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HomeMy WebLinkAbout08/20/2002 Business Meeting 115 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL AUGUST 20, 2002 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Paul George, Larry Mattson, John Puccinelli, and Bernard Sims Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts County: Commissioners Ron Gamache and Jim Lewis (absent after 2:30 p.m.) Absent: Council Members Barnett and Buchanan, excused 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 / SPECIAL RECOGNITION: • RICHEY HOUSE REBORN DAY Mayor Place read a proclamation declaring August 22 as Richey House Reborn Day and encouraged everyone in the community to attend the grand re- opening on Thursday the 22 of August at 1:30 p.m. She also noted that August 18 -24 is National Health Center Week and the Yakima Neighborhood Health Clinic received national recognition as one of only seven, nation wide, that exemplifies best practices. Don Hinman and Anita Monoian, Yakima Neighborhood Health Services Executive Director, accepted the proclamation. • APPRECIATION /COMMENDATION FOR JEANNETTE NACHBAR, ANIMAL CONTROL OFFICER Mayor Place read a proclamation honoring Jeannette Nachbar for her service as a City Animal Control officer. Jeanette is leaving to move to Oregon. The mayor cited many of Jeannette's accomplishments throughout her tenure with the City. B. CONSIDERATION OF APPOINTMENTS TO THE COMMUNITY REVIEW BOARD Not discussed. C. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS (IF APPLICABLE) Not applicable. 116 AUGUST 20, 2002 Mayor Place recognized the boy scouts in the audience who are working on their Citizenship badge. IT WAS MOVED BY GEORGE AND SECONDED BY PUCCINELLI TO APPOINT RON ANDERSON TO THE CAPITAL FACILITIES IMPROVEMENT COMMITTEE. The motion carried by unanimous voice vote; Barnett and Buchanan absent. Rita Anson, Director of Finance, introduced Pete Hobbs who was selected as the new Customer Service Manager. She explained the selection process and changes that were made to the position. 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. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND GEORGE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Barnett and Buchanan absent. .(Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) The motion carried by unanimous roll call vote; Mattson temporarily absent; Barnett, and Buchanan absent. *A. APPROVAL OF MINUTES OF THE JULY 30 AND AUGUST 6, 2002 ADJOURNED MEETINGS AND AUGUST 6, 2002 BUSINESS MEETING OF THE CITY COUNCIL The minutes of the July 6 and 30, 2002 Adjourned meetings and August 6, 2002 Business meeting 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 Robert Owens, 614 North 3rd Street, expressed his disagreement with the idea of documenting "acts of kindness ". He listed a number of acts of kindness that he would appreciate the City Council doing. PUBLIC HEARINGS 6. JOINT PUBLIC HEARING WITH YAKIMA COUNTY TO CONSIDER THE REGIONAL PLANNING COMMISSION'S AND THE YAKIMA URBAN AREA JOINT BOARD'S RECOMMENDATION ON THE 2002 COMPREHENSIVE PLAN AMENDMENTS TO THE FUTURE LAND USE MAP Dan Valoff, Senior Planner, said there were ten requests made for Comprehensive Plan amendments; eight were recommended for approval, and two for denial. The Regional Planning Commission conducted two public hearings; April 9, 2002 and June 20, 2002. The Joint Board recommended approval of the RPC's recommendations. Since then, one of the requestors asked to have his request withdrawn; it was one that was being denied. It was determined that it was too late in the process to withdraw that request. 2 AUGUST 20, 2002 • Mayor Place opened the public hearing. Ann Berg, 8306 Summitview Avenue, was going to speak against the Anderson request but when she learned it was denied had no need to comment. Wilma Koski, 6403 Terry Avenue, questioned why the mobile home park for 82 Avenue and Tieton Drive was denied. Commissioner Lewis said it was an R -1 area not R -3, it was denied previously and reapplied for, and the public had contested it. She compared it to the Congdon rezone and asked why the citizens opposing that rezone were not given the same consideration. , • Mayor Place closed the public hearing. MATTSON MOVED AND PUCCINELLI SECONDED TO ADOPT THE REGIONAL PLANNING COMMISSION'S AND THE JOINT BOARD'S RECOMMNENDATION AS PRESENTED. The motion carried by unanimous voice vote; including the Commissioners; Barnett and Buchanan absent; Palacios absent. The County Commissioners left the meeting at 2:33 p.m. 7. PUBLIC HEARING ON THE LOCAL AND STATE SELECTION CRITERIA AND ALLOCATION PLAN FOR THE COMMERCIAL REVITALIZATION DEDUCTION TAX INCENTIVE PLAN: Bill Cook, Director of Community and Economic Development, explained that the City has received authority to recommend capital construction projects to the State of Washington for commercialization construction. This relates to a total of $96 million for City of Yakima. He listed•two conditions, 1) establish local guidelines and criteria to be submitted to the state, and 2) enter into an agreement with the State of Washington establishing procedures for the program. This is a public