, and then had a gag order from the court for the last three years. After further discussion about citizens' desire for input, Mr. Calvin commented that water rights decisions are based on technical merit and how they comply with the statutes. Council Member Puccinelli continued that when you enter into mediation you enter in with the group that can make the decision. You don't enter into it and then go back to the public for discussion. City Attorney Paolella concurred that the standard procedure is that all parties come into mediation with settlement authority. Council Member Puccinelli continued, explaining that what we are mediating and deciding is water rights, not how we're going to use them, but how much water we get out of the river and what is our guaranteed rights to that water. The City Clerk read the resolution by title only; SIMS MOVED AND PUCCINELLI SECONDED TO ADOPT THE RESOLUTION. The motion carried by 5 -1 roll call vote; Buchanan voting nay and Mattson absent. Council Member Sims commended the leadership and persistence of Dueane Calvin, Dave Brown, and Mayor Place in getting this resolution. This case has gone on for over 25 years and has been extremely expensive. The last two years they have been in confidential mediation negotiations. 4 112 AUGUST 6, 2002 Due to hard work by Mary Place and Jim Waldo, the City was able to achieve this settlement. Judge Stauffacher needs to resolve this case and approve the terms of this settlement. It was filed last Friday, but the court will address it at a hearing at Yakima County Superior Court on Thursday. RESOLUTION NO. R- 2002 -98, A RESOLUTION authorizing and ratifying actions by the Mayor and the City Manager to execute a City of Yakima Water Rights Settlement Agreement with the United States and the State of Washington Department of Ecology concerning the City's Naches River water rights in Acquavella. *8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE YAKIMA SUNFAIR FESTIVAL ASSOCIATION FOR TOURIST PROMOTION SERVICES RESOLUTION NO. R- 2002 -99, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Sunfair Festival Association for the arrangement of tourist promotion services. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT RENEWAL WITH THE YAKIMA SCHOOL DISTRICT NO. 7 FOR THE FIRE CADET TRAINING PROGRAM RESOLUTION NO. R- 2002 -100, A RESOLUTION authorizing the City Manager to execute an agreement with Yakima School District No. 7 for educational services for fire fighter training. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH RHW CONSULTING SERVICES FOR HUMAN RESOURCES CONSULTING SERVICES RESOLUTION NO. R -2002 -101, A RESOLUTION authorizing and directing the City Manager to execute an agreement for professional services between the City of Yakima and RHW Consulting Services for the purpose of performing human resources / management consulting services. *11. CONSIDERATION OF RESOLUTION AUTHORIZING SOLE SOURCE PURCHASE OF WESTNET, FIRST -IN FIRE STATION ALERTING SYSTEM RESOLUTION NO. R- 2002 -102, A RESOLUTION authorizing the City Manager to purchase, with funds approved in the 2002 Fire /EMS Operating Equipment budget, the required components necessary to replace the Fire Department's fire station alerting system at a price not to exceed $29,000, including sales tax, as a sole source purchase without calling for bids. *12. APPROVAL OF REPORTS FROM THE FINANCE DEPARTMENT: A. CONSIDERATION OF RESOLUTION ACCEPTING THE SECOND QUARTER 2002 CLAIMS REPORT RESOLUTION NO. R- 2002 -103, A RESOLUTION accepting and approving the 2nd quarter 2002 Insurance Claims Report. 5 113 AUGUST 6, 2002 B. SECOND QUARTER 2002 ACCOUNTS RECEIVABLE REPORT The Second Quarter 2002 Accounts Receivable Report was approved. *13. SET DATE OF JOINT PUBLIC HEARING WITH YAKIMA COUNTY FOR AUGUST 20, 2002 TO CONSIDER THE 2002 COMPREHENSIVE PLAN AMENDMENTS August 20, 2002 was set as the date for a joint public hearing with the Yakima County Board of Commissioners to consider the Regional Planning Commission's and the Yakima Urban Area Joint Board's recommendation on the 2002 Yakima Urban Area Comprehensive Plan amendments to the Future Land Use Map. *14. SET DATE OF PUBLIC HEARING FOR AUGUST 20, 2002 ON THE LOCAL AND STATE SELECTION CRITERIA AND ALLOCATION PLAN FOR THE COMMERCIAL REVITALIZATION DEDUCTION TAX INCENTIVE PLAN • August 20, 2002 was set as the date for public hearing on the local and state selection criteria and allocation plan for the Commercial Revitalization Deduction tax incentive of the City of Yakima Renewal Community. *15. APPROVAL OF FINAL CONTRACT PAYMENT FOR AHTANUM ROAD WIDENING PROJECT NO. 1907 PERFORMED BY COLUMBIA ASPHALT & GRAVEL (STANDARD MOTION V -B - ACCEPT PROJECT AND APPROVE FINAL PAYMENT) The report from the City Engineer, dated July 30, 2002, with respect to the completion of the work on the Ahtanum Road Widening Project No. 1907, performed by Columbia Asphalt & Gravel, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. ORDINANCES *16. CONSIDERATION OF ORDINANCE GRANTING A NON - EXCLUSIVE MULTICHANNEL VIDEO /CABLE COMMUNICATIONS SYSTEM FRANCHISE TO CENTRAL TELECOMMUNICATIONS EAST, INC. ORDINANCE NO. 2002 -43, AN ORDINANCE granting a non - exclusive franchise to Central Telecommunications East, Inc. ( "CTE ") to construct, operate and maintain a multichannel video /cable communications system, with all necessary facilities, within the City of Yakima, Washington (the "City "); setting forth provisions, terms and conditions accompanying the grant of this franchise; providing for City regulation of construction, operation, maintenance and use of the multichannel video /cable communications system; prescribing penalties for the violations of its provisions; and setting an effective date. 6 114 AUGUST 6, 2002 17. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR THE TRANSIT PROJECT PLANNER POSITION ORDINANCE NO. 2002-44, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective September 8, 2002; amending Subsections 2.20.100A, 2.20.100C, 2.20.100E, 2.20.110A, 2.20.110D, and 2.20.110E, all of the City of Yakima Municipal Code. 18. OTHER BUSINESS Council Member Puccinelli asked about the status of Fechter Road, noting it has been finished, but they aren't letting people use it. Chris Waarvick, Public Works Director, will to look into it. It was noted that the August 20 study session has been cancelled. • Information Items: Items of information provided to Council were: Planning Division Assignments Pending Report as of August 5, 2002; and Articles from Seattle newspapers: July 26, 2002 Seattle Post Intelligencer, "Nicastro Assails Nickels in Letter"; July 27, 2002 Seattle Post Intelligencer, "Council -Mayor Feud Spreads as Steinbrueck Backs Nicastro; and July 29, 2002 The Seattle Times, "Seattle's New Way is Still the Old Way" 19. EXECUTIVE SESSION REGARDING PENDING LITIGATION (ALLOW APPROXIMATELY 20 MINUTES) BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION AT 3:15 P.M. WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Mattson absent. 20. ADJOURNMENT Following the Executive Session, the meeting adjourned at 3:45 p.m. READ AND CERTIFIED qa..A4.1 ACCURATE BY: P , COUN MEMBER DATE 0 CIL MEMBER D ° E ATTEST: Ket),,cfc 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