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HomeMy WebLinkAbout01/20/2009 Business Meeting 391 YAKIMA CITY. COUNCIL BUSINESS MEETING JANUARY 20, 2009 — 5:00 P.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll CaII Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Bill Lover, Neil McClure, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Jeff Cutter, and City Clerk Moore The meeting was called to order and adjourned to Executive Session 5:06 p.m. 2. Executive Session — Collective Bargaining The executive session was held and adjourned at 5:55 p.m. * * * * * * * * ** YAKIMA CITY COUNCIL BUSINESS MEETING JANUARY 20,2009 — 6:00 P.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Bill Lover, Neil McClure, and Sonia Rodriguez Staff: City Manager Zais, Acting City Attorney Cutter and City Clerk Moore 2. Invocation /Pledge of Allegiance — Assistant Mayor Micah Cawley Assistant Mayor Cawley gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations B. Special presentations / recognitions j • Special recognition of Officer Sam Masters for receiving the Washington Council of Police and Sheriffs Officer of the Year award Chief Granato advised that the Officer -of- the -Year award was presented to Yakima Police Officer Sam Masters at the WACOPS Convention. The award was in relation to saving the life of another officer during an attempted murder situation. 392 JANUARY 20, 2009 ® Honoring Sean Hawkins for his service to the community Jamie Stickle, Yakima Downtown Initiative Committee Chair, related Sean's positive impact during his tenure in Yakima. Sean complimented many City staff that have been helpful in his success and urged Yakima to stay focused and keep the forward momentum going. C. Status report on prior meeting's citizen service requests D. Appointments to Boards and Commissions 4. Consent agenda Mayor Edler referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Items 6, 7 and 12 were removed from the agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND McCLURE 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.) 5. Audience Participation No one came forward to speak. 7:00 PM — PUBLIC HEARINGS • - - • - - - - a " - - - - - - - • - .. -- - - • -••••e Comnnic recommendation on the proposed Adult Business Ordinance Item was removed from the agenda. Comprehensive Plan (pl acc bring matcrial previously furnished): ♦ ----e e-.-_ - e _ _ _ _ - - Avcnuc to Local Businc °s (B 2), requested by Heidi And (CBDS), requested by Larry D an Hull . Amend zoning at 1019 & 1021 S. 10 Avcnuc to Local Business (B 2), requested by Maria E. Chavcz Item was removed from the agenda. 8. Closed Record Public Hearing to consider the preliminary plat /planned development of Hidden Lakes subdivision located in the vicinity of West Washington and 72nd Avenues, submitted by Teammates, LLC Bruce Benson, Acting Planning Manager, described the area as a 161 -lot preliminary subdivision on eight acres of open space. It is to be a gated planned 2 393 JANUARY 20, 2009 development and, as such, the streets will not be accepted into the City street system. The Hearing Examiner held an open- record public hearing on July 24, 2008 and recommended approval on August 7, 2008. City staff supports the Hearing Examiner's recommendation. Mayor Edler opened the public hearing and with no one coming forward to comment, closed the public hearing. The City Clerk read the resolution by title; McCLURE MOVED AND CAWLEY SECONDED TO APPROVE THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2009 -06, A RESOLUTION approving a preliminary long plat and planned development, subject to certain conditions, for a one hundred sixty one (161) lot subdivision to be located on property in the vicinity of West Washington and South 72nd Avenues, Yakima, Washington. 9. Open Record Public Hearing on the execution of a development agreement with Teammates, LLC to construct a single - family residential subdivision/ master planned development located in the vicinity of West Washington and 72nd Avenues (See Resolution) Bruce Benson, Acting Planning Manager, explained that as a planned development, a development agreement is required and has been submitted. A planned development allows deviation from Title 12 standards. Mayor Edler opened the public hearing and with no one coming forward to comment, closed the public hearing. The City Clerk read the resolution by title; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2009 -07, A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Teammates, LLC, (hereafter "Teammates ") to provide for the terms and conditions of development of a preliminary plat and planned development to be located in the vicinity of West Washington and South 72 Avenues, in the City of Yakima. 