HomeMy WebLinkAbout03/03/2009 04A Draft Minutes 01-20-2009 Business MeetingYAKIMA CITY COUNCIL
BUSINESS MEETING
JANUARY 20, 2009 — 5:00 P.M.
COUNCIL CHAMBERS — YAKIMA CITY HALL
Roll Call
Present:
Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council
Members Kathy Coffey, Rick Ensey, Bill Lover, Neil McClure, and
Sonia Rodriguez
Staff: City Manager Zais, City Attorney Jeff Cutter, and City Clerk Moore
The meeting was called to order and adjourned to Executive Session 5:06 p.m.
2. Executive Session — Collective Bargaining
The executive session was held and adjourned at 5:55 p.m.
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YAKIMA CITY COUNCIL
BUSINESS MEETING
.JANUARY 20,2009 — 6:00 P.M.
COUNCIL CHAMBERS — YAKIMA CITY'HALL
1. Roll Call
Present:
Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council
Members Kathy Coffey, Rick Ensey, Bill Lover, Neil McClure, and Sonia
Rodriguez
Staff: City Manager Zais, Acting City Attorney Cutter and City Clerk
Moore
2. Invocation/Pledge of Allegiance — Assistant Mayor Micah Cawley
Assistant Mayor Cawley gave an invocation and led the Pledge of Allegiance.
3. Open Discussion for the Good of the Order
A. Proclamations
B. Special presentations / recognitions
• Special recognition of Officer Sam Masters for receiving the
Washington Council of Police and Sheriffs Officer of the Year award
Chief Granato advised that the Officer -of -the -Year award was presented to
Yakima Police Officer Sam Masters at the WACOPS Convention. The award
was in relation to saving the life of another, officer during an attempted murder
situation. .
JANUARY 20, 2009
Honoring Sean Hawkins for his service to the community
Jamie Stickle, Yakima Downtown Initiative Committee Chair, related Sean's
positive impact during his tenure in Yakima. Sean complimented many City staff
that have been helpful in his success and urged Yakima to stay focused and
keep the forward momentum going.
C. Status report on prior meeting's citizen service requests
D. Appointments to Boards and Commissions
4. Consent agenda
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 6, 7 and 12 were removed from the agenda. The City Clerk
read the 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. (subsequent
paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one
motion without further discussion.)
5. Audience Participation
No one came forward to speak.
7:00 PM — PUBLIC HEARINGS t
- M 11 W111TAT—T. - e -
Item was removed from the agenda.
Item was removed from the agenda.
8. Closed Record Public Hearing to consider the preliminary plat/planned
development of Hidden Lakes subdivision located in the vicinity of West
Washington and 72nd Avenues, submitted by Teammates, LLC
Bruce Benson, Acting Planning Manager, described the area as a 161 -lot
preliminary subdivision on eight acres of open space. It is to be a gated planned
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Item was removed from the agenda.
8. Closed Record Public Hearing to consider the preliminary plat/planned
development of Hidden Lakes subdivision located in the vicinity of West
Washington and 72nd Avenues, submitted by Teammates, LLC
Bruce Benson, Acting Planning Manager, described the area as a 161 -lot
preliminary subdivision on eight acres of open space. It is to be a gated planned
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JANUARY 20, 2009
development and, as such, the streets will not be accepted into the City street
system. The Hearing Examiner held an open - record public hearing on July 24,
2008 and recommended approval on August 7, 2008. City staff supports the
Hearing Examiner's recommendation.
Mayor Edler opened the public hearing and with no one coming forward to
comment, closed the public hearing.
The City Clerk read the resolution by title; McCLURE MOVED AND CAWLEY
SECONDED TO APPROVE THE RESOLUTION. The motion carried by unanimous
roll call vote.
RESOLUTION NO. R- 2009 -06, A RESOLUTION approving a preliminary long plat
and planned development, subject to certain conditions, for a one hundred sixty
one (161) lot subdivision to be located on property in the vicinity of West
Washington and South 72nd Avenues, Yakima, Washington.
9. Open Record Public Hearing on the execution of a development agreement
with Teammates, LLC to construct a single - family residential subdivision/
master planned development located in the vicinity of West Washington and
72nd Avenues (See Resolution)
Bruce Benson, Acting Planning Manager, explained that as a planned development,
a development agreement is required and has been submitted. A planned
® development allows deviation from Title 12 standards.
