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HomeMy WebLinkAbout10/15/2002 Business Meeting 150 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL OCTOBER 15, 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 George led the Pledge of Allegiance followed by an invocation given by Council Member Puccinelli. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS / SPECIAL RECOGNITION • WEEK WITHOUT VIOLENCE Council Member Mattson read a proclamation declaring October 20 -26, 2002 as Week Without Violence in Yakima. Melinda Barrett of the YWCA accepted the proclamation. She described events going on in observance of the week ending with a peace march in downtown Yakima on Saturday the 26 • HARVEST BAND FESTIVAL DAY Mayor Place read a proclamation declaring October 19, 2002 as Harvest Band Festival Day in Yakima. Forrest Fisher accepted the proclamation and introduced Kim and Connie Eisenzimmer as co- chairs of the festival. • TRY TRANSIT WEEK Council Member George read a proclamation declaring the week of October 14 -19, 2002 as Try Transit Week in the City of Yakima and encouraged all citizens to try transit at least once this week. Ken Mehin, Yakima Transit Manager, accepted the proclamation and spoke about the growth in transit and appreciation of their riders. B. SPECIAL PRESENTATION ON AMENDMENT TO THE UPPER YAKIMA COMPREHENSIVE FLOOD HAZARD MANAGEMENT PLAN Joel Freudenthal, Yakima Countywide Flood Control Zone District, advised Council about the updated flood hazard management plan that will be presented at a yet -to -be scheduled joint study session with the County Commissioners and the cities of Union Gap and Yakima. He invited Council to contact him to schedule a field trip prior to the study session commenting that it will make the meeting much more effective. 151 OCTOBER 15, 2002 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. 18 was 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 SEPTEMBER 17, 2002 SPECIAL AND BUSINESS MEETINGS The minutes of the September 17, 2002 Special and Business 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 No one came forward to speak. PUBLIC HEARINGS 6. JOINT PUBLIC HEARING WITH YAKIMA COUNTY COMMISSIONERS TO CONSIDER AMENDMENT OF THE ZONING CODE REGULATING "SOCIAL CARD ROOMS" Yakima County Commissioners Ron Gamache and Jesse Palacios were present. Dan Valoff, Senior Planner, advised that this was a joint public hearing with the County Commissioners to consider the Regional Planning Commission and the Yakima Urban Area Joint Board's recommendation on proposed amendments to the Yakima Urban Area zoning ordinance for regulating social card rooms. He advised that the Regional Planning Commission (RPC) held public meetings and study sessions to discuss the draft ordinance that had been approved by the Council. There was a public hearing held on July 18, 2002 where the Planning Commission took public testimony. After the public hearing the RPC referred its findings and recommendations to the Joint Board, the County Commissioners, and City Council in which they decided not to require the additional levels of Class 3 review. They did approve the proximity provision limiting the • location of card rooms to 500 feet from churches, schools, and parks. There was also a decision to provide for a detailed definition of social card rooms clarifying what is to be regulated. • Mayor Place opened the public hearing. Sandra Swanson, 6 South 2 Street, said she is in agreement with the 500' protection for parks, schools and churches, but would definitely like to see the requirement for a Class 3 review in all areas. 2 152 OCTOBER 15, 2002 Jar Arcand, 111 E Yakima Ave, agreed that a Class 3 review across the board for every location should be part of this package. He stressed the impact to the existing businesses, especially restaurants, if casinos who supplement their food and Tabor costs with gambling revenues were allowed in. He stated that the City would lose the support of local businessmen, commenting that this would force many of the local restaurants out of business. He agreed with the proximity portion. Lynn Raymond, 2302 -A West Viola Avenue, asked why we don't ban gambling in the City? She spoke about the potential of video gambling and recommended banning now, not letting any more in, and just keeping the ones we have now or phase them out. Ken Harper, legal counsel for the City, 807 N 39 clarified what authority the City does and doesn't have in this area. There are a lot of options, one of which is the moratorium another is to impose certain levels of compatibility review. It is clearly not appropriate for the Council to license or not license individual establishments. A similar situation