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HomeMy WebLinkAbout05/21/2002 Business Meeting 31 BUSINESS MEETING MAY 21, 2002 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Lynn Buchanan, Paul George, Larry Mattson, John Puccinelli, and Bernard Sims Staff: • City Manager Zais, City Attorney Paolella and City Clerk Roberts 2. INVOCATION /PLEDGE OF ALLEGIANCE Council Member Puccinelli gave an invocation, followed by the Pledge of Allegiance led by Council Member George. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS / SPECIAL RECOGNITION: • EMERGENCY MEDICAL SERVICES WEEK PROCLAMATION Mayor Place read a proclamation declaring May 19 -25, 2002 as Emergency Medical Services week in Yakima County. Patrick DeHuff, Emergency Services for the County, was present to accept the proclamation • ALICE SELLS RETIREMENT RECOGNITION Council Member Buchanan read a commendation of appreciation for Alice Sells, Executive Director of the Yakima Housing Authority. Alice is retiring after 22 years of service with the Housing Authority. Bill Cobabe, Manager of Office of Neighborhood Development, and Bob Wardell, Housing Authority Board Member, and Council Member Sims, also spoke about the great work accomplished during her tenure. Mrs. Sells thanked everyone for the honor and gave credit to her staff for her success. B. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS BARNETT MOVED AND MATTSON SECONDED THAT THE CITY COUNCIL REMAND THE HEARING EXAMINER'S RECOMMENDATION ON THE CONGDON ORCHARD REZONE APPLICATION BACK TO THE HEARING EXAMINER TO REOPEN THE PUBLIC HEARING SOLELY FOR THE PURPOSE OF TAKING PUBLIC TESTIMONY ON THE CONDITIONS RECOMMENDED BY THE HEARING EXAMINER IN HIS RECOMMENATION AND THAT THE EXAMINER CONDUCT THAT HEARING ON OR ABOUT THURSDAY, JUNE 6, 2002 TO BE COMPLETED BY FRIDAY JUNE 14, 2002 AND RENDER HIS FINAL RECOMMENDATION TO THE COUNCIL NO LATER THAN TUESDAY, JUNE 25, 2002. Clarification was made that the Hearing Examiner divided the Congdon rezone into sections and made comments about each of those sections. 32 MAY 21, 2002 The public has not had the opportunity to comment on those recommendations. Therefore, it is being remanded back to allow the public that opportunity. Terry Schmalz, attorney for Congdon Orchards, said their presentation will be on the six different tracts, identified separately, and the conditions as they relate to those tracts. He also requested the closed record public hearing with Council be held around the 11 or 12 of July. Mayor Place allowed that the meeting will still be held in the evening at the Convention Center. City Manager Zais emphasized that if this motion passes the closed record hearing currently scheduled for June 4th would be cancelled. Hearing Examiner Lamb informed Council that he is available on June 6 and will plan to hold the hearing on that date. The question was called for a vote on the motion. The motion carried by unanimous voice vote. C. APPOINTMENT OF EX- OFFICIO MEMBERS FOR PUBLIC FACILITIES DISTRICT Council Members Puccinelli and Sims volunteered to be ex- officio members on the Public Facilities District Board. Assistant City Manager Rice will also sit on the board. 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. 14 was removed from the Consent Agenda. Item No. 13 was removed from the Agenda and deferred for two weeks. It was also noted that Item No. 12 had a revised ordinance but would remain on the Consent Agenda. The City Clerk read the amended Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND BUCHANAN SECONDED TO ADOPT 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.) *A. APPROVAL OF THE MINUTES OF THE MARCH 26, 2002 SPECIAL MEETING, APRIL 16 AND 23, 2002 ADJOURNED MEETINGS AND APRIL 16 AND MAY 7, 2002 BUSINESS MEETINGS The minutes of the March 26, 2002 Special meeting, April 16 and 23, 2002 Adjourned meetings and April 16 and May 7, 2002 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 Pat McCarthy, 709 Beacon Avenue, addressed the Council about the lack of irrigation water in the Eastside and requested financial relief for citizens paying for irrigation but not receiving irrigation water. He explained that if they choose to use domestic water for their lawns they are then hit with a sewer charge. He submitted two suggestions for Council's consideration: 1) drop irrigation charges to eastside property owners who have little or no pressure (20 lbs or less) and 2) drop sewer 2 33 MAY 21, 2002 charges on the amount of domestic water used for watering lawns, based on the square footage of the lot. These suggestions were referred to staff to analyze the impact. Mr. McCarthy also had suggestions on how to obtain the revenue required to fix the 308 irrigation system. Lee Clark, 817 Conestoga Boulevard, requested Council amend the Municipal Code to not require annual cross connection control inspections. He suggested they refer it back to the state and request this be put on a five -year or longer