HomeMy WebLinkAbout11/05/2002 Business Meeting 170. .
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
NOVEMBER 5, 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 Mattson.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS / SPECIAL RECOGNITION
B. FIRE DEPARTMENT PRESENTATIONS
(1) AWC CERTIFICATE OF ACHIEVEMENT FOR PARTICIPATION IN THE
MUNICIPAL ACHIEVEMENT AWARD PROGRAM
Jeremy Rodriguez, administrator of the Yakima Fire Cadet Program, accepted
the certificate and explained that this is a joint program between the City of
Yakima Fire Department, the Yakima Valley Technical Skills Center, and Yakima
Valley Community College. He introduced Cadet leaders, Eric Pacheco and
Andrea Halsey, who spoke about the many benefits of participating in the
program.
(2) FIRE DEPARTMENT RECRUITMENT INTRODUCTIONS
Fire Chief Dennis Mayo introduced three new recruits to the fire department;
Brian Williams, a firefighter from Yelm; Ed Moore, a volunteer firefighter from
Selah; and Eric McPherson, an East Valley volunteer.
C. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS
Glenn Rice, Assistant City Manager, introduced his cousin, Stewart Hill, an
Eisenhower graduate who as a marine was captured in Iran. Mr. Hill is currently
a member of the U.S. Secret Service, Uniformed Division, at the White House.
• 17
NOVEMBER 5, 2002
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. 10 was removed from the agenda and Item No. 15 was
taken off consent. The City Clerk read the 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 MINUTES OF THE OCTOBER 15, 2002 BUSINESS MEETING
The minutes of the October 15, 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
Rae Sherrard, manager of the Grand Hotel at 308 East Yakima Avenue, requested
changing the parking ordinance to allow their residents to purchase permits to park on
the street in the core business area. She described the various situations of elderly
and disabled tenants to emphasize their need. Mayor Place referred them to the
Yakima Downtown Association for consideration and recommendation to Council. Bill
Bayle, 308 East Yakima Avenue #503, explained he is handicapped due to a heart
transplant and needs convenient parking. Adel! Carlson, also a Grand Hotel
resident, reinforced the need for accessible parking for residents as well as care
givers for those disabled residents.
Bob Mason, 612 North 2 "d Street, read a letter he wrote to the editpr that was
published in the Yakima Herald on October 10, 2002. He touched on a number of
issues such as irrigation, train whistle noise, the closing of Miller Pool and graffiti. He
suggested a block grant be considered to deal with these issues.
• Maud Scott of southeast Yakima, questioned the length of the term of office for
members of the Substance Abuse Coalition saying she had heard they were lifetime
appointments. She was advised those appointments are not made by the City
although they have a representative on the coalition. That representative is appointed
every two years. She was referred to Steve Magellan of the Substance Abuse
. Coalition.
•
2
172
NOVEMBER 5, 2002
PUBLIC HEARINGS
6. PUBLIC HEARING ON CONSIDERATION OF LEGISLATION PERTAINING TO AD
VALOREM PROPERTY TAX LEVY FOR COLLECTION IN 2003:
A. AN ORDINANCE AUTHORIZING AN INCREASE IN THE CITY'S
ANNUAL REGULAR LEVY FROM THE AMOUNT LEVIED THE
PREVIOUS YEAR
City Manager Zais introduced the annual property tax submittal noting it is
limited to a 1% increase by Initiative 747. He said this is a critical revenue
source but the increase accounts for only $115,000 a year. Because of a
retiring 1985 levy for a number of street and park improvement projects the
entire levy is decreasing 4 %. He then spoke of the 72 Avenue and Congdon
annexation issue. Because of the 18 -month delay in receiving property tax
revenues, we will not see that revenue until April 2003 at the earliest. In the
meantime we are supplying services in police, code enforcement and transit.