is presented when gambling is already in a community. If it is not there, it can be absolutely prohibited, but where it is already established you can't absolutely prohibit. You can stop new ones, but then you are engaged in picking and choosing. A moratorium allows you to do that for a short period of time. He talked about how some cities regulate those that are established to be de- established, and, in his opinion, the idea of rolling back existing establishments is a very difficult proposition. Land use authority is a classic area for local control and an area -wide review would be appropriate. He addressed the change in the language regarding video terminals. The issue arose in previous study sessions where the City wanted to be proactive in certain areas of potential gaming. There are types of electronic gaming that aren't slot machines such as electronic poker games, price -is -right games, etc. At one point those electronic video terminals were brought into the definition of social card rooms along with slot machines, whether mechanical or electronic. He said he understood that in the process of the RPC and the Joint Board review it was determined it would be more appropriate to remove references to video terminals. Legally, the issue boils down to whether or not these types of gaming devices will get a foothold in the area. He wanted it clear that we are not trying to prohibit something that is outdated. • Mayor Place closed the public hearing PUCCINELLI MOVED AND BUCHANAN SECONDED TO ACCEPT THE PROXIMITY LIMITATION OF 500' FROM SCHOOLS, PARKS, AND CHURCHES. The motion carried by unanimous voice vote. It was stated that this discussion was for consensus only as to what to direct staff to bring back as legislation to the appropriate bodies. MATTSON MOVED AND BUCHANAN SECONDED IN SECTION 3 TO REINSTATE ALL THE STRIKE OUT AND HAVE IT REVIEWED AT CLASS -3 LEVEL, AND TO MODIFY TABLE 4.1 HAVING IT BE CLASS -3 REVIEW ALL THE WAY ACROSS THE FOUR AREAS. There was further discussion. Ken Harper emphasized that what is before Council is the proposal to regulate social card rooms and that means a house - banked commercial facility open to the general public. Commissioner Gamache asked if the County wished to continue with the multi classification levels, does this motion restrict them or can they go their separate way? Dan Valoff said there appears to be precedence set where the County and City can have different regulations. This meeting is just to give direction. The question was called for a vote on the motion. The motion carried by a 6 -3 roll call vote; Puccinelli, Barnett, and Gamache voting nay. 3 153 OCTOBER 15, 2002 There was considerable discussion on the definition of social card rooms. Ken Harper clarified that the intent of the wording of the definition was to recognize the potential of electronic gambling changing over the next few years. This wording is an attempt to be proactive. The first clause in the definition was intended to pertain to gambling activity associated with slot machines; the last clause was intended to capture any type of video gambling. BARNETT MOVED AND PUCCINELLI SECONDED TO ADOPT THE DEFINITION FOR SOCIAL CARD ROOM AS FOLLOWS (DELETING THE STRUCK OUT WORDS): "SOCIAL CARD ROOM' MEANS A COMMERCIAL FACILITY, OR A PORTION THEREOF, OPEN TO THE GENERAL PUBLIC, IN WHICH HOUSE - BANKED SOCIAL CARD GAMES ARE PLAYED, AS THAT TERM IS DEFINED BY RCW 9.46.0282 (OR AS THE SAME MAY BE SUBSEQUENTLY AMENDED HEREAFTER), OR IN WHICH OTHER ACTIVITIES OCCUR THAT CONSTITUTE GAMBLING AND ARE AUTHORIZED BY THE WASHINGTON STATE GAMBLING COMMISSION UNDER RCW 9.46.070, TO THE EXTENT THAT SAID ACTIVITIES INCLUDE ANY GAMBLING ACTIVITY ENGAGING IN THE USE OF, OR ASSOCIATED WITH, SLOT MACHINES (WHETHER MECHANICAL OR ELECTRONIC) e • - - - e , OR ASSOCIATED WITH ANY OTHER ELECTRONIC MECHANISM INCLUDING VIDEO TERMINALS. The motion failed for the City with a 4 -3 vote; Mattson, Place, Sims, Buchanan voting nay. The motion carried for the County by unanimous roll call vote. BUCHANAN MOVED AND SIMS SECONDED TO INCLUDE ALL THE STRUCK OUT LANGUAGE. The motion carried for the City by a 5 -2 roll call vote; Barnett and Puccinelli voting no. The motion failed for the County with a unanimous no vote. CITY MANAGER'S REPORTS 7. REPORT FROM FINANCE DEPARTMENT REGARDING FISCAL IMPACT OF INITIATIVE 790 REGARDING LEOFF II PENSION SYSTEM Rita Anson, Director of Finance and Budget, explained Initiative 790. The initiative proposes to make several changes to the LEOFF II State Pension Plan; the governance of the plan as well as the contribution and the benefits. With regard to the governance, the authority over the plan would be transferred from the state legislature