Get documents about "MIN 06-18-02rtf
Document Sample
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
JUNE 18, 2002 – 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 McMurray, 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 Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. SPECIAL RECOGNITION
Bob Wardell, Chair of the Yakima Housing Authority, introduced Dick Allen as the new
Executive Director. Mr. Allen said he has a 30-year background in private business and has
a passion to see if we can do a little better and make this community a better place to live.
B. SPECIAL MESSAGE: MISS YAKIMA VALLEY, TIFFANY NYGARD, “DON’T
DRINK AND DRIVE”
Tiffany Nygard, 705 West Wyatt Lane, Seabeck, Washington is representing Yakima at the
Miss Washington pageant. She took this opportunity to promote her “Don’t Drink and Drive”
platform. She will be campaigning for harsher drinking laws for Washington State.
C. STATUS REPORT ON PRIOR MEETING’S CITIZEN SERVICE REQUESTS (IF
APPLICABLE)
None.
D. CONSIDERATION OF APPOINTMENT TO THE PUBLIC FACILITIES BOARD
BUCHANAN MOVED AND MATTSON SECONDED TO APPOINT RICHARD ECKEL TO
THE PUBLIC FACILITIES BOARD. The motion carried by unanimous voice vote.
JUNE 18, 2002
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 removed from the Consent Agenda and Item No. 13 was removed from the 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 THE MINUTES OF THE JUNE 4, 2002 BUSINESS MEETING
The minutes of the June 4, 2002 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
No one came forward to speak.
PUBLIC HEARINGS
6. PUBLIC HEARING ON SIX-YEAR YEAR TRANSPORTATION IMPROVEMENT PLAN
FOR 2003 THROUGH 2008
K. Wendell Adams, City Engineer, introduced the plan and noted the first three years are the
most important in order to obtain federal funding.
There was discussion about the status of the Mead Avenue project and sidewalks on Item
No. 14. Also discussed was the addition of Tieton Drive from 72nd Avenue to 80th Avenue.
Mayor Place opened the public hearing
Mark George, 8104 Plath Avenue, addressed concerns about safety on 80th Avenue
between Tieton Drive and Zier Road. He described it as a two-lane road with narrow to no
shoulders and ditches on both sides. He said it is used by school buses, and now City
buses and there is no place for the buses to pull over. There are no safe places for the kids
to stand and wait for the buses. Mayor Place advised that the area had just been added to
the plan. Mr. George requested it be expedited.
Mayor Place closed the public hearing
Council Member Puccinelli clarified that if something happens to void the annexation of that
area to the City, the residents would have to look to the County for these improvements. Mr.
Adams advised that we have been talking with the County who has an aggressive program
for paving their residential streets. They do them on a prioritized basis. Mr. Adams noted
another area that could be added to the TIP, and that was a section on Zier Road from 75th
to 72nd. He said it currently is just asphalt with no curb, gutter or sidewalk. He has spoken
with the County and they would be willing to partner with the City in a grant or other type of
2
JUNE 18, 2002
application to complete a sidewalk in that area. The clerk read the resolution by title only,
BARNETT MOVED AND BUCHANAN SECONDED TO ADOPT THE PLAN AS AMENDED
TO INCLUDE 80TH AVENUE, TIETON TO ZIER ROAD, AND ZIER ROAD, 75TH TO 72ND
AVENUES. The motion carried by unanimous roll call vote.
RESOLUTION NO. R-2002-70, A RESOLUTION adopting the Six-Year Transportation
Improvement Program for the period of 2003 through 2008 for the construction of streets
and arterial streets in the City of Yakima.
