HomeMy WebLinkAbout09/18/2001 Business Meeting 29 1
CITY OF YAKIMA
BUSINESS MEETING OF THE CITY COUNCIL
SEPTEMBER 18, 2001 - 2:00 P.M.
129 NORTH 2 STREET - COUNCIL CHAMBERS
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: Assistant City Manager Rice, City Attorney Paolella and City Clerk
Roberts
2. INVOCATION /PLEDGE OF ALLEGIANCE
Council Member Beauchamp gave the invocation, followed by the Pledge of
Allegiance led by Council Member Sims.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL
PRESENTATION
A. SPECIAL JOINT CITY /COUNTY PRESENTATION TO BOB BROWN
County Commissioner Lewis and Scott Robertson assisted the Mayor in
presenting a proclamation of appreciation to Bob Brown for his outstanding
service to the city and county of Yakima. He was presented with three framed
collages containing the proclamation and pictures; one for each of his stores.
B. PROCLAMATIONS
Mayor Place read a proclamation declaring September 19, 2001 as Race Equity
Day.
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. 19 was added and Item No. 20 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 READ. 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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SEPTEMBER 18, 2001
*A. APPROVAL OF THE MINUTES OF SEPTEMBER 4, 2001 ADJOURNED
AND BUSINESS MEETINGS
The minutes of the September 4, 2001 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 to address the Council at this time.
PUBLIC HEARINGS
6. CONTINUATION OF PUBLIC HEARING ON SOUTH 72 AVENUE
ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY)
Bill Cook, Director of Community and Economic Development, explained that this
hearing had been continued from August 21 due to pending litigation. He asked
that Council go forward with the ordinance that was prepared with the possibility
that, if the litigation is successful, some of the land would be removed from the
annexation area. The ordinance sets a date of January 15, 2002 as the effective
date, assuming the litigation will be resolved by that time. The ordinance was
prepared giving two options based on the outcome of the legal challenge.
• Mayor Place opened the public hearing
No one came forward to speak on the annexation.
• Mayor Place closed the public hearing
The City Clerk read the ordinance by title only; BUCHANAN MOVED AND SIMS
SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous
roll call vote.
ORDINANCE NO. 2001 -46, AN ORDINANCE concerning annexation and
providing for annexation to the City of Yakima of the South 72n Avenue
Annexation Area, as approved by the Boundary Review Board; maintenance of
the current zoning of the area; notice to the WUTC of the City's intent to provide
residential refuse collection and disposal service; and assumption of a share of
the City's current indebtedness by properties in the South 72 Avenue
Annexation area.
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SEPTEMBER 18, 2001
7. CLOSED RECORD PUBLIC HEARING ON REZONE OF PROPERTY AT 4101
POWERHOUSE ROAD REQUESTED BY 40 -WEST, LLC
Dan Valoff, Associate Planner, explained this hearing was on a request to rezone
three parcels of land, approximately 10.6 acres, from M -2 to Small Convenience
Center. At the Hearing Examiner's public hearing on August 9, 2001, there was
no opposition. On August21, 2001 the Hearing Examiner rendered his
recommendation to approve. Staff recommends Council uphold the Hearing
Examiner's recommendation and have the Legal Department prepare the
appropriate legislation.
Council members had no ex -parte contact to disclose.
• Mayor Place opened the public hearing
Bill Hordan, 410 North 2 Street, the planner involved in putting the application
together, went on record stating he supported the Hearing Examiner's decision.
He also answered some logistical questions regarding driveways.
Del Matthews, one of the owners of 40 -West, LLC, spoke in support of the rezone
noting some improvements they did on Powerhouse Road such as bike paths,
sidewalks and streetlights. He feels this project would help clean up the neighbor-
hood. There was more logistical discussion regarding buffer zone and driveways.
• Mayor Place closed the public hearing
PUCCINELLI MOVED AND BUCHANAN SECONDED TO APPROVE THE
HEARING EXAMINER'S RECOMMENDATION AND HAVE THE LEGAL
DEPARTMENT PREPARE THE APPROPRIATE LEGISLATION. The motion
carried by unanimous roll call vote.
8. CLOSED RECORD PUBLIC HEARING ON REZONE OF PROPERTY AT 24
AND LINCOLN AVENUE REQUESTED BY KAMAL ABOULHOSN
Bruce Benson, Associate Planner, described this request as a non - project
specific rezone with 3 /4 acre of land at the intersection of 24 Avenue and Lincoln
Avenue from R -2 to B -1. The Hearing Examiner held a public hearing on August
9, 2001 and received no opposition. On August 22, 2001, the Hearing Examiner
recommended the rezone be approved subject to right -of -way along Lincoln
Avenue and Powerhouse Road. Staff recommends upholding the Hearing
Examiner's decision.