to a board of trustees made up of 11 members, six of which would be fire /police officers and the other five would be from local government and the state. The benefits are currently funded by employees paying 50% of the cost with the other 50% paid by local and state governments. This governance ratio is approximately 55% members and 45% employers. With regard to the benefits, the initiative proposes establishing three categories, a base benefit and two other tiers of benefits. This is important because there are different rules and guidelines within each of the benefit categories relative to who has approval for adding benefits, whether they could be reduced once established, and the funding of those benefits. The base benefits are defined in the initiative as those that exist today (or when this becomes effective July 1, 2003) plus a new level of additional benefits. The new level provides that investment earnings of the pension fund greater than the expected statutory rate of return are to be used for benefit increases. In layman's terms, that means the average rate of return the actuaries assume will be earned on all contributions that go into the fund. Initiative 790 says any investment earnings over and above that average (currently 8 %) could only be used for additional benefits. Council Member George asked for clarification about the 8% noting that right now there is no 8% deterrent because of the stock market decline. Ms. Anson explained 4 154 OCTOBER 15, 2002 that this average is established over a very long term. They do have to adjust contributions from time to time when they determine that 8% or, whatever is the established rate, isn't going to be enough, but they don't do it on a yearly basis, it's done on a long term average. She continued by explaining that the benefits that police officers and firefighters get are a guaranteed benefit. The cost of those benefits doesn't change by Initiative 790. What 1 -790 does is takes a piece of the funding mechanism currently in place to pay for those benefits and pulls it out of the equation. Currently, any earnings over 8% have stayed in the fund to help when earnings drop below 8 %. In the future, although we may have earnings that are Tess 8% to fund existing benefits, under 1 -790 we would never have earnings over 8% to help offset the years that are less. Council Member Sims asked what is the projection for 2002 for this fund and who makes up for the shortfall of the 8% when there is a 34% loss of the stock market such as in the last two years. Ms. Anson replied that under current rules it would be made up by the dollars held over from when the earnings were over the 8 %. It has been in there, still earning money and helping us offset that deficit. Council Member Sims commented that there has been a significant reduction in the value of that overall fund which would more than offset years of earnings from 1994 to 1999. Ms. Anson said we are relying on the state actuaries to make that determination and then redefine what the contribution rates would need to be. The analysis submitted was based on the information supplied by the actuaries. They have determined that with just the Initiative 790 changes it would be an additional cost of a little over 12% or $1.3 million. There might also be an additional increase to cover the impact of the market but we don't have that information at this time. That's just one level of the impact. The second layer is that under 1 -790 the new board would have authority to increase benefits up to 20% of officer and firefighter salaries, subject to approval by the state legislature. This increase would impact the membership as well as the City. This addition could equate to about $600,000 per year. With these changes the budget would potentially go from $295,000 to $2.2 million. Council Member Sims commented that this is unfounded as there are no provisions for additional revenues for the city to help fund these costs. Ms. Anson agreed noting that the pension costs are currently paid from the property tax revenues which have been capped at 1 %. It would take approximately 35 cents per thousand, or over 10% in increases in the property taxes to cover the additional $1.3 million increase. Mayor Place commented said she is on four Police and Fire Pension Boards and they have equal representation of city and members and that works very well. She commented that she believes the employees should have some say in what's going on, but some of these implications are overwhelming. Ms. Anson emphasized that 1 -790 itself does not change the benefits but authorizes the board to change the benefits. It also changes the funding mechanism for the base benefits. However, with