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HomeMy WebLinkAbout09/17/2002 Business Meeting 137 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL SEPTEMBER 17, 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 Absent: Council Member Mattson (excused) 2. INVOCATION /PLEDGE OF ALLEGIANCE Council Member Puccinelli gave an Invocation, followed by the Pledge of Allegiance led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS / SPECIAL RECOGNITION • KIDSVOTING DAY Mayor Place read a proclamation endorsing active participation in the Kidsvoting Program in the Yakima Schools. The goal of the program is to have children get involved in the voting process. It helps educate them about the importance of voting and has proven to increase voting participation by their parents as well. Corky Mattingly, County Auditor, Patty Dion with the Yakima Schools Foundation, and Bill Cobabe, Manager of the Office of Neighborhood Development Services, accepted the proclamation. • DAY OF REMEMBRANCE Mayor Place read a proclamation declaring September 20, 2002 as a Day of Remembrance in Yakima of all those missing and unaccounted for in all our past wars and conflicts. Sally Rymer, VFW 379 Ladies Auxiliary, accepted the proclamation. • WALK ACROSS WASHINGTON DAY Mayor Place read a proclamation declaring September 29 as Walk Across Washington Day in the City of Yakima. Linda Watkins, local event coordinator, accepted the proclamation and advised that the walk will start at 3:00 p.m. at Sarg Hubbard Park and proceed to Harlan's Landing. 138 SEPTEMBER 17, 2002 B. YARD OF THE MONTH PRESENTATION Lynn Quesenbury, Parks and Recreation Administrative Specialist, announced the Yard -of- the -Month recipients and showed a short video highlighting the yards: Zone 1 Northwest Vickie Schmidt, 4303 Avalanche Zone 2 Southwest Roy and Mary Tjarnberg, 809 South 56 Avenue C. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS Royale Schneider, Code Enforcement Officer, gave a status report on the complaint received at the September 3rd Council meeting regarding the resident at 1303 Ledwich Avenue. By Council direction she pursued the issue of the resident having a sign on his truck advertising Brandon's Mobile Welding and whether he had a home occupation business license. She said Brandon Curland emphatically states this is his hobby and is not a business venture and, therefore, refuses to fill out an application for a business license. City Attorney Paolella advised there was a pending legal investigation in process. City Manager Zais noted that the citizen who made the complaint has the right to pursue a civil action on his own. Brandon Curland, 1303 Ledwich Avenue, addressed Council and declared he did not have a business license and does not have a business. He said the sign was made for him by a friend years ago and he had proudly put it on his jeep that weekend. He claims he is now being harassed publicly by all this attention. Mayor Place suggested this issue might need to go to the Dispute Resolution Center as it is turning into one person's word against the other's. She also pointed out that Mr. Curland must adhere to the noise ordinance rules. Bill Cook, Community and Economic Development Director, advised that the new Castlevale Road is open and is now a City road. The traffic signal is not in yet; therefore, there are stop signs in use for the next couple of weeks. Mr. Cook reported that Steve Stumpf from First Star Entertainment was provided with names of agencies to contact that may be interested in investing in his video production. Mr. Cook also advised that with regard to Jerry Maggard's concerns about the downtown parking proposals and discussions with the Federal Courthouse and the GSA, they will hold a meeting with him and the neighbors in that area to discuss the situation. 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. 14A. was added and Item No. 10 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including 2 139 SEPTEMBER 17, 2002 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; Mattson absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. APPROVAL OF MINUTES OF THE JULY 16, 2002 SPECIAL MEETING, SEPTEMBER 3, 2002 BUSINESS MEETING AND SEPTEMBER 4, 2002 ADJOURNED MEETING The minutes of the July 16, 2002 Special meeting, September 3, 2002 Business meeting and September 4, 2002 Adjourned 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 Lynne Kittelson, 305 North 9 Street, publicly thanked the Yakima City Fire Department, Acting Chief Mayo, and the Education Officer, Mitch Cole, for the excellent program they gave for the League of Women Voters covering the status of the fire department and also the EMS levy. She also advised that David Nolan, from the U.S. Department of State is coming to Yakima on Thursday, October 17, 2002, to speak about policies and relationships with emphasis on rural Washington as it relates to Mexico and Canada on any of many topics relating to trade, NAFTA, agriculture