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HomeMy WebLinkAbout01/07/2003 Business Meeting 247 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JANUARY 7, 2003 - 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 Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL PRESENTATION A. PROCLAMATIONS MARTIN LUTHER KING, JR. DAY Mayor Place read a proclamation declaring the week of January 20 through the 26 as Martin Luther King, Jr. Week in the City of Yakima. Ester Huey accepted the proclamation as a member of the Martin Luther King Planning Committee. She noted this is the 23 year of bringing activities to the community in commemoration of Mr. King's life and enumerated many of the planned. activities. B. SPECIAL PRESENTATION BY POLO AGUILERA REGARDING MORELIA SISTER CITY VISIT Polo Aguilera, 4703 West Prasch Avenue, showed a short video of the recent trip to Morelia, Mexico. Council Member Puccinelli also spoke about the many • accomplishments resulting from the relationship between the two cities. SIMS MOVED AND PUCCINELLI SECONDED TO HAVE THE MAYOR WRITE A LETTER TO SENATOR DECC/O REAFFIRMING THE COUNCIL'S SUPPORT OF SENATOR DECCIO'S EFFORTS TO SECURE ADDITIONAL FUNDING FOR THE COMPLETION OF KIWANIS PARK AND DIRECT STAFF TO PREPARE COMPREHENSIVE COST AND DEVELOPMENT ALTERNATIVES FOR THE PARK'S COMPLETION. IN ADDITION, THE COUNCIL SUPPORTS THE TRANSFER OF LARSON PARK, FIELD #3, TO YAKIMA VALLEY COMMUNITY COLLEGE AFTER A PUBLIC HEARING, IF REQUIRED BY STATE LEGISLATION. Council Member Mattson commented that he thought a public hearing wasn't enough and that he would like to see wider public notification using the media. He recommended a forum or some other type of venue beyond just a public hearing. He stressed the need for very explicit information using graphics and maps. This initiated further discussion on the passive park and green space in 248 JANUARY 7, 2003 general. Council Member Buchanan commented that the motion states the final action before a hearing is even held. PUCCINELLI MOVED AND BUCHANAN SECONDED TO DIVIDE THE MOTION INTO TWO PARTS. The motion carried by a 4 -3 voice vote; Barnett, George and Sims voting nay. The question was called on the first part of the motion, supporting Senator Deccio's efforts to secure additional funding for the completion of Kiwanis Park. The motion carried by unanimous voice vote. The question was called on the second part of the motion; to support transferring Larson Park, Field #3, to YVCC. The motion carried by a 4 -3 voice vote, Buchanan, Mattson and Place voting nay. 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. 7A. and 7B. were added to the Consent Agenda. 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 DECEMBER 3, 2002 BUDGET REVIEW AND BUSINESS MEETING AND DECEMBER 10, 2002 ADJOURNED MEETING (BUDGET WRAP -UP) The minutes of the December 3, 2002 Budget Review and Business meeting and December 10, 2002 Adjourned meeting (Budget Wrap -Up) 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 Richard Andring, 203 South 8 th Avenue, addressed the Council regarding several issues: • Yellow street markings by the railroad tracks on 6 th Avenue • Chuckholes in the Walnut to Chestnut area • Bushes and weeds over the walkway by the Medical Center • Traffic pattern and stop signs by Davis High School • Illegal fence at 404/406 Stewart Street Jim Scoggins, 4603 Conestoga Boulevard, urged Council to reconsider the decision made at the December 17 meeting to transfer Larson Park property to Yakima Valley Community College. He submitted and read a document he wrote to the Council which addressed a contract between the state and the City for the $1.25 • million in state funds and how it was for ball fields and did not mention Yakima Valley Community College. It also addressed the timing issue. A major point was that YVCC did not have the funding to purchase this property and, as such, a gift of public property without appropriate compensation is in violation of the state constitution. He suggested leasing Dunbar field to YVCC who in turn could sublease it to Yakima Youth Baseball. 