HomeMy WebLinkAbout02/18/2003 Business Meeting 296
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
FEBRUARY 18, 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 Mattson.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL PRESENTATION
A. PROCLAMATIONS
None
B. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS -
AILEEN KANE — SIDEWALK MARKINGS AT ARLINGTON
Mayor Place advised that this will be corrected when the Street Division re- stripes this year.
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. 19 was added to the Consent Agenda. The City
Clerk read the Consent Agenda items, including resolutions and ordinances by
title. SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE
CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote.
(Subsequent paragraphs preceded by an asterisk ( *) indicate items on the
Consent Agenda handled under one motion without further discussion.)
*A. APPROVAL OF MINUTES OF JANUARY 28, 2003 ADJOURNED MEETING
The minutes of the January 28, 2003 Adjourned 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
Mike Davis, Finance Director for the Caribbean Casino, 4964 Pear View,
addressed Jar Arcand's suggestion at the last Council meeting to raise the
local gaming tax. He presented documentation to Council to portray that the
gambling tax on the west side of the Cascades is Tess than that on the east
side. He claimed that their average tax is about 8.71 %, compared to Yakima's
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10 %. He also distributed a page with comparisons of all Washington casinos,
and they averaged a tax rate of 9.3 %. He referred to a schedule of the
gambling tax rate provided by AWC showing card games at 6.45 %. He said
that figure is the weighted average of all the taxing authorities for all the cities
in the state of Washington. It includes about 96 cities that do not impose any
tax at all. He claimed that this research shows that Yakima's gambling tax is
already about 55% higher than the weighted average of all cities in the state.
He suggested that because our unemployment rate is one of the highest in the
state, we should have our gaming tax below the average claiming it would be
good for our economy.
PUBLIC HEARING
6. PUBLIC HEARING ON DESIGNATION OF NEW COUNCIL DISTRICTS
The City Clerk read the ordinance by title only. Doug Maples, Planning and
• Code Enforcement Manager, explained that the four districts are up for election
this November. There was a study session held on January 14, 2003 with
testimony from the County Auditor's office. Following that study session, all
comments were coordinated and a revised map was created to include the
South 72 Avenue and Congdon annexation properties. When asked if she
concurred with the revised map, Corky Mattingly, the County Auditor, advised
she hadn't received it for review yet.
• Mayor Place opened the public hearing
Norma Howell, 619 South 68 Avenue, asked for an explanation of the
different types of council positions and who can vote for what. It was explained
that at the primary election voters will decide on the top two people in their
district only. However, at the general election everyone gets to vote for every
position.
Paul George asked what would happen to people that ran and got elected in
the districts that had been annexed in if, subsequently, the Supreme Court
decides differently in the annexation issue. Would they be "un- elected "? City
Attorney Paolella said there are a lot of cities in that situation and if the
Supreme Court de- annexed the area they would also have to advise what rules
would apply as a result of that decision
City Manager Zais clarified that the West Valley School District boundaries
have not and will not change.
• Mayor Place closed the public hearing
Ms. Mattingly commented that she was satisfied that all the revisions had been
incorporated into the map. It was the consensus of Council to bring this item
back for a vote at the March 4 Council meeting.
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CITY MANAGER'S REPORTS
7. CONSIDERATION OF REPORT AND RECOMMENDATION FROM PARKS AND
RECREATION DIVISION REGARDING LARSON PARK RESTROOMS
Chris Waarvick, Director of Public Works, reviewed two questions asked on this
subject at the last Council meeting; could the restrooms be constructed on the
Dunbar Park side of the field and, would they be accessible to the public? The
answer to both of those questions was no. Therefore, they are again asking to put
the restrooms in the northwest corner for the bid amount provided. Council
Member Mattson asked if there will be a restroom included in the Dunbar field
upgrade, and was advised that per Dr. Tollefson, YVCC Vice President, not at this
time. Council Member Mattson then voiced his concern about how Dunbar field
will be upgraded in the future and there will then be a restroom there as well as the
one the City is putting in. When we ask citizens to help us find ways of scaling
back it would be nice if we didn't have two restrooms serving the same purpose
when we could have effectively joined them into one facility. Paul McMurray,
Assistant City Attorney, explained that one of the reasons the college was not
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interested in a cooperative effort was the $90,000 they received to upgrade
Dunbar Park was private money, not public money. Therefore, it doesn't have the
same restrictions tied to it that the public money has. Also, if we provided some
funds from the city for the restroom then the college would have to comply with
public bid laws and prevailing wage etc. and that would raise the cost of the
project. SIMS MOVED AND BUCHANAN SECONDED TO APPROVE THE
RECOMMENDATION FOR CONSTRUCTION OF RESTROOMS AT LARSON
PARK. The motion carried by unanimous voice vote.