cycle. Lowell Felitz, requested Council approval of a taxi driver's license for an employee who was denied a license under the City's ordinance requirements. His request was already in process and will most likely be heard at the next Council meeting. Lynne Kittelson, 305 North 9th Street, wanted to be sure Council clearly understood the impact of closing Miller pool. She described the circuitous and lengthy route that Northeast children would have to take if they rode the bus to get to another pool. Irene Bazan, from Rural Community Development Resources, thanked Council for their participation in the Youth Financial Fitness Leadership & Entrepreneur Program. Cecila Mena, 308 South 9 Street, a participating student, spoke about how the program has helped her determine that she wants to go into the field of medicine. • CITY MANAGER'S REPORTS 6. CONSIDERATION OF RESOLUTION AUTHORIZING REMOVAL OF TREE IN CITY RIGHT -OF -WAY AT 203 SOUTH 8 AVENUE REQUESTED BY RICHARD ANDRING Chris Waarvick, Director of Public Works, introduced the resolution and explained that approval of it would allow the removal of the tree at the property owner's expense if he wished to do so. During discussion it was pointed out that the City's arborist says the tree is not diseased and does not need to be removed. Mr. Waarvick said the property owner does have the right to prune the tree with the City's advice. The City Clerk read the resolution by title only. A motion to pass the resolution was not seconded; therefore, permission to remove the tree was not granted. Lynne Kittelson, 305 North 9 Street, supported the decision to not remove the tree. She referred Council to a book entitled Champion Trees of Washington State. *7. CONSIDERATION OF RESOLUTION AUTHORIZING RATIFICATION OF EXECUTION OF AGREEMENT WITH YAKIMA COUNTY AND UNION GAP FOR CITY /COUNTY NARCOTICS OPERATIONS RESOLUTION NO. R- 2002 -61, A RESOLUTION ratifying the Yakima City /County Narcotics Unit Operational Agreement of November 8 2000 between the Chief of the Yakima City Police Department, the Chief of the Union Gap Police Department, the Yakima County Sheriff, and the Yakima County Prosecutor, and as ratified by the current Sheriff on September 13, 2001. 3 34 MAY 21, 2002 *8. CONSIDERATION OF RESOLUTION AUTHORIZING PURCHASE OF NEW BOILER FOR WASHINGTON POOL WITHOUT CALLING FOR BIDS RESOLUTION NO. R- 2002 -62, A RESOLUTION declaring an emergency and authorizing purchase of replacement boiler equipment without calling for bids. *9. CONSIDERATION OF RESOLUTIONS DECLARING USED POLICE VEHICLES SURPLUS AND AUTHORIZING TRANSFER OR SALE TO: A. YAKIMA AIR TERMINAL AT M FIELD RESOLUTION NO. R- 2002 -63, A RESOLUTION declaring used police car to be surplus and authorizing its transfer to the Yakima Air Terminal. B. TIETON POLICE DEPARTMENT AND NORTH WHATCOM FIRE AND RESCUE RESOLUTION NO. R- 2002 -64, A RESOLUTION declaring three used police cars to be surplus and authorizing their sale to the Town of Tieton Police Department and North Whatcom Fire and Rescue. *10. APPROVAL OF FIRST QUARTER 2002 REVENUE AND EXPENDITURE (BUDGET) REPORT • The First Quarter 2002 Revenue and Expenditure (Budget) Report was approved. ORDINANCES *11. SECOND READING OF ORDINANCE AMENDING THE 2002 BUDGET AND APPROPRIATING FUNDS FOR PURCHASE OF BUSES ORDINANCE NO. 2002 -30, AN ORDINANCE amending the 2002 budget for the City of Yakima; and making an appropriation of $1,040,000 in the 364- Transit Capital Reserve Fund for expenditure during 2002 to provide for the purchase of four (4) buses. *12. CONSIDERATION OF ORDINANCE AUTHORIZING LINE OF CREDIT EXTENSION WITH KEY BANK ORDINANCE NO. 2002-31, AN ORDINANCE of the City of Yakima, Washington, amending Ordinance No. 97 -29 and the terms of the City's Limited Tax General Obligation Bond, 1997. 13. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN (FOR NEW POSITIONS) This item was deferred for two weeks. 4 35 MAY 21, 2002 14. SECOND READING OF ORDINANCE AMENDING THE 2002 BUDGET AND APPROPRIATING FUNDS FOR WATER AND IRRIGATION GRANT FUNDED PROJECTS The City Clerk read the resolution by title only; PUCCINELLI MOVED AND BUCHANAN SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2002 -32, AN ORDINANCE amending the 2002 budget for the City of Yakima; and making appropriations of $349,000 within the 477 — Domestic Water Improvement Fund for expenditure during 2002 to provide for a grant- funded capital project. *15. FIRST READING OF ORDINANCE AMENDING THE 2002 BUDGET AND APPROPRIATING FUNDS TO IMPLEMENT THE WASTEWATER COST OF SERVICE AND RATE STUDY AND FACILITIES PLAN (NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 6/4/02) An Ordinance amending the 2002 budget and appropriating funds to implement the Wastewater Cost of Service and Rate Study and Facilities Plan, was read by title only, and laid on the table until June 4, 2002 for a second reading. QUASI- JUDICIAL CLOSED RECORD HEARING 16. CLOSED RECORD PUBLIC HEARING TO CONSIDER APPEAL