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HomeMy WebLinkAbout07/15/2003 Business Meeting 428 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JULY 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 Buchanan. 3. Open Discussion for the Good of The Order /Special Presentation A. Proclamations None B. Status report on prior meeting's citizen service request) • Parking concerns in vicinity of 42 Avenue and Marilyn Drive Shelley Willson, Street and Traffic Operations Manager, advised Council that a letter had been sent to residents in the neighborhood asking'them to respond on their preference for parking in the area. Potential alternatives are to restrict parking on one side, or to restrict parking from 8 a.m. to 5 p.m. Once they receive the responses they will advise Council what the neighborhood wants. C. Council Member Barnett asked about the City's response to DOE regarding Total Maximum Daily Load (TMDLs) for Naches River and Wide Hollow Creek. Dueane Calvin, Interim Water Irrigation Manager, said on the Naches River the emphasis is going to be on temperature and tributaries. The City of Yakima is working on a habitat restoration project, but we don't really know where they are going to go with TMDLs at this time. 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.10 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.) 4.29 JULY 15, 2003 5. Audience Participation No one came forward to speak. SPECIAL PRESENTATION 6. Presentation on Black Rock Project by Pete Optekar Pete Optekar, Yakima Basin Storage Alliance, introduced Charlie DeLaChapelle, Tom Carpenter, and Rockey Marshall, members of the Alliance, a non - profit corporation in support of the Black Rock Reservoir. A video was shown on the vision of building a reservoir in the Black Rock Valley. Pete Optekar gave status information on the project emphasizing the benefits that will occur for the City of Yakima when construction starts. He noted there will be $1.8 billion in construction effort rolling into the city. They are asking for support around the community. Yakima County has committed $8,000 and they have submitted proposals to other entities. Their current expenses are running $30,000 monthly, He said they are asking the City of Yakima to consider committing to $3,000 a month. They are hoping to start construction in 2 -3 years with proper funding. It was suggested he speak with City Manager Zais and the City's Finance Manager to include the request in the 2004 budget process. PUBLIC HEARING 7. Public Hearing on the disposition of property at Larson Park known as Noel Field Chris Waarvick, Director of Public Works, introduced the subject for the public hearing and he and Denise Nichols, Parks and Recreation Manager, were available for questions. • Mayor Place opened the Public Hearing • • John Nicholson, 201 North 24 Avenue, spoke of the history of Yakima Valley Community College detailing how the land was given to the City for a public park to be known as Larson Park for park and recreation purposes only. He believes that if. Noel field is going to be deeded with no restrictions, it must be used to honor Mrs. Larson's dedication to be Larson Park forever. He doesn't think the Council has the authority.to sell it for any other purpose than to be used as a park. Dr. Linda Kaminski, President of YVCC, explained that the college's plan for this ballpark is for it to be maintained as a second softball field for their use, the use of the Yakima School District and, hopefully, a summer program for young girls. In addition, in the northwest corner next to the field they want to build a soccer field to begin a club soccer. The fields will be available to the public once the school's seasons are completed. Senator Alex Deccio spoke about the Field of Dreams and the Port District which both clearly indicated that the citizens did not want to be taxed directly for ball fields. He stated that the thing that made the funding possible was the higher 2 430 JULY 15, 2003 education center. This language is very precise that in order to get the $350,000 the last of the ball fields would have to be transferred to the college. With this $350,000 a total of $4,100,000 was made available to the City of Yakima to take the place of the ball fields and tennis courts at YVCC. There are no bonds on the part of the City, they have not had to put up any money to get these funds. The citizens don't want to pay direct taxes, they would rather get it out of the state coffers. All other cities are then paying for some of our ball fields. He emphasized that those