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HomeMy WebLinkAbout11/26/2002 Business Meeting 195 • CITY OF YAKIMA CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL NOVEMBER 26, 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 (IF APPLICABLE)/ SPECIAL RECOGNITION There were no proclamations. B. SPECIAL RECOGNITION OF TRANSIT EMPLOYEE DAVE SCHMOE Ken Mehin, Yakima Transit Manager, introduced Dave Schmoe, a City transit driver who recently won the Para Transit Bus Rodeo. This was Dave's second year in a row to win this award. C. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS (IF APPLICABLE) There were no follow -up reports. 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 added with an authorization level up to $100,000. Items Nos. 13, 14, and 16 were removed from the Consent Agenda. The City Clerk read the amended 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.) 196. NOVEMBER 26, 2002 *A. APPROVAL OF MINUTES OF THE OCTOBER 29 AND NOVEMBER 5, 2002 BUSINESS MEETINGS AND NOVEMBER 12, 2002 ADJOURNED MEETING /BUDGET REVIEW The minutes of the October 29 and November 5, 2002 Adjourned and Business meetings and November 12, 2002 Adjourned Meeting /Budget Review 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 9th Street, brought to Council's attention the amount of truck traffic on the residential street where she lives. She said that she had been advised that, as a rule of thumb, one truck equals 100 passenger cars with relation to wear on streets. She said these trucks are also running over the curbs. She had • several suggestions; to block the whole lane off and not allow them to turn onto 9th Street from the freeway exit, or to go up to 8 Street. She requested a response on this issue soon. Richard Andring, 203 South 8 Avenue, referred to a previous time he spoke to Council about the sidewalk at Holton Avenue and the problem of shrubbery across it forcing pedestrians into the roadway. Mayor Place advised there had been a report from staff and it was determined there is no sidewalk under that shrubbery. He commented that one needs to be put in there so the people can get up to the pharmacy. He also commented that City staff hadn't gotten back to him previously as promised. He then raised the issue of property at 406 Stewart Avenue. He discussed in detail the footage of the buildings, the easements, and the property lines. He submitted a map and other information to Council for their review. He expressed - frustration with his dealings with the Planning Staff but complimented the support he had received from the Clerk's office. He spoke about the fencing being a code violation. Council Member Sims said he had spoken with Mr. Andring about this situation and there is confusion about what has happened. He asked staff to report back to Council regarding all the steps that were taken in order to allow the house on this property. Apparently Mr. Andring had wanted to develop this property earlier and had difficulty getting the help he needed. The staff report is required for the December 17 meeting. PUBLIC HEARINGS 6. PUBLIC HEARING ON THE 2003 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN (CONTINUED FROM 11/5/02 - SEE RESOLUTION) Rosemary Small, 1006 South 25 Avenue, spoke against using 50% of the funding towards salaries and having the funds serve only a small number of families. She said that since the 308 irrigation system serves a larger need it makes more sense to use the majority of CBDG money to assist in repairs. She then commented that the meeting in July happened with very short notice using a legal ad in the paper for notification. She said the HUD website indicated that would not be adequate notice. Dave Dion, 7817 Lauren Place, said he felt these funds can have a greater impact on the City than irrigation systems. He spoke of the Family Outreach Program and how it has benefited over 1,200 children over a three -year period. He is sure that over 200 2 197 NOVEMBER 26, 2002 families are together today because of this program. He supported using this money for people purposes rather than infrastructure. Bev Luby Bartz, 114 North 7 Street, requested some of the block grant money go to the Sunfair Parade. Terry Rasberry, Executive Director of the YMCA, supported Dave Dion's remarks. He echoed Mr. Dion's request that Council consider reserving some of the CBDG money for the Family Outreach Program. Bob Alexander, Director of Youth Services for EPIC, a private non - profit organization for at -risk youth as well as Head Start services and Early Childhood, said they received $50,000 in block grant funds in 1999 and were able to leverage over $2 million in grants. He described Phase 11 of EPIC and explained that his intent was to use this information as an example of how those monies can be leveraged to do many things for the good of the community. Luz Gutierrez, 1424 South 31 Avenue, emphasized that Block Grant Funds are very important in any community, and the primary purpose is to serve low -end and moderate- income people. She noted that there needs to be a process and adequate notice to people that live in these neighborhoods about these dollars. She expressed concern about