HomeMy WebLinkAbout09/03/2002 Business Meeting 124
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
SEPTEMBER 3, 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, City Attorney Paolella 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 Mattson.
. Mayor Place read information regarding the Remembrance Service scheduled for
noon on September 11 th to honor those who died and those heroes who served
following the terrorist attack September 11, 2001. She invited the community to join
in the commemoration at the Millennium Plaza.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
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A. PROCLAMATIONS / SPECIAL RECOGNITION
• PEOPLE FOR PEOPLE TRANSPORTATION DAY
Mayor Place read a proclamation declaring September 25, 2002 as People for
People Transportation Day in celebration of twenty years of service. Marilyn
Mason - Plunkett, Chief Executive Officer, accepted the proclamation. Chris Fix,
Director of Transportation Services, was also present and thanked the City for
their twenty years of partnership with People for People.
• CHIEF BLESIO RETIREMENT
Mayor Place read a proclamation of commendation for Don Blesio, recently
retired Chief of Police, citing a long list of community service involvement and
expressing the City's sincere appreciation and heartfelt thanks. Chief Blesio
thanked Mr. Zais and the Council for their ongoing support of the Police
Department.
B. REVIEW OF CHANGES IN CHILD PROTECTIVE SERVICES INTAKE
PROTOCOL
Sergeant Tim Bardwell reviewed the recent Child Protective Services intake protocol
change that became effective August 21 Prior to that date if the police had an
endangered child who needed placement somewhere other than home, they contacted
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CPS and an intake officer would be responsible for placing the child. Beginning
August 21s that burden has shifted to the Yakima Police Department. CPS now has a
centralized intake facility in Seattle and the local police contact that office and respond
to a list of questions. The central office then gives placement options and the police
are given the task of taking the child to that facility. As of August 21 that procedure
began for after hours, but starting in October it will be the procedure 24 hours a day.
• City Manager Zais introduced Captain Roy Willson who will be the Interim Police
Chief for the next several months until a permanent replacement is hired.
• Council Member Puccinelli asked when Fechter Road was going to be opened.
Kay Adams, City Engineer, advised that the developer has not yet transferred the
title of the new street to the City. That should happen within the next day or two
and when it does, the street will be opened for traffic even if the traffic signal at 40
Avenue is not operating. Staff will install a temporary stop sign on the new street
for traffic control.
• Council Member Puccinelli commented that he would like to participate in the
mediation session scheduled for this Friday regarding Congdon Orchards rezone.
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. 10 and 14B were removed from 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. (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 AUGUST 20, 2002 BUSINESS MEETING
The minutes of the August 20, 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
Jerry Henderson, 309 North 35 Avenue, President and Operations Manager for
Yakima Valley Trolley, gave a status report and announced that the trolleys will
operate through September. He advised that, in cooperation with the Frito Lay
Corporation, September 7 and 8 w be Cracker Jack weekend. They will be
giving out free Cracker Jacks to the first carload of kids. He said they have been
getting worldwide response on the internet web page from history and rail buffs.
John R. Scribner, 1305 Ledwich Avenue, requested assistance with a noise issue in
his neighborhood created by a neighbor working on cars well past 10:00 p.m. He also
described the general condition of the property with regard to weeds and junk. He has
tried speaking with the resident on several occasions but the man has been very rude
and profane. The Code Enforcement Department has been contacted and involved
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and so have the police. Mr. Scribner submitted pictures he had taken of the property
and of advertising the man has on his truck which indicates the operation of a
business. Royale Schneider, Code Compliance Officer, reported on their efforts to
date to resolve the issue. After discussion, staff was directed to investigate the new
information that was brought forth and report back to Council in two weeks.
Tomas Villanueva, 140 Youngstown Road in Toppenish representing Grupo
Mexico, said they support the Latinos for Social Justice in all aspects of the letter that
they were submitting to Council today. They recommend the City aopt all the
recommendations made by the Falk Committee for the police department. He
emphasized two in particular, the creation of an independent oversight committee to
hear complaints and the collection of data of who is being ticketed to see if anyone is
being targeted.
