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HomeMy WebLinkAbout02/20/1996 Business Meeting 451 CITY OF YAKIMA, WASHINGTON FEBRUARY 20, 1996 BUSINESS MEETING I/ 1. ROLL CALL The City Council met in session on this date at 2:00 p.m., in the Council Chambers of City Hall, Yakima, Washington, Mayor Lynn Buchanan, presiding. Council Members Clarence Barnett, Henry Beauchamp, John Klingele, John Puccinelli, and Bernard Sims present on roll call. Council Member Ernie Berger absent and excused. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) None. 4. CONSENT AGENDA Mayor Buchanan referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. It was the general consensus of the Council to add Items Nos. 11 and 23 and remove Items Nos. 13, 15 & 16 from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Berger absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. RECOGNITION FOR OUTSTANDING CITIZENSHIP -GEOFF BLECHSCHMIDT (FOR RESCUING WOMAN FROM LAKE ASPEN) Mayor Buchanan presented Geoff Blechschmidt a Certificate of Appreciation as an All - America citizen in recognition of his heroic action. Mr. Blechschmidt saved a citizen who had fallen into Lake Aspen trying to retrieve her dog. 6. PUBLIC HEARING TO CONSIDER RIGHT -OF -WAY VACATION REQUESTED BY CATHOLIC CREDIT UNION This being the time set for a public hearing on a right -of- way request by the Catholic Credit Union, Council Member Klingele excused himself from participating in this hearing process due to possible conflict of interest. Dan Valoff, Associate Planner reviewed the application. The petition requests to vacate the entire alley way in the block between north 5th and 6th Avenues and West "A" and "B" Streets to 452. FEBRUARY 20, 1996 accommodate a new facility for the Credit Union. The Hearing Examiner recommends approval of the request subject to six conditions. In response to Council Member Barnett's question, he stated the replacement of the irrigation line is the responsibility of the applicant; however, staff has provided them with some alternative to do that. Mayor Buchanan opened the public hearing for testimony. Council Members reported no exparte contact, with the exception of Council Member Sims. Mr. Sims reported he spoke to Paul Regimbal. Mr. Valoff reported that the of parking spaces is in excess of what is required, however, in order to do that they are asking for compact car size spaces. Richard Andring, 203 South 8th Avenue, questioned staff about the location of the property in relationship to "A" Street and the accessibility for garbage pick -up, which was clarified by staff. Paul Regimbal, President of Catholic Credit Union, stated the purpose of this is to relocate the facility since they have outgrown the current facility. Barbara Harris questioned allowing a private party to purchase public right -of -way. Mayor Buchanan responded that the City will be paid for the vacated property at a rate stipulated by State law. Bob Cheney, property owner across the street from the proposed facility, spoke in support of the application and how it will improve the appearance of the neighborhood. There being no other citizen wishing to speak to this issue, the public hearing was closed. it was MOVED BY SIMS, SECONDED BY BEAUCHAMP TO ACCEPT THE HEARING EXAMINER RECOMMENDATION TO APPROVE THE RIGHT -OF -WAY VACATION AND THE SIX CONDITIONS IN THE HEARING EXAMINER RECOMMENDATION. The motion carried by unanimous voice vote; Klingele not voting; Berger absent. 7. PUBLIC MEETING TO CONSIDER AN APPEAL OF HEARING EXAMINERS DECISION ON CLASS 2 APPLICATION FILED BY JOHN WILDE This being the time set for a public meeting to consider an appeal filed by John Wilde, Larry Lehman, Associate Planner, explained the appeal is against the approval of a development south of Racquet Lane. City Attorney Paolella reviewed his memorandum regarding procedures and suggested an agenda to follow. He explained the purpose of the public meeting is to review the facts which were presented to the Hearing Examiner to determine if he made an error in his decision. The testimony is limited to the five specific issues raised by the applicant in his notice of appeal; therefore, very limited new testimony should be allowed. Mayor Buchanan opened the public meeting; Council Members declared no exparte contacts were made. John Wilde, 2608 Hollow Creek, expressed his concern about all the unanswered questions relating to this project, which he was told would be I/ addressed as the issues come up. He stated one of his primary concerns is the half -road, which would make emergency vehicle access very difficult. He further stated the density is not reasonable. He reported he collected up to 25 names from the neighborhood from 24th to 32nd Avenues and south of Mead who are opposed to this development. Another concern is the movement of 18,000 cf of earth and water run -off into the Wide Hollow Creek. He also pointed out this development will 2 453 