HomeMy WebLinkAbout02/15/2005 Business Meeting 6; 2
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
FEBRUARY 15, 2005 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present:
Council: Mayor Paul George, presiding, Council Members Ron Bonlender,
Mary Place, Bernard Sims, and Susan Whitman
Staff: Assistant City Manager Rice, Assistant City Attorney McMurray, and
City Clerk Roberts
Absent: Council Members Dave Edler and Neil McClure (excused)
2. Invocation /Pledge of Allegiance
Council Member Bonlender 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 announced that, in order to accommodate County Commissioner
Gamache's schedule, Audience Participation would be entertained after Item No. 15.
A. Proclamations
Centennial Rotary International Day
Mayor George read a proclamation declaring February 23, 2005 as Centennial Rotary
International Day involving both the Downtown Sunrise and Southwest Rotary Clubs.
Darrel Blue and Dave Lenihan accepted a proclamation for the Sunrise Rotary Club
and Jim Black accepted one for the Southwest Rotary Club.
Arts Day
Council Member Place read a proclamation declaring February 15, 2005 as Arts Day
2005 in Yakima. Barbara Greco, representing For a Better Tomorrow, accepted the
proclamation.
Peace Corps Week
Council Member Whitman read a proclamation declaring February 28 -March 6 as
Peace Corps Week. Bill Cook accepted the proclamation and showed a short film clip
on Peace Corps Week, which promotes world peace and friendship.
Mayor George read a February 3, 2005 letter from the mayor of Grandview to our fire
chief that expressed appreciation for the City's assistance to the Wilbur -Ellis Chemical
Fire in Grandview.
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B. Appointments to Boards and Commissions (if any)
None.
C. Special Presentations
Homeless Network
Tim Sullivan, co -chair of the Homeless Network, gave a presentation about
their network that consists of 40 organizations working as advocates for the
homeless in Yakima County, several of them represented here today. Leisel
Hinze, a caseworker for Coalition for the Homeless, provided statistics
garnered from a survey concerning the homeless. Council Member Bonlender
read a proclamation declaring the City's support of the goals and strategies
expressed in the Homeless Network of Yakima County Ten Year Plan to End
Chronic Homelessness. Tim Sullivan accepted the proclamation.
D. Status report on prior meeting's citizen service request (if any)
None.
4. Consent Agenda
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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. There were no changes. The City Clerk read the Consent
Agenda items, including resolutions and ordinances by title. SIMS MOVED AND
PLACE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The
motion carried by unanimous roll call vote; Edler and McClure 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 November 16, 2004 Adjourned meeting,
and the January 4 and 18, 2005 Business meetings
The minutes of the November 16, 2004 Adjourned meeting, and the January 4
and 18, 2005 Business meetings 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
See discussion after Item No. 15
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JOINT PUBLIC HEARING WITH YAKIMA COUNTY COMMISSIONERS
6. Joint public hearing with Yakima County to consider the 2004 Urban Area
Comprehensive Plan amendment applications
Ron Gamache, chair of the Yakima County Commissioners, was present to
participate in the joint hearing.
• Staff Remarks
Bruce Benson, City Supervising Planner, reviewed the nine applications
received in 2004 to amend the Urban Area Comprehensive Plan, eight of which
concern properties located within the city limits (future land use map
amendments), and one requests a text amendment that could affect property
located within the Yakima Urban Area. An application from Yakima Valley
Community College was withdrawn. Applications from Yakima Valley Memorial
Hospital, Nazir Kamali, and the Neighbors for Responsible Development will
not be considered at this hearing because staff is waiting for environmental
reviews for them to be completed.
