HomeMy WebLinkAbout08/01/2006 Business Meeting 1.21
BUSINESS MEETING
AUGUST 1, 2006 - 6:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present: •
Council: Mayor Pro Tem Neil McClure, presiding, Council Members Ron
Bonlender, Micah Cawley, Norm Johnson, Bill Lover and Susan
Whitman
Staff: City Manager Zais, Assistant City Attorney Cutter and City Clerk in
Training Moore
Absent: Dave Edler (excused)
2. Invocation /Pledge of Allegiance — Council Member Bonlender
Council Member Bonlender gave an invocation followed by the Pledge of Allegiance.
3. Open Discussion for the Good of The Order /Special Presentation
A. Proclamations
• National Health Center Week
Mayor Pro Tem McClure read a proclamation declaring August 6 -12, 2006 as
National Health Center week. Don Hinman, Chairman of the Board of the
Community Health Center, accepted the proclamation.
B. Special Presentations
• Presentation of Certificate of Appreciation to Tom McCormick
Tom McCormick was presented with a Certificate of Merit acknowledging his
willingness to serve his country to the best of his ability.
• Introduction of the new "Sparky" funded through Legends Casino Grant
Assistant Fire Chief Hines, presented "Sparky ", a character used for fire
safety education with children. Legends Casino's provided a $3,000 grant
allowing the Fire Department to obtain these tools.
C. Status report on prior meeting's citizen service request:
None
D. Appointments to Council Boards and Commissions:
• Yakima Air Terminal Board
Due to the high quality of applicants, the appointing committee is providing
two names for the Council to select from, Tom Holbrook and Greg Berndt.
Council Member Whitman spoke for reinstating Greg Berndt. She is
concerned that everyone on the Air Terminal Board is new, including the
airport manager. She feels having Mr. Berndt reinstated would give the
Board some historical advantage.
•
122
AUGUST 1, 2006
The following vote was taken:
Holbrook Berndt
Bonlender McClure
Cawley Whitman
Johnson
Lover
Thomas Holbrook received the majority vote and was appointed to the Air
Terminal Board.
E. Council Committee Meeting Reports
• Council Economic Development Committee
• Council Transit Committee
Information is included in the packet.
4. Consent agenda
*AII items listed with an asterisk ( *) are considered routine by the City Council and
will be enacted by one motion without discussion. A citizen may request Council to
remove an item from the Consent Agenda, and if approved, it will be considered in
its normal sequence on the Agenda.
Mayor Pro Tem McClure referred to the items placed on the Consent Agenda,
questioning whether there were any additions or deletions from either Council
members or citizens present. Item No. 9 was removed from the Consent Agenda.
The City Clerk read the Consent Agenda items as amended, including resolutions
and ordinances by title. CAWLEY MOVED AND JOHNSON SECONDED TO
ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous
roll call vote, Edler absent.
*A. Approval of the minutes of the April 4, and May 2 and 16, 2006
Business Meetings and the May 9, 2006 Adjourned Meeting
The minutes of the April 4, and May 2 and 16, 2006 Business Meetings and the
May 9, 2006 Adjourned Meeting were approved, having been duly certified
accurate by two Council members and no one present wishing to have said
minutes read publicly.
5. Audience Participation
Verna Wilde, 1204 East Spruce Street, complimented the medical center and also
said she supports the firefighters. But she expressed concerns about building
permits. She would like to see open meetings held on any construction projects.
She also asked how much property has been purchased regarding the right -of -way
for the expansion of Fair Avenue. Mayo_ r Pro Tem McClure said we would request
that information from staff.
2
123
AUGUST.1, 2006
Lynne Kittelson, 305 N. 9 Street, expressed her concerns about land -use
designations. If an area is designated as multi - family, a big complex could be built
that would increase traffic and the load on the schools, etc. But, because of the
zoning, it is not even referred to the Hearing Examiner for a public hearing or
public meeting. She feels that multi - family zoning should automatically be a Class
3 and generate a hearing.
PUBLIC HEARINGS
6. Public hearing to consider the Hearing Examiner's recommendation to
approve a partial right -of -way vacation of an alley located between 1105 N. 1 st
Street and 1104 North 2 nd Street requested by Susan Roark dba Susie's Saloon
Doug Maples, Code Administration and Planning Manager, noted that this open
hearing is the second phase of a vacation request. The Hearing Examiner held a
public hearing on June 8, 2006 and made his recommendation to approve the
request on June 22, 2006. All property owners around the area were notified. Staff
recommends upholding the Hearing Examiner's recommendation.
