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HomeMy WebLinkAbout04/01/2003 Business Meeting • 339 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL APRIL 1, 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 • 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 /SPECIAL PRESENTATION Mayor Place introduced Chad Doescher, her job shadow for the day, from Eisenhower High School. A. PROCLAMATIONS • WORKFORCE WEEK Mayor Place read a proclamation declaring the week of April 21 -26, 2003 as Work Force Week . Curt Kaple accepted the proclamation and spoke about the Tri- County Work Force activities and training programs. • CBA CHAMPIONSHIP - YAKIMA SUN KINGS Mayor place read a proclamation congratulating the Sun Kings on winning the CBA championship. General Manager Rich Austin and owners John and Darren Uceny were present to receive the proclamation. • Gambling Hearings Council Member George advised that the City's Finance Department and the casino interests have agreed on data that indicates the City's gambling tax is in line with other cities of comparable size. As a result he suggested • canceling the scheduled hearings on the gambling tax issue. Rita Anson, Director of Finance and Budget, gave background information on the gambling tax in Yakima. She said the state maximum rate is 20 %; we are currently at 10% and that is in the average range statewide. GEORGE MOVED AND PUCCINELLI SECONDED TO CANCEL THE TWO HEARINGS ON GAMBLING TAX RATE SCHEDULED FOR APRIL 17, 2003 AND LEAVE THE GAMBLING TAX RATE AT 10 %. Council Members Buchanan and Barnett both expressed concern about publicly announcing hearings and then canceling them. The motion carried by a 4 -3 roll call vote; Barnett, Buchanan, and Sims voting nay. 340 APRIL 1, 2003 • Employee Recognition Mayor Place recognized Heidi Fortier, Animal Control Officer, who is retiring after 30 years of employment with the City of Yakima . B. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE (IF APPLICABLE) None 4. CONSENT AGENDA Mayor Place referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Item No. 10 was removed and Item No. 16A was added 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.) *A. APPROVAL OF THE FEBRUARY 18, 2003 ADJOURNED MEETING (REVISED) The minutes of the February 18, 2003 Adjourned 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 Bob Mansfield, Mansfield Alarm Company at 1201 South 41 Avenue, spoke against taxation dollars competing with private enterprise dollars in the alarm business. Technology has changed and now only UL stations are classified as first class. He claimed the City's Communication Department is not UL. He proposes that the answer to false alarms is communication not issuing fines. BARNETT MOVED AND SIMS SECONDED TO HOLD A STUDY SESSION ON THE SECURITY ALARM SUBJECT. The motion carried by unanimous voice vote. Lynne Kittelson, 305 North 9 Street, expressed concern about the landscaping requirement for the parking lot under construction at North 9 and A Streets. She encouraged putting more than the required 5% landscaping in and recommended putting in trees for shade. Jim Beckett, 1017 Fellows Drive, addressed the graffiti situation in Yakima. After having met with Chief Willson, some members of court, and other local citizens, they prepared and submitted to Council a proposed ordinance on graffiti. He suggested the ordinance be reviewed and adopted by Council at the April 15 meeting. Council Member Barnett suggested the Legal Department review the proposed ordinance and determine its financial impact. Council Member Sims suggested further study on the subject, to include attorneys pro bono to prosecute 2 341 APRIL 1, 2003 to the highest level, and then hold a study session with this business group. SIMS MOVED AND PLACE SECONDED TO HOLD A STUDY SESSION ON THE GRAFFITI ISSUE AND THE PROPOSED ORDINANCE. The motion carried by unanimous voice vote. Annette Cubrera, 113 South Naches Avenue, Apt. #4,.told Council that the police had beaten her husband when he was arrested. She claimed that he was beaten again when he was incarcerated at the County jail. She also related that she was mistreated when she was in jail. Council asked staff to investigate and report on this incident. PUBLIC HEARING 6. PUBLIC HEARING TO CONSIDER AMENDMENT OF THE CITY'S CDBG CONSOLIDATED PLAN TO REQUEST HUD INCREASE THE ALLOCATION OF • SECTION 108 LOAN FUNDS Michael Morales, Grant Writer, explained that they are amending their consolidated plan because they have begun the process of increasing the economic development loan fund pool by an additional $2 million. He said that Council has already approved a $4 million loan fund secured by a $1 million grant. He explained.that the public hearing is on the $2 million increase. There is a 30- day comment period, therefore, no loan can be considered or approved before the May 6 meeting. There is no change to any of the criteria; it is still a loan. • Mayor Place opened the public hearing • Lynne Kittelson, 305 North 9 Street, asked if it's a loan fund what