2 JANUARY 7, 2003 Discussion ensued regarding the gifting laws, legislative intent on this issue, and that the Attorney General of Washington has reviewed this transaction for compliance. Mr. Scoggins compared this transaction with the tennis courts transaction noting how the college bought that property from the City. He claimed that was not happening in this case. He didn't see how the college could take the City's money to buy City property. BUCHANAN MOVED AND MATTSON SECONDED TO RECONSIDER THE VOTE ON THIS SUBJECT FROM THE DECEMBER 17, 2002 MEETING. Council Member Mattson noted the growing citizen discomfort over this transaction. Council Member Puccinelli expressed the urgency to move forward or the college will lose an opportunity for funding, and Council Member Buchanan clarified that this is not a decision between ball fields and the college but is a decision between moving college buildings onto a City park or listening to the neighbors and retaining green space. Mr. Scoggins raised the issue of amending the contract if the City wanted the college involved in the funds. Senator Deccio explained that this action is merely completing what was started four years ago and that was the basis on the application for this funding. He offered to amend the 0103 supplemental capital budget and direct the money somewhere else if Yakima does not want it. The question was called for a vote on the motion. The motion failed by a 4 -3 roll call vote; Barnett, George, Puccinelli and Sims voting nay. Brandon Russell, First Star Entertainment at 15 Chicago Avenue Suite B, said they are continuing to work on a tourist video of Yakima and supplied Council with an updated tape. He talked about their future plans and received compliments from • Council Member Puccinelli on their efforts. Council Member Sims suggested the tape be shown on YPAC following the Council Meeting. • CITY MANAGER'S REPORTS 6. REVIEW OF COUNCIL MEMBER ASSIGNMENTS TO BOARDS AND SPECIAL COMMITTEES A. APPOINTMENT TO WEST VALLEY INTERGOVERNMENTAL COMMITTEE West Valley Intergovernmental Committee was added to the list of Boards and Commissions and Mary Place and John Puccinelli were assigned with Lynn Buchanan as an alternate. Other changes to the Boards and Commissions list: Yakima Valley Conference of Governments General Membership — Paul George replaced John Puccinelli and John Puccinelli became the alternate. Joint Board for Urban Area Planning — Mayor Place became an alternate. Yakima River Basin Salmon Recovery Board — Paul George replaced Larry Mattson and Larry Mattson became the alternate. Yakima County Substance Abuse Coalition — Mayor Place was added. Association of Washington Cites Board — Mayor Place is now a member of this board. Council Member Barnett asked staff to look into replacing or reappointing Deborah Patterson on the Yakima Urban Area Regional Planning Commission as her term expires this month. 3 250 JANUARY 7, 2003 It was also noted that the Airport Terminal Board now meets at McAllister Museum. Mayor Place advised that the Greenway Representative on Bicycle /Pedestrian Committee is now Al Brown. Staff was requested to update the Housing Loan Review Committee. Staff was requested to update the Lodging Tax Advisory Committee. Staff was requested to look into replacing or reappointing two positions that expired in December 2002 on the Parks and Recreation Committee. The Southeast Community Center Advisory Board is being looked into to fill the community member position. The Yakima Downtown Association needs to be updated by that committee as all . positions but one have expired. The Council Liaison needs to be changed to John Puccinelli. Mayor Place advised that we have received only six applications for the Police Citizens Advisory Committee. She noted the ethnic make -up of that committee must reflect the 2000 census of Yakima and we will continue to solicit for members. Council took a brief break at 4:00 p.m. and reconvened at 4:10 p.m. *7. CONSIDERATION OF APPOINTMENTS TO BOARDS AND COMMISSIONS: A. CHARTER CIVIL SERVICE COMMISSION AND POLICE & FIRE CIVIL SERVICE COMMISSION (STAFF RECOMMENDATION: MELANIE GILMORE) Melanie Gilmore was appointed to serve on the Police and Fire Civil Service and Charter Civil Service Committees. B. BICYCLE AND PEDESTRIAN CITIZEN ADVISORY COMMITTEE (STAFF RECOMMENDATION: ERIC BRUNTJEN AND DAVID HUYCKE) Eric Bruntjen and David Huycke were appointed to replace Greg Luring and Diane Turner on the Bicycle and Pedestrian Citizen Advisory