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HomeMy WebLinkAbout03/01/2005 Business Meeting 75 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL MARCH 1, 2005 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. RoII Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts 2. Invocation /Pledge of Allegiance Council Member Edler gave an invocation, followed by the Pledge of Allegiance led by Council Member Bonlender. 3. Open Discussion for the Good of The Order /Special Presentations Mayor George announced that the next City Council meeting will be held on March 22 rather than the 15 due to the conflict with the conference in Washington D.C. that several Council Members will be attending. A. Proclamations Mayor George read a proclamation declaring March 24 -26, 2005 as Rodeo week. Greg Stewart accepted the proclamation. B. Appointments to Boards and Commissions McCLURE MOVED AND SIMS SECONDED TO APPOINT VIRGINIA SANTILLANES AND LES HENDERSON TO THE CITIZEN POLICE ADVISORY COMMITTEE. The motion carried by unanimous voice vote. C. Special Presentations Special recognition of employee service Bill Cobabe, Office of Neighborhood Development Services Manager, recognized Marvin Miller who is retiring after 25 years of service. Mayor George presented Marvin with a certificate of recognition and a watch. Mr. Cobabe presented him with a plaque honoring him by naming a new housing development project Marvin Gardens. D. Status report on prior meeting's citizen service request (if any) None 4. Consent Agenda Mayor George 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. 15 was added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS' MOVED AND PLACE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. 76 MARCH 1, 2005 (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 December 6, 2004 and January 4, 2005 Special Meetings, and the December 14, 2004 Business meeting The minutes of the December 6, 2004 and January 4, 2005 Special Meetings and the December 14, 2004 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. CITY MANAGER'S REPORTS *6. Consideration of Resolution authorizing execution of an SIED Fund grant/loan contract with Yakima County for public infrastructure improvements related to expansion project of Cub Crafters RESOLUTION NO. R- 2005 -43, A RESOLUTION authorizing the City Manager to execute an SIED Fund Grant/Loan Contract with Yakima County to fund public infrastructure improvements related to the expansion of the Cub Crafters manufacturing facility located at the Yakima Air Terminal, Yakima, Washington. *7. Consideration of Resolution authorizing execution of an exclusive marketing and sponsorship agreement with the Coca -Cola Bottling Company in exchange for equipment at the Gateway Sports Complex RESOLUTION NO. R- 2005 -44, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an "Exclusive Marketing and Sponsorship Agreement" between the City of Yakima and Coca -Cola Bottling Co. of Yakima & Tri- Cities to provide beverages and related goods to the City to be sold at the Gateway Sports Complex and Fisher Park Golf Course. *8. Consideration of a Resolution authorizing execution of an agreement with Yakima County Office of Aging and Long Term Care for geriatric preventative foot care services RESOLUTION NO. R- 2005 -45, A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima and Yakima County, through the Office of Aging and Long Term Care, for the purpose of obtaining funding for foot care services for senior citizens. 2 • 77 MARCH 1, 2005 *9. Consideration of a Resolution authorizing execution of an agreement with Yakima County Office of Aging and Long Term Care for adult day care and respite services RESOLUTION NO. R- 2005 -46, A RESOLUTION authorizing and directing the City Manager to execute the 2004 -2005 Adult Day Care and Respite Performance Agreement between the City of Yakima and Yakima County, through the Office of Aging and Long Term Care (ALTC) for the Adult Day Care and Respite Services program at the Harman Center. *10. Consideration of Resolution authorizing, approving and ratifying the 2005 Operating Program Plan for the City of Yakima's Wellness Program RESOLUTION NO. R- 2005 -47, A RESOLUTION authorizing, approving, and ratifying the "2005 Operating Program Plan" of the City of Yakima Wellness Committee. *11. Consideration of Resolution declaring certain lumber and building materials as surplus and authorizing it's donation to the Habitat For Humanity Yakima Valley Partners RESOLUTION NO. R- 2005 -48, A RESOLUTION declaring an array of dimensional lumber and building materials surplus and authorizing their donation to the Habitat For Humanity Yakima Valley Partners. *12. Accept the 2004 Office of Neighborhood Development Services