GRANDVIEW CITY COUNCIL

REGULAR MEETING MINUTES

MAY 7, 2007

1.         CALL TO ORDER

Mayor Norm Childress called the regular meeting to order at 7:30 p.m. in the Council Chambers at City Hall.

Present were:  Mayor Childress and Councilmembers Helen Darr, Bill Flory, Pam Horner, Jan McDonald and Joan Souders.  Councilmembers Robert Morales and Javier Rodriguez were absent.

Staff present were:  City Administrator Scott Staples, City Attorney Jack Maxwell and City Clerk Anita Palacios.  Also present was Michael Buchanan, Senior Planner of the Yakima Valley Conference of Governments.

 2.        PLEDGE OF ALLEGIANCE

Councilmember McDonald lead the pledge of allegiance.

3.         PUBLIC COMMENT - None

4.         CONSENT AGENDA

On motion by Councilmember Flory, second by Councilmember Souders, Council approved the Consent Agenda consisting of the following:

            A.         Minutes of the April 16, 2007 study session                                                  

B.                 Minutes of the April 16, 2007 regular meeting

C.                 2007 Claim Warrant Nos. 78556-78710 in the amount of $224,555.95        

D.                 Payroll Warrant approval for April 30, 2007

E.                 Ordinance No. 2007-10; Repealed Title 10 Vehicles and Traffic of the Grandview Municipal Code and enacted a new Title 10 Vehicles and Traffic

F.                  Resolution No. 2007-13; Authorized the Mayor to sign the 2007 Interlocal Corrections/Detention Agreement with Yakima County

G.                 Awarded bid to Jim’s Pacific Garages, Inc., for Bio-solids Dump Truck

Due to her absence from the previous Council meeting, Councilmember Darr abstained from the vote.

5.         CLOSED RECORD PUBLIC HEARING

·       Olmstead Petition for Annexation & Rezone  Resolution No. 2007-14; authorizing the intent to annex property known as the Olmstead annexation that is contiguous to the City of Grandview and providing for transmittal of said intent to the Yakima County Boundary Review Board for a 45-day review prior to taking final action

Mayor Childress opened the closed record public hearing to consider a petition for annexation and rezone commonly known as the Olmstead Annexation by reading the public hearing procedure.

There was no one in the audience who objected to his participation as Mayor or any of the Councilmembers participation in these proceedings.  None of the Councilmembers had an interest in this issue nor did any stand to gain or lose any financial benefit as a result of the outcome of this hearing and all indicated they could hear and consider the issue in a fair and objective manner. 

Mayor Childress indicated that he had been questioned by Mr. Frank Hunt whether or not he could attend the closed record public hearing.  He informed Mr. Hunt that he was more than welcome to attend the public hearing and listen.

The purpose of the hearing was for the Council to review the record and consider the pertinent facts relating to this issue.  No new public testimony was allowed.

City Clerk Palacios provided the following review of the record.  The City received a Letter of Intent and Petition for Annexation and Rezone signed by the following property owners:

The petitioners requested annexation of their property to the City of Grandview.  The petitioners elected to request annexation under the 60% petition method of annexation.  The 60% petition method required signatures by owners of not less than 60% of the assessed value of the total property proposed for annexation.  The petition contained sufficient signatures and the assessed value ($838,350) of those property owners signing was 71%.  The proposed annexation would include the following additional properties:

The petitioners requested the area be annexed with an R-1 Single Family Residential zoning.  The parcels were included in the Citys Urban Growth Area.  The parcels located south of the abandoned railroad right-of-way were currently designated residential and the parcels located north of the abandoned railroad right-of-way were currently designated industrial in the Future Land Use Designations.

At the February 5, 2007 City Council meeting, Council accepted the proposed annexation, required the simultaneous adoption of zoning regulations consistent with the Urban Growth Area Future Land Use Designations--R-1 Single Family Residential and required the assumption of all existing City indebtedness by the properties proposed to be annexed the same as all other property within the City in accordance with past practice, and agreed to have the annexation petition heard by a Hearing Examiner.

On March 21, 2007, a public hearing was held before the Hearing Examiner to receive comments on the proposed annexation and rezone.  Following the public hearing, the Hearing Examiner issued his recommendation dated April 4, 2007 entitled Annexation Petition #01-07 recommending approval of the proposed annexation with R1 zoning.

Staff recommended Council accept the Hearing Examiner’s conclusions and recommendation that the Olmstead Annexation Petition #01-07 with Single-Family Residential (R1) zoning of the aforementioned parcels be approved.

Staff further recommended that Council adopt Resolution No. 2007-14 authorizing the intent to annex property known as the Olmstead Annexation that is contiguous to the City of Grandview and providing for transmittal of said intent to the Yakima County Boundary Review Board for a 45-day review prior to taking final action.

