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HomeMy WebLinkAbout10/19/2004 Business Meeting 377 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL OCTOBER 19, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY. HALL 1. Roll Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender (after 2:43 p.m.), Dave Edler, Bernard Sims, and Susan Whitman Staff: Acting City Manager Rice and City Clerk Roberts Absent: Council Members Neil McClure and Mary Place (both excused) 2. Invocation /Pledge of Allegiance Council Member Edler gave an invocation followed by the Pledge of Allegiance led by Council Member Sims. 3. Open Discussion for the Good of The Order /Special Presentations Mayor George explained the potential that there would not be a quorum available for the public hearing scheduled for this evening. SIMS MOVED AND EDLER SECONDED TO POSTPONE AND RESCHEDULE THE WATER UTILITY RATE PUBLIC HEARING. The motion carried by unanimous voice vote; Bonlender, McClure and Place absent. Lee Tolland, Staff Sergeant with the Washington Army National Guard 81 Brigade serving in Iraq, by invitation from Council Member Sims, shared his experiences as opposed to what is reported by the media. He said the media doesn't show how many people now have electricity and running water, and how the schools have reopened. He estimated that one out of every twelve people have had negative experiences, personally or by family members, with the old Sadam Hussein regime. While the Iraqi people are not in love with America, they are more than happy to take the opportunities Americans provide to advance their cause. Is it dangerous over there? Yes. Is the American soldier displeased with his presence there? No. American soldiers are professionals and their morale is high. They are soldiers, they volunteered, and they know what the ultimate price might be. When they see someone in the media decrying what is happening over there because they've, lost a loved one, it tears at their hearts because it cheapens the sacrifice they are making. He has been in the military for 25 years and this is his seventh trip overseas. He didn't want to go and will be glad when it's over, but he is glad he can contribute to that part of the world. A. Proclamations None 378 OCTOBER 19, 2004 B Appointments to Boards and Commissions (if any) None C. Status report on prior meeting's citizen service request (if any) None 4. Consent Agenda Mayor George 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. 20 was removed and Items Nos. 10 and 11 were added. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND WHITMAN SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Bonlender, McClure and Place absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Approval of the minutes of the September 28, 2004 Adjourned meeting The minutes of the September 28, 2004 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 Cliff Adams, Chief Executive Officer for Congdon Orchards spoke on behalf of the Congdon family. They wanted the opportunity to speak to Council as the Neighbors For Responsible Development (NFRD) had done at a previous meeting. He expressed the following concerns: • Staff and counsel are not fully explaining their position to Council. • Only the City is responsible for the invalidity of the 2001 Comprehensive Plan amendment and non - compliance with GMA. • Litigation will not resolve the problem for full compliance by spring. Mr. Adams made the following suggestions: • Administratively remove the requirement for the SEIS on Congdon's 2003 Comp Plan request and proceed to public hearings. • Incorporate the Wal -Mart ES to address the requirements of the SEIS. • Wal- Mart's draft EIS should be published and disseminated to the public. PUBLIC HEARINGS 6. Public Hearing to consider appeal filed by James Herman on the Community Review Board's Summary of Decision relating to property at 2601 Englewood Avenue Jim Herman, a CPA in White Salmon, Washington, supplied the history of the subject property and advised that since he purchased the property, someone has dropped construction debris on it. After receiving notice from the Codes Department, he hired a local contractor to clean the debris off at a cost of $750. The lot is now clean. He requested the Council waive the $600 administrative fee. 2 379 OCTOBER 19, 2004 Ken Harper, counsel for the City, described the assessment and appeal process. Council Member Sims commented that the desired result was accomplished and he favored waiving the fee. Doug Maples, Planning and Code Enforcement Manager, spoke against waiving the fees due to staff hours and costs expended to date, including a title search. SIMS MOVED AND EDLER SECONDED, TO WAIVE THE $600 ADMINISTRATIVE FEE. There was further discussion on how to efficiently handle notifications when the property is held through a trust company. The question was called for a vote on the motion. The motion carried by a 3 -1 voice vote; George voting nay; Bonlender, McClure, and Place absent. 