• Mayor George opened the joint public hearing
1) CPA #1 -04, Ron Valicoff, 1005 Washington Avenue — requested change
from medium density residential to neighborhood commercial
Bruce Benson reported that the Regional Planning Commission recommended
approval of this request. Bill Hordan, 410 S. 2nd Street, representing his
client, Ron Valicoff, stated the purpose of this request is to permit his client to
expand his business at 10 Avenue and Washington. PLACE MOVED, AND
BONLENDER SECONDED, TO ACCEPT THE REGIONAL PLANNING
COMMISSION'S RECOMMENDATION AND FINDINGS AND DIRECT THE
LEGAL DEPARTMENT TO PREPARE THE APPROPRIATE LEGISLATION.
The motion carried by unanimous City and County roll call vote; Edler and
McClure absent.
2) CPA #3 -04, David Trujillo, 3805 Tieton Drive — requested change from low
density residential to neighborhood commercial
Bruce Benson reported that the property in question is located next to the
existing animal clinic on Tieton Drive. Mr. Trujillo has a home occupation
professional office there now and would like to change the zoning from low
density to neighborhood commercial (B -2). The Regional Planning Commission
added a condition that, at the time of rezoning, the buffering requirements
should be affirmed and future requests should be restricted to protect the
adjoining residential properties. No citizen came forward to speak to this issue. -
PLACE MOVED AND SIMS SECONDED TO ACCEPT THE REGIONAL
PLANNING COMMISSION'S WRITTEN FINDINGS AND
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RECOMMENDATION AND DIRECT THE LEGAL DEPARTMENT TO
PREPARE THE APPROPRIATE LEGISLATION. The motion carried by
unanimous City and County roll call vote; Edler and McClure absent.
3) CPA #4 -04, James Noel, 1814 S. 10 Avenue requested change from
medium density residential to neighborhood commercial.
Bruce Benson reported that the Regional Planning Commission (RPC)
recommended approval but asked that a condition be attached that at the time
of rezone, the buffering between the residences and the B -2 zone be
reaffirmed. The activity should be restricted to protect the residential property.
Tom Durant, Durant Development Corporation, representing James Noel,
applicant, advised that his client agrees with the recommendation of staff and
the Regional Planning Commission. He commented for the record against the
condition requested by the RPC. It is appropriate that there be a hard line
drawn to not encroach on the existing residences; however, the property to the
north is occupied by a building that was once used for commercial purposes
and to the west is a mini - storage facility. He hoped that staff would consider
the rezone on its merit and not put a hard line on the north boundary of this
property since we don't know what will happen to that commercial building.
Bruce Benson pointed out that anyone who owns property to the north can
come back and be considered for a rezone in the future. The RPC felt that this
condition was appropriate and would not prohibit a change in the future.
PLACE MOVED AND SIMS SECONDED TO ACCEPT THE REGIONAL
PLANNING COMMISSION'S WRITTEN FINDINGS AND
RECOMMENDATION AND DIRECT THE LEGAL DEPARTMENT TO
PREPARE THE APPROPRIATE LEGISLATION. The motion carried by
unanimous City and County roll call vote; Edler and McClure absent.
4) CPA #6 -04, Francisco Luna, 1407 & 1409 S. 16 Street — requested
change from medium density residential to arterial commercial.
Bruce Benson reviewed the request, stating that the property owner would
return with a request to rezone this property to CBDS. Bill Hordan stated he
prepared the application for the applicant. The property is surrounded by
commercial and there was no neighborhood opposition to this request. The
applicant is thinking about placing a commercial venture on this property.
BONLENDER MOVED AND PLACE SECONDED TO ACCEPT THE
REGIONAL PLANNING COMMISSION'S WRITTEN FINDINGS AND
RECOMMENDATION AND DIRECT THE LEGAL DEPARTMENT TO
PREPARE THE APPROPRIATE LEGISLATION. The motion carried by
unanimous City and Council roll call vote; Edler and McClure absent.
5) CPA #9 -04, Catholic Bishop of Yakima, 5301 Tieton Drive — requested
change from low density residential to high density residential.
