HomeMy WebLinkAbout04/15/2003 Business Meeting 349
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
APRIL 15, 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 George.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER/SPECIAL
PRESENTATION
A. PROCLAMATIONS
• CINCO DE MAYO WEEK
Mayor Place read a proclamation declaring May 1 -5, 2003 as Cinco de Mayo
week. There will be a Cinco de Mayo celebration at the Millennium Plaza on
Sunday, May 4 Velma Perez, President of the Hispanic Chamber, accepted
the proclamation.
• COMMUNITY DEVELOPMENT BLOCK GRANT WEEK
Mayor Place read a proclamation declaring the week of April 21 -27, 2003 as
Community Development Block Grant week. A video showing the important
role these services provide to the community was shown. Bill Cobabe, Office
of Neighborhood Development Services Manager, accepted the proclamation
and described some of the services they provide.
B. SPECIAL RECOGNITION: AWC WELL CITY AWARD
Tammy Regimbal and Linda Watkins, Co- Chairs for the City's Wellness
Committee, accepted the awards and gave a brief overview of the type of
activities the committee promotes.
C. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE
• REPORT FROM POLICE DEPARTMENT RE: ALLEGED ASSAULT
Chief Willson explained that at the last Council meeting a citizen complained of
excessive force by members of the police department during an arrest. Mrs.
Cabrera failed to show up to three separate appointments to discuss these
allegations. In spite of that, an investigation into this situation was launched and
is ongoing. As a result of the investigation, he could not comment further on it at
this time.
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• REPORT FROM ASSISTANT CITY MANAGER RE: LANDSCAPING ON PARKING
LOT AT 9TH STREET AND "A" STREET
Glenn Rice, Assistant City Manager, advised that Wardell Architect's land-
scaping plan for these parking lots far exceeds the minimum 5% lot coverage
required. The plan for the east lot is 26 %, and the west lot will be 23 %.
Council Member Mattson complimented Shelley Willson and Joan Davenport
from Traffic Engineering, as well as the GIS Department, on the Vehicle Collision
Report stating that the maps supplied convey a lot of information very simply.
Police Captain Jeff Schneider showed a sample video from the test video system
being installed on the police cars. He explained how the system worked and that
the images are being recorded on a mainframe computer at the Police
Department, therefore, the officers don't have to deal with CDs or tapes.
4. CONSENT AGENDA
Mayor Place referred to the items placed the Consent Agenda, questioning
whether there were any additions or deletions from either Council members or
citizens present. Items Nos. 9, 15, and 16 were removed and Item No. 6 was
added. 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 MARCH 18, 2003 BUSINESS MEETING
The minutes of the March 18, 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.
5. AUDIENCE PARTICIPATION
Lynne Kittelson, 305 North 9th Street, responded to the report from the Assistant City
Manager regarding landscaping on the parking lots at 9 and "A" Streets. She said
she was more concerned with trees and shade and that wasn't addressed. She
referred to California's requirement that parking Tots be landscaped for 50% shade
coverage fifteen years after -the development. After reviewing this plan she predicts
less than 10% shade coverage. She stated her desire to have the requirements
higher for landscaping and shade trees.
CITY MANAGER'S REPORTS
*6. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SOLID
WASTE INTERLOCAL AGREEMENT WITH YAKIMA COUNTY (BROUGHT
FORWARD FROM STUDY SESSION)
RESOLUTION NO. R- 2003 -54, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a "Solid Waste Interlocal Agreement" with Yakima County
for the purpose of designating Yakima County to prepare a Solid Waste Management
Plan on behalf of the City of Yakima.
