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HomeMy WebLinkAbout02/06/2001 Business Meeting 10:4 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL FEBRUARY 6, 2001 - 2:00 P.M. COUNCIL CHAMBERS - 129 NORTH 2 STREET 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, 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 Beauchamp gave an invocation, followed by the Pledge of Allegiance led by Council Member Puccinelli. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL PRESENTATION A. PROCLAMATIONS • RELIGIOUS FREEDOM DAY Mayor Place read a proclamation declaring February 18, 2001 as Religious Freedom Day in Yakima. Reverends Thomas R. Royce and Fred Wilson accepted the proclamation and expressed their appreciation. • YAKIMA'S PROMISE Mayor Place read a proclamation declaring that beginning February 6, 2001 Yakima will become a "Community of Promise" and asked citizens to pledge service and volunteer actions to the community. Kim Pualani, Mary Hernandez, and Bill Cobabe accepted the proclamation. 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. The January 16, 2001 Business Meeting minutes in Item 4A and Item No. 13 were removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND BUCHANAN SECONDED TO APPROVE 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.) 1 FEBRUARY 6, 2001 10.5 *A. APPROVAL OF THE MINUTES OF THE DECEMBER 5 AND 19, 2000 BUSINESS MEETINGS, JANUARY 9, 2001 BUSINESS MEETING, AND JANUARY 16, 2001 ADJOURNED MEETINGS The minutes of the December 5 and 19, 2000 Business meetings, January 9, 2001 Business meeting, and January 16, 2001 Adjourned meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. Council Member Barnett requested a change in the January 16, 2001 Business Meeting minutes. He said on page 9 his request to delete the first whereas in the ordinance should have been to delete the words "and the Joint Board" from the first whereas in the ordinance. 5. AUDIENCE PARTICIPATION Wylie Mills, saying he recently purchased property at 17 West Yakima Avenue, gave his opinion about the property being improperly zoned. He requested Council to support the position of having it properly zoned to B -1 so that he may develop it into office space. City Manager Zais commented that Mr. Mills had filed litigation on this issue therefore the topic is more appropriate for an executive session. However, he explained the legal process for dealing with rezones. Bill Hambleton, 615 South 32 Avenue, apologized for a word he misspoke during the January 16, 2001 Business meeting. CITY MANAGER'S REPORTS 6. APPOINTMENT OF COUNCIL REPRESENTATIVE TO THE POLICE RESERVE OFFICERS' BOARD OF TRUSTEES Council Member Mattson volunteered to serve on this Board and was duly appointed to the position. *7. CONSIDERATION OF RESOLUTION AMENDING THE FOUR -PARTY AGREEMENT WITH UNION GAP AND TERRACE HEIGHTS TO APPROVE MAP AMENDMENTS RESOLUTION NO. R- 2001 -14, A RESOLUTION authorizing the mayor to execute an Agreement to Amend the Agreement for Wastewater Treatment and Disposal Service as requested by the City of Union Gap and the Terrace Heights Sewer District. 2 106. FEBRUARY 6, 2001 *8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF QUIT CLAIM DEED TO RELEASE CITY'S INTEREST IN AN UNIMPROVED EASEMENT PREVIOUSLY GRANTED BY EUCLID AND LEONE GAMACHE RESOLUTION NO. R- 2001 -15, A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute a Quit Claim Deed releasing the City's interest in an unimproved access easement. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA COUNTY SUBSTANCE ABUSE COALITION FOR AFTER - SCHOOL PROGRAMS FOR YOUTH AT RISK RESOLUTION NO. R- 2001 -16, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "2001 Agreement Between the City of Yakima and the Yakima County Substance Abuse Coalition, Inc." to provide supervised after school recreational activities /programs for youth at risk. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH EAST VALLEY FIRE DISTRICT #4, YAKIMA COUNTY FIRE DISTRICT #11, AND CITY OF UNION GAP FOR TECHNICAL RESCUE EQUIPMENT AND SERVICES RESOLUTION NO. R- 2001 -17, A RESOLUTION authorizing the execution of a Technical Rescue Interlocal Agreement with East Valley Fire District No. 4, Union Gap Fire Department, and Yakima County Fire District No. 11, Broadway. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL FOR MODIFICATIONS TO THE WASTEWATER TREATMENT PLANT RESOLUTION NO. R- 2001 -18, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an Agreement for professional engineering services with CH2M Hill, Inc. *12. CONSIDERATION OF RESOLUTION AUTHORIZING PURCHASE OF GARAGE VEHICLE LIFTS RESOLUTION NO. R- 2001 -19, A RESOLUTION authorizing the purchase of two portable above - ground vehicle lifts from Talon Industries, Inc. for a purchase price not to exceed $43,150.00 (plus sales tax) as pollution control equipment not requiring a bid process. 