hearing on both of these issues. He also explained that the state will be changing the title of the Memorandum of Understanding to an Interlocal Agreement. There have been several sessions throughout the renewal community area, with sponsorship by the Chamber of Commerce and Yakima Downtown Association, on how the renewal credits would work and on the benefits themselves. The information is also on the website. The Council Economic Development Committee has met and recommends approval. Mr. Cook went on to explain the program in detail. He said staff recommends a review committee called the Commercial Revitalization Deduction Review Committee be established. It would be a committee of seven to help review the requests. It would consist of a CPA, a commercial banker, someone from YCDA, a HUD representative in Seattle, a City Council representative from the Economic Development Committee, one from the Downtown Association and one from the neighborhood. • Mayor Place opened the public hearing. No one came forward to speak. • Mayor Place closed the public hearing. 3 118 AUGUST 20, 2002 Council Member Puccinelli said he sits on the Economic Development Committee and agrees that this is a wonderful opportunity. There area lot of companies that have tax problems and if they relocate to Yakima they can receive benefits for their whole company. He's hoping we are able to get the word out around the 1 -5 corridor about these opportunities here. A. CONSIDERATION OF RESOLUTION ESTABLISHING PROCEDURES FOR THE ADMINISTRATION OF THE FEDERAL COMMERCIAL REVITALIZATION TAX DEDUCTION PROGRAM The City Clerk read the resolution by title only; PUCCINELLI MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous voice vote; Barnett and Buchanan absent. RESOLUTION NO. R- 2002 -104, A RESOLUTION identifying and establishing certain procedures for the administration by the City of Yakima of the Commercial Revitalization Tax Deductions element of the federal Renewal Communities Program. B. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT IDENTIFYING RESPONSIBILITIES FOR THE MANAGEMENT OF THE FEDERAL COMMERCIAL REVITALIZATION TAX DEDUCTION PROGRAM The City Clerk read the resolution by title only, PUCINNELLI MOVED AND GEORGE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Barnett and Buchanan absent. . RESOLUTION NO. R- 2002 -105, A RESOLUTION authorizing and directing the City Manager to execute an interlocal agreement between the City of Yakima and the State of Washington Department of Community Trade and Economic Development ( "CTED ") regarding coordination between the City of Yakima and CTED for purposes of administering the Commercial Revitalization Tax Deductions element of the federal Renewal Communities Program. City Manager Zais took this opportunity to recognized the staff members who have worked hard on this effort; Bill Bill Cobabe, and especially Mike Morales who put the grant application together'for this project. Council Member Puccinelli advised the audience that this is the fruit of the annual trip to Washington DC that has received citizen criticism. 8. PUBLIC HEARING ON GRANT APPLICATION FROM THE U.S. DEPARTMENT OF JUSTICE FOR FUNDING THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM (SEE RESOLUTION) Lieutenant Mike Merryman explained this public hearing is the start of the application process for the annual request for block grant funding. This year it is in the amount of $77,188 of which $11,578 will be disbursed to Yakima County. That leaves $65,610 for the City to used for police portable radios, mobile data terminals, computers, and computer technology matters. 4 119 AUGUST 20, 2002 • Mayor Place opened the public hearing. No citizen came forward to speak. Mayor Place closed the public hearing. The City Clerk read the resolution by title only; SIMS MOVED AND MATTSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Barnett and Buchanan absent. RESOLUTION NO. R- 2002 -106, A RESOLUTION ratifying application for a grant in the total amount of $85,764 from the United States 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 of Yakima and to take such additional steps, including but not limited to execution of all necessary documents and contracts as may be necessary and prudent to complete transactions associated with the grant. CITY MANAGER'S REPORTS 9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A TECHNICAL ASSISTANCE AGREEMENT WITH THE NATIONAL DEVELOPMENT COUNCIL FOR COMMUNITY AND ECONOMIC DEVELOPMENT PROJECTS Mike Morales, Grant Writer, explained that the City has been in an agreement with the NDC since July, 2001. They have assisted us with a variety of projects, like tax reform at the state level, amendment of the economic grant and loan package with HUD that is currently under review, and have advised us in the commercial deduction process. The change is the contract will be from budgeted funds out of the CBDG 2002 allocation and some of the 2003 budget. Previously it was funded by our 1 -695 backfill money from the state. SIMS MOVED AND GEORGE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Barnett and Buchanan absent. RESOLUTION NO. R- 2002 -107, A RESOLUTION authorizing the City Manager to execute a Technical Assistance Agreement with the National Development Council (NDC) for the purpose of obtaining technical assistance services related to local, state and federally funded community and economic development projects and activities. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AMENDMENT WITH WARDELL ARCHITECTS FOR YAKIMA CENTER HVAC SOUND STUDY RESOLUTION NO. R- 2002 -108, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an amendment to provide for a mechanical equipment noise study as part of the architectural-services agreement with Wardell Architects, P.S. regarding the expansion of the Yakima Convention Center. 5 120 AUGUST 20, 2002 *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH THE STATE DEPARTMENT OF FISH AND WILDLIFE FOR FISH SCREENS AT THE CITY'S WATER TREATMENT PLANT RESOLUTION NO. R- 2002 -109, A RESOLUTION authorizing and directing the City Manager to execute an intergovernmental agreement with the Washington State Department of Fish and Wildlife for the fabrication and installation of fish screens at the City of Yakima water treatment plant located on the Naches River. *12. APPROVAL OF RIGHT -OF -WAY USE PERMIT REQUESTED BY MEMORIAL HOSPITAL FOR BRICK LANDSCAPING AND RETAINING WALLS AT 421 SOUTH 28 AVENUE The Right -of -Way Use Permit requested by Yakima Valley Memorial Hospital to construct brick landscaping and retaining walls at 421 South 28 Avenue was approved. *13. APPROVAL OF SECOND QUARTER 2002 CODE COMPLIANCE REPORT The Second Quarter 2002 Code Compliance Report was approved. ORDINANCES 14. CONSIDERATION OF ORDINANCE APPROVING REZONE OF PROPERTY IN THE VICINITY OF SOUTH 64 72 AND WEST WASHINGTON AVENUES AND WEST NOB HILL BOULEVARD, REQUESTED BY CONGDON ORCHARDS Bill Cook, Director of Community and Economic Development, described the current status of the rezone process. At the end of the Public Hearing on July 30, 2002, Council closed the hearing and directed staff to prepare an ordinance approving the Congdon rezone with conditions recommended by the Hearing Examiner and modified by Council. Action today will complete the zoning framework within which individual projects will be considered in the future. With this ordinance Council has established requirements for physical and R -1 density buffers around the property perimeter and increased the level of public review and comment required on project- specific development within the commercially zoned CBDS areas. Terry Danysh, legal counsel for the City, said this ordinance was circulated and received several comments from parties on all sides including counsel for both the Neighbors for Responsible Development and counsel for the Congdon Orchards. The document is slightly different than what was previously distributed based on that input. He then passed out excerpted copies of the minor modifications made to the language. He noted that the reason for the changes in the ordinance was Congdon's offer to subject all proposals in the CBDS zone of Tracts D and E to.SEPA review and to increase the level of review from Class I to Class 2. He then highlighted the actual changes noting it essentially reflects the desire of the City to be protected in the enforcement of those provisions down the road if the property were to change hands. Council Member Mattson stated concern regarding the unending time frame and recommended 6 12 .1 AUGUST 20, 2002 making it consistent with the Development Agreement. MATTSON MOVED AND SIMS SECONDED TO AMEND BOTH SECTION V.C.2.(c) AND SECTION V.D.2.(b) OF THE ORDINANCE TO REMOVE THE PERIOD AT THE END OF THE SENTENCE, ADD A COMMA AND THE WORDS "FOR A TIME PERIOD NOT TO EXCEED 40 YEARS." The motion carried by unanimous voice vote; Barnett and Buchanan absent. Council Member Puccinelli wanted to go on record that he is against this ordinance. He feels CBDS is the wrong zoning for a neighborhood. He said the SEPA review only kicks in on new projects and described a situation where a business could change hands and then SEPA review wouldn't come into effect. He cited a number of other potential uses that he felt could cause problems in a neighborhood environment. He said that SEPA is supposed to look at traffic, parking, etc. and not used to determine if a business is acceptable in a neighborhood; that should be done by zoning. His biggest concern was the 40 -year time frame. He brought up that CBDS zoning is acceptable for correction facilities and his fear is that some day that could mean housing sex offenders. Council Member Mattson commented on the public process. His major point was that, although planning is boring, citizens need to pay attention. He described how the Comprehensive Plan change process is the beginning, then there are project- specific hearings. Although the process doesn't work well, it is the way the law works today. He also commented on the buffers and how, for some neighbors, no amount of buffering will suffice. He said he looked at the aerial photography and it appears that 75% of the homes that immediately front the Congdon boundary have some form of R- 1 or R -2 buffering. Therefore, nearly three - fourths will be facing