HomeMy WebLinkAbout03/18/2003 Business Meeting 323
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
MARCH 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, Assistant City Attorney Paul McMurray, and City
Clerk Roberts
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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 (IF APPLICABLE)
None
B. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE (IF APPLICABLE)
None
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. 8 was added, and Items Nos. 12, 17, 18C, 19, 20, and the minutes of the
December 9, 2002 Adjourned meeting and the February 18, 2003 Adjourned meeting
regarding irrigation options were 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 DECEMBER 9 AND 10, 2002 ADJOURNED
MEETINGS, FEBRUARY 18, 2003 ADJOURNED MEETINGS (EXECUTIVE
SESSION AND ), AND MARCH 4, 2003 BUSINESS MEETING
The minutes of the December 9, 2002 Adjourned meeting and the February 18, 2003
Adjourned meeting regarding irrigation options were removed from the Consent
Agenda. The minutes of the December 10, 2002 Adjourned meetings, February 18,
2003 Executive Session, and March 4, 2003 Business meeting were approved,
having been duly certified accurate by two Council members and no one present
wishing to have said minutes read publicly. The minutes of the December 9, 2002
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Adjourned meeting were adopted as amended to reflect the absence of Council
Member Mattson. MATTSON MOVED AND PUCCINELLI SECONDED TO
APPROVE THE DECEMBER 9, 2002 ADJOURNED MEETING MINUTES AFTER
AMENDING THEM TO REFLECT COUNCIL MEMBER MATTSON'S ABSENCE.
The motion carried by unanimous roll call vote. Council Member Buchanan asked
that the February 18, 2003 minutes regarding irrigation options come back to Council
after further review and amendments.
5. AUDIENCE PARTICIPATION
Carole Sahlstrand, 710 Hwy 821 #90, representing the Yakima Valley Peace
Advocates Network, proposed a resolution to the Council stating that the City
Council for the City of Yakima opposes the pre - emptive U.S. invasion of Iraq.
The Council took no action to adopt the resolution.
Basil Shirley, 2802 Bracket Avenue, spoke against the suggested resolution
opposing the invasion of Iraq. As a retired Master Sergeant for the U.S. Air
Force, he claimed that every time we speak out against the war we add to the
propaganda machine that is being used against the young men and women in
the military. He suggested the Council deal with city business and let the
President deal with national business.
Tony Landreau, 1103 South 32 Avenue, a retired professor, spoke in protest
of the war.
CITY MANAGER'S REPORTS
6. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDED
CONCESSION LICENSE AGREEMENT WITH THE YAKIMA' FARMERS' MARKET
(CONTINUED FROM 3/4/03)
Bill Cook, Director of Community and Economic Development, advised that as a result
of the discussion at the last meeting, they went back to the Yakima Downtown
Association and received a unanimous approval of both the Sunday schedule and the
plan for Thursday evening markets. The Farmers' Market will operate on Sundays,
May through October, and on Saturday, December 13 for a special Holiday Market.
They will also operate on Thursday afternoons from 3 p.m. to 7 p.m. during August
and September. Council Member Barnett noted that the resolution does not reflect the
Thursday operating schedule nor does the license agreement. Mr. Cook agreed that
those documents should include the wording in the months of August and September.
Council Member Puccinelli expressed concern about parked cars that may be in place
when the market vendors go to set up their booths on Thursday afternoons. Amy
McGuire, 1412 South 26 Avenue, explained that for the Thursday markets only the
corner of the Capitol Theatre up through Yakima Avenue is blocked off. If there were
a car parked there, they would allow space for them to leave. Last year it wasn't an
issue. Mr. Cook advised that the reason they were asking for a multi -year contract is
for the ability to renew it at the end of the year, if wanted. If it is to be limited to a one -
year contract, it will require revision. Assistant City Attorney, Paul McMurray, clarified
that it is a four -year agreement, but there is a very strong termination agreement in the
contract favoring the City. Jenni Rosal, proprietor of a business at 210 East Yakima
Avenue, voiced her support of the Thursday market as it brings more foot traffic into
her business. The City Clerk read the resolution by title only; BUCHANAN MOVED
AND SIMS SECONDED TO ADOPT THE RESOLUTION. BUCHANAN MOVED AND
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SIMS SECONDED TO AMEND THE RESOLUTION TO INCLUDE THE MONTHS OF
AUGUST AND SEPTEMBER FOR THE THURSDAY AFTERNOON MARKET IN THE
AGREEMENT AND THE RESOLUTION. The motion to amend carried by 5 -2 voice
vote; Barnett and Puccinelli voting nay. Council Member Puccinelli stated that his nay
vote was due to his impression that a couple businesses in the area may be negatively
affected by the parking problem caused by the afternoon market schedule. Jerry
Maggard, 107 South 7th Avenue, said he was concerned about parking for the
businesses that are open in the area. PUCCINELLI MOVED AND BARNETT
SECONDED TO AMEND THE CONTRACT TO A ONE -YEAR TERM. The motion
failed by a 2 -5 voice vote; Buchanan, George, Mattson, Place and Sims voting nay.
