HomeMy WebLinkAbout08/16/2005 Business Meeting •
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CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
AUGUST 16, 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, and Bernard Sims
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
Absent: Council Member Susan Whitman (excused)
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2. Invocation /Pledge of Allegiance •
Mayor George memorialized the anniversary of the end of World War II, 60 years
ago yesterday. Council Member Sims led the Pledge of Allegiance.
3. Open Discussion for the Good of The Order /Special Presentations
• A. Proclamations
None
B. Special Recognition of former City employee Dueane Calvin and City
employee Paul McMurray
Dave Brown, Water and Irrigation Manager, recognized the services Dueane Calvin
has performed for the City since his retirement two years ago. Dueane is moving to
Wyoming and, as a result, will no longer be doing contract work for the City. City
Manager Zais spoke about the role Dueane played in the settlement of the
Aquavella water rights issue.
City Attorney Ray Paolella recognized Assistant City Attorney Paul McMurray who
is leaving to become the City Attorney for Bainbridge Island, Washington. Both he
and City Manager Zais spoke highly of his efforts during his eleven years of service.
C. Special Presentations:
Yard of the Month
Lynn Quesenbury, Parks and Recreation Administrative Specialist, announced the
Yard -of- the -Month recipients.
District 1 Mike and Trish Leppa, 808 South 57 Avenue, and
Marge Cunningham, 6821 West King Street
District 2 Kevin McDonald, 1413 South 25 Avenue
District 4 Rich and Judy Ausink, 2302 West Chestnut Avenue
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Following a video showing the yards of the month, a certificate was presented to
the Leppa's, Marge Cunningham, and the Ausinks who were present.
D. Citizen service requests:
• Report regarding storm drainage system at 20 and Logan Avenues
Kay Adams, City Engineer, referred to a problem Mr. Broers has been having
for years with flooding during heavy rains. Brett Sheffield, our Stormwater
Engineer came up with an innovative idea and was able to save the City
money while still fixing the problem.
E. Consideration of appointments to boards and commissions
Council Member Sims noted that there are still openings on boards and
commissions. He made a plea to the public saying if they are interested in
volunteering and helping the community, to come to the City Clerk's office for
information and applications.
Council Member McClure gave an update on the Aquatic Task Force. They
have a tentative meeting scheduled for 8/23/05. A number of applications
have been received.
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. Items Nos. 7 and 8 were added and Item No. 9 was removed
from the Consent Agenda. The City Clerk read the Consent Agenda items,
including resolutions and ordinances by title. SIMS MOVED AND McCLURE
SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion
carried by unanimous roll call vote; Whitman 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 June 28, 2005 Business meeting
The minutes of the June 28, 2005 Business meeting were approved, having
been duly certified accurate by two Council members and no one present
wishing to have said minutes read publicly.
5. Audience Participation
Mike Hunnell, 913 South 4 th Avenue, requested the southwest corner of 3` Avenue
and Stewart Street be brought up to handicap accessibility guidelines. He related
how he had seen someone in a wheelchair fall over at that location. As a result of
being a homecare provider, he has a strong awareness of problems with handicap
accessibility and will continue to promote it at future Council meetings. He was
advised that City staff will look into this.
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AUGUST16, 2005
James Evans, 4405 Summitview Avenue, raised the issue of the condition of the
property around the Doty project and accused the Council of not doing anything
about the problem. He also spoke against redoing the downtown area with grant
money saying it won't accomplish anything. He felt it would be much better to take
the funding and fix the streets.
Mike Murphy, 4411 Snow Mountain Road, agreed with Mr. Evans. He restated the
sentiment he expresses at all Council meetings; that until the community is cleaned
up, new businesses won't come in. He then expressed his displeasure with the
increase in the utility bill and how hook up fees are being reduced.
CITY MANAGER'S REPORTS
6. Consideration of Resolution approving the 2005 Renewal Community
Commercial Revitalization Deduction Projects
Michael Morales, Community and Economic Development Specialist, reported the City
has allocated its full $12 million with the Commercial Revitalization Deduction. We will
have another $12 million to allocate in 2006. We have four more years of allocations
left. We have been very fortunate to allocate the full amount each year and that is a
good sign that we are attracting new businesses and expansions. There is a
committee of volunteers in place who make the tough allocation recommendations.
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; Whitman absent.
RESOLUTION NO. R- 2005 -126, A RESOLUTION approving projects for the 2005
allocation of the federal Renewal Community Revitalization Deduction, and directing
the City Manager to submit the list of approved projects to the Washington State
Department of Community, Trade and Economic Development (CTED) for ratification
and commitment.