Bruce Benson reviewed the application, stating the Diocese has plans for
Section 202 Housing. Currently the property is low density residential and
would require a map change to high density and a future R -3 rezone of the
property. The Regional Planning Commission asked that the size of the
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requested property be reduced and a legal description was prepared. This
would then include land to the south of the grade school along Chestnut to the
north of the church and to the west of the stadium. This would be about 5 3 /4
acres. The RPC has recommended approval and made a recommendation that
for any future changes of this site they would like to see a master plan
prepared for the entire area. Council Member Place stated she would like to
make sure that adequate notice is given to the whole neighborhood. Mr.
Benson remarked that we post to the extreme limits of the property and mail to
properties within 500 feet of the project. John Probst, 5301 Tieton Drive,
Diocese Housing Services, explained the project is to provide affordable
housing for senior citizens as a Section 202 funded project. He assumed that
notice would be given to the 500' area surrounding the total 33 acres and not
just 500' surrounding the 5 acres for this project. After this project is
developed, if the Diocese wants further development, then a Master Site Plan
would be prepared. If this were approved, they would submit a rezone
application and a plat. BONLENDER MOVED AND GAMACHE SECONDED
TO ACCEPT THE REGIONAL PLANNING COMMISSION'S WRITTEN
FINDINGS AND RECOMMENDATIONS AND DIRECT THE LEGAL
DEPARTMENT TO PREPARE THE APPROPRIATE LEGISLATION. The
motion carried by unanimous City and County roll call vote; Edler and McClure
absent.
• Mayor George closed the joint public hearing
County Commissioner Gamache was absent after 3:18 p.m.
CITY MANAGER'S REPORTS
7. Review of 2005 State legislative issues / current bill status report
Mayor George announced that tomorrow, he, Council Members Place and Whitman,
and a few staff members will travel to Olympia for the AWC legislative conference.
Michael Morales, Economic and Community Specialist, reviewed the list of legislative
issues, including a transportation options bill that was added today. This bill, #1989,
would give local governments choices regarding investments for transportation. A
second update since Friday's packet is a bill for streamlined sales tax (SST);
however, it does not meet standards in a previous bill regarding mitigation to
affected cities. We would be opposed to the new bill, SB 5908, and neutral to the
previous bill, SB 5622. Another item is the dangerous dog bill that as proposed,
would invalidate the City's current ordinance. Council Member Place stated this bill
has been revised so that it would pretty much only affect dogs that are traveling
through our city. Responding to Council Member Sims' concern regarding SB 5505
relating to stormwater, Mr. Morales stated that staff is watching that bill since right
now it would only apply to certain counties on the west side of the state. The cut -off
date to submit legislation is February 25. He stated that Council would be kept
apprised as bills are introduced or changed.
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*8. Consideration of Resolution authorizing execution of contract with Artifacts,
Inc., for historic preservation professional services
RESOLUTION NO. R- 2005 -39, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a consultant agreement between the
City of Yakima and Artifacts Consulting, Inc., for professional services related to
the creation of the Yakima Historic Preservation Commission and a Yakima
Register of Historic Places.
*9. Consideration of Resolution encouraging the National Oceanographic and
Atmospheric Administration to consider all data when reviewing steelhead as
an endangered species
RESOLUTION NO. R- 2005 -40, A RESOLUTION encouraging NOAA Fisheries to
carefully consider best available information for steelhead status review, including
the Mid - Columbia Steelhead ESU Report prepared by S. P. Cramer, et al.
*10. Consideration of Resolution authorizing the procurement of automated side
loading refuse truck as a sole source purchase
RESOLUTION NO. R- 2005 -41, A RESOLUTION authorizing the City Manager to
purchase up to one (1) Peterbilt 320 refuse truck with Wayne Engineering
Curbtender Automated Side Loading Refuse Body from Western Peterbilt, Inc., as
a sole source purchase without calling for bids for a purchase price of
$206,507.66, including applicable taxes.
