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HomeMy WebLinkAbout11/07/2000 Business Meeting C i CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL NOVEMBER 7, 2000 - 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 Absent: All Council Members were present 2. INVOCATION /PLEDGE OF ALLEGIANCE • Council Member Puccinelli gave the Invocation, followed by the Pledge of Allegiance led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS • PANCREATIC CANCER MONTH Mayor Place read a proclamation declaring the month of November as Pancreatic Cancer Month. Jenny Devine accepted the proclamation in remembrance of her mother, Marsha Whitmore. • MARKETA OLIVER Mayor Place read a proclamation honoring Marketa Oliver, Administrative Assistant to the City Manager, who has accepted a position as the City Administration Manager for Windsor Heights, Iowa. City Manager Zais took the opportunity to commend Marketa on her ten years of service with the City. Council Member Beauchamp also expressed his appreciation and wished her the best. :2 NOVEMBER 7, 2000 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. 12 was 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 AMENDED. 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 OCTOBER 17, 2000 BUSINESS AND ADJOURNED MEETINGS The minutes of the October 17, 2000 Adjourned and Business meetings 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 for audience participation. PUBLIC HEARINGS 6. PUBLIC HEARING FOR AD VALOREM PROPERTY TAX LEVY FOR COLLECTION IN 2001 (NO ACTION REQUESTED UNTIL NOVEMBER 14, 2000): A. AN ORDINANCE AUTHORIZING AN INCREASE IN THE CITY'S REGULAR LEVY FROM THE AMOUNT LEVIED THE PREVIOUS YEAR B. AN ORDINANCE FIXING AND LEVYING THE AMOUNT OF AD VALOREM TAXES FOR THE 2001 BUDGET • City Manager Zais explains the increase City Manager Zais provided an explanation of the Ad Valorem property tax levy. He noted it is timed to coincide with the City budget. About 18% of the budget comes from property tax revenues. The 2001 budget accounts for only a 1% increase to deal with fixed and mandated costs. In previous years the request has been for the maximum 6% based on need. This year the request has been lowered to a 2% increase. The reasons for the reduced request is the area's depressed economy, to avoid an unanticipated tax increase on our population, and the potential impact of Initiative 722. He provided the following facts: - The levy is below two statutorily set limits: $3.60 per thousand assessed valuation and 6% maximum property tax levy - The 2% increpse is below any of the cost of living indices and the increased assessed valuation 2 3 NOVEMBER 7, 2000 - The per capita tax is less than most jurisdictions, about $53 less than other cities - Property tax supports fire /police pension obligations, library, street and parks services, as well as police, fire and administrative services - The full levy amount is not collected every year due to senior citizen and other reductions • Mayor Place opens the public hearing No citizen stepped forward to comment on the Ad Valorem Property Tax levy. The vote on this item will take place Tuesday, November 14 at 8:30 a.m. 7. PUBLIC HEARING ON 2001 HUD ACTION PLAN (CONTINUED FROM OCTOBER 17, 2000) • Bill Cobabe gives an overview of HUD activities Office of Neighborhood Development Manager, Bill Cobabe, explained that each year the Community Development Block Grant and Home Programs receive funds from the Federal Government to operate a number of programs at the direction of City Council. The HUD Action Plan is the proposal of how to spend the money during the coming year. A video was shown giving an overview of the programs. Some of the highlighted programs were community partnerships (Habitat for Humanity, United Builders, Triumph Treatment Center, Coalition for the Homeless), senior programs, affordable housing, and assisting City government. Mr. Cobabe also noted they expect the money put into community development will bring in 150 new jobs. They also expect to provide new housing or housing development for up to 35 families, 28 new senior residents will be served in the coming year and the paint program will paint at least 15 homes. Graffiti will be painted out again in April and there will be hundreds of feet of new sidewalks financed. Mr. Cobabe responded to Council Member Beauchamp's concern about fair distribution of services by advising that most services provided are within the "target area" and that they advertise in various forms of media including Hispanic radio and newspapers. He assured Council they take steps to make sure minority contractors get an opportunity to submit bids and assist w ith training and explanations