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HomeMy WebLinkAbout05/01/2007 Business Meeting 367 BUSINESS MEETING MAY 1, 2007 — 6:00 P.M. YAKIMA CONVENTION CENTER — ROOM C 10 NORTH 8 STREET, YAKIMA, WA 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Micah Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and Acting City Clerk Watkins Absent: Council Member Ron Bonlender (excused) 2. Invocation /Pledge of Allegiance Council Member Cawley gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order /Special Presentation A. Proclamations: • National Day of Prayer — Proclamation read by Mayor Edler Linda lasella accepted the proclamation and encouraged participation in the Mayor's Prayer Breakfast. • Letter Carrier Food Drive Day — Proclamation read by Council Member Johnson Jeff Bohlinger and George Shin accepted the proclamation on behalf of all letter carriers and noted that 32,000 pounds of food were raised last year. • Police Week — Proclamation read by Council Member Whitman Police Chief Granato accepted the proclamation • Cinco de Mayo Week — Council Member McClure read the proclamation Luz Gutierez and Bernal Baca accepted the proclamation B. Special Presentations /Retirement Recognitions - None C. Status report on prior meeting's citizen service request • Response from Community and Economic Development to Phil Klingele's request for railroad track removal on "H" Street Brett Sheffield, Chief Engineer, gave an update of conversations with BNSF and advised of an upcoming meeting to discuss the issue with them. D. Appointments to Council Boards and Commissions - None 4. Consent agenda McCLURE MOVED AND JOHNSON SECONDED TO TAKE ITEM 12 OFF THE TABLE. The motion carried by unanimous roll call vote; Bonlender absent. Mayor Edler 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 No. 12 and 14 were added to the Consent Agenda. The Acting City Clerk read the 368 MAY 1, 2007 Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND McCLURE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Bonlender absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Council Minutes *B. Council Committee Meeting Reports: 5. Audience Participation Jerry Patton, a taxi driver, requested Council action to increase the amount they can charge by $0.40 per mile. The change would require modification of the Yakima Municipal Code. This request was referred to the Legal Department for action. Tony Courcy asked for the status on his previous request for a pedestrian activated cross walk at 16 Avenue and Hathaway. He was advised that a study has been initiated on approximately 23 crossings and he was invited to attend a meeting on May 14 where the subject will be discussed. PUBLIC HEARINGS — 7:00 P.M. 6. Public Hearing to consider finalizing the GMA- required comprehensive growth management plan and development regulations update for the City of Yakima Ken Harper, counsel for the City, pointed out that this public hearing is to take input on establishing a concluding date of the Comprehensive Plan update process. • Mayor Edler opened the public hearing No one came forward to speak. • Mayor Edler closed the public hearing McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Bonlender absent. RESOLUTION NO. R -2007- 63, A RESOLUTION of the City of Yakima, Washington, finalizing the comprehensive growth management plan and development regulations update for the City of Yakima. 7. Public Hearing to consider a Resolution authorizing execution of a Development Agreement with Wal -Mart Stores, Inc. and Congdon Development Company, LLC to build a Wal -Mart store Mayor Edler stated that this hearing is specific to the development agreement. With regard to ex- parte, Council Member Johnson said he had received one e-mail against the development agreement but had not responded. No other ex -parte contact was reported. Jeff Cutter, Senior Assistant City Attorney, gave an overview of the development agreement. As a result of the Hearing Examiner's recommendation in December 2005, appeals were filed by citizens and by Wal -Mart with respect to the conditions. During the appeal hearing, Council remanded it back to the Hearing 2 369 MAY 1, 2007 Examiner and requested additional conclusions. The Hearing Examiner submitted an amended recommendation to Council, which resulted in a decision on the Wal -Mart application that included over fifty mitigation requirements. The Council made recommendations and decisions requiring amendments for