7. Public Hearing to consider the South 18 Street Annexation (See ordinance annexing property) Bruce Benson, Supervising Planner, explained this is a 29 -acre parcel with no residents and will be the site of the new jail. This annexation does not concern the jail siting, it is just the City complying with it's long term policy of annexation for provision of utility services. • Mayor George opened the public hearing Jim Faulconer, 502 North 18 Street, spoke in opposition to the annexation. He claimed the building codes were ignored and there were no permits for zoning, or water and sewer. Earl Lee, 2705 Palentine, agreed with Mr. Faulconer and suggested the City • shouldn't get involved in the jail situation until the County Commissioners correct it. • Mayor George closed the public hearing Paul McMurray, Assistant City Attorney, advised that annexation will allow municipal services to be provided to the property at a lower rate than those supplied under an outside utility agreement. Council Member Sims pointed out that this decision would not obligate the City to pay for the jail; that is a County project. Discussion continued on the potential of annexing the remainder of the fairgrounds in the future. Terry Austin, County attorney, confirmed that there was a pre- annexation agreement to discuss annexing the balance of the fairgrounds next year. He also responded to Mr. Faulconer that the County did have land use and building permits. The City Clerk read the ordinance by title only; SIMS MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; McClure and Place absent. ORDINANCE NO. 2004 -61, AN ORDINANCE concerning annexation; providing for the annexation of certain property, commonly known as the South 18 Street Annexation, to the City of Yakima; maintaining the current zoning of the area; providing for notice to the Washington State Utilities and Transportation Commission of the City's intent to provide residential refuse collection and disposal service to said area; assumption of the City's current indebtedness by properties in the South 18 Street Annexation area. 3 380 OCTOBER 19, 2004 8. Public Hearing to consider amending the Yakima Urban Area Capital Facilities Plan and Comprehensive Plan authorizing expenditures from the second quarter percent real estate excise tax for street repair and improvement purposes Chris Waarvick, Public Works Director, explained this hearing is to review the proposed ordinance amending the Yakima Capital Facilities Plan and, by extension, the City's Comprehensive Plan, to specify REET 2 funding for gravel street paving and arterial and unclassified street maintenance projects. Following the public hearing Council would then direct staff to bring the ordinance back on December 7 for formal action. During Council discussion it was noted this money can be leveraged from two to four times the original amount by TIB grants and that it was established for basic street preservation. Council Member Bonlender was of the opinion that this money was targeted for unpaved streets and alleys by the Capital Facilities Board. Mr. Waarvick noted that the city has completed approximately twelve miles of dirt streets and have approximately five miles to go next year at which point we will be done. He said they have made a recommendation to use these moneys to finish dirt streets and some of the more serious street failure conditions. Alleys can be looked at later. Mr. Waarvick advised we started collecting January 1, 2004,and project $550,000 for 2004. • Mayor George opened the public hearing 'George Pechtol, Vice Chair of the Capital Facilities Committee, confirmed that they did have priorities, and they did discuss alleys but the issue was unpaved streets. Council Member Sims clarified that this would "double shot" the unpaved streets • Mayor George closed the public hearing SIMS MOVED AND EDLER SECONDED TO HAVE STAFF BRING BACK LEGISLATION ON DECEMBER 7, 2004 THAT WOULD ALLOW USAGE OF REET 2 FUNDS FOR BASIC PRESERVATION OF STREETS. The motion carried by unanimous voice vote; McClure and Place absent. 9. Closed Record Public Hearing to consider the Hearing Examiner's recommendation to approve a right -of -way vacation for portions of N. 31 N. 32 and Hathaway Avenues, requested by City Office of Neighborhood Development Services After a short break, Jeff Peters, Assistant Planner, advised that the Hearing Examiner conducted a Public Hearing on August 26, 2004 to consider a petition for the vacation of a portion of North 31', North 32 and Hathaway Avenues. The vacated portion of rights -of -way will be utilized for the construction of a new 20 -lot development totaling approximately 3.8 acres. On September 14, 2004, the Hearing Examiner recommended approval and City staff recommends accepting the decision and directing staff to prepare the appropriate legislation. It was noted that there was no compensation required. 