7. PUBLIC HEARING ON PROPOSED LEGISLATION REGULATING CERTAIN SOCIAL
CARD ROOMS (HOUSE-BANKED CARD ROOMS):
A. CONSIDERATION OF ORDINANCE ADOPTING A SIX-MONTH MORATORIUM ON
THE FILING AND ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR, AND
THE LOCATION OF, LAND USES OPERATING OR CONDUCTING CERTAIN
SOCIAL CARD GAMES (HOUSE-BANKED CARD ROOMS); EXEMPTING LAND
USES FOR WHICH A DEVELOPMENT APPLICATION WAS PENDING UPON THE
EFFECTIVE DATE OF THIS ORDINANCE OR WHICH WERE LEGALLY IN
EXISTENCE AT SUCH TIME; AND PROVIDING THAT VIOLATION OF THE
MORATORIUM IS A MISDEMEANOR
B. CONSIDERATION OF A PROPOSED AMENDMENT TO THE ZONING CODE TO
REQUIRE CLASS 3 REVIEW FOR CERTAIN SOCIAL CARD ROOMS (HOUSE-
BANKED CARD ROOMS)
Ken Harper, attorney representing the City, explained that a public hearing is required prior
to adopting a moratorium. This agenda item is for a proposal that would enact a moratorium
on certain house-bank card rooms and also a proposal to apply Class-3 review throughout
the city for social card rooms. The public hearing is mandated by the moratorium only. As
written, the proposal exempts any vested existing use, exempts (allows) the enhancement
pursuant to gambling commission regulations of the existing gambling license. As drafted,
the proposal would be effective for six months which is the maximum under state law
although a shorter period is permissible. At the end of the six months the moratorium could
be extended, but an extension would require another public hearing and Findings of Fact to
explain the extension. The effective date of the moratorium would be 30 days after
ordinance passage and publication. City Manager Zais clarified that the hearing is for both
the moratorium and the Class-3 review, as advertised, even though it is not legally required
for both. Council Member Mattson claimed that he and Council Member Puccinelli both had
difficulty with the six-month period as the end of it will coincide with the budgeting process.
They would rather see a three-month moratorium.
3
JUNE 18, 2002
Doug Maples, Code Enforcement and Planning Manager, said the six-month period is
justified due to the amount of material needing to be reviewed, the need to cooperate and
review with the County, and the lack of staff to support a shorter time frame. There was
discussion on the timing for amendments to Table #4 and the Class 3 review. City Manager
Zais advised that the change to require a Class-3 review could be accomplished in 90 days.
Mayor Place opened the public hearing
Laura Turner, 1415 South 32nd Avenue, said she is against any kind of a moratorium on
card rooms. This should be a business friendly community and card rooms are a legal
business in the state of Washington. This really is a referendum on gambling. She would
hate to see a small group, governmental or citizen, try to legislate choices of adults as to
their access to different forms of entertainment.
Aileen Kane, 701 South 14th Avenue, said that, although she doesn’t care for gambling,
these are legal businesses. We are Americans and have legal choices available to us. If
people have a problem with gambling it is up to them to instruct their children appropriately
as to their views. She stated concern about how business friendly Yakima is.
Lynn Raymond, 2302-A West Viola, co-chair of the Family Friendly Yakima group, said the
moratorium is needed to investigate the effects of gambling on our neighborhoods and
community. She thinks it will take at least six months to study the available information.
She supplied various facts and figures from studies on gambling.
Sandra Samec, 1312 South 80th Avenue, does not support a moratorium. She works as a
card dealer. She said it is not a moral issue; it is an economical issue. Gambling is an
entertainment and if people don’t have access to it in Yakima they will take their money
someplace else.
Lois Jervais, co-chair of the Family Friendly Yakima group, presented 833 more signatures
against additional casinos in Yakima. She expressed concern that Yakima is just interested
in making money no matter how. She read a quote by U. S. Attorney General, John
Ashcroft, against gambling. She supports the six-month moratorium.
Ted Hornbuckle, 4213 South 42nd Avenue, spoke against the affect of a small group of
people trying to block gambling. He said the casinos are under scrutiny and are obeying the
law. He thinks gambling should be allowed to continue.
Aaron Hernandez, 1705 South Fair Avenue, emphasized that gambling is entertainment.
He compared it to other forms of entertainment such as softball, swimming, and all sports.
He said that bringing another casino into Yakima is not creating more jobs but taking jobs
from other establishments to make the new place operate nor is it creating more gamblers.
He said there are a lot of good people, and single parents, working at casinos. He wanted
people to know that the current casinos do not have slot machines.
Sandra Swanson, 6 South 6th Street, spoke on behalf of Representative Jim Clements. Jim
has worked at the state level to pass legislation that would establish and clarify local control
of legalized gambling. He favors a six-month moratorium to give the Council ample time to
study the issue and then to act in the best interest of the community. Mayor Place said
Representative Clements had just called her and said he is willing to support legislation to
give cities land use powers on gambling through the Gambling Commission. He had a bill
4
JUNE 18, 2002
last session, House Bill 2946, that passed the House but did not get a hearing in the Senate.