3 FEBRUARY 6, 2001 O 7 13. CONSIDERATION OF RESOLUTION SETTING PRINCIPAL AMOUNT OF REVENUE BONDS FOR APPLE TREE SEWER PROJECT Kay Adams, City Engineer, advised the outcome of a recent bid opening on this project, noting there were a number of very low bids. The low bid came from Apollo, Inc. at $671,789.48. After discussion as to why the bids were lower than expected, Council Member Sims suggested looking into the irrigation project to take advantage of these reduced prices. City Manager Zais commented that there are a number of construction projects on the threshold that may be able to take advantage of this pricing. The City Clerk read the resolution by title; BUCHANAN MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. Council Member Puccinelli interjected that this project is going to open up West Valley allowing new business and improving property values. He commented that the City is not investing this money for them [West Valley residents] to form another city, but it is for the betterment and growth of the whole region. RESOLUTION NO. R- 2001 -20, A RESOLUTION fixing the principal amount of the City's junior Tien water and sewer revenue bonds, 2001 and ratifying certain acts and proceedings. *14. CONSIDERATION OF RESOLUTION ESTABLISHING A POLICY RELATING TO REFUSE SERVICE TO ANNEXED AREAS RESOLUTION NO. R- 2001 -21, A RESOLUTION relating to collection of residential solid waste from properties annexed since 1995, and declaring the City of Yakima's policy to decide, on a case by case basis, whether to provide solid waste collection service to residences in such annexed areas immediately upon expiration of the RCW 35.13.280 franchise period, or whether to delay assumption of such responsibility until necessary personnel, equipment, and routes can be economically provided, in reliance upon the automatic reinstatement of the WUTC authority under which such areas were served before annexation. *15. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR ALPINE AUTOMOTIVE TO INSTALL NEW SIGN ON EXISTING POLE AT 213 SOUTH 3 AVENUE The right -of -way use permit to install a new sign on an existing pole at 313 South 3rd Avenue, requested by Alpine Automotive, was approved. 4 108 FEBRUARY 6, 2001 ORDINANCES 16. CONSIDERATION OF REPORT FROM DARC AND LEGISLATION REQUESTING NON - ENFORCEMENT OF DOWNTOWN PARKING ON WEEKENDS • DARC Chairman explains proposal Jar Arcand, Co- Chairman of the Downtown Area Redevelopment Committee (DARC), informed Council that at their meeting they passed a motion recommending free parking downtown on weekends. He explained how DARC came up with this proposal detailing their history from forming an LID to develop parking lots to their recent suggestion of allowing Saturday parking during the Christmas holidays. He said the problem of downtown employees taking up core business district parking is not as large a problem on Saturdays, therefore, there should be enough parking space without having to utilize parking enforcement. He suggested Council look at the Saturday parking revenue lost as an investment to revitalize the downtown area. Mr. Arcand said that one of the areas impacted by the loss of revenue from the parking lots would be Parks and Recreations money for maintaining the downtown. DARC is actively seeking different means and ways to continue their support to Parks and Recreation for that purpose. Wylie Mills, 17 West Yakima Avenue, described a recent parking experience and expressed his opinion that people coming to Yakima to do business should get free parking and only employees should be charged for parking. • Finance Director outlines options Rita Anson, Director of Finance and Budget, explained the four alternatives; A) maintain two parking enforcement officers covering Monday through Saturday, B) two parking enforcement officers working Monday through Friday, C) one parking enforcement officer working Monday through Friday, and D) no parking enforcement provided. There was discussion on alternatives B and C. The City Clerk read the ordinance by title; BARNETT MOVED AND SIMS SECONDED TO SELECT OPTION B, TWO PARKING ENFORCEMENT OFFICERS WORKING MONDAY THROUGH FRIDAY AND TO PASS THE ORDINANCE. Council Member Puccinelli said if there were to be two enforcement officers they should spend more