4 381 OCTOBER 19, 2004 Marvin Miller, Office of Neighborhood Development Services, encouraged the Council to approve the vacation request as it will provide twenty new affordable Tots for first -time homeowners for the city. The utilities are coming in Phase 2 and a subdivision will be coming within the next few weeks. Once the subdivision is finalized, our partners, OIC of Washington and Habitat of Humanity, will apply for CTED money to put in the infrastructure. • Mayor George opened the public hearing Lynne Kittelson, 305 North 9 th Street, questioned whether this location is within the Community Block Grant guidelines, and how much block grant money would be going into this project. She was concerned that it wasn't in the target area. She also asked if we are still at a high vacancy rate with regard to housing and, maybe don't need any more publicly funded housing? Mr. Miller advised that the development is being funded with Hope 3 funds not Community Block Grant funds. He said we are short of housing for low income people, although for others the market is a little saturated. The majority of this development will be three and four bedroom houses and is strictly for first time homeowners, no rentals. • Mayor George closed the public hearing SIMS MOVED AND BONLENDER SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION AND HAVE LEGAL PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous roll call vote; McClure and Place absent. CITY MANAGER'S REPORTS *10. Consideration of Resolution authorizing execution of agreement with Huibregtse Louman for design services for the Front Street Improvement Project RESOLUTION NO. R- 2004 -162, A RESOLUTION authorizing the City Manager to execute a professional services agreement with Huibregtse, Louman Associates, Inc. for engineering services necessary for the Old North Yakima National Historic District Renovation Project. *11. Consideration of Resolution authorizing execution of an agreement with Reporting Systems, Inc. for a fire and emergency medical service records management system as a sole source purchase RESOLUTION NO. R- 2004 -163, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a "Computer Systems Service Agreement" with Reporting Systems, Inc., to provide the City of Yakima with a web -base, remote - access fire and emergency medical service records management system and related services, and to acquire these services as a sole source purchase without calling for bids. 5 382 OCTOBER 19, 2004 12. Consideration of Resolution authorizing execution of memorandum of understanding with Yakima County and State Department of Transportation to develop a Lower Naches River - Coordination Partnership Plan Dave Brown, Water and Irrigation Manager, said this Memorandum of Understanding would develop a partnership between the City of Yakima, Yakima County and the State Department of Transportation. They will develop a Lower Naches River Coordination Partnership Plan in a section of the river that has significant problems. Rather than work on the problems independently, they will work together to develop a plan and look for available grant funds. Dueane Calvin will help write the plan. The money for the plan has already been appropriated. The City Clerk read the resolution by title only; BONLENDER MOVED AND EDLER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; McClure and Place absent. RESOLUTION NO. R- 2004 -164, A RESOLUTION authorizing the City ManAger of the City of Yakima to execute a Memorandum of Understanding with the Washington State Department of Transportation (South Central Region) and Yakima County for developing a Lower Naches River Coordination Partnership Plan. *13. Consideration of Resolution adopting the 2004 Wastewater Facility Plan RESOLUTION NO. R- 2004 -165, A RESOLUTION to adopt the 2004 Wastewater Facility Plan prepared by Black & Veatch for the City of Yakima. *14. Consideration of Resolution approving the Third Quarter 2004 Claims Activity Report RESOLUTION NO. R- 2004 -166, A RESOLUTION accepting and approving the 3 Quarter Claim Report for the City of Yakima. *15. Consideration of Resolution granting a fireworks display permit to Eagle Fireworks on behalf of the City Parks & Recreation Division for the opening event of the Gateway Sports Complex at Kiwanis Park on October 23, 2004 RESOLUTION NO. R- 2004 -167, A RESOLUTION granting a public fireworks display permit to Eagle Fireworks on behalf of the City of Yakima Parks Department. *16. Accept report and approve the Yakima Valley Conference of Governments 2005 Preliminary Budget The report from the Yakima Valley Conference of Governments regarding its 2005 preliminary budget was accepted. The 2005 proposed budget submitted by the Yakima Valley Conference of Governments was approved. 