10. Closed Record Public Hearing on the appeal by Envizage Development Group of the Hearing Examiner's decision on the Toscana Project in the vicinity of Castlevale Road and Seattle Slew Run Joseph Calhoun, Assistant Planner, gave a brief overview of the project and outlined the steps taken to date. Based upon the proposed uses and density, a Class 2 review was required of the duplexes and a Class 3 review for the apartments. The applicants also requested an administrative adjustment to the lot coverage and rear - yard set -back standards in the R -2 zone. The project was subject to a SEPA environmental review. A notice of application, public hearing, and environmental review was sent to the applicant, SEPA agencies, and adjoining property owners within 500' of the subject property. The notice specified a 20 -day comment period 3 394 JANUARY 20, 2009 for SEPA and scheduled the land use hearing for August 14. 2008. At the close of the comment period, a mitigated determination of non- significance (MDNS) was issued on July 14, 2008, and included 18 mitigation measures. The SEPA MDNS was appealed by the adjoining property owners during the appeal period. Because the project already had a scheduled hearing for the land use, it was required to have the SEPA appeal heard at the same time. Based on the applicable provisions of the zoning ordinance and the Comprehensive Plan during the hearing, staff recommended approval to the Hearing Examiner subject to conditions. It was also recommended that the SEPA appeal be denied. At the hearing, there was testimony both for and against the project. Based on comments made by both parties, the Hearing Examiner left the record open until August 21, 2008, and, again, until September 5, 2008, to submit additional comments and to research the history of the property. On September 22, 2008, a second interim decision was made to reconvene the hearing on October 21 while trying to resolve compatibility issues through a development agreement and /or covenants. Staff recommended approval with conditions as a result of comments brought up during the first hearing. The Hearing Examiner issued his decision to uphold the SEPA MDNS and denied the SEPA appeal, Class 2 and 3 land uses and administrative adjustment applications. An appeal was filed by the developer and notice of appeal was sent to the parties of record. City Attorney Cutter gave direction on the proper process for a closed record hearing. Council Member Rodriguez requested recusal as her residence is next to the property at issue. LOVER MOVED AND CAWLEY SECONDED TO RECUSE COUNCIL MEMBER RODRIGUEZ. The motion carried by unanimous voice vote. The remaining Council members disclosed ex -parte contacts. Assistant Mayor Cawley advised that he knew some of the audience members personally but would not allow that to affect his judgment on the matter. Council Member Coffey also claimed knowledge of members in the audience but had not spoken to any of them about this issue nor would it affect her judgment. Mayor Edler advised that someone had approached him in a restaurant but it would not affect his consideration of this matter. Council Member McClure said he had been told he had been in one of the previous hearings but he has no recollection of it. • Mayor Edler opened the closed- record public hearing Alison Moss, legal council for Envisage Development Group, gave opening statements. She reviewed the Council's role in the hearing, described the project, covered the code with regard to the zones in question, and related information about the SEPA determination and "key findings" the Hearing Examiner made regarding the factors that affect compatibility versus what is in the evidence. Ms. Moss relayed the areas they take issue with in the findings; Finding X(4)(d)(iii), (c)(iv), and (c)v of the Hearing Examiner's decision with regard to neighboring single family homes looking down on the duplexes. Also at issue is Finding IX(4)(d)vii with regard to compatibility and living styles. She said the suggestion that people who live in single family attached homes or condominiums have different living styles is offensive and is not permissible. She questioned the relevance of what the neighbors understood the Council had in mind in 1996, stating that the relevant information is the current