*7. Notice of Intention to commence annexation proceedings. in the vicinity of 96th
Avenue (Adopt Standard Motions A & B to initiate annexation)
August 16, 2005 was set as the time of a meeting with the initiating parties who
have signed a Notice of Intent to Commence Annexation Proceedings, the
initiating parties being Ken and Dana Dwinnell Rose, et al. The annexation
proposed by the above parties was accepted by the City of Yakima, the area to
be annexed will be required to assume its share of the City's existing
indebtedness, and staff was directed to file a Notice of Intent to Annex with the
Yakima County Boundary Review Board.
*8. Consideration of Resolution authorizing execution of an interlocal agreement
with Washington State Transit Insurance Pool for Transit Division liability
insurance coverage
RESOLUTION NO. R- 2005 -127, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute the Washington State Transit Insurance
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AUGUST 16, 2005
Pool Interlocal Agreement, appointing the Yakima Transit Manager as Yakima
Transit's designated director to the Washington State Transit Insurance Pool Board of
Directors and the Public Works Director as alternate, and authorizing the Transit
Manager to execute all necessary documents, including Best Practices, as may be
necessary or appropriate to allow the City Transit Division to become a member of the
Washington State Transit Insurance Pool.
9. Consideration of Resolution authorizing execution of Memorandum of
Agreement with Yakima County and Yakima Waste Systems to promote and
advertise recycling and refuse and garbage removal services
Nancy Fortier, Refuse Manager, explained that the City is working with Yakima Waste
Systems and Yakima County to put information into the Dex/Qwest phone book
showing what services are available. Each entity will have their own pages with
information about hazardous waste, yard waste, and recycling. The information in
Dex/Qwest will list where people can take their recycling materials. Council Member
Bonlender expressed his opinion that we are not doing enough on recycling but this is
a step in the right direction to help promote and educate the public. The City Clerk
read the resolution by title; SIMS MOVED AND McCLURE SECONDED TO ADOPT
THE RESOLUTION. The motion carried by unanimous roll call vote; Whitman absent.
RESOLUTION NO. R- 2005 -128, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a Memorandum of Agreement between City
of Yakima, Yakima County and Yakima Waste Systems, Inc. to promote and advertise
recycling and refuse and garbage removal services
*10. Consideration of Resolution establishing a procedure relating to public works
contracting, creating a small works roster, and authorizing the execution of an
Interlocal Agreement with Yakima County
RESOLUTION NO. R- 2005 -129, A RESOLUTION establishing a procedure relating to
public works contracts and to create a small works roster process to award public
works contracts; and authorizing the City Manager to enter into an interlocal
agreement with Yakima County or other agencies to utilize that agency's small works
roster.
*11. Consideration of Resolution authorizing execution of professional services
contract amendment with Huibregtse Louman Associates for fourth softball
field at Kiwanis Park
RESOLUTION NO. R- 2005 -130, A RESOLUTION authorizing and directing the City
• Manager and the City Clerk of the City of Yakima to execute Addendum No. 5 to the
Agreement for Professional Services with Huibregtse, Louman Associates, Inc. adding
Design and Construction Engineering Services for the Fourth Softball Field at the
Yakima Gateway Sports Complex at Kiwanis Park.
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AUGUST 2005
*12. Consideration of Resolution authorizing execution of amendment to the Berger
Abam contract for design services relating to the Railroad Grade Separation
Project
RESOLUTION NO. R- 2005 -131, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute an additional supplemental agreement with BERGER /ABAM
engineers, Inc., for additional engineering and consulting services to proceed with the
next phase of the Railroad Grade Separation Project, and to extend the completion
date and term of the contract with BERGER /ABAM, Engineers, Inc. (City Contract No.
2003 -53) through March 31, 2007.
*13. Consideration of Resolution declaring an emergency and authorizing the repair
of the trolley tracks at 6 and Yakima Avenues without calling for bids
RESOLUTION NO. R- 2005 -132, A RESOLUTION declaring an emergency and
authorizing the City Manager to execute all necessary documents with Railworks
Track Systems, Inc. for the repair and /or reconstruction of trolley tracks at the
intersection of 6 Avenue and Yakima Avenue, Yakima, Washington without calling for
bids and at a cost not to exceed $40,000.00.
*14. Set date of public hearings for September 6, 2005 to consider:
A. Amendments to the SEPA Ordinance
September 6, 2005 was set as the date of public hearing to consider amendment to
the State Environmental Protection Act (SEPA) ordinance (Chapter 6.88 of the Yakima
Municipal Code).
B. Hearing Examiner recommendation regarding the right -of -way vacation
requested by Larry Loveless for property in the vicinity of South 80
Avenue and Tieton Drive
September 6, 2005 was set as the date of public hearing to consider the Hearing
Examiner's recommendation on a right -of -way vacation for property located in the
vicinity of South 80th Avenue and Tieton Drive, requested by Larry Loveless.
