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HomeMy WebLinkAbout07/19/2005 Business Meeting 191. CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JULY 19, 2005 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella, and Acting City Clerk Watkins , 2. Invocation /Pledge of Allegiance Council Member Bonlender gave the invocation followed by the Pledge of Allegiance led by Council Member Sims. 3. Open Discussion for the Good of The Order /Special Presentations Council Member Bonlender announced that tomorrow was Council Member Place's birthday and led everyone in singing happy birthday to her. A. Proclamations None B. Introduction of Page Scott, Yakima Valley Conference of Governments - Director Mayor George introduced Page Scott, the new Executive Director of YVCOG. Ms. Scott came on board on July 1 St and most recently came from Olympia. C. Citizen service requests None D. Consideration of appointments to boards and commissions BONLENDER MOVED AND PLACE SECONDED TO REAPPOINT DICK ECKLE AND DAN MARPLES FOR FOUR -YEAR TERMS ON THE PUBLIC FACILITIES DISTRICT BOARD. The motion carried by unanimous voice vote. SIMS MOVED AND PLACE SECONDED TO APPOINT EVE SEMON TO FILL THE VACANT POSITION ON THE PUBLIC FACILITIES DISTRICT BOARD. The motion carried by unanimous voice vote. McCLURE MOVED AND PLACE SECONDED TO APPOINT JORGE RODRIGUEZ TO THE HOUSING AUTHORITY BOARD. The motion carried by unanimous voice vote. 198 JULY 19, 2005, E. Yard of the Month Presentation Lynn Quesenbury, Parks and Recreation Administrative Specialist, announced July's Yard -of- the -Month recipients: Council District 1 Thomas C. Wilson, Jr. 910 South 31 Avenue Council District 4 Cathy Shumacher 5 South 44 Avenue Following a video showing the yards of the month, a certificate was presented to Judy Wilson (mother of the winner) who was present to accept her certificate. Cathy Shumacher was unavailable. 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. Agenda Item No. 8 was replaced by a report and placed on consent. Item No. 9 was removed from consent and Item No. 12 was removed from the agenda. The Acting 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. (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 FEBRUARY 22, 2005 ADJOURNED MEETING AND THE JULY 5, 2005 BUSINESS MEETING. The minutes of the February 22, 2005 Adjourned and the July 5, 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 Howard Hinton, 203 Rancho Lane, submitted pictures of 4701 Summitview, a property with weed and other code problems. George Cosen is the property owner. Mr. Hinton reported it also causes a clearview problem for Rancho Lane. It was noted that this item should go through the Code Enforcement Department and then be referred on to the Community Review Board. Mr. Hinton also brought up the issue of loud compression brakes being used on Summitview Avenue. Council requested staff to bring back an ordinance outlawing the use of compression brakes within the city limits. 2 19.9 JULY 19, 2005 CITY MANAGER'S REPORTS 6. Consideration of Resolution regarding hazardous vegetation and debris Royale Schneider, Code Compliance Officer, addressed the property at 15 North 40 Avenue. A letter was sent to the property owner on June 17 with a deadline for correction t o t 28 No response has been received and there has been no change to the condition of the property to date. The City Clerk read the resolution by title; SIMS MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. • RESOLUTION NO. R- 2005 -112 , A RESOLUTION authorizing the Code Administration and Planning Manager to clear certain weedy lots. Mike Murphy, 4411 Snow Mountain Road, referenced the Cosen property discussed during Audience Participation, noting that he has brought this issue before Council on numerous occasions. He told of a 250 lb pig that is also living in the back yard. He spoke about other properties that need to be corrected and emphasized, as he does at most Council meetings, that we need to have "teeth in our laws" in order to deal with these eyesores. Al Marquez, 613 North 3 Street, described a weedy area next to the railroad tracks near his house. He was under the impression that the property belonged to the City and he has been maintaining it out of the goodness of his heart. He claimed he received a letter from the City saying he has to continue maintaining it and he is not going to do it anymore. Council Member Place informed him that is not City property, it belongs to the railroad and we regularly send notices to the railroad asking them to maintain their property. • Council Member Edler raised the question of the deplorable condition of the Tiger Bin properties on 24 Avenue and Nob Hill Boulevard and the one at 56 and Summitview.Avenues. City Manager Zais explained that is an issue we have been struggling with for a number of years. The property has been tied up in federal court with the oil company. There are efforts being made to try to deal with it. It's in bankruptcy and it has been a struggle get attention to the code violations as it's intermixed with EPA and DOE with regard to the status of the fuel tanks. The property owners are Tiger Oil and EXXON Mobil. The problem has been how to penetrate the bankruptcy shield. 