OF HEARING EXAMINER'S RECOMMENDATION ON CLASS 2 REVIEW TO OPERATE A CARD ROOM AT 3807 RIVER ROAD • Staff gives current status of hearing Dan Valoff, Senior Planner, explained this is a closed record public hearing to consider the appeal by Lynn Raymond of a Class 2 zoning approval by the hearing examiner for a card room at 3807 River Road. On March 28, 2002, the hearing examiner conducted a public hearing to review the Class 2 application. There was substantial opposition presented at the hearing. On April 11, 2002 the hearing examiner rendered his decision approving, with conditions, a Class 2 use as a card room at this location. Within the 14 -day appeal period, Ms. Raymond filed an appeal. Staff recommends Council uphold the hearing examiner's decision. • Council disclosures Council Member Puccinelli explained he has financial interest in Mel's Diner, a restaurant that will feel a competitive impact if a casino opens at this location. He also revealed that Mel's Diner Corporation is currently looking at becoming a casino in the future. Council Member Barnett said he had received a phone call informing him that if the casino is allowed there would be a movement to replace the Council members who vote for it. 5 36 MAY 21, 2002 • Attorney defines the rules Ken Harper, attorney for the City, explained the rules under the Yakima urban area zoning ordinance. The process for this hearing is based on the understanding that full evidence was given at the previous hearing. This closed record hearing reflects the fact that there will be no new evidence added to record. The zoning code specifically says the legislative body review of the facts shall be limited to the evidence presented to the examiner. The audience may raise arguments based on the evidence, but it is imperative to maintain distinction between new arguments and new evidence. In response to a question from Council Member Barnett regarding whether issues relating to traffic, noise, and parking are proper for discussion, Mr. Harpel explained those would typically be considered SEPA issues. In this case the hearing examiner made a finding that the project was exempt from SEPA. It is difficult to distinguish when a SEPA matter is also a compatibility matter. SEPA matters, specifically traffic, lighting, dust, etc, would not technically come before the Council. As they bear in compatibility, however, they are fair game. • Mayor Place opened the public hearing Lynn Raymond, 2302A West Viola, explained her role in filing the appeal and spearheading an organization called Citizens for a Family Friendly Yakima. Speaking for the group she said they don't like the location for the casino as they feel it is too near Chesterley Park. She said that it is a safety issue due to traffic, plus there's a problem due to alcohol on the premises. She said Yakima's image is known for drugs, gangs, empty buildings and graffiti. They don't want it to also be known for casinos. She compared this application to that supplied by the Caribbean saying this one is not complete. She also questioned the statement that the casino would employ 120 people at an average wage of $17 /hr. Carl Willcoxson, 805 South 24 Avenue, questioned where these people were during the process for the new jail. He denounced their morality pleas as being a front. He said they should be more concerned about the speed limit and the McDonalds in that location. Working on those would do more in protecting the kids. He said this city is hamstrung by these sanctimonious people and relies too much on government subsidies. His parting comment was to give business a chance, it might catch on. Lee Clark, 817 Conestoga Boulevard, said he is sympathetic to what is now the proper urban planning concept of more integration of business and shopping, with housing, but there are some things that cannot be properly put together. A park is not appropriate next to a gambling casino. Lois Gervais, 4204 Scenic Drive, believes the location is inappropriate. She spoke in detail about the impact of gambling on family life and she would like to see a moratorium on casinos in Yakima. Charlotte Baldwin, expressed concern that the application didn't fill,out the question asking if the proposed use was compatible to neighboring properties and what mitigation relief was available. She claimed to be okay with liquor and gambling but not near a city park. Jack Ames, 1111 North 34 Avenue, said traffic, safety, and crime were his biggest concerns. 