Committee. *8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH EMERGENCY SERVICES EDUCATION & CONSULTING GROUP FOR FIRE STATION DEPLOYMENT (RELOCATION) PLAN RESOLUTION NO. R- 2003 -01, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Professional Services Agreement with Emergency Services Education & Consulting Group to evaluate the ability of the Department to serve anticipated growth and development of the community over the next 10 -20 years and to assist with the development of a Fire Station Deployment Plan for the City of Yakima. *9. CONSIDERATION OF RESOLUTION AUTHORIZING SUBMITTAL OF SIED GRANT APPLICATION FOR GATEWAY TO WINE COUNTRY VISITOR INFORMATION CENTER RESOLUTION NO. R- 2003 -02, A RESOLUTION authorizing the City Manager to execute and submit a grant and loan application and all other necessary grant/loan documents with Yakima County for funding from the Yakima County Supporting Investments in Economic Development (SIED) Fund for infrastructure improvements necessary for the Gateway to Wine Country Visitor Information Center project. 4 25 1 JANUARY 7, 2003 • *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH VARIOUS OUTSIDE AGENCIES FOR FIRE TRAINING SERVICES RESOLUTION NO. R- 2003 -03, A RESOLUTION authorizing and directing the Fire Chief of the City of Yakima Fire Department to execute training service agreements that are substantially in accord with the terms and conditions of the attached form training service agreement in order to obtain professional training services during 2003. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXTENSION OF AGREEMENT WITH MARSH ADVANTAGE AMERICA FOR BROKER / RISK MANAGEMENT SERVICES RESOLUTION NO. R- 2003 -04, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an extension of the Broker /Risk Management Services Agreement with Marsh Advantage America, Incorporated. *12. CONSIDERATION OF RESOLUTION DECLARING A 1998 JCB BACKHOE AS SURPLUS AND AUTHORIZING ITS SALE TO THE CITY OF WOODLAND RESOLUTION NO. R- 2003 -05, A RESOLUTION declaring one 1998 JCB Backhoe (ER 6068) surplus and authorizing its sale to the City of Woodland, Washington. *13. SET DATE OF PUBLIC HEARING FOR JANUARY 21, 2003 TO CONSIDER THE • HEARING EXAMINER'S RECOMMENDATION ON THE VACATION OF RIGHT -OF- WAY ALONG SOUTH 3 STREET AND EAST CHESTNUT AVENUE REQUESTED FOR THE FEDERAL COURTHOUSE January 21, 2003 was set as the date of public hearing to consider the Hearing Examiner's recommendation to vacate a portion of public right -of -way along South 3 Street and East Chestnut Avenue in the vicinity of the William O. Douglas Federal Courthouse located at 25 South 3 Street. *14. SET DATE OF PUBLIC HEARING FOR JANUARY 21, 2003 ON THE CITY'S SECTION 108 LOAN PROGRAM January 21, 2003 was set as the date of public hearing to consider the City's Section 108 Loan program and projected budget. *15. SET DATE OF CLOSED RECORD PUBLIC HEARING FOR JANUARY 21, 2003 TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION TO REZONE PROPERTY AT 820 NORTH 20 AVENUE, REQUESTED BY CHARLES DOLQUIST January 21, 2003 was set as the date of closed record public hearing to consider the Hearing Examiner's recommendation to rezone property at 820 North 20 Avenue, requested by Charles Dolquist. 5 252 JANUARY 7, 2003 ORDINANCES 16. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO DOMESTIC WATER SYSTEM CONNECTION CHARGES Dueane Calvin, Water and Irrigation Manager, explained the ordinance. The intent is to bring equity to the system of charges and addresses commercial and industrial properties. The ordinance creates an option for commercial and industrial properties where they can elect to pay 15 cents per square foot for the actual measured area of landscaping or they can pay the bulk rate of 9 cents per square foot on the total area. There was discussion on whether this creates an additional charge for those on the 308- system if it is decided to convert that system to domestic water. It was clarified that the people on that system will have already paid for the conversion and therefore would not be hit with this additional charge. It was requested that point be clarified in writing for future 'reference. Council Member Buchanan said he had been told by citizens that they had put in a second meter to connect to the domestic water system for irrigation and