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HomeMy WebLinkAbout10/02/2001 Business Meeting 300 CITY OF YAKIMA OCTOBER 2, 2001 - 2:00 P.M. BUSINESS MEETING OF THE CITY COUNCIL 129 NORTH 2 STREET - COUNCIL CHAMBERS 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Henry Beauchamp, Larry Mattson, John Puccinelli, and Bernard Sims Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts Absent: Council Member Lynn Buchanan (excused) 2. INVOCATION /PLEDGE OF ALLEGIANCE Council Member Puccinelli gave an invocation, followed by the Pledge of Allegiance led by Council Member Sims. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL PRESENTATION A. PROCLAMATIONS Council Member Mattson read a proclamation declaring October, 14, 2001 as Hunger Awareness Day to raise awareness about hunger in Yakima and around the world. There will be a 10K Crop Walk on Sunday, October 14 with a goal of 100 walkers raising $10,000. Dawn Skerritt 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. Item No. 11 was added and Item No. 10 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND MATTSON SECONDED TO APPROVE THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Beauchamp abstained due to possible conflict of interest, Buchanan absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. APPROVAL OF THE MINUTES OF SEPTEMBER 18, 2001 BUSINESS MEETING The minutes of the September 18, 2001 Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 301 OCTOBER 2, 2001 5. AUDIENCE PARTICIPATION No one came forward to speak. PUBLIC HEARINGS 6. JOINT CITY /COUNTY PUBLIC HEARING ON 2001 URBAN AREA COMPREHENSIVE PLAN AMENDMENTS County Commissioners Palacios and Lewis were present for the joint hearing. Dan Valoff, Associate Planner, explained this was a public hearing on the year 2001 Yakima Urban Area Comprehensive Plan amendments, noting there were five citizen - requested amendments to the future land use map this year. The Regional Planning Commission (RPC) conducted a number of public hearings and their recommendation was to approve four and deny one of the requests. UAZO CPA #1 -01, Steve Sutliff, 424 South 49 Avenue, 423 & 424 South 50 Avenue and 5015 Tieton Drive. Reclassify 3 parcels from Medium Density Residential to Neighborhood Commercial and reclassify 2 parcels from Industrial to Neighborhood Commercial. This request was approved by the RPC. UAZO CPA #2 -01, Boulevard, and East Viola Avenue. Reclassify 13 parcels from Medium Density Residential Paul John Koverman, West side of South 18 Street between East Nob Hill to Arterial Commercial. This request was approved by the RPC. UAZO CPA #3 -01, Terry Morton, Southwest corner of Fair and Central Avenues. Reclassify 5 parcels from medium Density Residential to Arterial Commercial. This request was approved by the RPC. UAZO CPA#4 -01, Congdon Orchards, Inc. (Terry C. Schmalz), 1106 & 1107 South 64th Avenue. Reclassify 12 parcels from various commercial, residential, and industrial designations. This request was approved by the RPC. UAZO CPA#4 -01, Trent Marquis for T. M. Rentals, 3804, 3911 & 3912 West Logan Avenue. Reclassify 4 parcels from Low Density Residential to Arterial Commercial and 1 parcel from Industrial to Arterial Commercial. This request was denied by the RPC. • Mayor Place opened the public hearing. Council members had no ex -parte contact to disclose. Trent Marquis, 3801 West Washington Avenue, explained his request and after further discussion and clarification from Assistant City Attorney, Larry Peterson, agreed to resubmit the request next year. 2 3 0 2 OCTOBER 2, 2001 Rick Harpel, 806 South 69 with regard to the Congdon property, asked if the Council had considered the negative environmental aesthetics in making the radical change from residential low and medium density to an arterial commercial designation. Dan Valoff said there is a variety of existing commercial, residential, and industrial designations in this area that were agreed upon and adopted in 1997. He said this proposal is essentially a minor adjustment of what already exists. He further said that as projects come on board they will go through the regular rezone process. The issues Mr. Harpel raised were addressed earlier under the environmental review for the original Comprehensive Plan and the one that we are doing now. Council Member Mattson assured him there will be environmental reviews on specific development proposals on a case -by -case basis. Glenn Rice, Assistant City Manager, spoke about the larger picture for the property that is before Council as an amendment to the Comprehensive Plan and the general uses therein. When this was annexed, a Memorandum of Understanding was developed between Congdon and the City for this property. It would be incumbent upon us to work very closely with the neighborhood when there's a rezone. We are working right now to finish the development