mitigations by Wal -Mart beyond what the Hearing Examiner required. This resulted in an appeal by Wal -Mart, filed as a LUPA appeal, and subjected the City to potential liability. There were normal preparations for litigation by the involved parties, Wal -Mart, the City, Concerned Citizens of Yakima (CCY), and Congdon. Video conferencing was agreed upon and held. The CCY representative attended only one of the ten conferences. As a result of the conferences, it was determined that it was necessary to consider reducing the City Council's request to avoid subjecting the City to liability. o Mayor Edler opened the public hearing . > Legal Representatives Speak Chuck Maduell spoke representing Wal -Mart and said he felt the development agreement resolves the challenged condition of the development of Nob Hill Boulevard. He claimed Wal -Mart has agreed to pay more than their fair share as a compromise. It may be less than what the City Council wanted but it is more than the Hearing Examiner imposed. The cost of the conditions exceed more than $2 million for Wal -Mart. He urged the Council to support the development agreement. Mike Shinn, representing Congdon, felt the culmination of the development agreement was a remarkable document to the City's credit and benefit. He explained the legal reasons why Wal -Mart has a "bullet- proof" legal defense against paying for the Nob Hill improvements that they have agreed to. He is prepared to make the same argument in Superior Court on the LUPA appeal if necessary, but felt the development agreement should avoid that. Jamie Carmody, representing CCY, said he felt the City had folded in "private" negotiations on the necessary improvements the CCY had brought forward. He claimed that the taxpayers will now have to pay for improvements to Nob Hill Boulevard. > The Public Speaks Mike Murphy claimed that if the Council Members approved the development agreement they would be one -term city council members. Wilma Koski,.21 North 94 Place, spoke against the development agreement in great detail. Her summation was that the taxpayers will be forced to subsidize Wal -Mart and the rest of the Congdon development. Doris Ayyoub, 7221 Summitview, urged Council to hold firm on their original requirements. Shane Smith, 305 N. 70 Avenue, accused the City of back -door deals between City staff and private entities without public involvement. Cecile Shoot, 1424 Soutn 67 Avenue, urged Council to listen to the taxpayers who elected them. June Busch, 806 Pickens Road, claimed the citizens were angry because they did not get good information. Sandy Massong, 5501 W. Arlington, claimed citizens were not able to be involved in the zoning changes that resulted in this. Donald P. Shafer, 2606 Tieton Drive, questioned how we got here and spoke about litigation costs. 3 370 MAY 1, 2007 Dr. Mike Noble, 5609 W. Arlington, gave detailed suggestions on how to change the wording in the development agreement. Keith Lamb, 912 S. 72 Avenue, asked that the City not succumb on their four recommendations. Lynne Kittlelson, 305 N. 9 Street, claimed the entire process started on a flawed premise, that the area is Central Business District support. • • Mayor Edler closed the public hearing Council Member McClure raised the following points: The acting City Clerk read the resolution by title; McCLURE MOVED AND WHITMAN SECONDED TO ADOPT THE RESOLUTION. Discussion ensued with Council Member McClure raising many details of the agreement and asking for staff interpretation. Staff, the attorneys, and Council discussed street development, rights -of -way, pathway, noise levels, and lighting levels. JOHNSON MOVED AND LOVER SECONDED TO INSERT IN ITEM 3.17.4 AFTER WAL -MART "AND THE CITY WILL CONDUCT AN ANNUAL STUDY FORA PERIOD OF THREE YEARS ANY OR ALL OF WHICH MAY DETERMINE IFA PEDESTRIAN ACTIVATED TRAFFIC SIGNAL, OR OTHER REQUIREMENT, IS WARRANTED ACROSS 64 AVENUE TO ACCESS THE GOLF COURSE BUT IT WOULD ALSO BE AVAILABLE FOR CITIZENS COMING OFF TIETON ". The motion to amend failed by a 3 -3 roll call vote; Cawley, Edler, and Whitman voting nay; Bonlender absent. Following a ten minute break, the meeting reconvened at 9:27 p.m. McCLURE MOVED AND JOHNSON SECONDED TO AMEND 3.7.3 ON PAGE FIVE REGARDING THE SOUTH WALL STRIKING FROM THE LAST SENTENCE "WITHIN REASONABLE TIME" AND INSERT "DURING CONSTRUCTION". The motion carried by unanimous voice vote; Bonlender absent. McCLURE MOVED AND CAWLEY SECONDED TO REMOVE ALL REFERENCES TO