fields will not be used in the near future for a building and he thinks it is important the land be under the control of the college. Heidi McGrue, 201 South 62 Avenue, spoke against the property transfer because she and her family play ball there regularly. They do not like Kiwanis Park. She doesn't understand why the college is not taking other steps to solve their parking and field problems. Jim Scoggins, 4603 Conestoga Boulevard, claimed Senator Deccio's comment that it was understood that all of the ballfields would eventually go to the college was a falsehood. He also took exception to the comment that it took this transaction to get the higher education center done. Mr. Scoggins claimed the • higher education center is complete and is on the former Larson Park tennis courts. He said this is a totally separate negotiation and was not a part of any plan that has ever been presented. Mr. Scoggins claimed that when the hearings were held on the use of the softball fields at the college the opposition was so overwhelming that everyone connected backed off of the proposal and changed their focus to the tennis courts. If this is approved as it is stated, for further development of a higher education center, it increases the likelihood of a lawsuit to prevent violation of the covenant on the property. And, by approving this transfer, the City would position itself as one of the legal defendants. He referenced that President Kaminski, at an earlier hearing, said she would accept the reiteration of the covenant. At a later meeting of the YVCC Board of Trustees, it was stated that the college had sought advice of the Attorney General's counsel and got the opinion that this covenant is not binding on them. He feels it is important for the Council to get a reiteration of this covenant and to ask Dr. Kaminski again if they are willing to follow that covenant. Relief from the covenant will last only until someone files a lawsuit to uphold it. Nancy Kendrick, South 18 Avenue, opposes the sale of any more of the ball fields to the college. She is sure they will put a fence up and lock the public out. She said she doesn't trust what they say compared to what they have historically done. Scott Wilson, 2410 South 66 Avenue, spoke about the original 1937 deed and that if it is breached, the property shall convert to Mrs. Larson's successors, Darrell Parker being one of them. He then asked why efforts are being taken to sell or trade property that was given to the City. Sam Karr, 5204 Cascade Drive, spoke against the sale and admitted being angry that the City Council is not paying attention to the people of Yakima. He thinks the r original deed should be honored and that there will be a lawsuit if this sale goes forth. Denise Nichols gave a status report on the restrooms. She also gave a status report on Kiwanis Park advising of the groundbreaking scheduled for July 28 3 431 JULY 15, 2003 Paul McMurray, Assistant City Attorney, responding to Mr. Wilson's comments, said that Shirley- Parker was the only person who had an interest in Larson Park as a potential heir to Rose Larson. Mr. Parker released his interest to the YVCC Foundation in 1998 and 2000 in two documents called Deeds of Release. If the property is not used for park purposes, it would be up to the person who inherited Rose Larson's interest to go to a court of law and try to enforce that decision. That interest is now held by the Foundation of YVCC. It appears that they are the ones who would have to enforce it and would have to take affirmative action to do so. •Council Member Mattson questioned the paper trail leading to this property transfer decision. Rosemary Small, 1006 South 25 Avenue, opposes the selling of any more public park land to YVCC commenting that it is time for them to consider building up rather than spreading out. She challenged the City Council to leave public open space available to the community and suggested YVCC might consider the Yakima Mall. Lynne Kittelson, 305 North 9 Street, questioned why a developed park was being taken away. She also stated concern about the City Council not listening to the citizens. Marvin Sundquist, lives in Selah, and is chair of the YVCC Foundation . The foundation was organized to assist college students now and forever. YVCC is landlocked; it doesn't have any more territory to build on. The simple solution of locating someplace else is not a feasible solution. Darrell Parker is Rose Larson's successor at this time. He knew what he was doing when it was transferred to the foundation because he knew they would