agreement with Congdon that will be part of any subsequent zoning or changes that would satisfy the neighbors' concerns. Elsie Gregorich, 1516 Browne Avenue, spoke about a meeting she had attended with Jeff Congdon many years ago where he said he would not change that orchard property into business or residential. She hoped he remembered that conversation. She said our city is growing but there are a few places that we need to keep sacred. • Mayor Place closed the public hearing. PALACIOS MOVED AND BEAUCHAMP SECONDED TO FOLLOW THE PLANNING COMMISSION'S RECOMMENDATIONS. The motion carried by unanimous roll call vote; Buchanan absent. Staff was directed to proceed with the changes on the maps. Council Member Barnett commented that he would like to see staff review the Four -Party Agreement as well as the Yakima Urban Area Regional Planning Commission Agreement and make changes so that an item is not referred to the Joint Board if it only relates to the City or the County. When an item relates to joint matters regarding plans, zoning, and urban growth, then the Joint Board would review those items. Commissioner Lewis said he thought the intent was to take a look at the Joint Board in relationship to the Interlocal Agreements and the Growth Management Act and what the reality is and then the four Party Agreement. He said we're just trying to figure out why the County and the City need to act on items outside their respective jurisdictions. 3 OCTOBER 2 , 2001 O' 7. PUBLIC HEARING ON BUREAU OF JUSTICE ADMINISTRATION GRANT APPLICATION (SEE RESOLUTION) Mike Vowell of the Yakima Police Department explained that this is a local law enforcement block grant that we have the opportunity to obtain each year. The advisory board met and reviewed what should be done with this funding. Part of the funding is transferred to Yakima County as a disparate funding process, and Yakima County will supply their own 10% match. • Mayor Place opened the public hearing. No one came forward to speak. • Mayor Place closed the public hearing. The City Clerk read the resolution by title only, SIMS MOVED AND BEAUCHAMP SECONDED, TO ADOPT THE RESOLUTION. The motion carried by a unanimous roll call vote; Buchanan absent. RESOLUTION NO. R -2001 -138, A RESOLUTION ratifying application for a grant in the total amount of $107,494 from the US Department of Justice, Bureau of Justice Administration, for funding the Local Law Enforcement Block Grant Program, and designating and authorizing the City Manager to act as the official representative of the City and to take such additional steps as may be necessary and prudent to complete transactions associated with the grant. CITY MANAGER'S REPORTS 8. CONSIDERATION OF REPORT AND DRAFT FACT SHEET FROM FINANCE DEPARTMENT REGARDING INITIATIVE 747 — PROPERTY TAXES City Manager Zais explained that this report is to provide information to the voters and the community about Initiative 747. It does not take a position on the initiative. This initiative is the successor to Initiative 722 which would have restricted property tax growth to 2% or the rate of inflation, whichever was less. That initiative was passed by the voters but was subsequently challenged legally and held to be unconstitutional by the Washington State Superior Court and their decision was upheld by the State Supreme Court. There is no prequalification for the voters as to whether an initiative is legal or not. This places the voters in a handicapped position before they vote. Initiative 747 is a state -wide initiative that repeals the current annual maximum limit of 6% on property tax levies that was approved by the voters in 1997. Last year we were able to balance the 2001 budget with only a 2% increase in the property tax levy. This initiative lowers that one more step to 1 %. If it passes and is not challenged legally, it becomes effective 30 days after the election. Mr. Zais went on to explain what the impacts would be on the City if the initiative should pass advising that the very services the public depends on the most are the ones that are impacted the greatest by these initiatives. A 1% increase equals $110,000 annually and does not keep pace with the increases the City is experiencing in the Police and Fire Departments' budgets. In comparison with other Washington cities, per capita 4 304. OCTOBER 2, 2001 Yakima is over $50 Tess than the average Washington city property tax. He also noted that the difference between property tax limits of 1% and 6% for a home valued at $100,000 is $17 per year. The fact sheet tries to explain the effects in simple English and will be distributed to the citizens in their utility billing system. There was discussion about the timing of the utility billing cycle and other methods of notifying the public. SIMS MOVED AND BEAUCHAMP SECONDED TO APPROVE THE FACT SHEET AND DIRECT STAFF TO EXPLORE THE MOST COST EFFICIENT WAY TO INFORM THE VOTERS IN ADDITION TO DISTRIBUTING IN THE UTILITY BILLS. The motion carried by a 5 -1 voice vote, Puccinelli voting nay; Buchanan absent. