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.
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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
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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.
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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.
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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.
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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.
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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"
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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 ").
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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
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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.
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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
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