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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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