with these contractors on the bidding process. • Mayor Place opens the public hearing. Ester Huey, 1211 S. 7' Street, Southeast Community Center, suggested the need of another category in the HUD plan, Youth Development. She said we have been able to reduce juvenile problems by 50% to 80% when we can get to those children and redirect them. 3 4 NOVEMBER 7, 2000 Larry Marvin, Assistant Vice President of Yakima Federal Savings Bank at 5007 West Lincoln Avenue, commended the ONDS staff and spoke about their partnership in the affordable housing program. Beth Dannhardt, 621 S. 22 Avenue, Executive Director of Triumph Treatment Center, a partnership agency, spoke highly of the ONDS staff. She agreed with Mrs. Huey about the needs for young people Buddy Cluck, Executive Director of Habitat for Humanity voiced his appreciation and support of ONDS. He said they have played a vital role in all of the 37 new homes they have built. Phil Pleasant, 1202 Fair Avenue, expressed his concern about the emphasis being on jobs versus business. He feels there should be an effort made to insure local businesses survive and grow with this money rather than giving the money to bring in new companies and jobs. Mayor Place closed the public hearing. CITY MANAGER'S REPORTS *8. CONSIDERATION OF LEGISLATION RELATING TO YAKIMA AIR TERMINAL — McALLISTER FIELD: A. RESOLUTION APPROVING THE 2000 BUDGET AMENDMENT NO. 1 RESOLUTION NO. R- 2000 -134, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY approving the Yakima Air Terminal — McAllister Field 2000 Budget — Amendment #1. B. RESOLUTION APPROVING THE 2001 BUDGET RESOLUTION NO. R- 2000 -135, A RESOLUTION approving the Yakima Air Terminal — McAllister Field 2001 Budget. *9. CONSIDERATION OF RESOLUTIONS AUTHORIZING GRANT AMENDMENTS FOR YAKIMA AIR TERMINAL — McALLISTER FIELD PROJECTS: A. AIRPORT LAYOUT PLAN (PROJECT NO. 3-35-0089-20) RESOLUTION NO. R- 2000 -136, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY authorizing the acceptance and execution of Amendment Number 1 to Grant Agreement for project number 3 -53- 0089 -20 between the Federal Aviation Administration (hereinafter referred to as the . "FAA "), and the City of Yakima and Yakima County, (hereinafter referred to as the "Sponsor "). 4 NOVEMBER 7, 2000 5 • B. RUNWAY 27 SAFETY AREA IMPROVEMENTS (FISH HATCHERY PURCHASES AND DEMOLITION) AND FOR INSTALLATION OF VISUAL NAVAIDS (THREE RUNWAYS) (PROJECT NO. 3 -53- 0089 -21) RESOLUTION NO. R- 2000 -137, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY authorizing the acceptance and execution of Amendment Number 1 to Grant Agreement for project number 3 -53- 0089 -21 between the Federal Aviation Administration (hereinafter referred to as the "FAA "), and the City of Yakima and Yakima County, (hereinafter referred to as the "sponsor "). *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH YAKIMA PHYSICIANS FOR JAIL INMATE SERVICES RESOLUTION NO. R- 2000 -138, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services agreement between the City of Yakima and Yakima Physicians, a Washington corporation, to provide jail medical services. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH THE UPPER YAKIMA VALLEY REGIONAL WELLHEAD PROTECTION COMMITTEE CONCERNING THE WELLHEAD PROTECTION PROGRAM RESOLUTION NO. R- 2000 -139, A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement for the Regional Wellhead Protection Plan with the members of the Upper Yakima Valley Regional Wellhead Protection Committee. 12. SET DATE OF CLOSED RECORD PUBLIC HEARING FOR NOVEMBER 21, 2000 TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON THE REZONE OF PROPERTY IN THE VICINITY OF 2324 SOUTH 1 STREET REQUESTED BY THOMAS PENCE This item was removed from consent to request a better map be supplied. Dan Valoff, Acting Planning Manager, explained this property is located next to J &J Drive In on South 1s Avenue. He said they will supply a better map prior to the hearing. BUCHANAN MOVED AND SIMS SECONDED TO SET THE DATE OF NOVEMBER 21, 2000 AS THE DATE FOR A "CLOSED RECORD" HEARING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION ON THE REZONE OF PROPERTY LOCATED IN THE VICINITY OF 2324 SOUTH 1 STREET, REQUESTED BY THOMAS PENCE. The motion carried by unanimous roll call vote. *13. SET DATE OF PUBLIC HEARING FOR DECEMBER 5, 2000 ON AMENDMENTS TO THE URBAN AREA COMPREHENSIVE PLAN December 5, 2000 was set as the date for a public hearing to consider the Regional Planning Commission's recommendation on the year 2000 Yakima Urban Area Comprehensive Plan and regulatory text amendments. 