be in favor of education in the Yakima Valley. The Foundation intends to do what is needed to assist these students and the college. Without education this valley is doomed as our students are our future leaders and they need education. It has been said you are not listening to the citizens, but there are a lot of citizens besides the ball field proponents. There are people who believe in the economic future of the valley and there is a lot of support for the development of Yakima Valley Community College. Dr. Linda Kaminski spoke about access to Dunbar Field. Part of the problem is they have already experienced vandalism to the field. Open use of the field puts the improvements in great jeopardy. The field is available when it is not in use by YVCC's team or by the Yakima School District but it does have to be scheduled. Mike Nixon, Chairman of Parks & Recreation Commission for the City, commented that in the last 20 years one of the primary things the commission has sought to do is to maintain the existing park lands. Their goal is to improve them when possible, and to work cooperatively with other entities to develop Yakima as a community we can be proud of with a clear and definite future. He spoke about the process and the people who have worked on this property transfer. Speaking for the Parks & Recreation Commission he recommends the land transfer of this last piece of property as it ultimately benefits all of us. Jim Scoggins countered Mr. Nixon's statements regarding the hearing process and the original plans. 4 432 JULY 15, 2003 Delmar Pearson, 2101 St. Helen's Street, noting his family's friendship with the Larson family, said his understanding was that Mrs. Larson was going to give all of the property to the Junior College; however, her son Shirley- Parker started up a Yakima baseball team and needed a place to play so they started up the ballpark. He convinced his mother to donate it to a group that would support it and that's why the City got the park. Now, it is coming back to what was possibly her original intent, to give it to the college to expand the facilities. He stated that we need to expand the college and everything possible should be done to help them. Scott Wilson claimed he was the one who came up with the idea of the tennis courts four or five years ago as alternative sites. He said he was vehemently opposed to taking the fields and was against removing Mickey McVey's memorial fountain. The mayor closed the public hearing. SIMS MOVED AND MATTSON SECONDED TO DIRECT STAFF TO PREPARE APPROPRIATE LEGAL DOCUMENTS FOR THE SALE AND TRANSFER OF NOEL FIELD. The motion carried by a 5 -2 roll call vote; Mattson and Buchanan voting nay. Following a short recess at 3:55 p.m., Council reconvened the meeting at 4:15 p.m. CITY MANAGER'S REPORTS 8. Consideration of report from Parks Division re: funding options for Kiwanis Park Ballfield #3 Denise Nichols, Parks and Recreation Manager, stated that Option 3B is being supported by the Parks Commission. Option 3B includes building three ball fields to Title 12 standards and paving the parking lot. City Manager Zais explained that at the time the Huibregtse firm was retained we were limited to the resources at hand for the construction and building of the two ball fields. We took the position, however, that if we were successful through Senator Deccio in acquiring additional funds we would have the opportunity to do three together. We had them go ahead and design the third ball field to put as an alternate into the bids that were issued. Although we have certainty as to what that cost is going to be, it has not been awarded. The two ball fields have been awarded. We now know what the legislature's allocation is going to be and we know we will be short funding. If the decision is made to move forward with Noel Field, we should make the case to be able to build the third ball field, pave the parking lot, and meet the Title 12 obligations at some point in time. There will be a combination of state resources, contingency funds, and a line of credit allocation placed against the parks budget for up to five years to proceed with this plan. JIM WILLIAMSON, President of Yakima Softball, questioned the comment that if the transfer of Noel field isn't passed there is no need to discuss this item. Mr. Waarvick said that the legislative intent is clear in the $350,000 appropriation, it says it is subject to the sale of Noel Field to the College. SIMS MOVED AND GEORGE SECONDED TO ACCEPT OPTION 3B. The motion carried by unanimous roll call vote. Mayor Place encouraged the Parks Commission to look ,5 433 JULY 15, 2003 • for more green space. Council Member Mattson extended an offer to go to Olympia for YVCC to help them go higher rather than sprawl. 