HomeMy WebLinkAbout01/18/2000 Business Meeting 230
CITY OF YAKIMA, WASHINGTON
JANUARY 18, 2000
BUSINESS MEETING
1. ROLL CALL
The City Council met in session on this date at 2:00 p.m., in
the Council Chambers of the City Hall, Yakima, Washington.
Mayor Mary Place, presiding, Council Members Clarence Barnett,
Henry Beauchamp, Lynn Buchanan, Larry Mattson, John Puccinelli,
and Bernard Sims present on roll call. City Manager Zais, City
Attorney Paolella, and City Clerk Roberts were also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
An Invocation was given by Council Member Puccinelli, followed
by the Pledge of Allegiance led by Council Member Sims.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Council Member Puccinelli thanked Council Member Beauchamp for
the successful Martin Luther King, Jr. march and celebration
that occurred yesterday.
Council Member Barnett asked staff to attend the public hearing
on the National Marine Fisheries Service 4(d) Rules if the rules
will impact the City. Don Skone, Planning Manager, later
reported that staff is aware of the 4(d) Rules and will attend
the public hearing.
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. Items Nos. 9, 10
and 11 were removed from the Consent Agenda. The Mayor
indicated that a slightly revised substitute ordinance was
presented for Item No. 17. The City Clerk then read the Consent
Agenda items, including resolutions and ordinances by title. It
was MOVED BY BUCHANAN, SECONDED BY SIMS, 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.)
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*5. APPROVAL OF MINUTES OF THE JANUARY 4, 2000 BUSINESS MEETING
The minutes of the January 4, 2000 Business meeting were
approved, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
6. PUBLIC MEETING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION
TO APPROVE EXPANSION OF NONCONFORMING USE FOR GOLDEN VILLA
MOBILE HOME PARK AND VACATION OF A PORTION OF CORPMAN LANE
REQUESTED BY BRAD DOWNEY (PLEASE BRING MATERIAL PREVIOUSLY
PROVIDED)
This being the time set for the public meeting /hearing, Bruce.
Benson from the Planing Division presented Council with the
staff report and the Hearing Examiner's recommendations. He
said this was a two -part application: the first part is to
expand a nonconforming mobile home park and the second part is
to vacate a portion of the City right of way. Vacation of the
City right -of -way requires a public hearing. He gave historical
information about Golden Villa Mobile Home Park and about the
proposal resulting in the requests before Council today. The
Hearing Examiner recommended that all mobile home park standards
adopted in 1978 be met, with three exceptions: 1) street
lighting would be permitted by individual pole lamps, rather
than standard lighting; 2) individual garbage cans would be
permitted; and 3) eliminate the requirement for children play
spaces because it is an adult mobile home park.
Next, Mr. Benson spoke about the right -of -way vacation portion
of the application. He said Corpman Lane was City -owned right -
of -way, acquired by virtue of several deeds in the 1930's. Only
the R -2 portion of this right -of -way was developed, hence
Corpman Lane ends abruptly at the border of the R -2 /M -1
boundary. There are no provisions for vehicles to turn around at
the south end of the street; therefore, the solution is a
partial vacation combined with the dedication of additional
rights -of -way on both the north and south sides, thereby
creating a hammerhead turn around.
Council Members discussed the Hearing Examiner's
recommendations, questioning why the 5 -foot sidewalk requirement
wasn't waived. Mr. Benson said that staff was maintaining the
present development standards on Corpman Lane. He thought the
Hearing Examiner might not have wanted to waive the sidewalk
requirement because it is a requirement under the newly adopted
Development Standards in Title 12.
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Mayor Place opened the public meeting /hearing and asked for
those wishing to speak in opposition to the project to .come
forward.
Mr. Jeff Davis, Assistant General Counsel to Longview Fibre,
said the company objects to placing two incompatible uses next
to each other. He said Longview Fibre has been in that location
for over 30 years and granting this application would be
detrimental. He said the company is a 24 -hour per day, 7 -day
per week operation that conflicts with the residential use. It
is, therefore, Longview Fibre's position that Council ought to
deny the application.