happens when the loan is paid back? Does it go to the City or to The federal government? Mr. Morales explained that the City would be responsible for the repayment of the section -108 loan that we are borrowing from the federal government, the grant portion would be retained by the City. • Mayor Place closed the public hearing No action was required by Council at this time. CITY MANAGER'S REPORTS 7. CONSIDERATION OF PROPOSED LEGISLATION TO REQUIRE 4X8 PUBLIC NOTIFICATION SIGNS FOR LAND USE CHANGES AT APPLICANT'S EXPENSE Doug Maples, Office of Code Enforcement and Planning Manager, explained that, at the request of Council Member Buchanan, staff prepared proposed language amending the zoning code whereby the applicant will pay for the land use action notice signage. He also requested an increase in the types of land use applications for which signs would need to be posted and to establish the size of the land use sign. Mr. Maples displayed the signs that have been used for several years, two 8'/2" by 11" with reports on them. He then displayed a group of 4' x 4' 3 342 APRIL 1, 2003 signs, with the City colors, that have been used for the last few months. Next he displayed a 4' x 6' sign that contained further information. He noted that the proposed language in the ordinance does not deal with any of these three signs. The proposed revision to the ordinance is for another sign that has 31" high phone numbers. He itemized the costs for the various signs: • 4x4 black and white - $18.50 • • 4x4 green letters and City logo - $25 • 4x6 is $120 • 4x8 would be between $160 to $200 and then has to be mounted on 4x8 sheet of plywood with two posts. Total cost approximately $250. One further note, there are some land use matters that would require multiple signs on properties. There was discussion on the pros and cons of each size. It was noted that the large 4x8 raises the problem of transporting them to the location. The ordinance stipulates the color, the font, the size of letters, etc. because the applicant will be responsible to have the signs made up. Council Member Buchanan said as a city we have been spending a lot of money on attorneys for hearings, and a lot of money on signs. It is his suggestion that rather than the taxpayer funding this, the people who want to rezone the property should pay for it. Further points in the discussion were: • Need the larger sign to draw people's attention • Bright colors will accomplish that as well • Suggestion of a generic large sign that could be rented out • The largest sign has too much material on it • Need to be cost effective — use smaller sign with a contact number • The difficulty of too much information on the sign when it changes midstream. A 4x4 that refers only to the land use action with a contact number eliminates that problem. • Key responsibility is to communicate that something is changing at the location and how to get more information. • Suggestion of putting a website address on the sign as well as a phone number Joe Walsh, 5709 Walla Walla Lane and representing Central Washington Homebuilders Association (CWHBA), spoke in opposition to the proposed modifications of the ordinance. He said the proposal is full of information that may provide clarity but also creates a more restrictive less flexible process. By increasing the cost for signage and shifting it to the applicant the city is moving away from being more business friendly. It is his interpretation that the city is required only to provide notification and he believes they do that faithfully and shouldn't be seduced into thinking they are responsible for making the individuals informed. He thinks there are other forms of notification rather than going to 4x8 signs, such as what other cities have done by using bright colors. Lola Franklin, CEO for CWHBA asked if the City had projected how much money would be saved by shifting the cost to the developers. Mr. Maples advised that presently the City pays for the signs and does not charge for them. Mrs. Franklin claimed that it is a civil responsibility of the city to notify the public. Mr. Maples offered one other suggestion that had been presented by Joe Walsh; to have an informational hot line the public can call with pre- recorded information 4 343 APRIL 1, 2003 on the topic. Council Members Barnett, Buchanan, and Mattson, were appointed to look into this subject and to bring back recommendations. Council Member Barnett will be the Chair. *8. CONSIDERATION OF JOINT RESOLUTION WITH YAKIMA COUNTY AUTHORIZING AMENDMENT TO THE AIR TERMINAL BOARD BY -LAWS CHANGING THE LOCATION OF ITS MEETINGS TO THE MC ALLISTER MUSEUM RESOLUTION NO. R- 2003 -48, A RESOLUTION in the matter of approving amendments to by -laws of the Yakima Air Terminal Board. *9. CONSIDERATION OF RESOLUTION DECLARING A FIRE POLE SURPLUS PROPERTY AND AUTHORIZING ITS SALE TO THE YAKIMA FIREFIGHTERS, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS— LOCAL 469 RESOLUTION NO. R- 2003 -49, A RESOLUTION declaring one approximately 17 foot, brass fire pole to be surplus and authorizing its sale to Yakima Firefighters Association, International Association of Firefighters — Local 469. 