ORDINANCES
*15. Second reading of Ordinance amending the 2005 budget and appropriating
funds for mid -year adjustments for the Planning, Codes, and Hearing Examiner
budgets
An Ordinance amending the 2005 budget and appropriating funds for mid -year
adjustments for the Planning, Codes, and Hearing Examiner budgets,
previously having been read by title only, was brought before the Council for a
second reading.
ORDINANCE NO. 2005 -45, AN ORDINANCE amending the 2005 budget for the City
of Yakima; and making an appropriation of $95,000 within the 000 — General Fund for
expenditure during 2005 to provide for an increased volume of land use applications.
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AUGUST 16, 2005
*16. First reading of Ordinance amending the 2005 budget and appropriating funds
from the Irrigation Budget Operating Fund to the Irrigation Capital Fund
An Ordinance amending the 2005 budget and appropriating funds from the Irrigation
Budget Operating Fund to the Irrigation Capital Fund, was read by title only, and laid
on the table until September 6, 2005 for a second reading.
QUASI- JUDICIAL PUBLIC HEARINGS
17. Closed record public hearing to consider the Hearing Examiner's
recommendation regarding a rezone of property located at 1407 and 1409 South
16 Street requested by Francisco Luna
Jeff Peters, Assistant Planner, explained that this request will change the zoning of
subject properties from two - family residential (R -2) to Central Business District
Support (CBDS). On June 22 the Hearing Examiner held the required Open Record
Public Hearing and issued a recommendation for approval on July 7, 2005. Based on
the Comprehensive Plan Change, staff recommends upholding the Hearing
Examiner's recommendation. Council Member McClure asked about the CBDS
designation saying he doesn't understand that reference when the property is miles
from downtown. Mr. Peters said that when the City adopted the Growth Management
Act, that was the designation adopted. The plan was that the CBDS would support the
core of the city. He said that designation is being looked into with the 2006
Comprehensive Plan update. Council Member Place commented that she would like
to see the wording changed on page 4(iv) of the Hearing Examiner's report from "may
be" required to "shall be" required.
• Mayor George opened the public hearing
Bill Hordan, 410 North 2 nd Street was present on behalf of Francisco and Nancy Luna,
the property owners and spoke in support of the rezone.
• Mayor George closed the public hearing
SIMS MOVED AND EDLER SECONDED TO ACCEPT THE HEARING EXAMINER'S
RECOMMENDATION. The motion carried by unanimous roll call vote; Whitman
absent.
18. Closed record public hearing to consider the Hearing Examiner's
recommendation regarding a rezone of property located at 1814 South 10th
Avenue requested by James C. Noel
Vaughn McBride, Community Development Specialist, pointed out that this request
is to rezone property at 1814 South 10 from R -2 (two family residential) to B -2
(neighborhood commercial). The Hearing Examiner reviewed the application on July
14, 2005. The requested action began with a code compliance issue. The
Comprehensive Plan designation for this property was changed from Medium
Density Residential to Neighborhood Commercial on September 14, 2004. The
requested B -2 zoning is consistent with that designation. The next step will be for
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AUGUST 2005
the applicant to submit a Class 2 application for review of the actual uses of the land
at that location. There was no testimony submitted against the request at the public
review. Upon receipt of a Class 2 designation it will undergo review and will be
required to meet standards.
Council Member Sims noted that there had been some correspondence from
Mr. Valicoff since the hearing that Council had not seen. Mr. McBride clarified that
the correspondence did not deal with the actual 'rezone itself. Mr. Valicoff had been
asked by the Hearing Examiner at the hearing whether he opposed the rezone and
his response was no.
Council Member Place commented that this property was turned in because it was,
and still is, a mess. It is understood that this change is requested to allow some of
the current uses of the property. She asked what will happen on the other uses
Mr. Noel is doing that will not be allowed even with the rezone. Mr. McBride noted
that on page 7, item 6, it says "...any code compliance issues that still exist if the
rezone is granted will be addressed."
• Mayor George opened the public hearing
Tom Durant, Durant Development Services, 413 North Front Street, Suite 0,
representing Jim Noel and Noel Construction, pointed out that the property is
surrounded on two sides by B -2 zoning and the third side is a site approved for a
mini - storage. He also noted that the Hearing Examiner's decision said there were
no testimony letters in opposition presented. Other than Mr. Valicoff, who at the
hearing stated he wasn't opposed but he had some issues he wanted to put on the
record, there were no other objections, written or voiced. From a zoning standpoint,
there are no compatibility issues.
