HomeMy WebLinkAbout05/16/2000 Business Meeting 360
CITY OF YAKIMA, WASHINGTON
MAY 16, 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 City Hall, Yakima, Washington, Mayor
Mary Place, presiding. Council Members Henry Beauchamp, Lynn
Buchanan, Larry Mattson, John Puccinelli, and Bernard Sims
present on roll call. Council Member Clarence Barnett was
absent and excused. 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 Mattson.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS
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• DR. LARRY PETRY DAY
Mayor Place read a proclamation declaring June 9, 2000 as
Dr. Larry Petry Day honoring his 26 years of service with the
Yakima School District, the fast 7 years as Superintendent.
Dr. Petry is retiring June 30, 2000.
• OLDER AMERICAN MONTH
Council Member Mattson read a proclamation declaring the
month of May, 2000 as Older American Month. Helen Bradley
from the Office of Aging and Long Term Care accepted the
proclamation. Mrs. Bradley invited everyone to attend an
open house at their new offices at 106 S. 6th Street on May
30
• JACK GOETZ APPRECIATION
City Manager Zais read a proclamation honoring Jack Goetz,
owner and general manager of. KIT radio, for his role in
keeping the community informed following the eruption of
Mount St. Helens twenty years ago this week.
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• NATIONAL PUBLIC WORKS WEEK
Mayor Place read a proclamation declaring the week of May 21
through May 27 as National Public Works Week in the City of
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Yakima. Public Works Director, Chris Waarvick, accepted the
proclamation.
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. It was the general
consensus to add Item No. 19, and Item No. 21A setting June 6
as the date for public hearing on the draft Parks & Recreation
Plan. 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;
Barnett absent. (Subsequent paragraphs preceded by an asterisk ( *)
indicate items on the Consent Agenda handled under one motion without
further discussion.)
*5. APPROVAL OF MINUTES OF THE MAY 2, 2000 BUSINESS MEETING
The minutes of the May 2, 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 APPEAL FILED BY KRIS HILLIS OF THE
HEARING EXAMINER'S DECISION ON THE APPEAL OF THE SUBDIVISION
ADMINISTRATOR'S DECISION APPROVING A TWO -LOT PLAT IN THE
VICINITY OF 5811 TIETON DRIVE, FILED BY LARRY LOVELESS (PLEASE
BRING MATERIAL PREVIOUSLY PROVIDED)
This being the time set for the public meeting, Dan Valoff,
Associate Planner, described the purpose for the public meeting
on the appeal of the Hearing Examiner's decision relating to the
subdivision at 5811 Tieton Drive. Larry Peterson, Assistant City
Attorney, distributed copies of Title 16.006.020E of the Yakima
Municipal Code, and advised the Council members that this
section of the code follows State law and that they may only
consider points appellants make regarding material that was
presented before the Hearing Examiner.
Phil Barnes, 412 South 59 Avenue, expressed his frustration
summarizing that he felt the only remaining alternative the
neighbors had was to begin legal action. He said he was a
licensed real estate agent and based on his knowledge this short •
plat will devalue the other properties by 10%-15%. Don Skone,
Planning Manager, advised that because the Hearing Examiner did
not discuss, nor reach any conclusions, in his written decision
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regarding the value of these properties, it was not pertinent to
the appeal. Kris Hillis, 417 South 59 Avenue, said he had
hoped to be able to appeal to the City Council's common sense.
Dave Jorgensen, 419 South 59 Avenue, referenced goals from the
Urban Area Comprehensive Plan and how, based on them, he felt
the City Council should have the right to make changes to the
Hearing Examiner's decision. He expressed a fear that other
large lots in the area will be short platted. He requested that
Council Member Mattson refrain from voting on this issue due to
a conflict of interest because he works for the County's
Planning Department. Council Member Mattson responded that the
City's Planning Division is independent from the County's
Planning Department and he doesn't believe there is a conflict
of interest.
Larry Loveless, 806 North 44 Avenue, explained that they are
planning on doing construction that will enhance the
neighborhood. He countered the fear that this would cause other
lots to short plat saying this could not be done because most of
the other lots were not big enough nor were the houses suitably
located on them. Kimberly Loveless, 806 North 44 Avenue,
commented that they have met the laws that govern their
business. She stated that the neighbors have no idea what the
property will look like once it is developed.