• Mayor Pro Tem McClure opened the public hearing
Dawn Fosset, Selah, was present representing her mother, Sue Roark, who was
unable to attend. Because the intent is to improve the property and it will be
beneficial to both the City and her mother, they support the vacation.
• Mayor Pro Tem McClure closed the public hearing
BONLENDER MOVED AND LOVER SECONDED TO APPROVE THE HEARING
EXAMINER'S RECOMMENDATION AND DIRECTED LEGAL TO PREPARE THE
PROPER LEGISLATION. The motion carried by unanimous roll call vote; Edler
absent.
7. Public hearing to consider the designation of "Downtown Housing Target
Area" for multi - family housing incentive program
Bill Cook, Director of Community and Economic Development, explained that this
hearing is the official kick off for receipt of public comment on the proposal to create
a downtown housing area as provided in RCW 84.14. The Council needs to review
the proposed target area and to establish the boundaries. Mr. Cook said that Dave
Cook, County Assessor, had spoken to them about two issues: 1) the area to
include, and 2) a list of proposed program guidelines. The Council will review
property on a building -by- building basis, and make a determination of whether it
should be included in the program. They will be required to document findings as to
why they accept or reject a property into the program. Council Member Johnson
requested that the boundary issue be put on the Economic Development
Committee's agenda for further work.
3
:124
AUGUST 1, 2006
Council reviewed the program guidelines. Council Member Whitman expressed
concern about the off - street parking item. Mr. Cook explained the problem
experienced previously with the Grand Hotel and parking. There was no
requirement but there was a need for parking. He said they believe we shouldn't
exacerbate the parking problem and realize many of the buildings could not provide
parking on their own lot or across the street. We are trying not to limit renovations
due to parking problems. Requiring it within a three -block area makes it easier.
• Mayor Pro Tem McClure opened the public hearing
Warren Wagner, South 8 th Avenue, shared his experiences living in downtown
Seattle. He said the people who live downtown are the caretakers of that area.
Having many buildings whose upstairs floors are empty signifies neglect.
Steve Gaulke, Housing Help for Yakima Community, stated there should be a
percentage of low- income housing, not just tax credits. He encouraged the Council
to blend in low - income housing. He also recommended the Council to look at the
study of American Planning Association of Zoning Practices. Elizabeth Gucci, also
with Housing Help, said she loves the idea of housing as a priority downtown and
wants to be part of the process. She recommended two out of five units be set up
for low- income housing. Kate Parrish, also with Housing Help, advocated for the
homeless with regard to this project. John Parrish, Housing Help for Yakima,
encouraged Council to consider the demographics of the area when deciding the
boundaries in order to balance current housing and businesses. He hoped we could
encourage family housing downtown as well as housing for people within the poverty
level.
Lynne Kittelson, 305 North 9 th Street, reminded the Council that her neighborhood is
nearby and is a historic neighborhood. She said their neighborhoods have been
violated because there have been no regulations or codes to protect it. Her point
was if there was money available, it should be used to help fix up the old homes not
turn them into apartments to bring people in.
• Mayor Pro Tem McClure closed the public hearing
Bill Cook, Director of Community and Economic Development; explained that this is
an incentive program. If someone were to spend $100,000 to renovate one unit, the
owner would see a reduction in their cost of $100 a month. If it was to be rented to
recapture what the investor spent, $100 is not going to bring it down to the 30%
family rate. We are trying to begin a neighborhood downtown and to make it flourish
as a representation of what we want to encourage downtown. -We currently don't
have market rate housing in the downtown area. After further discussion,
WHITMAN MOVED AND CAWLEY SECONDED TO HAVE THE ECONOMIC
DEVELOPMENT COMMITTEE REVIEW THIS FURTHER AND THEN RESUBMIT
IT FORA STUDY SESSION. The motion passed by unanimous roll call vote; Edler
absent.
4
125
AUGUST 1, 2006
CITY MANAGER'S REPORTS
8. Consideration of Resolution authorizing the execution of a professional
services agreement to conduct a compliance audit of the Section 108 Loan for
the Hilton Hotel project as required by the U.S. Department of Housing and
Urban Development
Bill Cook, Community and Economic Development Director, described the situation.