Ron Valicoff, PO Box 1109 Moxee, said his answer to the Hearing Examiner had
been taken out of context. He said when he was asked whether he agreed with the
rezone of the property he had said that he agreed the rezone would be fine in the
event it was for a construction office. He does not agree with the other permitted
uses that are going on there. He complained that there is a lot of debris coming
onto his property as well as truck traffic on 10 Avenue. Delivery trucks will block
the clearview for people leaving the car wash. He told about a building that was
erected in the spring of 2003 that he had been advised by the Codes Department
was a 30 -day temporary building and would be removed. There was no permit for it.
He also mentioned that there is water running onto his property that hasn't been
addressed. He then discussed the timing on the correspondence that he sent that
was not allowed to go to Council. He claimed he hadn't been advised it was
considered "new information" until this morning and that if he had known earlier, he
would have resubmitted it properly. Doug Maples, Planning and Code Enforcement
Manager responded that it took awhile for the e -mail to be researched by staff and
the Legal Department to determine whether it was considered "new information ". He
also assured Mr. Valicoff that the code compliance issues will be addressed
following the decision made today.
In response to Council questions, Mr. Maples clarified that when the applicant
applies for his Class 2 application, we will receive all the information about what he
is going to do on the property. Once that is known, they will look at what is going on
at the property and address it.
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•
Jim Noel, 321 North 84 Avenue, commented that he has been very responsive to
the City and will continue to be so.
• Mayor George closed the public hearing
PLACE MOVED AND McCLURE SECONDED • TO APPROVE THE HEARING
EXAMINER'S RECOMMENDATION WITH ALL CONDITIONS LISTED. The
motion carried by unanimous roll call vote; Whitman absent. Council Member Place
said she would like Code Enforcement to go into action on this property and hoped
that Mr. Noel is willing to clean up the property quickly.
• Code Enforcement update on the property
Royale Schneider, Code Enforcement Officer, said that during the summer the
property changes weekly. Mr. Noel technically runs two businesses out of there. He
has addressed the storage of bulk liquids for his car washes and no longer stores it
there as well as has cleaned up some odds and ends. But, with the ebb and flow of
the business, we will have to continue to monitor it. Mr. Maples said that they
haven't yet looked at the building to the extent of ho w it was built. An investigation
will happen now.
19. Other Business
• Westside Merchants Association
Council Member Edler spoke as the representative to the Westside Merchants
Association. They are very enthusiastic about monies allocated for downtown and
the upcoming improvements. They would like to remind Council and staff to allocate
money that would benefit the Westside Merchants as well. Council Member Sims
said Senator Deccio has asked for an overall plan of the whole area and we need to
have one fairly soon because this has to be addressed at the next legislative
session. He also noted there is a new group called The Partnership for Greater
Downtown that the Westside Merchants need to actively participate in it.
• Negative editorials
Council discussed whether they should respond to the recent editorials and stories
that reflected poorly on the City when the authors had not made prior contact with
the City to obtain all the facts. Randy Beehler, Community Relations Manager,
suggested inviting the Yakima Herald to meet with us and representatives on the
three issues that were recently addressed in the paper. This will provide an
opportunity for the Herald's Editorial Board to hear additional information from us
and encourage them to use City staff and elected officials when they are composing
editorials in the future, as opposed to publishing an opinion without having spoken
with any of us. Since the inception of the Community Relations program, our ability
to share our side of the story has improved. It's been shown to be pretty effective as
far as sharing different information from mainstream media. Mr. Beehler spoke in
defense of the editorial section of the newspaper noting it plays by different rules
than the news section. Trying to apply similar criteria as the news side is neither
appropriate nor fair.
• Boards and commission standards
Council Member Place asked if Council should set attendance requirements for the
City's Boards and Commissions.
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• Information Items
Information items 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 "; and Article from the August 7, 2005 Seattle Post - Intelligencer,
"P -I Focus: Is it time to retire Seattle's leadership ?"
20. Executive Session
McCLURE MOVED AND EDLER SECONDED TO MOVE INTO EXECUTIVE
SESSION REGARDING PENDING LITIGATION FOR APPROXIMATELY 45
MINUTES FOLLOWED BY ADJOURNMENT TO AUGUST 23, 2005 AT 7:30 A.M.
FOR A STUDY SESSION TO REVIEW THE ZONING ORDINANCE.
21. Adjournment
Following the Executive Session, the meeting adjourned at 4:55 p.m.
READ AND CERTIFIED ACCURATE BY �� :/ / /rr � i. 0 3
COON IL ► EMBE" •A E
COUN Ior MBER DATE
ATTEST:
CITY CLERK PAUL P. GEORGE, MAYOR
M inutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City
Clerk's Office
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