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HomeMy WebLinkAbout02/04/2003 Business Meeting r , 279 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL FEBRUARY 4, 2003 - 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 City Manager Zais gave a special invocation in honor of the lost crew of the Columbia space shuttle. A moment of silence was observed followed by the Pledge of Allegiance led by Mayor Place. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL PRESENTATION ' A. PROCLAMATIONS (IF APPLICABLE) None B. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS (IF APPLICABLE) None C. RECOGNITION OF YCTV/YPAC EQUIPMENT GRANT Randy Beehler, Telecommunications Manager, advised that back in 1994 a cable franchise was granted to TCI which included a provision for an equipment grant. The cable operator in Yakima has changed a number of times since that time but the obligation has remained. As a result, a check has been presented to the City by Charter Communications, the recent franchisee. This money will help transition the department to more state -of- the -art equipment. Council Member Barnett noted that Deborah Patterson's term on the Yakima Urban Area Regional Planning Commission expired January 8 The Council Committee has determined she is willing and they support her continuing on that commission. BARNETT MOVED AND SIMS SECONDED TO REAPPOINT DEBORAH PATTERSON TO THE YAKIMA URBAN AREA REGIONAL PLANNING COM- MISSION FOR A FOUR -YEAR TERM. The motion carried by unanimous voice vote. 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. There were no changes. 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. 280 FEBRUARY 4, 2003 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 DECEMBER 17, 2002 (REVISED) The minutes of the December 17, 2003 Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. • 5. AUDIENCE PARTICIPATION Brandon Russell, First Star Communications, 15 Chicago Avenue, Suite C, thanked Council for helping take care of the situation he previously wrote about regarding access to the convention center for filming. He also requested a letter from the City endorsing what they are doing as far as promoting the Yakima Valley. Mayor Place asked him to submit a written request that included information on what they are doing in their promotions. Jim Scoggins, 4603 Conestoga Boulevard, spoke with regard to restrooms at Larson Park suggesting the restroom being built by YVCC for Dunbar Field be utilized by the passive park as well. He suggested the City contribute to that - restroom and have it made accessible to both locations as a way to save public funds. Chris Waarvick, Director of Public Works, questioned the legality of contributing to a facility that is on property that no longer belongs to the City and noted there is also the issue of maintaining the restrooms. He recommended this be turned over to the Parks Commission for deliberation. He also explained the $100,000 cost of the restroom that the City is planning to construct at the passive park. The bid is current waiting to be signed and includes a deadline to be constructed by March V. Council Member Barnett commented that even though we made that park smaller it is well used and needs a restroom that is open during normal park hours. He suggested a time out be called to explore some of these ideas. Council Member Mattson agreed while Mayor Place reminded them that this issue needs to be dealt with in a timely fashion so a restroom is available for the upcoming season. There was further discussion on the legality of giving money to the Youth Softball Association to build the restroom and arrangements with the college on accessibility during open park hours. SIMS MOVED AND MATTSON SECONDED TO REFER THIS ISSUE TO THE PARKS COMMISSION FOR THEM TO CONSULT WITH YVCC, YAKIMA YOUTH SOFTBALL, AND MR. SCOGGINS TO COME UP WITH A REASONABLE SOLUTION TO CREATE A JOINT USE RESTROOM. The motion carried by a 6 -1 voice vote; George voting nay. Aileen Kane, 701 South 14 Avenue, brought to Council's attention a crosswalk by the College that she suggested be relocated for safety reasons. The Street Department will review the situation and make contact with the College. Jar Arcand, 111 East Yakima Avenue, raised the issue of the local gaming tax suggesting it be increased. He said the state allows a 20% tax and the City is only collecting 10 %. He said that local business cannot compete with gambling 2 281 FEBRUARY 4, 2003 establishments that subsidize their alcohol and food with gambling profits. He had been in touch with the State Attorney General's Office regarding the Eyman initiative that limits tax increases to 1e3/0 and will supply Council with the information as soon as he receives it. A subcommittee to review this issue was created comprised of Council Members Puccinelli, George and Buchanan. Council Member Buchanan requested staff to supply historical background information on the gambling tax for review. Mike Davis, 6904 Fairview Drive, Casino Manager at Caribbean, claimed • that any raise in the local gambling tax will put them out of business. He said if they went out of business, that would mean the loss of hundreds of jobs. He requested he be advised when this subject