5 6 NOVEMBER 7, 2000 ORDINANCES *14. CONSIDERATION OF ORDINANCE REZONING PROPERTY AT 3204 AND 3214 FRUITVALE BOULEVARD REQUESTED BY NORMAN'S NURSERY ORDINANCE NO. 2000-48, AN ORDINANCE concerning land use and zoning, rezoning three parcels (approximately 4.5 acres) in the vicinity of 3204 and 3214 Fruitvale Boulevard from Light Industrial (M -1) to Central Business District Support (CBDS), and amending the Official Yakima Urban Area Zoning Map accordingly. *15. CONSIDERATION OF ORDINANCE REZONING PROPERTY AT 3911 CASTLEVALE AVENUE REQUESTED BY ABRAMS FAMILY INVESTMENTS ORDINANCE NO. 2000-49, AN ORDINANCE concerning land use and zoning, rezoning the west portion of a parcel in the vicinity of 3911 Castleview Avenue from Local Business (B -2) to Professional Business (B -1), and amending the Official Yakima Urban Area Zoning Map accordingly. QUASI- JUDICIAL PUBLIC HEARING /MEETING 16. PUBLIC HEARING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON PETITION TO VACATE A PORTION OF KNOBLE STREET AND MAVIS AVENUE REQUESTED FOR LIVING CARE CENTER Dan Valoff, Acting Planning Manager, explained this is a right -of -way request to vacate Mavis Avenue and a portion of Knoble Street located adjacent to the Living Care Center. The request was submitted by Ankrom Moisan Associated Architects, Inc. This would allow them to develop a campus -like environment. Staff is recommending upholding the Hearing Examiner's recommendation to approve the requested right -of -way vacation subject to some conditions. All Council members disclosed there had been no ex parte contact. • Mayor Place opens the public hearing Mayor Placed opened the public hearing. James Carmody, 405 East Lincoln, representing the Living Care Center, advised that the disagreement is about the compensation component. He recommended the Council approve the vacation itself and remand the compensation portion back to the Hearing Examiner for further determination. He said they would agree that all the public utilities that are presently located in the street would be continued and maintained by appropriate easement. Jerry Henderson, 309 N. 35 Avenue, spoke in support of the proposal. He had checked into access to and from the Bank of America located at that corner and was assured there would be no loss of access from the public roads. 6 J 7 NOVEMBER 7, 2000 • Mayor Place closes the public hearing and Council makes motion. There being no other citizen wishing to address this issue, the Mayor closed the public hearing. BUCHANAN MOVED AND BEAUCHAMP SECONDED THAT WE REMAND THE ENTIRE THING. SIMS MOVED AND PUCCINELLI SECONDED TO AMEND THE MOTION TO GRANT TEMPORARY USE TO THE APPLICANT OF THE VACATION SUBJECT TO THE COMPENSATION ISSUE BEING RESOLVED AND THE FINAL ORDINANCE BEING HELD IN ABEYANCE. The amendment carried by unanimous roll call vote. The question was called for a vote on the motion as amended. The motion, as amended, carried by unanimous roll call vote. 17. CONTINUATION OF CLOSED RECORD PUBLIC MEETING REGARDING APPEAL OF HEARING EXAMINER'S DECISION FILED BY LORI FRYMIER ON AN APPEAL BY HARRY RAINFORD ON A NOTICE OF NONCOMPLIANCE CONCERNING 3310 W. NOB HILL BOULEVARD Dan Valoff, Acting Planning Manager, explained the continuation of this public meeting. Council Members disclosed there was no ex parte contact. • Mayor opens closed record public meeting Mayor Place opened the closed record public meeting. Lori Frymier, 1014 S. 33 Avenue, said that during the appeal process Mr. Rainford had agreed to the Class 2 staff report. She based her decision of whether or not to appeal on that information. When she realized the car wash was being operated on a 24 hour basis she contacted the City for enforcement of the Class 2 report. Jim Hurley, 411 N. 2nd Street, representing Mr. Rainford, gave a review of the background. He said it was unknown to Mr. Rainford that Mrs. Frymier had submitted a letter concerning the noise from the car wash. He said this information was not communicated to Mr. Rainford until he received enforcement action by the City to cease and desist operating in hours other than was in the staff report. Mr. Rainford appealed that enforcement action. There was a hearing held at which everyone was present except Mrs. Frymier. The Hearing Examiner's decision was that the notice of noncompliance was dismissed resulting in no limit to the hours of operation. On April 15, 1999 Mrs. Frymier filed an appeal of this decision. Since that time a lot of effort has been put into reducing the amount of noise but they have been unable to come to an agreement regarding limiting the hours of operation. There was discussion regarding the fact that although the hours of operation were within the Class 2 staff report they were not in the Findings and Conclusions nor Recommendations of that report. Mr. ,Hurley also noted that the signing for receipt of that document was not a signature of agreement. 