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7. CONSIDERATION OF ADDITIONAL OPTIONS FOR IRRIGATION SYSTEM
IMPROVEMENTS
❖ City Manager Gives Overview
•
City Manager Zais explained that as a follow up from the public meetings on the
irrigation system improvements, staff has taken time to reanalyze the choice of
whether to rebuild the irrigation system or convert it to the potable water system. He
referred to the philosophical question of reliance on a surface water system versus
increased utilization of ground water with construction of additional wells. The
additional wells would forego the need to build a water treatment plant for a period of
time. He pointed out the comprehensive financial analysis included in the material and
specifically a table that summarizes the cost of each alternative. Although the
alternatives haven't changed, how they are financed and packaged has. There is
more reliance placed on the issuance of a 30 -year term revenue bond that also utilizes
the debt coverage to apply toward rebuilding the irrigation system over a period of
time. The new numbers also utilize Community Development Block Grant funds if
Council chooses. What must be kept in mind is that all of these charges are over and
above what existing ratepayers now pay for the irrigation utility. It is also important to
note that the City has a fairly significant responsibility to satisfy the Aquavella
settlement terms to either convert or rebuild the system to eliminate the waste and
Toss of water experienced today through the current system.
In the cost analysis, the cost to ratepayers for the rebuild option of both systems
combined averages approximately $11.95 every two months, or $71.70 annually. In
the case of the alternative to convert the system to domestic water, the price is
approximately the same as originally presented but it is developed in a way to show
the utilization of the Block Grant Funds as a portion of the cost offsetting the expense
of the conversion. It is expected to cost approximately $7.46 every two months or
$44.76 annually plus the ongoing cost of rebuilding the non -308 system. In the
conversion option, the ratepayers of general utilities, 19,000 customers including the
non -308 members, would pay for the conversion of the non -308 and the rebuild of the
308 through the conversion. In the case of a rebuild -only choice, this price is
significantly Tess than what was estimated a few months ago as a result of creative
financing. It was originally priced at approximately $33 every two months and this is
just under $12 for the rebuild option.
Surface versus Ground Water.
Dave Brown, Water and Irrigation Engineer, made the following major points:
• There are a variety of water rights that can be used.
• If we build a water treatment plant at Nelson and convert the 308 we meet the
immediate needs of the converted irrigation system.
• What about future expanded water use, where would it come from?
• If we rebuild all the irrigation systems, the Nelson water right would continue to
serve the irrigation needs as it does today, but where would water come from to
meet future demand for the domestic water system? He then discussed the
potential alternatives.
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• Advantages of groundwater:
➢ Already treated versus surface water needing treatment. The ground
becomes a treated water storage reservoir to help meet future storage
demands.
➢ Eliminates the need to put in additional storage.
➢ The Nelson water right would only be available April 1 to October 15. If we
were to change that water right to make it usable longer, we would get less
water over a longer period of time. The Raney well, or ground water rights,
are year -round water rights.
❖ Aquifer Storage and Recovery (ASR)
ASR is taking water from a water right, treating it, and putting it into our distribution
system. Instead of pumping out of a well we would put it in a well, store it
underground, and pump it out for use at a later time. The ASR process is one of the
Governor's top priorities and has been proven to work worldwide. They also
discussed the risks of using surface water, such as the backup capability of our water
system. The ASR wells and the additional Elks Park well would offer back up and
avoid having to do hard core water rationing.
❖ ' Citizen's Comments
Dick LaFrambois, 228 Westover Drive, complained about the terrible condition of the
water ditch along H Street because of which, it cannot supply water at more than 30%
capacity. He was advised that the H Street ditch is not part of the City's water delivery
system but part of the old Union Canal. The City has discussed the potential of having
a DOC crew clean the ditch and not argue about who owns it. Even if that is done,
though, it won't make any difference for the City's irrigation supply as it is not part of
our system. Council Member Sims explained the jurisdiction issues with water rights.
Don Hinman, 4605 Scenic Drive, is researching the irrigation issue on behalf of
Yakima Valley Landlords Association. He thinks it would be a good idea to spend the
next few months getting out into the community to inform people about the irrigation •
issue pointing out it is evident that there is not a good understanding of how water
rights work and the various alternatives. Although, he does realize that current
interest rates are really low and a decision needs to be made fast, instead of just
putting all the benefit into the low payment, maybe the City should consider shrinking
the payment period to a shorter term. In discussing the pros and cons of the two
alternatives, Mr. Hinman said if you are only concerned about your own property you
might favor a dual system, but if you are concerned about future water for the City of
Yakima, you may not come to the same conclusion. Council Member Sims said he
thinks the focus is affordability more than a long -term solution, and hopes we don't
lose sight of the long -term issue.