We also will assume fire protection on January 1, 2003. Mr. Zais used charts to
show the allocation of the property tax revenues to support police and fire
pensions, parks and streets maintenance, and the library. One chart illustrates
how Yakima compares to similarly populated cities in the state, pointing out that
we are nearly $40 less per capita than average. He thinks this is a modest and
responsible tax levy in light of the 1`)/0 lid and the completion of the bond
obligation. Council Member Puccinelli expressed his disappointment with the
proposed property tax increase.
• Mayor Place opened the public hearing.
No citizen came forward to speak
• Mayor Place closed the public hearing
Council Member Puccinelli questioned the per capita comparisons and a
discussion ensued about the reasons larger cities' per capita tax is higher than
smaller cities, e.g. full service cities with police, fire, parks, planning, code
enforcement, transit, wastewater, water, irrigation, etc. The City Clerk read the
ordinance by title only; SIMS MOVED AND BUCHANAN SECONDED TO
PASS .THE ORDINANCE. The motion carried by a 6 -1 roll call vote, Puccinelli
voting nay.
ORDINANCE NO. 2002 -54, AN ORDINANCE relating to the annual property tax
levy; authorizing an increase in the City's regular levy from the amount levied the
previous year.
B. AN ORDINANCE FIXING AND LEVYING THE AMOUNT OF AD
VALOREM TAXES FOR THE 2003 BUDGET
3
1 3
NOVEMBER 5, 2002
The City Clerk read the ordinance by title only; MATTSON MOVED AND
BUCHANAN SECONDED TO PASS THE ORDINANCE. The motion carried
by a 6 -1 roll call vote; Puccinelli voting nay.
ORDINANCE NO. 2002 -55, AN ORDINANCE fixing and levying the amount of ad
valorem taxes necessary to balance estimated revenue with estimated expenditures
for the 2003 Budget for the City of Yakima.
7. PUBLIC HEARING ON THE 2003 COMMUNITY DEVELOPMENT BLOCK
GRANT ANNUAL ACTION PLAN (SEE RESOLUTION)
BiII Cook, Director of Community and Economic Development, gave a report on the
Action Plan. He explained that as a result of past comments of paying too many grant
dollars on housing programs, the proposed amount for 2003 is just 8% for housing,
down from 41% in 1997. He emphasized how important ClientLogic was, sending a
strong message throughout the state that Yakima is both creative and committed to
bringing jobs into the community. He highlighted the diversification planned in this
Action Plan.
Bill Cobabe, Neighborhood Development Services Manager, said the proposed block
grant program is an attempt to maintain a balance by funding a number of different
services. He spoke about each of the proposed expenditures:
Community Service $100,000
Sidewalk 17,000
Blight Prevention /Cleanup 15,000
Paint • 15,000
Economic Development 33,147
Public Facilities 10,000
Infrastructure 17,000
Graffiti Abatement 10,000
Single Family Rehabilitation 12,000
Elderly /Disabled Rehabilitation 85,000
Lead -Based Paint Abatement 20,000
Rehabilitation Relocation 5,000
Mr. Cook referred to pages 21 and 22 in the plan, explaining that it would take a .
minimum of $852,661 to keep the program running leaving $673,539 that could be
redirected by Council. What would go away if that amount was redirected would be
those programs listed above as well as the following:
•
Grants Writer (90 %) - $56,753
Senior Program Supervisor 61,281
Housing Accounting Specialist 45,905
Housing Loan Spec (75 %) 38,498
Neighborhood Dev. Spec. 11 61,653
Community Dev. Spec. 58,786
Code Enforcement Hotline Tech (64 %) 26,917
Dir of CED (12 %) 13,835
CED Office Admin (12 %) 7,297
Dept. Assist. I Temp (33 %) 8,171
4
174
NOVEMBER 5, 2002
Council Member Buchanan said the irrigation program being considered by the
Council is going to cost the taxpayers a lot of money. He also commented that he felt
the grants writer should be paid by the projects he brings money in for, not out of the
block grant funds. Mr. Cook advised that salaries are not an eligible item in most of
the grants, therefore, that couldn't be done. Mr. Cook clarified another factor; if federal
dollars are used for infrastructure or any other program in the City where there is a
special assessment, the low and moderate income families are not required to pay that
assessment. The City would be required to pay that for them out of these dollars.