The question was called for a vote on the amended motion. The motion carried
by a 5 -2 roll call vote; Barnett and Puccinelli voting nay.
RESOLUTION NO. R- 2003 -40, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an exclusive concession license agreement
with Yakima Farmers' Market, a non- profit corporation, to facilitate continued operation
of a farmers' market at certain times within the City of Yakima.
7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT WITH YAKIMA COUNTY FOR PREPARATION OF A
SOLID WASTE MANAGEMENT PLAN
Chris Waarvick, Director of Public Works, opened the discussion noting that the City
has worked with the County as the lead agency in this matter for over ten years.
Following are the items discussed:
• There is only one landfill in the County and it is almost full.
• The County needs funds to expand or open another landfill.
• The proposed 20 -year contract is very limited for withdrawal /termination.
• The current contract expired in August 2001.
• The County needs commitment in order to fund and obtain financing for a long-
term capital facility.
• The draft solid waste plan has completed the review process with the
Department of Ecology and the Washington Utilities and Transportation
Commission.
• Council is interested in an assign - ability clause in case they opt to go with a
private hauler at some future date.
Don Gatchalian, Assistant Director of Public Works, and Wendy Mifflin, County Solid
Waste Manager, were present to support the approval of the agreement and to
respond to any questions. SIMS MOVED AND BUCHANAN SECONDED TO
REMAND THIS ISSUE BACK FOR A COUNCIL STUDY SESSION. Council Member.
Mattson emphasized the need to find common ground with the County in light of their
need to plan long -term revenue and the City's need for some level of flexibility. The
motion carried by unanimous voice vote.
*8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A
CONTRACT WITH SHOCKEY BRENT, INC. FOR ENVIRONMENTAL REVIEW
SERVICES
RESOLUTION NO. R- 2003 -41, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a professional services contract with Shockey Brent, Inc. for
the purpose of obtaining environmental review services.
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*9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SECTION
108 LOAN AGREEMENT AND PROMISSORY NOTE WITH TRAIL WAGONS, INC.
RESOLUTION NO. R- 2003 -42, A RESOLUTION to approve the loan application and
enter into a loan with Trail Wagons, Inc. to loan up to $3,000,000 from the Yakima
Commercial Development Loan Fund.
*10. CONSIDERATION OF RESOLUTION APPROVING AN APPLICATION FOR A
SECTION 108 LOAN FOR YAKIMA CELLARS WINERY, AND AMENDING THE
MAXIMUM FEES IN THE YAKIMA COMMERCIAL DEVELOPMENT LOAN FUND
PROGRAM
RESOLUTION NO. R- 2003 -44, A RESOLUTION 1) authorizing the City Manager to
submit an application for a $110,000 Section 108 Loan for the Yakima Cellars Winery
to the U.S. Department of Housing and Urban Development (HUD) and 2) amend the
Yakima Commercial Development Loan Fund program to establish maximum fees to
the borrower of 2% or total actual fees as determined solely by the City using its best
efforts, whichever is Tess. All fees in excess of the above shall be paid by the City out
of the EDI grant.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH YAKIMA COUNTY SUBSTANCE ABUSE COALITION TO
PROVIDE AFTER- SCHOOL PROGRAMS FOR YOUTH -AT -RISK
RESOLUTION NO. R- 2003 -44, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a "2003 Agreement Between the City of Yakima and the
Yakima County Substance Abuse Coalition, Inc." to provide supervised after school
recreational activities /programs for youth at risk.
12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH YAKIMA COUNTY FOR CONSTRUCTION OF SEWER MAIN
ALONG A PORTION OF TIETON DRIVE
Kay Adams, City Engineer, advised that the County has received grant funding for a
road project on Tieton Drive from 72 Avenue to 96 Avenue. This agreement will
allow the city to take advantage of the road being dug up to construct a sewer main.