Mayor Edler opened the public hearing and with no one coming forward to
comment, closed the public hearing.
The City Clerk read the resolution by title; McCLURE MOVED AND CAWLEY
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous
roll call vote.
RESOLUTION NO. R- 2009 -07, A RESOLUTION authorizing and directing the City
Manager to execute a Development Agreement with Teammates, LLC, (hereafter
"Teammates") to provide for the terms and conditions of development of a
preliminary plat and planned development to be located in the vicinity of West
Washington and South 72nd Avenues, in the City, of Yakima.
10. Closed Record Public Hearing on the appeal by Envizage Development Group
of the Hearing Examiner's decision on the Toscana Project in the vicinity of
Castlevale Road and Seattle Slew Run
Joseph Calhoun, Assistant Planner, gave a brief overview of the project and
outlined the steps taken to date. Based upon the proposed uses and density, a
Class 2 review was required of the duplexes and a Class 3 review for the
apartments. The applicants also requested an administrative adjustment to the lot
coverage and rear -yard set -back standards in the R -2 zone. The project was
• subject to a SEPA environmental review. A notice of application, public hearing, .
and environmental review was sent to the applicant, SEPA agencies, and adjoining
property owners within 500' of the subject property. The notice specified a 20 -day
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JANUARY 20, 2009
comment period for SEPA and scheduled the land use hearing for August 14. 2008.
At the close of the comment period, a mitigated determination of non - significance
(MDNS) was issued on July 14, 2008, and included 18 mitigation measures. The
SEPA MDNS was appealed by the adjoining property owners during the appeal
period. Because the project already had a scheduled hearing for the land use, it
was required to have the SEPA appeal heard at the same time. Based on the
applicable provisions of the zoning ordinance and the Comprehensive Plan during
the hearing, staff recommended approval to the Hearing Examiner subject to
conditions. It was also recommended that the SEPA appeal be denied. At the
hearing, there was testimony both for and against the project. Based on comments
made by both parties, the Hearing Examiner left the record open until August 21,
2008, and, again, until September 5, 2008, to submit additional comments and to
research the history of the property. On September 22, 2008, a second interim
decision was made to reconvene the hearing on October 21'd while trying to resolve
compatibility issues through a development agreement and /or covenants. Staff
recommended approval with conditions as a result of comments brought up during
the first hearing. The Hearing Examiner issued his decision.to uphold the SEPA
MDNS and denied the SEPA appeal, Class 2 and 3 land uses and administrative
adjustment applications. An appeal was filed by the developer and notice of appeal
Was sent to the parties of record. City Attorney Cutter gave direction on the proper
process for a closed record hearing. Council Member Rodriguez requested recusal
as her residence is next to the property at issue. LOVER MOVED AND CAWLEY
SECONDED TO RECUSE COUNCIL MEMBER RODRIGUEZ. The motion carried
by unanimous voice vote. The remaining Council members disclosed ex -parte
contacts. Assistant Mayor Cawley advised that he knew some of the audience
members personally but would not allow that to affect his judgment on the matter.
•
Council Member Coffey also claimed knowledge of members in the audience but
had not spoken to any of them about this issue nor would it affect her judgment.
Mayor Edler advised that someone had approached him in a restaurant but it would
not affect his consideration of this matter. Council Member McClure said he had
been told he had been in one of the previous hearings but he has no recollection of
it.
• Mayor Edler opened the closed- record public hearing
Alison Moss, legal council for Envisage Development Group, gave opening
statements. She reviewed the Council's role in the hearing, described the project,
covered the code with regard to the zones in question, and related information
about the SEPA determination and "key findings" the Hearing Examiner made
regarding the factors that affect compatibility versus what is in the evidence.
Ms. Moss relayed the areas they take issue with in the findings; Finding X(4)(d)(iii),
(c)(iv), and (c)v of the Hearing Examiners decision with regard to neighboring single
family homes looking down on the duplexes. Also at issue is Finding IX(4)(d)vii with
regard to compatibility and living styles. She said the suggestion that people who
live in single family attached homes or condominiums have different living styles is
offensive and is not permissible. She questioned the relevance of what the
neighbors understood the Council had in mind in 1996, stating that the relevant
information is the current code today for zoning designations. Ms. Moss also
countered the traffic statements by the Hearing Examiner versus the City's traffic •
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analysis. She also commented that with regard to IX(4)(d)(iii) on density -and .
intensity compatibility problems, the neighbors did not oppose the design of the
apartments, they opposed the apartments themselves and that they didn't oppose
the size of the buildings, but opposed the buildings themselves. Ms. Moss asked
the Council to reverse the Hearing Examiner's decision on Class 2 and 3 uses and
approve the project subject to the conditions advised by staff.