code today for zoning designations. Ms. Moss also countered the traffic statements by the Hearing Examiner versus the City's traffic 4 L 39 5 JANUARY 20, 2009 analysis. She also commented that with regard to IX(4)(d)(iii) on density and intensity compatibility problems, the neighbors did not oppose the design of the apartments, they opposed the apartments themselves and that they didn't oppose the size of the buildings, but opposed the buildings themselves. Ms. Moss asked the Council to reverse the Hearing Examiner's decision on Class 2 and 3 uses and approve the project subject to the conditions advised by staff. Chad Hatfield, attorney representing concerned citizens of Carriage Hill, raised concerns about there being no assurances of the high quality that is being referred to and fear that the materials used could be dependent on the economic situation. He also emphasized the Council's role in the hearing and pointed out that the applicant has the legal burden to prove the project is not incompatible. Mr. Hatfield did not feel that burden of proof had been met. Tom Gasseling, 714 N. 44 Avenue, spoke against the project. John Puccinelli, 4102 Donald Drive, reviewed the history on the property. He also said that there is nothing to guarantee the developer would build it the way it was designed. He requested that, if City Council approved the project, there be covenants to ensure it is built the way it is proposed. Ron Hatfield, doesn't want his neighborhood to change and claimed the project is incompatible. Sonny Cooper, 905 Conestoga, spoke against the project as did Mary Jane Cragen, and Arnold Johnson. Elliot Baker, 3104 Yakima Avenue, spoke for the project. Allison Moss responded to several points, commenting on the transition in the area and that the developers have offered to enter into a development agreement to assure the factors in the proposal are met and that it couldn't be sold to someone else who would develop something entirely different. She went into detail on the interpretation of the zones and what is and isn't allowed in each. Mr. Hatfield responded to the claims regarding zoning and claimed that the project is not consistent with the neighborhood that exists. • Mayor Edler closed the closed record public hearing. Council members asked questions regarding noise, density and the potential of requiring a development agreement CAWLEY MOVED AND COFFEY SECONDED TO ADOPT THE HEARING EXAMINER'S DECISION. The motion carried by a 4 -2 roll call vote; Edler and McClure voting no. 5 396 JANUARY 20, 2009 CITY MANAGER'S REPORTS 11. Consideration of staff report regarding cemetery operations and monument sale proposal Chris Waarvick, Director of Public Works, advised that he had asked staff to look into the possibility of the retail selling of monuments. Since 1990, the City of Yakima has contributed approximately $2 million into the operation of Tahoma Cemetery. He described the process they went through and noted they have received a bid. The philosophical issue is whether the City should entertain this proposal. ENSEY MOVED AND CAWLEY SECONDED TO NOT CONSIDER THE SALE OF MONUMENTS. Following discussion, the motion carried by a 6 -1 roll call vote; McClure voting no. Item was removed from the agenda. *13. Consideration of a Resolution adopting a City Identity Theft Prevention Program for the Utilities Division RESOLUTION NO. R- 2009 -08, A RESOLUTION approving and adopting an identity theft prevention program for the Utility Services Division of the City of Yakima, Washington *14. Consideration of a Resolution authorizing execution of an agreement with Yakima Basin Storage Alliance concerning services to advance the Black Rock Reservoir Project RESOLUTION NO. R- 2009 -09, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an "Agreement between the City of Yakima and Yakima Basin Storage Alliance" concerning services to advance the Black Rock Reservoir Project. *15. Consideration of a Resolution authorizing execution of an agreement with the Greater Yakima Chamber of Commerce for the purpose of developing strong leadership resources and to gain citizen pride and visitor appreciation for having a clean city and improvement in the quality of life in Yakima RESOLUTION NO. R- 2009 -10, A RESOLUTION authorizing the City Manager to execute an Agreement with the Greater Yakima Chamber of Commerce, Inc. for the purpose of developing strong leadership resources and to gain citizen pride and visitor appreciation for having a clean city and improvement in the quality of life in Yakima. 