He also said he would be willing to sit down with us to help the City deal with the issue. Mrs.
Swanson said that last week on the radio Council Member Puccinelli fully agreed that an
increase in crime is one of the real problems associated with gambling. She hoped that
awareness of this problem and the willingness to look at the research will cause the Council
to vote for this moratorium.
Tess Taylor, 3005 Castlevale Road #45, spoke in support of the moratorium.
Fred McMillen, 804 Minnesota Drive, Tieton, asked if the moratorium affected the gaming
already in place and was told it does not. It was explained that it puts a hold on the existing
card rooms allowing the City to study what other cities are doing and it will not allow more
card rooms to be open during the moratorium. He then agreed with the moratorium.
Crystal Kahlamet, 204 South 49th Street, wanted to respond to all those who were
speaking negatively about alcohol abuse and drinking and driving problems they say are
related to casinos. She invested her own time and money taking classes for the job in a
casino and cares about her customers. She makes sure they do not drive home drunk.
Cabs are called for them. All of the casino employees watch for that. Council Member
Puccinelli agreed that anyone who serves alcohol in the state of Washington had to take
classes to get their liquor license. He pointed out that if someone leaves the premises and
is given a DUI citation, the server can be held personally responsible. The liquor laws in this
state are very specific about over-serving, and the burden is on the servers.
Lumi Lauden, 822 North 51st Avenue, said she appreciates the plight of the casino
employees as jobs are scarce. She also agreed that casinos are very safe, but what we’re
not seeing is what is happening at home. It’s not what you’re seeing in the casinos that is
the safety issue, it’s the people coming home late and kids being left alone; we’re not seeing
the hidden costs to our society.
Ken Parsley, 710 North 2nd Street, said he has heard a lot of comments regarding the lack
of morality involved in this issue and that’s a very important concern. How do we as leaders
in our community deal with the moral issues? Listening to Council Member Puccinelli’s
comments about the serving of alcohol he was reminded that each person who serves that
alcohol has made a legal and moral decision as to how much that person gets to drink. The
gambling issue is a similar decision. It’s just as valid for us as a community to say, yes, there
are legal issues concerning this, but all of them have a moral base and to ignore that is to
ignore the personal and family value of our community. Each of us in leadership roles have
concerns about people’s jobs and livelihood, but we have to look at the larger picture, the
moral issue, what is the right thing and what is wrong thing to do. He urged Council to have
the courage to make a moral decision, which is their legal responsibility.
Lynne Kittelson, 305 North 9thStreet, is concerned about the comment that we need jobs.
We need to distinguish between service level jobs at lower pay and family wage jobs that
are higher pay and support a family. She recommended looking at some of the definitions
as well. She was not sure whether the casino on Nob Hill is a casino, a mini casino, or a
card room. She also recommended there be clarification of our land use and cited
examples. She thinks we need to have economic development here and that one of the
major reasons people in this area say that we are not business friendly is because we don’t
have policies that govern. She said the same is true for gambling, we need a policy. She
supports the moratorium and recommends the Council develop a policy that is consistent for
when it comes to getting a license.
5
JUNE 18, 2002
Mike Davis, 4964 Pearview Drive, spoke about the previous comments made about this
being a moral decision. He referred to Jesus Christ turning water into wine and his
comments about all things in moderation. He said evil doesn’t lie within the liquor itself but
in what a free man chooses to do. He supports the moratorium but doesn’t think the plan
should be to eliminate card rooms. He thinks Yakima should take advantage of what is
inevitable and make sure they get the tax dollars to support their local programs. He
supports the moratorium on new casinos and card rooms, but doesn’t think there is large
enough economic appetite to adequately support the current number of card rooms as well
as bingo. He supports this opportunity to allow existing casinos to compete without the
hindrance of others that operate just across the County line such as the proposed casino
and horseracing track at the Fairgrounds. Although he feels that competition crushers such
as raising the gaming tax, not allowing slot machines, or a sunset clause demanding the
existing casinos be shut down after a period of time, would only send badly needed funds
and tax dollars away from Yakima and into other municipalities. He acknowledged one
group of people that don’t want to be annoyed by the casinos, but said there are hundreds
of families that depend on their jobs and people who depend on the tax revenue that
supports police and fire. He recommends limiting the number of casinos within the city.
