HomeMy WebLinkAbout12/17/2002 Business Meeting 234
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
DECEMBER 17, 2002 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. ROLL CALL
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Lynn Buchanan, Paul George, Larry Mattson, John Puccinelli, and
Bernard Sims
Staff: City Manager Zais, City Attorney Paolella, and City Clerk Roberts
2. INVOCATION /PLEDGE OF ALLEGIANCE
Council Member Puccinelli gave an Invocation, followed by the Pledge of Allegiance
led by Council Member Buchanan.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)/ SPECIAL RECOGNITION
B. 2003 NATIONAL LEAGUE OF CITIES CONGRESSIONAL CONFERENCE
(3/7
Mayor Place announced the meeting begins on March 7 in Washington D.C.
and requested confirmation on which Council members would be attending.
Because the agenda for the meetings was just distributed, Council Member
Barnett requested deferment of this subject until the end of the meeting.
C. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE
REQUESTS)
1) RICHARD ANDRING
Chris Waarvick, Public Works Director, referencing the matter of the sidewalk,
said they contacted the local business and advised them about potential
solutions. With regard to the non - conforming lot issue, Doug Maples, Code
Administration and Planning Manager, provided a status report regarding
property Mr. Andring previously owned at 404 and 406 Stewart Street. The
report was hand delivered to Mr. Andring by staff the day before. Mr. Maples
explained that these Tots were non - conforming, one was larger than the other.
Mr. Andring went before the Board of Equalization in 1998 and requested his
property taxes be reduced. They were reduced for the house located at 406
Stewart Street but the vacant property was not reduced. The non - conforming
portion was that the property was 4,500 square feet instead of 6,000, the
minimum lot size. He noted, however, that the non - conformance allows them to
build as long as.setbacks for residential property are met.
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2) LYNNE KITTELSON
Shelley Willson, Streets and Traffic Operations Manager, provided a report to
Council that had been supplied to Ms. Kittelson with regard to vehicles turning
right and going north on 9th Avenue. She said this issue has been discussed by
the Department of Transportation, the Chamber of Commerce, the Visitor's and
Convention Bureau, and staff. Although there hasn't been a detailed evaluation,
there are a few alternatives available and identified in the report. One of the
alternatives is Yakima County's conceptual plan to bring the bridge across
Yakima Avenue, another is the second phase of the Gateway project, and then
the possibility of relocation and dedication of the right- turn -only lane on 8 Street
and Yakima Avenue. In the report, staff briefly outlines the pros and cons of
each of these alternatives.
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. 1 8A was added to the agenda and to the Consent
Agenda. 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.)
Council Member Puccinelli requested Items Nos. 6 and 7 be discussed in
reverse order.
*A. APPROVAL OF MINUTES OF THE NOVEMBER 26, 2002 ADJOURNED
MEETING /BUDGET REVIEW AND BUSINESS MEETING
The minutes of the November 26, 2002 Adjourned /Budget Review and 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
A. APPEARANCE BY YAKIMA DOWNTOWN ASSOCIATION
REPRESENTATIVES REGARDING CITY PARKING LOT LEASED TO YAKIMA
COUNTY
Jar Arcand, Chairman of the Yakima Downtown Association, Craig Rath, 204
South 15 Avenue, and Ron Richter, 617 South 22 Avenue and president of the
Front Street Merchant's Association, were available to discuss the subject of the
parking lot leased to Yakima County. Mr. Arcand referred to a memorandum
submitted to Council requesting consideration of a friendly termination of the
lease for the parking lot that the City owns and leases to the County. The parking
lot is located just south of the Barrell House. These organizations would like to
develop it into the entertainment district of downtown. He requested Council
review the packet of information and said they would be back with a plan in the
near future.
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•
Robert Owen, 614 North 3 Street, said he found it interesting that his name had
come up during the budget hearings with regard to a letter he wrote to the
Yakima Herald suggesting some City staff should be elected. He wanted it made
known that he would not ask for a special election but that it should be on the
same ballot as the City Council election.