6 3 `9.7 JANUARY 20, 2009 *16. Consideration of a Resolution authorizing execution of an agreement with the Hispanic Chamber of Commerce of Yakima County for the purpose of fostering community economic development in Yakima RESOLUTION NO. R- 2009 -11, A RESOLUTION authorizing the City Manager to execute an Agreement with the Hispanic Chamber of Commerce of Yakima County for the purpose of fostering community economic development in Yakima. *17. Consideration of a Resolution authorizing execution of an agreement with the Yakima Sunfair Festival Association for tourist promotion services for the 2009 Sunfair Parade RESOLUTION NO. R- 2009 -12, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Sunfair Festival Association for tourist promotion services for the Sunfair Parade. *18. Consideration of a Resolution authorizing execution of an agreement with the Yakima Morelia Sister City Association to provide financial support for , delegation of cultural and economic exchange activities with the City of Morelia, Michoacan, Mexico RESOLUTION NO. R- 2009 -13, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Morelia Sister City Association to provide financial support up to Two - Thousand Dollars ($2,000) for delegation of cultural and economic exchange activities between the City of Morelia, Michoacan, Mexico and the City of Yakima. *19. Consideration of a Resolution authorizing execution of a public sector service contract with the Yakima County Development Association RESOLUTION NO. R- 2009 -14, A RESOLUTION authorizing the City Manager to execute a public sector service contract with the Yakima County Development Association. *20. Consideration of a Resolution authorizing execution of a professional services contract with Yakima County and Landau Associates for the clean -up of certain Yakima Airport property RESOLUTION NO. R- 2009 -15, A RESOLUTION authorizing the City Manager to sign a Professional Services Contract, together with Yakima County ( "County "), with Landau Associates, for the clean -up of certain Yakima Air Terminal property known as Richardson Airways; and to assist in the plans to investigate remediation for specific Underground Storage Tanks (USTs) at the Air Terminal; and authorizing the City Manager to approve and sign an Agreed Order with the Washington State Department of Ecology related to the plans regarding the USTs, along with other necessary and related documents pursuant to the Model Toxics Control Act ( "Toxics Control Act") RCW 70.105D; and, in addition, further authorizing the City Manager to utilize the expertise of Landau Associates for additional environmental clean -up and remediation projects in the City, as recommended by the Assistant City Manager and the City Engineer. 7 3'98 JANUARY 20, 2009 *21. Consideration of a Resolution authorizing execution of an agreement with the Yakima County Office of Aging and Long Term Care for the Yakima Day Break Adult Day Care and Respite Services program at the Harman Center RESOLUTION NO. R- 2009 -16, A RESOLUTION authorizing and directing the City Manager to execute the Performance Agreement No. 2009 COY /2009 ALTC Contract Adult Day Care Respite 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. *22. Consideration of a Resolution authorizing execution of an agreement with the Allied Arts Council of Yakima Valley for the 2009 Visual and Performing Arts Program for Youth RESOLUTION NO. R- 2009 -17, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Allied Arts Council of Yakima Valley, to provide a visual and performance arts program for youth and families. *23. Consideration of a Resolution authorizing execution of personal services agreements with instructors, officials and referees needed for various Parks and Recreation Division programs during 2009 RESOLUTION NO. R- 2009 -18, A RESOLUTION authorizing and directing the Parks and Recreation Division Manager of the City of Yakima to execute Personal Services Agreements during 2009 that are substantially in accord with the attached "Personal Services Agreement" in order to obtain specialized services for the Parks Division. *24. Consideration of a Resolution authorizing execution of a professional services agreement with the Yakima Valley Basketball Officials Association for officiating services during the 2009 basketball season RESOLUTION NO. R- 2009 -19, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with the Yakima Valley Basketball Officials Association for the purpose of obtaining officiating services for the organized basketball program of the City of Yakima. *25. Consideration of a Resolution authorizing execution of an agreement with Yakima County, through the Office of Aging and Long Term Care, for the 2009 Geriatric Preventative Foot Care Services Program RESOLUTION NO. R- 2009 -20, A RESOLUTION authorizing the City Manager to execute Performance Agreement No. 2009 with Yakima County, through the Office of Aging and Long Term care, for the delivery of Geriatric Preventative Foot Care Services for senior citizens. 