Mayor Place advised him that the Council is holding a study session on September
24th at 8:00 a.m. on this subject in Council Chambers and will be discussing all the
issues
Hector Franco, 815 North 28 Avenue, read excerpts from a letter written to the
Mayor and the City Council from the Latinos for Social Justice. He noted that they
disagree with the Investigative Panel's finding that the problem is perception only but
totally agree with their recommendations. He feels the City Council is using the
description of "perception" as a reason to not accept the panel's recommendations.
The letter said the only viable alternative for complaint reviews is to create an
independent body. They claim the proposed process for selecting the members is too
restrictive and must be open to others who have not attended the police academy.
They are of the opinion that the public should be able to select the panel. They will
submit a list of members that wish to participate in the panel. They also want to be
included in the selection process for the new police chief. He too emphasized that
they want racial data to start being collected. Mayor Place asked if this information
had also been given to the Sheriff's Department, the State Patrol and the police
departments in Wapato and Toppenish as their reference to the information on the
tape related to all police, not just Yakima.
Mr. Franco advised that September is Hispanic Heritage month and the state
celebration would be held in Yakima this year. Mr. Villanueva described the event to
be held at the Sundome and noted that many social services will be represented and
will provide information and advice. There will be food and music and dancing as well.
Jerry Maggard, 107 South 7 Avenue, came forward as a concerned citizen to speak
about the continuing disappearance of the downtown parking lots. With the potential
of the Federal Court House acquiring the PBIA parking lot and the Capitol Theatre
acquiring parking for staging, he wanted to remind the Council that the demise of the
downtown business core was created, in part, by the lack of parking. He said if this
does happen with regard to those parking lots, there are several million dollars worth
of property that will be detrimentally affected by the loss. He noted that the Grand
Hotel will not have a single parking spot. The old Nordstrom building will no longer
have parking. He said he previously submitted a schematic that was well received, but
he was later told it wouldn't work. He asked what is being done on this parking issue.
During discussion, Council Member Barnett pointed out that the City has not been
reimbursed for any of the parking area that has been taken to date and needs to issue
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a complaint about that. Council Member Puccinelli feels that we shouldn't want money
but should want parking place for parking place. There were comments about how the
Federal Court House may consider moving out of the area. Mr. Maggard suggested
that by using the parking lot behind the Federal building they would have total security
and the City would only lose about two parking spaces. Bill Cook, Director of
Community and Economic Development, said they haven't given up on the parking
options but are not prepared to bring forward any concrete proposals at this time.
Council Member Puccinelli suggested a Council member should be present for any
discussions with GSA on the parking issue.
Steve Stumpf and Brandon Russell, 15 Chicago Avenue, discussed their ideas of
developing a tour video for Yakima. They submitted a sample video and a proposal for
Council's review. They are hoping to receive the City Council's support as they feel
this will help them gain additional endorsements from others such as the Chamber of
Commerce, the wine industry and other special interest groups. They requested the
Council review the information provided and contact them with any suggestions they
may have.
CITY MANAGER'S REPORTS
6. REPORT FROM CITY ATTORNEY REGARDING CONGDON REFERENDUM
PETITION PROCESS
Ray Paolella, City Attorney, summarized a legal memorandum submitted by the City's
counsel, Mr. Terry Danysh. The Supreme Court of Washington has ruled that rezone
ordinances are not subject to referendum because 1) they are considered
administrative and /or quasi judicial acts of the legislative body of the municipality; 2)
the statutory authority to enact zoning laws is specifically delegated by the State
legislature to the legislative body of the municipality; and 3) the expertise and
uniformity required to administer zoning laws could be undermined by referendum. The
memorandum primarily focuses on a Supreme Court case called Leonard versus City
of Bothell. Mr. Paolella mentioned there are multiple remedies available to citizens
that want to challenge the rezone ordinance such as the SEPA process that will be
available with specific project proposals. In addition there is a pending action in the
Eastern Washington Growth Management Hearings Board challenging the
comprehensive planning process leading up to the adoption of the ordinance. And
finally, the Neighbor's for Responsible Development have indicated they plan to file a
challenge to the rezone ordinance in Superior Court under the State Land Use Petition
Act.