FUELING STATION, PAGE 5 3.9.1, 13.1, AND 13.2, OR FUEL TANKS. The motion carried by unanimous voice vote; Bonlender absent. McCLURE MOVED AND JOHNSON SECONDED ON PAGE 4, UNDER PARKING, 3.4.1, THE SECOND SENTENCE ENDING WITH "NONE OF THE PARKING SPACES OR OTHER AREAS OF THE SITE SHALL BE MADE AVAILABLE FOR OVERNIGHT OR EXTENDED PARKING OF MOTOR HOMES AND CAMPERS, TRAVEL TRAILERS, OR OTHER RECREATIONAL VEHICLES (PERIOD)" ELIMINATING THE REST. The motion carried by unanimous voice vote; Bonlender absent. McCLURE MOVED AND CAWLEY SECONDED WITH REGARD TO THE NOB HILL STREET IMPROVEMENTS, PAGE 8 UNDER 1246.1, THAT THE CITY HAVE A PROTECTIVE SHOULDER ON THE NORTH SIDE OF NOB HILL OF TEN FEET AFTER THE CONSTRUCTION OF THE ADDITIONAL WESTBOUND LANE TO 72ND AVENUE. Discussion included the comment that the north side, when it is developed, would require curb, gutter, and sidewalk. Council Member McClure clarified that his intent was that the City not lose anything that they already have at this location. The motion carried by unanimous voice vote; Bonlender absent. 4 '371 MAY 1, 2007 McCLURE MOVED AND JOHNSON SECONDED UNDER 3.93 ON PAGE 6, ELIMINATE THE LAST SENTENCE WHICH READS "THIS WILL BE A CONDITION." The motion carried by unanimous voice vote; Bonlender absent. The question was called for a vote on the resolution to include the amendments to the Development Agreement. The motion carried by a 4 -2 roll call vote; Cawley and Lover voting nay; Bonlender absent. RESOLUTION NO. R- 2007 -64, A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Wal -Mart Stores, Inc. and Congdon Development Company, LLC to provide for the terms and conditions of construction of a Wal -Mart store to be located at the southwest corner of the intersection of Nob Hill Boulevard and 64 Avenue, in the City of Yakima. CITY MANAGER'S REPORTS 8. Consideration of Resolution authorizing the extension of an agreement with the Yakima Farmers' Market Bill Cook, Community and Economic Development director, advised that this extension will be in place until the amendments relating to time and support from the City can be discussed and incorporated. The Acting City Clerk read the resolution by title. JOHNSON MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Bonlender absent. RESOLUTION NO. R- 2007 -65, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to extend through December 31, 2007, an exclusive concession license agreement with the Yakima Farmers' Market, a non - profit corporation, to facilitate continued operation of a Farmers' market at certain times within the City of Yakima. *9. Consideration of Resolution authorizing installation of artwork donated by the Yakima Arts Giving Circle in the downtown area RESOLUTION NO. R- 2007 -66, A RESOLUTION approving the use of funds from the CBD Business and Capital Improvement Fund 321 to install a donated public art piece at the northeast corner of the intersection of Yakima Avenue and Second Street. *10. Consideration of Resolution declaring computers and associated equipment surplus and authorizing their disposal in a manner that best benefits the City of Yakima RESOLUTION NO. R- 2007 -67, A RESOLUTION declaring attached list of computers and associated equipment surplus, and authorizing disposal in a manner which best benefits the City, to include recycling, sending to State of Washington Surplus, or donating or transferring computers with value to other government entities or qualified non- profit corporations. 5 372 MAY 1,2007 *11. Consideration of Resolution authorizing execution of an agreement pursuant to an application for a Washington Public Works Trust Fund loan for construction financing of the Grade Separation Project at Lincoln Avenue and Martin Luther King Jr. Boulevard RESOLUTION NO. R -2007- 68, A RESOLUTION authorizing the City Manager to execute applications, certifications and agreements pursuant to an application for a construction loan from the Washington State Public Works Trust Fund in the amount of $3,000,000 for Grade Separation Project improvements to Lincoln Avenue and Martin Luther King, Jr. Boulevard. ORDINANCES *12. Consideration of Motion to remove from the table and Consideration of Legislation regarding construction of a dumpster enclosure in downtown area: A. Ordinance removing parking spaces within Yakima City Parking Lot Number 2 from use for public vehicle parking and authorizing construction of a dumpster enclosure within the parking spaces for the purpose of