Jim Scoggins, 4603 Conestoga Boulevard, spoke to the issue of the search for
a police chief. He questioned why, once the number one selection was
eliminated, the City didn't think the other two were the right fit. His major point
was that although we have a multi- ethnic population in Yakima, he hoped the
City was not eliminating qualified people just because they were not a minority.
He said the citizens of Yakima deserve the most qualified candidate that can be
found, not a selection based on ethnicity.
CITY MANAGER'S REPORTS
6. CONSIDERATION OF RECOMMENDATION FROM PARKS AND RECREATION
COMMISSION REGARDING CONSTRUCTION OF NEW BALL FIELDS AT
KIWANIS PARK
Denise Nichols, Parks and Recreation Manager, referred to the master site plan for
Kiwanis Park developed by the architect and engineers. The primary goal is adult
softball for the community, local leagues and tournaments, and a girls' fast pitch
program. A portion of the park will also be developed for neighborhood use. Four
public meetings were held during the summer. The plan is for four new softball fields
with 300' fences, although one ball field fence length will be shorter to accommodate
parking. Ms. Nichols described some of the other options looked at such as a fifth
ball field and rotating the orientation. They also looked at parking for 300 cars and
adding a place for a skate park, however, have received comments that once the
money was raised it may be better served_on Fair Avenue. Upper Kiwanis is
designated for neighborhood use. They are a little concerned that they didn't have
enough neighborhood input about whether the fields be little league or soccer. The
plan shows two youth soccer fields in that area, but when the funding is available to
develop this upper site they will go back to the neighborhood and solicit input. The
plan has also included some basketball, volleyball, and additional parking. They
have added some picnic shelters, and other amenities needed to service a
tournament. She said the park will have to be phased due to the cost.
In answer to Council Member Barnett's question about when the ball fields at
Kiwanis Park would be available and what would be used in the interim, Mrs. Nichols
clarified that the timeline is for spring league of 2004. The college has agreed to
permit the use of Dunbar and other fields through 2003. She did point out, though,
that there will be a crunch if they fall behind schedule on this development. The
main problem is getting grass planted and established.
Mike Nixon, Parks & Recreation Committee Chair, said ultimately they will end up
with more space. Their recommendation is to develop Option 2 (two fields) at this
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time. He pointed to the two bottom fields explaining that there is an existing field that
enables them to develop two fields while continuing to use the existing field. This
option allows them to develop the infrastructure necessary as well. Discussion
continued and it was clarified that there would still be four fields available with this
option in order to conduct tournaments.
Robert Owen, 614 North 3 Street, expressed concern about having all the fields at
Kiwanis Park and suggested revising the entire plan and putting a field where Miller
Pool is currently located.
•
SIMS MOVED AND BUCHANAN SECONDED TO ACCEPT OPTION 2 AS
INCLUDED IN THE REPORT. The motion carried by unanimous voice vote.
7. CONSIDERATION OF RESOLUTION AUTHORIZING TRANSFER OF PROPERTY
BETWEEN THE CITY AND YAKIMA VALLEY COMMUNITY COLLEGE (CONTINUED
FROM 11/26/02)
Glenn Rice, Assistant City Manager, noted additional information that was
included in the Council packets; a letter from the Parks Commission, a letter to
Stephen Buxbaum of the State of Washington Department of Community, Trade
and Economic Development, from Senators Fairley and Zarelli that has to do with
legislative intent of the appropriation, and also a petition signed by several
people opposed to this proceeding. He advised that staff continues with the
same position as before.