*11. Consideration of Resolution approving the Preliminary Plat for Marvin
Gardens located in the vicinity of 3000 — 3100 block of Hathaway Avenue
RESOLUTION NO. R- 2005 -42, A RESOLUTION approving a preliminary long plat,
subject to certain conditions, for a twenty (20) lot subdivision to be located on
property (Parcel Nos. 1 81 31 4 -23438 through 181314-23449) on both sides of a
western extension of Hathaway Avenue to be constructed between North 30
Avenue and North 32 Avenue, Yakima, Washington.
ORDINANCES
12. Consideration of Ordinance amending the Municipal Code regarding parking
in the 16 -block downtown area (continued from 1/18/05)
Council Member Bonlender reported that the Downtown Association is
recommending that within the 16.block area the two -hour parking be converted to
three -hour free parking, the fee for employees in the parking lots be cut in half to
$20 a month, and expand the number of permits allowed in the lots. We want to get
both private and - government employee cars off the street. Council Member Sims
asked if the members addressed the residential parking needs and Council Member
Bonlender replied that they did not. Assistant City Attorney McMurray interjected that
this ordinance addresses residential parking permits, combining the old ordinance
into this ordinance at the request of the Downtown Association. Regarding the
review, or sunset clause, he pointed out that Section 1 in 9.50.220.A, states that on
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or about March 1, this ordinance would be reviewed. Council Member Bonlender
stated that if the other business associations want changes to this ordinance, it could
be reviewed sooner. The City Clerk read the ordinance by title. BONLENDER
MOVED AND PLACE SECONDED TO PASS THE ORDINANCE. The motion
carried by unanimous roll call vote; Edler and McClure absent.
ORDINANCE NO. 2005 -04, AN ORDINANCE relating to parking on streets in the
core business district, and parking and long term parking in parking lots owned by
the City of Yakima; increasing the street parking and city parking lot time limitation in
the core business district from two hours to three hours; expanding the persons
eligible to obtain a long -term parking permit for City -owned parking lots under YMC
9.50.215 to include residents and employees of businesses and government
agencies in said area; increasing the percentage of parking spaces available for
long -term parking permits in City -owned parking lots from thirty percent (30 %) to fifty
percent (50 %); decreasing the cost of long -term parking permits from forty dollars
($40) per month to twenty dollars ($20) per month; repealing section 9.50.205 of the
City of Yakima Municipal Code; amending sections 9.50.080, 9.50.215, and
9.50.220 of Chapter 9.50 of the City of Yakima Municipal Code.
13. Consideration of Ordinance amending the Municipal Code relating to graffiti
penalties, fees and citation authority and report on Paint -Out Graffiti Program
(continued from 2/1/05)
George Chappell, reported the Board of the Chamber of Commerce voted to support
the changes in the proposed ordinance. The City Clerk read the ordinance by title.
SIMS MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE.
Jerry Steinert, property owner of 801 -807 N. 1 Street, voiced his concerns
regarding this ordinance stating that it punishes the victims when it is the businesses
that sell the spray paint that need to be responsible. The ordinance should require
businesses that sell paint to obtain identification of the purchaser and limit the sale
to no more than two cans at a time. The graffiti is often gang related, yet when his
property was targeted and he called the Gang Enforcement Unit, they did not want
to speak with him. Mayor George stated that the ordinance regarding the sale of
spray paint cans limits the display area to a protected environment. Mr. Steinert
further commented that they have utilized the City's paint out program in the past,
but weren't pleased with the results. Council Member Sims expressed sympathy with
Mr. Steinert's frustration and promised to follow up on his comments regarding the
Gang Unit. He emphasized that we are focusing this change towards property
owners who refuse to paint over the graffiti. The ordinance requires the property
owner to paint over graffiti or to permit the City crew to paint over it, at no cost to the
property owner, using the property owner's paint, or paint provided by the City.
