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HomeMy WebLinkAbout07/06/1999 Business Meeting 19 CITY OF YAKIMA, WASHINGTON JULY 6, 1999 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 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 City Clerk Roberts were also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE An Invocation was given by Mayor Puccinelli, followed by the Pledge of Allegiance led by Council Member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council Member Place honored Dorothy " Bill" Donelson Robertson, reflecting on the service she provided to the community by volunteering her time and money to improve Yakima. Mrs. Robertson passed away and her memorial service was being held at the same time as this meeting. A. PROCLAMATIONS (IF APPLICABLE) • ANNE MILLER - 1920 FIRE TRUCK Mayor Puccinelli read a proclamation in appreciation of Anne Miller's donation of the 1920 Seagraves Fire Engine to the City. The fire truck was once part of the fleet of the Fire Department in the first part of the century. Also included were a parts manual, title, and registration for the fire truck. • FARMERS' MARKET Mayor Puccinelli proclaimed July 12 -18, 1999, as Yakima Farmer's Market Week and encouraged all citizens to participate in the activities every Sunday, from 10 a.m. to 2 p.m., this summer until October 31, 1999. For more information about the event or to participate, contact Gina Smoot, Market Manager, at 457 -4765. Mayor Puccinelli commented on the fireworks ban in Yakima and noted that there were not nearly as many fireworks - related injuries or fires this year as in the past. • 20 JULY 6, 1999 • Council Member Place announced that City Manager Zais had recently celebrated a milestone birthday, as his staff hung a happy 50 birthday banner on the wall. 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. It was the general consensus to remove Items Nos. 17 and 20 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 BUCHANAN, 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 JUNE 1, 1999 SPECIAL BUSINESS AND JUNE 15, 1999 SPECIAL AND BUSINESS MEETINGS The minutes of the June 1, 1999 Business meeting and June 15, 1999 Special and 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. PUBLIC HEARING ON 6 -YEAR TRANSPORTATION IMPROVEMENT PROGRAM This being the time set for the public hearing, Bob Desgrosellier, Acting Engineering. Division Manager, presented for Council consideration the 2000 -2005 Six -Year Transportation Improvement Program (TIP) and proposed amendments to the Street Improvements and Maintenance Overlay Program. All transportation projects included in the program are subject to participation from state gas tax revenue or federal revenue. After Council approval of the program, the first 11 projects, carried over from 1999, will be funded and constructed. Priorities 12 through 15 on the list will go to the Washington State Department of Transportation for further processing pending approval of a Public Works Trust Fund Loan application. The rest of the projects are unfunded and will remain on the list until a funding source has been identified or grant funding becomes available in the future. Mr. Desgrosellier answered several procedural questions as well as TIP project- specific inquiries from the Council. The following projects were included in the discussion: • The Mead Avenue widening and overlay project has been ranked at unfunded position number 4, with funding likely to be ' identified in the near future; however, widening Mead Avenue has 2 21 JULY 6, 1999 been eliminated from this project leaving only the overlay portion of the project. • Two River Road projects were discussed, one segment from 6th Avenue to 16 Avenue, prioritized as unfunded TIP priority number 33, and another segment from 16 to 40 Avenues listed on the Capacity Improvement Project List in the 20 -Year GMA Transportation Plan. The latter is not expected to last another 16 years, especially since the Riverside Mall Rezone has been • approved and commercial development is most likely to occur in this area. There was discussion that these two projects might be combined in a similar fashion as the Mead Avenue improvements discussed earlier during this meeting. • Each segment of the Durable Markings project will be reevaluated to determine whether there are any parking spaces proposed to be eliminated which should be done before markings are put down. Property owners will-be contacted to provide an opportunity for public input before,work is started. • Pending PWTF approval and further processing, Item No. 15, traffic lane paving on 1 Street at Walnut to Lincoln Avenue was extensively discussed, particularly as it relates to the 3rd Street and Yakima Avenue project. Mayor Puccinelli opened the public hearing and invited public testimony. Phil Hoge, 1512 Folsom, referred to several transportation enhancement grants the City of Yakima was awarded this year. • These street funds are for several projects included under Item No. 9 that are primarily for several sidewalk projects, right - of -way acquisition