Council Member Puccinelli asked for some history on this property with the intent
of clearing up misinformation. Mr. Rice explained that in the late 1990's there
was an opportunity created to offer a higher education center at Yakima Valley
Community College (YVCC). This was discussed through a series of public
meetings and hearings. A decision was made to transfer the property beneath
the twelve tennis courts located on 12 Avenue, remaining City -owned property
under the gymnasium, an unlit ball field, and access into the ball field for a
parking lot, to support the new higher education center. The City was paid a
proper appraised value and today the old tennis courts are replaced by twelve
new tennis courts at Kissell Park. He noted there was enough money retained,
after the tennis court replacement, to build one new replacement ball field with
appurtenances at Kiwanis Park. Service groups, i.e. Rotary, Kiwanis, and Lions
Clubs, also assembled properties at Kiwanis Park to develop new park amenities
including the ball fields lost at Larson Park. It came to the City's attention that
Title 9 was deficient at YVCC. In an attempt to help correct this issue, City
officials spoke with YVCC administration about the possibility of working with the
college on Dunbar field in order to provide for women's sports equal to men's. It
was also stated by YVCC officials that both Glenn and Anthon Halls were
deficient and needed to be replaced. President Kaminski inquired about the
purchase of Field 4 as part of the ongoing plan for the college. They met with
Senator Deccio and others about the possibility of property transfer. It was
Senator Deccio's position that credit was due from the Larson property
acquisition as part of the transfer to YVCC for Kiwanis Park expansion. The
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funds offered for the Kiwanis Park expansion ($1.25 million), compared to the
appraised value of the remaining two ball fields and Dunbar field at Larson Park
reflected a value within $130,000 of meeting the Larson Park appraisal. The
decision for Council's consideration is whether to transfer Dunbar and Field 4 to
the college to allow them to open the area up for additional YVCC buildings and
assist in satisfying the Title 9 issue.
Council Member Sims explained that this whole process started as a revision of the
Council's mission and vision statement over four years ago. Economic development
was top priority and higher education was part of that economic development. From
there they wanted to make a four -year college available in this community and asked
the Legislature to work on their behalf with the college to make it happen.
The issue of whether this property would be considered surplus property and what
those statutes require was discussed. It was clarified that it is not necessary to declare
this property surplus but, if it were, the City is still operating under the proper format.
Tim Carlson, Attorney, 4706 Douglas Drive, said he was asked by the College
Foundation Board to appear at this meeting to answer questions about the status of
title at Larson Park and describe what happened during that period of time. He said he
was approached to aid the Attorney General's Office in clearing the title on the college
property. He described the activities that led to the release of the family interest in
1998 so the college could expand. Mr. Carlson believes the ball fields are covered by
a quit claim deed held by the College Foundation Board who can act in Mr. Daryl
Parker's stead. Mr. Carlson inferred that, because of the title insurance on the
property, the title must have been satisfactorily cleared. Mr. Carlson reviewed in
detail, activities and conversations with Mr. Parker with regard to the release of the
reverter. He relayed that after his review, Mr. Parker had said that he believes it is in
the best interest of Yakima that his family allow the interest be released with regard to
this property so the college could expand. However, he said it should be done in
conjunction with some type of maintenance of a recreation facility on the property.
Later, when the proposed area was found inappropriate, Mr. Carlson re- approached
Mr. Parker to have another area released for the expansion. Mr. Parker was
concerned that the intent of the passive park remain subject to the reverter. At that
time there was a conveyance of the reverter, property interest by deed, to the College
Foundation Board.
During further discussion Council Member Puccinelli suggested that when the City quit
claims the property to the college it becomes the college's responsibility to utilize the
property appropriately and it would be the College Foundation's responsibility to
enforce the reverter.
John Nicholson, retired judge, 201 North 24 Avenue, said the whole problem lies in
the original gift from Rose B. Parker. He quoted a portion of the 1937 deed, "The
remainder of said described property is conveyed forever for use by said grantee (City
of Yakima) for public park and amusement purposes only". This initiated considerable
discussion. The major points were:
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• Mr. Parker was concerned with maintaining the passive park stating that if it
was ever moved, the name Larson Park should be given to the replacement
park.
• Mr. Parker relinquished all rights, title, and interests to the Foundation with
the exception of the passive park.
