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HomeMy WebLinkAbout05/06/1997 Business Meeting 3 5 CITY YAKIMA, WASHINGTON MAY 6, 1997 BUSINESS MEETING 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, Ernie Berger, John Klingele, John Puccinelli, and Bernard Sims present on roll call. City Manager Zais, Assistant City Attorney Harvey, 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 It was MOVED BY BERGER, SECONDED BY SIMS, TO APPOINT JACK • McGIBBON - TO FILL A VACANCY ON THE CABLE ADVISORY COMMITTEE UNTIL SEPTEMBER 29, 1998.. The motion carried unanimous voice vote. A. PROCLAMATIONS • OLD TIME FIDDLERS ASSOCIATION Council Member Puccinelli read a proclamation declaring May 1997 as Washington Old Time Fiddlers Association Month. The Association entertained Council with a wonderful recital. • SPRINGFEST 1997 Mayor Buchanan read a proclamation declaring May 17, 1997 as Springfest 1997 Day in Yakima. The proclamation was presented to John Lackie. • TRY TRANSIT WEEK Council Member Beauchamp read a proclamation declaring May 12 -16, 1997 as Try Transit Week. The proclamation was presented to Transit Manager Bill Schultz and Larry Wilder, Transit Operator of the Year. • CELEBRATE CONSTRUCTION WEEK Mayor Buchanan read a proclamation declaring May 5 -9, 1997 as Celebrate Construction Week in Yakima. The proclamation was presented to Leann Liddicoat. 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 Item No. 10 to the Consent Agenda and remove Items Nos. 17 and MAY 6, 1997 3 5 1 23. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. 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. APPROVAL OF THE MINUTES OF .JANUARY 7, APRIL 1 AND 15, 1997 BUSINESS MEETINGS AND APRIL 1, 1997 ADJOURNED MEETING The minutes of the January 7, April 1 and 15, 1997 Business meetings and April 1, 1997 Adjourned meeting were approved having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. SPECIAL PRESENTATION BY YAKIMA COUNTY SUBSTANCE ABUSE COALITION FOR AUTHORIZATION TO PROCEED WITH DRUG -FREE ZONE IN NORTHEAST YAKIMA Ester Huey, Executive Director of Yakima County Substance Abuse Coalition; Eric Lee, Substance Abuse Coalition at Barge- Lincoln Elementary School; and Dan Yost, Principal at Barge - Lincoln Elementary School; were present to promote the designation of a Drug -Free Zone which would include Barge - Lincoln Elementary School. Maps of the proposed drug -free zone were distributed and Council was advised that the Yakima County Commissioners approved this drug -free zone at their meeting this morning. The School Board will hear this presentation later this month. The purpose for the drug - free zone is to allow for greater penalties and fines for drug trafficking within the declared zone. Council Member Sims suggested that the zone be enlarged to include Front Street to Yakima Avenue to include the County jail and the Front Street merchants. Police Chief Blesio responded to Council's questions about why the entire City isn't declared a drug -free zone. Mr. Yost stated this zone was established by plotting a 1,000' area around the bus stops for the school. It was MOVED BY BERGER, SECONDED BY BEAUCHAMP, TO ESTABLISH THIS DRUG -FREE ZONE, AS AMENDED. The motion carried by 6 -1 voice vote; Klingele voting nay. 7. PUBLIC HEARING TO CONSIDER RIGHT -OF -WAY VACATION FOR PARKING LOT FOR WASHINGTON MIDDLE SCHOOL REQUESTED BY YAKIMA SCHOOL DISTRICT This being the time set for the public hearing, Dan Valoff, 1/ Associate Planner, stated the application is for a 31 stall parking lot for Washington Middle School. The Hearing Examiner recommended approval of the application, subject to a number of conditions. The staff recommendation is to uphold the Hearing Examiner's recommendation. Mayor Buchanan opened the public hearing to receive public testimony. Dennis Dean, KDF Architecture, representing the School District, distributed a request to amend a couple of the Hearing Examiner's recommended conditions, which he reviewed. Findings, Item 7: "There is a sidewalk on 7th 2 3.52 MAY 6, 1997 Street which will not be modified "; the request is to replace the last sentence of the first paragraph with "Maple Street does not have a sidewalk, but one will be installed by the District next to the curb." Recommendation, Item 1.2: "Delete the last sentence, `There should be a commercial driveway approach from the alley into the parking