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF TRANSFER OF ASSETS RESULTING FROM CONGDON ANNEXATION RESOLUTION NO. R- 2001 -139, A RESOLUTION relating to fire protection and annexation and finding that the Congdon Annexation will impose a significant increase in the fire suppression responsibilities of the City, with a corresponding reduction in fire suppression responsibilities by the fire protection district, and initiating the RCW 35.02.205 process for transfer of fire protection assets paid for by properties in the Congdon Annexation 10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT WITH WIDENER AND ASSOCIATES FOR WASHINGTON AVENUE Council Member Mattson explained that Washington Avenue is being realigned and that staff has amended the scope of work to allow for future airport expansion. He wanted to publicly thank staff for planning ahead so we don't have to come back and move the roadway again. The City Clerk read the resolution by title only; MATTSON MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Buchanan absent. RESOLUTION NO. R- 2001 -140, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a supplemental agreement with Widener & Associates, an engineering consulting firm, for consultant services to complete an environmental and public involvement process for the Washington Avenue Improvement Project for a not to exceed cost of $77,005. ORDINANCES *11. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING COMMUNITY REVIEW BOARD ENFORCEMENT PROCESS ORDINANCE NO. 2001-50, AN ORDINANCE relating to neighborhood conservation and the fitness of dwellings, buildings, structures and other premises for human habitation and other purposes and providing for amendments to Yakima Municipal Code sections 11.10.010, .020, .030, .040, .050, .060, .100, .120, .150, .200, .210, .230, .310, .320, .330, .400, .410, .500, .510, .600, .610, and repeal of Yakima Municipal Code section 11.10.220. 5 OCTOBER 2 2001 3 O`I 5 *12. CONSIDERATION OF ORDINANCE INITIATING CONDEMNATION PROCEEDINGS FOR KIWANIS PARK DEVELOPMENT ORDINANCE NO. 2001-51, AN ORDINANCE authorizing and directing the City's outside legal counsel, Lyon, Weigand & Gustafson, PS, to institute and prosecute legal proceedings for the condemnation and acquisition of certain real property for the Kiwanis Park Development; providing for the condemnation and taking of such real property and declaring the condemnation and taking thereof to be necessary for a public use required by the public interests; directing that compensation for such taking be paid from Fund Number 331 Parks Capital Improvement Funds of the City of Yakima. *13. CONSIDERATION OF ORDINANCES APPROVING REZONES: A. 4101 POWERHOUSE ROAD REQUESTED BY 40 -WEST, LLC ORDINANCE NO. 2001 -52, AN ORDINANCE concerning land use and zoning, rezoning three parcels (approximately 10.6 acres) in the vicinity of 4101 West Powerhouse Road from Light Industrial (M -1) to Small Convenience Center (SCC), and amending the Official Yakima Urban Area Zoning Map accordingly. B. 24 AND LINCOLN AVENUE REQUESTED BY KAMAL ABOULHOUSN ORDINANCE NO. 2001 -53, AN ORDINANCE concerning and use and zoning, • rezoning four parcels (approximately 0.75 acres) in the vicinity of North 24 Avenue and Lincoln from Two - Family Residential (R -2) to Professional Business (B -1) subject to dedication of an additional ten feet of right -of -way along the Lincoln Avenue and Powerhouse Road frontages, and amending the Official Yakima Urban Area Zoning Map accordingly. C. 1201 ACKERMAN AVENUE BY LAWRENCE CACCHIOTTI ORDINANCE NO. 2001-54, AN ORDINANCE concerning land use and zoning, rezoning two 'parcels (approximately 0.69 acres) in the vicinity of 1201 Ackerman Avenue from Two - Family Residential (R -2) to Multi - Family Residential (R -3) and amending the Official Yakima Urban Area Zoning Map accordingly; granting Class (3) approval for the location of professional offices within the R -3 zoning district; granting an administrative adjustment allowing lot coverage at 86 %, all subject to conditions. QUASI - JUDICIAL PUBLIC HEARING 14. CLOSED RECORD PUBLIC HEARING ON REZONE OF PROPERTY AT 3111 TIETON DRIVE REQUESTED BY BRUCE AND THERESA SIMPSON Dan Valoff, Associate Planner, explained this hearing is to consider a rezone application and a master zoning review application to have a single .688 acre parcel of land rezoned from single family residential (R -1) to professional business (B -1). The master zoning review application is for a Class (3) review to 6 a 0•6 - OCTOBER 2, 2001 operate a coffee house and a tutoring service within the B -1 zone and a Class (2) review to have a one -chair beauty salon and the ability to provide private receptions. The property