Mr. Brown said there has been a lot of confusion about water rights and wanted
people to know that our water rights are not in jeopardy in either scenario. Whichever
choice we make will not diminish our water rights. Mr. Zais responded to the
suggestion of a shorter term bond explaining the complicated differences and that the
main issue still is which is the best decision for the community's future.
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Betty Gaudette, 701 North 6 Street, commented about the 20 -year versus 30 -year
bond pay off saying "don't kill us now, let us die slowly ". When asked she said she
strongly prefers Option 1A.
Lynne Kittelson, 305 North 9 Street, said she very much favors Option 1A. She
also questioned the reserve fund compared to the 5 -year CI ID allocation. City
Manager Zais explained that information was supplied at the back of the first irrigation
information packet she received.
GEORGE MOVED AND MATTSON SECONDED TO DISCUSS THIS ISSUE AND TO
POSSIBLY MAKE A DECISION AT THE MAY 6TH COUNCIL MEETING. There was
discussion on whether the public adequately understands the issue. •
Don Hinman said his understanding was that either way they are going to have to pay
an additional charge that they don't really benefit from. He thinks the discussion
needs to go further into the City's ability to use those water rights. He favors option #1
if everything else was equal, but it's not. He's concerned about the City's ability to
continue using those water rights after they build the system and then are accused of
spreading the water. Could we lose those rights. He doesn't think that's been clarified
to the citizens. He emphasized that it would pay to take a little more time to explore
. that issue so everyone understands the downside. Mr. Brown assured him that we are
regulating that water use by eliminating the number of connections and, yes, we would
be regulating it in a rebuilt system.
Following a short break, the Council reconvened at 4:10 p.m.
Discussion continued on holding another public meeting. Council Member Mattson .
• claimed he was leaning toward the conversion option because of increasing
environmental regulations that cut down our ability to be flexible. He thinks the
conversion option provides the greatest certainty for the next 25 -50 years. SIMS
MOVED AND BARNETT SECONDED TO AMEND THE MOTION TO HOLD A
PUBLIC MEETING ON APRIL 29 AT 7:00 P.M.; LOCATION TO BE
DETERMINED. The motion carried by unanimous voice vote. The question was
called for a vote on the amended motion. The motion carried by unanimous voice
vote.
Phyllis Musgrove, 424 North 30 Avenue, feels the people on the east side should
have the most say about how it's going to affect them.
Maud Scott, Southeast Yakima, commented that the new information should be
translated into Spanish.
*8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH BLACK AND VEACH FOR WASTEWATER ENGINEERING
SERVICES TO COMPLY WITH CLEAN WATER MANDATES
RESOLUTION NO. R- 2003 -55, A RESOLUTION, authorizing the City Manager and
City Clerk of the City of Yakima to execute an Agreement for professional engineering
services between the City of Yakima, a municipal corporation, and Black & Veatch
Corporation.
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9. CONSIDERATION OF RESOLUTION APPROVING THE UPDATED YAKIMA
COUNTY -WIDE PLANNING POLICY
Lynne Kittelson, referred to the portion of the document that explained what growth
management is all about and suggested the citizens of Yakima get a copy of the
document and read it very carefully.
BUCHANAN MOVED AND MATTSON SECONDED TO ADOPT THE RESOLUTION.
The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2003 -56, A RESOLUTION approving the updated Yakima
County -wide Planning Policy, and recommending adoption of said policy document by
the Board of Yakima County Commissioners in accordance with RCW 36.70A.210(2).
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH
KITTITAS COUNTY
RESOLUTION NO. R- 2003 -57, A RESOLUTION authorizing the execution of an
Intergovernmental Cooperative Purchasing Agreement with Kittitas County.