Blair Shean, 211 South 59 Avenue, commented that if the
Hearing Examiner's decision was made with no discussion of how
property values would be affected, that was a gross oversight.
He asked City Council to refer this decision back to the Hearing
Examiner to have the decision remade with property value being
the main point. Council Member Mattson explained the process of
having one open record hearing and one closed record hearing and
how it is necessary to bring your evidence to the open record
hearing. He explained that if the argument was property value,
it should have been addressed then. He again clarified that the
Council member's hands were tied as Mr. Loveless' application
met the letter of the law.
Jessie Abhold, 414 South 59 Avenue, said she felt the City
Council really could do something about this as she had
mentioned the issue of devaluing property at the hearing. She
brought up the question of the address being changed from one
street to another street to allow the short plat. Don Skone,
Planning Manager, clarified that the address did not change and
that the designation of which side was to be considered the
front of the property was done as a result of the first
application which had been denied and not done in conjunction
with this application for subdivision. Mrs. Abhold also
requested Council Member Mattson refrain from voting. Assistant
City Attorney Peterson explained that Council Member Mattson is
a County employee, not an employee for the City Planning
Department, therefore, there is no conflict of interest. Terry
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Benedict, 108 West Mead, spoke in support of the Loveless Short
Plat saying people should have an equal opportunity to live in a
neighborhood of their choice whether they want a large lot or a
small lot.
Mayor Place closed the hearing. City Attorney Paolella advised
that the Council's choices were to either affirm the Hearing
Examiner's decision or reject it. Following an explanation of
the layout of the proposed short plat, it was MOVED BY MATTSON,
SECONDED BY SIMS, TO UPHOLD THE HEARING EXAMINER'S DECISION AND
DENY THE APPEAL. The motion carried by a 4 -2 roll call vote,
Buchanan and Beauchamp, voting nay; Barnett absent.
7. AUDIENCE PARTICIPATION
A. PRESENTATION BY THE EMIL KISSEL FAMILY
Rita Kissel, 1009 South 26 Avenue, daughter -in -law of the late
Emil Kissel, reviewed the history of Emil Kissel Park telling
how Mr. Kissel had worked his way to be Supervisor of the City
Parks. It's now been 22 years and she said the family feels it
is time for'the park honoring Emil Kissel to happen. Angela
Kissel, 1009 South 26 Avenue, Emil Kissel's granddaughter,
feels tennis courts would be perfect for the park. Sheila
Kissel - Evans, 32713 Fall City Road, Fall City, Washington, said
in light of the fact that the City has two commitments, one to
build the park in honor of Emil Kissel and the second to move
twelve tennis courts from Larson Park, it makes sense to her to
combine the two commitments into one park. P.J. Harter, 105 West
Fremont #11, Selah, said Eisenhower FFA had various options
available to them for land. Jennifer Giles, 20 Kenny Drive, the
current FFA president at Eisenhower, described how they'have
benefited from using this land lab and how they would hate to
lose their ag program. She also invited the Council Members to
the FFA awards banquet to be held May 24 at 6:00 p.m. in the
Ag Building at Eisenhower. She concluded her remarks by saying
the FFA is looking forward to the future development of the
park, whether it is tennis courts or other recreational uses.
Carol Masterson, 1114 South 32 Avenue, responding to the
Kissel family said she hoped they considered all the parks as
Emil's parks because he was the developer of them. She read a
statement she had prepared regarding the tennis courts and
described how the surrounding neighborhood is upset and prefers
a day -use only, natural habitat park. Dennis Swain, caretaker
for Linn Dean at 162 S. 28 Avenue, said public access to the
park is currently unavailable therefore, he feels the
development of the park should go forward. Mayor Place
clarified that she and City Manager Zais spoke with Dr. Petry
this morning and he said they knew the school district's
contract had expired with Kissel Park. He said they would be
more than willing to work with the City to look at alternate
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sites, emphasizing that they did know it was the school
district's` responsibility to do that. Susan Whitman, 20 Kenny
Drive, Jennifer Giles' mother, spoke in support of the land lab
and everyone working together to accomplish both. Larry Dean,
1410 South 34 Avenue, worked with Mr. Kissel helping develop
these parks and would like to see this park go forward in Mr.