There is funding available, the project is on the City's Capital Improvement Plan, and
is also in the Comprehensive Plan. This project would include putting side sewers out
to each of the parcels to eliminate the need of digging up the street again. Discussion
began on the outside utility agreement annexation issue and questions as to why we
would consider extending the sewer line when we may not be able to annex the area
into the city. The discussion went back and forth between the logic of putting the
sewers in when building the streets versus the political aspects of the outstanding
annexation issue. The decision cannot be postponed if the City is to take advantage
of the road building opportunity. It was explained that there is a connection now on
the corner of 96 Avenue and Tieton Drive for the Sierra Estates subdivision. Since
there was no sewer line available to them at the time of the development, they were
required to build a lift station that pumps out to Summitview and then further down. By
extending the main sewer line we will be able to remove that lift station from our
system. This will save the city money. Council Member Buchanan expressed
concerns regarding potential charges from the County based on past experiences.
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Council Member Mattson pointed out that opportunities like this are very rare when we
have a major road expansion going on and an opportunity to get utilities in at the same
time. After much discussion about who ends up paying for this in the long run, Mr.
Adams explained how we recoup our money over a period of time. In answer to
Council Member Sims' question on why did we commit to supporting something
outside the city limits, Mr. Cook explained there are existing commitments that were
made before the Supreme Court decision came down. City Manager Zais explained
the budget condition for this project. There was a limited amount of money set aside
in this year's budget for certain sewer extension or improvements. This project fit
within that budget allocation and, in our view, is tied with the preexisting condition. The
$50,000 required to go the extra stretch outside the City of Yakima is a fairly modest
investment for an area that we fully intend to annex. 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- 2003 -45, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an agreement with Yakima County, for the
construction of a Sewer Extension Project for the City of Yakima.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING A DRAW ON THE CITY'S
LINE OF CREDIT FOR CHESTERLEY PARK IMPROVEMENTS
RESOLUTION NO. R- 2003 -46, A RESOLUTION of the Yakima City Council
authorizing a draw on the City's line of credit to finance a parking lot at Chesterley
Park.
*14. APPROVAL OF RIGHT -OF -WAY USE PERMIT TO INSTALL A SIGN AT 912
TERRACE HEIGHTS WAY, REQUESTED BY JAKE MACIAS, CUSTOM AUTO
WINDOW TINTING
The Right -of -Way Use Permit requested by Jake E. Macias, owner of Custom Auto
Window Tinting, to install a sign at 912 Terrace Heights Way was approved.
*15. SET DATE OF CLOSED RECORD PUBLIC HEARINGS FOR APRIL 1, 2003 TO
CONSIDER THE HEARING EXAMINER'S RECOMMENDATION CONCERNING:
A. REZONE OF PROPERTY LOCATED AT 422 SOUTH 56TH AVENUE, 5607
TIETON DRIVE, AND 5703 TIETON DRIVE REQUESTED BY RICHARD
JOHNSON
April 1, 2003 was set as the date for a closed record public hearing to consider the
Hearing Examiner's recommendation to approve a rezone of properties at 422 S. 56
Avenue, 5607 Tieton Drive, and 5703 Tieton Drive from R -2 to B -2 requested by
Richard,Johnson.
B. REZONE OF PROPERTY LOCATED IN THE VICINITY OF 4202 ENGLEWOOD
AVENUE REQUESTED BY RICHARD KOHAGEN
April 1, 2003 was set as the date for a closed record public hearing to consider the
Hearing Examiner's recommendation to approve a rezone of property in the vicinity of
4202 Englewood Avenue from R -1 to R -2 requested by Richard Kohagen.
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*16. SET DATE OF PUBLIC HEARING FOR APRIL 1, 2003 TO AMEND THE CITY'S
CDBG CONSOLIDATED PLAN TO REQUEST HUD INCREASE THE ALLOCATION
OF SECTION 108 LOAN FUNDS
April 1, 2003 was set as the date of public hearing to amend the City's Community
Development Block Grant Consolidated Plan to request that the U.S. Department of
Housing and Urban Development increase the amount of Section 108 loan funds
currently allocated to the Commercial Development Loan Fund by $2 million.
17. APPROVAL OF REPORTS FROM THE FINANCE DEPARTMENT:
A. FOURTH QUARTER 2002 ACCOUNTS RECEIVABLES REPORT
Council Member Buchanan pointed out that the delinquencies were heaviest in
gambling and fire alarm monitoring. He feels that in the area of fire alarm monitoring
we are competing with the private sector and are having problems making collections.