6 37 MAY 21, 2002 Marvin Cole, 1011 North 34 Avenue, chaplain of the Yakima County Jail was concerned about the addition of gambling. He added that if money was the only criteria for making the decision, we don't belong in the decision making business. Ken Parsley , Pastor of Church on Move, 710 North 2nd Street, described gambling problems he has seen and said there are moral questions that must be considered in addition to legal and financial issues. He referred to a letter sent by religious leaders asking President Bush to address the gambling problem. Helen Phillips, 207 West Prasch Avenue, said she is strongly opposed to this gambling casino. She spoke again later saying that if this casino goes in she is sure a lot of people will be leaving Yakima. Milton Stave, 3605 Susan Avenue, strongly feels that the proposed casino should not be at Chesterley Park. Mike Warner, 10903 Estes Road, opposes the location and expressed concern about the number of casinos in town. Cathy Mickels, 103 North 87 Avenue, spoke about Yakima's bad reputation on the west side of the state and the need to work on its image. She said a casino in this area would not help that image. She requested that this location be determined as incompatible and that a moratorium be placed on allowing any more casinos until the negative impact can be studied further. She submitted a study on gambling and it's impact on Washington families to the City Manager for the upcoming study session on casinos. Tess Taylor, 3005 Castlevale Road, spoke against the casino. Dave Edier 1504 South 34 Avenue, referred to the location as being a gateway to the city and having a casino at a gateway does not help our image. Carol Smith, 108 North 79 Avenue, read a letter from Dale Renner who owns a business in Glenwood Square that stated he had wanted to open a full service ice cream parlor in the Goody's location but the agreement for the casino was already in the works. His letter expressed disgust and frustration that a casino would be that close to a park and would scar an entrance to the City. He also expressed concern for Yakima's reputation. Following a short break, Bob Brennan, managing partner for Royal Yakima Development, LLC, spoke in defense of the casino. He made the clarification that this was a quality of life decision. He said he has partners that own a casino in • Everett and they have a track record of doing a lot of charitable work. It is his intent to hold charitable evenings at this location as well. They expect to help the police with the crime situation by placing 70 cameras inside and outside the facility. He countered the traffic comments by saying it was reviewed by the hearing examiner and they were found to be in compliance. He talked about putting in a fence along the park that fronts the casino to protect the children. He advised that they bought the lot to the north to ensure there was adequate parking. He emphasized they had passed review on everything asked of them and received the hearing examiner's support. He countered many of the items Ms. Raymond had brought up regarding the planned number of employees, the amount of wages, and the status of building a casino in Richland. • Ms. Raymond asked Council Member Puccinelli to recuse himself. After discussion, although the attorney didn't see it as necessary, Council Member Puccinelli elected to recuse himself. Mr. Brennan objected to that. 38 MAY 21, 2002 Stan Bird, 3908 River Road, said he has nothing against the casino except for the location. He also said he felt Council Member Puccinelli should participate. Kenneth Rose, 225 North 31 Avenue was against the location near the park and expressed concern about the traffic. Jar Arcand, 111 E. Yakima Avenue, said his main issue with the location is the alcohol consumption. Having customers driving away drunk across the street from a park places our youth in harms way. Mike Davis, 4964 Pear Butte Drive, said he has noticed another image problem over the years, one of low paying jobs. But when he thinks of a casino he thinks of wages and the taxes the casino pays. He is employed at the Caribbean Casino and commented about their charitable contributions. But he asked Council to insist the Royal Casino completely fill in their application form and to give them the opportunity to address anything they may have overlooked. Dan Bird, 3908 River Road, was against the casino because of the increased traffic. Walt Nelson, 910 South 40 Avenue, said he understands why the people are protesting the casino but the Council is elected by these people to uphold the law. The law says the Council should see if the applicant has fulfilled all the requirements and if he has done that, the decision should be made because of the law rather than emotions. Jackie Penattoni, 6210 West Yakima Avenue, is concerned about Yakima's image and thinks there should be an ordinance that says we won't allow a place that serves alcoholic beverages across from a park. Fran Rose, 225 North 31 Avenue, spoke against allowing the casino because, even though it's an emotional and legal issue, common sense should prevail. Chuck Jervis, 4204 Scenic Drive, asked the Council whether they were concerned about money or youth. Lynn Raymond did a closing summary of what had been said against the casino going in at that location. Bob Brennan, in closing, addressed the alcohol issue noting that it will not be just a casino, but also a bar and