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HomeMy WebLinkAbout06/24/2003 Business Meeting 404 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JUNE 24, 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 Mattson. 3. Open Discussion for the Good of The Order /Special Presentation Mayor Place presented City Manager Zais with a City of Yakima Service Award for 30 years of service to the City and community. Mayor Place presented Tammy Regimbal, Co -Chair of the City's Wellness Committee, with a Well City plaque presented to the City at the Association of Washington Cities Conference for it's Wellness Program. Council members who attended the AWC Conference briefly commented on the conference. City Manager Zais reported that Mayor Place was elected as the AWC Secretary. • A. Proclamations (if applicable) - None • B. Status report on prior meeting's citizen service (if applicable) - None C. Special Presentation: Washington Territorial Recognition Council Member Buchanan presented Council with a framed certificate from the Secretary of State honoring Yakima as a Territorial City. D. Report from City and County re: Bond Sale for SunDome Expansion Project Rita Anson, Director of Finance and Budget, gave a report on a recent $1.4 Million bond sale that included funds for the SunDome expansion project. She reported an outside firm determined that the City has an "A" rating. A facsimile check was given to County Commissioner Jesse Palacios. Curtis King, Fair Board and SunDome project • 405 JUNE 24, 2003 representative, thanked Rita Anson, Tim Jensen, Dick Zais, Doug' Cochran, Curt Warner and the County Commissioners for their efforts towards this project. Greg Stewart, Central Washington Fair General Manager, also thanked the City and County for their efforts. He described the improvements that will occur in this expansion project. • Barbara Glover, Visitors & Convention Bureau, presented Council members with a plaque in appreciation of their support for the new Yakima Valley Visitors Information • Center. She spoke about the importance of the visitor center to our valley's tourism and described the interactive kiosk in the Center that directs visitors to lodging, dining, shopping and events in the area. 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. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Approval of minutes of the May 6, 2003 Adjourned and Business meetings, May 20, 2003 Adjourned and Business meetings, and June 3, 2003 Business meeting The minutes of the May 6, 2003 Adjourned and Business meetings, May 20, 2003 Adjourned and Business meetings, and June 3, 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 Ed Cunnington, representing a group of neighbors from the area of 45 Avenue and Summitview, appeared before Council to voice concerns about the houses moved to their neighborhood that included in many code violations, safety issues, weedy lots and blowing dust. Ken Harper, consulting attorney, and Joe Caruso, Fire Code Inspector, described their efforts to address this problem, through the legal remedy and code enforcement. Mr. Harper reported that the developer has certain rights and has 180 days to finish the project from the time the permit was issued; after that time the City can file a claim against the developer's bonds. Council members expressed concern that the amount of the, bonds would not be sufficient to cover the cost to finish the development project. Jim Evans, residing across the street from the project, requested a stop order be placed on the project. He also suggested that Memorial Hospital may have some liability in this issue because Mr. Doty obtained the houses from the hospital. Mr. Cunnington repeated a rumor he heard that Mr. Doty no longer has a license to move house, nor does he have a current contractor's license. Bill Bausch, North 45 Avenue, stated that the homes in this area should receive a property tax exemption due to this situation, or have the tax placed into a separate trust fund to be used to fix the problems. He was advised that the request should be • 2 406 JUNE 24, 2003 directed to the County Commissioners. Council directed staff to set up a meeting during the week of July 7 with the neighborhood, possibly at the Allied Arts Center, and to notify residents within 500' of the development and Jude Doty about the meeting. Bill Hordan addressed the Mayor, stating that at the last TransAction meeting, they discussed a theme for the visual corridor coming into Yakima and presented her with pictures of a Las Vegas visual corridor. Phyllis