During ex -parte contact disclosure, Council Member Puccinelli advised that he
owns property at 22 Avenue and Lincoln Avenue, but felt he could make an
objective decision. Council Member Beauchamp recused himself due to past
discussion on this item.
• Mayor Place opened the public hearing
Bill Hordan, 410 North 2nd Street, the planner on this application, said they
received no neighborhood opposition at this location. In response to Council
Member Barnett's question regarding acceptance of the right -of -way, Mr. Hordan
said they would accept it.
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• Mayor Place closed the public hearing
MATTSON MOVED AND SIMS SECONDED TO ACCEPT THE HEARING
EXAMINER'S RECOMMENDATION WITH CONDITION A) DEDICATION OF
AN ADDITIONAL 10 FEET OF RIGHT -OF -WAY ALONG THE LINCOLN AND
POWERHOUSE FRONTAGES AND DIRECT THE LEGAL DEPARTMENT TO
PREPARE THE APPROPRIATE LEGISLATION. The motion carried by
unanimous roll call vote; Beauchamp abstaining.
9. CLOSED RECORD PUBLIC HEARING ON REZONE OF PROPERTY AT 1201
ACKERMAN AVENUE BY LAWRENCE CACCHIOTTI
Bruce Benson, Associate Planner, explained this was a project- specific rezone
request from R -2 to R -3. The application was a master application that contained
within it a Class 3 review to permit the establishment of a professional office
within the R3 zone. There was no opposition at the hearing on August 9, 2001.
On August 21, 2001 the Hearing Examiner issued his recommendation that the
master application, including the rezone, be approved subject to right -of -way
dedication along South 40 Avenue and the addition of an Access Easement and
Covenant for Parking, Irrigation, and Maintenance.
Council members had no ex -parte contact to declare.
• Mayor Place opened the public hearing.
Bill Hordan, 410 North 2nd Street, in response to a question from Council Member
Barnett, said that although no one willingly agrees to giving up right -of -way, they
are willing to give it to obtain approval of the rezone. He also took this
opportunity to thank the City's planning staff for their hard work.
• Mayor Place closed the public hearing
PUCCINELLI MOVED AND BUCHANAN SECONDED TO ACCEPT THE
HEARING EXAMINER'S RECOMMENDATION AND HAVE THE LEGAL
DEPARTMENT PREPARE THE APPROPRIATE LEGISLATION. The motion
carried by unanimous roll call vote.
CITY MANAGER'S REPORTS
10. CONSIDERATION OF RESOLUTION AUTHORIZING APPLICATION FOR
EMPOWERMENT ZONEDESIGNATION
Bill Cobabe, Neighborhood Development Services Manager, explained that there
are two applications; one for the empowerment zone and the other for a similar
program called a Renewal Community. He clarified that there is no money
associated with this application; it is only for tax incentives that may provide
thousands of dollars in tax credits for local businesses. If we are successful it will
depend entirely on the private sector to take advantage of these tax incentives.
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SEPTEMBER 18, 2001
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Phil Pleasant, 1202 Fair Avenue, spoke against the empowerment zone saying
he lived in the neighborhood and this would designate it as a lessor place. He
asked if Council knew what a HUB zone was. He also spoke again about the
Hanford project and how disappointed he was that the City hadn't been involved
with it and trying to obtain some of the work for local disadvantaged businessmen,
like himself. Council Member Sims asked Mr. Cobabe to look into the Hanford
project to make sure we are not missing any opportunities for Yakima.
Mr. Cobabe also advised that they had helped Mr. Pleasant with a proposal, but
it hadn't been successful.
Leanne Liddicoat from AGC of Washington explained that a HUB zone is a
federal designation for disadvantaged areas. If businesses or employees work or
live in a HUB zone they may qualify as a HUB business. Once certified as a
HUB business they can then bid on federal projects that have HUB goals. There
are also some projects that only HUB businesses can bid on; however, it is still
the responsibility of the HUB business to provide a bid or proposal to actually get
the work.
The City Clerk read the resolution by title only; BUCHANAN MOVED AND SIMS
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous
roll call vote.
RESOLUTION NO. R- 2001 -130, A RESOLUTION authorizing the City Manager
to execute and submit an application for designation as a federal Empowerment
Zone and Renewal Community to the U.S. Department of Housing and Urban
Development (HUD).
*11. CONSIDERATION OF RESOLUTION RATIFYING EXECUTION OF
AGREEMENT WITH THE BUREAU OF RECLAMATION FOR REPAYMENT OF
SAFETY OF DAMS MODIFICATION COSTS TO KEECHELUS DAM
RESOLUTION NO. R- 2001 -131, A RESOLUTION ratifying the City Manager's
signature on the letter of Agreement between the City of Yakima and the U.S.