It is his opinion that this is something that should be left to private industry. He then
addressed the gambling delinquencies saying they should be pursued more quickly.
Cindy Epperson, Financial Services Manager, explained that all the Category C
delinquent accounts have been contacted and payment arrangements have been
made.
B. FOURTH QUARTER 2002 TREASURY REPORT
BUCHANAN MOVED AND SIMS SECONDED TO APPROVE THE TWO REPORTS.
The motion carried by unanimous voice vote.
ORDINANCES
*18. CONSIDERATION OF LEGISLATION REGARDING COLLECTIVE BARGAINING
*A. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH FIRE PERS
AND 9 -1 -1 CALLTAKERS AND PUBLIC SAFETY DISPATCHERS AND LEAD
DISPATCHERS
RESOLUTION NO. R- 2003 -47, A RESOLUTION authorizing and directing the City
Manager of Yakima to execute amended collective bargaining agreements for
calendar years 2001, 2002, and 2003 with the International Association of Firefighters
(Fire PERS and Public Safety Dispatchers and Lead Dispatchers), AFL -CIO.
*B. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION
PLAN RELATING TO COLLECTIVE BARGAINING SETTLEMENTS (FIRE PERS
AND 9 -1 -1 CALLTAKERS AND PUBLIC SAFETY DISPATCHERS AND LEAD
DISPATCHERS)
ORDINANCE NO. 2003-48, AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to be effective January 1, 2003;
amending Subsections 2.20.110 A and 2.20.110 F, all of the City of Yakima Municipal
Code.
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C. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION
PLAN FOR THE POLICE CHIEF POSITION
Council Member Sims commented that it appears that pay is being presented as an
incentive to people to become the City's police chief. He claimed that every time we
raise an individual's rate it causes a morale issue with everyone else that hasn't been
raised when in fact they have a track record of performance compared to somebody
new who does not and will not for two years. He doesn't agree on raising the rate
when there were sixty -two applicants last time. Council Member Buchanan responded
that Attachment A tells the story since many of the cities on the list are lower in
population but higher in pay. City Manager Zais said we are significantly behind the
marketplace, more than 13 %, on the 2002 salary level within the state of Washington.
We are looking at a much more extensive search for applicants, beyond the state of
Washington. The consultants have encouraged a modest raise to get close to a six -
figure level because that's what they see in the pool of candidates that they have
contacted. If we are not in a competitive position are at a disadvantage. This is
only a 5% increase when we're 13% below the average today. Also to be considered
is that the person hired will not earn longevity within the first five years. The City Clerk
read the ordinance by title only; BUCHANAN MOVED AND GEORGE SECONDED
TO PASS THE ORDINANCE. The motion carried by 6 -1 roll call vote; Sims voting
nay.
ORDINANCE NO. 2003-14 AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to. be effective April 20, 2003;
amending Subsections 2.20.100 A, 2.20.100 B, 2.20.110 A, and 2.20.110 B, all of the
City of Yakima Municipal Code.
19. CONSIDERATION OF LEGISLATION AMENDING THE MUNICIPAL CODE RE:
• UNLAWFUL ACTIVITIES AT THE TRANSIT CENTER:
A. ORDINANCE PROVIDING FOR THE TRESPASSING OF PERSONS GUILTY
OF UNLAWFUL BUS CONDUCT
B. ORDINANCE CLOSING THE TRANSIT CENTER TO PUBLIC USE AFTER
TRANSIT SERVICES CEASE
Robert Owen, Yakima, expressed concern about what constitutes unlawful conduct.
He feels this is a code of conduct for passengers but doesn't address conduct
problems of drivers. He recommended more specifics be provided on the definition of
behavior problems. He also said the decision to close the transit center after 7:00
p.m. shows there are no plans for evening bus service although the citizens have been
asking for it, and for Sunday bus service. He understands the need to address gang
related issues and loitering but sees potential for this control going too far.
Jeff West, Senior Assistant City Attorney, explained that the intent is to deal with an
ongoing vandalism problem at the transit center that has been occurring in the
evenings. There is currently no bus service offered in the city between 7:00 p.m. and
6:00 a.m. The transit center is not being used for its intended purpose during those
hours. The proposed ordinance would, once it is posted with proper signing telling
people that it is not open during those hours, allow a police officer to contact persons
who are found in the transit center after those hours and inquire what they are doing in
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that location. The officers would then have the discretion to charge them with a
criminal violation simply for being in the transit center during those hours. Should the
city ever elect to provide evening bus service, this ordinance could easily be amended
to accomplish that goal.