leasing said dumpster enclosure to adjacent business owner(s) for a convenient and safe dumpster location ORDINANCE NO. 2007- 20, AN ORDINANCE removing parking spaces ten and eleven within Yakima City Parking Lot Number 2 from use for public vehicle parking and authorizing construction of a dumpster enclosure within the parking spaces for the purpose of leasing said dumpster enclosure to adjacent business owner(s) for a convenient and safe dumpster location. B. Resolution authorizing the City Manager to enter into an appropriate lease /rental /license agreement with said business owner(s) RESOLUTION NO. R -2007- 69, A RESOLUTION authorizing the execution of a Lease Agreement with the Sports Center, LLC, permitting the use of a refuse dumpster enclosure provided by the City and located within the City's downtown parking lot No. 2, subject to the terms and conditions set forth in said Lease Agreement. 13. Second Reading of an Ordinance amending the 2007 budget and making appropriations in the General, Streets and Traffic, Parks, Equipment Rental and Replacement and Transit funds for manpower and resources extending municipal services to newly annexed areas Staff answered Council questions and explained that appropriation ordinances are exempt from the normal 30 -day effectiveness provision and take effective immediately under the City Charter after the second reading. CAWLEY MOVED AND WHITMAN SECONDED TO APPROVE THE ORDINANCE. The motion carried by unanimous roll call vote; Bonlender absent. ORDINANCE NO. 2007- 21, AN ORDINANCE amending the 2007 budget for the City of Yakima; and making appropriations to serve the newly annexed Occidental area from Unappropriated Fund Balances within various Funds for expenditure during 2007. 6 373 MAY 1, 2007 *14. Second Reading of an Ordinance amending the 2007 budget in the Parking and - Business Improvement Area Fund regarding beautification /maintenance, safety and management services for Downtown Yakima ORDINANCE NO. 2007- 22, AN ORDINANCE amending the 2007 budget for the City of Yakima; and making appropriations of $36,000 within the 161 — Parking and Business Improvement Area Fund for expenditure during 2007 to provide for safety, beautification, and maintenance of Downtown Yakima. *15. Consideration of an Ordinance relating to traffic; amending and authorizing the cruising ordinance for the "Open Cruising Event" for the third Saturday in June 2007 on June 16, 2007 ORDINANCE NO. 2007- 23, AN ORDINANCE relating to traffic; establishing the date of the June "Open Cruising Event" on Yakima Avenue in 2007 for the third Saturday in June on June 16, 2007; and amending Section 9.25.020 of the City of Yakima Municipal Code. *16. Consideration of Ordinance adopting the Hearing Examiner's recommendation to approve a rezone request by Harley Menard for property at 816 North 20 Avenue ORDINANCE NO. 2007- 24, AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, one parcel of property located at 816 North 20 Avenue, Yakima, Washington from Multi Family Residential, (R -3) 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; Harley Menard being identified as the applicant herein. *17. Consideration of Ordinance vacating a portion of a street right -of -way in the vicinity of 320 Englewood Crest Court , ORDINANCE NO. 2007- 25, AN ORDINANCE relating to land use, vacating a certain portion of street right -of -way identified as all that portion of the 20 -foot strip labeled access drive, serving Lots 14 and 15, and lying between Lots 9 and 10, Block 8, Viewmont Park, according to the official plat thereof recorded in Volume "R" of Plats, page 5, records of Yakima County, Washington. 18. Other Business Council Member Cawley asked for Council authorization for the Public Safety Committee to discuss closure of City streets and authorization of police overtime rather than it being an administrative decision by staff. Council Member Cawley suggested that a Council Government Oversight Committee be created. Council Member McClure suggested this be discussed by the Procedures and Rules Committee. 7 374 MAY 1, 2007 19. Adjournment McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO MAY 8, 2007 AT 8 :00 A.M. FOR A STUDY SESSION REGARDING SAFE COMMUNITY ACTION PLAN OPTIONS. The motion carried by unanimous voice vote; Bonlender absent. The meeting adjourned at 9:45 p.m. READ AND CERTIFIED ACCURATE BY 9 /v /Q l COUNCIL M MBE:, DATE Cad '�' T MBER D TE ATTEST: '1' CITY CL DAVID EDLER, MAYOR 8