the base benefits, and we indicate $1.3 million annually to maintain a stable fund, those increases in the contribution rates would have to be approved by this new board. If they postpone increasing those contribution rates, it would only snowball the increases down the road and we would have to make them up at some point because those benefits are guaranteed to the employees. If the changes are not enacted immediately the deficits would only grow. City Manager Zais explained that this is an initiative that is on the ballot for November. We are trying to educate our citizens about the impact of this initiative as we understand it based on information provided from the state actuary. This is predicated on the fiscal analysis done by the state. It has severe impacts upon existing services, if this information is correct. We know there are disputes and differences of opinion from the 5 155 OCTOBER 15, 2002 police and firefighters and we have included this. Because of the impacts here we thought it was imperative that it come forward so the public gets a clear picture. The fact sheet tries to give some equivalency to the money at stake. It is equivalent to the library funding or to funding 20 police officers or firefighters, or to the cost of maintaining the city parks system. There are no new resources to pay for this. He said if the state is correct, it's a huge issue amounting to billions of dollars over the lifetime of these benefits, although if they are not correct there is no problem. He asked the sponsors and those making the rebuttal if it turns out the actuaries are correct would they be willing to come back with the financial means, a tax, to help pay for it as a separate initiative. Council took a short break at 4:00 p.m. and resumed the meeting at 4:10 p.m. Ricky Walsh, a Richland firefighter from Benton City and Vice President of the Washington State Council of Firefighters, claimed that most of the information provided was incorrect and there was a lot of misinformation going around. He said 1 -790 doesn't cost anyone any money. It doesn't mean an increase in taxes, and it doesn't give an automatic benefit increase. The worst case scenario that AWC has painted can occur now. He claims that 1 -790 simply changes who makes recommendation to the legislature. Their goal is to stop the legislature from reducing contributions to balance their budget. You currently have a board that makes recommendation to the legislature on benefit enhancements and contributions. It is made up of 16 legislators. The joint committee on pension policy can make recommendations to build up a huge benefit increase and run it through the legislature now. He hopes nobody thinks that the plan participants would pad their pension system through enhancements. He noted that they have stood with local government in opposing 1 -695 and 1 -747, they don't believe in tax cutting initiatives and don't believe in taxing themselves out of a job. This board would make recommendations on adjustments to contribution but it still has to be passed by the house and the senate and still has to be signed by the governor. Mayor Place clarified that statement noting that the legislature doesn't okay the recommendations, they only have the ability to veto it. Currently, if they don't like the recommendation, they simply don't act on it. Mr. Walsh claimed that the exact text of 1 -790 was given to the legislature in House Bill 721. At that time the state actuary had to put a cost on it and it was set at zero. After it was dead it was submitted as an initiative to the Secretary of State. Someone decided to again send it to the state actuary to get a number put on it. At that point it became a $71 million dollar item. After they collected the signatures necessary to put it on the ballot, it went back to the state actuary again for another number, who sent it outside to get a number put on it. It now became a cost of $177 million. This initiative has better safeguards in it now. He confirmed that they want to see those rates above the 8% go into the plan as they are tired of seeing a buy -down. He claimed that was how the state has been balancing the books. He accused them of previously just stealing the money, and now they are stealing through a buy down. He explained buy down as when the board decides to reduce the contribution of the employee and the employer rather than considering enhancements to the plan. He then discussed their desire to enhance the plan because of the nature of the work and the history of retiring at an earlier age as a result. He hopes the employees and the City become partners with a common goal of a good pension. 