Annual Report The Office of Neighborhood Development Services draft 2004 Consolidated Annual Performance and Evaluation Report was accepted. *13. Approval of Reports from Department of Finance and Budget: A. Fourth Quarter 2004 Treasury Report The Fourth Quarter 2004 Treasurer's Report was approved. B. Fourth Quarter 2004 Central Receivables Report The Fourth Quarter 2004 Central Receivables Status Report was approved. * 14. Set date of public hearing for March 22, 2005 to consider the sale of property to Washington State Department of Transportation for the new SR -24 Bridge March 22, 2005 was set as the date of public hearing to consider the sale of City - owned property in the vicinity of the SR -24 Bridge and Birchfield Road to Washington State for development of the SR -24 Bridge. 3 78 MARCH 1, 2005 ORDINANCES *15. Consideration of Ordinance amending the Municipal Code to reflect recent amendments that impacted the penalties for dangerous dog violations ORDINANCE NO. 2005 -11, AN ORDINANCE relating to public safety and morals; amending Subsection 6.20.180C of the City of Yakima Municipal Code to properly identify the penalty for leash law violations involving potentially dangerous /dangerous dogs and to designate separate offence citations for multiple violations of possession of dangerous dog. *16. First reading of Ordinance amending the 2005 budget and appropriating funds for 2004 encumbrances (no action required this meeting; second reading scheduled 3/22/05) An Ordinance amending the 2005 budget and appropriating funds for 2004 year -end encumbrances, was read by title only, and laid on the table until March 22, 2005 for a second reading. *17. Consideration of Ordinance amending the Municipal Code to reflect the RCW definition of persons guilty of possessing stolen property ORDINANCE NO. 2005 -12, AN ORDINANCE relating to public safety and morals; amending Section 6.68.080 of the City of Yakima Municipal Code to comport the elements of the City ordinance with those elements set forth in the Revised Code of Washington for the same criminal act. *18. Consideration of Ordinance approving the 2004 Comprehensive Plan amendments ORDINANCE NO. 2005 -13, AN ORDINANCE concerning land use regulation and comprehensive planning; amending the Future Land Use Map of the Yakima Urban Area Comprehensive Plan; changing the classification of the property located at 1005 Washington Avenue (Parcel #181336-24016) on the Future Land Use Map from Medium Density Residential to Neighborhood Commercial; changing the classification of the property located at 3805 Tieton Drive (Parcel #181322 - 43023) on the Future Land Use Map from Low Density Residential to Neighborhood Commercial; changing the classification of the property located at 1814 South 10 Avenue (Parcel #181336-24014) on the Future Land Use Map from Medium Density. Residential to Neighborhood Commercial; changing the classification of the property located at 1407 -1409 South 16 Street (Parcel #191329 -31573 and #191329 - 31574) on the Future Land Use Map from Medium Density Residential to Arterial Commercial; and changing the classification of the property located at 5301 Tieton Drive (Parcel #181321- 43005) on the Future Land Use Map from Low Density Residential to High Density Residential. 4 7.9 MARCH 1, 2005 *19. Consideration of Ordinance accepting the Hearing Examiner's decision to approve the right -of -way vacation requested by D. H. Construction & Development f or prope in t he vicinity of the 1600 block of Perry St reet ORDINANCE NO. 2005 -14, AN ORDINANCE relating to right -of -way vacation; vacating C o Yak right -of -way in undeve portions of Pierce St reet west of South 16 Avenue, Yakima, Washington; and vacating City of Yakima right -of -way in undeveloped portions of South 18 Avenue north of Perry Street, Yakima, Washington. CLOSED RECORD PUBLIC HEARING 20. Continuation of Closed Record Public Hearing to consider an appeal filed by Pauline Polo, et al of the Hearing Examiner's decision to uphold the MDNS and granting a land use permit for Triumph Treatment Services to establish a day care center, group home, and commercial kitchen at 3300 Roosevelt Avenue (Public Comment portion of hearing was closed; consideration of supplemental legal briefs /advice and Council deliberation — Please bring previously provided material) Ken Harper, Counsel for the City, gave opening comments and advised that briefs had been submitted by Mr. Hurst on behalf of the neighbors and by Mr. Carmody on behalf of Triumph. Mr. Harper advised that material that was distributed at the horseshoe today; two letters from the administrator of the Ponderosa and supplemental materials from Mr. Hurst and /or Ms. Polo, fall into the category of new evidence