Council Member Puccinelli pointed out that since this is an annual appropriation with
no guarantees from year to year, the money could not be used for debt service
payments. Council Member Buchanan asserted that the $600,000 previously spent
on rebuilding the irrigation would be abandoned if we don't continue with rebuilding.
City Manager Zais advised that if the court accepts the pending settlement on
Acquavella, the City would be obligated to make a decision with respect to the
irrigation system and accomplish it within ten years. He then went on to explain how
the funding would work if the $673,538 was used toward rebuilding the system.
Ultimately there would have to be a revenue bond issued on the ratepayers of the
utility to get to the total amount of money needed. This revenue bond would be against
the entire irrigation utility, 11,000 customers.
• Mayor Place opened the public hearing
Frank Beard, 1111 South 29 Avenue, said he felt it was unfair to pay for irrigation
water he doesn't get.
Bob Mason, 612 North 2 Street, declared the City should have fixed this system
many years ago. He was advised by the City Manager that until state law was
changed in 1997, the City could not legally charge for capital system repairs.
Jay LaCoursiere from JAL Construction, 312 South Holly Drive, said he has done
a significant number of projects for ONDS and each segment of construction has a use
in revitalizing neighborhoods. He suggested the lid that has been established on the
projects should be re- evaluated. He recommended the Council members drive by
some of these projects to see the positive impact they have had on the neighborhoods.
Henry Beauchamp, OIC, said that with regard to the issue of the block grant versus
the irrigation system, he is well aware of the burden of these decisions. He asked
Council to consider the wisdom of going into the irrigation project at a time like this and
the debt that would have to be encumbered on the city and the citizens. He reinforced
the concern that CBDG funds are not something that could be relied on to continue
and referred to the days of federal revenue sharing funding, which are no more. He
spoke about how these funds wouldn't be enough to accomplish the irrigation project
and yet it would takeaway a lot of valuable services from the community. He
encouraged Council to delay the irrigation project for a few years.
Rosemary Small, 1006 South 25 Avenue, spoke about water being a precious
priority. She read a letter from her husband, Phil Small, who was the co -chair of the
irrigation committee. The letter reminded the City that the Irrigation Committee
recommended rebuilding the system and that the City passed Ordinance 97 -63
5
17 5
NOVEMBER 5, 2002
creating a capital improvement fund to be used for local match or seed money to fund
the rebuild. Although the projected costs have changed, they feel it still makes more
sense to rebuild rather than converting to domestic. She said the key is to use federal
community block grant funds for the irrigation rebuild and how that makes more sense
than how the money has been used in the past.
Melinda Barrett, 3311 West Yakima Avenue, Executive Director of the YWCA,
described what the grant money has done for their organization. She said, although
she understands the irrigation issue, the reality is these funds are serving people who
don't have a lawn or even a home. They are able to help individuals have an improved
quality of life way beyond watering the lawn.
Debbie Brisky, 1305 South 7th Avenue, said they have well water for irrigation and
currently do not pay for irrigation. She said it would not be fair if she had to pay for it
and not have it. She asked why some of the grant money couldn't be used toward
irrigation instead of having to pass it on to the citizens.
Alice Creighton, 212 North 8 Street, said if we were to put this project on hold for
the next three years and not do anything, the amount it takes to repair it will continue
to grow.
Bob Firman, 4908 Castleview Drive, understands we have a real problem with
infrastructure and also with human needs. But feels that if we don't get going and do
something about this irrigation system we will lose the window of opportunity. He
thinks we are going to have to access some of the block grant funds for the irrigation.
Lynne Kittelson, 305 North 9 Street, said she is making a request again for money
for neighborhood organization development. She said the neighborhood has very little
to say about how or where CDBG funds are used. She then expressed her frustration
at what she thought was a lack of notification of the public meetings for this subject.