the notification that has been given. She noted that, previously, they have been able to leverage $300,000 in other funds and expects they can again if they were able to receive $100,000 from CBDG. Alice Creighton, 212 North 8 Street, read a letter with names of neighbors in support of requesting the CDBG funds, in whole or in part, help rebuild the 308 irrigation system. The names she requested be entered into the minutes were; Dennis E. Hunt, 904 N. Naches Avenue; Irma Jane Simonson, 204 S. 7 Street; Larry J. Ratts, 902 N. 6 Street; Mary Bischoff, 504 E. Lincoln Avenue; Gail Devlin, 824 N. 6 Street. Lynne Kittelson, 305 North 9 Street, described research she did with regard to the ad on the public hearing on this subject. She found them in the public notices on July 17, 2002 and July 21, 2002 advising that the public hearing would be held July 24' 2002. She commented that because she has been to every hearing, every year, and has signed in at those meetings that she expected to have been put on a mailing list to receive notification. Robert Owen, 614 North 3 Street, referred to the Yard -of- the -Month program noting that on the east side there is no irrigation so they can't have nice yards. Buddy Cluck, on behalf of Habitat for Humanity, thanked the Council and ONDS for the implementation of the block grants over the years. He spoke about what has been accomplished with these funds, adding $4 million worth of value to the local property tax role. Phil Pleasant, 1202 Fair Avenue, spoke about his attempts to get the City Council involved with becoming a hub zone and obtaining funds from the Hanford project and the need for economic development in his southeast neighborhood. 3 198 NOVEMBER 26, 2002 Hazel Leland, 5002 Richey Road, advised those interested in installing an irrigation system what costs she is paying for city water. She urged Council to develop a reduced rate for irrigating with city water. Maud Scott, South East Yakima, delivered a letter from a neighbor that stated he was the father of ten children who depend upon a garden but were unable to put in a garden anymore due to the low water pressure. She said he too was asking that this money be used for the irrigation system. She claimed that her issue is not about taking money from the non - profit social programs but about spending money to help the bulk of the population. • Mayor Place closed the public hearing. Council Member Buchanan asked if Council was going to do anything about the the people who have requested money go towards irrigation. Council Member Puccinelli countered with a map that showed the size of the CBDG target area in which there are 44,007 people. He then pointed out the 308 irrigation area saying it represents approximately 15,000 people. He addressed the items that would be cut if CBDG funds were directed to the irrigation system. He claimed the whole system has to be redone and that putting money into the 308 system today would be pouring money down the drain. He alluded to the potential that irrigation water may have to be drinkable water in the future and that would definitely require a new water plant. Mayor Place noted that there will be a study session and a public hearing on the irrigation issue in the future. Council Member Buchanan claimed that a study session has already been held on this subject and that a citizen's committee has submitted a report to the City Council. He refuted the requirement for potable irrigation water. He reacted to the comment about pouring money down the drain stating that the people who live in this area have been paying money into rebuilding this system and it hasn't happened. He also refuted the claim about paying the grant writer out of these funds stating his salary should be coming out of other funds. The City Clerk read the resolution by title only; GEORGE MOVED AND MATTSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 6 -1 roll call vote, Buchanan voting nay. RESOLUTION NO. R- 2002 -139, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to submit an Annual Action Plan to the United States Department of Housing and Urban Development in compliance with the Five Year Strategy of the Consolidated Plan developed in 1999. • 7. PUBLIC HEARING ON THE PROPOSED 2003 BUDGET City Manager Zais advised that the City is currently engaged in the budget review process. This hearing is to consider public testimony on any portion of the budget, including policy issues. • Mayor Place opened the public hearing. Library - Monica Weyhe, Director, distributed a document showing statistics for the libraries noting that usage has increased over the last year at all locations. She then explained their budget request and described plans for the next year. 4 1 9 . NOVEMBER 26, 2002 RSVP - Deborah Wilson, Director, distributed an impressive list of services provided by this organization. Substance Abuse Coalition — Steve MagaIlan, Executive Director, shared a number of successes they had experienced over the 2001 -2002 year. He explained they supply these services using two full time staff and support from twelve Americorp volunteers, plus the City of Yakima contribution. He pointed out that it costs $165,000 each