*11. CONSIDERATION OF RESOLUTION APPROVING THE FIRST QUARTER 2003
CLAIMS REPORT
RESOLUTION NO. R- 2003 -58, A RESOLUTION accepting and approving the 1St
Quarter 2003 Claim Report for the City of Yakima.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING THE SALE OF SURPLUS •
SPRAYFIELD EQUIPMENT BY PUBLIC AUCTION
RESOLUTION NO. R- 2003 -59, A RESOLUTION declaring Food Processing Waste
Sprayfield irrigation equipment surplus and authorizing the City Manager to liquidate
irrigation wheel line components from the Food Processing Waste Sprayfield via
public auction.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING THE SOLE SOURCE
CONTRACT WITH IBM FOR POLICE CAR AUDIO -VIDEO SYSTEM
RESOLUTION NO. R- 2003 -60, A RESOLUTION authorizing the City Manager to
purchase a police car audio /video recording system from International Business
Machines Corporation to be used to enhance police officer safety and law
enforcement operations for a purchase price not to exceed $460,000 (plus sales tax
and expenses) as a sole source purchase without calling for bids, and further directing
the City Manager to execute all appropriate and necessary documents to complete the
purchase and transaction.
*14. APPROVAL OF JANUARY AND FEBRUARY 2003 EXPENDITURE (BUDGET)
REPORT
The January and February 2003 Revenue and Expenditure Report (budget) was
approved.
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ORDINANCES
15. CONSIDERATION OF ORDINANCE ADJUSTING THE INTEREST RATES ON
UTILITY CUSTOMER DEPOSITS
Council Member Barnett asked if the change of interest rates applies to existing utility
deposits made when the rate was 6 %. Rita Anson, Director of Budget and Finance,
answered yes. She explained that on the effective date in mid -to -late May the rate will
change for any deposits on hand from that date forward. The amounts will be pro-
rated when refunded to the customer so that any interest on deposits we currently
have would be at the 6% rate until the effective date of this change; then it would
change to the new rate. Council Member Sims, asking when did we start paying
interest on deposits that were made on utilities, was told this particular rate goes back
to 1985. He then pointed out that anyone who made a deposit at that time has been
accruing interest on that deposit and if they were to leave town they would get their
deposit, plus the accrued interest. It is now going from a solid 6% to a fluctuating rate
based on the one -year treasury that is currently yielding 1.37 %. BUCHANAN MOVED
AND SIMS SECONDED TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote.
ORDINANCE NO. 2003 -20, AN ORDINANCE relating to interest on deposits for utility
service; and amending section 7.50.020 of the City of Yakima Municipal Code.
16. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE TO
REDUCE THE SPEED LIMIT FOR WALNUT STREET BETWEEN SOUTH 6 AND
SOUTH 8 STREETS
Maud Scott, Southeast Yakima, suggested that the proposal is too modest to have
any impact on reducing the risk to the children, pedestrians, and disruption of the
neighborhood by simply lowering the speed limit from 30 to 25 mph. She said she is
concerned, not about the speed, but about the volume of traffic on Walnut from 6th
Street to Union Street. She claims the majority of the volume is non - residential users
cutting through the neighborhood and suggested implementing a method of cutting off
the non - residential traffic for those three blocks. She requested the City's Traffic
Engineering do a comprehensive traffic study on Union Street, Spruce Street, Walnut
Avenue, South 8 Street, and those intersections at Union. Joan Davenport from
Traffic Engineering said the neighborhood is probably one that needs to be .looked at
for additional stop signs. She advised that they are starting a neighborhood stop sign
program. 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 -21, AN ORDINANCE relating to traffic, changing the speed
limit for Walnut Street between South 6 and South 8 Streets, and amending Section
9.50.370 of the City of Yakima Municipal Code.
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17. OTHER BUSINESS
Doug Mayo, Wastewater Manager, introduced Doug Kobrick, Project Manager from
Back and Veatch, who was available for questions on agenda item #8.
SIMS MOVED PUCCINELLI SECONDED TO APPOINT SHELLEY DIX TO THE
HOUSING AUTHORITY BOARD. The motion carried by unanimous voice vote.
Council Member Mattson requested approval to approach the Bicycle /Pedestrian
Committee to ask if any of the members would be interested in attending a Safety
Conference in Portland this June. If so, the request for travel will be brought back to
Council for approval.
