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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.) • • 231 JANUARY 18, 2000 *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. 2 232 JANUARY 18, 2000 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 3 233 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. 4 234 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. • 5 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. 6 236 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. 7 237 JANUARY 18, 2000 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). 8 238 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. • 9 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 10