year to operate the Gang Prevention /Intervention program Horizon — Executive Director, Tom Galke, and student, Jerry Dills, presented the Horizon budget. Mr. Galke explained that Horizon is located in Sunnyside with an office in Yakima. It is a non — profit organization serving people with disabilities. He described the services they provide. Bev Luby Bartz, 114 North 7 Street, again spoke in support of the Sunfair Parade requesting the City budget $1,000. New Vision - Dave McFadden, President, spoke about their activities in 2002 and their plans for 2003. They will continue to promote the "renewal community" status to Puget Sound businesses. Robert Owen, 614 North 3rd Street, proposed the following cuts in the City's operation: Cut bus #8, reduce staff at the Finance counter, eliminate two detective positions, and potentially cut out assistants, e.g. the Assistant City Manager. 4 of July Committee - Shane Pierone, committee chair, spoke about the 2002 celebration and their plans for 2003. • Allied Arts — Elizabeth Harris Miller, Director, distributed data on services supplied this year. She spoke of how they used this funding to leverage other funds to make • the program work. She encouraged Council to sustain the funding at the current level. Sunfair Festival Parade - Bob Reed spoke in favor of continuing the support of the parade, especially now that we want to promote the City of Yakima. • Mayor Place closed the public hearing. 8. PUBLIC HEARING ON TRANSFER OF PROPERTY BETWEEN THE CITY AND YAKIMA VALLEY COMMUNITY COLLEGE (SEE RESOLUTION) Glenn Rice, Assistant City Manager, gave an overview of the proposal to transfer property between the City of Yakima and Yakima Valley Community College (YVCC). YVCC purchased a portion of Larson Park in 1999 to build a higher education center. At that time, the City retained the three remaining ball fields; Dunbar Field, Field 3, and Field 4. The original plan was to hang on to these three fields until there was an opportunity to have equal or better fields somewhere else in the community. Mr. Rice reviewed what happened with the coalition of service clubs who pooled their resources with grants for the Big League Dreams proposal. Although that didn't pass, the service clubs donated the property that was part of that proposal. As a part of the sale of the Larson Park property to the college, the tennis courts were to be replaced at Kissel) Park. That has been done and they will be available for next season. In addition, 5 20 0. NOVEMBER 26, 2002 funds from the property sale were to provide for one ball field to be placed at Kiwanis Park. This last fall our 14 district legislators, lead by Senator Deccio, approached the Legislature seeking funds to continue this process and found an opportunity for funds through a Jobs bill. Mr. Rice referred to the passive park area and how it will stay as a neighborhood park. He discussed the Title 9 issue. If Dunbar Field is improved, it allows the college to meet theTitle 9 requirement. Mr. Rice then reviewed the financial considerations summarizing that the net effect is we have new fields to replace those that are lost. He said it is staff's recommendation to honor the commitment that we started this process with and transfer these fields. Council Member Mattson asked why the public hadn't been involved prior to today and Mr. Rice explained that it started with the Title 9 question and then became a timing issue of funding availability. Council Member Barnett received clarification that Dunbar Field would be available for use through the 2003 season and if this issue got resolved, the new fields could be completed and available for the 2004 season. City Manager Zais clarified the money situation saying it is different than the original purchase arrangement because at that time we were actually paid those dollars in • advance of the transaction going forward on the development of property. There was actually a transfer of dollars from the state. This is different than the Jobs bill which is a reimbursement. Once we complete this transaction as well as initiate the contracts we will then be entitled to reimbursement from the state. He explained that although Senator Deccio brought us a check it can not be cashed until the process is done. We must qualify for the Jobs bill first. He also clarified that there was a condition placed on that money, that it had to be obligated within a year of its appropriation by the state. Council took a brief break at 4:00 p.m. and reconvened at 4:15 p.m. • Mayor Place opened the public hearing. Senator Alex Deccio, gave a brief review of his participation in the funding of a higher' education center at Yakima Valley Community College. In the beginning it was determined that building a higher education center would require buying all the property bordered by 16 Avenue and Nob Hill Boulevard. He pointed out that the Parks Commission held three public hearings at the college on the subject. He then gave the purchase details; $970,000 for the first part of the project, and an additional $1,530,000 to replace the ball fields and tennis courts. The $1,250,00 he obtained through the legislature last year was an appropriation