Chad Hatfield, attorney representing concerned citizens of Carriage Hill, raised
concerns about there being no assurances of the high quality that is being referred
to and fear that the materials used could be dependent on the economic situation.
He also emphasized the Council's role in the hearing and pointed out that the
applicant has the legal burden to prove the project is not incompatible. Mr. Hatfield
did not feel that burden of proof had been met.
Tom.Gasseling, 714 N. 44"' Avenue, spoke against the project.
John Puccinelli, 4102 Donald Drive, reviewed the history on the property. He also
said that there is nothing to guarantee the developer would build it the way it was
designed. He requested that, if City Council approved the project, there be
covenants to ensure it is built the way it is proposed.
Ron Hatfield, doesn't want his neighborhood to change and claimed the project is
incompatible. Sonny Cooper, 905 Conestoga, spoke against the project as did
Mary Jane Cragen, and Arnold Johnson,
Elliot Baker, 3104 Yakima Avenue, spoke for the project.
Allison Moss responded to several points, commenting on the transition in the area
and that the developers have offered to enter into a development agreement to
assure the factors in the proposal are met and that it couldn't be sold to someone
else who would develop something entirely different. She went into detail on the
interpretation of the zones and what is and isn't allowed in each.
Mr. Hatfield responded to the claims regarding zoning and claimed that the project
is not consistent with the neighborhood that exists.
• Mayor Edler closed the closed -record public hearing.
Council members asked questions regarding noise, density and the potential of
requiring a development agreement
CAWLEY MOVED AND COFFEY SECONDED TO ADOPT THE HEARING
EXAMINER'S DECISION. The motion carried by a 4-2 roll call vote; Edler and
McClure voting no.
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JANUARY 20, 2009
CITY. MANAGER'S REPORTS
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11. Consideration of staff report regarding cemetery operations and monument
sale proposal
Chris Waarvick, Director, of Public Works, advised that he had asked staff to look
into the possibility of the retail selling of monuments. Since 1990, the City of
Yakima has contributed approximately $2 million into the operation of Tahoma
Cemetery. He described the process they went through and noted they have
received a bid. The philosophical issue is whether the City should entertain this
proposal. ENSEY MOVED AND CAWLEY SECONDED TO NOT CONSIDER THE
SALE OF MONUMENTS. Following discussion, the motion carried by a 6-1 roll call
vote; McClure voting no.
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Item was removed from the agenda.
*13. Consideration of a Resolution adopting a City Identity Theft Prevention
Program for the Utilities Division
RESOLUTION NO. R- 2009 -08, A RESOLUTION approving and adopting an identity
theft prevention program for the Utility Services Division of the City of Yakima,
Washington
*14. . Consideration of a Resolution authorizing execution of an agreement with
Yakima Basin Storage Alliance concerning services to advance the Black Rock
Reservoir Project.
RESOLUTION NO. R- 2009 -09, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute an "Agreement between the City of Yakima and
Yakima Basin Storage Alliance" concerning services to advance the Black Rock
Reservoir Project.
*15. Consideration of a Resolution authorizing execution of an agreement with the
Greater Yakima Chamber of Commerce for the purpose of developing strong
leadership resources and to gain citizen pride and visitor appreciation for
having a clean city and improvement in the quality of life in Yakima
RESOLUTION NO. R- 2009 -10, A RESOLUTION authorizing the City Manager to
execute an Agreement with the Greater Yakima Chamber of Commerce, Inc. for the
purpose of developing strong leadership resources and to gain citizen pride and
visitor appreciation for having a clean city and improvement in the quality of life in
Yakima.
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JANUARY 20, 2009
® *16. Consideration of a Resolution authorizing execution of an agreement with the
.Hispanic Chamber of Commerce of Yakima County for the purpose of fostering
community economic development in Yakima
RESOLUTION NO. R- 2009 -11, A RESOLUTION authorizing the City Manager to
execute an Agreement with the Hispanic Chamber of Commerce of Yakima County
for the purpose of fostering community economic development in Yakima.