is to be discussed again. CITY MANAGER'S REPORTS 6. CONSIDERATION OF REQUEST FROM YAKIMA COUNTY FAIRGROUNDS REGARDING SUNDOME EXPANSION (AVAILABLE Curtis King, 711 South 24 Avenue, Chairman of the Board, Central Washington Fair Association, requested help to pay for the Phase 1 remodel of the Sundome. He gave a brief history and clarified that the main reason behind the remodel is to try to keep 1A and 2A basketball tournaments in Yakima. Phase 1 would expand the seating from 5,200 to 7,030 permanent seats. It also includes the addition of six dressing rooms. They are asking the City to give $1.1 million in support of a $2.7 -$2.9 million project. They have received $1.25 million from the State • Legislature and are in the process of obtaining $200,000 from Union Gap. He also submitted a letter of support from the YVCC Sports Commission. There was discussion on other areas that are competing for these tourist dollars. Rita Anson, Finance Director, gave a status of the debt service and bonds issued for the original construction of the Sundome. Mr. King advised that the money they are receiving from the State must be spent by the end of June. The City Clerk read the ordinance by title only; BARNETT MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. During discussion it was suggested a new agreement -be created. It was also noted that the County will have to make arrangements to issue the bonds to enable the financing plan to go forward. The question was called for a vote on the motion. The motion passed by a 6 -1 roll call vote; Buchanan voting nay. Mr. King assured Council the money would be spent wisely for the best use by the community. He proposed that the oversight committee have representatives from the Fair Board, the City of Union Gap, the City of Yakima, as well as the County. ORDINANCE NO. 2003 -05, AN ORDINANCE of the City of Yakima, Washington, authorizing the City Manager to enter into or extend an interlocal agreement with Yakima County regarding financing improvements to the Sundome. 3 282 FEBRUARY 4, 2003 • BARNETT MOVED AND SIMS SECONDED TO PARTICIPATE IN THE ADVISORY COMMITTEE FOR THE INDICATED PURPOSES BUT HAVE NOTHING TO DO WITH THE USE OF THE SUNDOME. The motion carried by unanimous voice vote. MATTSON MOVED AND BARNETT SECONDED TO EXTEND THE COLLECTION OF THE ADDITIONAL 50% BUSINESS LICENSE FEE PAST THE SUNSET DATE THROUGH THE YEAR 2025 WITH THE NEW CONTRACT. The motion carried by a 6 -1 voice vote; Buchanan voting nay SIMS MOVED AND BUCHANAN SECONDED TO COMPLETE A LEGAL AND FINANCIAL REVIEW OF THE INTERLOCAL AGREEMENT. The motion carried by unanimous voice vote. City Manager Zais commented that they will be addressing the issues raised with respect to the notification of any future refinancing the County might do and to incorporate any credits accordingly if that does take place. *7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE OFFICE OF LONG TERM CARE FOR GERIATRIC FOOT CARE SERVICES RESOLUTION NO. R- 2003 -13, A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima and Yakima County, through the Office of Aging and Long Term Care, for the purpose of obtaining funding for foot care services for senior citizens. *8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF POOL RENTAL AGREEMENTS FOR THE 2003 SEASON WITH: A. YAKIMA ATHLETIC CLUB SWIM TEAM RESOLUTION NO. R- 2003 -14, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the Yakima Athletic • Club Swim Team for pool rental. B. YMCA SWIM TEAM RESOLUTION NO. R- 2003 -15, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the YMCA Swim Team for pool rental. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE YWCA TO PROVIDE DOMESTIC VIOLENCE VICTIM'S ADVOCACY SERVICES RESOLUTION NO. R- 2003 -16 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with the YWCA to continue to provide domestic violence services. 4 283 FEBRUARY 4, 2003 • *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PERSONAL SERVICES AGREEMENT WITH JOHN HADDIX FOR TRANSIT PLANNING SERVICES RESOLUTION NO. R- 2003 -17, A RESOLUTION authorizing and directing the City Manager to execute an amendment to the Professional Services Agreement for Transit Planning Services between the City of Yakima and John Haddix. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SCA CONSULTING GROUP FOR PROFESSIONAL SERVICES FOR TIETON DRIVE SANITATION SEWER LINES IN CONJUNCTION WITH YAKIMA COUNTY'S TIETON DRIVE RECONSTRUCTION PROJECT RESOLUTION NO. R- 2003 -18, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an Agreement with SCA Consulting Group for the design of the Tieton Drive Sanitary Sewer Line Project in conjunction with Yakima County's roadway reconstruction project of Tieton Drive between 72 and 96 Avenues. *12. CONSIDERATION OF RESOLUTION DECLARING AN EMERGENCY AND AUTHORIZING REPAIR OF TRAFFIC SIGNAL AT SOUTH 1 STREET AND NOB HILL BOULEVARD RESOLUTION NO. R- 2003 -19, A RESOLUTION declaring an emergency and authorizing the City Manager to execute all necessary documents with Northwest Signal and any other necessary outside parties to repair and /or replace the controller and cabinet at the intersection of South First Street and Nob Hill Boulevard without calling for bids and at a cost not to exceed $50,000.00. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH BRENT YOUNG FOR FINANCE AND ACCOUNTING SERVICES RESOLUTION NO. R- 2003 -20, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Professional Services Agreement with Brent Young for finance and accounting services. • *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH DON WILTON SURVEYING FOR ENGINEERING SURVEYING SERVICES RESOLUTION NO. R- 2003 -21, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Don Wilton Surveying, a surveying firm. • 5 284 FEBRUARY 4, 2003 *15. SET DATE OF PUBLIC MEETING FOR FEBRUARY 18, 2003 FOR CREEKVIEW FINAL PLAT February 18, 2003 was set as the date of public meeting to consider the 38 -lot final plat known as Creekview, submitted by Ham Properties, LLC. The property is located in the vicinity of the 1400 block of South 80 Avenue, Yakima, WA. ORDINANCES *16. SECOND READING OF ORDINANCE AMENDING THE 2003 BUDGET AND APPROPRIATING FUNDS FOR REPAYMENT OF A SIED LOAN FOR THE GATEWAY TO WINE COUNTRY VISITOR INFORMATION CENTER ORDINANCE AN ORDINANCE NO. 2003 -06, amending the 2003 budget for the City of Yakima; and making an appropriation of $150,000 in the 142 — Arterial Street Fund for expenditure during 2003 to complete infrastructure for the Gateway to Wine Country Visitor Information Center. *17. FIRST READING OF ORDINANCE AMENDING THE 2003 BUDGET AND APPROPRIATING FUNDS TO PURCHASE FEMA GRANT FUNDED FIREFIGHTER SAFETY EQUIPMENT (NO ACTION REQUIRED AT THIS MEETING; SECOND READING SCHEDULED 2/18/03) An Ordinance amending the 2003 budget and appropriating funds to purchase FEMA Grant funded firefighter safety equipment, was read by title only, and laid on the table until February 18, 2003 for a second reading. PUBLIC HEARING 18. PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CITIZENS PARTICIPATION PROCESS FOR ADOPTION OR AMENDMENT TO THE COMPREHENSIVE PLAN (Staff members were available in the Council Chambers at 1:00 p.m. to speak with citizens about this process) Bill Cook, Director of Community and Economic Development, gave background information on this process. The goal is to establish a citizen participation process for amendments to the City's Comprehensive Plan. Under Growth Management Act (G MA) law, the City is authorized to consider amendments to the Comprehensive Plan and the Future Land Use Map only once a year. Although the map does not determine what will be built, it establishes zoning limitations that can impact what will be built on a given site. Neither state law nor the Growth Management Hearings Board are clear on what constitutes adequate notice with regard to these amendments, therefore, the City's aim is to err on the side of safety. Mr. Cook feels these amendments will significantly improve community awareness of proposed changes and may be the most comprehensive process in the state. The outcome of any plan amendment will still fall to the City Council to decide what is in the best interest of the entire city. 6 FEBRUARY 4 2003 2 8 5 Council Member Buchanan brought up the issue of notifying neighbors by putting up a 4' x 8' sign when doing major rezones or building changes. Doug Maples, Planning and Code Administration Manager, showed an example of a 4' x 6' sign that is currently being used. It was also noted that a study session is scheduled for March 18 regarding signage on property and the size of signage. Mr. Maples reviewed the past Comprehensive Plan Amendment process noting that over the last three years there have been twenty -three amendments. He then reviewed the flow chart depicting how the proposed process will work (copy attached). He said they are suggesting the amendment process remain as it has been for the last three years, although they are proposing new elements to Notice & Publication. Those elements are 60 -day notice to CTED at the proposal stage and 60 -day notice before final adoption. Previously this notification was done through phone calls; they are now going to provide written notice. This proposal has been supplied to a list of "interested parties ", a total of 65 copies have been distributed. Mr. Maples advised that, overall, the process has been expanded approximately 30 days. Council Member Mattson emphasized that there needs to be effective public involvement as we amend this process. There have been suggestions from the public to have an evening meeting on this issue. He said he is preparing some performance standards that need to be considered to improve the public involvement process,. e.g. becoming more transparent in our decision making so the public can follow along, especially on the complex land use matters. He also pointed out that the decision on this process won't be made today, but will possibly take a couple months to complete. Mayor Place suggested scheduling another orientation session with YPAC involvement. Mr. Maples advised Council Member Mattson that the Regional Planning Commission hearings are all held in the evenings allowing for public participation. Mr. Maples noted that this particular ordinance is under a decision by the Growth Management Board to be completed by June 6 Mayor Place commented that if we are in the process, and sincerely trying to get full,public involvement, there