to further purchase land. He explained that to get the $1,250,000, it must go under the Job Implementation bill. But, unless this money is credited to the college for the purchase of the property then he, in good faith, would have to stop the project. Ron King, 320 Stanley Boulevard, related how Yakima was once a softball tournament town. He said if the City was going to sell these facilities they should sell Dunbar Field too and then build three more at Kiwanis. He thinks we should make the new ball fields something of which the City can be proud. Ted Jensen, 624 Voltaire Avenue, commented that testifying at this public hearing seemed futile after listening to Senator Deccio, because if you don't do it you will lose all this money. He said he hates to see the property go to the college but that he thinks the die is already cast. 6 20 NOVEMBER 26, 2002 Sam Karr, 5204 Cascade Drive, suggested the higher education center look into four - story buildings to minimize their space needs. He also said he would like to see both Field 3 and Dunbar field remain where they are. Bill Lover, 2507 West Yakima Avenue, said that the YVCC Title 9 problem doesn't make sense to him as Title 9 relates to discrimination based on sex in the athletic area. He feels YVCC's gender gap is in enrollment and they already have.a gender oriented curriculum. He thinks the City should postpone this issue until YVCC has their Title 9 problems rectified. Jim Williamson, 4202 East Hillcrest Drive, has beenrthe president of the Yakima Softball Association since 1978. He credits all that is at the ballparks to volunteer labor or concession stand business. The Softball Association would like for the park to remain. He would like to see a covenant put in that states that fields 3 and 4 will be available for use until replacement fields are available. Bill Faller, 2207 Barge Street, spoke about a previous reciprocal agreement with YVCC that involved Larson Park and City Parks and Recreation. He said that sort of agreement should continue. He also spoke about the college needing to add varsity soccer for men and women and how he is afraid that won't happen if Larson Park is not available. When Parker Field went to the school district it went with the stipulation that it be used as a recreational facility. Then when it went to the college, that stipulation went along. Mr. Faller feels it is important for the City Council to honor that stipulation. He suggested the City go ahead with the transfer of Dunbar field, retain the original stipulation that it be used for recreational purposes, and if and when fields 3 and 4 go over to the College the same stipulation should apply. Tim Monohan, 203 South 70 Avenue, spoke on behalf of Central Washington's Sports Center which is still in the development stages. He said it would have room for about 32 fields and 50,000 square feet of indoor space. They have 170 acres committed to a sports type facility for the greater Yakima area. Bob Alexander, 3413 West Chestnut, commented that one of his concerns has to do with loss of public use of space, which is a quality -of -life issue. He said it is not just a matter of replacing softball fields, but replacing open green space. Council Member Sims clarified, at this point, that the park in the northeast corner, is not going to be eliminated. He wanted to be sure people did not have the perception that all of the park was going to go away. Eric Carlson, 617 South 58 Avenue, read and submitted a letter on behalf of Jim Scoggins, past sports editor at the Yakima Herald Republic. Mr. Scoggins' closing argument was that it is in the best interest of both the college and the City to sell Dunbar field to YVCC but it should be done with the proviso that it remain a softball field. Then when the City sells fields 3 and 4 that there also be a proviso to be used for "public park and amusement purposes only" as was the original intent of the Larson and Parker families. Mr. Carlson said that he also would like to see the green space left in the area that it is. Don Erickson, 410 South 47 Avenue, District Athletic Director for Yakima Public Schools, said it is a fact that the Yakima schools, Davis and Eisenhower in particular, do not have adequate softball facilities at their site and rely on a joint facility use agreement with the college. He went on to say that the Larson Park complex is substandard. He advised that they want to stay at Larson Park,until they have their 7 202 NOVEMBER 26, 2002 own facility. They are requesting a covenant allowing them to play on this field if it is transferred to the college. They would like a guarantee that they would have a place for hosting games and practices. They would also like a collaborative agreement with the Parks Department to assist in making these fields better. Nancy Kendrick, South 18 Avenue, addressed concerns about the college aggressively going after Larson Park. She emphasized that the community needs this park and doesn't want it destroyed. She asked why the college didn't acquire other adjacent property as it becomes available or build above the present buildings. Jim McClean, 1002 Hagar Place, said the main reason to not proceed with