• The easiest way for the City to get out of the mess would be to quit claim
deed the property to the college.
Jim Scoggins, 4603 Conestoga Boulevard, said he believes Mr. Parker's purposes
are not being followed any longer and that if he were asked again he would not concur
in having additional buildings there.
Bill Faller, 2207 Barge Street, said that although he is an advocate of YVCC and their
programs, he urged Council to continue the original covenant on these fields.
John Nicholson suggested language for a quit claim deed to help resolve the issue.
That language, in part, was:
The Grantor, City of Yakima, for reasons and consideration it deems sufficient
and appropriate, hereby gives, grants, quit claims, and conveys, under State of
Washington State Board for Community and Technical Colleges, Yakima Valley
Community College, as Grantee, the following described real property situated in
Yakima, Yakima County, Washington, to wit:... (insert proper legal
description)... (which is generally known as Larson Park Field #4 and Dunbar
Field)... together with any and all of Grantor's right, title and interest'in and to any
buildings, improvements, appurtenances, and fixtures now located thereon,
without any representations or warranties whatever. Grantor hereby discloses
that this conveyance and the whole thereof is subject to the provisions governing
and restricting the use of the real property hereby conveyed, as set forth in that
certain Quit Claim Deed dated November 10, 1937, wherein Rose B. Larson,
widow of A. E. Larson, was Grantor and the City of Yakima was Grantee,
recorded under Auditor's File No. 793618 Volume 329 of Deeds, page 604,
records of Yakima County, which said conditions required the Grantee, City of
Yakima, by its acceptance of said Deed, forever to use this property for pubic
park and amusement purposes only; and the Grantee herein, by accepting this
deed and conveyance, acknowledges its understanding of the foregoing
disclosure by Grantor and its recognition of the existence of the use restrictions
disclosed.
He said the college, by acknowledging and acceptance, will have to do the same.
Scott Wilson, 2410 South 66 Avenue, suggested that Anthon Hall be torn down and
rebuilt in the same spot and recommended using the empty administration building in
the interim. His emphasis was that the new building would not have to go on Field #4.
Sam Karr, 5204 Cascade Drive, wants to see the new ball fields at Kiwanis Park but said
we need the current ones to stay where they are as well. He submitted over 200
signatures from people that want the ball fields to stay. He also questioned Dr. Kaminski's
statement that the State prohibits the school from building higher than two stories.
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Jim Scoggins, 4603 Conestoga Boulevard, questioned how Mr. Parker could release
encumbrances on property to someone who does not own the property. He suggested
the City quit claim the deed to the college with the encumbrances.
Nancy Kendrick, South 18 Avenue, expressed outrage that buildings that are only
thirty years old are considered unserviceable. She, too, suggested the new building
could be put on the same footprint as the current building. She referred to a petition
she submitted prior to the meeting, stating that it contained 75 signatures she gathered
in three hours in favor of retaining the park and ball fields.
The City Clerk read the resolution by title only; PUCCINELLI MOVED AND GEORGE
SECONDED TO ADOPT THE RESOLUTION.
Council Member Mattson claimed that protecting parks, expanding higher education,
and restoring public faith in our decision - making process are our highest priorities. He
said it is clear that government, at both the state and local levels, needs to do a better
job of informing their citizens. He referenced remarks he made three weeks ago and
again asked why the public wasn't involved in this issue last March when the funds
were first appropriated or in June when funds were first expended. He said he would
like additional analyses, environmental impact statements that have a series of
alternatives, and to present those to the decision makers so they have more than one
option. He would like to take sixty days to have City staff and YVCC staff work with
the community to develop alternatives. Council Member Puccinelli pointed out
, problems a delay would cause; the Kiwanis ball fields not being available in time for
the 2004 season and the college missing the appropriation from the legislature.