Council requested clarification of the record as follows (transcribed verbatim):

Darr – Would somebody show me on the map where Frank Hunt’s property is?  I see on page 67 the recommendation that he be allowed to continue pasturing and feeding his cattle and that he can continue to use his own well and will not be required to hook up to the City.

Childress –  He’s across from the baseball field.

Darr – He’s there, alright, um, that is, I have difficulty with that, I mean if we are going to have this property developed and we are going to do it with an R-1 and he is going to be the only one in this entire annexation that is going to be allowed to keep his cattle on that particular piece of property.  If we pass this, we’re giving him reason to keep his cattle there for how long?

Childress – Until, Michael go ahead, until he changes it.

Buchanan – Okay, it’s not that we’re giving him any special consideration Helen.

Darr – That’s good to know.

Buchanan – It’s grandfathered in and until he stops for a period of one year or more he can continue.  Also in your code you’re not required automatically to hook up to City water.  It has to be within a certain distance from your property.  He has an existing well that is serving his single family home so we’re not giving him any special consideration.  This is all within your code.  It is allowed by your code.

Darr – So as the development comes in around him, until he’s, he’s grandfathered in or whatever until he decides to . . .

Childress – Until he discontinues the use right?

Buchanan – If the property, generally what happens in property development is that as the value of property goes up, there becomes a market for, I mean, he sees that there’s a value of developing it.  There’s more value in developing it than in continuing to farming it and typically that’s what will happen.  As it is, like I said, within your code, he is allowed to continue that non-conforming use until he quits doing it for up to a or for a year or more.

Darr – That’s the house, that is yeah, it’s kind of . . .

Buchanan – I think it also includes, doesn’t his property include this also?  It’s not just the house, it’s this property right here.

Childress – The pasture.

Buchanan – But we needed, in order to do an annexation and not leave, we didn’t want to leave an island so that was why his property was included.  The Boundary Review Board has some serious problems with leaving islands and it does also create a problem with extending services too.

Childress – And of course that use could not continue if he sold the property either?

Buchanan – That I’d have to defer to your attorney, I believe as long as the use doesn’t end, I don’t think it ends with property being sold.

Maxwell – I don’t think so either.

Childress – So he could sell to somebody else and if they wanted to continue.

Darr – So what does grandfather mean?  I thought you were grandfathered in until you sold the property and then.

Maxwell – Until you discontinue the use.

Childress – So it’s the use that governs it?

Maxwell – Yeah.

Darr – So whoever bought it and decided not to keep the pasture and then it would be non-conforming?

Childress – Right.

Darr – We just can’t leave him out, we got to include him.  That was my one concern that I had, I don’t know about anybody else.

Childress – I understand your concern, but I think we are dealing with the wrong municipal code and the laws that govern the way we do things so I think that’s kind of the way it has to be.  Do we have any other comments or questions for staff?

Horner – The only comment that I would have is this, you know, in reading this through it doesn’t look like anybody really objected to the proposal and we’ll have to do it.

Darr – Michael, in talking with Scott this morning or this afternoon is an R-1 designation does not have to stay.  I mean it could come in as an R-2 or an R-3 with the individual properties that are owned and going to, you know, the owners of these individual properties could come in and request that their property even though it’s zoned R-1 could be changed to R-2 or R-3 if they decided to?

Childress – Michael, what’s the rule on that?

Buchanan – I guess for the record, I’m Michael Buchanan, I’m the Senior Planner with the Yakima Valley Conference of Governments and I provide planning services to the City of Grandview.  Initially, the recommendation is that the properties come in as R-1.  In order for them to change, it would be a rezone and that would require an entire new public process and quite honestly I think most times the City Council and the Planning Commission has reviewed these tends not to want to spot zone and so if somebody came in and wanted to change a zoning and it wasn’t supported by other land that bordered it that usually is not allowed.  I mean, again, it goes through a public process and the Planning Commission would make a recommendation to Council and then the Council would make the final determination.  So, it is again a public process just like when the final development takes place and these properties are subdivided, again it’s a public process where subdivision has to go to the Planning Commission and actually the State Environmental Policy Act.  It’s pretty detailed.

Childress – Anything else?

The public hearing was declared closed.

On motion by Councilmember Horner, second by Councilmember Flory, Council unanimously accepted the Hearing Examiner’s conclusions and recommendation that the Olmstead Annexation Petition #01-07 with Single-Family Residential (R1) zoning be approved and adopted Resolution No. 2007-14 authorizing the intent to annex property known as the Olmstead Annexation that is contiguous to the City of Grandview and providing for transmittal of said intent to the Yakima County Boundary Review Board for a 45-day review prior to taking final action.