Council Member Barnett expressed concern for homeless people who happen to be
wandering and sit down on that bench to rest asking if under this ordinance they would
be committing a misdemeanor. He was advised that was correct but there are other
locations nearby for seating. Mr. West explained that the City already has a park
curfew for the same reasons after which this ordinance was modeled.
Mr. West explained that the second ordinance is intended to address the problem of
gang and drug related activities occurring at the transit center in the afternoon hours
after the high schools let out. A lot of young people are congregating at the transit
center using it for a purposes it is not intended for, harassing the patrons, making the
patrons of the transit center uncomfortable while using the facility for its intended
purpose. The unlawful bus conduct, and in particular subsection G, has been on the
books for many years. The only change that is proposed is to strike out subsection H,
because it is in conflict with another city ordinance, and to add subsection 3 which
allows a police officer to ask people to disperse if they are blocking the transit facility.
The City Clerk read ordinance A by title only; SIMS MOVED AND BUCHANAN
SECONDED TO ADOPT ORDINANCE "A ". The ordinance passed by unanimous roll
call vote. •
ORDINANCE NO. 2003 -15, AN ORDINANCE relating to public safety and morals;
providing for the trespassing of persons guilty of unlawful bus conduct, providing that a
police officer may order persons off the Yakima Transit Center who interfere with the
use of the transit center, and; amending Section 6.45.025 of the City of Yakima
Municipal Code.
The City Clerk read the ordinance B by title only, BUCHANAN MOVED AND SIMS
SECONDED TO PASS ORDINANCE "B ". Council Member Puccinelli asked about
special circumstances that would use the transit center during the evening hours.
Chris Waarvick, Director of Public Works, said that, although there aren't any regular
activities, special dispensation could be allowed in any instance that arose. Council
Member Barnett moved to table the subject but received no second. Council Member
. Puccinelli moved to defer the subject but received no second. The question was
called for a vote on the motion. The motion carried by a 5 -2 roll call vote, Puccinelli
and Barnett voting nay. Mr. Waarvick advised that the ordinance provides the Transit
Manager the authority to provide permission for the transit center to be used for other
functions during the closed hours.
ORDINANCE NO. 2003 -18, AN ORDINANCE relating to public services and utilities;
closing the transit center to public use during certain hours and; enacting as a new
section, Section 7.80.010 of the City of Yakima Municipal Code.
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20. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE
ESTABLISHING REGULATIONS PROHIBITING BODY PIERCING OF MINORS
UNDER AGE OF 18 WITHOUT CONSENT OF PARENTS
Jennifer Rosal with Jim and Jenni's Quality Tatoo and Body Piercing at 210
East Yakima Avenue, spoke in support of the proposed ordinance although
she would like to see it go further. She will not pierce anyone in her shop
under age 15 and minors under 18 must have their parents present. She
would like to see a restriction on how young minors can be pierced, even with
their parent's consent. She said there should also be restrictions on what type
of establishments can do body piercings. Mayor Place advised that the
Council doesn't disagree with her but state law is very specific and it will
require effort to get the state law changed. Senior Assistant Attorney West
pointed out that the ordinance requires that the shop make reasonable attempt
to ascertain the identify of the parent and ascertain the legitimacy of such a
note. The City Clerk read the ordinance by title only; BUCHANAN MOVED
AND SIMS SECONDED TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote.
ORDINANCE NO. 2003 -17, AN ORDINANCE relating to licenses and business
regulations; prohibiting body piercing on the person of minors under the age of
eighteen without specific consent of the minor's parent or guardian; and amending
Sections 5.76.010 and 5.76.025 of the City of Yakima Municipal Code.
*21. SECOND READING OF ORDINANCE AMENDING THE 2003 BUDGET AND
APPROPRIATING FUNDS FOR 2002 ENCUMBRANCES
An Ordinance amending the 2003 budget and appropriating funds for 2002 year-
end encumbrances, previously having been read by title only, was brought before
the Council for a second reading.
ORDINANCE NO. 2003-18, AN ORDINANCE amending the 2003 budget for the
City of Yakima; and making appropriations for 2002 Year -End Encumbrances from
Unappropriated Fund Balances within various Funds for expenditure during 2003.