Council Member Puccinelli questioned Mr. Davis’ motives and asked if he would really be
comfortable with the government stepping in and regulating the number of businesses
allowed to operate. Mr. Davis restated that he would like to eliminate the things that would
impact fair competition. When asked by Council Member Sims what organization he was
affiliated with, Mr. Davis replied that he is the Finance Director at the Caribbean Casino.
Collette Musil, 609 West Holm Avenue, Manager of the Caribbean Casino, said she
supports the moratorium. She believes Yakima has reached saturation on casinos and
cannot support another house-banked card room. It was her opinion that if more are
allowed it will not create new gamblers, but will put existing casinos out of business.
Mayor Place closed the public hearing
Mayor Place advised she had spoken with Yakima County, Selah and Union Gap to
schedule time to discuss jurisdiction issues. Union Gap is holding a study session on this
subject and Council Member George will represent Yakima. Selah advised they will be
passing a type of moratorium. Council Member George discussed the advantages and
disadvantages of three months versus six months for the moratorium. He preferred six
months noting it could end early if they were able to accomplish their study in less than six
months. He believes it is our duty to develop a policy and, with citizen input, determine
where future casinos can best be located. He strongly favors a Class-3 review. He clarified
that this is not about banning casinos, or about putting existing ones out of business, or
raising taxes or allowing slot machines; but it is about establishing a policy so when future
applicants come to the city they know they have to go through a Class-3 review on location.
GEORGE MOVED AND BUCHANAN SECONDED TO AMEND THE ZONING CODE TO
REQUIRE CLASS 3 REVIEW FOR CERTAIN SOCIAL CARD ROOMS. Mayor Place
advised that we have received an application from Pete’s, therefore they would not fall
under this Class-3 Review rule. Council Member Mattson said he would like to see video
gaming terminals added to the definition for social card rooms. He said if the state supplies
any guidance as to what video gaming terminals are he would like to see that added to our
legislation as a pre-emptive move. Mayor Place advised that in her conversation with
Representative Clemens he said he does not know if the votes are there for the video
gambling. If they are, his proposal would include a local vote to decide ourselves if we wish
to go forward. Council Member Puccinelli agreed with Council Member Mattson’s
6
JUNE 18, 2002
suggestion of dealing with this issue up front but said it’s important to remember that this will
also be enforced against the non-profits. There are some non-profits right outside the city
limits that may be allowed to use the video terminals and that would break the City’s non-
profits if one guy could have them and others could not. Discussion on slot machines and
video gaming terminals continued. MATTSON MOVED TO AMEND THE DEFINITION OF
SOCIAL CARD ROOMS TO INCLUDE VIDEO GAMBLING AND SLOT GAMBLING.
Council Member Puccinelli thinks Council should wait to see what legislation is passed
before making this motion. Paul McMurray, Assistant City Attorney, said his concern would
be if the state passes the law and has a totally different definition then the City would have
to change the Municipal Code. For logistical reasons the Council may want to wait until the
state does something before adding it to the provisions. Ken Harper, attorney for the City,
clarified that under state law social card game means a card game that constitutes
gambling. If Council wants to pull in other matters like video gaming or slots, it would have
to be defined by local ordinance. COUNCIL MEMBER MATTSON WITHDREW THE
AMENDMENT. The question was called for a vote on the original motion. It was
clarified that the motion would take effect take in 30 days. The motion carried by a
unanimous voice vote.
MATTSON MOVED AND SIMS SECONDED TO HAVE LEGISLATION DRAFTED
AMENDING THE URBAN AREA ZONING ORDINANCE ADDING THE DEFINITION TO
INCLUDE VIDEO ELECTRONIC GAMING AND SLOTS MACHINES AS A COMPONENT
OF SOCIAL CARD ROOMS EXCLUDING GAMING ROOMS AND IMPOSE A CLASS 3
REVIEW. Council Member Puccinelli again stated that we don’t know what the state is
going to do and as a result we may have no authority at all. There was further discussion
about what the impact would be if Washington followed Oregon’s example and included
video gaming in the state lottery. Ken Harper agreed that there is an essential distinction
between governing land uses and governing gambling activities. If the Council would like to
extend the definition of social card rooms to include various types of gaming and regulate
that as a land use, that would be legally permissible. The difficulty comes up if Council
wants to regulate certain types of gaming. That’s where the state has completely pre-
empted the field. The goal is to pre-empt the slot machines from slipping in
7
JUNE 18, 2002
without a community review. He thinks the moratorium should give us time to find out what
will be happening with electronic gaming machines. The discussion continued. The
question was called for a vote on the motion. The motion carried by a 6-1 voice vote,
George voting nay.