6 156 OCTOBER 15, 2002 Eric Walls, President of the YPD Association, said it is his understanding that they have one of the worst pensions in the country. He spoke about officer's from other areas reactions to the plan. He also related various incidences where officers have been hurt and can no longer work and what the pension has done for them. He noted that if he was to get hurt tomorrow, after 12 years on the force, he would make Tess than $200 a month. They are asking for a voice. They want to be able to make recommendations, the legislature is still going to get the final say. He said this is the only way they know of to stop the state from raiding their pension. Ron Johnson, President of the local International Association of Fire Fighters, relayed a story of a firefighter in Seattle who was injured in a fire and received only $75 a month on his pension. He told of another man in Hoquiam who was injured on the job and after 17 years he was going to get $350 a month before taxes. LEOFF II does not have a disability retirement. He said they would come back and work to find funding if what AWC says does happen. It was clarified that disability insurance is offered but they have to buy it on their own, it is not a part of their pension. Sandra Swanson, Chairman of the STOP Committee, said they took an official stance against this simply because of the imbalance of the board. Since it's 50% taxpayers' money they would like to see 50% representation on the board. Mrs. Swanson asked for clarification on a couple points: • Additional benefits must be purchased by any return over 8% and then become base benefits, is that true? Ms. Anson answered explaining any of the investment earnings over the average 8% that are received within the funds are required to be spent ONLY on additional benefits and that has nothing to do with what the board may choose to do or not. The initiative says they cannot be used on anything except additional benefits. Once those additional benefits are accepted and are implemented, they become base benefits. • How does the veto by the legislature work? Again, Ms. Anson explained that the second tier benefits, those that the board does have the authority to increase up to 20% of members' salaries, once the new board approves them, automatically become effective unless the legislature vetoes them within 90 days of the next session. Those do not become base benefits. She further explained that should the cost of those benefits increase over time and become more than that 20% they can be lowered and rescinded based on a membership vote. 8. CONSIDERATION OF RESOLUTION ESTABLISHING A CITIZEN POLICE ADVISORY COMMITTEE Roy Willson, Acting-Chief of Police, introduced the resolution highlighting the Falk report and noted that this proposed committee is in response to recommendation #11 • of that report. Mayor Place distributed a 10/15/02 letter from Alfonso Lee written in support of forming a citizen committee to review certain police matters. The City Clerk read the resolution by title only, BUCHANAN MOVED AND GEORGE SECONDED TO ADOPT THE RESOLUTION. 7 157 OCTOBER 15, 2002 Robert Owens, 614 North 3rd Street, spoke about problems he has had with the police in the past. He commented that an advisory panel with no power addresses only a part of what he considers to be a larger problem. He also said he thinks the Police Chief and City Attorney positions should be elected positions. The question was called for a vote on the motion. The motion carried by unanimous roll call vote. The City Clerk was directed to start collecting applications. The applications will be reviewed by the Council Public Safety Committee. RESOLUTION NO. R- 2002 -121, A RESOLUTION establishing a Citizen Police Advisory Committee for the City of Yakima and the Yakima Police Department for the purpose of advising the Yakima Police Department, City Manager and the City Council on matters relating to law enforcement actions, standards, policies, procedures and programs. 9. CONSIDERATION OF RESOLUTION REGARDING ABATEMENT OF CLEARVIEW STANDARDS VIOLATION AT 401 SOUTH 37 AVENUE Joan Davenport, Traffic Engineering Supervisor, explained that a violation of clearview was reported on August 5 at 401 South 37 Avenue, at the intersection of Del Mar Terrace and Walnut Street. The violation was confirmed and a courtesy letter was sent out on August 7 That letter gave them until the first of September to abate it. No progress was made by that date and a notice of violation was mailed. At this time, nothing has been done. There was discussion on the abatement process and it was noted that, although there was also a clearview violation across the street, action is only taken based on citizen complaint. The Council was assured that staff does not enter the property without permission. If permission is denied, it goes through a legal process to make sure constitutional rights are not violated. The City Clerk read the resolution by title only; BUCHANAN MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by 6 -1 roll call vote, Barnett voting nay. RESOLUTION NO. R- 2002 -122, A RESOLUTION authorizing enforcement of intersection clear view violation at 401 South 37 Avenue, as described in Yakima Municipal Code 8.80.040. 10. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM Royale Schneider, Code Compliance Officer, described the condition of two properties, both vacant houses, and advised that the property owners have not responded to letters sent earlier asking them to abate the weeds. Council Member Barnett asked if this resolution authorizes staff to go on that property and take care of the problem. Doug Maples, Code Administration and Planning Manager, said the issue of entering the property would be a legal matter. Legal would be requested to give a determination based on whether or not the owners had responded to our notices and, if not, whether staff has the right to enter the property. 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 -123, A RESOLUTION authorizing the Code Administration and Planning Manager to clear certain weedy lots. 8 - 158 OCTOBER 15, 2002 11. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR CONCRETE PLANTERS/ BARRIERS IN THE VICINITY OF 415 NORTH 3 STREET REQUESTED BY MINATA, INC. ON BEHALF OF THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE BUCHANAN MOVED AND SIMS SECONDED TO APPROVE THE RIGHT -OF -WAY USE PERMIT. The motion carried by unanimous voice vote. PUCCINELLI MOVED AND MATTSON SECONDED TO ADD A CONDITION TO HAVE THEM TAKE CARE OF THE PLANTING STRIP AND IF THEY LEAVE, THEY WILL REMOVE THE PLANTERS. The motion carried by unanimous roll call vote. *12. CONSIDERATION OF RESOLUTION AUTHORIZING REMOVAL AND REPLACEMENT OF TREES OBSTRUCTING SIGNAGE IN THE DOWNTOWN AREA REQUESTED BY MERCY ENTERPRISES RESOLUTION NO. R- 2002 -124, A RESOLUTION authorizing the removal of three Sweetgum trees located in the City right -of -way at Chestnut and 2 Street, Yakima, Washington. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT TO PREPARE OPERATIONS AND MAINTENANCE MANUAL FOR 2002 WATER COMPREHENSIVE PLAN RESOLUTION NO. R- 2002 -125, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a contract with Carollo Engineers, a professional corporation, for the preparation of an Operations and Maintenance (O &M) Manual for the Naches River Water Treatment Plant as part of the 2002 update to the Water Comprehensive Plan. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF TWO CONTRACT ADDENDUMS WITH WARDELL ARCHITECTS FOR CONVENTION CENTER EXPANSION DESIGN SERVICES RESOLUTION NO. R- 2002 -126, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute two addendums to the Architectural Services Agreement with Wardell Architects, P.S. for the expansion of the Yakima Convention Center with regard to the design and construction of a concrete block wall, and for the design and construction of temporary offices for personnel of the Yakima Convention Center during the expansion project. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH YAKIMA PHYSICIANS FOR MEDICALSERVICES FOR JAIL INMATES RESOLUTION NO. R- 2002 -127, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services agreement for jail medical services with Yakima Physicians in order to continue medical services for the City of Yakima Detention Facility located at the Yakima Police /Legal Center, 200 South Third Street, Yakima, Washington. 9 159 OCTOBER 15, 2002 *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF ROSEBURG, OREGON RESOLUTION NO. R- 2002 -128, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the City of Roseburg, Oregon. *17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH TRI- COUNTY WATER RESOURCE AGENCY FOR OFFICE SPACE AT CITY OF YAKIMA PUBLIC WORKS FACILITY RESOLUTION NO. R- 2002 -129, A RESOLUTION authorizing the City Manager to execute an Office Use Agreement with Tri- County Water Resource Agency. 18. CONSIDERATION OF RESOLUTION ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Chris Waarvick, Director of Public Works, submitted an aspirational goal of 10% to meet federal requirements. Phil Pleasant, 1202 Fair Avenue, asked for clarification on this Disadvantaged Business Enterprise Program. Sue Ownby, the DBE Liaison Officer for this program explained this resolution for a 10% aspiration goal is for transit contracts. It was explained that this goal relates to the purchasing activities of the Transit Division and how it unlocks the door for approximately a million dollars worth of grants. 