and sanctions, environment and natural resources, labor and immigration, imports and exports and amnesty. PUBLIC HEARINGS 6. PUBLIC HEARING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION TO VACATE A UTILITY EASEMENT FOR THE PLACEMENT OF A SKY BRIDGE FOR YAKIMA COUNTY'S NEW CORRECTION FACILITY AT 200 NORTH FRONT STREET Dan Valoff, City Planner, explained that the County applied in February to initiate the right of way vacation of a utility easement. Since that time, current events have changed, but the application is continuing through the process. This public hearing is to consider the master zoning application for utility easement for a sky bridge to a 1600 -bed correction facility in the 200 block of North Front Street. At a public hearing before the Hearing Examiner on June 13, 2002, two people spoke in opposition as part of the record. On July 25, 2002, the Hearing Examiner rendered his decision recommending approval of the vacation and the sky bridge. City staff recommends upholding the Hearing Examiner's recommendation. Mayor Place asked about the lack of parking spaces. • 3 140 SEPTEMBER 17, 2002 • Mayor Place opened the public hearing Tom Durant, Durant Development Services, acting as a consultant for the County on the land use and permitting process, clarified the request saying they were asking for two vacation rights of way; vacation of utility easement where the former alley was as well as a permit to construct the sky bridge across B Street. He addressed the parking concerns stating that it is the County's intent to maintain the number of parking spaces and vehicle storage spaces on a one -to -one basis throughout the project. It is their intent to demolish some buildings on A Street that the County owns and expand the south parking lot. There will also be some relocation of County staff to other County facilities. Doug Cochran, County Administrator, spoke about the article in today's Yakima Herald that said they were reconsidering the location of the new jail. He said they are reviewing the five original sites. Due to recent contract actions they are now aware of the expected revenue for the next seven years and with that information they want to bring the cost of the project down. They are seriously looking at the other sites and there is a high likelihood it could go to another site. One of the assumptions that has changed is they will make this a post- sentence facility meaning people will go there after a judge decides how much time they'll spend in jail. This will mitigate the issue of transferring people back and forth to the courts. He said the County Commissioners are to make their final decision within the next 60 to 90 days. Council Member Puccinelli urged them to keep it in Yakima and reminded them to consider that many of the social programs, hospitals, lawyers, etc. that are utilized by the facility are located within the City of Yakima. Lynne Kittelson, 305 North 9 Street, expressed her displeasure of solving the parking problem by tearing down more buildings. • Mayor Place closed the public hearing. BUCHANAN MOVED AND SIMS SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous roll call vote; Mattson absent. 7. CLOSED RECORD PUBLIC HEARING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION FOR REZONE OF PROPERTY IN THE VICINITY OF 913 THRU 1013 LANDON AVENUE REQUESTED BY SHIELDS BAG & PRINTING Dan Valoff, Senior Planner explained this was a closed record hearing to consider an application to rezone twelve parcels from R -2 to M -1 to facilitate employee parking due • to the continued expansion of the Shield's facility located in the 1000 block of Landon Avenue. A public hearing before the Hearing Examiner was held on August 22, 2002. There was no opposition. The Hearing Examiner rendered his recommendation on August 29, 2002 to approve of the request. Staff supports upholding the Hearing Examiner's recommendation. City Council members declared no ex -parte contact. 4 14 1 SEPTEMBER 17, 2002 • Mayor Place opened the public hearing. No one came forward to speak. • Mayor Place closed the public hearing. BUCHANAN MOVED AND SIMS SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous roll call vote; Mattson absent. 8. CLOSED RECORD PUBLIC HEARING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION FOR A MASTER APPLICATION FOR REZONE OF PROPERTY AT 4309 WEST NOB HILL BOULEVARD AND 911 SOUTH 44TH AVENUE REQUESTED BY SKYLAND COMPANY Bruce Benson, Senior Planner, described the master application submitted by the Skyland Company as a request to rezone approximately three acres from R -3 to SCC, small convenience center. He said it is also a Class 2 request to permit the 24 -hour operation of a 79,000 sq. ft. supermarket. This property is located on the north side of Nob Hill Boulevard between South 42 and 44 Avenues. On August 22, 2002 an open- record public hearing was held. On September 3, 2002 the Hearing Examiner issued his recommendation to approve the request. Staff