Musgrove, North 30 Avenue, advised Council that last Friday, their group submitted a petition that contained 4,338 signatures subjecting Ordinance No. 2003- 29, relating to the conversion of Irrigation District 308 to domestic water, to a referendum, demanding a repeal of the ordinance or that the ordinance be placed on the ballot for a vote by the people. A second petition supporting the first petition, signed by more than 400 non - voter - qualified citizens, was also submitted last Friday. This outpouring of support of their petition generated should give the Council an indication of how the citizens feel about this issue; they don't want to lose the separate irrigation system. Discussion among the Council members brought out several points: • The Federal government may impose stricter environmental regulations that would impact the irrigation system, making it unusable. • The 308 General District could be separated from the irrigation system to be rebuilt and paid for by the users in that district. • The City Charter requires the signatures be counted by today. However, because the ordinance relates to a utility, legal opinions indicate that it is not subject to a referendum process, therefore, there is no deadline to count the signatures. • The issue of a policy decision on what action to take on the petition is within the purview of Council. • A survey may be desirable to determine what the citizens want to do about irrigation improvements. • The citizens should be provided additional information along with the survey in order to make a more informed decision. Council Member Puccinelli stated he feels strongly about his original vote; however, he feels even stronger that Council should listen to what 4,000 -plus petition signers have said. PUCCINELLI MOVED AND BUCHANAN SECONDED TO DIRECT STAFF TO PREPARE LEGISLATION TO REPEAL THE ORDINANCE THAT CURRENTLY EXISTS ON THE GENERAL 308 IRRIGATION SYSTEM. The motion carried by 4 -3 roll call vote; George, Mattson and Place voting nay. There was a brief discussion regarding the survey, however, no decision was made about its content, who would write it, who would tabulate the results, or what may change as a result of the survey. Phyllis Musgrove reported that there is a pile of dirt in the parking lot where they are expanding the convention center resulting in blowing dust. She was assured that this issue would be addressed. Al Marquez, North 3 `d Street, spoke in favor of sending out a survey, because most of the Hispanic community, while they live in the 308 District, are not registered voters. 3 407 JUNE 24, 2003 Charlene Hill, Green Road, addressed the complaint about the Oasis Treatment facility on Yakima Avenue, and the meeting scheduled for tomorrow with the neighbors. She spoke in support of the men in the program. Mayor Place stated that a major concern of the neighbors is the number of people allowed to live in that facility and the change in use. . PUBLIC HEARING 6. Public hearing on Six -Year Transportation Improvement Plan (TIP) and Metropolitan Transportation Plan Amendment A. Resolution adopting Six -Year Transportation Plan for years 2004 to 2009 and amending the Metropolitan Transportation Plan Kay Adams, City Engineer, reported that the list of projects increased from 31 to 50, even though 7 -8 of the projects currently on the list were completed. Addressing Council Member Barnett's concern that the Mead Avenue improvements have not yet been made, Mr. Adams stated that the right -of -way acquisition process is delaying the project and approval by DOT is taking longer than anticipated. Council Member Barnett also wanted to make sure that the property owners who would be impacted by the Tieton Drive /16 Avenue intersection improvement project are informed about the potential impact. Mr. Adams stated that the engineering for that project would need to be done in order to determine the impact to the affected property owners. At this point, there is nothing to disclose to the property owners. • Mayor Place opened the public hearing Lynne Kittelson, North 9 th Street, referencing the Bicycle and Pedestrian Committee's recommendation, commented that Items Nos. 6 and 9 are important to continue the bikeway. Council Member Puccinelli disagreed with the 7 -foot sidewalk needed for the Lincoln Avenue, 20 -24 Avenues, improvement project and stated he would like to speak with staff about that because he owns property that would be affected by this project. • Mayor Place closed the public hearing The City Clerk read the resolution by