for sidewalks, and the continuation of the Powerhouse - Canal Pathway. Mr. Hoge requested that these projects be listed separately in case the work is carried over into the year 2000. Mr. Hoge also requested that the Fruitvale Canal Pathway, from North 20 Avenue to North 34 Avenue, Priority 22, reflect the portion that was built last year, updated to show the portion that is currently funded through Chesterley Park, and the future improvement planned to extend the pathway to McGuinness Park. Dan Arnett, Arnett Properties, urged that the City's Engineering Division and the Street Operations Division closely coordinate the 6 -year TIP projects. He also suggested that a column be added showing the ranking of each project and where the project was ranked the previous year. Addressing the Lincoln Avenue, 40 Avenue to 66 Avenue, roadway improvements included under Item No. 41 on the TIP, Dan Fessler, 4710 West Lincoln, requested additional citizen 3 22 JULY 6, 1999 representation from the neighborhood in the Uplands Addition subdivision area, a historic residential neighborhood with restrictive covenants on the properties. Mr. Fessler also asked questions about the nature of the improvements and a description of the project. He, suggested that for the sake of clarity a narrative of each project be listed in the 6 -Year. TIP list. He disagreed with the collector arterial designation of Lincoln Avenue in this area. City Manager Zais referred Mr. Fessler to the Capital Facilities Plan that extensively describes each project. Lynne Kittelson, 305 North 9 Street, commented about construction and placement of sidewalks adjacent to the Lincoln Avenue and " B" Couplet. She feels the historic nature of this neighborhood should be taken into consideration when sidewalks are designed. She suggested that placement of sidewalks should be on the actual edge of the right -of -way, not too close to the street. This would avoid pedestrian interference. There being no'one else wishing to comment, Mayor Puccinelli closed the public hearing. Members of the Council pointed out certain corrections that were needed to Item No. 4 of the street improvements where Yakima Avenue was listed instead of Lincoln Avenue. Council Member Place referred to a recent newspaper article concerning the 16 Avenue and Nob Hill Boulevard intersection being rated as one of the highest accident corners in the state. She asked if the island at this location could be impacting the intersection, especially since two more of these islands are proposed to be Chris Waarvick, Public Works Director, pointed out that the Street Operations Division is working closely and more cooperatively with the Engineering Division. Additional traffic counts are being done; there is now a street light inventory that lists the age and functionality of the street lights; and there is a Preventive Maintenance System (PMS) that includes rating factors pertaining to collision data collection. There was a brief discussion about the 6 -Year TIP amendment process if changes need to be made after adoption. Resolution No. R -99 -85 having been read by title only, it was MOVED BY BEAUCHAMP, SECONDED BY KLINGELE, TO ADOPT THE RESOLUTION. It was MOVED BY BARNETT, SECONDED BY KLINGELE, TO AMEND THAT THE APPROPRIATE LANGUAGE IS ADDED FOR AMENDMENTS TO THE STATE IMPROVEMENT AND MAINTENANCE OVERLAY PROGRAM. The motion carried by unanimous voice vote; Buchanan temporarily absent. The question was called for a vote on the motion as amended. The 4 23 JULY 6, 1999 motion carried by unanimous roll call vote; Buchanan temporarily absent. • RESOLUTION NO. R- 99 -85, A RESOLUTION adopting a Six Year Transportation Improvement Program for the period of 2000 through 2005 for the construction of streets and arterial streets in the City of Yakima and approving amendments to the Street Improvements and Maintenance Overlay Program. 7. PUBLIC HEARING ON 108 LOAN APPLICATION REQUESTED BY JEM DEVELOPMENT This being the time set for the public hearing, Bill Cook, Director of Community & Economic Development, summarized the request to submit a Section 108 Loan application from the City for the Yakima Mall Expansion Project. At the same time that the Section 108 loan application is submitted to HUD, the City will resubmit its EDI grant application with a change in the original scope of work, from renovation to demolition of the Great Western Building. This public hearing provides an opportunity for citizens to comment about the loan application, the historical significance of the Great Western Building, and how its demolition would impact the city. If HUD approves the re- submitted application, federal funding would be in the form of a $1 million grant from the Economic Development Initiative to be used in conjunction with the approximately $4 million Section 108 loan. This project is previously known as the Great Western Building Redevelopment Project. The developer had plans to renovate the building to an upscale historic hotel, but extensive architectural studies revealed that redevelopment is not feasible. Other projects