She has since learned that the previous meeting was put in the Public Notices of the
Herald Republic. She questioned, "who reads that?" She said she doesn't and she
assumed no one else does either. She then spoke of CDBG funds that were spent
several years ago creating two plans; the Northeast Neighborhood Plan and the
Southeast Neighborhood Plan and urged Council to formally adopt the Plans. She
intimated that the Council doesn't seem to want a strong neighborhood group to
advocate anything. She referred to how long the irrigation problem has not been
addressed and the constant escalation of costs to fix it. She accused Council of not
making hard decisions, e.g. irrigation. Ms. Kittelson went on to describe various
projects she is not happy with. She had questions regarding the Action Plan such as
breakdowns of what went into projects, an exhibit she didn't understand, and various
rationales that were used in other areas of the report. She then distributed copies of
letters she had previously written to Council.
Maud Scott, Southeast Yakima, criticized the Council for having done nothing on the
irrigation issue. She read a letter from Betty Gaudette into the record. The letter
referred to the need for irrigation for dust abatement in relation to health issues; asked
about the process for CDBG hearings, and said she would like to know when the use
of funds to benefit the largest number of residents in the target area for health and
safety of those residents was no longer criteria for the use of the funds. Ms. Scott
went on to criticize the survey that was in the document. She also expressed
6
176
NOVEMBER 5, 2002
displeasure at the legal notice in the paper for the public hearing. She reviewed the
Action Plan document in detail and demanded answers to the many specific questions
she asked.
• The Public Hearing is continued
Due to the time constraints of the scheduled Executive Session, Mayor Place
continued the public hearing to the next Council meeting, November 26, 2002.
• Agenda modifications
Items Nos. 8, 9, and 15 were moved to the next Council meeting.
CITY MANAGER'S REPORTS
8. REPORT AND RECOMMENDATION FROM CAPITAL IMPROVEMENTS FACILITIES
COMMITTEE REGARDING UNPAVED STREETS.
This item was moved to November 26, 2002 Council Meeting.
9. CONSIDERATION OF RESOLUTION AUTHORIZING DELEGATION OF AUTHORITY
TO CITY MANAGER TO SETTLE CERTAIN CLAIMS
This item was moved to November 26, 2002 Council Meeting.
10. CONSIDERATION OF RESOLUTION AUTHORIZING QUIT CLAIM DEED OF LARSON
PARK PROPERTY TO YAKIMA VALLEY COMMUNITY COLLEGE
This item was removed from the agenda.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH YAKIMA COUNTY SUBSTANCE ABUSE COALITION FOR THE CONTINUED
OPERATION OF THE SOUTHEAST COMMUNITY CENTER
RESOLUTION NO. R- 2002 -137, A RESOLUTION authorizing the City Manager and the
City Clerk of the City of Yakima to continue an Operating Agreement with Yakima County
Substance Abuse Coalition, Inc. for the purpose of operating the Southeast Yakima
Community Center.
*12. APPROVAL OF YAKIMA AIR TERMINAL 2002 BUDGET AMENDMENT NO. 1 AND
2003 BUDGET
The Yakima Air Terminal 2002 Budget Amendment No. 1 and 2003 Budget were
approved.
177
NOVEMBER 5, 2002
*13. RESCHEDULE DATE OF PUBLIC HEARING ON THE 2003 BUDGET TO
NOVEMBER 26, 2002
The public hearing on the proposed 2003 budget was rescheduled to November 26, 2002
from November 19, 2002.
*14. SET DATE OF CLOSED RECORD PUBLIC HEARINGS FOR NOVEMBER 26, 2002
FOR:
A. MEMORIAL HOSPITAL REZONE AND MASTER APPLICATION FOR PROPERTY
LOCATED IN THE VICINITY OF 30 AVENUE NORTH OF TIETON DRIVE
November 26, 2002 was set as the date of closed record public hearing to consider
the Hearing Examiner's recommendation on the Memorial Hospital Rezone Master
Application for property located in the vicinity of South 30 Avenue, north of Tieton
Drive.