6.         ACTIVE AGENDA

            A.         Resolution No. 2007-15; Adopted the 2007 Comprehensive Emergency                                 Management Program as the Official Emergency Response Plan for the                               City of Grandview Emergency Management

Charles Irwin, Senior Program Analyst of the Yakima Valley Office of Emergency Management

presented the Comprehensive Emergency Management Program (CEMP).  He explained that the Yakima Valley Office of Emergency Management was required to update its CEMP every four years with each city in the county to keep in compliance with state and federal requirements.  The plan provided the basis for coordinating emergency operations throughout every level of government in the Yakima Valley. This would also allow the County to continue with active participation in both state and federal programs. The only major changes in the new plan, as compared to the current plan were more inclusion of the National Incident Management System (NIMS) language.

Staff recommended Council approve Resolution No. 2007-15.

On motion by Councilmember Darr, second by Councilmember Souders, Council unanimously approved Resolution No. 2007-15 adopting the 2007 Comprehensive Emergency Management Program as the Official Emergency Response Plan for the City of Grandview Emergency Management .

            B.        Resolution No. 2007-16; Authorized the Mayor to sign all necessary                                       documents for the sale of real property at 146 Division Street

City Administrator Staples stated that the purchaser would be developing the property as a restaurant.

On motion by Councilmember Horner, second by Councilmember McDonald, Council approved Resolution No. 2007-16 authorizing the Mayor to sign all necessary documents for the sale of real property at 146 Division Street.  Councilmembers Darr and Souders abstained.

            C.        Resolution No. 2007-17; Documented progress to date and established a                             schedule for completing the seven-year update to the Citys Growth                                               Management             Act Comprehensive Plan and Development Regulations

Senior Planner Buchanan explained that as part of the Comprehensive Plan update the Department of Community, Trade and Economic Development suggested that the City document progress to date and establish a schedule for completion of the Comprehensive Plan amendments in order to continue to be eligible for State and Federal funding. 

On motion by Councilmember Souders, second by Councilmember McDonald, Council unanimously approved Resolution No. 2007-17 documenting progress to date and establishing a schedule for completing the seven-year update to the Citys Growth Management           Act Comprehensive Plan and Development Regulations.

7.         COUNCILMEMBER MEETING REPORTS

Community Leadership Award – On May 3^rd, Mayor Childress, Parks & Recreation Director Mike Carpenter and Assistant Chief Mark Ware attended an awards dinner hosted by the ESD 105 Region for Washington Association of Administrators at which the City was presented with the Community Leadership Award by the Grandview School District for the unique partnership that the City and School District have developed.

8.         UNFINISHED AND NEW BUSINESS          

Council Retreat – Council agreed to schedule a retreat with Lyle Sumek on December 3-5, 2007.

CDBG Downtown Revitalization Plan – On April 24^th, the Department of Community, Trade, and Economic Development informed the City that the City’s proposal seeking Community Development Block Grant (CDBG) funds to develop a downtown revitalization plan had been accepted as eligible to apply for a Planning-Only Grant.  The City was now invited to submit a funding application for up to $24,000.

Senior Center Kitchen Range/Oven – The local American Legion organization has approached the City seeking permission to raise funds to purchase and install a new gas range and oven in the Senior Center kitchen as a service project.  The costs of the unit would range between $6,000 and $9,000.  The Senior Citizen Club has agreed to pledge $500 toward the project.

Animal Shelter – The Animal Shelter Committee would be meeting on May 8^th to review the final design and discuss funding options.  Columbia River Steel has been assisting with design development and cost estimates. 

YVCOG General Membership Meeting – The Yakima Valley Conference of Governments will be holding their General Membership Meeting in Grandview on May 16^th, 6:30 p.m., at the Country Park Amphitheater.  The area Legislators have been invited to discuss the recent legislative session.

Old Safeway Plant – A portion of the old Safeway Plant has been leased to Barbecuewood.com who has entered into a partnership with the property owner.  Barbecuewood.com specializes in gourmet wood products and cookbooks.

Employee Recognition Luncheon – Council agreed to hold an Employee Recognition Luncheon on Thursday, June 7^th from 12:00 Noon to 1:30 p.m. at The Vineyard.  The luncheon would include service awards and active retirees would also be invited to attend.

Community Picnics – Council agreed to hold two community picnics this summer; one downtown at Stokely Square and the other at Tower Park.

9.         ADJOURNMENT

The regular meeting adjourned at 8:32 p.m.

__________________________                                __________________________

Mayor Norm Childress                                                Anita Palacios, City Clerk