PUBLIC MEETING
22. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE TO
CREATE A NEW SECTION 16.10 RELATING TO PROCEDURES FOR THE CITY
COMPREHENSIVE PLAN AMENDMENT CITIZEN PARTICIPATION PROCESS
After a short break the Council reconvened at 4:13 p.m.
The City Clerk read the ordinance by title only, SIMS MOVED AND BUCHANAN
SECOND TO PASS THE ORDINANCE. Council Member Barnett proposed two
changes; 1) to provide for annual review in the comprehensive plan, and 2) that we
would follow the normal notice requirements that are listed elsewhere in the
comprehensive plan. Mayor Place asked if there are no comprehensive plan
amendments that come forward does the proposed change mean that the annual
review would be opened and then just closed again? Ken Harper, legal counsel for
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the City answered yes. There's no mandated state law on this provision other than the
requirement to have a comprehensive plan process and engage that process at least
once every five years and no more frequently than once a year. The changes
Councilman Barnett proposed at 16.10.030 and .060 only require that the process
occurs annually. The proposed change at 16.10.100 clarifies that there will be a
comprehensive planning process this year and does not change any of the notice
obligations of the City during the processing of those applications. PUCCINELLI
MOVED AND BARNETT SECONDED TO AMEND THE ORDINANCE TO ADD THE
PROPOSED CHANGES. The motion carried by unanimous voice vote. Council
Member Mattson said he wanted it clear that, although it may seem like we are
barging ahead on this item, we have a process this year that needs to start and close.
We are directed to do so by the Growth Management Hearings Board. We have
taken time out to address some of the deficiencies the Board identified. We can
amend the process itself every year. Mr. Harper explained that the intent behind
16.10 was to simply codify existing practices and, where existing practices were
somewhat ambiguous, to clarify them. The proposed 16.10 only affects the Yakima
Urban Area Comprehensive Plan and there is no obligation to send it to the County.
Mr. Harper said that with regard to Wilma Koski's written comment the idea of
salvaging the 2003 process does not impose any reduction on public participation
regarding the proposed plan amendment. The commenting public will have the full
range of commenting options, the full range of notice etc. that this provides. Mayor
Place said the City has received several phone calls from people who wish to bring
forth comprehensive plan amendments that missed the last timeframe. They will be
sent notices as soon as this ordinance is adopted. It was also noted that the City's
website does have a place where people can see what possibly could be affecting
them with regard to issues with the Urban Area Comprehensive Plan. Lynne
Kittelson, 305 North 9 th Street asked if these changes are for land use only and how
much do they cost. Mr. Maples said, yes, it is land use only and a Comprehensive
Plan amendment fee is $500. The question was called on the amended motion.
The motion carried by unanimous roll call vote.
ORDINANCE NO. 2003 -19, AN ORDINANCE concerning land use regulations and
comprehensive planning, and amending the Yakima Municipal Code to establish a
new chapter, Chapter 16.10, to provide procedures for amending the Yakima Urban
Area Comprehensive Plan.
23. OTHER BUSINESS
City Manager Zais noted that the City will be presenting its case on the appeal and
reconsideration of the annexation matter March 25 in Thurston County at the
Supreme Court.
Mayor Placed advised that the security level went from yellow to orange last evening
during the President's speech. She asked the Council members if they want to be
notified when this happens in the future. They all agreed they should be notified when
the alert changes from orange to red, but not when it is reduced. City Manager Zais
then reviewed the existing emergency operations services. Revised Emergency
Management booklets that have an outline of what the elected officials are responsible
for will be distributed soon. It was noted that clarification on the various security levels
are explained at homelandsecurities.gov, or ready.gov or the Red Cross website.
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• Information Items
Items of information provided to Council were: 3/6/03 Memo from Dave Brown re: US
Bureau of Reclamation Yakima Project Total Water Supply Available; 3/10/03 Press
Release from the U.S. Bureau of Reclamation re: March 2003 forecast of water supply;
3/4/03 Washington State Department of Ecology Site Register; and Planning Assignments
ll Pending as of the Week of March 18, 2003
24. ADJOURNMENT
BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN UNTIL APRIL 1, 2003
FOR A STUDY SESSION AT 7:30 A.M. IN THE COUNCIL CHAMBERS. The motion
carried by unanimous voice vote.
c r //
READ AND CERTIFIED ACCURATE BY: / , ( 1 ,Fv�� . C -7 K4/-?
r NCIL MEMBER ATE
_d_L�/ fi%C %' /-,..9./,--, .
• COUNCIL MEMB R DATE
ATTEST:
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CITY CLERK • 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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