were considered to complete the application, but this project was chosen as the best choice. Processing of the Section 108 loan and the EDI grant applications will continue. Council Member Barnett questioned whether the project should be divided into two sections, the application and the building's historical significance. Mr. Cook reported that no federal funds will be used for demolition; that will be done with private funds, but HUD considers this one project. It is part" of a loan guarantee program and assets will be used for security. Mr. Cook then elaborated on some of the grant award requirements and the Council extensively discussed how the funding would work, how the City's loan would be secured for the project, and the amount of private investment being leveraged for the project. Joe Morrier, owner of the Yakima Mall, 402 East Yakima Avenue, reported that demolition would be done with private funds. They have spent over $150,000 on a feasibility study and an architectural study. The costs to renovate the Great. Western' Building are prohibitive and after the studies were done, it just didn't make sense financially to renovate. Mr. Morrier 5 24 JULY 6, 1999 noted that the artifacts inside the building would go to the Masons. _Council Member Place asked if the purchase agreement restricts demolition of the building, and Mr. Morrier indicated there is no restriction for that. Ralph Call, 2608 . West Chestnut, spoke against demolition of the Great Western Building because of its historical significance. He read a letter from his son against demolition and urged the developer to diversify instead. Mary Lu Thomas Carson, 227 Chisholm Trail, spoke against demolition and suggested that other alternatives be considered instead, such as an upscale women's shop, or a public fundraiser to renovate this fine old building. She compared this project to the Capitol Theatre renovation and feels the antiquity of the Great Western Building should be preserved in tribute to people from the first part of this century. Mary McDaniels, 970 South 80 Avenue, spoke against demolition of the Great Western Building and suggested it be used for something else. She feels it is inappropriate for the demolition project to be tied to a federally funded project, and urged the Council to reject the request and find another use for the funds. Lynne Kittelson, 305 North 9 Street, reported that the Northeast Neighborhood Association voted to oppose the project. She urged the Council to reject the request and consider an alternative, i.e., proceed with restoration of the old building. Richard Andring, 203 South 8 Avenue, noted that he thought everyone in this valley had a chance to buy the Masonic Temple and Mr. Morrier was the one that purchased it. He agrees that Mr. Morrier should be able to tear the Great Western Building down, but that federal funds should not be involved and feels many people will no longer shop downtown if the building is torn down. Aileen Kane, 701 South 14 Avenue, spoke against tearing the Great Western Building down and feels it should be renovated. Rose Lee, representing Washington Trust for Historical Preservation, supports those who want to check alternatives to demolishing the Great Western Building. She described other cities' efforts to renovate their downtown area and urged the Council to consider that option instead. Yvonne Wellborn who has been writing a history of Yakima urged the Council to consider renovation instead of demolition. Maxine Deconni, Terrace Heights, spoke in favor of saving the building. She feels the Great Western Building has a very 6 25 JULY 6, 1999 historical significance in this community, being one of the last old buildings left in Yakima. She suggested that the private sector become involved to renovate the building. Paul Schaffer, 2606 Tieton Drive, feels the artifacts being donated to the Masonic Lodge is a good thing, but he would like to see the building saved. There being no one else wishing to comment, Mayor Puccinelli closed the public hearing. City Manager Zais indicated that the matter is not being decided today and more information will come back in August. Mr. Cook suggested that this public hearing be continued to the next Council meeting. Council Member Barnett noted that the decision to preserve the building is up to the State Historical Preservation and HUD. It was MOVED BY SIMS, SECONDED BY PLACE, TO ,CONTINUE THIS PUBLIC HEARING TO JULY 20, 1999. The motion carried by unanimous voice vote. 8. PUBLIC HEARING TO CONSIDER APPEAL FILED BY LORI FRYMIER OF THE HEARING EXAMINER DECISION REGARDING A NOTICE OF NON - COMPLIANCE CONCERNING 3310 W. NOB HILL BOULEVARD, RAINFORD'S LURE & OIL (PLEASE BRING MATERIAL PREVIOUSLY PROVIDED) This being the time set for the public hearing, Don Skone, Planning Manager, and Larry Peterson, Assistant City Attorney, explained the details of the appeal. Lori Frymier submitted an appeal of the Hearing Examiner's decision to grant an appeal filed by Harry Rainford's Lube & Oil in violation on limits of hours of operation. This closed record appeal is to