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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 297 FEBRUARY 18, 2003 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. 2 298 FEBRUARY 18, 2003 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 • 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. 3 F ARY 2 9 9 EBRU 18, 2003 *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 • 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 • 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. 4 300 FEBRUARY 18, 2003 *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. 5 301 FEBRUARY 18, 2003 *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. 6 302 FEBRUARY 18, 2003 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. 7 303 FEBRUARY 18, 2003 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. 8 304 FEBRUARY 18, 2003 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 1 9