Mr. Ron Mesecher, 1902 Corpman Lane, appeared to speak against
the proposal. He requested clarification about how many units
there were going to be because the information in the staff
report and Hearing Examiner's report conflicts with one another.
He also indicated that mobile homes have, already been moved onto
some of the lots. Mr. Benson said if all of the lots were
counted, there are 33, but one is an existing lot from the
original development, so there are only 32 new lots proposed.
Mr. Mesecher questioned how many nonconforming uses it would
take to have NO conforming. He said he thinks the City should
count the lots again.
Mayor Place asked anyone wishing to speak in favor of the
project to come forward.
Doug Gray, Gray Surveying, representing Mr. Downey for this
project, indicated they agree with the conditions' recommended by
the Hearing Examiner, with the exception of the 5 -foot sidewalk
because it seems unnecessary. He responded to questions
concerning access from the park to Longview Fibre and heightened
security by limiting access points. Mr. Gray said that
Mr. Downey had contacted Longview Fibre, but he does not know
what took place in the meeting they had. He shares Longview
Fibre's concerns about incompatibility and does not want any
complaints. He commented that the plant is on a hill higher than
the homes, which should help. Council Member Sims said that in
the past, residents have moved into industrial areas and then
complained about the noise. He suggested that as part of the
lease, a warning be included to potential residents that they
would be living next to a 24 -hour operation. Mr. Gray said
Mr. Downey had no problem putting some language into a lease.
Council Members Puccinelli, Sims and Beauchamp agreed it was
important to memorialize a warning on the plat map and /or in the
lease. Council Member Puccinelli concurred that people need to
be warned that there is a 24 -hour factory operation going on and
that there is a noise factor. There was discussion about similar
situations that arose over the past several years and were
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JANUARY 18, 2000
addressed by an agreement or language placed on the plat map.
Assistant City Attorney Peterson said that language was drafted
for a similar situation and he could use that as a model for
this instance. He would be inclined to seek a requirement to
place the statement on the plat in addition to the development
agreement. Additionally, Mr. Gray said he would also like to
explore the idea of a waiver to protect the park from complaints
and lawsuits.
Mr. Mesecher, 1902 Corpman Lane, said he had one final comment,
He pointed to a planning department map from 1970, and said the
original plan had a good deal of green area with a pathway, but
now they are being squeezed in.
There being no other citizen wishing to address this issue,
Mayor Place closed the public hearing at 3:00 p.m. Council
Member Sims said he would like to extend the hearing for a few
weeks to see what staff can come back with regarding a statement
in the lease or on the plat or a development agreement about the
noise issue. He would like to see it done by a method that
would make sure it transfers with the property. Council Member
Barnett said he wants to make a motion to delete the sidewalk
requirement. Council Members Beauchamp and Buchanan also wanted
provisions for a notice for the new tenants. Council Member
Puccinelli would like to see a waiver for the City, too. It was
MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THIS MEETING BE
CONTINUED TO FEBRUARY 1, 2000 TO ADDRESS ISSUES THAT HAVE BEEN
DISCUSSED REGARDING PROPERTY RIGHTS. The motion carried by
unanimous voice vote.
7. AUDIENCE PARTICIPATION
Gilbert Lopez, Bureau of the Census, addressed the Council. He
wanted to let Council know how the City of Yakima was doing in
obtaining residents to work during the census. Yakima has an
exceptional Complete Count Committee; however, we need a
continuing effort to get the word out to people that they need
to take a test and get on the Federal Register in order to be a
census taker. A discussion ensued about how the census would
be conducted. Mr. Sims said he would like to make sure that
citizens are notified through the City's utility billing process
and informed that the funding Yakima receives is based on
population, so the census is critical.