7. Consideration of report from Parks and Finance regarding proposed financing plan for Parks 2005 Capital Improvements: A. Water play park improvements at Miller and Washington Pool sites B. Funding for completion of ball fields at Kiwanis Park C. Funding for eastside youth skate park D. Future improvements plan for Upper Kiwanis Park youth sports /recreation facilities E. Motion establishing a task force for regional aquatics center F. Motion authorizing use of $17,000 from the Contingency Fund to repair Franklin Pool City Manager Zais introduced this item noting that last March the City Council considered a recommendation from the Parks Commission, staff, and the Budget 3 20 0 JULY 19, 2005 Strategy Team with respect to the future of city pools. After discussion, a vote was taken to close Eisenhower Pool and Miller Pool this year. Washington Pool was allowed to remain open with a recommended closure in 2006 depending upon further evaluation of its use. A study session was held in June with respect to future improvements at those sites and an aquatics facility. At the study session, direction was given to bring back a plan for making capital improvements by reinvesting savings from the pool closures over the next several years and investing in youth aquatics activities with an emphasis on the East side. With Council's concurrence, we will issue a Councilmatic bond in the amount of $780,000 with debt service from the savings on the pools. Mr. Zais went on to describe the detailed report supplied to Council with the cost breakdowns. Areas that will be affected are a new water playground at Miller Park, as well as one at the Martin Luther King Park area, and the fourth ball field at Kiwanis Park. Moving forward on an aquatics center is also being looked into as is a skate park at Kiwanis Park. Council Members McClure and Edler are volunteering to co -chair an aquatics task force consisting of interested parties that support aquatics programs in the communities. They will be brought together for a major study and to help with design support through consulting services Public Works Director, Chris Waarvick, explained the need for a consultant in the planning stages of a potential $10 million dollar or more facility. They will begin the RFP process. Council Member Place asked if this would mean permanent closure of both Eisenhower and Washington pools. The answer was yes. Debbie Wadleigh, Aquatics Supervisor, gave an overview of this summer's pool attendance. Instruction program usage is way up, and recreational swimming is down but that could be due to weather. In response to questions, Council was assured that Franklin and Lions pools should have enough capacity even with the closure of the other pools. Denise Nichols, Parks and Recreation Manager, answered Council's questions on aquatic centers she has seen and the success other areas have had with water playground. She then summarized what is being asked of Council today: Approval of 1) Phase 1 Capital Improvement Projects 2) Fourth ball field at Kiwanis Park 3) Eastside skate park (contingent on private funding) 4) Councilmatic Bond for $780,000 5) Creation of Aquatic Task Force (Council Members Edler and McClure as co chairs) 6) $17,000 from contingency funds for necessary repairs to Franklin Pool Gailen Gentry and David Severson with Apple Valley Kiwanis, spoke about the Eastside skate board park project. They first proposed the idea in April of 2002 and have been busy raising money and putting plans together since that time. They currently have raised about $5,000 and are looking into Block Grant money to help obtain the $30,000 needed for the initial design. Although the plans call for it to be built in 2007, if the money can be raised before the end of 2006, they could begin sooner. Mrs. Nichols explained that it was put into 2007 in order to get the needed donations as well as tying it into the upper Kiwanis development plans. 4 z JULY 19, 2005 Mike Nixon, Parks Recreation Commission, told Council that the Commission has not had the opportunity to review all of these details due to a lack of a quorum last month. However, these items are well within the discussions the Commission has already had. He spoke on behalf of the Commission and encouraged Council to approve the request. It was noted that Mike Nixon and other members of the Parks and Recreation Commission should be on the new aquatics Task Force being formed. It was also stressed that this new committee needs to get moving quickly. Al Marquez, 615 North 3rd Street, spoke against the increased prices for pools and the need to ride a bus to go swimming since Miller Pool has been closed. He was in support of a new skate park but spoke against the pool closures. He pointed out that with three Council member positions up for election this year, there may be different ideas on the pools. As a result, he recommended not voting on any of this at this time. SIMS MOVED AND PLACE SECONDED TO ACCEPT STAFF RECOMMENDATIONS A THRU G. The motion carried by unanimous voice vote. Council Member Bonlender asked to be included on the task force. *8. Consideration of Resolution authorizing execution and submission of an application for an SIED grant/loan for the Yakima Air Park at McAllister Field • (Available Monday) A report submitted to Council, replacing the resolution, was accepted. 