Loading...
HomeMy WebLinkAbout01/20/1998 Business Meeting 48 CITY OF YAKIMA, WASHINGTON JANUARY 20, 1998 BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 p.m., in the Council Chambers of City Hall, Yakima, Washington, Mayor John Puccinelli, presiding. Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, Mary Place, and Bernard Sims present on roll call. City Manager Zais, Assistant City Attorney Peterson, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Council Member Buchanan presented service awards to retiring Police Department personnel, as follows: Captain Pete Adkins 27 years Sergeant Howard Cyr 30 years Officer Bill Dizmang 29 years It was MOVED BY PLACE, SECONDED BY BARNETT, TO APPOINT VICTOR LARA TO THE BOARD OF LIBRARY TRUSTEES. The motion carried by unanimous voice vote. Council Member Barnett discussed the Federal Register relating to Storm Water Management, expressed his concerns, and offered to attend a hearing on this issue in San Francisco in March. 4. CONSENT AGENDA Mayor Puccinelli referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. It was the general consensus to add Items Nos. 9 and 18A (off - agenda item) and to remove Item No. 11 from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. 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.) 49 JANUARY 20, 1998 5. PUBLIC MEETING TO CONSIDER THE REZONE OF PROPERTY IN VICINITY OF WEST POWERHOUSE AND PECK'S CANYON ROAD REQUESTED BY LARRY BRADER This being the time set for a public meeting on the rezone of property requested by Larry Brader, Bruce Benson, Associate Planner, reviewed the statistics in the staff report. This is a request for the rezone of 3.5 acres to M -1 and R -3. The property is located along Powerhouse Road, between M -1 and R -3 property. This property would be used in connection with two previously rezoned properties. The M -1 rezone request is non- project related. The R -3 portion will be merged with the mobile home park as a housekeeping matter. Staff recommends accepting the Hearing Examiner's recommendation to approve the rezone and to direct the Legal Department to prepare the appropriate legislation. Mayor Puccinelli and Council Members Beauchamp and Place disclosed they had visited the property. Mr. Benson verified this property is located adjacent to the mobile home park, but was not included in that rezone because the property did not belong to the applicant at that time. Council Member Beauchamp asked if that rezone was to be a " senior" park. Larry Brader, applicant, stated it is a " family" park, not a " senior" park. Assistant City Attorney Peterson directed Council's attention to page 4 of the Hearing Examiner's recommendation which states that apparently when the mobile home park project was brought forward for Class 2 approval and rezone, there was an error regarding the legal description to the site plan of the project. The site plan of the project was correct, however, the legal description left out 50' of property. For this reason, he stated it may be relevant in some respects to inquire into the original rezone. Following discussion regarding Council's recall of conditions placed on the original rezone, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO CONTINUE THE PUBLIC MEETING WITH REGARD TO THIS REZONE TO MARCH 3, 1998: Council Member Barnett asked what information is requested to cause the continuation of this public meeting. Council Member Sims stated he hears concern from the Council that the applicant may not be developing the project as it was approved. He thinks Council should be informed as to what was approved and staff should bring back the conditions and agreement that pertain to the previous rezone. Phil Lamb, Hearing Examiner for this proposed rezone, but not the previous rezone for the mobile home park, stated that although Council may want to inquire about whether the conditions of the previous rezone are being met, this rezone is for property next to the park. The site plan presented to the Council did not match with the legal description and this action would correct that error. The bulk of this rezone, 90% of it, is for M -1 property and deserves to be considered on its own merits. He stated that his record reflects testimony from some of the neighbors who were • 2 50 JANUARY 20, 1998 concerned about the mobile home park and may have mentioned that it is a legitimate issue, but is not germane to the rezone issue. He recommended Council consider the rezone and then meet with staff regarding the mobile home park. Mr. Peterson stated the issue before Council is the application to take this property and make it part of the R -3 and make part of it M -1 property. The motion before Council is to delay action on the request until March 3. Bill Horton, 410 North 2nd Street, planning consultant representing Mr. Brader, stated they presented a site plan to the Council and the Hearing Examiner. After the property was surveyed, they discovered the occupation line did not match the legal description, and would leave the west property line in the orchard. Instead of dealing with the encroachment of their property, they shifted the project to the east on the property they purchased. The question was called for a vote on the motion. The motion carried by 6 -1 voice vote; Barnett voting nay. 6. PUBLIC HEARING TO CONSIDER RIGHT -OF -WAY VACATION PETITION FILED BY HERSCHEL MCDONALD AND HELEN ROBERTS TO VACATE A PORTION OF RIGHT -OF -WAY IN THE VICINITY OF 1701 WEST YAKIMA AVENUE This being the time set for a public hearing to consider the right -of -way vacation requested by Herschel McDonald and Helen Roberts, to vacate a portion of right -of -way in the vicinity of 1701 West Yakima Avenue, Dan Valoff, Associate Planner, reviewed the statistics in the staff report. The applicants are requesting vacation of a 362 square foot triangular area of right -of -way along West Yakima Avenue, which has been improved by the applicants with lawn and shrubs. In exchange, Mr. McDonald wishes to convey to the City a 140 square foot section on the northwest corner of 16th and Yakima Avenue which is occupied by a traffic signal light standard and Mrs. Roberts wishes to convey a 17 square foot area in the southeast corner of her property on which the City sidewalk encroaches. The Hearing Examiner held a public hearing on December 11, 1997 and recommends approval of the right -of -way vacation. Staff concurs with the recommendation and requests Council to direct that the Legal Department prepare the appropriate legislation to approve the right -of -way vacation. Council Member Barnett commented that this would be a property exchange in lieu of compensation to the City. Council Members Place and Sims disclosed they visited the site. Mayor Puccinelli opened the public hearing for testimony. There being no citizen wishing to speak to this issue, the public hearing was closed. It was MOVED BY SIMS, SECONDED BY ,BEAUCHAMP, TO APPROVE THE HEARING EXAMINER RECOMMENDATION WITH REGARD TO THE RIGHT -OF -WAY VACATION REQUEST. The motion carried by unanimous voice vote. 3 51 JANUARY 20, 1998 7. AUDIENCE PARTICIPATION George Pechtel, 116 North 3rd Avenue, addressed the Council about the wastewater connection fee and the lawsuit that ensued with the Central Washington Home Builders Association. Although the lawsuit was dismissed because it was determined not to have . any standing, hp still has a couple of concerns. There are some single homes that would have to pay $35,000- $55,000 to hook up to the City because they are on large lots. He felt that rather than charge on the footage formula, the lot should be flagged for the higher connection fee if the property is later subdivided. His second concern is affordable housing. He suggested Council consider waiving any additional costs above the basic hook -up cost if a developer is building affordable housing to sell in the $65,000 - $70,000 range. City Manager Zais stated the appeal period for the lawsuit decision is still 1 open and it is unknown if an appeal will be filed. He stated that in the next month, Council will receive some proposed ; amendments for consideration to deal with large single lots. The fundamental premise is to prepare for growth and the elimination of the subsidy for growth. Chris Waarvick, Wastewater Superintendent, reported that assistance is being provided to low income areas, as evidenced by the King Street project. Robert Owen, 614 North 3rd Street, requested Council consider changing the City /County Relations Committee to a " committee of the whole." He further requested Council consider weekly Council meetings. He was advised that a Committee of the Whole would require meetings to be advertised and with only three members, they can meet informally. 8. CONSIDERATION OF REPORT FROM EARTH TECH CONCERNING • TRANSPORTATION ELEMENT OF THE YAKIMA URBAN AREA COMPREHENSIVE PLAN Dave Hussell, Street and Traffic Operations Manager, stated that last year there were a number of concerns expressed by the public on the Transportation Plan presented as part of the Comprehensive Plan. Council eliminated some of the original recommended actions of the Plan, which eliminated some development of 10th, 16th, and 32nd Avenues. He suggested that any questions or concerns be discussed in a future study session. He stated that before Council is a draft plan, and if approved, he would bring back formal legislation to adopt the plan. It was MOVED BY PLACE, SECONDED BY SIMS, TO HOLD A STUDY SESSION. Council Member Barnett questioned the necessity for a study session, asking what it would accomplish. Mr. Hussell stated it would allow staff an opportunity to address any questions, concerns, or additional recommendations of the Council. Bill Hambelton, 615 South 32nd Avenue, stated that 4 52 • JANUARY 20, 1998 this document goes back to the hearing on Growth Management on the chapters of transportation and capital funding. Mr. Hussell clarified that the original document contained recommendations for 10th, 16th and 32nd Avenues and were subsequently deleted; therefore, the costs for improvements was reduced from $60 million to $40 million. The question was called for a vote on the motion. The motion carried by 6 -1 voice vote; Barnett voting nay. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LEGISLATIVE SERVICES AGREEMENT REGARDING HOTEL /MOTEL TAX LEGISLATIVE PROPOSALS (RESOLUTION AND AGREEMENT AVAILABLE TUESDAY) RESOLUTION NO. R -98 -9, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Legislative Services Agreement with Jackie L. White for the purpose of obtaining legislative services regarding hotel /motel tax legislation. *10. CONSIDERATION OF JOINT RESOLUTION RENAMING YAKIMA INTERNATIONAL AIRPORT - MC ALLISTER FIELD TO YAKIMA AIR TERMINAL - -MC ALLISTER FIELD RESOLUTION NO. R- 98 -10, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY renaming the jointly owned airport " Yakima Air Terminal - McAllister Field." 