Bureau of Reclamation for the repayment of Safety of Dams Modification Costs,
Keechelus Dam, Yakima Project, Washington.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING DISPOSAL OF
SURPLUS CITY PROPERTY BY AUCTION
RESOLUTION NO. R- 2001 -132, A RESOLUTION declaring the attached list of
property surplus and authorizing the sale of confiscated vehicles and surplus
property owned by the City.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF USED MOBILE
AIR COMPRESSOR TO WARDEN DEPARTMENT OF PUBLIC WORKS
RESOLUTION NO. R- 2001 -133, A RESOLUTION declaring one used 1985
diesel powered mobile air compressor to be surplus and authorizing its sale to
the City of Warden Department of Public Works. .
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*14. CONSIDERATION OF RESOLUTION APPOINTING AGENT TO RECEIVE
DAMAGE CLAIMS MADE UNDER RCW CHAPTER 4.96
RESOLUTION NO. R- 2001 -134, A RESOLUTION appointing an agent to receive
any claim for damages made under Chapter 4.96 RCW, pursuant to RCW
4.96.020.
*15. CONSIDERATION OF RESOLUTION SETTING DATE OF OCTOBER 11, 2001
FOR PUBLIC HEARING BEFORE THE HEARING EXAMINER TO CONSIDER
PETITION FOR RIGHT -OF -WAY VACATION IN THE VICINITY OF NORTH
10TH STREET AND EAST LINCOLN AVENUE
RESOLUTION NO. R- 2001 -135, A RESOLUTION fixing time for public hearing
before the Hearing Examiner on October 11, 2001, on a petition filed with the
City Clerk by Mukesh S. Sagar to vacate an 1,800 square foot area for right -of-
way at the northwest corner of North 10 Street and Lincoln Avenue.
*16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
CONTRACT WITH SYM PRO, INC. FOR PURCHASE OF INVESTMENT
TRACKING SOFTWARE
RESOLUTION NO. R- 2001 -136, A RESOLUTION authorizing and directing the
• City Manager of the City of Yakima to execute a license agreement with SymPro,
Inc., in order to license and maintain the use of certain investment software as a
sole source purchase without calling for bids, and to execute a maintenance
agreement for said software with SymPro, Inc.
*17. SET DATE OF PUBLIC HEARINGS ON OCTOBER 2, 2001 FOR:
A. JOINT CITY /COUNTY 2001 URBAN AREA COMPREHENSIVE PLAN
AMENDMENTS
October 2, 2001 was set as the date of public hearing with the Yakima County
Board of Commissioners to consider the Regional Planning Commission's and
the Yakima Urban Area Joint Board's recommendation on the 2001 Yakima
Urban Area Comprehensive Plan amendments.
B. REZONE OF PROPERTY AT 3111 TIETON DRIVE REQUESTED BY
BRUCE AND THERESA SIMPSON
October 2, 2001 was set as the date of closed record public hearing to consider
the Hearing Examiner's recommendation on a rezone and master zoning review
application for property located at 3111 Tieton Drive, requested by Bruce and
Theresa Simpson.
*18. APPROVAL OF JULY 2001 REVENUE AND EXPENDITURE (BUDGET)
REPORT
The July 2001 Revenue and Expenditure (Budget) Report was approved.
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SEPTEMBER 18, 2001
ORDINANCES
*19. CONSIDERATION OF LEGISLATION RELATING TO CONVENTION CENTER
EXPANSION PROJECT:
A. RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL
SERVICES AGREEMENT WITH WARDELL ARCHITECTS AND LMN
ARCHITECTS FOR PROJECT DESIGN
RESOLUTION NO. R- 2001 -137, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute an architectural services
agreement with Wardell Architects P.S. for expansion of the Yakima Convention
Center.
B. SECOND READING OF ORDINANCE AMENDING THE 2001 BUDGET
AND APPROPRIATING FUNDS FROM THE CONVENTION CENTER
CAPITAL IMPROVEMENT FUND AND THE TOURIST PROMOTION FUND
FOR THE CONVENTION CENTER EXPANSION PROJECT
An Ordinance amending the 2001 budget and appropriating funds for the Yakima
Convention Center expansion project, previously having been read by title only,
was brought before the Council for a second reading.
ORDINANCE NO. 2001-47, AN ORDINANCE amending the 2001 budget for the'
City of Yakima; and making an appropriation of $76,000 in the 370 - Convention
Center Capital Improvement Fund for expenditure during 2001 to provide for
architectural services relating to the Convention Center expansion, and making
an appropriation of $66,300 in the 170 - Tourist Promotion Operations Fund for
expenditure during 2001 to provide for increased natural gas costs and Public
Facilities District expenses.