B. REZONE OF PROPERTY LOCATED AT 2018 E. VIOLA, REQUESTED BY JIM
AND ALICE KLEIN
November 26, 2002 was set as the date of closed record public hearing to consider
the Hearing Examiner's recommendation on the rezone of property at 2018 East
Viola requested by Jim and Alice Klein.
ORDINANCES
15. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE
REGARDING PARKING AND RULES OF THE ROAD:
A. ESTABLISHING A ONE -HOUR PARKING ZONE ON BOTH SIDES OF THE
500 BLOCK OF SOUTH 1 STREET
B. ESTABLISHING A TWO -HOUR PARKING ZONE ON THE NORTH SIDE OF
EAST YAKIMA AVENUE FROM 7 STREET WEST TO THE ALLEY
This item was moved to November 26, 2002 Council Meeting.
CLOSED RECORD PUBLIC HEARING
16. CLOSED RECORD PUBLIC HEARING TO CONSIDER HEARING EXAMINER'S
RECOMMENDATION RELATING TO SUMMITVIEW VINEYARDS PRELIMINARY
PLAT IN THE VICINITY OF 218 NORTH 32 AVENUE REQUESTED BY JIM
FICKEL
Bruce Benson, Senior Planner, explained the preliminary plat consists of seventeen
lots, twelve are on properties zoned as R -2 and five are located within the R -1 district.
In addition to the preliminary plat, this application also petitions for the vacation of
unbuilt portions of North 33 Avenue, and requests Class 2 approval for placement of
duplexes in the R -1 zoning district. It also requests an administrative adjustment to
reduce the rear yard set back standard of the R -1 zone from 20 feet to 15 feet. During
the open record hearing the most discussed issue was the placement of the duplexes
8
178
NOVEMBER 5, 2002
within the R -1 zoning district. The applicant verbally withdrew his request for the rear
yard setback adjustment. However, even with that concession at the conclusion of the
hearing there was not a consensus of thought. On October 3 the Hearing Examiner
issued a recommendation for approval of the preliminary plat and right -of -way
vacation. The duplexes were to be permitted with a proviso that dwelling unit density
would be restricted to seven units per acre as permitted in the R -1 zone. He confirmed
that the Planning Division supports the Hearing Examiner's recommendation.
All Council Members declared no ex parte contact.
• Mayor Place opened the public hearing
Council Member Buchanan advised that Steve Sutliff had been at the meeting and
wanted to give his support but had to leave.
Bill Hordan, 410 North 2nd Street, referred to a map showing the boundaries of the
project. He said they would like to change one word on the last page, condition #15 of
the Hearing Examiner's recommendation. After a convoluted explanation to support
their request, he declared that they would like to change "...seven residential units per
acre" to "...ten residential units per acre ". He discussed the difference between the
Comprehensive Plan and the zoning ordinance noting that the zoning ordinance allows
for exceptions and should take precedence over the Comprehensive Plan. He said the
project meets all compatibility standards as spelled out by table 4 -1 and exceeds
standards on the site screening.
Ken Harper, 807 North 39 Avenue, outside counsel to the City, concurred that the
zoning code comment of "up to seven" with the footnote that you can go beyond seven
is what the Council should use in their determination.
Mr. Hordan suggested that if the Council couldn't agree to a density of ten would they
be willing to increase the density to eight.
Jim Fickel, 308 North 32 Avenue, gave his support for the development admitting it
was his property. He wanted to emphasize that they have spoken with all the owners
and at the hearing they conceded the 20 feet rear setback. He said they also had
conceded to single -story buildings and that satisfied the homeowners.
Council Member Mattson expressed concern about the density issue. He said his
interpretation of the Hearing Examiner's recommendation is that if they allowed it to be
increased to a density of ten, it amounts to a rezone without the benefit of legislative
review. Therefore, he is inclined to go with the existing recommendation.