9. Consideration of report from Public Safety Communications Center re: alarm monitoring service Wayne Wantland, Communications Manager, referenced a study session held May 20 on the subject of alarm monitoring at which input was received from citizens and business owners in the community. A report was provided to help answer questions that came forward during that study session. Council Member Puccinelli addressed the question of taxes noting that the City does not pay B &O and sales tax on this income but the other alarm companies do. City Manager Zais clarified that is a State Department of Revenue decision, not a ruling by,the City. GEORGE MOVED AND SIMS SECONDED THAT THE CITY CONTINUE THE EXISTING POLICY OF ALLOWING THE CURRENT SERVICE TO CONTINUE. Council Member Puccinelli again commented about the unfairness of government competing with the private sector. Council Member Buchanan agreed. The motion carried by a 4 -3 roll call vote; Barnett, Buchanan and Puccinelli voting nay. *10. Consideration of Resolution authorizing the County to conduct the September 16, 2003 Primary by mail ballot RESOLUTION NO. R- 2003 -99, A RESOLUTION authorizing and approving the Yakima County Auditor to conduct the September 16, 2003 Primary by mail ballot. *11. Consideration of Joint Resolution with Yakima County authorizing the sale of a surplus building at the Airport RESOLUTION NO. R- 2003 -100, A JOINT RESOLUTION WITH YAKIMA COUNTY in the matter of authorizing the Airport Board to sell airport property. *12. Consideration of Resolution authorizing the execution of a professional services contract with Alan B. Clayton for right -of -way appraisals on Washington Avenue RESOLUTION NO. R- 2003 -101, A RESOLUTION authorizing and directing the City Manager to execute an agreement for professional services between the City of Yakima and Alan B. Clayton for appraisal services related to the Washington Avenue reconstruction project. • *13. Consideration of Resolution ratifying and approving the execution of a professional services contract with Huibregtse Louman Associates for professional engineering services relating to deed preparation for the Washington Avenue reconstruction project RESOLUTION NO. R- 2003 -102, A RESOLUTION authorizing and directing the City Manager to ratify an agreement for professional services between the City of Yakima and Huibregtse, Louman & Associates (HLA) for professional property survey and Deed Preparation services related to the Washington Avenue reconstruction project. 6 434 JULY 15, 2003 *14. Consideration of Resolution authorizing execution of contract with the National Development Council for review and analysis of economic development proposals RESOLUTION NO. R- 2003 -103, A RESOLUTION authorizing the City Manager to execute a Technical Assistance Agreement with the National Development Council (NDC) for the purpose of obtaining technical assistance services related to local, state and federally funded community and economic development projects and activities. *15. Consideration of Resolution to effect converting Section 108 floating rate loans into fixed rate loans RESOLUTION NO. R- 2003 -104, A RESOLUTION to effect converting HUD 108 loans into fixed rate loans. *16. Consideration of Resolution authorizing Section 108 Loan approval for Seong and Helen Kim for Peppers Restaurant RESOLUTION NO. R- 2003 -105, A RESOLUTION to approve the loan application and enter into a loan with Helen and Seong Kim to up to $330,000 from the Yakima Commercial Development Loan Fund. *17. Consideration of Resolution approving the Second Quarter 2003 Claims Report RESOLUTION NO. R- 2003 -106, A RESOLUTION accepting and approving the 2nd Quarter 2003 Claim Report for the City of Yakima. *18. Approval of the 2002 Year -End City Health Plan Annual Report from Fisher Consulting The 2002 Year -End City Health Plan Annual Report from Fisher Consulting, Inc. was approved. *19. Approval of the Year -to -Date through May 2003 Revenue and Expenditure (Budget) Report The Revenue and Expenditure (Budget) Report through May 2003 was approved. *20. Set August 5, 2003 as the date of public meeting to consider the final approval of the plat of Summitview Vineyards August 5, 2003 was set as the date of public meeting on the Summitview Vineyards Final Plat approval. 