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HomeMy WebLinkAbout08/16/2005 Business Meeting • r. �; 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) • 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 228 AUGUST 16, 2005 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. 2 2 2;9' 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 3 2 3 ' 0j: 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. 4 231> 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. 5 232- 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 6 2 3 3 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. 7 234: AUGUST 16, 2005 • 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. 8 • AUGUST 1.6 2005 • 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 9