time in the west side of town and possibly expand into neighborhood areas. Council Member Mattson expressed concern about the aggressiveness of parking enforcement if there are two officers. Ms. Anson requested following up on that subject at a later meeting to get Council direction on how aggressive the officers should be in enforcing the parking ordinances. Jerry Henderson, past President of the Westside Merchant's Association, assured Council Member Puccinelli that enforcement on the west side has increased and the merchants are now satisfied. The question was called for a vote on the motion. The ordinance carried by unanimous roll call vote. 5 109 FEBRUARY 6, 2001 ORDINANCE NO. 2001 -3, AN ORDINANCE relating to public safety and morals; allowing free parking in the Central Business District on Saturdays, and amending sections 9.50.080 and 9.50.215, and repealing section 9.50.072; all of the City of Yakima Municipal Code. 17. CONSIDERATION OF ORDINANCE APPROVING AMENDMENTS TO THE URBAN AREA COMPREHENSIVE PLAN Bill Cook, Director of Community and Economic Development, introduced the legislation to enact changes to the Comprehensive Plan that were recently discussed in the closed record public hearing. There was discussion about zoning changes as they relate to the Comprehensive Plan and the Growth Management Act. It was suggested that if Mr. Mills wanted a rezone on his 17 West Yakima Avenue property he would need to get a comprehensive plan amendment to the Future Land Use Map during the amendment cycle this year. The City Clerk read the ordinance by title; BUCHANAN MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2001 -4, AN ORDINANCE concerning land use regulation and comprehensive planning, and: (1) amending the Yakima Municipal Code to establish a new chapter 15.30 to provide an Airport Safety Overlay, instead of the existing Airport Overlay District; (2) amending Table 5 -2, "Subdivision Requirements," incorporated in YMC 15.05.030(A); (3) amending Table 4 -1, "Permitted Land Uses," incorporated in YMC 15.04.030; (4) amending YMC 15.10.010; (5) amending YMC 14.25.040(B); and amending the Future Land Use Map of the Yakima Urban Area Comprehensive Plan. *18. CONSIDERATION OF LEGISLATION RELATING TO MUNICIPAL COURT A. RESOLUTION CREATING SECOND FULL -TIME MUNICIPAL JUDGE POSITION RESOLUTION NO. R- 2001 -22, A RESOLUTION creating a second full time City of Yakima Municipal Court Judge position. B. RESOLUTION CONFIRMING APPOINTMENT OF SUSAN WOODARD AS A MUNICIPAL COURT JUDGE RESOLUTION NO. R- 2001 -23, A RESOLUTION confirming the appointment of Susan J. Woodard as City of Yakima Municipal Court Judge. C. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN TO DELETE COURT COMMISSIONER POSITION AND ADD MUNICIPAL COURT JUDGE ORDINANCE NO. 2001 -5, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective March 11, 2001; amending Subsections 2.20.100 A, 2.20.100 B, 2.20.110 A, and 2.20.110 B, all of the City of Yakima Municipal Code. 6 110 FEBRUARY 6, 2001 Although this item was on consent, Council members expressed their support and appreciation of Susan Woodard and noted her swearing in would be held Thursday morning, February 8, 2001 at 8:00 a.m. *19. SECOND READING OF ORDINANCE AMENDING THE 2001 BUDGET AND APPROPRIATING FUNDS FOR THE DOWNTOWN RESIGNALIZATION PROJECT An ordinance amending the 2001 Budget and appropriating funds for the downtown resignalization project having been read by title only at the previous meeting, was brought to the Council for a second reading. ORDINANCE NO. 2001-6, AN ORDINANCE amending the 2001 budget for the City of Yakima; and making an appropriation of $2,800,000 in the 142 - Arterial Street Fund during 2001 to implement the "Yakima CBD Signal and Traffic Flow Enhancement Project ". PUBLIC HEARINGS 20. CLOSED RECORD PUBLIC HEARING ON APPEAL FILED BY BRESSLER OUTDOOR ADVERTISING OF THE HEARING EXAMINER'S DECISION DENYING APPLICATION FOR BILLBOARDS AT: A. 105 EAST "E" STREET B. 1911 EAST NOB HILL BOULEVARD C. 5 WEST WASHINGTON • Dan Valoff gives an overview of the appeals Dan Valoff, Assistant City Planner, explained the appeal regarding the placement of billboard signs at three locations. The appellant's attorney, Jennifer Sloan, was representing her client from Winter Park, Florida via a conference call. Mayor Place asked for Council ex parte declaration. There were none with the exception of Mayor Place who declared no contact although she has a friendship with Linda and Mike lasella, parties in the appeal. Mr. Valoff went on to describe the locations and the history of the