7 V NOVEMBER 7, 2000 Lori Frymier spoke again noting that she had submitted written testimony for the hearing she had been unable to attend and she had also requested it be moved as she had to be out of town. In that written testimony the noise issue was brought up. • Mayor Place closes public hearing and Council makes motion There being no further testimony, the Mayor closed the public hearing. BEAUCHAMP MOVED AND PUCCINELLI SECONDED TO ACCEPT THE HEARING EXAMINER'S DECISION BUT URGED MR. RAINFORD TO DO THE BEST HE CAN TO HELP MITIGATE THE NOISE. The motion carried by a 6 -1 roll call vote, Buchanan voting nay. 18. OTHER BUSINESS • Council passes motion on travel controls for Council Members PUCCINELLI MOVED AND MATTSON SECONDED THAT CITY OFFICIALS SET AN EXAMPLE AND DO NO OUT -OF -STATE TRAVEL AT THE CITY'S EXPENSE WITHOUT THE CONSENT OF CITY COUNCIL. Council Member Buchanan disagreed with this motion stating that this Council has had a policy that Council Members can attend functions that they feel are important as long as they don't exceed the budget that has been set for travel. He expressed his belief that one way to get things accomplished is to network with people. He also noted his long- standing position on the Council and his high voter support. Council Members Puccinelli and Beauchamp both spoke about the need for cost controls during tight economic times. *An addition to the minutes was approved at the November 21, 2000 Business meeting. Council Member Buchanan compared travel expenditures to date stating that he had put in $900 worth of expenses while Council Member Mattson had put in $2,000 and Mayor Place had expended $1,748. Following discussion the question was called for a vote on the motion. The motion carried by a 5 -2 roll call vote, Sims and Buchanan voting nay. • 40 Avenue Annexation Mayor Place announced that the court judge ruled today in the City of Yakima's favor and said our outside utility agreements are valid, the fire district did have standing, and that the Boundary Review Board could enlarge the area. The fire district and the two people who filed this claim may decide to appeal. • Campaign Advertising City Manager Zais advised Council on a specific incident that occurred the day before where an individual who had a political sign on his bicycle against one of the initiatives opted to place his bike on the bus' bike rack and then proceeded to ride the bus most of the day. This was discovered when several people called and complained.. After being looked into by our Legal Department it was determined that political signs and political advertising shall not be authorized 8 NOVEMBER 7, 2000 • 9 on any City of Yakima bike rack. A bulletin was issued to that effect to avoid this happening in the future. A lot of complaints were received as well about the number of political signs in the City's right -of -way. Staff was asked to research state law regarding placement of political signs in the City's right -of -way. a • INFORMATION ITEMS Items of information provided to Council were: Public Service Announcement re: Construction activities for week of November 6 -10, 2000. 11/2/00; Report of the Chief of Police for August 2000; Planning Division Assignments Pending Report as of November 7, 2000; Agenda for the November 6, 2000 Charter Civil Service and Police & Fire Civil Service Commission meeting and minutes of their September 11, 2000 meeting; Article from November 1, 2000 USA TODAY, "High Court Hears Arguments in Wetlands Case "; Hanford Happenings. November 2000; Hanford Update. November 2000; and Article from October 2000 Building Insight, "NMFS Adds to Traffic Woes; Salmon Come First." 19. EXECUTIVE SESSION REGARDING PENDING LITIGATION (allow approximately 20 minutes) MATTSON MOVED AND SIMS SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION AND THEN ADJOURN TO NOVEMBER 14, 2000 AT 8:30 A.M. IN THE COUNCIL CHAMBERS FOR ORDINANCE ENACTING AD VALOREM TAX. At 5:45 p.m. Assistant City Manager Rice announced the Executive Session would continue for another fifteen minutes. 20. ADJOURNMENT TO NOVEMBER 14, 2000 AT 8:30 A.M. IN THE COUNCIL CHAMBERS FOR ORDINANCE ENACTING AD VALOREM TAX, THEN TO 8:45 A.M. — NOON FOR BUDGET REVIEW, THEN TO NOVEMBER 21, 2000 AT 8:30 A.M. — NOON IN THE COUNCIL CHAMBERS FOR BUDGET REVIEW The meeting adjourned at 6:00 p.m. ., READ AND CERTIFIED ACCURATE BYE , / - - /G 0 -- 6 / OU'ICIL MEMBER / /BATE 4 144 2 4 Il i J© r COUNCIL ME ER D,4TE ATTEST: ,,77, ,/,( • CITY CLERK MARY PLACE, MAYOR Minutes prepared by Linda Watkins, reviewed by Karen R rts. An audio and video tape of this meeting are available in the City Clerk's Office 9