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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