9. Consideration of Resolution in support of the WSDOT 1 -90, Snoqualmie Pass Project Council Member Place spoke about the importance of showing support for this project as a community voice. Council Members McClure and Edler also spoke in support of the resolution. Council Member Edler suggested that the City should draft a resolution that stands opposed to the initiative that is trying to strike down the gas tax. Council Member Place suggested getting together with Selah, Union Gap, and the County. City Manager Zais explained that in cases where there is a ballot proposition, Council has three choices; staying neutral, or developing a policy position to favor or oppose it. It was his suggestion to engage sister cities and the County and consider holding a major joint public hearing at the Convention Center. There is close to $75 million of benefit coming from the gas tax that will affect all of our jurisdictions. A joint hearing would send a more significant message to the public. The Acting City Clerk read the resolution. PLACE MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous voice vote. RESOLUTION NO. R- 2005 -113, A RESOLUTION of the Yakima City Council supporting the 1 -90 Snoqualmie Pass Project as proposed by the Washington State Department of Transportation. *10. Consideration of Resolution approving the Second Quarter 2005 Claim Report RESOLUTION NO. R- 2005 -114 , A RESOLUTION accepting and approving the 2nd Quarter 2005 Claim Report for the City of Yakima. 5 202 - JULY 19, 2005 *11. Set date of Closed Record Public Hearing for August 2, 2005 to consider the Hearing Examiner's recommendation regarding a rezone of property located at 1005 W. Washington Avenue, requested by Ron Valicoff August 2, 2005 was set as the date of closed record public hearing to consider the Hearing Examiner's recommendation regarding a rezone of property located at 1005 W. Washington Avenue, requested by Ron Valicoff. 12. Set date of public hearing for August 2, 2005 to consider amendments to the Consolidated Plan for Economic Development Project This item was removed from the agenda. QUASI- JUDICIAL PUBLIC HEARINGS 13. Closed record public hearing to consider the Hearing Examiner's recommendation for a rezone of property located in the vicinity of the northwest corner of Valley Mall Boulevard and Old Town Road requested by J. Lawrence Wright, et al Mary Lovell, Associate Planner, explained that this is a closed record public hearing on a rezone application for two parcels totaling 45 acres. It is currently zoned M -1, Light Industrial, and the request is to change it to CBDS, Central Business District Support. An open record hearing was held May 12, 2005 at which there was no opposition to the request. On May 28, 2005, the Hearing Examiner rendered a recommendation to approve. Staff recommends upholding the Hearing Examiner's recommendation. Council Members had no Ex Parte contact to report. • Acting Mayor McClure opened the hearing (Mayor George temporarily stepped out) Bill Hordan, 410 North 2nd Street, spoke on behalf of the applicant. He claimed this was a non - controversial rezone; there were no letters of opposition, and no one had appeared at the hearing. Bryan Evenson, Attorney for Larry Wright, answered questions Council Member Place had asked about the wetlands issue. The Corps of Engineering declined wetlands on this property. If necessary, it can be addressed when development plans come forward. . Mayor George closed the public hearing SIMS MOVED AND WHITMAN SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous roll call vote. At 4:00 p.m. Council Member Bonlender left the meeting (having been previously excused) 14. Closed Record Public Hearing to consider the Preliminary Plat of Cottonwood Grove Phases 3 through 7; Cottonwood Partners, LLC; What the Hay, LLC, Developers. Bruce Benson, Planning Supervisor, described the master application as 1) a rezone of 32 acres from R -1 Single Family Residential to R -2 Two - Family Residential; 2) a Class 2 Land Use Review, and 3) a subdivision of 63.5 acres into 228 lots. This 6 2.03 JULY 19, 2005 request covers an additional five phases to the original Cottonwood Grove long plat approved by Yakima County. During the staff review it was determined development standards were met and six requirements for mitigation were included. A Mitigated Determination of Nonsignificance (MDNS) was issued March 28, 2005 and was not • appealed. On May 26 the Hearing Examiner held an Open Record Public Hearing at which only proponents spoke. Although the property is not shown in a flood plain, it has experienced flooding from Shaw Creek. In light of that flooding, the Hearing • Examiner required installation of flood control measures similar to those issued by Yakima County when they granted approval to Cottonwood phases 1 and 2. Staff supports all elements of the Hearing Examiner recommendation and recommends appropriate legislation be prepared. Council Members questioned the flooding concerns and