7 • 435 JULY 15, 2003 ORDINANCES 21. Consideration of legislation relating to public services and utilities and the conversion of the General 308 irrigation system to domestic irrigation services A. Ordinance authorizing capital improvements for the rebuild /reconstruction of the City's General Irrigation System and setting rates to accomplish that purpose Dave Brown, Acting Water and Irrigation Manager, introduced the ordinance to begin the process of rebuilding the irrigation system and the non -308 system. He explained that the ordinance allows an extra 60 -day opt -out period. At the end of the 60 -day period it becomes very restrictive to opt out. Opting -out means transferring your irrigation demand from irrigation to domestic water so there is a base irrigation fee paid into the water fund rather than the irrigation fund. Mayor • Place doesn't think the individual opt -out decisions should be a Council decision • because it then becomes a political decision. She suggested the Division Manager could make the decision and citizens could appeal those decisions through the City Council. Mr. Brown explained that opting out would be handled by going to Customer Service and filling out an application. The City would review the criteria to determine if the applicant qualified. Water conservation, compliance with House Bill 1338, and the need to educate the public on conservation and health /safety issues were also discussed. The City Clerk read the ordinance by title only, BARNETT MOVED AND SIMS SECONDED TO ADOPT THE ORDINANCE. GEORGE MOVED AND BUCHANAN SECONDED TO AMEND THE ORDINANCE TO INCLUDE "WHEREAS, CAPITAL IMPROVEMENTS TO THE IRRIGATION SYSTEM WILL HELP THE CITY IMPROVE THE EFFICIENCY OF ITS IRRIGATION SYSTEM IN ORDER TO COMPLY WITH THE REDUCTION IN THE CITY'S NELSON DIVERSIONS ORDERED BY THE COURT IN THE ACQUAVELLA PROCEEDING, WHICH IN TURN WILL BE AN ELEMENT OF THE CITY'S IMPLEMENTATION OF ITS CONSERVATION OBLIGATIONS • UNDER CHAPTER 5, LAWS OF2003 ( "HOUSE BILL 1338 "); AND..." The motion to amend carried by unanimous voice vote. PUCCINELLI MOVED AND GEORGE SECONDED TO AMEND THE ORDINANCE BY REPLACING SECTION 4 WITH VERBIAGE TO ALLOW THE DIVISION MANAGER TO MAKE THE OPT -OUT DECISION. Larry Ratts, 902 North 6 Street, asked if adjacent property owners would be notified when someone was given permission to opt out or would it be a private matter. City Manager Zais explained the 60 -day extended opt -out period would start when the ordinance becomes effective. Therefore, in total, there would be a 90 -day opt -out period. The opt -out gives certainty for the bonds and revenue base. They have estimated about a 5% opt -out and if that radically changes we would have to take a look at the financing aspects. Dave Brown explained that there are fourteen different criteria that must be met to opt -out, it cannot be just because someone wants to. 8 436 JULY 15, 2003 The amendment carried by a 6 -1 voice vote; Buchanan voting nay. The question was called for a vote on the amended motion. City Council Member Mattson expressed discomfort with authorizing staff to begin exploring improvements up to $10 million, timing and amounts yet to be determined, with the uncertainty caused by the opt -out. City Manager Zais explained this ties into the financing time line that is the subject of the next motion, tying it to the rate of bonds. Council Member George expressed concern about the use of $2 million CBDG money for debt service. City Manager Zais assured him that the block grant money is not being used for debt service. It is a component of the financing structure but to assist those who qualify for help in the conversion. Mr. Brown clarified that the financing • package is not dependent on block grants. Each year it would come before the Council, it would not be automatic. City Manager Zais said if the motions pass today, the rates would go into effect September 1 The question again was called for a vote on the amended motion. The motion carried by a 4 -3 roll call vote; George, Mattson, and Place voting nay. ORDINANCE NO. 2003 -47, AN ORDINANCE relating to capital improvement charges for rebuild, and to procedures for termination of service from, the irrigation water system under Chapter 7.24 of the City of Yakima Municipal Code; and relating to charges for connection of irrigation demand to the domestic water system under Chapter 7.56 of the City of Yakima Municipal Code; amending Sections 7.24.100, 7.24.110, 7.24.150, 7.24.160, 7.56.030 and 7.56.040 of the City of Yakima Municipal Code; and establishing an effective date. B. Motion directing preparation of legislation to authorize the sale of Revenue