Kissel's name.
8. CONSIDERATION OF AMENDMENT TO THE 2000 BUDGET POLICY ISSUE
REGARDING SUMMER CLOSURE OF LIONS POOL AND RESOLUTION
AUTHORIZING EXECUTION OF AGREEMENT WITH THE YOUNG MEN'S
CHRISTIAN ASSOCIATION FOR OPERATION OF MILLER POOL IN 2000
Denise Nichols, Parks and Recreation Manager, introduced Debbie
Wadleigh, Aquatics Supervisor, and told how at the recent State
Parks and Recreation Conference Debbie had been honored with an
Aquatics Professional Award for continued support and dedication
to the aquatic profession.
Mrs. Nichols announced the public /private partnership between
the YMCA, United Way and Providence Health Systems to meet the
challenge of keeping Lions Pool open for the summer months. She
introduced Terry Rasberry, General Director of YMCA, who
described the YMCA's plan to operate Miller Pool allowing those
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funds to be redirected to keep Lion's pool open. Mrs. Nichols
also mentioned they are pursuing having the YMCA run the Miller
Playground Program thereby enhancing the swimming opportunities
with the children in the playground. Glenn Phillips, Executive
Director of Yakima County United Way, spoke of their pleasure
with this partnership. Chris Borr, representing Providence
Health systems, said that this partnership not only supports the
patients they treat in their aquatics program but also the
16,000 that will visit the facility over the summer. Resolution
No. R- 2000 -51 having been read by title it was MOVED BY SIMS,
SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion
carried by unanimous roll call vote; Barnett absent.
RESOLUTION NO. R- 2000 -51, A RESOLUTION authorizing the City
Manager of the City of Yakima to execute an agreement between
the City of Yakima and the Young Men's Christian Association for
the operation and maintenance of the public swimming pool at
Miller Park during the summer of 2000.
9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LICENSE
AGREEMENT WITH ALLIED ARTS COUNCIL FOR MILLENNIUM PLAZA PROJECT
Bill Cook, Director of Community and Economic Development,
explained this agreement would authorize construction and long
term maintenance of the Millennium Plaza Project on the City -
owned parking lot across from the Capitol Theatre. Maintenance
would be at Allied Arts expense for the life of the agreement.
The plaza would be exclusively for public use without cost. The
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City would receive advanced written notice of exhibits and art
forms to be displayed.
Doug Rich, representing Allied Arts, described the project in
detail, and reassured Council that there will be no loss of
parking spaces, but actually a net increase of five spaces due
to redesigning the lot. He itemized the advantages of the
project listing the amalgamation of art, community, business and
government, a positive attraction to the downtown core and
another step in trying to create a 24 -hour a day city with
positive .reasons to be downtown. Mr. Rich outlined the
financial aspects of the project noting that there has already
been $19 8 raised without it having been brought to the
public yet. Kathy O'Meara - Wyman, 5210 Glacier Way, a member of
the steering committee, expressed her excitement with the
project and. the process that was used. She submitted a petition
with over 264 signatures in support of the project. Steve
Caffery, representing the Downtown Area Redevelopment Committee
and the Capitol Theatre, encouraged the City Council to vote for
this project as a. commitment to tourism and business. Jar
Arcand, Co -Chair of the Downtown Area Redevelopment Committee,
related that DARC made a motion to support this project and it
passed unanimously. He pointed out that the project raised
concerns regarding downtown .parking but since it will not be
reducing the existing parking, that issue needs to be separated
from the project. Resolution No. R- 2000 -52 having been read by
title only, it was MOVED BY MATTSON, SECONDED BY SIMS, TO ADOPT
THE RESOLUTION. The motion carried by unanimous roll call vote;
Barnett absent.
RESOLUTION NO. R- 2000 -52, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to execute a License
Agreement with the Allied Arts Council of Yakima Valley for the
Millennium Plaza Project.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES CONTRACT WITH METROPOLITAN COMMUNICATIONS
CONSULTANTS REGARDING TELECOMMUNICATIONS AND TECHNOLOGY PLANNING
PROJECT
RESOLUTION 2000 -53, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a Technical Assistance Agreement
with Metropolitan Communications Consultants, LLC, for the
provision of technical and consultant services regarding
development and implementation of the City's Telecommunications
and Technology Planning Project.