and should not be considered in this proceeding. Only if the Hearing Examiner, Mr. Cuillier, chooses to reopen the record can it be considered. Mr. Harper then reviewed the guidelines that must be followed in a closed record public hearing and outlined Council's options. They are to either 1) affirm the Hearing Examiner's decision, 2) reject it by denying the application and granting the appeal, or 3) remand it back to the Hearing Examiner for reasons that exist on the record. Discussion continued on what can be considered for a remand and under what conditions, if any, compatibility could be reconsidered. Mr. Harper said he submitted, in his memo, his belief that it is not appropriate to have gender specific conditions in the findings. Council raised the removal of the barricade as a concern. They were advised that there was argument before them that the Hearing Examiner did not have substantial evidence to require the removal of the barrier. Mr. Harper also said there was argument from Mr. Carmody and his client that Triumph would be willing to accommodate a breakaway barricade for emergency situations but not allow continuous through traffic. If the Council believes there is not substantial evidence warranting taking the barricade down they can remand it to the Hearing Examiner for him to come up with a different alternative. Mr. Harper further clarified Council's limited authority and options in this issue, summarizing that Council cannot customize the Hearing Examiner's decision. He also pointed out that if the Council approved the appeal and denied the project, the process would be at a dead end subject to Superior Court appeal. The applicant would have 21 days to start a lawsuit in Superior Court if they wanted to pursue it. • Mayor George opened the public hearing 5 Q 8 0 MARCH 1, 2005 Wiley Hurst, attorney representing the neighbors, expressed concern about 34 Avenue and the potential removal of the barricade. He also was concerned about the hours of operation. He recommended a remand back to the Hearing Examiner to solve the problems. James Carmody, attorney representing Triumph, did not agree with Mr. Harper's direction to Council that they do not have the authority to modify the Hearing Examiner's decision. It was his opinion that, with regard to the barricade, there wasn't enough information to remand it back to the Hearing Examiner because the decision to remove the barricade was based on a recommendation from the Fire Chief. He said he was the only one that could appeal that condition and if that were the condition that is imposed, he would waive his objection to remand on that point and would agree to a breakaway gate. He thought a gate was a good idea and that Council had the authority to approve with that modified condition. He also disagreed with Mr. Harper on the gender issue saying the city is governed by the Fair Housing Act which, through ordinance, requires providing reasonable alternatives so there isn't gender -based discrimination. He believes that doesn't mean you can't have a male or a female transitional housing. But, if transitional housing is prohibited, that could be violating the Fair Housing Act. He said he would appeal the gender issue. Since they are the property owners, the operators and the ones impacted by that if it is an issue, they would waive that point as well. He reiterated the Council's role in the appeal is whether or not the Hearing Examiner's decision was supported by substantial evidence. In his opinion, this application complies with all standards and does not have one variance or administrative adjustment. He asked for denial of the appeal and to affirm the Hearing Examiner's decision with the modifications discussed. Mr. Harper disagreed with Mr. Carmody and advised Council to reject his suggestion to modify the decision. The attorneys expressed their interpretations and opinions of the process. Mr. Harper said he felt the strongest basis for a remand is the gender issue. Mr. Carmody responded "women only" is not likely to be enforceable. BONLENDER MOVED AND GEORGE SECONDED TO UPHOLD THE HEARING EXAMINER AND STAFF RECOMMENDATION AND DENY THE APPEAL. Council Member Edler would like to believe Mr. Carmody is right and we can amend for a breakaway gate. Council Member Place commented that if we deny the appeal with this motion the barrier has to be taken out. Discussion continued on the dilemma of the barricade. Mr. Carmody suggested they may be able to resolve the issue if Triumph would stipulate a willingness to put in a breakaway gate. Mr. Harper advised Council to not attach new conditions to the Hearing Examiner's statement, as it would not be enforceable. Mr. Hurst commented that it wouldn't solve the problem from his