this property transfer was the kids, they need the ball fields. Paul McMurray, Assistant City Attorney, clarified the issue regarding the restricted covenant that was in place for this property. There are two releases that have been executed by Shirley and Darrell Parker; one in 1998 and one in 2000. He also advised that the proposed contract with the college and the state for transfer of the property provides that YVCC shall allow the City to reasonably utilize Dunbar field for parks and recreation purposes, i.e. softball. He understands the college and the state have agreed to that provision. Hazel Leland, 5002 Richey Road, spoke about the parking problems at the college and how they will increase. She suggested using the Yakima Mall or Wards Plaza as a school, combined with the Allied Arts program, to reduce the parking problem. Mike Nixon, Parks Commissioner, 100 North 60 Avenue, referred to a letter from the Parks Commission where they recommended that we enter into this property exchange with YVCC. They are seeking an opportunity to increase the college's ability to provide educational resources and to enhance the recreational resources in the city. He suggests going about this in a spirit of cooperation. They recognize we are giving up green space but we have also gained green space in Yakima; at Chesterley Park, at Kissell Park, and we will gain green space at Kiwanis. In response to the Mayor's questions about maintaining the parks, Mr. Nixon responded that he hopes the citizens would continue to support us as we may have to go to the voters for maintenance issues. Walt Ranta, 5 South 32 commented that it sounds like Title 9 is being used as a way to get the property. He expressed concern for the condition of the kids today and how we need to have the parks kept open. Linda Kaminsky, Yakima Valley Community College President, explained that last spring they received a Title 9 complaint about incomparability of Dunbar to Parker Field. The improvements made to Parker Field over the years have been wonderful, but they have set the standard higher for Dunbar Field. If the college owned Dunbar Field they would go to the state and ask for capital dollars for improvements. Without ownership, that is prohibited. They are caught in the middle, being required to improve it (in excess of $200,000) and not being able to go to their funding source to request the money. If Dunbar Field were transferred to the college, they would have that opportunity. They would improve the field and would share that improved field with the Yakima School District and other softball teams that want to use it, although Title 9 would require the college women to have priority. Dr. Kaminsky spoke about the unprecedented growth in the number of students served by the college and the need for expansion of the facility. They have submitted a project to replace Anthon Hall and 8 203 NOVEMBER 26, 2002 if it were to be funded in this legislative session, the money would be released July 1, 2003. They currently have no place to build the new building. It would be their plan to build it on Field #4. Because they understand that replacement fields will not be available until 2004, they would be willing to postpone using Field #4 until the 2003 t spnd pc houses in the sof ball neighborhood eason has as they ended. become She s available oke about for the future co parking tinue ur areas. She hasing of also addressed the desire to keep a minimum of 30% green space. In response to the comments regarding building up, she said their plans are for two -level level buildings but they cannot go above that because of the state did not accept the added costs. There was further discussion on the possibility of building three and four story buildings. Scott Wilson, 2410 South 66 Avenue, reviewed the financial statistics of the issue and concluded that by just selling one additional ball field to YVCC they could resolve their Title 9 compliance issue. The remainder of the money could be used for phase 1 at Kiwanis Park. He suggests the City leave the multipurpose field, or any two of the remaining fields, at Larson Park for the sole use of the neighborhoods. He questioned the covenant release on the field and commented that the transaction should have been in a hearing. He said the college has many other options and recommended they revisit one of their alternatives in the 1997 Master Plan. He was of the opinion that there currently is,no workable plan. He suggested there should be another • meeting open to the public so they can specifically address these issues and be allowed to speak for more than five minutes Denise Nichols, Parks and Recreation Manager, said they are planning to bring the master site plan for Kiwanis Park to the December 17 Council meeting. The Parks Commission will review it on December 8 Bill Fowler, 2207 Barge Street, supported Mr. Wilson's request to have this matter go to another public hearing. He also expressed his displeasure at being limited to five minutes to speak. Lynne Kittelson, 305 North 9t Street, said she just heard about a master plan for Kiwanis Park and was under the impression after the meeting at the Senior Center that the