were told by City employees that they don't pay attention to that meter. Dave Brown, Water Engineer, explained about the sewer deduct meter and why that is not an accurate statement. The City Clerk read the ordinance by title only; BARNETT MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. The motion passed by unanimous roll call vote. ORDINANCE NO. 2003 -01, AN ORDINANCE relating to domestic water system connection charges of Chapter 7.56 of the City of Yakima Municipal Code; adding a definition of two - family dwellings to Section 7.56.020 of the City of Yakima Municipal Code; and modifying the base irrigation charge for certain parcels by amending Section 7.56.060 of the City of Yakima Municipal Code. • City Manager Zais mentioned that there is to be a study session on irrigation January 21 There will also be an evening public hearing on the subject some time after the study session. *17. CONSIDERATION OF ORDINANCE IMPOSING A RESTRICTIVE COVENANT ON GAILLEON PARK AND KISSEL PARK RE: ENVIRONMENTAL REMEDIATION OF CONTAMINATED SOILS ORDINANCE NO. 2003 -02, AN ORDINANCE concerning land use and environmental regulation and imposing a restrictive covenant on real property owned by the City of Yakima commonly known as Kissel Park and Gailleon Park (the "Parks ") as a part of the City's environmental remediation of arsenic- and -lead- contaminated soils located in the Parks, undertaken in conjunction with the Washington State Department of Ecology's Toxics Cleanup Program. 6 253 JANUARY 7, 2003 18. OTHER BUSINESS Mayor Place announced that all the companies that applied for tax credits under the Community Revitalization Tax Program qualified. She thanked Bill Cook and Mike Morales from Community and Economic Development for their efforts. • Bill Cook, Director of Community and Economic Development, supplied Council with a packet of information on the social card room moratorium and gave an update on the issue. He advised that the moratorium ends on January 20 He summarized the activities with regard to the gambling issue over the last year. There were two Council study sessions held in June, a public hearing held on June 18 and on October 29 an ordinance was passed that made three changes in the development standards as they relate to gambling that will go into effect January 12, 2003. The definition of a card room was amended and Council established a requirement for Class 3 review on social card rooms. The ordinance also prohibits social card rooms within 500 feet of a school, public or private, a church, or a park. In the summary packet, Mr. Cook tried to capture the distinct comments made by Council and the public. He said he believes Council accomplished everything they talked about doing, with the only outstanding item being to look at the gambling tax rate. He advised that the City is not at the limit provided for by the legislature. He also noted that there are no bills regarding this issue filed in the legislature at this time. Mayor Place told Council that she represented Yakima's position to the Association of Washington Cities. She said their main concern is that we have some say about where they are placed and that we get some of the tax money. That stand was adopted by AWC. Council Member Puccinelli asked if anyone has mentioned to AWC that the Lottery pays no taxes to cities. He would like to see AWC go to the legislature and ask them to have the Lottery pay taxes to the local cities. Mayor Place advised that she brought this subject up but it didn't go anywhere. • Information Items: Items of information provided to Council were: Agenda for the January 9, 2003 Yakima Downtown Association meeting and minutes of its December 5, 2002 meeting; Agenda for the January 14, 2003 Tahoma Cemetery Task Force meeting and minutes of its November 12, 2002 meeting; Article: "No Happy New Year for Public Housing: HUD Runs Out of Money for Public Housing But Refuses to Seek Additional Funding "; and Article from December 27, 2002 Far West Bond - Watch, "Washington: No Tax Hike (Spokane)" 19. EXECUTIVE SESSION REGARDING PENDING LITIGATION SIMS MOVED AND BUCHANAN SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES WITH IMMEDIATE ADJOURNMENT THEREAFTER TO JANUARY 14, 2002 STUDY SESSION ON COUNCIL REDISTRICTING. The motion carried by unanimous voice vote.