6 OCTOBER 19, 2004 3 8 r ? ' *17. Set date of public meeting for November 2, 2004 on the Whitecotton Final Plat approval November 2, 2004 was set as the date of public meeting to consider the Whitecotton Final Plat approval. *18. Set date of Closed Record Public Hearing for November 2, 2004 to consider the Hearing Examiners recommendation on Housing zone of property at 711 W. Next d Walnut Avenue requested by Step o November 2, 2004 was set as the date of closed record public hearing to consider the Hearing Examiner's recommendation on a rezone of property at 711 W. Walnut Avenue requested by Next Step Housing. *19. Set date of public hearing for November 16, 2004 and open the 30 -day comment period on the Five -Year (2005-2009) om on Plan Development Block Grant Consolidated Plan and 2005 nua The staff recommendation to open a 30 -day comment period and set a date of public heari Block Grant Consolidated ed Plan and 2005 Annual Action Plan was Develo was pme accepted. 20. Set date of public hearing for November 16, 2004 at 7:00 p.m. on the Stormwater Utility Ordinance Chris Waarvick, Director of Public Works, clarified that this item is simply to set a public hearing date to be held before the community. The joint ordinance is being worked on and being reviewed by the Legal staff. Mr. Waarvick responded to a question from Council about the timetable. In March 2003 we were required, under federal law, to state our intent to comply with the Clean Water Act. We, and the Department of Ecology, worked hard to develop a manual for Eastern Washington in lieu of the state's Puget Sound Manual that they were using for the gh the entire state. The deadline for the permit has come and gone and, although Environmental Protection Agency is not in a position to take legal action, would not stop citizen lawsuits. We are not too concerned about that matter as Yakima has made honest progress. In the fall of 2005 we anticipate a permit to be issued for the City of Yakima, Yakima County, Union Gap, Selah, and Sunnyside. This action follows Council direction to be prepared to make a decision within six to eight weeks on whether to pass the utility and associated funding mechanism or to wait. If Council decides to wait, there will still be ongoing expenses with regard to stormwater. In that case we will borrow from the wastewater funds to keep going. If you decide to wait, we would have to work harder to catch up. There would also be the potential of lawsuits, although none are pending at this time, especially as long as we are making progress. It will be the Council's decision, ultimately, whether to adopt an ordinance and be prepared or simply try to keep the program going until we have to adopt an ordinance. We anticipate there will be four permits issued to this area. Although we are attempting to do a joint ordinance to consolidate efforts, there will still be separate schedules for certain policy decisions by each entity. 3.8-4 • OCTOBER 19, 2004 Clarence Barnett, representing Central Washington Homebuilders, gave a rebuttal of staff responses on two issues. He requested a clear understanding of the function and purpose of a stormwater control facility. The response states the facility was added upon legal advice. Mr. Barnett requested the legal opinion that necessitates adding the language to the ordinance or at least hear the arguments for clarification. They do not understand the scope as described in the August 17, 2004 Adjourned Meeting minutes and believe its beyond the scope of the stormwater facility. He commented that they understood the definition in the RCW but do not understand the definition supplied in the comments. Secondly, in response to number 19 which contains the whereas that the development of property adversely affects stormwater quality, they believe the word "may" should be inserted so it reads "may adversely affect ". There have been occasions when applying best management practices during development has corrected environmental situations. Michael Lieta expressed concern about holding a public hearing and making a decision at the same meeting. He said he had not yet received responses back to written comments he has submitted. He still believes there are many significant issues yet to be resolved before a final approval can be reached; items such as a true regionalization of the program and assessment rates. He also hasn't seen a formal DOE manual of compliance without which, we're trying to comply with an unknown. He appreciates the fact that staff has made many in -depth studies of this issue and advocates Council representing the community well by giving them due process before implementing a final ordinance. Mr. Waarvick believed Mr. Lieta's questions had been answered in writing and will meet with him to review their status. EDLER MOVED AND SIMS SECONDED TO SETA PUBLIC HEARING DATE OF NOVEMBER 16, 2004 AT 7:00 P.M. The motion carried by unanimous voice vote; McClure and Place absent. ORDINANCES *21. Consideration of Legislation relating to Tourism Promotion Area: A. Ordinance creating the Tourism Promotion Area Operating Fund ORDINANCE NO. 2004-62, AN ORDINANCE relating to funds and accounts; creating a Tourism Promotion Area Fund; designating the sources of revenue and permissible expenditures from such fund; and enacting Chapter 3.117 "Tourism Promotion Area Fund" as a new Chapter and Sections 3.117.010, 3.117.020 and 3.117.030 as new sections of the City of Yakima Municipal Code. B. First reading of Ordinance amending the 2004 budget and appropriating funds to promote Yakima as a tourism destination An Ordinance amending the 2004 budget and appropriating funds for the promotion of Yakima as a tourism destination, was read by title only, and laid on the table until November 2, 2004 for a second reading. 