Jamie Carmody, counsel for the Neighbor's for Responsible Development, said he
strongly disagrees with the memorandum and referred to the good faith commitment to
mediation to take place on Friday. He said the petition process does not mandate a
vote, that it's a two -step process with the first step allowing the Council to reconsider
and repeal the ordinance. He said they are committed to trying to find some solutions
on Friday.
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7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LICENSE
AGREEMENT WITH THE JOHN AND WAUNA HARMAN FOUNDATION FOR
GAILLEON PARK PROPERTY FOR A NEW SENIOR CENTER
•
Denise Nichols, Parks and Recreation Manager, was available for questions. In
response to Council Member Barnett's questions about what additional funding was
needed, Mrs. Nichols said the City will pursue additional funding through grants and
sponsorships or other private donations to enhance the donor's contribution. The
additional funding would be used for things like furnishings and some Title 12
requirements. Chris Waarvick, Public Works Director, commented on some specific
revenue enhancing grants they are pursuing. One is for a pathway /sidewalk along 65
Avenue to allow school children to move to Summitview School in a safer manner.
The City Clerk read the resolution by title only; SIMS MOVED AND BUCHANAN
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll
call vote.
RESOLUTION NO. R- 2002 -110, A RESOLUTION authorizing and directing the City
Manager to execute a license agreement with the John and Wauna Harman
Foundation, a Washington non - profit corporation, relating to the use of a portion of
Gailleon Park for construction of a community senior center at no cost to the City.
8. CONSIDERATION OF RESOLUTION APPROVING REQUEST FOR TREE
REMOVAL AT 110 NORTH SECOND STREET
Randy Murphy, Parks Supervisor, said he had received a request from Mrs. Terry
Powell at 110 North 2nd Street. She said customers cannot find her business because
of the tree in front that hides her sign. She asked for the tree to be removed.
Mr. Murphy said the tree doesn't meet the dead and dying requirements for removal.
Council Member Buchanan explained that this problem has come up before and the
way it was handled then was for each tree removed, the person who owned the
property and requested the removal donated money to put a new tree in a city park.
Mr. Murphy advised that Mrs. Powell would like to put in a lower growing tree or bush
in the same location. Lynne Kittelson, 305 North 9 Street, stated that, although she
is sorry the trees were not more strategically planted, she is opposed to removing any
trees in the downtown area. She suggests moving the tree to another location in the
downtown area and she supports charging the requestor for that move. The City Clerk
read the resolution by title only; SIMS MOVED AND BUCHANAN SECONDED TO
ADOPT THE RESOLUTION. After further discussion BUCHANAN MOVED AND
SIMS SECONDED TO AMEND THE RESOLUTION TO INCLUDE THE COST OF
PLANTING A TREE IN A LOCATION SELECTED BY THE PARKS DEPARTMENT.
Council Member Mattson asked staff to determine what development action the
County is planning with regard to consolidating and purchasing the land on that block.
The question was called for a vote on the amendment. The motion carried by
unanimous roll call vote. The question was called for a vote on the amended
motion. The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2002 -111, A RESOLUTION authorizing the removal of one
Sweetgum tree located in the City right -of -way at 110 North 2 Street, Yakima,
Washington.
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*9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH YWCA FOR DOMESTIC VIOLENCE VICTIM'S ADVOCACY
SERVICES
RESOLUTION NO. R- 2002 -112, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute an Agreement with the YWCA to continue to provide
domestic violence services.
10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES CONTRACT WITH JOHN HADDIX FOR TRANSIT
PLANNING SERVICES
Council Member Barnett commented that when he voted to approve the position of a
transit planner in Ordinance No. 2002 -44 he didn't mean for a consultant to be hired.
Chris Waarvick, Public Works Director, explained that was a downgraded position. He
also explained that they have been without planning assistance for many months and
expect that to continue. Therefore, they are asking to hire John Haddix for a limited
time to help with a grant application for a million dollars. Council Member Puccinelli
pointed out that Mike Morales is the City's grants writer and asked why he couldn't do
the Transit grant application. Mr. Waarvick countered that Mike Morales is not trained
to do transit grants and because of an application time limit and the complexity of the
grant, they do not have the time to train him. Mr. Waarvick explained other functions
Mr. Haddix would fulfill as well. The City Clerk read the resolution by title only;
BUCHANAN MOVED AND MATTSON SECONDED TO ADOPT THE RE
The motion carried by 4 to 3 roll call vote; Place, Barnett, and Puccinelli voting nay.