The City Clerk read the ordinance by title only, GEORGE MOVED AND BUCHANAN
SECONDED TO APPROVE THE ORDINANCE. City Manager Zais requested that when
the Council members state their position they clarify any findings of fact and conclusions
individually so they may be incorporated to come back for independent adoption.
BARNETT MOVED AND PUCCINELLI SECONDED TO AMEND THE MORATORIUM
FROM SIX MONTHS TO 90 DAYS. Council Member Puccinelli re-emphasized his point
that this is only “feel-good” legislation because the state said they would issue licenses
anyway. He feels the Council should be able to come to a conclusion in 90 days. Council
Member Mattson said he was originally in support of a 90-day moratorium but after realizing
the community discussion that needs to take place has changed to support a six month
moratorium. The question was called for a vote on the amendment to the motion. The
motion failed 5-2, Mattson, Place, Buchanan, Sims, and George voting nay.
The question was called for a vote on the original motion.
Mayor Place voted aye stating we need to talk with the other jurisdictions close to us
and with Representative Clemens and have him put together legislation that we might
bring to the State Legislature, and to obtain definitions for video gaming and other items.
Mr. McMurray clarified they would bring to the next Council meeting formal findings of
fact for Council to pass.
Council Member Puccinelli voted nay, again stating he feels it is “feel-good”
legislation, and that closing down all casinos would not stop a gambling problem as the
people would just go to the Nation. He said holding this up for six months is not allowing
new card rooms in and we are also holding up revenue that fully goes to the police and
the courts.
Council Member Sims voted aye, saying all the facts have been listed.
Council Member Barnett voted nay, saying he thought six months was too long.
Council Member Buchanan voted aye, agreed with the findings listed, and feels the
City Council needs to adopt a policy for future legislation.
Council Member George voted aye and said he thinks there is ample reason for the full
six months and if not we can terminate the moratorium earlier.
Council Member Mattson voted aye stating the community, and the region, needs
more dialogue on this issue. As a community we care where gambling facilities may
locate within our city and, finally, we would like to exercise our police power to the fullest
extent of the law.
The motion carried by a 5-2 roll call vote.
ORDINANCE NO. 2002-37, AN ORDINANCE of the City of Yakima, Washington, adopting
a six-month moratorium on the filing and acceptance of development applications for, and
the location of, land uses operating or conducting certain social card games (i.e., house-
banked card rooms); exempting land uses for which a development application was pending
upon the effective date of this ordinance or which were legally in existence at such time;
providing that the moratorium shall be in effect for six months; through January 20, 2003;
and providing that violation of the moratorium is a misdemeanor.
8
JUNE 18, 2002
CITY MANAGER'S REPORTS
8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE YMCA TO OPERATE MILLER POOL FOR THE 2002 SUMMER SEASON
Denise Nichols, Parks and Recreation Manager, explained that some community
members have come forward and raised the money to open Miller Pool and the YMCA has
agreed to operate the pool for the summer. Contributions will be accepted throughout the
season. As part of the fundraising effort, Council Member Puccinelli agreed to have his
head shaved if funds were raised to open the pool; therefore this event is scheduled for
July 8, 2002. Council Member Mattson commented that another outcome from the Miller
Pool issue is a long-term effort to look at our water-based recreation needs. 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-2002-71, A RESOLUTION authorizing the City Manager of the City
of Yakima to execute an agreement between the City of Yakima and the Young Men’s
Christian Association for the operation and maintenance of the public swimming pool at
Miller Park during the summer of 2002.