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*11. CONSIDERATION OF RESOLUTION AUTHORIZING CLOSURE OF 3 STREET
BETWEEN YAKIMA AVENUE AND CHESTNUT EVERY SUNDAY (8:30 . A.M. -
4:00 P.M.) BEGINNING JUNE 4. THROUGH OCTOBER 2.9 FOR A FARMERS'
MARKET
RESOLUTION NO. R- 2000 -54, A RESOLUTION authorizing temporary
closure of portions of South Third Street between East Yakima
Avenue (to the North) and East Chestnut Avenue (to the South)
for the Yakima Farmers' Market.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL
AGREEMENT WITH YAKIMA COUNTY REGARDING GROWTH MANAGEMENT
IMPLEMENTATION
RESOLUTION NO. R- 2000 -55, A RESOLUTION authorizing and directing
the Mayor to execute an Interlocal Agreement with Yakima County
regarding growth management implementation.
*13. CONSIDERATION OF RESOLUTION APPROVING EMPLOYEE WELLNESS PROGRAM
RESOLUTION NO. R- 2000 -56, A RESOLUTION authorizing, approving
and ratifying the "2000 Operating /Program Plan" of the City of
Yakima Wellness Committee.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH BURLINGTON NORTHERN SANTA FE RAILWAY FOR WHISTLE BAN AND
SAFETY MEASURES .
RESOLUTION NO. R- 2000 -57, A RESOLUTION authorizing and directing
the City Manager to execute an Agreement with the Burlington
Northern Railway Company for a whistle ban pilot study project
in. the City of Yakima.
*15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT
TO THE CONTRACT WITH GOLDER ASSOCIATES FOR SUPPLEMENTAL STUDIES
FOR THE IRRIGATION MASTER PLAN
RESOLUTION NO. R- 2000 -58, A RESOLUTION authorizing execution of
Amendment #1 for professional engineering services between the
City of Yakima and Golder Associates, Inc.
*16. ACCEPTANCE OF 1999 HEALTH BENEFIT PLAN ANNUAL REPORT
The 1999 Health Benefit Plan Annual Report was accepted.
*17. APPROVAL OF REPORTS FROM THE FINANCE DEPARTMENT:
A. FIRST QUARTER 2000 REVENUE AND EXPENDITURE (BUDGET) REPORT
The First Quarter 2000 Revenue and Expenditure (Budget) Report
was approved.
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B. FIRST QUARTER 2000 TREASURERS REPORT
The First Quarter 2000 Treasurers Report was approved.
• C. FIRST QUARTER 2000 ACCOUNTS RECEIVABLE REPORT
The First Quarter 2000 Accounts Receivable Report was approved.
*18. SET DATE OF PUBLIC HEARINGS FOR JUNE 6, 2000 TO CONSIDER:
A. APPEAL FILED BY DAVID DOREMUS OF THE HEARING EXAMINER'S
CLASS (2) ZONING REVIEW AND SEPA APPEAL DECISION FOR A
CARDROOM /RESTAURANT AT 1900 EAST NOB HILL BOULEVARD
June 6, 2000 was set as the date of public hearing to consider
an appeal filed by David Doremus of the Hearing Examiner's Class
(2) zoning review and SEPA appeal decision for a
cardroom /restaurant at 1900 East Nob Hill Boulevard.
B. PERIODIC PUBLIC REVIEW OF CITY OF YAKIMA CABLE TV FRANCHISE
ORDINANCE
June 6, 2000 was set as the date of public hearing regarding a
Periodic Public Review of the City of Yakima Cable Television
Franchise Ordinance No. 93 -115.