Planning Manager, Don Skone, spoke about the upcoming hearing
being held by the National Marine Fisheries Service, which
Council Member Barnett mentioned earlier in' meeting.. He
said it is part of the Endangered Species Act and the 4(d) Rules
calls on the Secretary of Commerce to establish regulations
regarding how we go about conserving a species on the list.
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JANUARY 18, 2000
Following a brief discussion, Mr. Skone stated he would make
copies of the rules available to the Council and the public.
Council Member Puccinelli said �it is important for taxpayers to
understand where millions and millions of dollars are being
spent.
*8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE CITY OF UNION GAP FOR SANITARY SEWER IMPROVEMENTS AND
FUNDING FOR VALLEY MALL BLVD. EXTENSION PROJECT
RESOLUTION NO. R- 2000 -04, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute an
Agreement with the City of Union Gap for reimbursement of costs
related to design, and construction of a new City of Yakima
sewer line (hereinafter "the Sewer Project ") to be constructed
in conjunction with the Valley Mall Boulevard Extension to Third
Avenue South Project (hereinafter "Road Project "), and other
documents relating to the construction of the Sewer Project.
9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LOAN
AGREEMENT WITH CHESTNUT MANOR FOR REHABILITATION SERVICES
Council Member Buchanan took this item off consent because he
has a problem with making loans with no interest and no
deadlines on them. Bill Cobabe, Neighborhood Development
Services Manager, pointed out that the loan has due dates and is
required to be paid off in a timely manner. He further
indicated that it is anticipated that the City's loan would be
paid off through a refinancing package in process, and
hopefully, through a refund of property taxes that were paid.
Bill Cook, Community & Economic Development Director, said he is
comfortable with the safeguards in place that the City would
recoup its money. Jeff Enright, Property Manager for Chestnut
Manor, addressed the Council, explaining the problems
encountered with the non - profit status and the property tax
misunderstanding. He gave a descriptive history of the building
and the financing of the project. Resolution No. R- 2000 -5 having
been read by title, it was MOVED BY SIMS, SECONDED BY BARNETT,
TO ADOPT THE RESOLUTION. The motion carried by 6 -1 roll call
vote; Buchanan voting nay.
RESOLUTION No. R- 2000 -5, A RESOLUTION authorizing and directing
the City Manager to execute a loan agreement with Chestnut Manor
Limited Partnership for a $17,000 loan from 2000 Community
Development Block Grant funds for costs associated with the
rehabilitation and repair of apartment units of Chestnut Manor
for low- income senior housing.
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JANUARY 18, 2000 2 3 5
10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF GIFT
AGREEMENT WITH WASHINGTON STATE UNIVERSITY FOR STUDENT PROJECT
TO GENERATE DESIGNS ON DOWNTOWN DEVELOPMENT ISSUES
Council Member Barnett took this item off consent because he was
concerned about the use of the word "gift" since the City cannot
gift funds, and the resolution does not give the source of the
funds. Bill Cook, Director of Community & Economic Development,
said these are City funds paid through the PBIA. City Attorney •
Paolella said this is another governmental entity, so that rule
did not apply. Resolution No. R- 2000 -6 having been read by
title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ADOPT THE
RESOLUTION. It was MOVED BY BARNETT, SECONDED BY SIMS, TO AMEND
THE RESOLUTION TO INCLUDE THE APPROPRIATE ACCOUNT NUMBER OF THE
FUNDING SOURCE. The motion carried by unanimous voice vote.
The question was called for a vote on the motion, as amended.
The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2000 -6, A RESOLUTION authorizing the execution
of a gift agreement with Washington State University involving a
student research project to generate schematic designs on
downtown development issues.