10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTER - LOCAL AGREEMENT WITH YAKIMA COUNTY FOR JAIL SERVICES FOR 2003 Ken Ray, Director of the County Department of Corrections, 111 North Front Street, took the opportunity to thank City staff for their work on this contract. He specifically complimented Assistant Senior Attorney, Jeff West, for his assistance. 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. RESOLUTION NO. R- 2003 -50, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Corrections /Detention Agreement with Yakima County for the provision of jail detention services during 2003. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE YAKIMA VALLEY UMPIRE ASSOCIATION FOR OFFICIATING SERVICES DURING THE 2003 SOFTBALL SEASON RESOLUTION NO. R- 2003 -51, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with the Yakima Valley Umpires Association for the purpose of obtaining officiating services for the organized softball program of the City of Yakima. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE SALVATION ARMY TO PROVIDE A SUMMER PLAYGROUND PROGRAM AT MILROY PARK RESOLUTION NO. R- 2003 -52, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Salvation Army to provide a summer playground program at Milroy Park. 5 344 APRIL 1, 2003 *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE ALLIED ARTS COUNCIL FOR SUMMER ARTS ACTIVITIES PROGRAM RESOLUTION NO. R- 2003 -53, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Allied Arts Council of Yakima Valley, to provide a visual and performing arts program for youth. *14. APPROVAL OF 2002 YEAR -END FINANCE REPORT The 2002 Year -End Revenue and Expenditure (Budget) Report was approved. *15. POSTPONE CLOSED RECORD PUBLIC HEARINGS AND RE -SET DATE OF CLOSED RECORD PUBLIC HEARINGS FOR APRIL 15, 2003 TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION CONCERNING The closed record public hearings to consider the Hearing Examiner's recommendations for rezones requested by Richard Johnson and Richard Kohagen previously set for today were postponed. A. REZONE OF PROPERTY LOCATED AT 422 SOUTH 56TH AVENUE, 5607 TIETON DRIVE, & 5703 TIETON DRIVE REQUESTED BY RICHARD JOHNSON April 15, 2003 was set as the date for a closed record public hearing to consider the Hearing Examiner's recommendation to approve a rezone of properties at 422 S. 56 Avenue, 5607 Tieton Drive, and 5703 Tieton Drive from R -2 to B -2 requested by Richard Johnson. B. REZONE OF PROPERTY LOCATED IN THE VICINITY OF 4202 ENGLEWOOD AVENUE REQUESTED BY RICHARD KOHAGEN April 15, 2003 was set as the date for a closed record public hearing to consider the Hearing Examiner's recommendation to approve a rezone of property in the vicinity of 4202 Englewood Avenue from R -1 to R -2 requested by Richard Kohagen. 16. OTHER BUSINESS SIMS MOVED AND PUCCINELLI SECONDED TO DESIGNATE MAYOR PLACE, AND COUNCIL MEMBERS GEORGE AND MATTSON AS VOTING DELEGATES REPRESENTING THE CITY AT THE AWC CONFERENCE, WITH CITY MANAGER ZAIS AS ALTERNATE. The motion carried by unanimous voice vote. A. CONSIDERATION OF APPOINTMENTS TO THE YAKIMA DOWNTOWN ASSOCIATION BOARD SIMS MOVED AND MATTSON SECONDED TO REAPPOINT JAR ARCAND, HERB HILL, STEVE CAFFERY, JOE MANN, TERRY POWELL AND LEROY THOMPSON TO THE YAKIMA DOWNTOWN ASSOCIATION BOARD. The Board was directed to come back with a recommendation to stagger the terms so all 6 345 APRIL 1, 2003 positions will not expire at the same time. Jar Arcand commented that some of the . wording in the ordinance is vague and needs to be strengthened to allow a rotation. Also the wording for the membership such as the at -large position resulted in different interpretations. He suggests that the Board look into this, address it, and bring it back to Council to be passed as an ordinance The question was called for a vote on the motion. The motion carried by unanimous voice vote. The YDA Board also recommended the following new appointments: • Denise Ray to fill position #2 vacated by Pat Gilmore Joe Morrier, Sr. to fill position #3 vacated by Joe Morrier, Jr. Paul Napolitano to fill position #9 Earl Gaberman to fill position #11 SIMS MOVED AND BUCHANAN SECONDED TO FILL POSITIONS 2, 3, AND 9 AS RECOMMENDED BY THE BOARD BUT TO APPOINT MARIANO MORALES • FOR POSITION 11. The motion carried by a 6 -1 voice vote; Puccinelli voting nay. The YDA Committee will bring back a recommended revised ordinance that will include term lengths for the positions to accommodate a staggered expiration. 17. EXECUTIVE SESSION RE: PENDING AND PROSPECTIVE LITIGATION BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. 18. ADJOURNMENT Following the Executive Session, the meeting adjourned at 5:03 p.m. READ AND CERTIFIED ACCURATE BY: __ , . - 'r iLef 6 c%5 7 0 3 C.UNCIL MEMBER DAT' U � n „ Atr. .rte ��� il e> C.CJNCIL MEMBER DATE ATTEST: K et 11-4- v - . /261-6 O ./,'/: , , CITY CLERK / MARY PLACE, MAYOR 1 Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 7