8 385 OCTOBER 19, 2004 *22. Consideration of Ordinance accepting the Hearing Examiner's recommendation and rezoning property at South 38 Avenue and West Nob Hill Blvd., requested by Gary Carnevali and Frank Paganelli d /b /a Nob Hill Enterprises ORDINANCE NO. 2004 -63, AN ORDINANCE concerning land use regulation and planning and rezoning, with conditions, two parcels of property located in the vicinity of Nob Hill Blvd. at South 38 Ave. from Local Business (B -2) (in part) and Two - Family Residential (R -2) (in part) to Small Convenience Center (SCC) as more fully described herein, and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same; Gary Carnevali and Frank Paganelli d /b /a Nob Hill Enterprises, as applicants herein. *23. Second reading of Ordinance amending the 2004 budget relating to Fire, EMS, and City Clerk Records Budgets ORDINANCE NO. 2004 -64, AN ORDINANCE amending the 2004 budget for the City of Yakima; and making an appropriation of $90,000 in the 000 - General and $11,000 in the 150 — Emergency Services Funds for expenditure during 2004 to provide for negotiated wages and benefits for the International. Associates of Firefighters (IAFF); and making an appropriation of $34,000 in the 000 - General Fund for additional election costs. 24. Other Business • Recycling Council Member Bonlender asked staff to explore an offer from Leslie Wahl, Yakima Valley Audubon Society, to conduct a recycling study on behalf of the City Council. • Graffiti removal The question was raised as to status of graffiti removal on property of owners who refuse to remove it and won't let the city do it. Assistant City Manager Rice will check with Assistant City Attorney Cynthia Martinez. • Street renaming A status report was given by Assistant City Manager Rice. Another letter is coming out on this issue and it should be brought up for discussion again to make a decision. Although budgets are on the schedule until the first of December, if action could be taken on this, it could become part of the January 2005 Martin Luther King, Jr. celebration. Council Member Bonlender suggested it be an agenda item for the second meeting in December. • Congdon issue Council Member Edler asked for clarification of what Cliff Adams submitted on the Congdon issue earlier in the meeting. City Attorney Paolella said he believed Mr. Adams was requesting the City to withdraw the requirement to do an 9 I 386 OCTOBER 19, 2004 environmental statement on the Comprehensive Plan amendment process. The Congdon Orchards organization did file an appeal to the City Council some months ago when that EIS requirement was issued by the City. It did not go to a hearing because, eventually, Congdon withdrew their appeal. That made that decision legally final and there is no other legal basis for changing the requirement. . Information Items: Items of information provided to Council were: Agenda for the October 22, 2004 Gateway Sports Complex Sneak Preview and October 23, 2004 Gateway Sports Complex Pro /Celeb Inaugural Game; Draft Agenda for the November 15, 2004 Fall Transportation Forum; Agenda for the October 20, 2004 Community Review Board meeting; Agenda for the October 20, 2004 City Council Transit Committee meeting; Eastern Washington Water Alliance October 2004 newsletter ; Article from October 10, 2004 newspaper, "Improving Our Communications Skills Boosts Understanding "; Agenda for the October 18, 2004 Parks and Recreation Commission and minutes of its September 13, 2004 meeting; Report on Damage Claims Filed during the Month of September 2004; Planning Division Assignments Pending as of October 19, 2004; The United States Interagency Council on Homelessness e- newsletter; 10/7/04; Article from October 4,-2004 Seattle Times, "A rat in the toilet? Time to call the county's `sewer baiter "'; and Article from October 8, 2004 Yakima Valley Business Times, "Hearings May Bring Breaks in Congdon Land Quagmire" 25. Executive Session EDLER MOVED AND BONLENDER TO MOVE INTO EXECUTIVE SESSION REGARDING PENDING LITIGATION FOR APPROXIMATELY 45 MINUTES AND THEN TO ADJOURN TO 5:30 P.M. ON OCTOBER 26, 2004 FOR A STUDY SESSION TO REVIEW PROPOSED AMENDMENTS TO THE AIRPORT LAND USE COMPATIBILITY REGULATIONS. The motion carried by unanimous voice vote; McClure and Place absent. 26. Adjournment The meeting adjourned at 4:05 p.m. READ AND CERTIFIED ACCURATE BY M MBER w `/ DATE —2.5 O,S COU CIL MEMBE - DATE • ATTEST: KCIAL 6 Q CITY CLERK PAUL P. GEORGE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 10