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HomeMy WebLinkAbout04/07/1998 Business Meeting 103 CITY OF YAKIMA, WASHINGTON APRIL 7, 1998 BUSINESS MEETING 1. ROLL' CALL 6 The City Council met in session on this date at 2:00 p.m., in the Council Chambers of City Hall, Yakima, Washington, Mayor John Puccinelli, presiding. Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, Mary Place, and Bernard Sims present on roll call. City Manager Zais, City Attorney Paolella and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE Mayor Puccinelli gave the invocation. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) COMMUNITY DEVELOPMENT WEEK (APRIL 6 -12, 1998) Mayor Puccinelli declared April 6 -12, 1998 as Community Development Week. Mayor Puccinelli and Bill Cook, Neighborhood Development Manager, presented certificates honoring volunteers who have assisted in community development in Yakima. Certificates were presented to service clubs from Davis High School and Eisenhower High School, Providence Service Clubs, parent volunteers from St. Paul Cathedral School and St. Joseph Marquette School, the Arboretum, and Habitat for Humanity utilizing Americorp students. Also, new home ownership and rehabilitation programs from participating banks were recognized for recently committing $9 million over the next five years. Certificates were presented to Central Valley Bank, Pioneer National Bank, Yakima Federal Savings and Loan, Pacific One Bank, Seafirst ' I/ Bank and U S Bank. Council Member Place commended Bill Cook for doing an excellent job in the Neighborhood Development Division. Council Member Buchanan referred to an April 4, 1998 article in the Yakima Herald Republic which reported that an animal right's group had requested Mayor 104 APRIL 7, 1998 Puccinelli to write a letter to our Taiwanese sister city, Keelung, regarding destroying stray dogs. Council Member Buchanan suggested it was inappropriate for the City Council to take a stand in this issue. 4. CONSENT AGENDA Mayor Puccinelli referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. At the request of a citizen, Agenda Item No. 16 was removed from the Consent Agenda. The Deputy City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS AMENDED, 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 MINUTES OF THE JANUARY 13 AND 20, FEBRUARY 3, AND 17, AND MARCH 3, 1998 BUSINESS MEETINGS The minutes of the January 13 and 20, February 3 and 17, and March 3, 1998 Business meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION Sherry Weddle, 4601 Powerhouse Road, representing Riverview Mobile Home Park residents, presented a letter of concern regarding conditions at the park. The residents' major areas of concern were fire protection, the distance between the houses, roads, safety from the canal, ingress and egress and the number of houses. Ms. Weddle said they were originally informed that the park was to be a senior citizen's park which would require a ratio of 80/20 (80% seniors and 20% family) . That ratio is not being met. Ms. Weddle went on to explain there are only four fire hydrants in the entire park and because of the closeness of the houses it would be difficult for firefighters to get around in the event of a fire. The houses are extremely close with some being only 58 inches between eaves. This allows for less than 30 inches for each yard. She spoke about the condition of the roads saying they were mainly dirt, mud and rock. Ms. Weddle also voiced extreme concern regarding the canal that is not covered nor fenced. During the discussion that followed Ms. Weddle's presentation, Leonard Hall, Code Administrator, advised the • 2 105 APRIL 7, 1998 sewer and water have been installed and certified. The Final Site Plan has not been approved. He said they are under temporary certificates of occupancy which expire May 11 The park must be in compliance by that date which will require the roads to be paved, a six -foot tall wooden fence must surround the area, and the Final Site Plan must be submitted. It was also clarified that manufactured homes do not fall under the uniform building codes. Council Member Place asked if we could discontinue allowing more homes to go in until the park is in compliance. City Manager Zais answered that this will require legal research with the Codes Director to see if restrictions can be placed on further occupancy or access beyond those that have already been permitted. Robert Owen, 614 North 3 Street, reiterated a complaint he phoned in two weeks ago as a result of again being stopped by the same policeman. He said that while he was being detained another person showed up and began . cursing and threatening him. City Manager Zais said we have previously responded to complaints