11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PERSONAL
SERVICES CONTRACTS FOR 2000 COMMUNITY SERVICE PROGRAMS WITH:
A. WAME
B. YMCA
C. YWCA
D. BEST S.E.L.F.
Bill Cobabe, Neighborhood Development Services' Manager, said the
City has been providing funds for a variety of neighborhood
projects. A request for proposals was issued and a number of
proposals came in and an independent Citizens Committee came up
with the process and evaluated the proposals. The City Council
Committee examined the funding and the projects. Council Member
Buchanan objected to awarding money to some of the larger,
better - financed organizations in Yakima while others do not
receive any funding. Mr. Cobabe said members of the Citizens
Committee and the Council Committee voiced that same concern,
however, the difficulty is that funds cannot be awarded to
projects that have not been proposed. Council Member Sims stated
he would like to use the funds to enhance the 308 General
irrigation system. Council Member Buchanan agreed that we need
to focus on improving infrastructure. After further discussion
on the possible use of these funds, and Resolution No. R- 2000 -7
having been read by title, it was MOVED BY BEAUCHAMP, SECONDED
BY MATTSON, THAT THE RESOLUTION BE ADOPTED. Council Member
Buchanan requested a divided roll call vote for each project.
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JANUARY 18, 2000
A. WAME
The motion carried by unanimous roll call vote.
B. YMCA
The motion carried by 6 -1 roll call vote; Buchanan voting nay.
C. YWCA
The motion carried by 5 -2 roll call vote; Buchanan and
Puccinelli voting nay.
D. Best S.E.L.F.
The motion carried by 6 -1 roll call vote; Buchanan voting nay.
RESOLUTION NO. R- 2000 -07, A RESOLUTION authorizing the City
Manager and the City Clerk of the City of Yakima to execute
agreements with four community organizations to implement
projects for Community Services, included in the 1999 Community
Development Block Grant Consolidated Plan.
*12. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENTS FOR PARKS AND RECREATION
PROGRAMS WITH:
A. NADINE SMITH AND DIANNE CRAWFORD FOR ELDERLY FOOT CARE
PROGRAM SERVICES
RESOLUTION NO. R- 2000 -08, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to execute a "Geriatric
Footcare Services Agreement" with Dianne M. Crawford, S.P., and
a "Geriatric Footcare Services Agreement" with Nadine Smith,
R.N., to provide footcare services at the Yakima Senior Citizen
Center.
B. YAKIMA VALLEY BASKETBALL OFFICIALS ASSOCIATION FOR
OFFICIATING SERVICES
RESOLUTION NO. R- 2000 -09, 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.
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C. YAKIMA COUNTY SUBSTANCE ABUSE COALITION FOR SUPERVISED
AFTER - SCHOOL ACTIVITIES FOR YOUTH AT RISK
RESOLUTION NO. R- 2000 -10, A RESOLUTION authorizing the City
Manager of the City of Yakima to execute a "2000 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.
D. INSTRUCTORS, OFFICIALS AND REFEREES FOR VARIOUS PROGRAMS
(MASTER AGREEMENT)
RESOLUTION NO. R- 2000 -11, A RESOLUTION authorizing and directing
the Parks and Recreation Division Manager of the City of Yakima
to execute personal service agreements with instructors,
officials and referees necessary for various Parks and
'Recreation Division programs during 2000.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH YAKIMA COUNTY AGING AND LONG TERM CARE AND PEOPLE FOR
PEOPLE FOR TRANSIT SERVICES FOR THE ELDERLY AND HANDICAPPED
RESOLUTION NO. R- 2000 -12, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to execute
an agreement for 2000 Senior Citizen Transportation Services
with People for People, Inc.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH WARDELL ARCHITECTS TO DESIGN AND PREPARE CONTRACT DOCUMENTS
FOR COMPLETION OF CHESTERLEY PARK
RESOLUTION NO. R- 2000 -13, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to execute an
architectural services agreement with Wardell Architects, P.S.,
to finalize a Master Site Plan for the development of Chesterley
Park and to prepare corresponding construction documents,
• including bid drawings and specifications.