Bonds to finance irrigation system improvements and repairs SIMS MOVED AND BUCHANAN SECONDED TO PASS THE MOTION. The motion carried by a 4 -3 roll call vote; George, Mattson and Place voting nay. 22. Consideration of Ordinance amending the Municipal Code and prohibiting the possession of graffiti implements Jeff West, Sr. Assistant Attorney, explained three provisions in the amended graffiti ordinance. One provision limits possession of graffiti implements, the second requires the sellers of graffiti implements to post signage, and the third provision is an attempt to require perpetrators to clean up graffiti in a timeline that is quicker than the timeline created by criminal prosecution. Although he thinks the citizens group is in favor of the amended ordinance, Mr. West expressed concerns on constitutional grounds in Section 6 as he thinks it raises Fifth Amendment and Due Process issues. He also sees the potential for continual difficulty with the public because the work that is being required by this ordinance may not come up to the homeowners' standards. Council Member Puccinelli read the following into the record: Many of the proposed code amendments such as required by the enhanced punishment of juveniles for mandatory minimum sentences for graffiti suggested by the concerned citizens would require a change in state law and are not within the power of the City of Yakima to adopt. Adoption of this ordinance will create additional duties for Community and Economic Development, Legal, and Municipal Court departments of the City. 9 437 JULY 15, 2003 Mr. West confirmed that the statement that it would create increased duties is true. The part that it requires changes to state law referred to the previous draft attempting to create mandatory minimum penalties. That has been taken out of the amended ordinance. Discussion continued on the potential Due Process problem with the ordinance. Council Member Mattson made a recommendation that this ordinance be passed on a trial basis. He suggested a one -year sunset clause so that if it is not meeting expectations it is removed from the books. Discussion continued on Fourth Amendment violation and enforceability of the ordinance. Lloyd Johnson, 308 East Yakima Avenue Apt. 404, brought up the broad interpretation of graffiti implements. A discussion on the intent of that section of the ordinance resulted in Police Chief Willson assuring Council that he feels this ordinance is workable. It is not the intent to find everyone who has something that could be used as a graffiti tool and throw them in jail. Council Member Puccinelli suggested that during the sunset clause time period the City obtain an opinion from a retired State Supreme Court Judge on whether it is within the law. The City clerk read the ordinance by title only; BUCHANAN MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. Kevan Montoya, 5009 Ritchey Road, addressed some of the previous comments regarding etching equipment definition saying it only means a tool or device with a cutting blade so general tools are not part of the definition. His reaction to the idea of a sunset clause is that he would prefer to see something passed that is permanent, but he has no objection to the Council looking at it again in six months or a year. Council Member Sims asked Council Member Mattson to develop the review criteria that would determine if it is successful. Council Member Barnett asked for a staff report on the potential administrative burden from the various departments. Bill Cook, Director of Community and Economic Development, clarified that we have two code inspectors and currently have approximately 257 cases. He emphasized the need to be able to show a preponderance of evidence to make sure we don't start down the path without adequate evidence. Joe Farina, 11702 Summitview Extension, commented that there is an element of inappropriate activity (graffiti) that takes place in the city. The City started to take action by making property owners clean up graffiti, but it gets futile to clean it up just to see the kid do it again. He said this type of ordinance is working in other communities. MATTSON MOVED AND PUCCINELLI SECONDED TO AMEND THE ORDINANCE TO CREATE A NEW SECTION 8, THAT THIS ORDINANCE SHALL BE NULL AND VOID IF NOT REENACTED BY THE COUNCIL WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE ORDINANCE. The motion carried by a 5 -2 voice vote, Sims and Buchanan voting nay. The question was called for a vote on the amended motion. The motion carried by a 6 -1 roll call vote; Barnett voting nay. Council Member Barnett explained his nay vote saying in Chapter 6.50.030 under prohibitive acts, he believes certain parts of it violate the Fourth Amendment to the United States Constitution. He also said he thinks the definition of perpetrator violates Due Process and since the minor is subject to Title 13 of the RCW that it leans toward double jeopardy. He also believes it creates an administrative workload that could turn out to be a nightmare. 