8. CONSIDERATION OF COUNCIL DESIGNATION ON THE SUNDOME
ADVISORY COMMITTEE
GEORGE MOVED AND PUCCINELLI SECONDED TO NOMINATE CLARENCE
BARNETT AS THE CITY'S REPRESENTATIVE ON THE SUNDOME ADVISORY
COMMITTEE. The motion carried by unanimous voice vote. SIMS MOVED AND
PUCCINELLI SECONDED TO NOMINATE PAUL GEORGE AS THE ALTERNATE
ON THE COMMITTEE. The motion carried by unanimous voice vote.
*9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH YAKIMA COUNTY AND PEOPLE FOR PEOPLE FOR
UPPER COUNTY TRANSPORTATION SERVICES FOR ELDERLY AND
HANDICAPPED CITIZENS
RESOLUTION NO. R- 2003 -22, A RESOLUTION authorizing and directing the City
Manager and the City Clerk of the City of Yakima to execute agreement
documents with Yakima County Office of Aging and Long Term Care (ALTC) and
People for People, Inc. for transportation services for the elderly and handicapped
city residents for 2003.
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*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
CONTRACT AMENDMENT WITH ACCESS PARATRANSIT FOR DIAL -A -RIDE
SERVICES
RESOLUTION NO. R- 2003 -23, A RESOLUTION authorizing and directing the City
Manager and the City Clerk of the City of Yakima to execute an amendment to the
Dial -A -Ride Contract with Access Paratransit.
*11. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF
AGREEMENT WITH WARD NORTH AMERICA TO PROVIDE WORKERS'
COMPENSATION SERVICES
A. THIRD PARTY ADMINISTRATOR SERVICES
RESOLUTION NO. R- 2003 -24, 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 SERVICE
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RESOLUTION NO. R- 2003 -25, 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
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the administration of the City's workers' compensation claims.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH CAROLLO ENGINEERING FOR WATER TREATMENT
PLANT CAPITAL IMPROVEMENTS
RESOLUTION NO. R- 2003 -26, A RESOLUTION authorizing execution of a
contract with Carollo Engineers, P.C. for preliminary design, design, bidding, and
construction of improvements to the chemical feed system and filter pipe gallery at
the Naches River Water Treatment Plant.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING OPERATION AND
MAINTENANCE AGREEMENT WITH BROADGAUGE DITCH COMPANY
RESOLUTION NO. R- 2003 -27, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a maintenance and operation agreement with the
Broadgauge Ditch Company whereby the City will maintain and operate certain
automated improvements to the Broadgauge Ditch Company irrigation system.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
CONTRACT AMENDMENT WITH STEVEN LIDDICOAT FOR ADDITIONAL
SERVICES RELATED TO THE WINE INFORMATION CENTER PROJECT
RESOLUTION NO. R- 2003 -28, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an addendum to the services agreement
with Steven W. Liddicoat for additional design, project management, and contract
administration services concerning the Yakima Wine Information Center Project.
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*15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT WITH WALDRON AND COMPANY FOR
RECRUITMENT SERVICES FOR THE POLICE CHIEF POSITION
RESOLUTION NO. R- 2003 -29, A RESOLUTION authorizing the City Manager and
the City Clerk to execute a professional services agreement with Waldron and
Company, to provide specialized executive recruitment and consulting services in
connection with the Chief of Police.
*16. SUBMITTAL OF 2002 WELLNESS ANNUAL REPORT AND CONSIDERATION OF
RESOLUTION RATIFYING THE 2003 OPERATING PROGRAM PLAN FOR
WELLNESS
RESOLUTION NO. R- 2003 -30, A RESOLUTION authorizing, approving, and ratifying
the "2003 Operating Program Plan" of the City of Yakima Wellness Committee.
*17. CONSIDERATION OF JOINT CITY /COUNTY RESOLUTION AMENDING THE
YAKIMA AIR TERMINAL GRANT AGREEMENT TO INCLUDE: RUNWAY SAFETY
AREA IMPROVEMENTS AND ACQUIRE HANDICAP PASSENGER LIFT DEVICE
RESOLUTION NO. R- 2003 -31, A JOINT RESOLUTION OF THE CITY OF YAKIMA
AND YAKIMA COUNTY authorizing the acceptance and execution of Amendment
Number 1 to Grant Agreement for project number 3 -53- 0089 -23 between the Federal
Aviation Administration (hereinafter referred to the "FAA "), and the City of Yakima and
Yakima County, (hereinafter referred to as the "Sponsor ").