*19. CONSIDERATION OF LEGISLATION RELATING TO PRETREATMENT
A. ORDINANCE AMENDING CHAPTER 7.65 OF THE MUNICIPAL CODE AND
IMPLEMENTING A DELEGATED WASTEWATER PRETREATMENT PROGRAM
ORDINANCE NO. 2000 -19, AN ORDINANCE relating to public services
and utilities for the Wastewater Division; providing authority
to implement and enforce a fully delegated wastewater
pretreatment program, including the eventual issuance and
enforcement of wastewater discharge permits; providing accurate
references to administrative officials and divisions of the City
of Yakima; adding Sections 7.65.015, 7.65.180, 7.65.190,
7.65.195, 7.65.198 to the Yakima Municipal Code; amending
Sections 7.65.010, 7.65.020, 7.65.060, 7.65.070, 7.65.080,
7.65.090, 7.65.100, 7.65.120, 7.65.130, 7.65.140, 7.65.160,
7.65.170, 7.65.200, 7.65.210, 7.65.220, 7.65.230, 7.65.240,
7.65.260, 7.65.270, 7.65.280, 7.65.285, 7.65.290, 7.65.310,
7.65.320, 7.65.330, 7.65.340, 7.65.360, 7.65.370, 7.65.380,
7.65.420, 7.65.430 of the Yakima Municipal Code, and providing
for related matters.
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B. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH TERRACE
HEIGHTS SEWER DISTRICT
RESOLUTION NO. R- 2000 -59, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute a
Special Agreement with the Terrace Heights Sewer District
"Terrace Heights" to implement the requirements of the National
Pretreatment System.
C. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH UNION
GAP
RESOLUTION NO. R- 2000 -60, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima "City" to execute a
Special Agreement with the City of Union Gap "Union Gap" to
implement the requirements of the National Pretreatment System.
*20. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE AND
REDUCING SPEED LIMIT TO 20 MPH ON SEALCOATED STREETS
ORDINANCE NO. 2000 -20, AN ORDINANCE relating to traffic; setting
speed limits on sealant coated streets and roadways and
enacting, as a new section, Section 9.50.375 of the City of
Yakima Municipal Code.
21. OTHER BUSINESS
*A. SET DATE OF PUBLIC HEARING FOR JUNE 6, 2000 TO CONSIDER THE
PARKS AND RECREATION FIVE -YEAR COMPREHENSIVE PLAN FOR 2000 -2005
June 6, 2000 was set as the date of public hearing.
City Manager Zais announced that the House of Representatives
passed an appropriation for the Yakima Armory in the amount of
$5.1 million. He also noted that there will be an overview of
Yakima's experience during the Mount St. Helen's eruption at
6:30 p.m. Saturday night at the Convention Center.
Information Items:
Items of information provided to Council were: Correspondence
from Lois Betzing, Principal of Lewis & Clark Middle School, regarding
development of Kissel Park. 5/5/00; Correspondence from Donna Orvald
regarding development of Kissel Park. 5/4/00; Correspondence from
Skip Steinmetz regarding development of Kissel Park. 5/8/00; Press
Release from Tacoma - Pierce County Visitors & Convention Bureau
announcing City of Tacoma to Build New Downtown Convention Center with
Opening in 2002. 5/4/00; Planning Division Assignments Pending Report
as of May 16, 2000; and Article, "Eyman Drops HOV Portion of
Initiative.
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22. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION
• It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO
EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION FOLLOWED BY
ADJOURNMENT TO JUNE 6, 2000 AT 7:30 A.M. AT THE POLICE
STATION /LEGAL CENTER (2ND FLOOR TRAINING ROOM) FOR A STUDY SESSION
REGARDING DRAFT TREE ORDINANCE. The motion carried_by unanimous
voice vote; Barnett absent.
23. ADJOURNMENT TO JUNE 6, 2000 AT 7:30 A.M. AT THE POLICE
STATION /LEGAL CENTER (2ND FLOOR TRAINING ROOM) FOR A STUDY SESSION
• REGARDING DRAFT TREE ORDINANCE
Following the conclusion of the Executive Session, the meeting
adjourned at 5:50 p.m.
4/ l/
READ AND CERTIFIED ACCURATE BY: r/ +( / •%r O∎ , ��
OUNCIL MEMBER / r•T
OUNCIL M.'MBER DATE
ATTEST:
c /hc 47
CITY CLERK MA PLACE, MAYOR
Minutes prepared by Pension /Records Clerk Watkins. An audio and video tape of this
meeting are available in the City Clerk's Office
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