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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 • • 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. • 361 MAY 16, 2000 • 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 • 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 .2 362 • MAY 16, 2000 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 3 363 MAY 16, 2000 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 4 �d� 3 6 4 MAY 16, 2000 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 • 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 5 365 MAY 16, 2000 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. 6 3 6 6 MAY 16, 2000 *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. 7 367 MAY 16, 2000 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. 8 3 6 8 MAY 16, 2000 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. 9 369 MAY 16, 2000 • 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 10