20. REPORT AND LEGISLATION REGARDING ELECTRICAL INSPECTIONS:
A. CONSIDERATION OF ORDINANCE AMENDING THE ELECTRICAL CODE
PROVISIONS OF THE MUNICIPAL CODE TO ENACT NEW PROVISIONS
OF THE NATIONAL ELECTRICAL CODE
Council Member Barnett asked if a meeting between City staff and electrical
contractors was ever held. Bill Cook, Director of Community and Economic
Development, said no, explaining that as a result of direction from the budget
meetings they were working with Labor & Industries and were moving away from
the City taking over the inspection process. Therefore, the meeting with the
contractors became unnecessary. Council Member Sims asked for clarification
on this item, saying his understanding was that this was adopting the 1996
national regulations. Mr. Cook said, it was that plus the addition of one provision,
Section 4, 11.16.030.
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SEPTEMBER 18, 2001
B. CONSIDERATION OF REPORT REGARDING 2001 POLICY ISSUES RE:
ELECTRICAL INSPECTION AND PLAN REVIEW
The staff report dated September 6, 2001 regarding Electrical Inspection and Plan
Review 2001 Policy Issue Status, and staff recommendation requesting Council's
direction to have the electrical inspection and plan review responsibilities remain
with the Washington State Department of Labor & Industries (L &I) and not be
transferred to the City as requested in the FY2001 Policy Issue, was submitted.
Council Member Puccinelli stated he feels there needs to be a check and balance
system in place for electrical inspections. He doesn't feel there is one with Labor
& Industry doing the inspections and is strongly in favor of moving that function
under the City. Discussion ensued regarding the pros and cons of the City taking
over inspections versus leaving it with Labor & Industries. Since this item is not
time - sensitive, it was recommended by Council Member Sims to defer the item
and hold a study session on the subject to answer the many questions that arose.
SIMS MOVED AND BUCHANAN SECONDED TO DEFER ITEMS A AND B.
Council Member Puccinelli commented, again, that he feels the City needs to look
at taking over the responsibility of enforcement. Council Member Beauchamp
commented that L &I has not been a pushover as far as his experience is
concerned. There was discussion about illegal hookups and other code
infractions. The question was called for a vote on the motion. The motion
carried by unanimous voice vote.
*21. CONSIDERATION OF ORDINANCE APPROVING VACATION OF A PORTION
OF RIGHT -OF -WAY ON KING STREET BETWEEN SOUTH 7 AND 8
AVENUES REQUESTED BY LEE AND KAREN CURRY
ORDINANCE NO. 2001-48, AN ORDINANCE vacating the 45- foot -wide City of
Yakima right -of -way constituting the portion of King Street lying between South
Seventh and Eighth Avenue.
*22. SECOND READING OF ORDINANCE AMENDING THE 2001 BUDGET AND
APPROPRIATING FUNDS FROM THE IRRIGATION CAPITAL BUDGET FOR
EMERGENCY IRRIGATION WATER LINE REPAIR AT CHESTERLEY PARK
An Ordinance amending the 2001 budget and appropriating funds for emergency
irrigation water line repair at Chesterley Park, previously having been read by title
only, was brought before the Council for a second reading.
ORDINANCE NO. 2001-49, AN ORDINANCE amending the 2001 budget for the
City of Yakima; and making an appropriation of $200,000 in the 479 - Irrigation
System Improvement Fund for expenditure during 2001 to provide for irrigation
water -line repair at Chesterley Park.
23. OTHER BUSINESS
Mayor Place noted there were council candidates in the audience and also
reminded the public it was election day. Council Member Sims thanked the
candidates for running an informed and educated campaign and wished them all
luck.
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SEPTEMBER 18, 2001
Council Candidate Troy Emmons noted there was an error in Item 19B; the
figures in the expenditure column on the last page do not add up correctly. Staff
will correct the error.
•
• Information Items
Items of information provided to Council were: Planning Division Assignments •
Pending Report as of September 18, 2001; State Department of Ecology Site Register —
Elliott Tire Center and others; 9/4/01; Agenda for the 9/11/01 Tahoma Cemetery Task
Force Members and minutes of its 8/14/01 meeting.
24. EXECUTIVE SESSION REGARDING PROPERTY ACQUISITION (ALLOW
APPROXIMATELY 20 MINUTES)
BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE
SESSION REGARDING PROPERTY ACQUISITION WITH IMMEDIATE
ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote.
25. ADJOURNMENT
Following the conclusion of the Executive Session and a•brief discussion
concerning a request by the Public Facilities District Board members regarding
indemnification, the meeting adjourne• at 4:04 p.m. /
READ AND CERTIFIED ACCURATE BY: (1'. % ��� • . 2 /7 0/
l CIUNCT MEMB R P DATE
; _I� r. 00/// /z (7 0(
COUNCIL MEM t ' BAT
ATTEST:
Xdo
CITY CLERK MARY PLACE, MAYOR
Minutes prepared by Linda Watkins and Karen Roberts. An audio and video tape of this meeting are
available in the City Clerk's Office
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