10 433 JULY 15, 2003 ORDINANCE NO. 2003 -48, AN ORDINANCE relating to public safety and morals; prohibiting the possession of graffiti implements, requiring retailers to post warning signs, requiring perpetrators to remove graffiti and establishing penalties for violations; and enacting a new chapter, Chapter 6.50 and, Sections 6.50.010, 6.50.020, 6.50.030, 6.50.040, 6.50.050 and 6.50.100, all of the City of Yakima Municipal Code. *23. Consideration of Ordinance transferring Technical Systems Franchise from GEBPS to ATI ORDINANCE NO. 2003 -49, AN ORDINANCE relating to the telecommunications system franchise granted to GE Business Productivity Solutions, Inc. under City of Yakima Telecommunications System Franchise Ordinance No. 2000 -13, as amended, and approving the transfer of the telecommunications system franchise from GE Business Productivity Solutions, Inc. to Advanced TelCom, Inc. *24. Consideration of Ordinance approving the rezone of property at 906 E. Central and 1302 and 1304 Fair Avenue requested by Terry Morton ORDINANCE NO. 2003 -50, AN ORDINANCE concerning land use regulation and planning and rezoning certain parcels of property located at 906 E. Central Avenue and 1302 and 1304 Fair Ave. from Two - family Residential (R -2) to Central Business District Support (CBDS); Terry P. Morton as applicant herein. *25. Consideration of Ordinance revising the fee schedule for Tahoma Cemetery and amending the Municipal Code to establish maximum marker sizes and clarify ownership interest acquired by purchases of cemetery Tots ORDINANCE NO. 2003 -51, AN ORDINANCE relating to public services and utilities; setting cemetery fees, establishing maximum marker sizes, clarifying the ownership interest acquired by purchases of cemetery lots; and amending Sections 7.04.080 and 7.04.090, all of the City of Yakima Municipal Code. *26. First reading of Ordinance amending the 2003 Budget and appropriating funds for emergency street repairs (Read ordinance title only; pass ordinance after second reading on August 5, 2003) An Ordinance amending the 2003 budget and appropriating funds for emergency street repairs, was read by title only, and laid on the table until August 5, 2003 for a second reading. *27. First reading of Ordinance amending the 2003 Budget and appropriating funds for retirement cash out expenditures in the Equipment Rental Division (Read ordinance title only; pass ordinance after second reading on August 5, 2003) An Ordinance amending the 2003 budget and appropriating funds for unanticipated retirement cash -outs in the Equipment Rental Division, was read by title only, and laid on the table until August 5, 2003 for a second reading. 11 • 439 JULY 15, 2003 28. Other Business • Mayor Placed advised that the County was no longer going to provide administrative services for the Clean Air Authority and sent a letter asking the City to provide administrative support. BUCHANAN MOVED AND MATTSON SECONDED TO NOT OFFER ADMINISTRATIVE SERVICES TO THE CLEAN AIR AUTHORITY. The motion carried by unanimous roll call vote; Sims temporarily absent. • Information Items Items of information provided to Council were: Invitation to August 5, 2003 20 Anniversary of National Night Out; Agenda for the July 11, 2003 Capital Facilities Committee meeting; Agenda for the July 16, 2003 Community Review Board meeting; Planning Assignments Pending as of the Week of July 15, 2003; Washington Labor Economy; May 2003; State Department of Ecology Fiscal Year 2004 Total Maximum Daily • Load Priority List; 7/7/03 Memo from Dave Brown re: US Bureau of Reclamation Yakima Project Total Water Supply Available; Article from 'Preston Gates Ellis newsletter, "Working with Aquifer Storage and Recovery Regulations in Washington "; and Article from July 6, 2003 Yakima - Herald Republic, "Profiling? WSP, Survey Say No" 29. Adjournment • BUCHANAN MOVED AND PUCCINELLI SECONDED TO ADJOURN. The motion carried by unanimous voice vote. The meeting adourned at 6:04 p.m. READ AND CERTIFIED ACCURATE BY: . a•t,d- 9-/6 COUNCIL MEMBER DATE 0 /0/3 CO NCIL MEM DATE ATTEST: 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 12