• Mayor Place closed the public hearing
MATTSON MOVED AND SIMS SECONDED TO ACCEPT THE HEARING
EXAMINER'S RECOMMENDATION.
PUCCINELLI MOVED AND BARNETT SECONDED TO AMEND THE MOTION TO
ALLOW EIGHT RESIDENCES PER ACRE. The amended motion failed by 4 -3 roll
call vote; George, Mattson, Sims, and Buchanan voting nay. The question was
called on the original motion; the motion carried by unanimous roll call vote.
9
179
NOVEMBER 5, 2002
17. OTHER BUSINESS
• Information Items
Items of information provided to Council were: Agenda for the November 4, 2002 City
Charter Civil Service and Police & Fire Civil Service Commissions; Agenda for the
,November 7, 2002 Public Facilities District & Center Expansion Committee; Agenda for the
November 7, 2002 Yakima Downtown Association meeting and minutes of its October 3,
2002 meeting; September 2002 Month -end reports for the Visitors & Convention Bureau
and the Yakima Convention Center; Planning Division Assignments Pending Report as of
November 5, 2002; September 2002 Yakima County Labor Economy; Yakima Area
Stormwater Management Plan — Investigating a Regional Consolidated Approach to
NPDES Compliance report from Integrated Utilities Group and Otak; Fall, 2002;
October /November 2002 Yakima Valley Visitor newsletter: and Newspaper articles:
October 30, 2002 Seattle Post - Intelligencer, "Initiative 790 is Unreasonable "; October 18,
2002 Seattle Post - Intelligencer, "State Far From Reaching Goals of Clean Water Act ";
October 22, 2002 Seattle Post - Intelligencer,. "Civilian Officers Face Cuts "; and October 15,
2002 Seattle Post - Intelligencer, "Sims' Ax Targets Human Services, Parks"
18. EXECUTIVE SESSION REGARDING PENDING LITIGATION (ALLOW APPROXIMATELY
1 HOUR)
BUCHANAN MOVED AND MATTSON SECONDED TO MOVE INTO EXECUTIVE
SESSION FOR APPROXIMATELY ONE HOUR FOR THE PURPOSE OF
DISCUSSING PENDING LITIGATION. The motion carried by unanimous voice vote.
The Council moved into executive session at 5:17 p.m. to be reconvened immediately
thereafter.
19. OTHER BUSINESS - CONTINUED
Immediately following the conclusion of the executive session, the meeting reconvened
at 6:08 p.m. Council members present were Mayor Mary Place, Clarence Barnett, Paul
George, Larry Mattson, and Bernard Sims.
Following a brief explanation by Council Member Mattson, SIMS MOVED AND
GEORGE SECONDED TO SEND COUNCIL MEMBER LARRY MATTSON TO THE
SALMON RECOVERY PLANNING MEETING. The motion carried by unanimous voice
vote; Buchanan and Puccinelli absent.
10
180
NOVEMBER 5, 2002
20. ADJOURNMENT TO BUDGET REVIEW SESSIONS ON NOVEMBER 12, 2002 AT
8:30 A.M., THEN TO NOVEMBER 19, 2002 AT 8:30 A.M., AND THEN TO
NOVEMBER 26, 2002 AT 8:30 A.M.
GEORGE MOVED AND SIMS SECONDED TO ADJOURN THE MEETING AT
6:13 P.M. TO BUDGET REVIEW SESSIONS ON NOVEMBER 12, 2002, THEN TO
NOVEMBER 19, 2002, AND THEN TO NOVEMBER 26, 2002, ALL MEETINGS .
BEGINNING AT 8:30 A.M. The motion carried by unanimous voice vote; Buchanan
and Puccinelli absent.
READ AND CERTIFIED ACCURATE BY. / _ � _ - I , � � � _ % % l 4 z-
C•UNCIL MEMBE' 1 .- 1 DATE
--(7 �� s'`' 1 - a
CO CIL MEMBER DATE
ATTEST:
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
1
11