is located at 3111 Tieton Drive. On June 14, 2001 the Hearing Examiner conducted a public hearing to review the application, there was significant public testimony given. On August 23, 2001 the Hearing Examiner rendered a recommendation to the City Council to approve the requested rezone and master zoning review application subject to a number of conditions. Staff recommends that the Council uphold the Hearing Examiner's recommendation and direct the Legal staff to prepare the appropriate legislation. Council Members had no ex -parte contact to disclose. Council Member Sims noted that various neighbors had contacted him but he had advised them of the proper procedure. There was a long discussion about the development agreement and the specifics relating to parking, signage and non - assignability of land use. It was clarified that this is both a rezone and the establishment of conditions on the use of the land under the new zone. Zoning would survive a change of ownership but the approval of the uses and the development agreement itself would be limited to the Simpsons tenure on the property. Assistant City Attorney Peterson said the rezone is partly warranted by the necessity to establish zoning for which the uses that the proponents seek are appropriate. The property is now R -1 and the uses they seek would not be available to them if the zoning is not changed. If the Simpsons sell the property, the zoning won't change but the use would be up for review. Any new use would require going through a hearing process. • Mayor Place opened the public hearing Jamie Carmody, 405 East Lincoln Avenue, the attorney representing the Simpsons, said the Simpson's goal is to restore and maintain a historic structure and to share it with the community. The neighbor's criticisms have been with regard to the consequences of a pure B -1 rezone. The development agreement was designed to address those concerns by limiting the uses and who can perform them. He said that if the Council wanted to add a provision to the development agreement that would revert this property back to R -1 if the Simpsons ceased to own it, they would be amenable to that. Bruce Simpson, 216 South 24` Avenue, reiterated their goal to give the neighborhood and community a gathering place, a place of beauty that people can enjoy. He said the property was on the market for many years as a single family residence and didn't sell. Because of the size and price of the property things like a home occupation will not support it. He believes the community has a responsibility to allow something beneficial to be done with this property so it won't deteriorate and bring down the neighborhood. He went on to explain in detail their planned uses. Theresa Campbell- Simpson, 216 South 24` Avenue, expressed her love of this area of Yakima and how they want to see it sustain itself. She said they are trying to promote a sense of community. She emphasized that they are not big developers coming in and erecting a commercial enterprise in the neighborhood. 7 OCTOBER 2, 2001 3 O 7 Kathy Tierney, 107 North 31 Avenue, encouraged Council to support the Hearing Examiner's recommendation. She previously resided at 214 South 24 Avenue, next door to the Simpsons, and spoke very highly of the landscaping work they have done. As a result she has complete confidence that they will be respectful and sensitive to the needs of the neighborhood. Darlene Darnell, 297 South 19 Avenue, supports this request. She has lived on South 19 Avenue since 1984 and walks around Franklin Park and this neighborhood on a daily basis. She feels having a coffeehouse with other businesses is extremely advantageous to the neighborhood. She also noted that the property has improved since the Simpsons have owned it. She sees this proposal as a huge asset to the community and particularly to the neighborhood. Bobbi Arnett, lives on 8 Avenue but works at Nob Hill School and is looking forward to having a coffeehouse open where they can walk up from the school. She said it's time we do something beautiful and positive in this town. Roger Wilson. 112 North 30 Avenue, feels this plan fits into a long term strategy that is needed for our City. The question that faces us is not will we grow but how we grow and where will we grow. He feels the proposed zoning change and development agreement is smart growth. He encouraged the Council to approve this requested zoning change. Mary Pleger, 305 North 35 Avenue`, said this proposal is for a different type of coffeehouse, one people can walk to and bring their children to play on the lawns outside. She understands that they are trying to build a community center here. She has read in the Yakima Herald Republic how the city is looking at unique ways of beginning to develop again and bring new businesses in, as well as maintain historical buildings, and feels this is an