poinrof view. The question was called for a vote on the motion. The motion failed by 4 -3 roll call vote; Place, Sims, Whitman, and McClure voting nay. PLACE MOVED AND SIMS SECONDED TO REMAND THE MATTER OF THE APPEAL OF PAULINE POLO, ET AL, OF THE APPLICATIONS OF TRIUMPH TREATMENT SERVICES, BACK TO THE HEARING EXAMINER FOR FURTHER PROCEEDINGS TO ADDRESS THE ENFORCEABILITY OF A GENDER - LIMITED CONDITION OF APPROVAL AND THE ADVISABILITY OF REMOVING THE EXISTING BARRICADE ON NORTH 34 AVENUE, The motion carried by a 5 -2 roll call vote; George and Edler voting nay. 6 8 .1,, MARCH 1, 2005 Mr. Carmody commented that gender was not included in the appeal, therefore he thinks it is an inappropriate basis for remand. He also is of the opinion that the remand about the removal of the barrier is not substantiated because City staff concluded it is appropriate. It was the consensus of Council to request the Hearing Examiner review the video tape of this meeting in his consideration of the remand. 21. Other Business • HB 1748 — Registering convicted arsonists Council Member Place referenced a letter she distributed to Council regarding House Bill 1746, requiring convicted arsonists to register with the County Sheriff. PLACE MOVED AND SIMS SECONDED TO APPROVE AND SUPPORT THIS BILL. Steve Scott, Deputy Fire Chief, advised that the Department investigated 326 fires last year. Ninety -three were determined to be arson; an additional 70 were undetermined but a good percentage of those were probably arson. There is a significant arson problem in our community and this would be a tool to help with the issue. The motion carried by unanimous roll call vote. • Street naming policy Upon being asked, City Manager Zais reported that Council should have the street naming policy for discussion at its March 22 meeting. • Congdon status City Manager Zais said this Thursday afternoon will be a closed session for LUPA (Land Use Protection Act) for both parties. The trial is set for May 9th • Regionalization City Manager Zais reported that he recently met with Doug Cochrane from the County on regionalization. The Commissioners seem to be agreeable to regionalization in a number of areas. The ones rising to surface are: -Joint assembly facility. The City will take the lead. - Public safety, fire protection and police protection issues - Consolidated dispatch - Stormwater -Planning services and code enforcement - Animal enforcements • National League of Cities Conference — Washington D.C. A copy of a draft document of federal legislative issues being prepared for a study session on March 8 was distributed. The major focus this yearis on fund raising, fund preservation, and law enforcement programs. Yakima's story needs to be told and also attached will be a concept analysis of what has been done in the block grant area and with law enforcement dollars. • Study session As well as a short session on the federal legislative issues, the study session will be a briefing from Yakima County on the Critical Areas Ordinance and Shorelines Regulations. This subject is a major agenda item for our workload this coming year. We must update the Critical Areas Ordinance by the end of 2006. The Shorelines regulations update is not due until 2013 but is being considered by the County at this time. 7 82 MARCH 1, 2005 • Information Items Items of information provided to Council were: Agenda for the March 3, 2005 Yakima Downtown Association meeting; Agenda for the March 2, 2005 Community Review Board meeting; Planning Division Assignments Pending as of March 1, 2005; Minutes of the January 27, 2005 Yakima Air Terminal Board meeting; and Articles: 1) February 22, 2005 Seattle Post- Intelligencer, "The State Should Separate in Two, Some GOP Senators Say"; 2) February 22, 2005 The Olympian, "Our Views: Think Through Big -Box Store Moratorium ", 3) February 24, 2005 News - Tribune, "State Bases Likely Spared "; 4) February 11, 2005 Associated Press Newswires, "Washington Governor Spends Day in Spokane, Visits Air Base "; and 5)February 9, 2005 Herald, "Group Pitches Base's Growth" 22. Executive Session McCLURE MOVED AND EDLER SECONDED TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PROSPECTIVE LITIGATION AND PERSONNEL ISSUES FOR APPROXIMATELY ONE HOUR THEN ADJOURN TO MARCH 8, 2005 AT 7 :30 A.M. IN COUNCIL CHAMBERS FOR A STUDY SESSION ON SHORELINES PERMIT AND CRITICAL AREAS ORDINANCE AND FEDERAL LEGISLATIVE PRIORITIES. The motion carried by unanimous voice vote. 23. Adjournment Following the Executive Session, the meeting adjourned at 5:08 p.m. READ CERTIFIED A E AND CERTIFIE ACCURATE BY C UNC EMBER . DATE COUNCIL MEMBER DATE ATTEST: 4e(). _,/ - p CITY CLERK PAUL P. GEORGE, AYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 1 8