consider whether the Hearing Examiner reached the right decision. The Council could adopt the decision, amend and adopt, or remand it back to the Hearing Examiner. He advised the Council to not take any new evidence, and if the Council issues a decision different than the Hearing Examiner, then an amended findings and conclusions would have to be prepared. This appeal has to do with hours of operation. If the Council were to uphold the Examiner's decision, then there will be no limits on hours of operation, but if the Council were to grant the appeal, then there would be limited hours of operation. Council Member Place inquired if the hours of operation meant 24 hours a day or the number of hours assigned per week. Don Skone explained this is a complex decision and the Council will be examining the Hearing Examiner's decision to determine whether it was based on the record, the evidence before him, and whether he made a correct decision. It is not to set hours of operation, but to focus on whether the Hearing Examiner's decision is correct. Since the signing of the staff report is a relatively new procedure to make sure the applicant understands the proposal, Council Member Barnett asked if the applicant is advised that he must indicate on the report if he takes 7 2 6 JULY 6, 1999 exception. Larry Peterson explained the original staff report described the proposal as for a business that would operate during certain hours. Nothing in the review process modified the hours of operation as they were understood and stated in the staff report. Therefore, there was no point in making any special mention of hours of operation after they were described. If the applicant had told the City after he received the staff report that it was incorrect and he wanted to operate 24 hours a day, then the matter would have been pursued during the review process. Mayor Puccinelli pointed out that there are no conditions placed upon this application and asked what if the applicant sells the business; how would that new owner know that he was limited to those hours. Mr. Peterson said that is done by looking at the staff report and the Building Official's Class 2 statement of approval. The findings and conclusions in the Hearing Examiner's recommendation do not include hours of operation. Council Member Klingele questioned why the 85 percent actual lot coverage exceeds the 80 percent lot coverage requirement. Larry Peterson noted that if Mr. Rainford is not complying with the limitations, then enforcement is necessary. Council Member Place inquired if Mr. Rainford has the opportunity to request a change in hours of operation, which he can do. All members of the Council, except Council Member Sims, declared no exparte contact whatsoever. Council Member Sims indicated that he had received a couple of phone messages, but never returned those calls due to the upcoming hearing. City Attorney Paolella noted that the appellant does have standing as it relates to the Notice of Non - Compliance. Mayor Puccinelli opened the public hearing and invited testimony from the appellant. Lori Frymier, 1014 South 33 Avenue, the appellant, provided copies of information that was already on the record, along with • some pictures of the site. City Attorney Paolella noted that since the photographs were not presented to the Hearing Examiner, then they should not be accepted. Ms. Frymier complained about the dust, the noise, and the traffic congestion from the automatic car wash. Ms. Frymier also objected to the 24 -hour operation of the car wash and extended hours of operation beyond 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. Sunday hours are not a problem. She urged the Council to hold the applicant to the hours of operation in the Administrative Official's Class (2) final decision for the car wash. She reported that she based her decision not to appeal the Class (2) review on those hours of operation. There was discussion among Council members, staff, and the parties to the appeal about reviewing the Notice of Appeal, the application process, the Class 2 Review process, and the differences in the Regulatory Reform 1724 project approval 8 27 JULY 6, 1999 requirements versus compatibility issues within the context of the project. James P. Hurley, attorney for Harry Rainford, explained his client's point of view concerning the business at this location. He noted that the documents and forms have all been signed, including the zoning application, the supplemental zoning application .for administrative adjustment, and the certificate for zoning review. The staff rezone report indicates hours of operation from 8:00 a.m. to 6:00 p.m., and 8:00 a.m. to 5:00 p.m. on Saturdays. In the findings there is no mention of hours of operation, nor is there in the conclusions, and the recommendations do not discuss hours of operation or limitations on hours of operation. Also the administrative approval granting the request was absent of any limitations'on hours of operation. He objected to the Order of Non - Compliance and the procedures used to notify the applicant of his