should be leniency in that timeframe. City Manager Zais asked Mr. Maples how many written notices are issued during this process. He listed four separate notifications which included two public hearings. There was discussion on compliance of notification and the impact of returned mail or unclaimed mail, noting those should be considered as minor irregularities in the participation and wouldn't invalidate the action taken. Council took a brief break at 4:00 p.m. and reconvened at 4:05 p.m. • Mayor Place opened the public hearing Wilma Koski, 6403 Terry Avenue, complimented the new large signs, although she suggested the phone number be larger. She commented there was a glaring omission in the ordinance in the notification process with the State Environmental Policy Agent (SEPA). It is her opinion that the City's SEPA decision should be a part of the notification process and that the City should seek public comment prior to making their SEPA decisions. She also stated there should be a mechanism for establishing parties -of- record and they should receive notification of continued hearings as they proceed. She said there should be a definition of a major change 7 286 FEBRUARY 4, 2003 • to the scope of the request that would trigger a re- notification. She reiterated a previous suggestion in the timing of the notification; according to the ordinance it is 14 days. Although Mr. Maples mentioned 20 days, she thinks 30 days would be better. She feels the initial publication of the ordinance should be in its entirety because a summary may leave out some vital information. She stressed that the notification should be in layman's terms and should express the location, not only by parcel numbers, but with vicinity information. She feels that notification in trade journals, web sites, and the Yakima Herald isn't enough to reach the average person. She took this opportunity to vote for evening meetings Ron Anderson, Central Washington Homebuilders Association, 3301 West Nob Hill Boulevard, said he thinks the meetings should be held in both the afternoons and the evenings to get the public involved. He requested a minimum of a two - week notification. Bob Firman, 4908 Castleview Drive, thought the 1 o'clock meeting with staff was really helpful. In response to a comment from Mr. Cook about leaving the zoning off the maps because it confused people as to whether it was existing or proposed zoning, he asked why couldn't we have both for clarity. The existing zoning and proposed zoning could be marked clearly so people could see what the change really means. Mr. Cook explained that when we do a Future Land Use Map putting zoning designations on that map crates confusion. Norma Howell, 619 South 68 Avenue, expressed her concern about the notification being limited to 500'. She would like to see it go farther. Theresa Knight, 804 South 69 Avenue, said that, although she appreciates the work going on to improve the communication, she thinks decisions are made before people have any input because their input doesn't seem to change anything. She would like to see a way for the public to have input and influence on decisions before the laws are changed. Mayor Place explained that is why the Comprehensive Plan amendment process is being revised. Mayor Place then explained the process and how it starts when a landowner wants to do something different than what the property is zoned for. The conclusion of the process is whether or not it's a compatible relationship and agreed to by Council to change the Future Land Use Map to allow it. Council Member Sims added, it appears a lot of citizens would like to be informed about what's happening in their area, but when the notices in the paper come out, or the hearings occur, it isn't of interest to the people who live there at the time. Then when the actual zone gets changed and a project gets proposed, that's when the neighbors come out. This prompted further discussion on notifications and timing of decisions. The large signs should help, but Mayor Place emphasized that people in the neighborhood need to be paying attention and communicating with each other. Council Member Mattson expressed his displeasure at the public hearing process for public input as it can be very intimidating. He suggested that if a project doesn't involve sensitive transactional information, those attending the hearing should have access to the same information as the decision makers. Council Member Barnett emphasized that the time people need to speak to a project is when it first comes up at the Regional Planning Commission because they make the recommendations to the Council. 