title. BUCHANAN MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2003 -88, A RESOLUTION adopting a Six -Year Transportation Improvement Program for the period of 2004 through 2009 for the construction of streets and arterial streets in the City of Yakima and amending the Metropolitan Transportation Plan. B. Resolution authorizing amendment of the Yakima Urban Area Comprehensive Plan to incorporate the Six -Year TIP 4 408 JUNE 24, 2003 The City Clerk read the resolution by title. SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2003 -89, A RESOLUTION to amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element to incorporate the Six -Year Transportation Improvement Program (STIP) for the period of 2004 through 2009. CITY MANAGER'S REPORTS *7. Consideration of Legislation regarding continuation of fire services to the South 72 Avenue annexation area: A. Resolution authorizing execution of contract with Fire District No. 12 to extend West Valley Service contract RESOLUTION NO. R- 2003 -90, A RESOLUTION authorizing and directing the City Manager to extend that certain Agreement for Continuation of Fire Services by and between the City of Yakima and Yakima County (West Valley) Fire District No. 12, dated December 31, 2002, to provide for the continuation of said agreement and the continuation of fire services in the area commonly referred to as the South 72 Avenue Annexation in the City of Yakima, Washington. B. First reading of ordinance amending the 2003 Budget and appropriating funds for fire service in the South 72nd Avenue Annexation areas (No action required; second reading scheduled for July 1, 2003) An Ordinance amending the 2003 budget and appropriating funds to provide for fire service in the South 72 Avenue Annexation Area, was read by title only, and laid on the table until July 1, 2003 for a second reading. *8. Consideration of Resolution ratifying Department of Justice Community - Oriented Policing Services Agreement for Neighborhood Resource Officer for Yakima School District RESOLUTION NO. R- 2003 -91, A RESOLUTION ratifying application for a grant in the total amount of $125,000.00 from the United States Department of Justice Office of Community Oriented Policing for the School Resource Officer ( "COPS in Schools ") program; ratifying designation of the Police Chief and the City Manager to act as the official representatives of the City of Yakima with regard to the grant; ratifying their actions to accept the grant and execute all necessary documents and contracts related to the grant; and authorizing and directing the Police Chief and City Manager to execute all additional documents and contracts necessary to implement the grant. *9. Consideration of Resolution authorizing execution of agreement with Yakima Valley Community College for Retired and Senior Volunteer Program Support Services 5 409 JUNE 24, 2003 RESOLUTION NO. R- 2003 -92, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Yakima Valley Community College (YVCC), for the purpose of providing, through its Retired and Senior Volunteer Program, volunteer support to senior citizens within the City of Yakima. • *10. Consideration of Resolution authorizing execution of agreement with Swanson Commissary Services for City jail inmates commissary services RESOLUTION NO. R- 2003 -93, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Commissary Services Agreement" with the Swanson Services Corporation for inmate commissary services at the Yakima City Detention Facility. *11. Consideration of Resolution authorizing execution of agreement with Yakima Valley Conference of Governments to renew the Technical Planning Services Agreement RESOLUTION NO. R- 2003 -94, A RESOLUTION authorizing and directing the City Manager to execute a technical planning services agreement with the Yakima Valley Conference of Governments for planning services related to the update of the GMA Comprehensive Plan. *12. Consideration of Resolution authorizing execution of agreement with State Department of Transportation for $5,000 grant for permanent landscaping dust abatement at the Visitor Information Center RESOLUTION NO. R- 2003 -95, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the Washington State Department of Transportation (WSDOT) for a $5,000 grant for permanent dust abatement in the form of landscaping at the City of Yakima Visitor Information Center. *13 Consideration of Resolution authorizing submission of an application for a Section 108 loan to Helen and Seong Kim for Pepper's Family Restaurant at 801 North 1 Street RESOLUTION