*18. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING
BEFORE THE HEARING EXAMINER FOR MARCH 13, 2003 TO CONSIDER RIGHT -
OF -WAY VACATION FOR PORTION OF MAPLE STREET FOR KIWANIS PARK
PROJECT
RESOLUTION NO. R- 2003 -32, A RESOLUTION fixing time for public hearing before
the Hearing Examiner on March 13, 2003, on a petition to vacate that portion of Maple
Street lying easterly of S 13 Street and westerly of the freeway and that portion of S
15 Street lying southerly of Maple Street and northerly of Beech Street. All located
within the City of Yakima, Washington.
ORDINANCES
*19. CONSIDERATION OF ORDINANCE UPHOLDING THE HEARING EXAMINER'S
RECOMMENDATION FOR THE RIGHT -OF -WAY VACATION (WITH CERTAIN
CONDITIONS) REQUESTED FOR THE FEDERAL COURTHOUSE AT 25 SOUTH
3 RD STREET
ORDINANCE NO. 2003 -07, AN ORDINANCE vacating, with conditions, a certain
tract of real property located in the vicinity of South 3 Street and East Chestnut
Avenue near the William O. Douglas Federal courthouse located at 25 South 3rd
Street, Yakima, the United States General Services Administration as applicant
herein.
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*20. CONSIDERATION OF ORDINANCE UPHOLDING THE HEARING EXAMINER'S
RECOMMENDATION TO GRANT THE REZONE OF PROPERTY AT 820 NORTH
20 AVENUE REQUESTED BY CHARLES DOLQUIST
ORDINANCE NO. 2003 -08, AN ORDINANCE concerning land use and zoning, and
rezoning the parcel located at 820 North 20 Avenue from Multi - Family Residential
(R -3) to Central Business District Support (CBDS), and amending the Official
Yakima Urban Area Zoning Map to reflect said rezone.
*21. CONSIDERATION OF LEGISLATION REGARDING 2003 AFSCME LABOR
CONTRACT:
A. RESOLUTION AUTHORIZING EXECUTION OF 2003 -04 COLLECTIVE
BARGAINING AGREEMENT
RESOLUTION NO. R- 2003 -33, A RESOLUTION authorizing and directing the City
Manager of Yakima to execute a collective bargaining agreement for calendar years
2003 and 2004 with the Washington State Council of County and City Employees,
Local 1122 of the American Federation of State, County and Municipal Employees,
AFL -CIO.
B. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION
PLAN FOR EMPLOYEES
ORDINANCE NO. 2003 -09, AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to be effective January 1,
2003; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, and 2.20.110 C,
all of the City of Yakima Municipal Code.
*22. SECOND READING OF ORDINANCE AMENDING THE 2003 BUDGET AND
APPROPRIATING FUNDS TO PURCHASE FEMA GRANT FUNDED
FIREFIGHTER SAFETY EQUIPMENT
An ordinance amending the 2003 budget and appropriating funds for the purchase
of FEMA grant funded firefighter safety equipment, previously having been read by
title only, was brought before the Council for a second reading.
ORDINANCE NO. 2003 -10, AN ORDINANCE•amending the 2003 budget for the
City of Yakima; and making appropriations to purchase FEMA Grant funded
Firefighter Safety Equipment from Unappropriated Fund Balances within various
Funds for Expenditure during 2003.
QUASI - JUDICIAL PUBLIC MEETING /HEARING
23. CONTINUED PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE
CITIZENS PARTICIPATION PROCESS FOR ADOPTION OR AMENDMENT
TO THE COMPREHENSIVE PLAN (Staff members were available in the
Council Chambers at 1:00 p.m. to speak with citizens about this process)
Bill Cook, Director of Community and Economic Development, explained there are
two main goals in the proposal; to increase public awareness of what is being
proposed in the community through the comprehensive planning process, and to
increase public awareness of what these changes will mean to their neighborhood.
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Some tools to accomplish these goals are notices to residences within 500 feet,
signage on the property, notices in the newspaper, better use of YPAC, and the
City's website. He emphasized that the final decision on a proposal will be made by
City Council.
Council Member Buchanan lodged a complaint about signs on property with no
information on them. He claimed that once a sign is placed on a property no one
ever checks it again. Mr. Cook advised that the policy is for the applicant to take
responsibility for the sign and removing it. Mr. Maples said that, typically, signs are
removed during construction. We currently don't have the staff to police these
properties to remove signs.
Mayor Place said she is very concerned about the CTED notification and asked if
there was anyway that could occur earlier in the process? Mr. Maples said that,
although it could delay the process up to 30 days, it may only delay it by two weeks.
In the proposed process the notification would be done when the Regional Planning
Council has the opportunity to set the agenda. Mayor Place also suggested that the
airport overlay and the Greenway overlay should be added to the list of interested
parties for notification.
Doug Maples emphasized two specific items in the compiled list of comments;
• Item #52 eliminates the reference to the Joint Board at this point in the
process. This will require an amendment to the Four Party Agreement.