mitigation details were discussed in detail. Mayor George opened the public hearing Bill Hordan, 410 North 2nd Street, also described the project and process to date. He addressed the plans to deal with any flooding concerns. Council Member Place questioned whether a letter distributed today from the West Valley School District constituted new information. City Attorney, Ray Paolella, read RCW 58.17.110, subsection 2, which refers to the requirement for a written finding relating to schools and student welfare. The West Valley letter refers to facts that are already in the record. The issue must be considered under state law. Council Member Place stated concern about the lack of sidewalks. Ken Harper, outside legal counsel for the City, said state law requires this body (Council) to find a safe way for kids to get to and from school. The Hearing Examiner had a brief discussion on that point and the applicant may want to raise this issue as well. Council Member Sims " asked to what extent is it the responsibility of the developer to create a walking path through school district property. Bill Cook, Director of Community and Economic ' Development, clarified the details of what has been discussed and planned to date. There is a commitment that on the sale of this land, a gate will be put in that would allow students from the neighborhood to walk through this property to the school. Bill Hordan reviewed the details of the plans relating to this requirement and said they believe they have everything needed for approval. Rich Hochrein, 1799 Stein Road, spoke as the developer of the project and commented that the people who had been in opposition during the first two phases were now supportive. He then addressed the school walkway issue stating that sidewalks would be safer than an unpatrolled pathway. Ken Harper noted that the Hearing Examiner, in his findings, said that sidewalks on both sides of the streets would provide safer walking conditions. Mr. Harper suggested that the Council may wish to have that included in the recommendation. Eric Bartrand, Washington Department of Fish & Wildlife, spoke to the Shaw Creek/Ditch sheet flooding issue. He claimed that people in this area are going to get wet unless there is a way figured out to conduct the water appropriately. He then claimed he did not receive notification of the Hearing Examiner's meetings. During discussion it was noted that Mr. Bartrand had supplied written comments and 7 204 JULY 19, 2005 supplementary information for consideration. Mr. Bartrand requested a requirement for a hydraulic study by Fish and Wildlife be referenced in the conditions. City Manager Zais advised that the developer will need to address those issues when getting permits. With regard to the notification process, Bill Cook advised that Mr. Bartrand's comments came in through the SEPA process. They were reviewed but staff did not see that the developer was responsible for what is upstream. He said he called the referenced phone number and spoke with Mr. Bartrand's supervisor to tell them the process and the deadline for SEPA appeal. Council Member McClure suggested Shaw Creek be added as a body of the state. • Mayor George closed the public hearing PLACED MOVED AND SIMS SECONDED TO ADOPT THE HEARING EXAMINERS RECOMMENDATION WITH THE ADDITION OF ITEM NO. 15 AS A CONDITION. The motion carried by unanimous roll call vote; Bonlender absent. 15. Other Business Council Member Whitman introduced her service dog, Murphy. He is trained to assist with hearing loss and balance issues. • Information items Items of information provided to Council were: 8/10/05 News Release re: Political Signs Need to be Placed Properly; 6/21/05 Memorandum from Water /Irrigation Manager re: Annual Fire Hydrant Testing; Agenda for the August 10, 2005 Bike and Pedestrian Advisory Committee and minutes of its July 13, 2005 meeting; Agenda for the August 15, 2005 Parks and Recreation Commission meeting and minutes of its May 16, 2005 meeting; Agenda for the August 15, 2005 Yakima Valley Conference of Governments meeting and minutes of its July 18, 2005 meeting; Agenda for the August 15, 2005 Yakima Valley MPO /RTPO Executive Committee & Policy Board meeting and minutes of its July 18, 2005 meeting; Minutes of the May 26, June 30, and July 28, 2005 Citizen Police Advisory Committee; August 2005 Yakima Valley Conference of Governments Newsletter; Planning Division Assignments Pending as of August 16, 2005; Article from the August 6, 2005 The Olympian, "Decades of changes alter Red Delicious "; Article from the August 3, 2005 Seattle Post - Intelligencer, "Nickels wants builders to fund parks "; Article from the August 7, 2005 Seattle Post - Intelligencer, "P -I Focus: Is it time to retire Seattle's leadership ?" 16. Executive Session regarding pending and prospective litigation and disposition of property McCLURE MOVED AND PLACE SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR APPROXIMATELY 60 MINUTES TO DISCUSS PENDING AND PROSPECTIVE LITIGATION AND THEN TO JULY 25, 2005 AT 6:00 P.M. AT UNION GAP CITY HALL FOR A JOINT STUDY SESSION WITH UNION GAP REGARDING GANG ISSUES. The motion carried by unanimous voice vote; Bonlender absent. 8