that have been raised with regard to police harassment and did not find any evidence of validity to that. This latest incident was relayed within the last ten days and'the Chief has commissioned a further look to see if there are any additional problems. Larry Matthews, 805 South 17 Avenue, urged the Council to retain the Pitbull, Ordinance. He also raised concern regarding the proposal to trade property up the Naches for seven acres of wetland at the airport. Mr. Matthews feels the City should keep title to the Naches land because it may be required as a future source for water. He stated that no trading should be done until people with technical knowledge can review the issue. City Manager Zais assured Mr. Matthews that we won't give up any water rights and this would be brought up to the public and the Council when we have a proposal to I/ submit. Bobbi Harvin, 914 South 7 Street, circulated a picture of her dog and expressed concern and disagreed with a judge's recent determination that her dog is a pitbull. She was unhappy with the Animal Control officers coming into her yard and taking her dog off a chain to impound. She also described the foul conditions the dog was housed in at the Humane Society. After discussion, Jeff 3 106 APRIL 7, 1998 West, City Prosecuting Attorney, explained that this issue is in litigation at this time. Ms. Harvin is planning to appeal which will have to be remanded back to District Court. City Manager Zais commented that the enforcement procedure will be reviewed. Rhonda Bushmaker, 716 South 34 Avenue, came forward to I/ address the irrigation issue. They have recently put in an underground sprinkler system using, domestic water after consulting with the City and being told they would no longer have to pay for irrigation water. She asked if the City was going to develop a plan allowing citizens the option to not use the irrigation system and, therefore, not pay for it. Mayor Puccinelli took this opportunity to explain the current irrigation situation. James, Cenci, 220 North 16 Avenue expressed his view that irrigation should be charged on the size of the irrigated portion of a lot, not the entire lot, or meter the usage. He asked if the increased cost he received could be spread over a period of years. City Manager Zais explained that the irrigation repair timeline to fix the entire system is 20 years. Sid Hessey, 3009 West Chestnut, also spoke on behalf of paying for irrigation usage not total square footage, as did Aileen Kane of 702 South 14 Avenue. Carol Cummins, 3106 Bonnie Doone, spoke regarding her need to implement an irrigation shut -off valve on her property by the year 2001. She explained how it came to be that there wasn't one on her property and requested consideration from the City in bringing the water line to her property. She also described how the original house's water line runs under her living and dining rooms. This should not have been allowed at the time of the property subdivision. Dueane Calvin, Water and Irrigation Supervisor, stated the City would relocate I/ the original home site's water service at no cost to Ms. Cummins. 4 10 APRIL 7, 1998 7. REPORT FROM TRAFFIC ENGINEERING CONCERNING REQUEST FOR NEIGHBORHOOD STOP SIGN (11 AVENUE AND ARLINGTON) Shelly Willson, Supervising Traffic Engineer, spoke in response to a letter written in December 1997 requesting the City look at the intersection of 11 Avenue and Arlington. This intersection has previously been reviewed in 1989 and 1995 and as a result it was recommended that no additional traffic control devices be installed. It was MOVED BY BUCHANAN, SECONDED BY KLINGELE, TO ACCEPT ALTERNATIVE ONE. The motion carried by unanimous roll call vote. 8. CONSIDERATION OF RESOLUTION AUTHORIZING TEMPORARY LICENSE WITH ELECTRIC LIGHTWAVE, INC. TO CONDUCT TELECOMMUNICATIONS BUSINESS IN YAKIMA Randy Beehler, Cable Communications Manager, explained that the resolution is for authorization of a temporary license agreement for Electric Lightwave, Inc. to build it's network and do business here in Yakima while issues relating to approval of a longer term franchise are being resolved. Council member Barnett raised the question of whether this is in conflict with the City Charter. Resolution No. R -98 -43 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. City Attorney Paolella stated there are two separate issues; the issue for the declaratory judgement relating to whether it is necessary for the final franchise agreement to be voted upon by the people at an election, and the issue of a temporary license agreement authorizing Electric Lightwave to operate until a franchise can be finalized. The temporary agreement is the only item in front of the Council at this time. The City