plan would also come back to the people who were there and participated in that session so they could review it. • Mayor Place closed the public hearing. It was decided that the decision regarding this item will be delayed until after the review of the Master Site Plan for Kiwanis Park expected on December 17 Questions that were raised that should be addressed at the meeting were: 1) When would ball fields be available at Kiwanis Park and what field would be used in the meantime; 2) How will the School District 's needs be handled; 3) the potential of getting a second appraisal. Council Member Mattson commented to all people watching that if they have some ideas for solution based on what they've heard today to please bring them forward. It appears right now that it's a dead heat between higher education versus urban area/green space. • 9 2O4 NOVEMBER 26, 2002 CITY MANAGER'S REPORTS • 9. SPECIAL BUDGET PRESENTATIONS: A. BUDGET PRESENTATION FROM YAKIMA VALLEY CONFERENCE OF GOVERNMENTS No one was available to speak to this budget. B. BUDGET PRESENTATION FROM DEPARTMENT OF EMERGENCY MANAGEMENT SERVICES James Hall, Director of Emergency Management, provided a copy of his preliminary budget. Mr. Hall said the budget is basically the same as 2002 and 2001. The assessment for the City of Yakima has grown to a little over $2,900 due to annexations and the increase in population reported by COG. He explained how they are doing what they can to reduce costs for EMS, such as a one -third reduction in staff, and no clerical support or technician up front.. The Sheriff's office is doing their billing and payroll for them for free. They are working with Homeland Security. Mr. Hall described their plans and the projects they are currently working on and discussed their potential move to a new office. *10. CONSIDERATION OF RESOLUTION AUTHORIZING DELEGATION OF AUTHORITY TO CITY MANAGER TO SETTLE CERTAIN CLAIMS (CONTINUED FROM 11/5/02) RESOLUTION NO. R- 2002 -140, A RESOLUTION authorizing the City Manager of the City of Yakima to resolve and settle any claims against the City in an amount of $10,000 or less, and to execute all documents necessary to the resolution or settlement of such claims. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CENTURY WEST FOR WATER/IRRIGATION DIVISION SAFETY AUDIT RESOLUTION NO. R- 2002 -141, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services agreement with Century West Engineering Corporation for the purpose of obtaining compliance, health and safety audit/assessment services regarding the City of Yakima water treatment plant located on the Naches River. *12. CONSIDERATION OF JOINT CITY /COUNTY RESOLUTION APPROVING YAKIMA AIR TERMINAL 2002 BUDGET AMENDMENT NO. 1 AND 2003 BUDGET RESOLUTION NO. R- 2002 -142, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY approving the Yakima Air Terminal — McAllister Field 2002 Budget Amendment No. 1 and approving the Yakima Air Terminal 2003 budget. 10 205 NOVEMBER 26, 2002 13. CONSIDERATION OF RESOLUTION AUTHORIZING THE REMOVAL AND REPLACEMENT OF TREES IN CITY RIGHT -OF -WAY AT 2318 SOUTH 1 STREET In response to Council Member Buchanan's question of what the replacement trees will be, Randy Murphy, Parks Superintendent and Arborist, said they have not yet determined what species to put back in. They agreed to meet in the spring and discuss alternatives. The City Clerk read the resolution by title only; SIMS MOVED AND GEORGE SECONDED TO ADOPT THE RESOLUTION. The motion carried by 6 -1 roll call vote, Buchanan voting nay. RESOLUTION NO. R- 2002 -143, A RESOLUTION authorizing the removal of six Oak trees located in the City right -of -way at 2318 South 1 Street, Yakima, Washington. 14. CONSIDERATION OF RESOLUTION AMENDING SECTION 108 LOAN APPLICATION AND APPROVAL OF THE SUBMISSION OF TWO LOAN APPLICATIONS Council Member Sims requested the resolution be revised to add, in parenthesis in the title, that the first loan package for $3,150,000 is being submitted. The final loan is not being approved at this time; that will be in February or March, but the application needs to be placed before HUD as soon as possible to ensure obtaining the money. The City Clerk read the revised resolution by title only; SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2002 -144, A RESOLUTION 1) To amend the policies of the Commercial Development Loan Fund to reduce the minimum loan amount from $250,00 to $100,000; and 2) Authorizing the City Manager to execute and submit an application for funding from the Section 108 Loan Guarantee Program of the United State Department of Housing and Urban Development (HUD) to capitalize the Commercial Development Loan Fund. (This application includes loan requests totaling $3,150,000 from two businesses, Trail Wagons, Inc. and Essencia Bakery & Chocolaterie, LLC, to be included in the Section 108 Loan Program application to HUD.) *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE HUMANE SOCIETY FOR 2003 RESOLUTION NO. R- 2002 -145, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Animal Control Agreement with the Humane Society of Central Washington. 