*17. Consideration of a Resolution authorizing execution of an agreement with the
Yakima Sunfair Festival Association for tourist promotion services for the 2009
Sunfair Parade
RESOLUTION NO. R- 2009 -12, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute an agreement between the City of Yakima and the
Yakima Sunfair Festival Association for tourist promotion services for the Sunfair
Parade.
*18. Consideration of a Resolution authorizing execution of an agreement with the
Yakima Morelia Sister City Association to provide financial support for
delegation of cultural and economic exchange activities with the City of
Morelia, Michoacan, Mexico
RESOLUTION NO. R- 2009 -13, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute an agreement between the City of Yakima and the
Yakima Morelia Sister City Association to provide financial support up to Two-
Thousand Dollars ($2,000) for delegation of cultural and economic exchange
activities between the City of Morelia, Michoacan, Mexico and the City of Yakima.
*19. Consideration of a Resolution authorizing execution of a public sector service
contract with the Yakima County - Development Association
RESOLUTION NO. R- 2009 -14, A RESOLUTION authorizing the City Manager to
execute a public sector service contract with the Yakima County Development
Association.
*20. Consideration of a Resolution authorizing execution of a professional services
contract with Yakima County and Landau Associates for the clean -up of
certain Yakima Airport property
RESOLUTION NO. R- 2009 -15, A RESOLUTION authorizing the City Manager to
sign a Professional Services Contract, together with Yakima County ("County"), with
Landau Associates, for the clean -up of certain Yakima Air Terminal property known
as Richardson Airways; and to assist in the plans to.investigate remediation for
specific Underground Storage Tanks (USTs)'at the Air Terminal; and authorizing the
City Manager to approve and sign an Agreed Order with the Washington State
Department of Ecology related to the plans regarding the USTs, along with other
necessary and related documents pursuant to the Model Toxics Control Act (" Toxics
Control Act") RCW 70.105D; and, in addition, further authorizing the City Manager
to utilize the expertise of Landau Associates for additional environmental dean -up
and remediation projects in the City, as recommended by the Assistant City
Manager and the City Engineer.
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JANUARY 20, 2009
*21. Consideration of a Resolution authorizing execution of an agreement with the •
Yakima County Office of Aging and Long Term Care for the Yakima Day Break
Adult Day Care and Respite Services program at the Harman Center
RESOLUTION NO. R- 2009 -16, A RESOLUTION authorizing and directing the City
Manager to execute the Performance Agreement No. 2009 COY /2009 ALTC
Contract Adult Day Care Respite between the City of Yakima and Yakima County,
through the Office of Aging and Long Term Care (ALTC) for the Adult Day Care and
Respite Services program at the Harman Center.
*22. Consideration of a Resolution authorizing execution of an agreement with the
Allied Arts Council of Yakima Valley for the 2009 Visual and Performing Arts
Program for Youth
RESOLUTION NO. R- 2009 -17, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an agreement between the City of
Yakima and the Allied Arts Council of Yakima Valley, to provide a visual and
performance arts program for youth and families.
*23. Consideration of a Resolution authorizing execution of personal services
agreements with instructors, officials and referees needed for various Parks
and Recreation Division programs during 2009
RESOLUTION NO. R- 2009 -18, A RESOLUTION authorizing and directing the Parks
and Recreation Division Manager of the City of Yakima to execute Personal
Services Agreements during 2009 that are substantially in accord with the attached
"Personal Services Agreement° in order to obtain specialized services for the Parks
Division.
*24. Consideration of a Resolution authorizing execution of a professional services
agreement with the Yakima Valley Basketball Officials Association for
officiating services during the 2009 basketball season
RESOLUTION NO. R- 2009 -19, A RESOLUTION authorizing and directing the City
Manager to execute a professional services agreement with the Yakima Valley
Basketball Officials Association for the purpose of obtaining officiating services for
the organized basketball program of the City of Yakima.
*25. Consideration of a Resolution authorizing execution of an agreement with
Yakima County, through the Office of Aging and Long Term Care, for the 2009
Geriatric Preventative Foot Care Services Program
RESOLUTION NO. R- 2009 -20, A RESOLUTION authorizing the City Manager to
execute Performance Agreement No. 2009 with Yakima County, through the Office
of Aging and Long Term care, for the delivery of Geriatric Preventative Foot Care
Services for senior citizens.