Council Member Bonlender pointed out that a property owner would not be subject
to the $400 fine if they are complying with the Ordinance. Speaking for Greg Bohn,
who could not be here today, Council Member Bonlender stated that Mr. Bohn gave
him pictures illustrating the graffiti in his neighborhood, but he doesn't have the
pictures with him today. Council Member Place suggested to Mr. Steinert that he
speak with Archie Mathews, the Paint -Out Program's supervisor. The question was
called for a vote on the Motion. The Motion carried by unanimous roll call vote;
Edler and McClure absent.
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ORDINANCE NO. 2005 -05, AN ORDINANCE relating to buildings; authorizing the
imposition of a monetary fine when a property owner fails to remove graffiti after the
"Notice to Abate Graffiti" has expired; amending the "Notice to Abate Graffiti" to
inform the property owner of the impending fine; amending Section 11.11.030 and
adding Section 11.11.035 of the City of Yakima Municipal Code.
*14. Consideration of Ordinances amending the Yakima Municipal Code and
adopting the International Building Codes:
A. Ordinance adopting, with amendments, the 2003 International Building
Code
ORDINANCE NO. 2005 -06, AN ORDINANCE relating to building codes and
related regulation; adopting, with certain amendments, the International Building
Code as the City of Yakima Building Code; repealing sections 11.04104.1,
11.04.104.2.8, 11.04.105.1, 11.04.105.2, 11.04.107.2, 11.04.107.2.1, 11.04.109.6,
11.04.109.7, 11.04.904.2.1, 11.04.1607.4.4, 11.04.1614, 11.04.1640,
11.04.1806.1, 11.04.3303.9, 11.04.3304, 11.04.3306.2, 11.04.3307, 11.04.3310.2,
and 11.04.3310.3 of Chapter 11.04 of the Yakima Municipal Code; amending
section 11.04.010 of Chapter 11.04 of the Yakima Municipal Code; and adding
new sections 11.04.020, 11.04.030, 11.04.040, 11.04.050, 11.04.110.5, 11.04.112,
11.04.202, 11.04.903.2, 11.04.1801, 11.04.1605.6, 11.04.1608.3.1, 11.04.3303.1,
11.04.3303.4, 11.04.3303.7, 11.04.1104.1, 11.04.J103.2, and 11.04J104 to
Chapter 11.04 of the Yakima Municipal Code.
B. Ordinance adopting the revised 1991 Washington State Energy Code
ORDINANCE NO. 2005 -07, AN ORDINANCE relating to building codes and
related regulation; adopting the revised Washington State Energy Code; amending
Section 11.05.010 of Chapter 11.05 (Energy Code) of the Yakima Municipal Code;
and repealing sections 11.05.020, 11.05.030, and 11.05.040 of Chapter 11.05 of
the Yakima Municipal Code.
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C. Ordinance adopting, with amendments, the 2003 International
Mechanical Code
ORDINANCE NO. 2005 -08, AN ORDINANCE relating to building codes and
related regulation; adopting, with certain amendments, the International.
Mechanical Code as the City of. Yakima Mechanical Code; repealing sections
11.32.030, 11.32.040, 11.32.050, 11.32.060, 11(32.070, 11.32.080, 11.32.090,
11.32.100, 11.32.110, and 11.32.120 of Chapter 11.32 of the Yakima Municipal
Code; amending sections 11.32.010 and 11.32.020 of Chapter 11.32 of the
Yakima Municipal Code; and adding new sections 11.32.101.1, 11.32.101.2.2,
11.32.105.2.1, 11.32.106.4, 11.32.106.4.7, 11.32.106.5.2, 11.32.109, 11.32.202,
11.32.401.5.2, 11.32.502.7.3.6, and 11.32.807 to Chapter 11.32 of the Yakima
Municipal Code.
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D. Ordinance adopting the 2003 International Residential Code
ORDINANCE NO. 2005 -09, AN ORDINANCE relating to building codes and
related regulation; adopting the International Residential Code as the City of
Yakima Residential Code; adding a new Chapter 11.22 to Title 11 of the Yakima
Municipal Code.