16. CONSIDERATION OF RESOLUTION DECLARING POLICE CARGO TRAILER AS SURPLUS EQUIPMENT AND AUTHORIZING ITS SALE BY FORMAL SEALED BID Council Member Puccinelli asked whether this trailer could be used somewhere by the City. Acting Police Chief Willson explained that this was a drug seizure and by law can only be used in drug related enforcement. The City Clerk read the resolution by title only; BUCHANAN MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. 11 2.06 NOVEMBER 26, 2002 RESOLUTION NO. R- 2002 -146, A RESOLUTION declaring a seized cargo trailer surplus and authorizing the sale of said trailer owned by the City. *17. APPROVAL OF FINAL CONTRACT PAYMENT FOR INTERSECTION SIGNALIZATION - NORTH 40 AVENUE AND CASTLEVALE ROAD PROJECT NO. 1935 PERFORMED BY KNOBEL'S ELECTRIC (STANDARD MOTION V -B - ACCEPT PROJECT AND APPROVE FINAL PAYMENT) The report from the City Engineer, dated November 12, 2002, with respect to the completion of the work on the Intersection Signalization Project North 40 Avenue and Castlevale Road Project No. 1935, performed by Knobel's Electric, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. ORDINANCES 18. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING PARKING AND RULES OF THE ROAD (CONTINUED FROM 11/5/02): 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 During discussion of this item it was noted that this was requested by businesses in the area and would be enforced by the Parking Enforcement officer. The City Clerk read the ordinance by title only; PUCCINELLI MOVED AND GEORGE SECONDED TO PASS THE ORDINANCE. The motion carried by a 5 -2 roll call vote; Sims and Buchanan voting nay. ORDINANCE NO. 2002-56, AN ORDINANCE relating to traffic; creating and defining an area for one hour parking on certain streets, adding a new location for two hour parking, amending Section 9.50.070 and adding a new section, Section 9.50.077, all of the Yakima Municipal Code. *19. CONSIDERATION OF ORDINANCE APPROVING THE HEARING EXAMINER'S RECOMMENDATION RELATING TO SUMMITVIEW VINEYARDS PRELIMINARY PLAT IN THE VICINITY OF 218 NORTH 32 " AVENUE REQUESTED BY JIM FICKEL ORDINANCE NO. 2002 -57, AN ORDINANCE concerning land use regulation and planning, conditionally vacating an unbuilt portion of North 33rd Avenue, approving, with conditions, the preliminary plat of Summitview Vineyards, with Jim Fickel as applicant therein, and preserving the density limitation of not more than seven (7) dwelling units per net residential acre for the portion of said preliminary plat located within the R -2 zoning district. 12 207 NOVEMBER 26, 2002 CLOSED RECORD PUBLIC HEARING 20. CLOSED RECORD PUBLIC HEARING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION RELATING TO MEMORIAL HOSPITAL REZONE AND MASTER APPLICATION FOR PROPERTY LOCATED IN THE VICINITY OF 30 AVENUE NORTH OF TIETON Bruce Benson, Senior Planner, explained this hearing was concerning a master land use application submitted by Memorial Hospital for their most recent expansion. Within this application there are requests for rezone of a single lot, approximately 1/3 acre, from R -1 to R -3. There is Class 3 review for the expansion of the hospital into R -1 and R -3 zones. There were three administrative adjustments, one for the front and rear building set backs of the new medical building, a fence height adjustment to permit the hospital to retain their current fencing around the perimeter of the campus, and an adjustment of lot coverage to permit 80% lot coverage for the new parking areas. There was an open record public hearing held on October 10 The Hearing Examiner issued his written recommendation for approval on October 28th. Staff concurs with that and asks Council to accept the recommendation and direct the Legal Department to prepare the appropriate legislation. City Council members had no ex -parte contact to declare. • Mayor Place opened the public hearing. Dave Franklund with KDF Architecture representing Memorial Hospital, was available for questions. He stated that although Don Schussler, Attorney, had to leave due to a prior commitment, he would be available by phone. Council Member Mattson asked about the potential of Memorial building up instead of out in the future. Mr. Franklund explained that within their boundaries they still may be able to expand; therefore, the potential of expanding up is still in the future. The immediate concern is a parking problem at the front of the hospital and that may have to be addressed in the future by a second level. Paul Nagle - McNaughton, 211 South 24 Avenue, said that, although the neighborhood purchased their property knowing the hospital was there; they didn't anticipate the extent of growth there would be. With the hospital being one of the larger employers in the city and a service organization, they generate a huge amount of traffic. He advised that the neighbors had a number of issues related to this proposed expansion such as noise and light pollution, but their strongest concern is traffic. He said he got the impression that City staff wasn't very concerned about it. He then went on to explain in detail the impacts the increased traffic will have on the neighborhood. They would like a condition be attached to the rezone that the hospital will work with the City and the