8 399 JANUARY 20, 2009 *26. Consideration of a Resolution authorizing execution of professional services agreements to provide geriatric footcare services at 0 the Harman Center during 2009 with: A. Rosemary Bonsen, R.N. RESOLUTION NO. R- 2009 -21, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Geriatric Footcare Services Agreement" with Rosemary Bonsen, R.N., to provide footcare services at the Harman Center. B. Melanie Marvel, R.N. RESOLUTION NO. R- 2009 -22, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Geriatric Footcare Services Agreement" with Melanie Marvel, R.N., to provide footcare services at the Harman Center. *27. Set date of public hearing for February 3, 2009 to consider the Highland Annexation located in the vicinity of Scenic Drive and North 80 Avenue February 3, 2009 was set as the date of public hearing to consider the Highland Annexation, located in the vicinity of Scenic Drive and North 80 Avenue. *28. Set date of public meeting for February 3, 2009 to consider the final plat approval for Scenic Plateau Subdivision located in the vicinity of 72 Avenue and Englewood Avenue February 3, 2009 was set as the date of public meeting to consider the final plat of Scenic Plateau Subdivison — Phase II, located in the vicinity of 72 and Englewood Avenues, submitted by Larry Loveless *29. Set date of open record public hearing for February 3, 2009 to consider the Hearing Examiner's approval of the vacation of public rights -of -way submitted by Noel Properties, LLC in the alley located west of Naches Avenue between LaSalle Street and south of Rainier Street, and an undeveloped portion of LaSalle Street west of Naches Avenue February 3, 2009 was set as the date of open record public hearing to consider the Hearing Examiner's approval of the vacation of public rights -of -way in the alley located west of Naches Avenue between LaSalle Street and south of Rainier Street, and an undeveloped portion of LaSalle Street west of Naches Avenue, submitted by Noel Properties, LLC. *30. Set date of open record public hearing for February 3, 2009 to consider the Hearing Examiner's approval of a vacation of two portions of public right -of- way in the vicinity of 207 East "S" Street submitted by Dean Owens February 3, 2009 was set as the date of open record public hearing to consider the Hearing Examiner's approval of a vacation of two portions of public right -of -way in the vicinity of 207 East "S" Street submitted by Dean Owens. 9 400 JANUARY 20, 2009 ORDINANCES *31. Consideration of an Ordinance repealing the Volunteer Firefighters Relief and Pension Fund and Volunteer Firefighters Pension Board amending sections of Chapter 1.91 of the Yakima Municipal Code and repealing Section 1.91.050 ORDINANCE NO. 2009 -03, AN ORDINANCE repealing the Volunteer Firefighters Relief and Pension Fund and Volunteer Firefighters Pension Board; amending the title of Chapter 1.91; amending Sections 1.91.010, 1.91.020, 1.91.030, 1.91.060, 1.91.070, and 1.91.080; and repealing Section 1.91.050, all of the City of Yakima Municipal Code. 32. Other Business • Discussion regarding moving the February 17, 2009 City Council meeting to another date Following discussion, CAWLEY MOVED AND COFFEY SECONDED TO MOVE THE SECOND MEETING IN FEBRUARY TO FEBRUARY 24 The motion carried by unanimous voice vote. • Aquatics Center Mayor Edler commented that he would like to have the study session on the aquatics center expanded to include the possible closure of Franklin and Lions pools. COFFEY MOVED AND McCLURE SECONDED TO EXPAND THE AQUATICS CENTER STUDY SESSION TO INCLUDE THE POSSIBLE CLOSURE OF FRANKLIN AND LIONS POOLS. The motion carried by unanimous voice vote. 33. Adjournment CAWLEY MOVED AND LOVER SECONDED TO ADJOURN. The motion carried by unanimous voice vote. The meeting adjourned at 9:38 p.m. READ AND CERTIFIED ACCURATE BY L ' 4 eq COUNCIL ME BE&} DATE • COU CIL T �'; DDA - E ATTEST: ja..17 j>")/00 4 ,e/ / / CITY CLERK / ‘ ID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office. 10