The Hilton Hotel construction loan, at slightly more than $9 million, is the largest we
have entered into with HUD. Because it uses federal dollars, there is a requirement
to pay employees at the Davis -Bacon prevailing wage. Sample monitoring of wages
is done. Recently, representatives from the HUD Office of Labor Relations visited
and asked for additional information. Because there are at least 26 different
subcontractors involved, and to insure sufficient detail to verify all requirements are
met, this resolution would authorize a professional services agreement to conduct a
compliance audit. The cost of the agreement will be covered by the National
Development Council. Council members asked for written verification that NDC will
pay the expense. The City Clerk read the resolution by title only; BONLENDER
MOVED AND WHITMAN SECONDED TO ADOPT THE RESOLUTION. The motion
carried by unanimous roll call vote; Edler absent.
RESOLUTION NO. R- 2006 -114, A RESOLUTION authorizing the City Manager to
execute a Professional Services Agreement, in a format approved by legal counsel,
with Hammond Collier Wade Livingstone (HCWL) for the purpose of conducting a
review for compliance with federal prevailing wage regulations related to the Hilton
Garden Inn Section 108 Loan project
9. - Consideration of Resolution initiating right -of -way vacation proceedings in the
vicinity of Englewood West Subdivision at North 74 and Englewood Avenues
and setting a date of public hearing before the Hearing Examiner for August
24, 2006
Council Member Bonlender asked the purpose of holding a hearing as this appears to
be a dispute that could be solved administratively. Bill Cook, Community and
Economic Development;Director, said if the applicant brings in signatures of 66% of
the ownership along the road, that is a valid petition and they have a right to be heard.
It will go to the Hearing Examiner who makes a recommendation to the Council for
final decision. Because of some activity in this instance, Mr. Johnson, the applicant,
was notified that he has no right to the right -of -way until he has an approved vacation.
If the right -of -way has been damaged and the right -of -way vacation request is not
successful, the responsible party will have to bring it back to it's original condition.
Council Member Bonlender was assured that the hearing process is the proper course
of action.
Larry Loveless, 1011 Prospect Way, showed a picture of the access and described it
in detail. He pointed out that Mr. Johnson's proposal is to vacate twenty feet on the
east side of the right -of -way. If that were to happen, it leaves only thirty feet and it is
his understanding that at least fifty feet are required to develop the property into
twenty lots. The application for those twenty lots has already gone to the County for
• review. The complexity of this situation is that the land is in the County, but is being
annexed into the City. Currently, the right -of -way is in the City. The development is
5
126
AUGUST 1, 2006
being reviewed in the County but the right -of -way decisions have to be made by the
City. The details of the situation will be reviewed by the Hearing Examiner and will
come back to Council with his recommendation. The City Clerk read the resolution
by title only; WHITMAN MOVED AND JOHNSON SECONDED TO ADOPT THE
RESOLUTION. The motion carried by unanimous roll call vote; Edler absent.
RESOLUTION NO. R- 2006 -115, A RESOLUTION setting August 24, 2006 as
the date for a public hearing before the Hearing Examiner. This hearing
concerns a petition to vacate a portion of public right -of -way adjacent to the Plat
of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in
1907, under Volume "E" of Plats, page 31, records of Yakima County,
Washington; and additional right -of -way for that portion adjacent to Tract 43,
dedicated in 1975 in Book "E" of Short Plats at page 15.
. • *10. Consideration of Resolution declaring six used Police vehicles surplus and
authorizing their disposal through the Washington State Department of
General Services Administration
RESOLUTION NO. R- 2006 -116, A RESOLUTION declaring six used police vehicles
to be surplus and authorizing their sale by the Washington State General Services
Administration
*11. Approval of final contract payment for Kiwanis Park Improvement Project No.
1924 performed by Ohno Construction (Standard Motion V -B — accept project
and approve final payment)
The report from Huibregtse, Louman Associates Inc., architect, dated February
24, 2006 with respect to the completion of the work on the Kiwanis Park
Improvement Project No. 1924, performed by Ohno Construction, was approved,
the work accepted and payment of the final estimates as therein set forth was
authorized.