NO. R- 2003 -96, A RESOLUTION authorizing the City Manager to submit an application for funding from the Section 108 Loan Guarantee Program of the United States Department of Housing and Urban Development (HUD) in the amount of $330,000 for Pepper's.Restaurant. • 6 410 JUNE 24, 2003 *14. Approval of final contract payment for the Yakima Trolley Window Restoration project (Standard Motion V -B — accept project and approve.final payment) The report from the City Engineer, dated June 24, 2003, with respect to the completion of the work on the Yakima Trolley Building Window Restoration project, performed by ABC Glass & Windows, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *15. Set date of public hearing for July 15, 2003 to consider disposition of property at Larson Park (Noel Field) July 15, 2003 was set as the date of public hearing to consider the sale of Noel Field property at Larson Park to the State of Washington for Yakima Valley community College. Council members recessed the meeting at 3:58 p.m. and resumed the meeting at 4:05 p.m. ORDINANCES 16. Consideration of Ordinance establishing a residential parking permit program.for the Central Business District Bill Cook, Director of Community and Economic Development, explained that last year the Grand Hotel requested that their tenants be allowed to park in the City -owned lots. This request was referred to the Yakima Downtown Association (YDA). YDA recommended a parking permit system for residents living in the 16 -block downtown . core area at $10 per month, one -half of the commercial monthly rate of $20. Lots 2 and 3 were not included in the permit system due to business and entertainment activities that occur in the evening requiring the use of those Tots. He commented that this permit system does not entirely solve the parking problem for residents of the Grand Hotel, however, YDA addressed the residential parking issue for the downtown area. Jamie Stickel, chair of the YDA, stated the Association wanted to create a residential parking permit plan for the five lots that YDA oversees. The permit would allow residents to park in the designated lots from 5:00 p.m. to 8:00 a.m. Council Member Buchanan questioned the restriction to 14,000 pounds gross vehicle weight, pointing out that that is a large truck. Pete Hobbs, Customer Service Manager, advised that one permit per residence would be issued with proof of residency. Tami Hicks, property manager for the Grand Hotel, stated that they recently purchased property to use for parking, however, that only addresses part of the issue. Even with the new parking, they cannot provide parking for all the residents who are handicapped. This ordinance will not help them with that issue. They have 51 units for people age 55 and older and about half of them are handicapped. Mayor Place pointed out that when parking was discussed at the time the hotel was being renovated, Council was assured that the parking would be adequate because most of the tenants would not drive. Council Member Puccinelli stated that these tenants cannot be allowed to park on the street overnight because it interferes with street cleaning and snow control. 7 411 JUNE 24, 2003 • Brother Warren, resident at the Grand Hotel and pastor at St. Michael's Church, spoke about the need for residents to park close to the Hotel; parking in the Mall Garage would entail crossing Yakima Avenue. He also expressed his opinion that the two -hour parking limit is a detriment to bringing businesses downtown. Adelle Carlson, resident at the Grand Hotel, stated she does not want to park behind Santiago's Restaurant and walk in the dark to the hotel. The people who can afford to move, will, and the hotel will run down. Following a brief discussion concerning the obligation of the Grand Hotel to provide parking and the availability of the Mall Parking Garage, the ordinance was read by title. SIMS MOVED AND PUCCINELLI SECONDED TO PASS THE ORDINANCE. BUCHANAN MOVED AND SIMS SECONDED TO AMEND THE ORDINANCE TO RESTRICT PARKING FOR RESIDENTIAL PERMITS TO 8,000 POUND GROSS VEHICLE WEIGHT (strike 14,000 Ib gvw and insert 8,000 Ib gvw). The motion carried by 6 -1 voice vote; Barnett voting nay. Council briefly discussed how the permit system would be enforced. The question was called for the vote on the motion as amended. The motion carried by unanimous roll call vote. ORDINANCE NO. 2003 -39, AN ORDINANCE relating to the residential and long term parking in the central business district and in parking lots owned by the City of Yakima; establishing additional