• Information Items
Items of information provided to Council were: 4/8/03 Invitation to attend the National
CDBG Week 2003 Open House; Agenda for the April 16, 2003 Community Review Board
meeting; April /May 2003 Washington Rail News; Planning Assignments Pending as of the
Week of April 15, 2003; Agenda for the April 14, 2003 Parks and Recreation Commission;
Agenda for the April 14, 2003 Charter and Police and Fire Civil Service Commissions and
minutes of its November 4, 2002 and January 6, 2003 meetings.
QUASI- JUDICIAL CLOSED RECORD HEARINGS
18. CLOSED RECORD PUBLIC HEARING TO CONSIDER THE HEARING
EXAMINER'S RECOMMENDATION CONCERNING THE REZONE OF PROPERTY
LOCATED AT 422 SOUTH 56TH AVENUE, 5607 TIETON DRIVE, & 5703 TIETON
DRIVE REQUESTED BY RICHARD JOHNSON
Bruce Benson. Senior Planner, described the rezone request for the three lots at the
corner of 56 Avenue and Tieton Avenue. Currently the parcels are zoned R -2 and
this is a request to rezone them to B -2, local business. The furthest parcel to the west
is an antique store, currently a legal non - conforming use. With the completion of this
rezone, the antique store would become a legal use without affecting the two homes
that are currently on the other two parcels. Last year during the comprehensive plan
updates these three parcels were modified from moderate density residential to
neighborhood commercial which is a designation that completely supports the rezone.
The hearing was held in February and, after consideration, the Hearing Examiner
recommended approval. Staff recommends acceptance of the Hearing Examiner's
recommendation.
All Council members declared no ex parte contact.
• Mayor Place opened the public hearing
Bill Hordan, 410 North 2nd Street, said he prepared the application on behalf of
Richard Johnson and was available for questions.
No citizen came forward to speak.
• Mayor Place closed the Public Hearing
PUCCINELLI MOVED AND GEORGE SECONDED TO ACCEPT THE HEARING
EXAMINER'S RECOMMENDATION. The motion carried by unanimous roll call vote.
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APRIL 15, 2003
19. CLOSED RECORD PUBLIC HEARING TO CONSIDER THE HEARING
EXAMINER'S RECOMMENDATION CONCERNING THE REZONE OF PROPERTY
LOCATED IN THE VICINITY OF 4202 ENGLEWOOD AVENUE REQUESTED BY
RICHARD KOHAGEN
Bruce Benson, Senior Planner, said this request involves approximately 6 1 /4 acres that
lie immediately east of the Englewood Christian church. This property went through
the comprehensive plan updates and changed from low density residential to
moderate density residential. The hearing was held in February and the Hearing
Examiner recommended approval subject to the completion of a deferral agreement
that would satisfy the City Engineer.
All Council members declared no ex parte contact.
• Mayor Place opened the public hearing
In response to questions, Betty Lars, representing the property owner, replied that the
neighbors were aware of the rezone request and did not respond at the public hearing.
The plan is to sell the property. If a developer buys it, they will be the ones dealing
with any Title 12 requirements to develop it.
• Mayor Place closed the public hearing
PUCCINELLI MOVED AND GEORGE SECONDED TO ACCEPT THE HEARING
EXAMINER'S RECOMMENDATION. The motion carried by unanimous roll call
vote.
20. EXECUTIVE SESSION REGARDING PROSPECTIVE
BUCHANAN MOVED AND SIMS SECONDED TO'ADJOURN TO EXECUTIVE
SESSION WITH IMMEDIATE ADJOURNMENT THEREAFTER TO APRIL 29, 2003
AT 7:00 P.M. AT A LOCATION TO BE DETERMINED FOR A PUBLIC MEETING ON
IRRIGATION AND TO MAY 6, 2003 AT 7:30 A.M. IN THE COUNCIL CHAMBERS
FOR A STUDY SESSION ON PROPOSED GRAFFITI LEGISLATION. The motion
carried by unanimous voice vote.
21. ADJOURNMENT
Following the Executive Session the meeting adjourned at 6:17 p.m.
READ AND CERTIFIED ACCURATE BY: - - % G
LMEMB`R DATE
Co NCIL MEMBER AT
• ATTEST:
i(4/.11-g-- ge---ed-e
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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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