• Item 63, requesting two -week advance notice and receipt of a complete land
use application packet would extend the process approximately 30 days.
• Mayor Place opened the public hearing.
Wilma Koski, 6403 Terry Avenue, commented that this subject has not been
available on the City's website. She also advised that the table of permitted land
uses under Yakima Urban Zoning Ordinance has not been available although it had
been at one time. Mrs. Koski asked for clarification on why some of the items were
being changed and had them explained by staff in detail. She referred to Item #54
requesting attached maps to show current and proposed uses. She submitted a
map she had prepared as an example.
Rick Harpel, 806 South 69 Avenue, referred to the document submitted to call the
public hearing and read a sentence out of it that said, "The ordinance before you
today for public hearing is not limited to the Congdon comp plan amendment but
would set standards for all future applications ". Based on that language he asked if
this ordinance has anything at all to do with the Congdon comprehensive plan
amendment or does it simply deal with the problems that were raised at that point to
be corrected in the future. Ken Harper, counsel for the City, reiterated the question
to be, does this have a retroactive effect on the Congdon matter. He pointed out
that he doesn't represent the city on the Congdon matter but it is his understanding
that this has nothing to do with the Congdon situation. Mr. Harpel then expressed
that it should say "The ordinance before you today has nothing to do with the
Congdon comprehensive plan amendment but would set standards for the future."
He asked if this was the complete response of Council and staff to the Eastern
Washington Growth Hearing Board's ruling to which Mayor Place responded that it is
only one section of what we are looking at.
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Ron Anderson, Central Washington Home Builders, 3301 West Nob Hill
Boulevard, said he believes the proposed changes generally represent greater
clarity and openness; while having the potential of lengthening the timeframe as
they appear to be very comprehensive. He submitted aTmemo containing specific
comments. Mr. Harper addressed a number of Mr. Anderson's comments, and
explained the process timing in detail. He also addressed comments Mr. Anderson
made regarding criteria for a comprehensive plan amendment, listing a number of
different scenarios.
Mr. Maples gave the City Clerk a document for the record submitted by Bill Almon
addressing ten different items.
Mike Shinn, 311 /North 4 th Street, said he liked the idea of an annual opportunity for
citizens to amend the comprehensive plan and suggested a savings clause be
added to this legislation to protect applications this year from running afoul of the
time lines.
Council discussed whether information received today was new and needed to be
further reviewed. Mayor Place suggested closing the public hearing and keeping the
written comment period open until Friday, February 21st. Staff could then make
corrections to the original draft and bring back an ordinance at a future council
meeting. That would then be a public meeting. PUCCINELLI MOVED AND
BUCHANAN SECONDED TO CLOSE THE PUBLIC HEARING. The motion carried
by unanimous voice vote. Staff advised that they would be ready for a public
meeting at the March 18, 2003 meeting.
24. PUBLIC MEETING TO CONSIDER THE FINAL PLAT KNOWN AS
CREEKVIEW, LOCATED IN THE VICINITY OF THE 1400 BLOCK OF
SOUTH 80 AVENUE, REQUESTED BY HAM PROPERTIES, LLC.
Council Member George recused himself because of a family involvement.
Bruce Benson, Senior Planner, explained there was a preliminary approval of a
plat in June 2002. Over the last eight months all infrastructure has been built
with the only remaining thing to be done is street lights and we have financial
security for them.
No one came forward to speak to the issue. The City Clerk read the resolution
by title only; BUCHANAN MOVED AND SIMS SECONDED TO PASS THE
ORDINANCE. The motion carried by 5 -0 voice vote; Puccinelli temporarily
absent and George recused.
RESOLUTION NO. R- 2003 -34, A RESOLUTION approving the final plat of
Creekview, a 38 -lot subdivision located on the east side of S 80 Avenue at
Plath Avenue, and authorizing the Mayor to sign the final plat of Creekview,
Ham Properties, LLC as applicant herein.
25. OTHER BUSINESS
Mayor Place advised we had received two resignations from Boards and
Commissions; one from the Capital Facilities Improvements Committee and the other
from the Housing Authority Board. We will be looking for replacements.
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26. ADJOURNMENT
BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO 6:30 P.M. AT THE
YAKIMA VALLEY MUSEUM (STAFF WILL BE AVAILABLE AT 5:30 P.M.) THEN TO 7:30
A.M. ON MARCH 4, 2003 FOR STUDY SESSION ON THE RAILROAD GRADE
SEPARATION STUDY. The motion carried by unanimous voice vote.
The meeting adjourned at 3:50 p.m.
READ AND CERTIFIED ACCURATE BY: r . _ _ //' 2 / /
, OU CIL MErBE' BA •
COUNCIL MEMBER LATE
ATTEST:
CITY CLERK d 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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