RESOLUTION NO. R- 2002 -113, A RESOLUTION authorizing and directing the City
Manager to execute an agreement for professional services between the City of
Yakima and John Haddix for the purpose of performing Transit Planning services.
*11. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF
CONTRACTS WITH WARD NORTH AMERICA FOR:
A. WORKERS COMPENSATION THIRD PARTY ADMINISTRATION
RESOLUTION NO. R- 2002 -114, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a Workers' Compensation Third Party Administrator's
Agreement with Ward North America, Inc. for administration of the City's workers'
compensation claims.
B. ON -LINE DATA SERVICES
RESOLUTION NO. R- 2002 -115, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute an On -Line Data Services Agreement with Ward North
America, Inc. for the purpose of obtaining on -line data services to assist with the
administration of the City's workers' compensation claims.
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*12. CONSIDERATION OF RESOLUTION DECLARING FOUR TRANSIT BUSES AS
SURPLUS PROPERTY AND AUTHORIZING THEIR DISPOSAL BY SEALED BID
RESOLUTION NO. R- 2002 -116, A RESOLUTION declaring four 1986 35 -foot Gillig
buses surplus and authorizing their sale by means of formal sealed bids.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING TRANSFER OF TITLE OF
SURPLUS PROPERTY (VEHICLE) TO AUTOCRAFT PAINT & BODY WORKS
RESOLUTION NO. R- 2002 -117, A RESOLUTION authorizing the transfer of title of
surplus property consisting of a vehicle to Autocraft Paint & Body Works.
14. APPROVAL OF REPORTS FROM DEPARTMENT OF FINANCE AND BUDGET:
*A. SECOND QUARTER 2002 TREASURER'S REPORT
The Second Quarter 2002 Treasurer's Report was approved.
B. SECOND QUARTER 2002 REVENUE AND EXPENDITURE (BUDGET)
REPORT
Council Member Barnett questioned several items on Table 3 where actual
expenditures exceeded budget by more than 50 %; e.g. Legal, and Records. Cindy
Epperson. Financial Services Manager, explained that these were mainly timing
issues. As an example she noted that Records had election costs that came in the
first half of the year. She said they have reviewed these items and do not expect any
appropriation requirements. BARNETT MOVED AND GEORGE SECONDED TO
ACCEPT THE REPORT. The motion carried by unanimous voice vote.
*15. APPROVAL OF FINAL CONTRACT PAYMENTS (STANDARD MOTION V -B — ACCEPT
CONTRACT AND APPROVE FINAL PAYMENT) FOR:
A. AHTANUM TRUNK LINE AND APPLE TREE SEWER EXTENSION PROJECT
The report from the City Engineer, dated August 16, 2002, with respect to the
completion of the work on the Ahtanum Trunk Line and Apple Tree Sewer Extension
Project No. 1821, performed by Apollo, Inc., was approved, the work accepted and
payment of the final estimates as therein set forth was authorized.
B. CBD SIGNAL ENHANCEMENT -PHASE I AND PWTF 2002 STREET
IMPROVEMENT PHASE II
The report from the City Engineer, dated August 16, 2002, with respect to the
completion of the work on the CBD Signal Enhancement Phase I and 2000 Street
Improvement Phase II Projects Nos. 1928 and 1886, performed by Knobel's
Electric, was approved, the work accepted and payment of the final estimates as
therein set forth was authorized.
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*16. SET DATE OF PUBLIC HEARINGS FOR SEPTEMBER 17, 2002 TO CONSIDER:
A. PUBLIC HEARING TO CONSIDER THE HEARING EXAMINER'S
RECOMMENDATION TO VACATE A UTILITY EASEMENT FOR THE
PLACEMENT OF A SKY BRIDGE FOR YAKIMA COUNTY'S NEW
CORRECTION FACILITY AT 200 NORTH FRONT STREET
September 17, 2002 was set as the date of public hearing to consider the Hearing
Examiner's recommendation to vacate a utility easement for the placement of a sky
bridge for Yakima County's new correction facility at 200 North Front Street.