criteria for the issuance of residential parking permits in the central business district and for long term parking permits in city owned parking lots; establishing residential parking permits for city owned parking lots; amending sections 9.50.200 and 9.50.220 of the City of Yakima Municipal Code; and adding section 9.50.205 to the City of Yakima Municipal Code. *17. Consideration of an Ordinance approving the vacation of a portion of Maple Street and a portion of S. 15 Street for Kiwanis Park expansion project ORDINANCE NO. 2003 -40, AN ORDINANCE vacating, with conditions, a certain tract of real property identified as that portion of Maple Street lying easterly of S. 13 Street . and westerly of 1 -82 and that portion of S. 15 Street lying southerly of Maple Street and northerly of Beech Street, Yakima, the City of Yakima as applicant herein. *18. Consideration of Ordinance extending the Cable Communications System Franchise with Charter Communications by one year to January 21, 2012 ORDINANCE NO. 2003 -41, AN ORDINANCE relating to franchises; amending Subsection 2.2 of Ordinance No. 93 -115, as amended by Ordinance Nos. 97 -40, No. 98 -30, No. 99 -09, No. 99 -31, and 2000 -24; and extending the term of the non- exclusive franchise with Charter Communications Holding Company, LLC, one (1) year, from seventeen (17) years to eighteen (18) years, from the effective date of Ordinance No. 93 -115. 8 412 JUNE 24, 2003 *19. Consideration of Ordinance amending the classification and compensation plan for certain City employees ORDINANCE NO. 2003 -42, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective July 1, 2003; amending Subsections 2.20.100 A, 2.20.110 A, and 2.20.110 B, all of'the City of Yakima Municipal Code. *20. First reading of Ordinance amending the 2003 budget and appropriating funds for development of new gravesites at Tahoma Cemetery (No action required; second reading scheduled for July 1, 2003) An Ordinance amending the 2003 budget and appropriating funds to provide for the development of new gravesites at Tahoma Cemetery, was read by title only, and laid on the table until July 1, 2003 for a second reading. 21. Other Business Council members decided that study sessions were not needed on the Community Development Block Grant or on the Flood Plain Management Plan. SIMS MOVED AND BUCHANAN SECONDED TO APPOINT MARTIN CHACON TO THE YAKIMA HOUSING AUTHORITY BOARD TO REPLACE ESTER HUEY'S VACANT POSITION. The motion carried by unanimous voice vote. Council Member Sims brought up a neighbor's request to change the speed limit on Stanley Blvd. from 25 mph to 20 mph. He was directed to speak to the Traffic Division staff about this issue and other areas along the park. Council Member Barnett requested clarification on the Capital Improvement Committee's request to increase the utility tax on refuse from 9% to 16% to fund capital improvements. The other utility taxes are also proposed to be increased to 16 %; however, their current rates are at 14 %. He asked if it was intended to increase the refuse utility tax to 16 %? • Information Items Items of information provided to Council were: Agenda for the June 26, 2003 Hearing Examiner's Meeting; Agenda for the June 24, 2003 City Council Transit Committee Meeting and minutes of its May 20, 2003 meeting; 6/13/03 Letter from U.S. Department of Homeland Security announcing the move of the Bureau of Citizenship & Immigration Services; The Yakima County Labor Economy: 2002 in Review; Planning Assignments Pending as of the Week of June 24, 2003; 6/16/03 Informational e -mail from NAHRO; Subject: Supreme Court Upholds LHA Trespass and Barment Policy Against First Amendment Challenge; Central Washington Homebuilders Association June 2003 publication Building Today; and 6/12/03 article in the Seattle Post Intelligencer; Storm -Water Rules Fall Short, Board says CLOSED RECORD PUBLIC HEARING 9 • 413 JUNE 24, 2003 22. Closed record public hearing for June 24, 2003 to consider the Hearing - Examiner's recommendation on a rezone request by Terry P. Morton for property located at 906 E. Central and 1302 & 1304 Fair Avenue Mary Lovell, Assistant Planner, stated that this is a closed record hearing to consider the Hearing Examiner's recommendation to approve a rezone requested by Terry Morton. The request is to rezone three parcels at 906 East Central and 1302 and 1304 Fair Avenue, from R -2, Two - Family Residential, to CBDS, Central Business District Support. This is a non - project specific rezone. Bill Hordan, planning consultant for the applicant, reported