a mirror image of themselves. He also said he didn't think the buffering and the concessions Congdon Orchards has made have been fairly portrayed in the press. The City Clerk read the ordinance by title only; GEORGE MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. The motion carried by 4 -1 roll call vote, Puccinelli voting nay; Barnett and Buchanan absent. ORDINANCE NO. 2002 -45, AN ORDINANCE concerning land use and zoning; rezoning 25 parcels (approximately 725 acres) in the vicinity of South 64 and 72 Avenues, West Nob Hill Boulevard, and West Washington Avenue from Suburban Residential (SR) and Single- Family Residential (R -1) to Two - Family Residential (R -2), Multi - Family Residential (R -3), Central Business District Support (CBDS), Small Convenience Center (SCC), and Light Industrial (M -1); and amending the Official Yakima Urban Area Zoning Map accordingly. *15. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE CHANGING METHOD TO MEASURE CLEAR -VIEW TRIANGLE FOR VEGETATION AT STREET INTERSECTIONS ORDINANCE NO. 2002-46, AN ORDINANCE relating to streets and sidewalks; changing the method of measuring clear view areas for vegetation and amending Section 8.80.040 of the Yakima Municipal Code. 122 AUGUST 20, 2002 16. OTHER BUSINESS City Manager Zais announced the Yakima Center Expansion Project contract had been awarded to Parris Construction. . City Manager Zais also announced there would be a fifteen minute Executive Session on pending litigation that concerns the City's appeal of the Growth Management Hearing Board decision. The Council will then reconvene to make an announcement. SIMS MOVED AND GEORGE SECONDED TO ADJOURN TO EXECUTIVE SESSION AND TO RETURN TO ANNOUNCE THEIR DECISION. The motion carried by unanimous voice vote; Barnett and Buchanan absent. Council went into Executive Session at 3:27 p.m. Following the short executive session, the Council reconvened at 3:45 p.m. At this time both counsels, Terry Danysh and Jamie Carmody, were included at the horseshoe. Terry Danysh, counsel for the City, announced that the City of Yakima has agreed to withdraw its appeal to the Superior Court and the City and the Neighbors for Responsible Development have agreed to participate in an expedited mediation process involving all parties. While the parties are committed to the mediation process, each is participating with a full reservation of all legal rights in the event that mediation is unsuccessful. The City believes the decision to withdraw its appeal to the Superior Court evidences a commitment to the mediation process in an effort to find a solution which balances the interests of all parties involved. In addition, the City does not want to delay the Board's review and believes that it could not obtain a ruling from the Superior Court before the Board reviews the merits of the case. Jamie Carmody, counsel for the Neighbors for Responsible Development, said his clients have a steadfast interest in finding a balanced solution that will serve the best interest of this community over the long run. In response to a question by the media about if it was possible something could happen in mediation that would alter the ordinance that was approved today, Mr. Danysh explained that the Growth Management Hearing Board has jurisdiction over all the issues that the neighbors have raised, including several issues that precede the timing of the passage of this rezone. In theory, a potential result could be to invalidate the rezone that occurred today. Under those circumstances there is great incentive for all parties to participate in this mediation to avoid years of litigation. Mr. Carmody again said that they appreciated the City's commitment to mediation in the context of the Growth Hearing appeal and in the entire matter. He said there are time tables that they face with respect to appeals in Superior Court and the Growth Management Hearing Board as it relates to today's rezone and they will need to comply with those appeal periods unless there's a waiver by the City. He said he expected there will be appeals to the Superior Court and the Growth Hearing Board but that should not derail their commitment to mediate this issue and find resolution through that mediation. 8 • AUGUST 20, 200 1 2 3 • • Information Items: Items of information provided to Council were: Press Release re: Yakima Readiness Center Opens with Ribbon - Cutting; 8/12/02 Letter from the Northwest Area Foundation re: decision to end its exploration and planning efforts in the Yakima Valley region; Agenda for the August 22, 2002 Hearing Examiner meeting; 8/14/02 Notice of cancellation of August 21, 2002 Community Review Board meeting; and Notice of workshop, "Finding Census 2000 Information On- Line" sponsored by the Yakima Valley Regional Library. 17. ADJOURNMENT ' SIMS MOVED AND GEORGE SECONDED TO ADJOURN THE MEETING. The motion carried by unanimous voice vote; Barnett and Buchanan absent. The meeting adjourned at 3:52 p.m. l READ AND CERTIFIED ACCURATE BY: ' 'w1 , ` © Z COUNCIL MEMBER DATE A / - -i COUNCIL MEMBE DATE ATTEST: Kam. . f-Z--e CITY CLERK Y PLACE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office . 9