restaurant. In their other casinos they have never been closed for over - serving anyone. He emphasized again that he has fulfilled all the requirements and received the Hearing Examiner's recommendation. • Mayor Place closed the public hearing Council Member Mattson said four casinos have opened in the last two years and he thinks the City has been blindsided. He said the tools to deal with the problem are the zoning ordinance and the comprehensive plan. He could not find anything in either to deny this application. Although he feels this is obviously incompatible at this location, he cannot see that there is legal footing to say it's incompatible. Nor can the Council deny an application on community displeasure alone. He thanked the community groups and invited them to help at the study session on casinos to be held June 4 He said he would be happy to spearhead how to make the zoning ordinance stronger so that this never has to happen again. Council Member Buchanan said the application form wasn't complete and he feels it is inconsistent to approve it if it is incomplete. The City's attorney, Ken Harper, • said the planner, Dan Valoff, rendered a finding of substantial completeness. He 8 39. MAY 21, 2002 said the Municipal Code speaks to what makes an application complete and in this case, the specific questions that are asked in the application regarding compatibility in particular are not elements in the Municipal Code on whether an application is complete or not. Discussion continued on completeness of the application and exemption from SEPA. Reference to a case of a mining company versus Pierce County was explained wherein it was determined that community displeasure by itself cannot be used as a basis of denial. Mr. Harper explained that if Council members find that this application has in fact met the codes, the compatibility review, and they have found that Mr. Lamb's decision is supported by the evidence, that is an appropriate basis to make a decision. BUCHANAN MOVED AND PLACE SECONDED TO REJECT THE HEARING EXAMINER'S DECISION. Council Member Sims explained that he would like to vote against the casino, but agreed with Council Member Mattson that there is no legitimate reason to do so. He feels we painted ourselves into a corner with the urban area comprehensive plan and with the CBDS zoning and we need to look at safeguards to prevent this happening in the future. Council Member Buchanan repeated that he felt staff shouldn't have allowed it to be considered complete because the required attachments were not complete. Mayor Place believes that the Hearing Examiner erred when he said it was compatible. Council Member George also thinks the Hearing Examiner didn't adequately consider the compatibility issue. Council Member Barnett feels that the petition, the letters, and the testimony have brought out issues to indicate that the card room is not compatible. The question was called for a vote on the motion. The motion carried by a 4 -2 roll call vote, Sims and Mattson voting nay; Puccinelli recused. 17. OTHER BUSINESS A. APPOINTMENT OF COUNCIL COMMITTEE TO REVIEW APPLICATIONS FOR THE CAPITAL IMPROVEMENTS / FACILITIES COMMITTEE (DEFERRED FROM MAY 7, 2002 MEETING) Council Member Mattson volunteered to chair the committee and Council Member George and Mayor Place agreed to be on the committee. SIMS MOVED AND BUCHANAN SECONDED TO APPOINT RICARDO VILLASENOR TO THE HOUSING AUTHORITY BOARD. The motion carried by unanimous voice vote. City Manager Zais announced that we were informed by the Bonneville Power Administration that the City has received $800,000 in funding for the Naches Water Treatment Plant Fish Screening project. 9 4 0 MAY 21, 2002 • Information Items: Items of information provided to Council were: Meeting announcement for Public Facilities District & Center Expansion Committee for May 23, 2002; Announcement of Yakima River Basin Salmon Recovery Board workshop on June 14, 2002; The Yakima County Labor Economy; April 2002; Planning Division Assignments Pending Report as of May 20, 2002; Article from May 11, 2002 The Spokesman- Review, "City Plans Cuts in Jobs and Services "; Article from May 11, 2002 Seattle Post - Intelligencer, "Cash- strapped County Parks May Open for Business "; and Article from May 5, 2002 The Seattle Times "Driver Friendly and Efficient, High -tech Tolls can Solve Seattle's Mess" BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR TEN MINUTES TO DISCUSS PROPERTY ACQUISITION WITH IMMEDIATE ADJOURNMENT THEREAFTER TO JUNE 4, 2002 AT 7:30 A.M. IN THE COUNCIL CHAMBERS FOR A STUDY SESSION ON CASINO ISSUES. The motion carried by unanimous voice vote. 18. ADJOURNMENT Following executive session, the meeting adjourned at 5:58 p.m. �r READ AND CERTIFIED ACCURATE BY: 4 ,' �� ��/ COUNCIL EMBER DATE 4 1 y- - f7 - © COUNCIL MEMB ' DATE ATTEST: g aiL I Z" A- ' .<1 /P--a .die Aille CITY CLERK / MARY PLACE; MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 1 10