that future land use map was changed in 2001 for this property and this rezone will make the zoning designation consistent with the Comprehensive Plan designation. All the property owned by Mr. Morton is vacant. Council members expressed concern that there is no project connected to this rezone and CBDS zoning permits several differenttypes of commercial uses. Council also acknowledged the concerns expressed by Greg Stewart, on behalf of the Fairgrounds, who had submitted pictures showing different uses of property in the vicinity. Ken • Harper, consultant attorney for the City, stated that many of the concerns of the Council and Mr. Stewart would be addressed through the SEPA process once an application is processed for a project. He said it is impossible to address mitigation measures in a rezone application. Under the Municipal Code Section 15.23.030, Council has the authority to affirm or reject the Hearing Examiner's recommendation. The Municipal Code gives Council very limited opportunities to make changes for non - project rezones. Council Member Buchanan noted that in the past, Council has said that they want some control over non - project rezones and staff has never brought back legislation to alleviate their concerns. • Greg Stewart, General Manager of the Central Washington Fair, expressed his concern about the possible uses available to Mr. Morton once this rezone is accepted. He is concerned that Mr. Morton would use the property for junk yard storage. He understands that it is not Mr. Morton's intent to make it a tow yard, however, Mr. Morton is not willing to accept that as a condition to the rezone. He asked that this zoning be denied. Ms. Lovell responded that wrecking and dismantling yards are not allowed in CDBS and a SEPA review would be necessary. Bill Hordan told Council that these three lots were a disaster when Mr. Morton purchased them. He cleaned up the property and now wants to rezone it to use or to market them. He owns a towing company and recently relocated it to 18 Street and East Nob Hill Boulevard. He is not intending to move it to this location. Terry Morton, applicant, stated that this property was a dump when he bought it. He intends to try and buy the property that is shown in the.pictures submitted by Mr. Stewart and clean it up also. He stated that his towing business is up for sale and he has no intent to move it to this location. Council members wrestled with the options available to them and not having the ability to place any restrictions on this rezone as to the future use of the property. Council Member Puccinelli pointed out that there is a house across the street from this property; therefore, CDBS is not appropriate zoning for this property. Council Member 10 414 .JUNE 24, 2003 Buchanan said that we have a problem area and there is no point in increasing the spread of that problem. PUCCINELLI MOVED AND BUCHANAN SECONDED TO DENY THE REZONE AND REJECT THE HEARING EXAMINER'S DECISION. The motion failed by 4 -3 roll call vote; Barnett, Mattson, Place and Sims voting nay. SIMS MOVED AND BARNETT SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by 6 -1 roll call vote; Buchanan voting nay. Mayor Place said that Council needs help from staff on how to address this problem. City Manager Zais commented that over the years, there have been attempts made to look at this issue. He suggested staff develop a framework and options, then do a legal review on how to address this and get redirection from Council. Mayor Place suggested that perhaps the table designating the different uses for this zone should be reviewed. Mary Lovell advised that any revision to the table would require an amendment to the Comprehensive Plan. 21A. OTHER BUSINESS — CONTINUED City Manager Zais reported that he plans to award the bid for Kiwanis Park Phase I development so we can obligate the money by the end of the month. The funding from the legislature is not sufficient to do another ball field and the options need to be discussed. City Manager Zais gave a status report on the search for a police chief. The six candidates were narrowed to four this morning. Additional background screening and evaluation will be conducted. 23. Executive Session regarding pending and prospective litigation (allow approximately 30 minutes) BUCHANAN MOVED AND SIMS SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS PENDING AND PROSPECTIVE LITIGATION, FOLLOWED BY IMMEDIATE ADJOURNMENT. The motion carried by unanimous voice vote. Council moved into Executive Session at approximately 5:35 p.m. • • 11