Council Member George asked City Attorney Paolella about the potential of inserting
the recommended language in the quit claim deed. Mr. Paolella said from a legal
perspective the language would be fine. The language restricts the use of the land,
not the ability to sell or transfer ownership of land. He said as long as the restrictions
are understood, acknowledged, and disclosed, it's fine to put them in the deed and it
would be up to the College Foundation to enforce them.
Linda Kaminski, President of YVCC, was not willing to accept the language in the quit
claim deed without the advice of their attorney who was not present. She also advised
that these opportunities will not be available 60 days from now and may never present
themselves again. She clarified that they are not becoming a four -year college but will
be able to provide the opportunities on the YVCC campus for bachelors, masters, and
doctorate degrees, etc. through other colleges.
Council took a short break at 4: 08 p.m. and reconvened at 4:15 p.m.
Following the break discussion continued on the benefits of expanding to support a 4-
year degree program. SIMS MOVED AND BUCHANAN SECONDED TO AMEND
THE QUIT CLAIM DEED TO INCLUDE THE LANGUAGE RECOMMENDED BY
JOHN NICHOLSON. At this point Dr. Kaminski advised they had called their attorney
during the break and they did not want the language included.
MATTSON MOVED AND PLACE SECONDED TO HAVE A 60 -DAY COOLING OFF
PERIOD. It was determined this motion was out of order.
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DECEMBER 17, 2002
There was continued discussion on the point of including the language in the quit claim
deed. Mr. Paolella said the language does not change the legal effect and, therefore,
he didn't understand why the college didn't want it included. Mr. Nicholson opined that
without the language the City would be violating the restrictions that they promised to
adhere to when they took the property in 1937. At that point Ms. Kaminski said, in the
absence of their attorney, she and her colleagues will accept that language. The
question was called for a vote on the amendment. The motion carried by a 6-1 roll
call vote, Mattson voting nay. The question was called for a vote on the amended
motion: The motion passed by a 5 -2 roll call vote, Mattson and Place voting nay.
Council Member George explained his vote saying he supports the resolution because
it paves the way for a new era at the community college, to provide four -year degrees,
solves the college's Title 9 problem, and enables the college to expand. Council
Member Mattson agrees with everything about why this is good for the community, yet
at the same time thinks we're facing a crisis of credibility and that this further
undermines the Council's creditability. Mayor Place said she believes in the college
expansion, but not at the loss of the ball fields and the green space.
RESOLUTION NO. R- 2002 -149, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a Real Property Transfer Agreement with
Yakima Valley Community College and execute a Quit Claim Deed for a portion of the
Larson Park property in favor of Yakima Valley Community College. •
8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
BETWEEN CITY OF YAKIMA AND WEST VALLEY FIRE DISTRICT #12 FOR
SERVICES IN WEST VALLEY •
Dennis Mayo, Yakima Fire Chief, and Brian Schaeffer, Deputy Chief from West Valley
Fire District, announced there is a tentative agreement that will continue the service to
West Valley as it is now. Chief Mayo said this actually enhances the services to the
area, as the City's units will be automatically responding into that area. He said this
agreement process has created a partnership to better serve the public. The City Clerk
read the resolution by title only; SIMS MOVED AND BUCHANAN SECONDED TO
ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote,
Puccinelli temporarily absent.
RESOLUTION NO. R -2002 -150, A RESOLUTION authorizing and directing the City
Manager to execute an agreement with Yakima County (West Valley) Fire District No.
12 to provide for the continuation of fire services in the area commonly referred to as
the South 72 Avenue Annexation in the City of Yakima, Washington.
*9. CONSIDERATION OF RESOLUTION APPROVING PARKS AND RECREATION
FEE INCREASES FOR 2003
RESOLUTION NO. R- 2002 -151, A RESOLUTION authorizing and directing the Parks
and Recreation Division Manager to implement the 2003 Parks and Recreation Fee
Schedule for program facilities use and activities participation.
