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
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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.
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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.
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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.
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•
*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.
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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.
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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.