FEBRUARY. -0 , 19 9 6 be in the flood plain area and part of the development will be build below ground-°' ', Eric Gustafson, attorney representing Marchall Irwin, applicant, addressed the airport overlay area, commenting that covenants were drawn up to advise the tenants /owner about airport noise. This project is entirely within the correct zoning and had it not been in the airport overlay or flood plain, it would not have required a hearing. He outlined the steps that will be taken to address the water run -off. He asked Council to uphold the Hearing Examiner's decision. City Attorney Paolella agreed with Mr. Gustafson's assessment that Council should primarily consider the two broad issues of the airport overlay and the flood plain overlay; the applicant could make an argument that these five points relate in some manner or another to the airport overlay or flood damage ordinance. However, except for those two issues, this development would not have gone to the Hearing Examiner for a hearing. Council Member Sims inquired how the extension of Racquet Lane comes under those two issues. Mr. Gustafson stated he doesn't believe they are applicable. Tom Beard, 1626 South 27th Avenue, expressed frustration regarding the hearing process. He stated his main . concern . is the extension of Racquet .Lane .which ends at his property. There was discussion about the extension of the road. Dan Ellingsworth, 2610 Hollow Creek, reported that at the public hearing before the Hearing Examiner he had concerns but was told to take those concerns up with the Council and now he is being told he can't bring up those concerns because of the legal procedures. He stated he was prepared to submit a petition from neighbors concerned about this development and the extension of the road, and their security. He spoke about the hazards involved with a half - width street, especially for emergency vehicles. He distributed pictures which had been submitted to the Hearing Examiner which depicted the water level on that property last year. He stated that at the public hearing, they were told that a lot of their concerns would be addressed later. Mr. Gustafson pointed out that one option to resolve some of the neighbors' concern about the road would be to vacate the westerly end of 27th Avenue and not make it a through street. Steve Pratt, part owner of the Yakima Athletic Club, stated they are in favor of the project. He stated he would like to see a sidewalk required and offered to help pay for it. He further commented they own five acres which they would like to develop in the future and would like to see Racquet Lane go through to 27th Avenue. Following a brief discussion with the residents concerning the option proposed by Mr. Gustafson, the public hearing was closed. Mr. Paolella reviewed the options available to the Council. After checking with the residents and the developer, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO CONTINUE THIS MEETING UNTIL THE NEXT COUNCIL MEETING ON MARCH 5TH FOR CONSIDERATION OF COMPROMISE TO RESOLVE THE APPEAL. The motion carried by unanimous voice vote; Berger absent. 8. AUDIENCE PARTICIPATION• Kay Chin, 4001 Summitview, invited the Mayor or Mayor Pro tem to speak to the Yakima Lions Club at its Spring conference. 3 4'54 FEBRUARY 20, 1996 Martha Mathews described events which happened at 3:00 a.m. last Saturday when gang warfare erupted in her neighborhood. She suggested that additional police officers are necessary and that the curfew ordinance needs to be enforced. She also suggested that barricades to divert traffic might help. She reported that an apartment at 610 -612 North 6th Street has a problem with gangs, drugs and prostitution. Doug Peters, attorney representing Superior Refuse, advised Council it appears that the Council's intent in Ordinance No. 96 -12 to allow anyone to be able to collect recycling may not be possible. There are two jurisdictions that have jurisdiction over this; the City and the Washington Utilities Transportation Commission (WUTC). The WUTC has jurisdiction over solid waste if the local jurisdiction did not maintain control. He suggested that the language of the ordinance exercises no control over the enterprise of recycling. Yakima Waste System, Inc.. petitioned the WUTC asking for authority for solid waste collection collected from properties annexed to the city since March 6, 1963. They may issue an exclusive permit to Yakima Waste System for recycling collection. Following discussion, it was the general consensus of the Council to refer this to the Legal Department to research this issue. Jerry and Eula Price, 315 North 29th Avenue, and Isabele Simmons, 307 North 29th Avenue, sought information from the City regarding ownership and management of the irrigation canal which overflowed during the flood period causing several thousand dollars of damage to their homes. The request was referred to staff. Richard Andring, 203 South 8th