area.' This was not required for the existing parking just east of the new parking and does not appear to be necessary." Recommendation, Item 1.4: "It was never our intention to install a driveway on South 7th Street because of traffic concerns. If this item only states if an approach is installed then it must be a commercial driveway, that's acceptable." Ms. Harvey advised Council they have the option of amending the Hearing Examiner's recommendation or remanding it back to the Hearing Examiner. After questioning, staff indicated they had no objection to the changes as requested. Mr. Dean also requested that the parking stall depth be changed from 19' to 18' to limit the amount of right -of -way needed. There being no other citizen wishing to speak, the public hearing was closed. It was MOVED BY BEAUCHAMP, SECONDED BY BERGER, TO APPROVE THE REQUEST, INCLUDING THE RECOMMENDATION CONTAINED IN THE LETTER AND THE PARKING STALL DEPTH CHANGE TO 18', AND REQUEST STAFF TO BRING BACK THE APPROPRIATE LEGISLATION. The motion carried by unanimous roll call vote. 8. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION FOR BLINSKY REZONE This being the time set for the public meeting, Vaughn McBride, Assistant Planner, reviewed the staff report. The intended purpose for the rezone is for a parking lot to support Mr. Blinsky's business across the street. The public hearing was held by the Hearing Examiner on September 13 and he rendered a recommendation to approve the rezone. He stated that staff recommends approval of the rezone. Mayor Buchanan opened the public meeting to receive testimony. There being no citizen wishing to address this issue, the public meeting was closed. It was MOVED BY KLINGELE, SECONDED BY SIMS, TO ACCEPT THE REZONE AND REQUEST STAFF TO BRING BACK THE APPROPRIATE LEGISLATION. The motion carried by unanimous roll call vote. 9. AUDIENCE PARTICIPATION Lynne Kittelson, 305 North 9th Street, reported a concern about the speeding vehicles on the Lincoln /B couplet where there are no speed limit signs. Of greater concern is the lack of sidewalks in that area, particularly between 8th Street and 9th Street. She stated that pedestrians have to walk in the street due to vehicles parking in the parking strip. Mr. Zais stated that part of Ms. Kittelson's concerns will be addressed when funding becomes available to finish the I -82 project. He stated he will refer the speeding and parking violations to staff to address. Dan Hernandez, 216 E. Yakima Avenue, read a statement concerning the Community Development Advisory Committee. He 3 353 • MAY 6, ;, 1997 stated that a majority of the committee members will remain intact as a citizens tgroup dedicated to City involvement. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH THE CITY OF ELLENSBURG FOR DRUG DETECTION DOG SERVICES RESOLUTION NO. R- 97 -64, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an Agreement with the City of Ellensburg, a Washington State municipal corporation, for the purpose of utilizing its drug detection dog and dog handler to assist the Yakima Police Department with drug enforcement. 11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR YAKIMA INTERURBAN ELECTRIC RAILROAD RELOCATION Jerry Henderson, 309 N. 35th Avenue, past president of YILA, suggested Council approve this agreement with one caveat, that the City negotiate the loss of revenue between the YILA and the State of Washington, which was a provision in the original draft. He commented that without being able to go to Selah, the system won't be a true interurban line. Eilert Bjorge, State Department of Transportation, stated that initially it was thought that the trolley would be unable to travel to Selah and the intent was to make them whole. The trolley will be running to within 1400 feet of Southern Avenue; which would not be interurban, but they were hoping the construction would be a tourist attraction. He stated he would be willing to sign a letter of commitment to meet with YILA so the agreement can be signed now as written. Mr. Henderson stated that would be agreeable with him. Resolution No. R -97 -65 having been read by title, it was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 97 -65, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to enter into the attached Yakima .Interurban Electric Railroad Relocation Construction Agreement with the Washington State Department of Transportation and Yakima Interurban Lines Association (YILA) for the purpose of relocation of a portion of the Yakima to Selah Electric Railroad. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY PARKING EASEMENT ADJACENT TO THE LIBERTY BUILDING FOR YAKIMA VALLEY MEMORIAL HOSPITAL ASSOCIATION I/ RESOLUTION NO. R- 97 -66, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a "Temporary Parking Easement" in favor of the Yakima Valley Memorial Hospital Association. *13. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF SURPLUS CONFISCATED VEHICLES AT AUCTION RESOLUTION NO. R- 97 -67, A RESOLUTION authorizing the sale of surplus /confiscated vehicles owned by the City. 4 354 MAY 6, 1997 *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA SCHOOL DISTRICT AND YAKIMA COUNTY FOR SUMMER RECREATIONAL PROGRAM FOR YOUTH WITH SPECIAL NEEDS RESOLUTION NO. R- 97 -68, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima, the School District and the County to provide a summer recreation program for youth with special needs. *15. REPORT ON MUNICIPAL COURT STATUS AND LEGISLATION PERTAINING TO PROBATION SERVICES FACILITY: A. ORDINANCE AUTHORIZING G.O. LINE OF CREDIT • ORDINANCE NO. 97 -29, AN ORDINANCE of the City of Yakima, Washington, providing for the issuance and sale of a limited tax general obligation bond of the City in the aggregate principal amount of $5,000,000, for the purpose of establishing a line of credit to provide funds for various lawful City purposes and to pay the costs of issuance of said bond, providing th6 date, form, and repayment terms of said bond and for the pledge of funds to pay the principal thereof and interest thereon, and approving the sale of such bond. B. RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING PROFESSIONAL SERVICES AGREEMENT WITH N.E.I. FOR SITE PLAN DESIGN RESOLUTION NO. R- 97 -69, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Nobel Engineering, Inc., an engineering firm, for the preparation of a site plan and associated details for the installation of East Spruce and South Third Streets. *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS FOR THE 1997 NEIGHBORHOOD IMPROVEMENT PROJECTS: A. ASOCIACION DE BARRIOS HISPANOS B. GREATER FAITH BAPTIST CHURCH C. YAKIMA HOUSING AUTHORITY RESIDENTS D. YWCA RESOLUTION NO. R- 97 -70, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to implement the approved projects included in the 1997 Neighborhood Improvement Program. 17. CONSIDERATION OF REPORT REGARDING MANAGEMENT OF BUSINESS INCUBATOR PROJECT Commending the work of the Economic Development Committee, Council Member Beauchamp nevertheless suggested giving the entire Council an opportunity to interview the applicants. Following discussion about this suggestion and the timing for the interviews, it was MOVED BY BEAUCHAMP, SECONDED BY 5 355 MAY 6,, 1997 PUCCINELLI, TO HAVE AN ADDITIONAL MEETING TO INTERVIEW THE APPLICANTS AT A TIMETHAT CAN SCHEDULED WITHIN THE NEXT WEEK OR SO. The motion carried by 6 -1 voice vote; Barnett voting nay. *18. APPROVAL OF FINANCIAL REPORTS:. 1/ A. 1996 YEAR -END BUDGET REPORT The 1996 Year -End Budget Report was approved. • B. 1997 FIRST QUARTER BUDGET REPORT The 1997 First Quarter Revenue and. Expenditure Report was approved. C. 1997 FIRST QUARTER ACCOUNTS RECEIVABLE REPORT The 1997 First Quarter Accounts Receivable Status Report was approved. *19. ACCEPTANCE OF WASHINGTON STATE AUDIT REPORT FOR 1995 The Washington State Audit Report for 1995 was accepted. *20. APPROVAL OF FIRST QUARTER 1997 CAPITAL IMPROVEMENT PROJECTS REPORT The First Quarter 1997 Capital Improvement Projects Report was approved. *21. SET DATE OF PUBLIC HEARING FOR MAY 20, 1997 ON TCI CABLE FRANCHISE AGREEMENT; May 20, 1997 was set as the date of public hearing to review the Cable Television Franchise and one -year franchise extension recommendation. 22. CONSIDERATION OF ORDINANCE AUTHORIZING RIGHT -OF -WAY VACATION FOR SAFEWAY STORE Ordinance No. 97 -30 having been read by title only, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP TO PASS THE ORDINANCE. The motion carried by 4 -3 roll call vote; Barnett, Buchanan and Klingele voting nay. ORDINANCE NO. 97 - 30, AN ORDINANCE vacating the west 14.5 feet of City of Yakima right -of -way along North 4th Avenue I/ between West Lincoln Avenue and West "B" Street. 