*12. Approval of Right -of -Way Use Permit requested by Yakima Valley Credit
Union for property located at 501 and 507 South 5 Avenue and 508 South
4 Avenue for building enhancements
The Right -of -Way Use Permit requested by Yakima Valley Credit Union for
property located at 501 and 507 South 5 Avenue and 508 South 4 Avenue for
building enhancements was approved
*13. Set date of meeting to resume deliberations on closed record appeal
hearing regarding the Hearing Examiner's Decision for Proposed Wal -Mart
Superstore at South 64th Avenue and West Nob Hill Boulevard for August
29, 2006 (Continued from April 19, 2006 remand to the Hearing Examiner)
August 29, 2006 was set as the date of meeting to resume deliberations on closed
record appeal hearing regarding the Hearing Examiner's Decision for Proposed Wal-
Mart Superstore at South 64th Avenue and West Nob Hill Boulevard (Continued from
April 19, 2006 remand to the Hearing Examiner
6
127 '
AUGUST 1, 2006
ORDINANCES
*14. Consideration of Ordinances adopting the Hearing Examiner's
recommendations to approve rezones requested by:
A. Contreras & Son Auto Service for property located at 1317 South 6th
Street
ORDINANCE NO. 2006 -33, AN ORDINANCE relating to land use regulation and
zoning; rezoning, with conditions, one parcel of property located in the vicinity of
1317 South 6 Street, Yakima, Washington from Local Business (B -2) to Central
Business District Support (CBDS) as more fully described herein; and approving,
with conditions, the recommendation of the Hearing Examiner for the City of
Yakima regarding the same; Contreras & Sons Auto Service being identified as
the applicant herein.
B. D & R Garza Properties LLC for property located at 904 North 4 Street
ORDINANCE NO. 2006 -34, AN ORDINANCE relating to land use regulation and
zoning; rezoning, with conditions, one parcel of property located in the vicinity of
904 North 4 Street, Yakima, Washington from Single Family Residential (R -1)
to Historical Business (HB) as more fully described herein; and approving, with
conditions, the recommendation of the Hearing Examiner for the City of Yakima
regarding the same; D & R Garza Properties, LLC being identified as the
applicant herein.
C. Diocese of Yakima Housing Services for property located at 5301 Tieton
Drive
ORDINANCE NO. 2006 -35, AN ORDINANCE relating to land use regulation and
zoning; rezoning, with conditions, one parcel of property located in the vicinity of
5301 Tieton Drive, Yakima, Washington from Single Family Residential (R -1) to
Multi - Family Residential (R -3) as more fully described herein; and approving,
without conditions, the recommendation of the Hearing Examiner Pro Tem for
the City of Yakima regarding the same; Diocese of Yakima Housing Services
being identified as the applicant herein.
*15. Second reading of an Ordinance amending the 2006 Budget and appropriating
funds for the SAFER grant for additional firefighters
ORDINANCE NO. 2006 -36, AN ORDINANCE amending the 2006 budget for the
City of Yakima; and making appropriations of $91,107 within the 000 - General
Fund for expenditure during 2006 to provide for the wages, benefits, protective
equipment and training academy costs for the addition of three (3) Firefighter
positions start -up costs.
An Ordinance amending the 2006 budget and appropriating funds for expenditure
during 2006 to provide for the wages, benefits, protective equipment and training
academy costs for the addition of three (3) Firefighter positions start -up costs,
previously having been read by title only, was brought before the Council for a
second reading.
7
128
AUGUST 1, 2006
*16. First reading of an Ordinance amending the 2006 Budget and appropriating
funds into the Law & Justice Capital Budget from a Homeland Security /Law
Enforcement Terrorism Prevention Grant for purchase of new response
vehicle and.other equipment (Read ordinance only at this meeting; second reading
• scheduled 8- 15 -06)
An Ordinance amending the 2006 budget and appropriating funds for expenditure during
2006 to provide for various emergency response equipment, was read by title.only, and
laid on the table until August 15, 2006 for a second reading.
17. Other Business
A. Discussion of start time for Study Sessions
Following discussion, it was the consensus of Council to hold study sessions from
8:00 a.m. to 9:30 a.m.
Council Member Bonlender noted that the Vinti9ues will be in town this weekend,
there is a general Cruise The Ave on August 19 and the 3 -3 Basketball event will
be held the following week.
18. Adjournment
JOHNSON MOVED AND WHITMAN SECONDED TO ADJOURN. The motion
carried by unanimous voice vote; Edler absent.
The meeting adjourned at 8:00 p.m.
READ AND CERTIFIED ACCURATE BY / Z ab
' "CIL EMBER DATE
/-7zece , /I - 7'
COUNCIL M _ ER DATE
ATTEST: / '
CITY CL K NEIL McCLURE, MAYOR PRO TEM
Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City
Clerk's Office
8