*10. CONSIDERATION OF RESOLUTIONS AUTHORIZING THE WRITE OFF OF
UNCOLLECTABLE ACCOUNTS:
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DECEMBER 17, 2002
A. UTILITY BILLS
RESOLUTION NO. R- 2002 -152, A RESOLUTION authorizing the write -off of certain
uncollectable accounts receivable by the utility funds of the City of Yakima.
B. CENTRAL RECEIVABLE ACCOUNTS
RESOLUTION NO. R- 2002 -153, A RESOLUTION authorizing the write -off of certain
uncollectable accounts due to various funds of the City.
C. PARKING CITATIONS
RESOLUTION NO. R- 2002 -154, A RESOLUTION authorizing the write -off of certain
uncollectable parking citations and penalties for the City of Yakima.
*11. CONSIDERATION OF RESOLUTION APPROVING APPOINTMENTS AND
AUTHORIZING EXECUTION OF CONTRACTS FOR HEARING EXAMINER
SERVICES WITH:
A. GARY CUILLIER APPOINTMENT AS HEARING EXAMINER
B. PATRICK SPURGIN APPOINTMENT AS HEARING EXAMINER PRO TEM
RESOLUTION NO. R- 2002 -155, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute professional service agreements with Gary
Cuillier and Pat Spurgin to act as hearing examiner and hearing examiner pro tem with
regard to land use matters occurring throughout the City of Yakima.
*12. CONSIDERATION OF ADOPTION OF 2003 LEGISLATIVE PRIORITIES
The City of Yakima 2003 Legislative Priorities Agenda was adopted.
ORDINANCES
13. CONSIDERATION OF ORDINANCE ENACTING NEW REFUSE RATES FOR 2003
Nancy Fortier, Refuse Manager, requested the ordinance be approved for new rates to
be effective February 1, 2003. The City Clerk read the ordinance by title only; SIMS
MOVED AND BUCHANAN SECONDED TO APPROVE THE ORDINANCE. The
motion carried by 6 -1 roll call vote; Barnett voting nay. Council Member Barnett
explained his no vote saying that although he approved of two of the three rate
increases, he disagreed with the can increase.
ORDINANCE NO. 2002 -58, AN ORDINANCE relating to health and sanitation;
concerning containers for storage of garbage and yard waste for collection by the City
of Yakima, and amending Section 4.16.140 of the City of Yakima Municipal Code
accordingly.
14. CONSIDERATION OF ORDINANCE ADOPTING A BUDGET FOR 2003
There was discussion about what decision had previously been made with regard to
Horizon Industries. It is currently not included in the budget and will have to come
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DECEMBER 17, 2002
back with a separate proposal next year. BUCHANAN MOVED, SIMS SECONDED
TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote.
ORDINANCE NO. 2002 - 59, AN ORDINANCE adopting a budget for the City of
Yakima, Washington, for the year 2003; and making appropriations for estimated
expenditures.
15. CONSIDERATION OF ORDINANCE APPROVING HEARING EXAMINER'S
RECOMMENDATION RELATING TO MEMORIAL HOSPITAL REZONE AND
MASTER APPLICATION FOR PROPERTY LOCATED IN THE VICINITY OF 30
AVENUE NORTH OF TIETON DRIVE
Ken Harper, 807 North 39 Avenue, outside counsel for the City, said that
procedurally the Council has acted within compliance with the law. He reminded them
that the hearing has been closed but that it is appropriate to hear from a hospital
representative.
Don Schussler, 311 North 4 Street, spoke as the attorney representing Memorial
Hospital. He said it appears a misunderstanding has arisen as a result of his not being
available to stay for the closed record public hearing on November 26, 2002. He said
in the minutes of that meeting Puccinelli moved and Sims seconded to amend the
Hearing Examiner's decision to include a stoplight at 28 Avenue and Tieton Drive. At
the meeting Mr. Franklund said he thought the hospital would have no problem with
that; but, in fact, the hospital has a huge problem with it. He explained it is a $300,000
expense and nothing in the record of the Hearing Examiner's conclusion shows that a
traffic Tight is needed. He then suggested Council strike the condition that makes
reference to the traffic light. Further discussion revealed that striking the condition was
not a legal action that Council could take. Other alternatives to deal with the situation
were suggested. Memorial Hospital has two parcels that were not included in their
master plan due to timing. Mr. Harper suggested they could pull all the parcels
together in a corrected master application and resubmit it. This would then go before
another public hearing allowing for a different outcome. Doug Maples, Code
Administration and Planning Manager, said if a revised application was received on
December 20 it could ultimately have an effective date of April 4 If it was received
by the 19 of December, that period could be shortened by approximately 1 months.
