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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