9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDED AGREEMENTS FOR VARIOUS
COMMUNITY SERVICE PROJECTS
Bill Cobabe, Office of Neighborhood Development Manager, explained that for the past
few years the City participated in sharing block grant funds with community service
organizations. He reviewed the approval process and the recommendation for five
projects. Discussion ensued on the policy and selection process. The intent is to supply
start-up funding for programs and then they should be seek funding elsewhere for
subsequent years. He went on to describe the projects receiving funding this year; Best
Self, Yakima Schools Foundation, Success by 6, YWCA Multi-Organizational Domestic
Violence Intervention Team, and United Way “4 People”. Council Member Buchanan
expressed his opinion that this grant money would be better spent and benefit more
people if it was put toward rebuilding part of the irrigation system.
Irene Bazan, 24 South 3rd Avenue, represents the Youth Financial Fitness Program. She
said their request was denied and she outlined why she thought their program was more
deserving than some of those that were chosen. A number of students who previously
benefited from the program also spoke in support of the program. Council Member Sims
agreed that it is a good program and recommended they search other avenues for funding
such as Rotary.
Bill Cobabe, responded to a question about unused monies from previous years. He said
they just found out this week that some money is being returned and that it could be
reallocated for additional projects. He also said that the Youth Financial Fitness Program
has only spent half of their allocated money to date. They have been given a contract
extension in order to utilize that money through the end of December. They could also be
considered for reallocation of unspent funds. COUNCIL MEMBER SIMS MOVED AND
MATTSON SECONDED TO AUTHORIZE THE COUNCIL COMMITTEE TO REVIEW
THE APPLICATIONS FOR FUNDING USING FUNDS ALLOCATED FOR PROGRAMS
LAST YEAR BUT NOT SPENT. The motion carried by unanimous voice vote. The
9
JUNE 18, 2002
Clerk read the resolution by title only; SIMS MOVED AND MATTSON SECONDED TO
ADOPT THE RESOLUTION. Motion carried by 6-1 roll call vote, Buchanan voting nay.
10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT
TO THE HUD ECONOMIC DEVELOPMENT INITIATIVE GRANT PROGRAM FOR
COMMERCIAL DEVELOPMENT LOAN FUND
Council Member Puccinelli said he and Council Member Sims suggest the minimum dollar
amount per project be lowered from $500,000 to $250,000. This should help enable us to
use the money before it has to be turned back in. The City Clerk read the resolution by title
only, PUCCINELLI MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION.
The motion carried by unanimous roll call vote. PUCCINELLI MOVED AND SIMS
SECONDED TO ACCEPT OPTION A OF THE RESOLUTION. The motion carried by
unanimous voice vote.
*11. CONSIDERATION OF JOINT RESOLUTION WITH YAKIMA COUNTY RATIFYING A
GRANT APPLICATION AND AUTHORIZING EXECUTION OF FAA GRANT
AGREEMENT FOR AIRPORT SECURITY ENHANCEMENTS AND WILDLIFE STUDY
RESOLUTION NO. R-2002-74, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND
YAKIMA COUNTY ratifying an Application for Federal Assistance and Standard DOT Title
VI Assurances, and authorizing the execution and acceptance of a Grant Agreement for
Federal Assistance and Certificate of Sponsor’s Attorney between the Federal Aviation
Administration and the City of Yakima, Washington, and the County of Yakima,
Washington.
*12. CONSIDERATION OF RESOLUTION RATIFYING EXECUTION OF AGREEMENT WITH
DAVIS, OPFER AND RAAB ARCHITECTS FOR PROFESSIONAL SERVICE RELATING
TO FIRE STATION NO. 95 RENOVATIONS
RESOLUTION NO. R-2002-75, A RESOLUTION ratifying and authorizing execution of an
architectural services agreement between the City of Yakima and Davis Opfer Raab
Architecture, P.L.L.C., to develop specifications to complete construction of training facilities
and renovation of the living quarters of Fire Station No. 95 (formerly City of Yakima Fire
Station No. 5), 807 East Nob Hill Boulevard, Yakima, Washington.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH MAXIMUS FOR SITE ANALYSIS AND RECOMMENDATIONS FOR PUBLIC
WORKS DEPARTMENT
This item was removed from the agenda.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL
SERVICES AGREEMENT WITH THE 4TH OF JULY COMMITTEE
RESOLUTION NO. R-2002-76, A RESOLUTION authorizing the City Manager of the City of
Yakima to execute an agreement between the City of Yakima and the Yakima Fourth of July
Committee to provide a fireworks display on the evening of July 4, 2002.