neighborhood association to develop a comprehensive traffic plan. Michael Aquilino, 401 South 32 Avenue, supported the idea of a need for a comprehensive plan for how to deal with the impact of the hospital expansion on the neighborhood. He said there were letters to this extent submitted to the Hearing Examiner and they are requesting it be a requirement of the rezone. / 13 2O8 NOVEMBER 26,,2002 Walt Ranta, 5 South 32 Avenue, also supported the need for a comprehensive plan. He suggested residents have something to hang on their car for parking purposes showing they belong there. He wanted to be sure neighbors were involved in any kind of study, requesting that notification be further than 500'. Lonnie Smart, 109 North 30 Avenue also spoke to the increased traffic the expansion will bring. He said he had presented a petition at the open public hearing asking for 30 Avenue to be closed. He discussed the expected number of cars in detail. Dr. Debra Gould, employed by Memorial and Providence as one of the faculty, spoke from her perspective noting that she comes from New York state. She said they had been dealing with many of these city- versus - suburban issues and emphasized it is important to look at the community as a whole. • Mayor Place closed the public hearing. Council members asked for legal advice as to how to attach conditions to the rezone. Ken Harper, legal counsel for the City, advised that this was processed with an MDNS that included a traffic analysis.and the issue of mitigating traffic has been established by the SEPA review and is not an issue that can be attached as a condition. He said that sometimes traffic is an element of compatibility and can be an element in determining whether a rezone is appropriate or not. He clarified that Council can accept or reject the Hearing Examiner's decision on the rezone recommendation but cannot attach a condition because of traffic. Council Member Buchanan suggested that one alternative would be to postpone the decision for a couple weeks and ask Memorial if they would like to close off 30 Avenue to resolve some of the problems. There was further discussion on the requirement for SEPA review. In the SEPA review, the MDNS required speed bumps on 30 Avenue and a chicane on 28 Avenue. A traffic signal would be required at Tieton Drive and 28 Avenue only if 30 Avenue was to be closed. Mr. Franklund assured Council that Memorial is committed to this neighborhood and is trying to work out a plan. PUCCINELLI MOVED AND GEORGE SECONDED TO ACCEPT THE HEARING EXAMINER'S REPORT AS SUBMITTED. SIMS MOVED AND PUCCINELLI SECONDED TO AMEND THE MOTION TO INCLUDE A STOPLIGHT AT 28 AVENUE AND TIETON DRIVE. Ken Harper expressed concern that the amendment may be construed as adding a condition and questioned Council's authority to impose a condition. Mr. Franklund didn't expect the hospital to have a problem with the amendment and it was pointed out they would have the right to appeal. The question was called for a vote on the amendment. The motion carried by a 6 -1 roll call vote; Mattson voting nay. Council Member Mattson explained his vote saying he thinks committing resources to a signal is premature. The question was called for a vote on the motion. The motion carried by unanimous roll call vote. Mayor Place asked Mr. Franklund to pass along to Memorial that both the Council and the neighborhood association are concerned about traffic in the neighborhood and future growth. 21. CLOSED RECORD PUBLIC HEARING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION RELATING TO REZONE OF PROPERTY LOCATED AT 2018 E. VIOLA, REQUESTED BY JIM AND ALICE KLEIN City Planner Benson advised that this hearing is for the rezone of single parcel of property. Through the last Comprehensive Plan process the property's designation was changed from moderate density residential to light industrial. When that change 14 • 209 NOVEMBER 26, 2002 was accomplished the applicants submitted their request for rezone. A public hearing was held on September 26 The Hearing Examiner approved the rezone request on October 18th. Staff concurs with the Hearing Examiner's recommendation. Council had no ex -parte contact to declare. • Mayor Place opened the public hearing. Alice Klein, 100 North 56 Avenue, #19, spoke in favor of the rezone. The intent is to use the property as a storage yard with no plans tobuild anything on the lot. • Mayor Place closed the public hearing. PUCCINELLI MOVED AND BUCHANAN SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous roll call vote. 22. OTHER BUSINESS > Paul George volunteered to attend salmon recovery /planning meetings on December 6 at the County Courthouse in Council Member Mattson's absence. • 23. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION Postponed for one week. 24. ADJOURNMENT GEORGE MOVED AND BUCHANAN SECONDED TO ADJOURN TO BUDGET REVIEW SESSION ON DECEMBER 3, 2002 AT 8:30 A.M. IN COUNCIL CHAMBERS. The motion carried by unanimous voice vote. The meeting adjourned at 7:20 p.m. READ AND CERTIFIED ACCURATE BY:./ ,7 / C NCIL MEMBER DATE � 3 / Ay/03- CO NCIL MEMB. ' DATE ATTEST: CITY CLERK MARY PLACE, MAYOR • Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 15