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 -130, A RESOLUTION approving and adopting a Disadvantaged Business Enterprise Program and authorizing submittal of said Program with the United States Department of Transportation, the Federal Transit Administration, and all other appropriate federal and state agencies for review and approval. *19. CONSIDERATION OF RESOLUTIONS GRANTING PUBLIC FIREWORKS DISPLAY PERMITS AND APPROVING WAIVER OF FEES FOR: A. DAVIS HIGH SCHOOL ASB RESOLUTION NO. R- 2002 -131, A RESOLUTION granting a public fireworks display permit to Eagle Fireworks and waiver of the $50.00 permit application fee on behalf of Davis High School ASB. B. EISENHOWER HIGH SCHOOL ASB RESOLUTION NO. R- 2002 -132, A RESOLUTION granting a public fireworks display permit to Eagle Fireworks and waiver of the $50.00 permit application fee on behalf of Eisenhower High School ASB. 10 160 OCTOBER 15, 2002 *20. CONSIDERATION OF RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY CONSISTING OF A 1972 FORD FIRE PUMPER TO THE YAKIMA/MORELIA SISTER CITY ASSOCIATION RESOLUTION NO. R- 2002 -133, A RESOLUTION declaring a 1972 Ford pumper truck • (vehicle identification number D18889) to be surplus to the needs of the City of Yakima and the Fire Department, and authorizing sale of the truck to the Yakima/Morelia Sister City Association for Fifteen Hundred Dollars ($1,500.00) plus sales tax. *21. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR DECEMBER 12, 2002 FOR PETITION FILED BY U.S. GENERAL SERVICES ADMINISTRATION FOR VACATION OF PUBLIC RIGHT -OF -WAY IN FRONT OF THE FEDERAL COURTHOUSE AT 25 SOUTH 3 STREET , RESOLUTION NO. R- 2002 -134, A RESOLUTION fixing time for public hearing before the Hearing Examiner on December 12, 2002, on a petition filed with the City Clerk by the U.S. General Services Administration for the vacation of a portion of the public right -of -way in the vicinity of the Federal Courthouse located at 25 South 3 Street. *22. CONSIDERATION OF APPOINTMENTS TO THE COMMERCIAL REVITALIZATION DEDUCTION ALLOCATIONS COMMITTEE Council accepted the recommendation from the Economic Development Committee and appointed the following seven individuals to the Commercial Revitalization Deduction Allocations Committee: Julie Smith, CPA Ron Bonlender, RC Resident Joe Mann, RC Business LeRoy Thompson, Commercial Banker Donna Batch, HUD Mark Mochel, YCDA/New Vision John Puccinelli, City Council *23. APPROVAL OF REPORTS FROM THE FINANCE DEPARTMENT: A. 2001 STATE AUDITOR'S REPORT The 2001 State Auditor's Report was accepted and approved. B. 2001 COMPREHENSIVE ANNUAL FINANCIAL REPORT The 2001 Comprehensive Annual Financial Report was accepted and approved. *24. APPROVAL OF ESTIMATE OF FINAL CONTRACT PAYMENTS FOR (ADOPT STANDARD MOTION V -B — ACCEPT PROJECT AND APPROVAL FINAL PAYMENT): A. PARK & RIDE FACILITY ON FAIR AVENUE PROJECT NO. 1913 PERFORMED BY SUPERIOR PAVING COMPANY The report from the City Engineer, dated October 1, 2002, with respect to the completion of the work on the Park & Ride Facility — Fair Avenue Project, performed by Superior Paving Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 11 16 1 OCTOBER 15, 2002 B. PATHWAY AND SIDEWALK ENHANCEMENT PROJECTS NOS. 1753, 1904, 1905, 1938, 1937, AND 1903 PERFORMED BY DURAND'S, INC. The report from the City Engineer, dated October 1, 2002, with respect to the completion of the work on the Pathway & Sidewalk Enhancement Project, performed by Durand's, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. C. CBD SIGNAL ENHANCEMENT — PHASE II AND PWTF 2002 STREET IMPROVEMENT PHASE III PROJECTS NO. 1928 AND 1886 PERFORMED BY KNOBEL'S ELECTRIC The report from the City Engineer, dated October 1, 2002, with respect to the completion of the work on the CBD Signal Enhancements Phase II and PWTF Project Street Improvement Phase III, performed by Knobel's Electric, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. D. CITY WATER FLUORIDATION SYSTEM PERFORMED BY APOLLO, INC. The report from Apollo, Inc., dated July 9, 2002, with respect to the retainage billing for the work on the Naches River Water Treatment Fluoridation System Project, performed by Apollo, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *25. SET DATE OF OCTOBER 29, 2002 AS SUBSTITUTE COUNCIL MEETING FOR CANCELED COUNCIL REGULAR BUSINESS MEETING October 29, 2002 was set as the date for a substitute Council business meeting. *26. SET DATE OF PUBLIC HEARING FOR NOVEMBER 5, 2002 FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS 2003 ANNUAL ACTION PLAN November 5, 2002 was set as the date of Public Hearing on the proposed 2003 Annual Action Plan (proposed activities and expenditure