23. CONSIDERATION OF ORDINANCE REPEALING MUNICIPAL CODE CHAPTER 1.39 REGARDING THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE City Manager Zais stated the ordinance will dissolve the Committee with the intent of reconstituting it after the new division manager is hired. Lynne Kittelson, 309 South 9th Street, expressed her disappointment and anger that the Committee is being dissolved. She referenced a letter from Rosemary Small which requests that Dan Hernandez and Lynne 6 356 MAY 6, 1997 Kittelson be removed from the Committee. She stated that many slanderous allegations were made; however, no one questioned her about the accusations. She thought the Committee deserves an apology. Ordinance No. 97 -31 having been read by title, it was MOVED BY BERGER, SECONDED BY KLINGELE, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 97 -31, AN ORDINANCE relating to the Community Development Advisory Committee; repealing Chapter 1.39. in its entirety, consisting of Sections 1.39.010, 1.39.020, 1.39.030, 1.39.040 and 1.39.050, all of the City of Yakima Municipal Code. *24. SECOND READING OF ORDINANCE AMENDING THE 1997 BUDGET AND APPROPRIATING FUNDS TO FUND AFSCME COLLECTIVE BARGAINING SETTLEMENT An Ordinance amending the 1997 budget and appropriating funds for AFSCME Labor Settlement and Employee Benefit Reserve adjustment costs, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 97 -32, AN ORDINANCE amending the 1997 budget for the City of Yakima; making appropriations for AFSCME Labor Settlement and Employee Benefit Reserve adjustment costs from Unappropriated Fund Balances within various Funds for expenditure during 1997. *25. SECOND READING OF ORDINANCE AMENDING THE 1997 BUDGET AND APPROPRIATING FUNDS FOR PROFESSIONAL SERVICES FOR SURFACE TRANSPORTATION BOARD /BURLINGTON NORTHERN RAILROAD LITIGATION An Ordinance amending the 1997 budget and appropriating funds for Railroad Litigation Expenses, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 97 -33, AN ORDINANCE amending the 1997 budget for the City of Yakima; making appropriations for Unanticipated Railroad Litigation Expenses from Unappropriated Fund Balances with various Funds for expenditure during 1997. 26. OTHER BUSINESS A. REVIEW POLICE OFFICER IN PURSUIT VIDEO City Manager Zais stated this video needs to be shown in Executive Session because it concerns pending litigation. Council Member Beauchamp requested staff review speeding violations at South 7th Street and Arlington and suggested a four -way stop sign at that intersection. This concern was referred to Police and Traffic Engineering. 7 357 MAY 6, 1997 e Council Member Beauchamp requested letters be sent to the members of CDAC tohank them for their service. The meeting time for the May .13th Adjourned meeting was changed to 8:30 a.m. I/ Information Items: Items of information provided to Council were: Yakima Wastewater Treatment Facility Progress Report for February 1997; Agenda for May 8, 1997 Hearing Examiner meeting; Assignments Pending in Office of Environmental Planning as of May 6, 1997; News Release regarding Host an International Exchange Student! 4/28/97; Office of Neighborhood Development Services monthly report for March 26, 1997 to April 30, 1997; Agenda for May 8, 1997 Downtown Area Redevelopment committee meeting and minutes of its April 3, 1997 meeting; Article from March 22, 1997 Reno Gazette - Journal, "Rail Boss Questions Reno Plan's Price Tag "; and Winter- Spring 1996 -97 publication, About Growth. 27. EXECUTIVE SESSION REGARDING PENDING LITIGATION (TERRACE HEIGHTS /UNION GAP UTILITY BILLING DISPUTE) AND PROPERTY DISPOSITION It was MOVED BY KLINGELE, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING AND PROSPECTIVE LITIGATION AND PROPERTY DISPOSITION, WITH IMMEDIATE ADJOURNMENT TO MAY 13, 1997 AT 8:30 A.M. The motion carried by unanimous voice vote. 28. ADJOURNMENT TO MAY 13, 1997 AT 8:30 A.M., POLICE STATION /LEGAL CENTER, FOR STUDY SESSION ON LABOR NEGOTIATIONS; THEN TO MAY 20, 1997 AT 7:30 A.M., ESD #105 FOR JOINT CITY /COUNTY /UNION' GAP MEETING; THEN TO 11:30 A.M., CAVANAUGH'S FOR EXECUTIVE SESSION FOR CITY MANAGER'S ANNUAL EVALUATION Following the conclusion of the Executive Session, the meeting adjourned at 4:25 p.m. READ AND CERTIFIED ACCURATE BY: O � � _,/ �t�, COU IL MEMB R DATE COUNCIL MEMB - DATE ATTEST: I/ 7 . -2. /e6 CITY CLERK LYNN BUCHANAN, MAYO An audio and video tape of this meeting are available in the City Clerk's Office 8