*15. CONSIDERATION OF RESOLUTION DECLARING "SUPER PASS" PERSONAL
ALERT SAFETY SYSTEM DEVICES AS SURPLUS AND AUTHORIZING TRANSFER
TO YAKIMA COUNTY FIRE PROTECTION DISTRICTS #3 AND #14
RESOLUTION NO. R- 2000 -14, A RESOLUTION declaring forty (40) used
and obsolete "Super Pass" personal alert safety system (PASS)
devices surplus and without value to the Yakima Fire Department
and authorizing transfer of 20 each to Yakima County Fire
Protection District #3 (Naches) and 20 each to Yakima County
Fire Protection District #14 (Nile Valley).
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JANUARY 18, 2000
*16. APPROVAL OF FINAL CONTRACT PAYMENT FOR 1999 SIGNAL UPGRADES
PROJECT #1866 PERFORMED BY McCANDISH ELECTRIC, INC. (STANDARD
MOTION V -B - ACCEPT PROJECT AND APPROVE THE FINAL PAYMENT)
The report from the City Engineer, dated January 10, 2000, with
respect to the completion of the work on the 1999 Signal
Upgrades Project No. 1866, performed by McCandish Electric,
Inc., was approved, the work accepted and payment of the final
estimates as therein set forth was authorized.
*17. CONSIDERATION OF ORDINANCE PROHIBITING BUILDING WITHIN THE
AIRPORT BUILDING RESTRICTION LINE
ORDINANCE NO. 2000 -01, AN ORDINANCE relating to safe and
efficient airport operations at Yakima Air Terminal - McAllister
Field, and, with limited exceptions, prohibiting construction of
any structures, facilities or improvements within'the Building
Restriction Line shown on the Yakima Air Terminal - McAllister
Field Airport Layout Plan approved by the Federal Aviation
Administration, and adding a new chapter and section to Title 6
of the Yakima Municipal Code.
18. OTHER BUSINESS
Council Member Sims recommended re- appointing Troy Emmons to the
Yakima Housing Authority Board, however, Council Member
Beauchamp requested that an appointment be delayed until the
Council Committee could meet to review all the applications on
file.
Mayor Place asked if any Council member wanted to attend the
February 25 workshop in SeaTac on salmon recovery. Council
Member Mattson agreed to be her alternate.
Council Member Buchanan asked Council to reconsider the
placement of the taxi loading area at the airport. It was
recommended that Legal staff review the Municipal Code and that
this issue be presented to the Air Terminal Board for
consideration.
There was a brief discussion about adhering to, and monitoring,
the Council's travel budget. Mayor Place indicated that it is
important to work hard when attending conferences paid for by
tax dollars.
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JANUARY 18, 2000
Information Items:
Items of information provided to Council were: Agenda for the
January 18, 2000 Yakima Valley Conference of Governments Executive
Committee meeting and minutes of its December 20, 1999 meeting.
Agenda for the January 19, 2000 COG General membership meeting and
minutes of its December 8, 1999 meeting; City of Yakima Planning
Division Assignments Pending as of January 18, 2000; and Hanford
Happenings; January 2000.
19. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION
(INFORMATION AVAILABLE FRIDAY)
The Council went into Executive Session at 4:10 p.m. for
approximately 45 minutes.
20. ADJOURNMENT TO FEBRUARY 1, 2000 AT 7:30 A.M. AT THE POLICE
STATION /LEGAL CENTER (2ND FLOOR TRAINING ROOM) FOR REVIEW OF
STORMWATER ISSUES AND MASTER IRRIGATION PLAN
Following the conclusion of the Executive Session, the meeting
adjourned at 5:14 p.m. to January 25, 2000 at 7:30 a.m. for a
study session, then to February 1, 2000 at 7:30 a.m. for a study
session.
READ AND CERTIFIED ACCURATE BY
- OUNCIL M MBER DATE
/ /
- .a - -466'4 3 7 /--d-614
CO CIL MEMB • DATE
ATTEST:
o /
MARY PLACE, CITY CLERK /� MA Y PL C MA YOR
The minutes were prepared by Marketa George Oliver.. An audio and video tape of this
meeting are available in the City Clerk's Office
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