11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CORRECTIONS DETENTION AGREEMENT WITH YAKIMA COUNTY FOR 1998 Council Member Place stated she removed this item from the Consent Agenda in order to say that she was pleased that this item was completed early and that the staff does good work. Police Chief Blesio accepted the compliment for Captain Adkins and Assistant City Attorney Paul McMurray. Council Member Beauchamp commented there is was a good consensus reached in this agreement. Resolution No. R -98 -11 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 98 -11, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the city of Yakima to execute an Interlocal Corrections /Detention Agreement with Yakima County for the provision of jail detention services during 1998. 5 53 JANUARY 20, 1998 *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH BLACK AND VEATCH FOR COMPLETION OF WATER FINANCIAL MODELING SOFTWARE RESOLUTION NO. R- 98 -12, A RESOLUTION authorizing execution of a contract with Black & Veatch, for engineering /financial services related to further development and completion of financial modeling software, initiated in 1996. ' *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH NADINE SMITH, R.N. FOR SUBSTITUTE FOOTCARE SERVICES AT THE SENIOR CENTER RESOLUTION NO. R- 98 -13, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Nadine Smith, R.N.; to provide footcare services at the Yakima Senior Center. *14. CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY AT 15TH AND RACE STREETS FOR SEWER LIFT STATION RELOCATION RESOLUTION NO. R- 98 -14, A RESOLUTION authorizing the City Manager and the City Clerk to execute a purchase and sale agreement, and to take such other steps as may be necessary and prudent to acquire 8,000 square feet of property in the vicinity of the intersection of South 15th Street and East Race Street for a sewage lift station. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT LOAN PROGRAM AGREEMENT AND AWARD OF CONTRACT RESOLUTION NO. R -98 -, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an Agreement with the Washington Association of Minority Entrepreneurs, Inc., a nonprofit corporation, for the purpose of administering, managing, and overseeing Yakima's participation in the Washington State Department of Community, Trade and Economic Development's Development Loan Fund Minority and Women- Owned Business Loan Program. *16. APPROVAL OF FINAL CONTRACT PAYMENT FOR FIRE TRAINING FACILITY (STANDARD MOTION V -B -- ACCEPT PROJECT AND APPROVE FINAL PAYMENT) The report from the consulting architect, Davis Opfer Raab, dated December 12, 1997, with respect to the completion of the work on the Yakima Fire Department Fire Training Facility Project, performed by Don J. McMillin Constructors, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 6 54 JANUARY 20, 1998 17. CONSIDERATION OF ORDINANCE REGARDING TEMPORARY ADULT ENTERTAINMENT LICENSE FEES Prosecuting City Attorney West stated this ordinance was prepared pursuant to Council direction to raise the adult entertainment fees to $1,000. Council Member Beauchamp suggested amending the ordinance to increase the fee to $1,500 and to increase the managers and entertainers fees from $100 to , $250. Mr. West advised the Council the fee is regulatory and, therefore, must be based upon the cost to regulate the businesses. He stated the $1,000 and the $100 fee fell mid -way in the range other jurisdictions are charging to regulate similar businesses; the highest amount charged was $1,750. He stated he canvassed other jurisdictions because the City did not have any recent experience with these types of establishments upon which to base a regulatory fee. Ordinance No. 98 -2 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. The motion carried by 6 -1 roll call vote; Beauchamp voting nay. Council Member Beauchamp . stated he believes the fee should be a higher amount. ORDINANCE NO. 98 -2, AN ORDINANCE relating to licenses and business regulations; imposing license fees for operators, managers, and entertainers; and amending Sections 5.30.020, 5.30.060 and 5.30.070 all of the City of Yakima Municipal Code. 18. OTHER BUSINESS *A. NOTICE OF INTENT TO COMMENCE ANNEXATION OF AHTANUM ROAD ANNEXATION (VICINITY OF YAKIMA AIR TERMINAL) (ACCEPT STANDARD MOTIONS A & B) January 20, 1998 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Westwood West Corporation; John R. & Judy L. Hartshorn; and the State of Washington, Department of Fish and Wildlife. The annexation proposed by the above parties was accepted by the City of Yakima, and the area to be annexed was required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. City Manager Zais briefed the Council about a meeting held with Crystal Linen. February 3, 1998, 7:30 a.m., was set as the date and time to conduct a study session on the Earth Tech report. (Item No. 8) 7 55 JANUARY 20, 1998 Information Items: Items of information provided to Council were: Council meeting schedule for the week of January 19 -26, 1998; City of Yakima Hearing Examiner Agenda. 1/22/98; Report on Damage Claims Filed During the II/ Fourth Quarter of 1997. 1/15/98; Assignments Pending in the Planning Division, January 21, 1998. 1/08/98; and YVCOG Executive Committee Meeting Agenda for January 20, 1998. 1/12/98 19. ADJOURNMENT It was MOVED BY KLINGELE, SECONDED BY SIMS, TO ADJOURN THIS MEETING AT 3:26 P.M., TO FEBRUARY 3, 1998 AT 7:30 A.M. The motion carried by 6 -1 voice vote; Barnett voting nay due to the 7:30 a.m. meeting time. READ AND CERTIFIED ACCURATE BY: 4 . , i ✓.L 4 /0 L @ COUNCIL MEMBE' DATE COUN,' MEMBER DATE ATTEST: CITY CLERK OH PUCCINELLI, MAYOR An audio and video tape of this meeting are available in the City Clerk's Office • 8