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JANUARY 20, 2009
. *26. Consideration of a Resolution authorizing execution of professional services
agreements to provide geriatric footcare services at the Harman Center during
2009 with:
A. Rosemary Bonsen, R.N.
RESOLUTION NO. R- 2009 -21, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a "Geriatric Footcare Services Agreement' with
Rosemary Bonsen, R.N., to provide footcare services at the Harman Center.
B. Melanie Marvel, R.N.
RESOLUTION NO. R- 2009 -22, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a "Geriatric Footcare Services Agreement' with
Melanie Marvel, R.N., to provide footcare services at the Harman Center.
*27. Set date of public hearing for February 3, 2009 to consider the Highland
Annexation located in the vicinity of Scenic Drive and North 80"' Avenue
February 3, 2009 was set as the date of public hearing to consider the Highland
Annexation, located in the vicinity of Scenic Drive and North 80m Avenue.
*28. Set date of public meeting for February 3, 2009 to consider the final plat
approval for Scenic Plateau Subdivision located in the vicinity of 72"d Avenue
and Englewood Avenue
February 3, 2009 was set as the date of public meeting to consider the final plat of
Scenic Plateau Subdivison — Phase Il, located in the vicinity of 72 "d and Englewood
Avenues, submitted by Larry Loveless
*29. Set date of open record public hearing for February 3, 2009 to consider the
Hearing Examiner's approval of the vacation of public rights -of -way submitted
by Noel Properties, LLC in the alley located west of Naches Avenue between
LaSalle Street and south of Rainier Street, and an undeveloped portion of
LaSalle Street west of Naches Avenue
February 3, 2009 was set as the date of open record public hearing to consider the
Hearing Examiner's approval of the vacation of public rights -of -way in the alley
located west of Naches Avenue between LaSalle Street and south of Rainier
Street, and an undeveloped portion of LaSalle Street west of Naches Avenue,
submitted by Noel Properties,. LLC.
*30. Set date of open record public hearing for February 3, 2009 to consider the
Hearing Examiner's approval of a vacation of two portions of public right -of-
way in the vicinity of 207 East "S" Street submitted by Dean Owens
February 3, 2009 was set as the date of open record public hearing to consider the
Hearing Examiner's approval of a vacation of two portions of public right -of -way in
the vicinity of 207 East "S" Street submitted by Dean Owens.
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JANUARY 20, 2009
ORDINANCES
*31. Consideration of an Ordinance repealing the Volunteer Firefighters Relief and
Pension Fund and Volunteer Firefighters Pension Board amending sections of
Chapter 1.91 of the Yakima Municipal Code and repealing Section 1.91.050
ORDINANCE NO. 2009 -03, AN ORDINANCE repealing the Volunteer Firefighters
Relief and Pension Fund and Volunteer Firefighters Pension Board; amending the
title of Chapter 1.91; amending Sections 1.91.010, 1.91.020, 1.91.030, 1.91.060,
1.91.070, and 1.91.080; and repealing Section 1.91.050, all of the City of Yakima
Municipal Code.
32. Other Business
• Discussion regarding moving the February 17, 2009 City Council meeting
to another date
Following discussion, CAWLEY MOVED AND COFFEY SECONDED TO MOVE
THE SECOND MEETING IN FEBRUARY TO FEBRUARY 24'x'. The motion
carried by unanimous voice vote.
• Aquatics Center
Mayor Edler commented that he would like to have the study session on the
aquatics center expanded to include the possible closure of Franklin and Lions
pools. COFFEY MOVED AND McCLURE SECONDED TO EXPAND THE
AQUATICS CENTER STUDY SESSION TO INCLUDE THE POSSIBLE CLOSURE
OF FRANKLIN AND LIONS POOLS. The motion carried by unanimous voice
vote.
33. Adjournment
CAWLEY MOVED AND LOVER SECONDED TO ADJOURN. The motion carried
by unanimous voice vote. The meeting adjourned at 9:38 p.m.
READ AND CERTIFIED ACCURATE BY
ATTEST:
COUNCIL MEMBER DATE
COUNCIL MEMBER DATE
CITY CLERK DAVID EDLER, MAYOR
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's
Office.
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