is trying to comply with a new Federal law that provides opportunities for new telecommunications providers to come into the City. City Attorney Paolella advised that under the Federal Law we could not deny access to telecommunication providers. The temporary license agreement is the best vehicle for accomplishing compliance with both the Federal Law and the City Charter while getting the answers needed on the final franchise as soon as possible. Helen Harvey, Assistant City Attorney, introduced Denise Bradley, a Right -of -Way Acquisition Specialist from Electric Lightwave who assured the Council they are not trying to circumvent the City Charter but trying to provide services while the legal issues are being resolved for a permanent 5 108 APRIL 7, 1998 franchise. She clarified that they are a commercial service only and that they understand the risks of investing in an infrastructure in Yakima even though they may have to go before a vote of the citizens. The question was called for a vote on the motion. The motion carried by 5 -1 roll call vote; Klingele voting nay and Barnett abstaining. RESOLUTION NO. R- 98 -43, A RESOLUTION authorizing the Mayor to execute a Temporary License Agreement with Electric Lightwave, Inc., a Washington corporation, which authorizes Electric Lightwave, Inc. to occupy City rights -of -way in order to construct, operate and maintain a telecommunications network in the City of Yakima, WA. 9. CONSIDERATION OF REQUEST FROM JEM DEVELOPMENT FOR CLOSURE OF ALLEY BETWEEN " A" STREET AND LINCOLN AVENUE, WEST OF NACHES AVENUE AND RESOLUTION AUTHORIZING EXECUTION OF SPECIAL LICENSE AGREEMENT City Attorney Paolella explained this is a vehicle to allow closure of this alley as proposed in a March 10, 1998 letter from Mr. Moyer. The hours and other issues; such as fees, insurance, term, etc. will be included in the license agreement. Joseph Morrier, 402 Yakima Avenue, advised the purpose of the closure is for liability protection from traffic coming in and out from four different directions. The alley entrances would be chained off during the working hours of 7 a.m. to 9 p.m. It was recommended by Mayor Puccinelli that there be no fees associated with this closure but it be based on an annual basis. Council Member Barnett stated he would like to insure ,this agreement is reviewed on an annual basis. Council Member Sims suggested it be automatically renewable unless rescinded. Resolution No. R -98 -44 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY PLACE, TO APPROVE THIS RESOLUTION WITH AUTOMATIC RENEWAL OF THE LICENSE AGREEMENT ON AN ANNUAL BASIS UNLESS A COUNCIL MEMBER REQUESTS IT BE BROUGHT BACK BEFORE THE COUNCIL. The motion passed by unanimous roll call vote. City Manager Zais noted that the license agreement would be drafted' and brought back for Council review prior to execution. 6 109 APRIL 7, 1998 RESOLUTION NO. R-98-44, A RESOLUTION authorizing the City Manager and the City Clerk to execute a Special License Agreement with JEM Development Company and to take such other steps as may be necessary and prudent to satisfy JEM Development Company's request for a special permit to close the alley between " A" Street and " B" Street with a gate or chain during working hours. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH THOMAS WAUZYNSKI FOR DOWNTOWN BEAUTIFICATION /REDEVELOPMENT PLANNING RESOLUTION NO. R- 98 -45, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Professional Services Agreement with Thomas Wauzynski for the r purpose of providing consultant services to the Downtown Area Redevelopment Committee. *11. CONSIDERATION OF RESOLUTION AUTHORIZING REMOVAL OF TREE ON NORTH SECOND STREET IN VICINITY OF CITY HALL RESOLUTION NO. R- 98 -46, A RESOLUTION authorizing the removal of one locust tree located in the City right -of -way adjacent to the west side of Yakima City Hall, 129 North Second Street, Yakima, Washington. *12. CONSIDERATION OF BUDGET POLICY ISSUE FOR CONSTRUCTION QUALITY CONTROL TECHNICIAN SHARED BY WATER AND WASTEWATER DIVISIONS The 1998 Budget Policy issue to create a Construction Quality control Technician position to be shared between the Water and Wastewater Divisions was approved. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH WALSH MONCADA FOR RECLASSIFICATION STUDIES RESOLUTION NO. R- 98 -47, A RESOLUTION authorizing the City Manager and the City clerk of the City of Yakima to execute a Consulting Services Agreement with Walsh Moncada and Company for the purpose of conducting reclassification studies. *14. CONSIDERATION OF LEGISLATION REGARDING YPPA COLLECTIVE BARGAINING AGREEMENT: A. RESOLUTION AUTHORIZING EXECUTION OF COLLECTIVE BARGAINING AGREEMENT WITH YPPA 7 110 APRIL 7, 1998 RESOLUTION NO. R- 98 -48, A RESOLUTION authorizing and directing the City Manager and City Clerk of Yakima to execute a collective bargaining agreement for calendar years 1998, 1999, and 2000 with the Yakima Police Patrolmans Association (YPPA). B. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN ORDINANCE NO. 98 -17, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective January 1, 1998; amending Subsections 2.20.110 A, 2.20.110 B, 2.20.110 C, 2.20.110 D, 2.20.110 E, 2.20.110 F, 2.20.110 G, 2.20.110 J, 2.20.110 K, 2.20.110 L, and 2.20.110 N, all of the City of Yakima Municipal Code. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICE AGREEMENT WITH FISHER CONSULTING GROUP FOR BROKER SERVICES FOR HEALTH AND WELFARE BENEFIT PROGRAM RESOLUTION NO. R- 98 -49, A RESOLUTION authorizing the City Manager and the City Clerk to execute a Professional Services Agreement with Fisher Consulting Group, to provide consulting and brokerage services in connection with the health and welfare benefit programs of the City. 16. CONSIDERATION OF RESOLUTION AUTHORIZING DISPOSAL OF SURPLUS CITY PROPERTY BY AUCTION City Manager Zais stated that Mr. Matthews left a note indicating he is withdrawing his request to speak to this issue. Resolution No. R -98 -50 having been read by title it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 98 -50, A RESOLUTION authorizing the sale of surplus property owned by the City. *17. APPROVAL OF FINAL CONTRACT PAYMENT FOR WATER MAIN IMPROVEMENTS TO ENGLEWOOD AND 25 AVENUES (STANDARD MOTION V- B— ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) The report from the City Water /Irrigation Engineer, dated March 25, 1998, with respect to the completion of the work on the Water Main Improvements Englewood & 25 Avenue project, 8 111 APRIL 7, 1998 performed by Mountain States Construction Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *18. APPROVAL OF JANUARY AND FEBRUARY 1998 REVENUE AND EXPENDITURE (BUDGET) REPORTS The Revenue and Expenditure Report (Budget) for January and February 1998 was accepted. ORDINANCES *19. SECOND READING OF ORDINANCES AMENDING THE 1998 BUDGET AND APPROPRIATING FUNDS FOR: A. 1997 ENCUMBRANCES An Ordinance amending the 1998 budget and appropriating funds for 1997 year -end encumbrances, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO.. 98 -18, AN ORDINANCE amending the 1998 budget for the City of Yakima; and making appropriations for 1997 year -end Encumbrances from unappropriated Fund Balances within various Funds for expenditure during 1998. B. PILOT RECYCLING PROGRAM WITH YAKIMA COUNTY An Ordinance amending the 1998 budget and appropriating funds for a pilot recycling program with Yakima County, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 98 -19, AN ORDINANCE amending the 1998 budget for the City of Yakima; and making an appropriation of $5,000 in the 471-Refuse' Fund for expenditure during 1998 to begin a curbside recycling program. 20. OTHER BUSINESS • Council Member Place stated she was asked to announce that at the April 21 meeting the Yakima City Council will consider a resolution endorsing the Yakima School District Replacement levy. By a 3 -3 show of hands vote, Council Members did not support bringing this resolution to Council; Barnett, Klingele, and Sims voting nay; Buchanan absent. 9 112 APRIL 7, 1998 Information Items: • Items of information provided to Council were: Memorandum from Planning Manager regarding April Neighborhood Meetings. 4/2/98; Letter from the Board of Yakima County Commissioners regarding Operation Clean Sweep 98. 4/1/98; Agenda for the April 9, 1998 Hearing Examiner meeting; Memorandum from Planning Division regarding Office of Financial Management Population Determinations. 4/1/98; Memorandum from Planning Division Manager regarding Flood Damage Prevention Ordinance. 3/23/98; City of Yakima Planning Division Assignments Pending as of April 7, 1998; Monthly Report from Code Administration Division for March 1998; The Voter newsletter from the League of Women Voters. April 1998; and MRSC March 1998 Publication, Focus, " SEPA Rule Changes." 21. EXECUTIVE SESSION REGARDING PROSPECTIVE. LITIGATION AND COLLECTIVE BARGAINING (TRANSIT) It was MOVED BY KLINGELE, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION AND COLLECTIVE BARGAINING WITH IMMEDIATE ADJOURNMENT THEREAFTER TO APRIL 21, 1998 AT 7:30 A.M. TO DISCUSS GMA ISSUES. The motion carried by unanimous voice vote; Buchanan absent. 22. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 5:15 p.m. READ AND CERTIFIED ACCURATE BY: _„ ' • C•UNCIL ' 13`" ' DATE C'l 7"NBER - - DATE ATTEST: / - iye� CITY CLERK —V- JOHN PUCCINELLI, MAYOR Minutes prepared by Linda Watkins. An audio and videotape of this meeting are available in the City Clerk's Office 10