recommends the City Council accept the Hearing Examiner's recommendation. Council Member George noted a correction required in the recommendation changing North 42 Avenue South 42 Avenue. City Council Members had no ex -parte contact to declare. • Mayor Place opened the public hearing. Scott Whipple, from Wilsonville, Oregon, working on behalf of the applicant, advised they had approached the schools from the very beginning of this project and received • no objections. The street improvements that will be made will actually help Whitney School. Sally Fitch, 1802 West Yakima Avenue, asked the developer questions regarding planned landscaping in the area. She was given a copy of the Hearing Examiner's recommendation and conversed with Mr. Whipple on some of the details of the planned landscaping. Ms. Fitch asked to be included in future plans for the pad located on the corner of South 42 Avenue and Nob Hill Boulevard. There was general discussion about the notification process and the size of the signs posted regarding the plans for the property. Lee Beaudry, 802 North 40 Avenue, had questions about applying for a rezone of his property at 4310 Nob Hill Boulevard. He was directed to the Planning Department to start the application process. 5 142 SEPTEMBER 17, 2002 • Mayor Place closed the public hearing. BUCHANAN MOVED AND SIMS SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous roll call vote; Mattson absent. CITY MANAGER'S REPORTS 9. CONSIDERATION OF REPORT AND RECOMMENDATION ON PROPOSED STRATEGY RESPONDING TO RECENT ESA LISTINGS Dueane Calvin, Water and Irrigation Manager, was available for questions. Council Member Barnett asked questions regarding Section 7 with regard to the wastewater treatment plant having previously received partial federal funding. He was advised by Mr. Calvin that the application of Section 7 is not triggered by past actions but is applicable from the time application is made. There was discussion regarding whether we should try to adopt #9 under the 4d rules. Mr. Calvin clarified that we have achieved the same thing without the 4d process. Council Member Barnett commented that his concern was to ensure we are covered under the Endangered Species Act and Mr. Calvin assured him we were. BUCHANAN MOVED AND SIMS SECONDED TO ACCEPT THE RECOMMENDATIONS. The motion carried by unanimous voice vote; Mattson absent. 10. CONSIDERATION OF RESOLUTION APPROVING GRANT REQUEST FROM 2001 AND 2002 FEDERAL HOME FUNDS AND AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA VALLEY OIC TO CONSTRUCT HOMES IN BAKER COURT SUBDIVISION Bill Cobabe, Office of Neighborhood Development Services Manager, gave an overview of what their office does with these funds. Everything they do is trying to combat poverty. Locally all of the money is spent on rehabilitation of existing buildings, or down payment assistance, and also on construction of new homes. He described how they are dealing with increased costs and their attempt to build more than one or two houses at a time. They have been able to leverage federal money with private money. He explained that the HOME Program carries a requirement that 15% of all home funds received have to be made available to area non - profit CHDO's (Community Housing Development Organizations). This agenda item represents a two -year sum of that 15 %. He described this project and how it is partnering with OIC to build six homes. Council Member Buchanan asked questions about the size of the grant versus the cost to build the houses and the estimated sales price of each. Mr. Cobabe explained that the $205,800 grant will go into curbs and gutters, infrastructure improvements. In response to Mr. Buchanan's questions about the money supposedly going to Americorp crews to build the house, Mr. Cobabe said that by using the grant money to accomplish the infrastructure improvements, OIC is then able to use OIC funds and the Americorp program to pay for the actual cost of construction. The City Clerk read the resolution by title only; SIMS MOVED AND PUCCINELLI SECONDED TO ADOPT THE RESOLUTION. The motion carried by 5 -1 roll call vote; Buchanan voting nay and Mattson absent. Council Member Buchanan said he voted nay because he thinks the taxpayers are getting a smoke and mirrors story that says this money is going to build six new homes but it's only for the infrastructure and we still don't know what the costs are. 6 143 SEPTEMBER 17, 2002 RESOLUTION NO. R- 2002 -118, A RESOLUTION approving a $205,800 grant request from 2001 and 2002 federal HOME funds to Yakima Valley Opportunities • Industrialization Center (01C) for building six new homes at the Baker Court subdivision, and authorizing and directing the City Manager and the City Clerk to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Yakima Valley 010. *11. CONSIDERATION OF RESOLUTIONS DECLARING CITY PROPERTY SURPLUS AND AUTHORIZING ITS SALE: A. MISCELLANEOUS AND CONFISCATED SURPLUS PROPERTY AND VEHICLES; DISPOSE THROUGH PUBLIC AUCTION RESOLUTION NO. R- 2002 -119, A RESOLUTION declaring the attached list of • property surplus and authorizing the sale of said confiscated property, vehicles and surplus property owned by the City. B. JCB BACKHOE; SELL TO WEST VALLEY SCHOOL DISTRICT RESOLUTION NO. R- 2002 -120, A RESOLUTION declaring one 1998 JCB Backhoe (ER 6066) surplus and authorizing its sale to the West Valley School District. *12. SET DATE'OF JOINT CITY /COUNTY PUBLIC HEARING FOR OCTOBER 15, 2002 TO CONSIDER AMENDMENT OF THE ZONING CODE REGULATING "SOCIAL CARD ROOMS" I October 15, 2002 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 proposed amendments to the Yakima Urban Area Zoning Ordinance for regulating "Social Card rooms ". *13. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR NEW SIGN CABINET AT 415 WEST WALNUT, REQUESTED BY 5 AVENUE DELI The Right -of -Way Use Permit to install a new sign cabinet on an existing sign pole at 415 West Walnut, requested by 5 Avenue Deli was approved. ORDINANCES 14. CONSIDERATION OF LEGISLATION RELATING TO SEPA ADMINISTRATIVE APPEAL PERIOD AND LAND USE NOTIFICATION PROCEDURES *A. ORDINANCE AMENDING THE MUNICIPAL CODE, ESTABLISHING A 15 -DAY PERIOD FOR APPEALS OF CERTAIN DETERMINATIONS MADE UNDER THE STATE ENVIRONMENTAL POLICY ACT ORDINANCE NO. 2002 -49, AN ORDINANCE of the City of Yakima, Washington, relating to environmental policy, land use, and development regulation and amending Section 6.88.170(A)(1)(a) and (b) of Title 6 of the Yakima Municipal Code to establish a fifteen (15) day period for appeals of certain determinations made pursuant to the State Environmental Policy Act, (Ch. 43.21C RCW ( "SEPA "). 7 144 SEPTEMBER 17, 2002 B. ORDINANCE AMENDING THE MUNICIPAL CODE, ESTABLISHING A 500 - FOOT NOTIFICATION BOUNDARY FOR CERTAIN LAND USE PROPOSALS This item was deferred to a future Council meeting. *15. CONSIDERATION OF ORDINANCE APPROVING TRANSFER OF TELECOMMUNICATIONS FRANCHISE FROM ADVANCED TELCOM GROUP, INC. TO GE BUSINESS PRODUCTIVITY SOLUTIONS, INC. ORDINANCE NO 2002 -50, AN ORDINANCE relating to the telecommunications system franchise granted to Advanced TelCom Group, Inc. under City of Yakima Telecommunications System Franchise Ordinance No. 2000 -13, as amended by City of Yakima Ordinance No. 2001 -67, and approving the transfer of the telecommunications system franchise from Advanced TelCom Group, Inc., to GE Business Productivity Solutions, Inc. 16. OTHER BUSINESS Council Member Puccinelli pointed out that Item No. 11 was for an auction of surplus City property and if people were interested they should phone the City for information about it. The auction will be held, Saturday, September 28, 2002. Bruce Benson, City Planner, displayed a mock -up of the new posting sign for land use issues. It is much larger than before at 4'x6' and will be custom produced for each application using color and larger print. The display mock -up cost $83. They plan to place the larger sign at the most conspicuous location on the project and will continue to use the 4'x4' at the other locations. Council Member Barnett asked about a recent article in the Yakima Herald Republic about the City buying smaller police cars. Council Member Buchanan said that the big cars are getting too expensive. City Manager Zais agreed and described the process the City has gone through migrating to the new Impala model. He said they have performed exceptionally well with respect to maintenance and winter requirements and are less expensive. There was a general discussion about the police fleet. • Information Items • Items of information provided to Council were: 9/12/02 Memorandum from Michael Morales regarding Mexico's Independence Day Fair and invitation and agenda provided by the Consul of Mexico; 9/3/02 Letter from Department of Energy re: Naches River Intake Screen Project; 9/12/02 Memorandum from Director of Public Works re: Draft.NPDES Stormwater Permit Application; Agenda for the September 13, 2002 Capital Facilities Committee meeting and minutes from its August 9 and 23, 2002 meetings; 9/10/02 Memorandum from Community Review Board Clerk regarding cancellation of September 18, 2002 meeting; and Planning Division Assignments Pending Report as of September 16, 2002 8 145 SEPTEMBER 17, 2002 17. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION AT 4:05 P.M. FOR 45 MINUTES FOLLOWED BY ADJOURNMENT TO • SEPTEMBER 24, 2002 AT 8:00 A.M. FOR STUDY SESSION ON POLICE CITIZENS ADVISORY COMMITTEE PROPOSAL. The motion carried by unanimous voice vote; Mattson absent. 18. ADJOURNMENT At 5:05 p.m. the City Clerk announced that the Executive Session would be continued for another 45 minutes. Following the Executive Session, the meeting adjourned at 5:42 p.m. • READ AND CERTIFIED ACCURATE BY: , ,„ / / _fr" C� �► IL MB DATE dg r � (2 i o — e" COUNCIL MEMBER DATE • ATTEST: • rv /77az ,/f CITY CLERK M PLACE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape this meeting are available in the City Clerk's Office 9