Mr. Harper advised that if the ordinance was approved and then appealed through
Superior Court under the Land Use Petition Act, a court date would be expected in
about six months. Mayor Place asked if the signal Tight issue could be "undone" when
the other two lots come before Council. Mr. Harper advised that could run into some
"thin ice ", and recommended not deviating from State law on the public process. It
was his recommendation that, if there is a desire from any of the parties to change
what has been done, it has to be part of a new application put before Council that has
gone through the hearing examiner process. He suggested that Memorial Hospital
can pick up these two errant parcels and raise whatever issues they would like to by
withdrawing this application, resubmitting an application, and going through the proper
process again.
Mr. Schussler explained that-the two Tots were not in the,initial application because
they did not own them at the time of the application. After they were purchased, they
submitted a supplemental application. He said Memorial Hospital is unwilling to
reapply a master application plan.
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Ken Messer, 201 South 28 Avenue, expressed frustration that they had not been
notified of the public hearing. Although the traffic in the area affects them, they are
outside the 500' range that the City uses for notification of a public hearing. The
decisions made have a great impact on their street and they did not participate in the
hearing because of lack of notification. He suggested the City must notify, not by the
letter of the law, but by the impact on the area.
Kathy Coffey, 201 South 28 Avenue, said they found out about the hearing
accidentally. She said that because they are only two blocks from the hospital they
should have been notified. She thought the Council should have been more interested
in what the Planning Department and engineers had to say over the neighbors'
comments. She claimed that the whole area is becoming an adjunct to the hospital.
She made a point by stating that Council's decision to put a stop light on 28 Avenue,
put them within 300' of the decision.
There was further discussion on what recourse, if any, was available to the Council if
they wanted to change the decision made at the Closed Record Hearing of November
26 Mr. Harper advised that the Yakima Municipal ordinances do not contain any
clause that would authorize a remand under this circumstance and a remand after
Council has made it's decision isn't acceptable under state reform law.
City Manager Zais commented that there is a potential solution. He referred to the
ordinance itself and quoted the last sentence in Section 3, which reads "...it shall be a
condition of this approval that the applicant install a traffic signal at the intersection of
S. 28th Avenue and Tieton Drive, subject to approval by the City Engineer and
compliance with all MUTCD standards." He explained that MUTCD is the traffic
warrant standards and the intersection currently does not meet those standards. If the
Council passes this ordinance, the City Engineer can come back and say it doesn't
meet these standards at this time. The City Clerk read the ordinance by title only;
SIMS MOVED AND PUCCINELLI SECONDED TO PASS THE ORDINANCE. The
discussion continued explaining how this technicality would work. The Engineer
determines that traffic volumes and other criteria needed to justify and qualify a signal
are not there. At such time as warrants arise, it would trigger the need for the signal.
Mr. Harper again stated that the cleanest way to address this issue is to simply go
through the public process again. However, he did concur that the ordinance for the
traffic signal has, as a condition, approval by the engineer and compliance with
MUTCD standards. The discussion then was directed to the potential of deferring a
decision on the ordinance. It was determined that was not practical and would not
change the end result. The question was called for a vote on the motion. The
motion carried by unanimous roll call vote.
Lonnie Smart, 109 North 30 Avenue, also spoke about the notification process
stating he thinks the impact is much further than the 500' range used for notification.
He would like further review on a better notification system for the neighborhood.
