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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.) 292 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. 2 2.93 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. 3 2 9 4. SEPTEMBER 18, 2001 • • 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. 4 295 SEPTEMBER 18, 2001 • 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. . 5 2 9: 6, SEPTEMBER 18, 2001 *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. 6 • 297 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. 7 298 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. 8 299 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 • 9