8 2 87 FEBRUARY 4, 2003 Janie Richardson, 5401 West Arlington Street, said the notice period for this meeting was way too short and as a result a lot of people didn't know about it. This, again, prompted discussion on what people would like to see for meeting notification versus what is possible. The discussion ranged from location of notification in the paper, the Regional Planning Commission notification process, to neighborhood groups who have requested to receive notification which then goes to the chairperson who takes responsibility to pass the information on to the group. Bill Cook clarified that interested parties are organizations or individuals that want to be notified within a geographical area of anything, whereas parties -of- record are individuals or groups who want to know about a specific project and they join the mailing list by letting us know, or coming to the Planning Commission, sending a letter, or signing a petition. He said the City sent out 500 notices on Congdon and six parties -of- record came to the Planning Commission meeting. He gave another example of a Comprehensive Plan amendment on 40 Avenue, where 106 letters were sent out and 75 parties -of- record show up. It varies widely on how quickly and to what extent people become involved. Wilma Koski spoke again, correcting the record that Mrs. Noble is the treasurer, not chairperson. She spoke about the notification of council meetings being packet driven and asked if they could come out on Monday rather than Thursdays. The process was explained and how they could not be ready by Monday. Mayor Place advised that public hearings are given two -week notices and are published in an agenda announcing they will be held two weeks hence. Therefore, people have a two -week notification already. Council Member Buchanan suggested using e-mails to send agenda and meeting notice information to people. City Manager Zais said one option would be to give 30 days notice of public hearings rather than the current two weeks. He explained that the two -week notice on an agenda is-just a line item. Lynne Kittelson, 305 North 9 Street, said she sees the whole point of this discussion being that the public needs to be informed early on and well informed. She also stated her opinion that any big project should automatically have to go to a Class 3 review. She feels that if more things that significantly affect the neighbors in a given area required a Class 3 review, we'd be much better off. Bill Cook clarified that Mrs. Kittelson gets notification because the North East Community is a party - record but she wouldn't get notice of every rezone or land use issue throughout the city; only those in the North East neighborhood. It was also clarified that packets are available for review on the Friday prior to a Council meeting at the Library, the Police Department, and at the City Clerk's office in City Hall. Mr. Cook stressed that we're not saying we need to make changes to the ordinance just this once and then leave it alone. But, he reminded Council that we have no comprehensive planning process this year until we can satisfy the Growth Management Hearing Board and we need to get this in place and move on. He also advised the public of the website address (www.ci.yakima.wa.us) and the fact that many of these questions are answered there. Jamie Carmody, 405 East Lincoln, said the County has gone through this process and has considerable experience in comprehensive plan processing and suggested Council review their ordinance. He distributed copies of the proposed ordinance with his comments noted in each section and then spoke about those comments. A copy of this annotated ordinance is included in the council packet on 9 288 FEBRUARY 4, 2003 file in the City Clerk's office. He said he thinks it is imperative that an annual review process be made available to the public even though the law requires it once every five years. He said once a year is essential to develop property and bring proposals to Council. He also noted that the ordinance presented eliminated all reference to SEPA although it's shown on the chart. He supplied a couple other entities that need to be on the notification list; the fire districts and the Yakima Greenway foundation. Mike Shinn, 311 North 4 Street, said to be careful of the list the GMA provides that need to be notified, that there are other agencies that need to be notified as well. He also submitted detailed comments on the proposed ordinance in writing. Those comments are included in the council packet on file in the City Clerk's office Ken Harper, legal counsel for the City, responded to Mr. Carmody's and Mr. Shinn's comments. He said that although the County's ordinance is something they looked at when drafting the City's ordinance, and they will look for ways to integrate it, it is not their position that everything in the County's ordinance should be adopted into this one. He said their ideal is not to adopt the County's ordinance but to find a better, more highly evolved, proposal for Yakima. • Mayor Place continued the hearing for two weeks. 19. OTHER BUSINESS None 20. EXECUTIVE SESSION REGARDING PENDING LITIGATION AND COLLECTIVE BARGAINING BUCHANAN MOVED AND GEORGE SECONDED TO ADJOURN TO EXECUTIVE SESSION WITH ADJOURNMENT THEREAFTER TO 6:30 P.M. AT THE SOUTHEAST COMMUNITY CENTER, THEN TO 7:30 A.M. ON FEBRUARY 11, 2003 FOR STUDY SESSION ON THE RAILROAD GRADE SEPARATION STUDY. The motion carried by unanimous voice vote. 21. ADJOURNMENT The meeting adjourned at 5:50 p.m. / READ AND CERTIFIED ACCURATE BY: _...6 ... — —_,_ -� - `/ /5 2 OU ��� ' IL ME BER j r AT' la [ OUNCIL MEMBER D A TE ATTEST: /// `1 ; j 6-6---) Z„,d ./-a____ CITY CLERK i ARY PLACE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape • this meeting are available in the City Clerk's Office 10