for the Community Development Block Grant and HOME funds). *27. SET DATE OF PUBLIC HEARINGS FOR: A. NOVEMBER 5, 2002 ON THE 2003 AD VALOREM TAX November 5, 2002 was set as the date of public hearing on the 2003 Ad Valorem Tax. B. NOVEMBER 19, 2002 ON PROPOSED 2003 BUDGET November 19, 2002 was set as the date of public hearing on the proposed 2003 Budget. • 12 16 2 . OCTOBER 15, 2002 *28. SET DATE OF CLOSED RECORD PUBLIC HEARING FOR NOVEMBER 5, 2002 TO CONSIDER HEARING EXAMINER'S RECOMMENDATION RELATING TO SUMMITVIEW VINEYARDS PRELIMINARY PLAT IN THE VICINITY OF 218 NORTH 32 AVENUE REQUESTED BY JIM FICKEL November 5, 2002 was .set as the date of Closed Record Public Hearing to consider the Hearing Examiner's recommendation on the preliminary plat of Summitview Vineyards, located in the vicinity of 218 North 32 Avenue, as requested by Jim Fickel. ORDINANCES *29. CONSIDERATION OF ORDINANCE APPROVING REZONE OF PROPERTY IN THE VICINITY OF 915 THROUGH 1013 LANDON AVENUE REQUESTED BY SHIELDS BAG AND PRINTING ORDINANCE NO. 2002 -51, AN ORDINANCE concerning land use regulation and planning, and rezoning certain parcels of property located in the vicinity of 915 Landon Avenue to 1013 Landon Avenue from Two - Family Residential (R -2) to Light Industrial (M -1) as more fully described herein; Shields Bag & Printing Company as applicant herein. *30. CONSIDERATION OF ORDINANCE APPROVING REZONE AND CLASS 2 REVIEW FOR PROPERTY AT 4309 WEST NOB HILL BOULEVARD AND 911 SOUTH 44 AVENUE REQUESTED BY SKYLAND COMPANY, INC. ORDINANCE NO. 2002 AN ORDINANCE concerning land use regulation and planning, and rezoning certain parcels of property located in the vicinity of W. Nob Hill Boulevard and South 44 Avenue from Multi - Family Residential (R -3) to Small Convenience Center (SCC) as more fully described herein, and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding a certain Class (2) land use for operation of a supermarket/convenience store; Skyland Company, Inc., as applicant herein. 31. OTHER BUSINESS COUNCIL MEMBER MATTSON MOVED AND SIMS SECONDED TO NOMINATE ONI PERALES FOR REAPPOINTMENT TO THE YAKIMA RIVER BASIN SALMON RECOVERY BOARD. The motion carried by unanimous voice vote. COUNCIL MEMBER GEORGE MOVED AND MATTSON SECONDED TO REMOVE CLARENCE GIPSON FROM THE CAPITAL IMPROVEMENTS /FACILITIES COMMITTEE. Council Member Barnett asked for and received permission to abstain from the vote. The motion carried by unanimous voice vote; Barnett abstained. PUCCINELLI MOVED AND BARNETT SECONDED TO HAVE LOLA FRANKLIN FILL THE VACANCY ON THE CAPITAL IMPROVEMENTS /FACILITIES COMMITTEE. After discussion about the backgrounds of the two applications received, SIMS MOVED AND BUCHANAN SECONDED TO AMEND THE MOTION TO APPOINT GEORGE EDMONDSON TO FILL THE VACANT POSITION. The motion to amend carried by 5 -2 roll call vote; Puccinelli and Barnett voting nay. The vote to appoint George Edmondson carried by 5 -2 roll call vote; Puccinelli and Barnett voting nay. 13 1 6 3 OCTOBER 15, 2002 • Information Items Items of information provided to Council were: Notice of November 7, 2002 Weapons of Mass Destruction Senior Officials' Workshop presented by U.S. Department of Justice; Invitation to the October 22, 2002 Yakima County Re -Entry Team of the Statewide Going Home Initiative meeting; Notice of October 30, 2002 Public hearing on the Yakima Health District 2002 annual budget; 10/9/02 Notice of the cancellation of the October 16, 2002 Community Review Board meeting; Planning Division Assignments Pending Report as of October 15, 2002; Hanford Update, October 2002; Agenda for the October 21, 2002 Yakima Valley Conference of Governments Executive Committee meeting and minutes of its September 16, 2002 meeting; Agenda for the October 16, 2002 Yakima Valley Conference of Governments General Membership meeting and minutes of its September 18, 2002 meeting; Yakima Regional Clean Air Authority Summer 2002 newsletter — The Yakima Air News; Stormwater Management News, October 2002; Article from October 6, 2002 Seattle Times, "State Ponders Taking Exclusive Rights to Slot Machines Away from Tribal Casinos "; Article from October 7, 2002 The Wall Street Journal, "Fiscal Crises Force States to Endure Painful Choices "; and Article from October 2002 Governing, "After the Mall". 32. EXECUTIVE SESSION REGARDING PENDING LITIGATION There was no Executive Session held. 33. ADJOURNMENT SIMS MOVED AND BUCHANAN SECONDED TO ADJOURN THE MEETING AT 5:25 P.M. The motion carried by unanimous voice vote. READ AND CERTIFIED ACCURATE B �- -' 4d.AlW /1-4e/1--- 49-61, , CIL MEMBER DATE .x /25 /Z -/ �✓� COUNCIL MEMBER DATE ATTEST: CITY CLERK ARY PLACE, MAYOR • Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 14