*15. Consideration of Ordinance authorizing the execution of documents relating
to a loan guarantee and note for HUD Section 108 loan financing program
ORDINANCE NO. 2005 -10, AN ORDINANCE of the City of Yakima, Washington,
approving and authorizing a loan guarantee contract and note and related
documents under Section 108 of the Housing and Urban Development Act of 1974,
as amended.
5. Audience Participation
Alan Landvoy and Katherine Belfay, Humane Society of Central Washington, stated
they were present in the event Council discussed a bill before the Legislature that
would ban specific breeds of dogs. Mr. Landvoy wanted to go on record as being
opposed to a breed specific ban such as what currently exists in the City. He stated
that stronger measures should be taken against the dog owner in the form of heavier
fines, rather than banning the dog. Council Member Place reported that there is a
Council Committee reviewing joint animal control services with our surrounding
communities, and in that process this committee wanted to review the City's
ordinances. Mr. Landvoy and Ms. Belfay indicated a desire to work with this
Committee.
Mayor George reminded James Evans that he has three minutes to speak about the
"everything" he indicated on his sign -up form. Mr. Evans taking exception to this
requirement became angry; thereupon, Mayor George declared him out of order and
asked him to leave.
16. Other Business
Mayor Place reported that we are seeking applications for the Police Advisory
Committee, needing representation from every ethnic group. She reported they are
interviewing applicants now for the two vacancies.
• Information Items
Information items provided to Council were: 12/11/05 News Release re: Yakima
Community to Welcome 737 Soldiers Home in Style; 2/10/05 News Release re: Annual
Report Points to Successes in 2004, Sets Path For 2005; 2/9/05 News Release from
Natural Resources Conservation Service re: High Temperatures, Low Precipitation Spell
Trouble for Washington's Water Supply Outlook; 2/10/05 Press Release from the Yakima
Regional Clean Air Authority re: First Stage Burn Ban Issued Effective Immediately; Crime
Summary and Monthly Chief of Police Report for November 2004; Report on Damage
Claims Filed during the Month of January 2005; February 2005 City of Yakima Issues Brief,
2/10/05 Press Release regarding Announcement of Congressional ESA Partnership;
Planning Division Assignments Pending as of February 15, 2005; 2/7/05 Press Release re:
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U.S. Environmental Protection Agency FY 2006 Budget Protects Public Health and
Environment; Article from the February 8, 2005 Associated Press, "Mayors, County Officials
Blast Bush Proposal to Overhaul Community Development Program "; 2/8/05 Memo from
The United States Conference of Mayors re: Staff Analysis of the President's Fiscal Year .
2006 Budget Request; and The Yakima Greenway, Winter 2005.
17. Executive Session regarding Pending Litigation and Personnel (Allow 1 hour)
SIMS MOVED AND BONLENDER SECONDED TO MOVE INTO EXECUTIVE
SESSION FOR APPROXIMATELY ONE HOUR FOR THE PURPOSE OF
DISCUSSING PEN DING LITIGATION AND PERSONNEL AND THEN ADJOURN
TO 7:30 A.M. ON FEBRUARY 22, 2005 FOR A STUDY SESSION. The motion
carried by unanimous voice vote; Edler and McClure absent.
18. Adjournment to February 22, 2005 at 7:30 a.m. for a Study Session on
recycling issues and litter abatement
Following the conclusion of the Executive Session, the meeting was adjourned at
5:17 p.m.
READ AND CERTIFIED ACCURATE BY f_ . .
COUNCI MBER DATE
COU CIL MEMB - DATE
ATTEST:
g er-64}-1) 2
CITY CLERK PAUL P. GEORGE, AYOR
Minutes prepared by Karen Roberts. An audio and video tape of this meeting are available in the City Clerk's
Office
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