*15. CONSIDERATION OF RESOLUTION APPROVING THE FIRST QUARTER 2002
CLAIMS ACTIVITY REPORT
10
JUNE 18, 2002
RESOLUTION NO. R-2002-, A RESOLUTION accepting and approving the 1st Quarter
2002 Insurance Claims Report.
*16. SET DATE OF CLOSED RECORD PUBLIC HEARING FOR JULY 2, 2002 ON THE
HEARING EXAMINER’S RECOMMENDATION TO APPROVE ALLEY RIGHT-OF-WAY
VACATION IN THE VICINITY OF NORTH 23RD AND LINCOLN AVENUES REQUESTED
BY PICATTI BROTHERS
July 2, 2002 was set as a date of closed record public hearing to consider the Hearing
Examiner’s recommendation to approve an alley right-of-way vacation in the vicinity of
North 23rd and Lincoln Avenues, requested by Picatti Brothers, Inc..
*17. APPROVAL OF REPORTS FROM FINANCE DEPARTMENT:
A. FIRST QUARTER 2002 TREASURY REPORT
The First Quarter 2002 Treasury Report was accepted.
B. APRIL 2002 REVENUE AND EXPENDITURE (BUDGET) REPORT
The April 2002 Revenue and Expenditure (Budget) Report was accepted.
ORDINANCES
*18. CONSIDERATION OF LEGISLATION TO IMPLEMENT THE YAKIMA METROPOLITAN
AREA MODEL (YMTA) UPDATE PROJECT:
A. RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES
CONTRACT WITH TMODEL CORPORATION
RESOLUTION NO. R-2002-78, A RESOLUTION authorizing and directing the City Manager
and the City Clerk of the City of Yakima to execute a Professional Services Contract with
TModel Corporation to conduct an update of the Yakima Metropolitan Area Transportation
model, in support of urban area and regional transportation planning and programming.
11
JUNE 18, 2002
B. FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND
APPROPRIATING FUNDS FOR UPDATE OF THE YMTA MODEL (NO ACTION
REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 7/2/02)
An Ordinance amending the 2002 budget and appropriating funds to implement the Yakima
Metropolitan Area Model Update Project, was read by title only, and laid on the table until July
2, 2002 for a second reading.
*19. SECOND READING OF ORDINANCE AMENDING THE 2002 BUDGET AND
APPROPRIATING FUNDS FOR PUBLIC FACILITIES DISTRICT DEBT SERVICE AND
OTHER COSTS RELATED TO THE EXPANSION OF THE YAKIMA CONVENTION
CENTER
ORDINANCE NO. 2002-38, AN ORDINANCE amending the 2002 budget for the City of
Yakima; and making appropriations of $480,000 within the 172-Public Facilities District
Revenue Fund for expenditure during 2002 to provide for debt service and other costs
related to expansion of the Convention Center.
*20. FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND
APPROPRIATING FUNDS FOR CONSTRUCTION OF BALL FIELDS AT KIWANIS
PARK (NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 7/2/02)
An Ordinance amending the 2002 budget and appropriating funds for construction of ball
fields at Kiwanis Park, was read by title only, and laid on the table until July 2, 2002 for a
second reading.
QUASI-JUDICIAL PUBLIC HEARING
21. CLOSED RECORD PUBLIC HEARING ON PRELIMINARY PLAT OF CREEKVIEW
(SOUTH 80TH AVENUE) REQUESTED BY HAM PROPERTIES, LLC, DEVELOPER
During disclosures, Council Member George advised that his son and his friends are
involved in this project and his request to be recused was granted. All other Council
members had nothing to disclose.
Ken Harper, attorney for the City, in describing what could take place in a closed record
public hearing, said that in the context of a preliminary plat review the record is limited to
what was presented to the hearing examiner. This matter went before the hearing
examiner and he made a decision. Today the legislative body acts on that decision. No
new testimony or documentary evidence is allowed. Any argument based on the record is
proper and allowable.
Bruce Benson, Senior Planner, described the Creekview project:
A 38 block preliminary plat located on the east side of South 80th Avenue, south of the
county park and west of the West Valley Middle School.
Comprised of two existing lots of record, added together they cover 10.5 acres of R-1
zoned property.