opportunity to do both. • Opponents to the project speak Walt Ranta, 5 South 32 Avenue, raised the issue of being able to discuss the development agreement in a closed record hearing. Assistant City Attorney, Larry Peterson, commented that the development agreement is subject to a public hearing requirement and he hoped this could be used as that forum. Jamie Carmody, the Simpson's attorney, agreed to allow this hearing as that forum. Mr. Ranta said his concern is the rezone to a B -1 and how that could open 32 Avenue up to businesses. He discussed various details within the development agreement that he didn't agree with. Council Member Barnett recommended, and discussion ensued, about continuing this item until after the development agreement was reviewed in further detail by all concerned parties. Mr. Valoff said they could conduct a hearing in the next two weeks and bring the results of that hearing to the first meeting in November. Mr. Peterson, with Mr. Carmody's concurrence, proposed that a meeting be convened in about two weeks to go over the existing draft agreement. The proponents could hear the comments, consider responses to those comments and produce a revised draft. The final draft of the development agreement would then be brought back to the Council for consideration and the neighbors will have had the opportunity to interact closely on the specifics. If the 8 308 OCTOBER 2, 2001 neighbors continue to disagree with the final draft they'll have an opportunity to assert those disagreements at the continued hearing. PUCCINELLI MOVED AND SIMS SECONDED TO DIRECT STAFF TO CONDUCT A MEETING BETWEEN THE PROPONENTS AND THE OPPONENTS TO REVIEW AND REVISE THE DEVELOPMENT AGREEMENT AND TO CONTINUE THIS HEARING TO NOVEMBER 6, 2001. Ray Blondin, 411 North 63 Avenue, said he is against the change from R -1 and stated his concerns were for property values and traffic if this was changed to a B -1 zone and business was allowed to be put in. Charles de La Chapelle, 3206 Home Drive, said the meeting held earlier this year had a good turnout of the residents of that area. He pointed out that all of the residents bought their homes expecting it to be and to stay a residential area. One request to rezone to commercial opens the door and makes it far easier for the second request to be granted. That is just what they don't want; they like it the way it is. C. L. Hill, 409 South 32 Avenue, agreed with all Mr. Blondin said. The parking issue with Memorial Hospital and access was further discussed. The question was called for a vote on the motion, the motion carried by a 5 -1 voice vote, Mattson voting nay; Buchanan absent. 15. OTHER BUSINESS SIMS MOVED AND BARNETT SECONDED TO RECOMMEND THE FOLLOWING PEOPLE FOR APPOINTMENT TO TWO SUB - COMMITTEES OF THE SALMON RECOVERY BOARD: CITIZEN ADVISORY COMMITTEE: RICK DIEKER, GUS ARTEGA, STEVE GEORGE, DUEANE CALVIN TECHNICAL ADVISORY COMMITTEE: PAT MONK AND KEITH WOLFE The motion carried by unanimous voice vote; Buchanan absent. Council Member Mattson was directed to submit those names at the next Salmon Recovery Board meeting scheduled for Monday, October 8, 2001 at 2:00 p.m. at Selah City Council Chambers. Rita Anson, Finance and Budget Director provided cost information relating to placing an ad or an insert regarding the 1 -747 Fact Sheet into the Business Times and the Senior Times. After discussion on the various options and costs, BARNETT MOVED AND MATTSON SECONDED TO LEAVE THE DECISION TO STAFF. The motion carried by a 5 -1 voice vote, Puccinelli voting nay; Buchanan absent. • Information Items Items of information provided to Council were: Agenda for the October 5, 2001 Hearing Examiner meeting; Yakima County Resolutions re: (1) Transferring development review and permitting authority to the City of Yakima for Montgomery Nursery and Irrigation at 6710 Tieton Drive and (2) Expressing the sense of Yakima County regarding 9 309 OCTOBER 2, 2001 the terrorist attacks launched against the united States on September 11, 2001; Planning Division Assignments Pending Report as of October 2, 2001; Agenda for the September 27, 2001 Yakima Air Terminal — McAllister Field Board meeting; Yakima County Labor Economy — August 2001; and Agenda for the October 1, 2001 Charter Civil Service and Police & Fire Civil Service Commissions meeting and minutes of its July 9, 2001 meeting 16. EXECUTIVE SESSION REGARDING PENDING LITIGATION PUCCINELLI MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION AND THEN TO OCTOBER 15, 2001 AT 7:30 A.M. FOR A STUDY SESSION ON ELECTRICAL INSPECTION ORDINANCE REVIEW. The motion carried by unanimous voice vote; Buchanan absent. 17. ADJOURNMENT Following conclusion of the Executive Session, the meeting adjourned at 5:30 p.m. / • READ AND CERTIFIED ACCURATE BY: .1 / 4,11 A I O rf DATE COUNCIL ` MBE`" DAT 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 10