B. CLOSED RECORD PUBLIC HEARING TO CONSIDER THE HEARING
EXAMINER'S RECOMMENDATION FOR REZONE OF PROPERTY IN THE
VICINITY OF 913 THRU 1013 LANDON AVENUE REQUESTED BY SHIELDS
BAG & PRINTING
September 17, 2002 was set as the date of closed record public hearing to consider
the Hearing Examiner's recommendation for the rezone of property in the vicinity of
913 through 1013 Landon Avenue, requested by Shields Bag & Printing.
C. CLOSED RECORD PUBLIC HEARING TO CONSIDER THE HEARING
EXAMINER'S RECOMMENDATION FOR A MASTER APPLICATION FOR
REZONE OF PROPERTY AT 4309 WEST NOB HILL BOULEVARD AND 911
SOUTH 44TH AVENUE REQUESTED BY SKYLAND COMPANY
September 17, 2002 was set as the date of closed record public hearing to consider
the Hearing Examiner's recommendation for a Master Application for rezone of
property at 4309 West Nob Hill Boulevard and 911 South 44 Avenue, requested by
Skyland Company.
ORDINANCES
*17. CONSIDERATION OF ORDINANCE APPROVING THE 2002 COMPREHENSIVE
PLAN AMENDMENTS AND AMENDING THE FUTURE LAND USE MAP
ORDINANCE NO. 2002 -47, AN ORDINANCE concerning land use regulation and
comprehensive planning, and amending the Future Land Use Map of the Yakima
Urban Area Comprehensive Plan.
*18. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE
RELATING TO DANGEROUS DOGS
ORDINANCE NO. 2002 -48, AN ORDINANCE relating to public safety and morals;
redefining dangerous dog; increasing minimum insurance for dangerous dogs;
providing for the quarantine of animals which bite human beings; amending Section
6.20.160 and enacting as new sections, Sections 6.20.165, and 6.20.172, all of the
City of Yakima Municipal Code.
•
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19. OTHER BUSINESS
A. CONSIDERATION OF APPOINTMENTS TO THE COMMUNITY REVIEW
BOARD
SIMS MOVED AND BUCHANAN SECONDED TO APPROVE ALL RECOMMENDED
REAPPOINTMENTS TO THE COMMUNITY REVIEW BOARD. The motion carried by
unanimous voice vote. Jerry Henderson, Greg Bohn, Bob Mason, and Jon Hopwood
were reappointed for three -year terms.
• Information Items:
Items of information provided to Council were: Agenda for September 10, 2002
Cemetery Task Force meeting; Agenda for September 4, 2002 Community Review Board
meeting; August 28, 2002 Yakima Valley Trolleys Report; Planning Division Assignments
Pending Report as of September 3, 2002; Monthly Report of the Chief of Police for May
2002; and Articles:8 /16/02 Seattle Post - lntelligencer, "Eyman goes it alone this time with
local tax -limit initiative "; 8/4/02 Los Angeles Times Magazine, "Cloudburst in Seattle ";
8/28/02 Seattle Post - lntelligencer, "Nickels seeks staff cuts in police, fire; 8/28/02 Seattle
Post - Intelligencer, Cuts to police, fire departments will put public at risk, unions say "; and
8/28/02 Seattle Post - Intelligencer, "City shells out millions in overtime pay"
. 20. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION
BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE
SESSION REGARDING PROSPECTIVE LITIGATION FOR APPROXIMATELY 20
MINUTES WITH ADJOURNMENT THEREAFTER TO SEPTEMBER 4, 2002, 11:30
A.M. AT THE YAKIMA CENTER FOR EXECUTIVE SESSION REGARDING THE
CITY MANAGER'S ANNUAL REVIEW. The motion carried by unanimous voice vote.
21. ADJOURNMENT
The meeting adjourned at 4:42 p.m.
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READ AND CERTIFIED ACCURATE BY: _.L� «� J rt - O
CIL MEMBE , DATE
. Ilt N CIL MEMBER DATE
ATTEST:
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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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