12
JUNE 18, 2002
Currently there are two existing homes on the property and they will remain within the
plat, each on a separate lot.
Technical review of the plat disclosed that all standards of the subdivision ordinance,
as well as the provisions of zoning ordinance which pertain to long plats, are in
compliance.
Transportation concurrency review was completed and indicated there is sufficient
capacity left within the surrounding streets to absorb the traffic from these 38 homes
and still remain at level of service A.
At the April 25, 2002 hearing, there were people who testified both for and against the
plat.
The hearing examiner verbally indicated he would recommend approval but would
require a four-foot wide paved walking pathway to be constructed across the plat’s
fringe on South 80th Avenue.
The Council discussed stormwater discharge and what requirements would be in effect
when the property is developed. There was further discussion about children walking in
the area and a recent conversation with the school district regarding an easement and the
possibility of putting in a gate to the school’s chain link fencing. There is hope that there
would be some kind of an agreement between property owners, the school, and the park
to address this issue in the future. The discussion lead to the potential of putting in a
pathway between lots 13 and 14 where there is a sixteen-foot easement for sewer. Mr.
Benson summarized that the hearing examiner issued a recommendation on May 15,
2002 to approve the preliminary plat and that staff recommends approval of the hearing
examiner’s recommendation.
Mayor Place opened the public hearing.
Bill Horton, 410 North 2nd Street, said there has been a lot of discussion about pathways
before the hearing examiner and he felt more compelled to have one along 80th Avenue.
He would recommend it be four feet wide asphalt as that’s where he felt children would be
catching a bus.
Denise Helms, 7709 Loren Place, expressed concern about the safety of students
walking on this street.
Mark George, 8104 Plath Avenue, lives directly across from the ingress and egress of this
development and expressed safety concerns. He said he didn’t agree with the traffic study
done for the development and specifically didn’t agree with only one route in and out of the
development. He urged Council to consider the safety aspects.
Discussion continued between the Council members and Mr. Horton regarding the
potential of putting in a pathway using the sewer easement.
Mayor Place closed the public hearing
13
JUNE 18, 2002
MATTSON MOVED AND BUCHANAN SECONDED TO ACCEPT THE HEARING
EXAMINER’S RECOMMENDATION WITH THE ADDITIONAL CONDITION THAT
BETWEEN LOTS 13 AND 14 IN THE SOUTH EAST CORNER OF THE PLAT A FIVE
FOOT ASPHALT PATH BE CONSTRUCTED, OVER THE SIXTEEN FOOT SEWER
EASEMENT, AND THAT IT BE CONTROLLED BY BOLLARDS AT ONE END AND A
GATE ON THE OTHER. The motion carried by unanimous roll call vote, George recused.
22. OTHER BUSINESS
City Manager Zais explained that the publication of the agenda can now be found in the
Legal section of the Yakima Herald. Because of the need to ensure there is public notice on
hearings etc., it was determined it would be a more prudent method of ensuring the agenda
is published and there is an official record of that publication. There are no guarantees
when it is put in as a public service announcement.
Information Items
Items of information provided to Council were: 6/5/02 invitation to June 19, 2002 public
meetings on redevelopment of Kiwanis Park; Notice of cancellation of June 19, 2002
Community Review Board meeting; 6/7/02 Letter transmitting Preliminary April 1, 2002
Population Determinations; Planning Division Assignments Pending Report as of June 17,
2002; Article from June 7, 2002 Wenatchee World, “NCW Kids show high lead levels”;
June/July 2002 Hanford Update; and First Issue of The Yakima Air News from the Yakima
Regional Clean Air Authority.
23. EXECUTIVE SESSION
BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION
TO DISCUSS PENDING LITIGATION FOLLOWED BY ADJOURNMENT THEREAFTER
TO JULY 2, 2002 AT 1:30 P.M. IN THE COUNCIL CHAMBERS FOR WELCOME
CEREMONY FOR MORELIA SISTER CITY DELEGATION. The motion carried by
unanimous roll call vote.
24. ADJOURNMENT
Following the Executive Session, the meeting adjourned at 6:30 p.m.
READ AND CERTIFIED ACCURATE BY:_______________________________________
COUNCIL MEMBER DATE
______________________________________
COUNCIL MEMBER 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
14