Avenue, once again, demanded that the bus service restriction between 2:30 and 3:30 p.m. by Davis High School be removed. He stated he is being denied access to the closest bus stop. He threatened to go to the ADA if something is not done immediately to remove the sign. 9. REPORT FROM ENGINEERING CONSULTANT REGARDING 18TH STREET, CHALMERS, RIVERSIDE, AND BEECH STREETS (MOTION REQUIRED TO REMOVE FROM THE TABLE) It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO REMOVE THIS ISSUE FROM THE TABLE. The motion carried by unanimous voice vote; Barnett temporarily absent; Berger absent. City Engineer French reviewed the staff recommendation to accept the three -lane roadway design with a three -way stop at the intersection of Riverside and Chalmers; add this project to the City Capital Facilities Plan as an unfunded need; and require that new or redevelopment along the corridor dedicate right -of -way and install frontage improvements consistent with the plans and design provided by Gray & Osborne. Following, discussion, it was MOVED BY SIMS, SECONDED BY BARNETT, TO ACCEPT THIS AS THE DESIGN, ADD IT TO THE CIP AS UNFUNDED, AND REQUIRE THAT ANY NEW DEVELOPMENT OR REDEVELOPMENT PROVIDE THE FRONTAGE IMPROVEMENTS AND RIGHT-OF- 4 455 FEBRUARY ;, 2 0 , 19 9 6 IP WAY FOR THEIR PROPERTY. The motion carried by unanimous voice vote; Berger absent. 10. REPORT CONCERNING COUNCIL'S REQUEST REGARDING OVERTIME AND ILLEGAL PARKING INFRACTION PENALTIES Bert Tabayoyon, Customer Services Manager, was available to respond to questions. There was discussion about the elimination of parking in front of mail boxes and whether the proposed citation would be appropriate. Barbara Harris, citizen, requested enforcement of the parking restriction in her neighborhood and questioned why citations aren't given for these violations. Bev Luby Bartz asked about the definition she previously requested regarding parking on a sidewalk or planting strip. City Manager Zais reported that staff had sent her a letter responding to her request. He stated he would provide her with that information. Mayor Buchanan also requested a copy. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO ACCEPT THE RECOMMENDATION. The motion carried by 4 -2 voice vote; Barnett and Buchanan voting nay; Berger absent. City Manager Zais reported staff would have to petition the District Court to approve the increases. *11. CONSIDERATION OF AWARD OF CITY LEGAL ADVERTISING CONTRACT (AVAILABLE TUESDAY) The City legal advertising publishing contract was awarded to the Yakima Herald Republic. *12. ACCEPTANCE OF THE 1994 YEAR -END STATE AUDIT REPORT The 1994 Year -End State Audit Report was accepted. 13. CONSIDERATION OF PROPOSED FEE ADJUSTMENT FOR LAND DEVELOPMENT APPLICATIONS Joan Davenport, Supervising Planner, was available to respond to Council's questions. Following considerable debate about the option of charging $25 per application for mailing colored maps to the public, it was MOVED BY BARNETT, SECONDED BY KLINGELE, TO ACCEPT THE 1996 FEE SCHEDULE, WITHOUT THE OPTION, AT 3.3% CPI PROPOSAL. Richard Andring commented it is not the color on the map that is important, but that the map contains accurate information. The question was called for a vote on the motion. The motion carried by unanimous voice vote; Berger absent. *14 CONSIDERATION OF RESOLUTION APPROVING THE FINAL PLAT OF CHESTNUT GROVE TOWNHOMES RESOLUTION NO. R- 96 -21, A RESOLUTION approving the final plat of Chestnut Grove Townhomes creating a new 32 lot residential plat in the vicinity of 5101 W. Chestnut Avenue, and authorizing the Mayor to sign the final plat of Chestnut Grove Townhomes. 5 456 FEBRUARY 20, 1996 15. CONSIDERATION OF RESOLUTION AUTHORIZING TRANSIT ROUTE CHANGES Richard Andring objected to the free fare period proposed to kick off the new route changes. He felt that money could be used to enhance the service. He further suggested negotiating for bus stops by the Mall. Resolution No. R -96- 22 having been read by title, it was MOVED BY SIMS, SECONDED BY KLINGELE, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Berger absent. Council Member Puccinelli suggested a promotional program where merchants would be solicited to provide coupons for services. The fees collected for this promotional give -away program would offset the revenue loss for the free fares. RESOLUTION NO. R- 96 -22, A RESOLUTION modifying the Transit System routes and schedules and providing a free fare promotional period. 16. SET DATE OF PUBLIC HEARING FOR MARCH 29, 1996 ON THE IRRIGATION ASSESSMENT ROLL Council Member Barnett questioned the elimination of District No. 748 from the assessment roll and pointed out other errors on the list. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO CONTINUE THIS UNTIL THE NEXT COUNCIL MEETING. The motion carried by 5 -1 voice vote; Klingele voting nay; Berger absent. *17. SET DATE OF PUBLIC HEARING FOR MARCH 5, 1996 FOR RECONSIDERATION OF GARRETT STREET RIGHT OF WAY VACATION March 5, 1996 was set as the date of public hearing for the reconsideration of the request to vacate a portion of Garrett Street right -of -way. *18. APPROVAL OF CABLE COMMUNICATIONS YCTV /YPAC 1995 ANNUAL REPORT The Cable Communications Division YCTV /Y -PAC 1995 Annual Report was accepted. *19. CONSIDERATION OF RESOLUTION APPROVING PUMP STATION DESIGN STANDARDS RESOLUTION NO. R- 96 -23, A RESOLUTION adopting a design standard for sewage pump and lift stations for the City of Yakima sewerage system. *20. CONSIDERATION OF RESOLUTION AMENDING CORRECTION /DETENTION AGREEMENT WITH YAKIMA COUNTY RESOLUTION NO. R- 96 -24, A RESOLUTION authorizing, ratifying, and directing the City Manager and City Clerk of the City of Yakima to execute a correction /detention agreement with Yakima County. *21. ACCEPTANCE OF THE FOURTH QUARTER 1995 TREASURY REPORT The 3rd and 4th Quarter 1995 Treasury Report was accepted. 6 FEBRUARY r, 1996 gg,yr *22. APPROVAL OF THE ANNUAL BROKER SERVICES REPORT AND CONSIDERATION OF RESOLUTION ACCEPTING FOURTH QUARTER CLAIMS REPORT The 1995 Annual General Risk Management Services Report was accepted. RESOLUTION NO. R- 96 -25, A RESOLUTION accepting and approving the Quarterly Insurance Claims Report. *23. CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING ALARM MONITORING FEE STRUCTURE ORDINANCE NO. 96 -16, AN ORDINANCE relating to fire prevention and private fire alarm system connection and monitoring; changing references to the "City fire alarm center" to City dispatch center "; and altering the monthly fee structure for provision of fire alarm monitoring service; and amending Sections 10.03.030, 10.03.050, 10.03.060, 10.03.070, 10.03.080, 10.03.090, 10.03.095, 10.03.100, 10.03.110, and 10.03.120, all of the City of Yakima Municipal. Code. *24. CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO UTILITY CHARGES FOR RESIDENTIAL KIDNEY DIALYSIS PATIENTS ORDINANCE NO. 96 -17, AN ORDINANCE relating to utility, charges for domestic water service and sewer service and providing that the water needed for home kidney dialysis shall be available without charge to residential customers. *25. FIRST READING OF AN ORDINANCE AMENDING THE 1996 BUDGET AND APPROPRIATING FUNDS FOR TRANSIT CONTRACT SETTLEMENT An Ordinance amending the 1996 budget and appropriating funds to provide for wage and benefit settlement for Transit AFSCME Bargaining Group, having been read by title only, was laid on the table for two weeks until March. 5, 1996. 26. OTHER BUSINESS Council Member Sims commented that about one year ago Council went to the State about changing the law in order to consolidate our irrigation districts and the ability of assessing additional capital for major construction. He stated he would like Council to review the report that was given to them about six months ago. City Manager Zais stated staff is to gather information to select a firm to help update the costs to upgrade the irrigation system. It was the consensus of the Council to review that information and the option mentioned by the City Manager to form a separate irrigation utility. Information Items: Items of information provided to Council were: Memorandum from CDAC regarding Neighborhood Improvement Program 7 458 FEBRUARY 20, 1996 Application Process. 2/14/96; Informational Handout on Community Development Week Planning Committee Meeting. 2/20/96; Hearing Examiner Agenda for Thursday, February 22, 1996; Letter from HUD concerning funding availability for various housing programs. 2/9/96; Planning Division Assignments Pending for February 20, 1996; Memorandum from the Yakima County Treasurer regarding 1996 Tax & Assessment Certification & Statements. 2/13/96; Letter From U S West Regarding Status On Repairs And Outages Due To Weather Related Causes. 2/12/96; Announcement from State Public Works Board regarding New Public Works Board Policy; Agenda for 2/28/96 PTBA Board of Directors Meeting and Draft Modification of PTBA Benefit Area Comprehensive Transit Plan and Minutes of meetings; Bulletin. entitled TRUST SPECIAL BULLETIN concerning AWC issues; Yakima Transit Quarterly Report, Fourth Quarter 1995. February 1996; and Article from Yakima Valley Business Journal, February, 1996 entitled Recycled paper no longer just a niche business. 27. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING (FIRE), PROSPECTIVE LITIGATION (DELINQUENT SEWER BILLINGS), AND PROPERTY ACQUISITION (CBD AREA) (ALLOW 30 MINUTES) It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY TEN MINUTES TO DISCUSS COLLECTIVE BARGAINING, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Berger absent. 28. ADJOURNMENT Following the executive session, the meeting adjourned at 5:52 p.m. READ AND CERTIFIED ACCURATE BY : . / - � /. - /' - / O CIL MBER � DATE ir SO 1_. 'A t _ L 7- q 7 IL / MEMBER DATE ATTEST: CITY CLERK 4L4/41 LYNN BUCHANAN, MAYOR An audio and video tape of this meeting are available in the City Clerk's Office 8