hearing examiner's hearings and decision. The appeals are for a class 2 review for the placement of the two billboard signs on East E street and East Nob Hill Boulevard which are zoned CBDS. 5 West Washington is zoned light industrial in which billboard signs are a permitted use, however, the placement of a billboard was denied based on an interpretation by the building official indicating only one free standing sign is allowed on a parcel of land per street frontage. The property at 5 West Washington already has a free standing sign identifying the business. Mr. Valoff said it is staff's recommendation to uphold the Hearing Examiner's decision to deny the placement of the billboard signs at the three locations. 7 • FEBRUARY 6, 2001 111 • Appellant's attorney explains appeal Ms. Sloan advised that Bressler is withdrawing its appeal on the East Nob Hill Boulevard location. With regard to their appeal on the 5 West Washington location she described their interpretation versus the building official's of the definitions within Code 15.08.130, Table 8 -1. Their interpretation is that the code allows a parcel of property to have one on- premise sign and one off - premise sign. This could be a sign advertising the business located on the property and one off - premise sign located on the property advertising goods or services off of that property. She also alluded to photographs that had been submitted at the hearing showing three specific locations in Yakima that had both an on- premise and an off - premise sign thereby supporting their interpretation. She said there is no language in the code that says you are allowed to have either one on- premise or one off - premise sign. Ms. Sloan addressed the 105 East E Street location and the written comments the City received from employees of Coldwell Banker, the property adjacent to where the sign would be placed. She commented that there were two areas that needed to be looked at; 1) compatibility with intent and character and 2) the intent of the Comprehensive Plan. The Hearing Examiner's decision stated on page 2 that the proposal complies with the provisions of the Comprehensive Plan but the denial was based on compatibility concerns expressed by adjacent property owners. She stated the comments by the property owners didn't address issues that pertain to compatibility with the area but they pertained more with the zoning of the area. • Mayor Place opened the public hearing Mayor Place opened the public hearings. No one came forward to speak against the appeal. Rick Ahlbrect, 11 Mary Way, spoke in support of putting up the billboard as long as it's not interfering with anyone else. Bud Owens, 1911 E. Nob Hill, asked about the requested sign and withdrawal on his property saying he didn't understand how they could be in the Department of Transportation's right -of -way. It was recommended that he speak with staff regarding this question: • Mayor Place closed the public hearing Mayor Place closed the public hearings. BEAUCHAMP MOVED AND PUCCINELLI SECONDED TO HAVE THE HEARING EXAMINER'S DECISION OVERTURNED AND THE APPEAL BE GRANTED FOR THE 5 WEST WASHINGTON AVENUE LOCATION. The motion carried by a 5 -2 roll call vote; Sims and Mattson voting nay. 8 112. FEBRUARY 6, 2001 Discussion continued on the 105 East "E Street location with points being made that signs promote tourism and give valuable information to visitors, to comments that signs are unsightly and clutter the view. PUCCINELLI MOVED AND BARNETT SECONDED TO HAVE THE HEARING EXAMINER'S DECISION OVERTURNED AND THE APPEAL BE GRANTED FOR THE 105 EAST "E" STREET LOCATION. The motion failed by a 3 -4 roll call vote; Sims, Beauchamp, Mattson and Place voting nay. The Hearing Examiner's decision was upheld. 21. OTHER BUSINESS A. CONSIDERATION OF RESOLUTION COMMENCING THE SOUTH 72 AVENUE ANNEXATION The City Clerk read the resolution by title; SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. City Manager Zais summarized the morning's study session on this subject saying this annexation has been under review for over a year and constitutes adding 1 1/2 square miles and approximately 5,000 in population to the City of Yakima. City services are already there, the West Valley investment has been made over a period of decades premised on the idea that the region was going to develop. Investments made in those utilities has enhanced the property values and benefited the region allowing development to occur. This annexation is consistent with the objectives of the Growth Management Act and the contract for services that was agreed to by citizens in this area for the provision of sewer services. The area to be annexed shall remain subject to the Yakima Urban Area Comprehensive Plan and shall assume its share of the City's existing indebtedness . This annexation will also allow for a larger voice for federal and state funding and position the City for industry and commerce to come to Yakima. The question was called for a vote on the motion. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2001 -24, A RESOLUTION concerning annexation and commencing the South 72nd Avenue Annexation by the petition method of annexation. B. CONSIDERATION OF DESIGNATION OF LEAD AGENCY STATUS UNDER THE STATE'S SALMON RESTORATION ACT Dueane Calvin, Water- Irrigation Manager, distributed a letter from the Tri- County Water Resource Agency asking Council to support them as lead agency for salmon recovery funding. Mr. Calvin and Council Member Sims explained the recent history with this issue. The last attempt for lead agency was rejected by the Fish and Wildlife Department due to lateness but they suggested Tri- County renew their support from the various communities and resubmit for lead agency status. BARNETT MOVED AND BUCHANAN SECONDED TO SUPPORT TRI- COUNTY WATER RESOURCE AGENCY AS LEAD AGENCY. The motion carried by unanimous voice vote. 9 FEBRUARY 6, 2001 22. EXECUTIVE SESSION REGARDING PENDING LITIGATION At 4:15 p.m. Council adjourned to executive session to discuss pending litigation for approximately 30 -35 minutes and then reconvened in open session. 23. RECONVENE IN OPEN SESSION FOR FURTHER BUSINESS • Press Release regarding Wastewater Odor Litigation Council reconvened at 4:47 p.m. City Manager Zais read a press release that was a joint statement by the City of Yakima and the Del Monte Corporation. The press release outlined negotiations of a mediated settlement on January 12, 2001 with the plaintiffs in the wastewater odor litigation. Under the settlement the plaintiffs and their attorneys would receive $3.6 million directly from the City and Del Monte. The City also agreed to assign its insurance policy to the plaintiffs who could then pursue additional recovery from the carriers. The release went on to describe corrective actions to be taken by both the City and Del Monte to reduce the potential for odors from the facility. On January 25, 2001 the lawyers of the plaintiffs notified the City they would no longer recommend approval of the settlement to the court. The City and Del Monte feel this action violates the terms of the settlement and will be taking action to enforce it. The City and Del Monte are prepared to uphold and ratify the settlement as negotiated and agreed to in January. Bert Hopper, Area Manager for Yakima's Del Monte Plant, reconfirmed the press release saying they feel the agreement is fair and equitable and should be adopted. A. CONSIDERATION OF RESOLUTION AUTHORIZING AND RATIFYING A SETTLEMENT AGREEMENT FOR THE WASTEWATER ODOR LITIGATION The City Clerk read the resolution by title; SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2001 -25, A RESOLUTION authorizing, approving, and ratifying a Settlement Agreement for the wastewater odor litigation. B. CONSIDERATION OF RESOLUTION AUTHORIZING AND RATIFYING A DRAFT STATEMENT OF INTENT WITH DEL MONTE CORPORATION The City Clerk read the resolution by title; BEAUCHAMP MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2001 -26, A RESOLUTION authorizing, approving, and ratifying a Draft Statement of Intent Regarding proposed Elements of Settlement with Del Monte Corporation. 1 0 114 FEBRUARY 6, 2001 Information Items: Items of information provided to Council were: Letter from Representative Doc Hastings extending invitation to attend February 20, 2001 Town Meeting. 1/24/01; Monthly Report of the Chief of Police for November 2000; Planning Division Assignments Pending Report as of February 6, 2001; Memorandum from AWC re: Governor's Energy Supply Alert; and Agenda for the February 7, 2001 Community Review Board meeting. 24. ADJOURNMENT SIMS MOVED AND MATTSON SECONDED TO ADJOURN AT 4:55 P.M. TO FEBRUARY 13, 2001 AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER FOR STUDY SESSION ON UNIFORM CONSTRUCTION CODE AMENDMENTS, THEN TO FEBRUARY 20, 2001 AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER FOR STUDY SESSION ON IRRIGATION STUDY. The motion carried by unanimous voice vote. READ AND CERTIFIED ACCURATE BY: j ,,e,0 L/ r7 . .) COUNCIL MEy BER BATE I ,/� �_1 k i i 1�►1 I , . 4..1.:1+:!4 -I - � r C'UNCIL E' :ER w 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 1 11