ORDINANCE NO. 2002 -60, AN ORDINANCE concerning land use regulation and
planning, rezoning, with conditions, a certain parcel of property located in the vicinity of
the 400 block of South 30 Avenue from Single- Family Residential (R -1) to Multi -
Family Residential (R -3), approving, with conditions, the recommendation of the
Hearing Examiner for the City of Yakima regarding a certain Class (3) land use for
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DECEMBER 17, 2002
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operation of a proposed medical building and hospital parking, and approving certain
associated administrative adjustments regarding lot coverage, setbacks, and fence
heights; Yakima Valley Memorial Hospital as applicant herein.
*16. CONSIDERATION OF ORDINANCE APPROVING THE HEARING EXAMINER'S
RECOMMENDATION RELATING TO REZONE OF PROPERTY LOCATED AT 2018
E. VIOLA, REQUESTED BY JIM AND ALICE KLEIN
ORDINANCE NO. 2002 -61, AN ORDINANCE concerning land use regulation and
planning and rezoning a certain parcel of property located at 2018 E. Viola Ave. from
Two - Family Residential (R -2) to Light Industrial (M -1); Jim and Alice Klein as
applicants herein.
*17. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION, AND
COMPENSATION PLAN FOR CITY EMPLOYEES (POLICE, MANAGEMENT AND
RECLASSIFICATIONS)
ORDINANCE NO. 2002 -62, AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to be. effective January 1,
2003; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.100 D, 2.20.100 E,
2.20.110 A, 2.20.110 B, 2.20.110 C, 2.20. 110 D, 2.20.110 E, and 2.20.110 G, all of
the City of Yakima Municipal Code.
18. OTHER BUSINESS
*A. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
MEMORANDUM OF AGREEMENT TO EXTEND THE AGREEMENT WITH TRI
COUNTY WATER RESOURCE AGENCY
RESOLUTION NO. R- 2002 -156, A RESOLUTION authorizing and directing the Mayor
to execute a "Memorandum of Agreement RE: Extension of the Third Amended
Intergovernmental Agreement for the Tri County Water Resource Agency ", and to
approve an Amendment to the Third Amended Intergovernmental Agreement for the
Tri County Water Resource Agency.
With regard to the National League of Cities meeting in Washington, D.C., Mary Place,
Paul George, Lynn Buchanan, and, possibly, Larry Mattson, will attend.
• Information Items
Items of information provided to Council were: Planning Division Assignments
Pending Report as of December 17, 2002; New Vision / Yakima County Development
Association, In Our Scope, Winter 2002; Distributed December 16, 2002: Memo from Bill
Cook regarding letter from Jar Arcand, Yakima Downtown Association, re: City Owned,
County Improved Parking Lot on North First Street; dated December 16, 2002; Memo from
Bill Cook re: Political Signs, dated December 16, 2002; Minutes of the November 21, 2002
Yakima Air Terminal meeting and Agenda for the December 19, 2002 meeting; and Public
Service Announcement dated December 13, 2002 covering Construction Activities for the
week of December 16 to December 20
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246.
DECEMBER 17, 2002
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19. EXECUTIVE SESSION REGARDING PENDING
PUCCINELLI MOVED AND BUCHANAN SECONDED TO MOVE INTO EXECUTIVE
SESSION AT 5:38 P.M. FOR APPROXIMATELY 20 MINUTES WITH
ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote.
20. ADJOURNMENT
The meeting adjourned at 6:03 p.m.
READ AND CERTIFIED ACCURATE BY: _r ,, _,. -__ice _.... , - / o
oU%CIL MEMBER II ' T -
/i
' 1� %l ‘°' 5-
fl T'OUNCIL MEMBER. DAT
ATTEST:
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K elYi- r2 .'1A- ,,Z3 /P-e(A / Allii
• CITY CLERK i MARY PLACE, MAYOR
Minutes prepared by Linda Watkins. An audio and video ape of this meeting are available in the City Clerk's
Office
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