rights. If the hours of operation were restricted or limited, then that business would not have located in the City of Yakima, but at another location.. He also noted that he feels Ms. Frymier did not have standing as an appellant. He urged the Council to deny the appeal and affirm the Hearing Examiner's recommendation. There was a brief discussion about the issue raised in the Hearing Examiner's recommendation that the appellant did not have standing. Harry Rainford explained that when he contemplated going to a different location, he needed a logical timeframe to include the hours that he was missing. He .has two other stores and two competitors that have longer hours. He said he was never told about limitations imposed on hours of operation. Mayor Puccinelli suggested that the two parties meet and discuss the issue and if the appellant approves, then the applicant could withdraw the appeal. Mr. Rainford wants the hours of 8:00 a.m. to 7:00 p.m. and 8:00 a.m. to 6:00 p.m. on Sunday, with 24 hours for the carwash. He did not want to cut back his hours of operation. Lori Frymier noted that there were no hours of operation mentioned in the Class 2 process, but it is a land use factor. There being no one else wishing to comment, Mayor Puccinelli closed the public hearing. He said we have the following choices.: accept, overrule, remand, or settlement discussion. It was MOVED BY PLACE, SECONDED BY SIMS, THAT THE PARTIES DISCUSS WITH CITY STAFF AND SEE IF THEY CAN REACH A COMPROMISE AND THEN CONTINUE THIS PUBLIC HEARING TO JULY 20, 1999 AND ASK STAFF TO GET TOGETHER WITH BOTH PARTIES AND TRY TO RESOLVE THE SITUATION. Lori Frymier said she needs to meet during evening hours. The motion carried by unanimous voice vote. Mr. Hurley 9 28 JULY 6, 1999 indicated that they would do anything within reason to resolve this matter. 9. AUDIENCE PARTICIPATION Richard Andring brought up several concerns he had about a transit bus stop location, offering free fare during special events, and transit service to Selah. - Chuck Nelson wanted to speak about Agenda Item No. 10. City Manager Zais said that Items Nos. 11 and 17 could be rescheduled or deferred to the following business meeting. The Council accepted Mr. Zais' suggestion regarding Items Nos. 11 and 17. 10. REVIEW OF SIDEWALK REPAIR PROJECTS FOR 1999 Mayor Puccinelli passed the gavel to Assistant Mayor Place and excused himself due to the appearance of fairness doctrine because of a possible conflict of interest by owning property on Lincoln Avenue. Bob Desgrosellier, Acting Engineering Division Manager, explained this item is to award construction project bids, the sidewalk projects on this list were reviewed and recommended by the Bicycle /Pedestrian Committee and will be funded by the 50/50 Power Washington Funds. Council Member Barnett referred to the Cornell Avenue sidewalk project going north, and asked where are the cars going to park. There will be angle parking on Cornell Avenue. Council Member Klingele referred to the Fair Avenue to 3 Street sidewalk project, and noted an error where Pacific Avenue was named instead of Fair Avenue. Council Member Place referred to the Lincoln Avenue Parkway and the weed control that the City will implement. Chuck Nelson, 319 West 46 Avenue referred to the Lincoln and 46 Avenue sidewalk project, and inquired as to whether there will be additional opportunities for public testimony for the City's sidewalk repair projects. Mr. Nelson explained that after polling 46 Avenue to Bitterroot, his neighborhood, there was no one in support of the sidewalk project. A sidewalk would destroy the ambiance of the neighborhood and other areas could use the sidewalks more than this neighborhood. At the southeast corner at 56 and Lincoln Avenues, Mr. Nelson questioned the feasibility of constructing a handicapped access at every corner and asked if this sidewalk could be grandfathered in. Dan Fessler, 4710 Englewood, referred to the proposed sidewalk at 40 Avenue and 56 Avenue on Englewood and Summitview, in the Uplands Subdivision, platted in the early 50's from 46 to the west. He is mildly in favor of the- sidewalk repairs, and not actively opposed to it but is very uncertain about the 10 29 JULY 6, 1999 sidewalk around the park, but would like it to be compatible with the aesthetics of the neighborhood and the grade of the property. It was MOVED BY PLACE, SECONDED BY BARNETT, THAT WE DO NOT PUT THE SIDEWALKS THROUGH GILBERT PARK. The motion died for lack of a second. • Paula Wilmoth, 5101 West Lincoln, did not think a sidewalk would look aestically pleasing and did not think skateboarding should be allowed at this location. Lincoln Avenue is already congested and a sidewalk would make it more congested. She feels that a sidewalk is not really necessary at this location. After discussion about an ordinance that prohibits skateboard on sidewalks, it was MOVED BY KLINGELE, SECONDED BY BARNETT, TO ACCEPT THE STAFF REPORT ON THE SIDEWALKS. It was MOVED BY PLACE, SECONDED BY BARNETT, THAT WE DON'T INCLUDE THE SIDEWALKS AT GILBERT PARK. The motion failed by a 2 -2 voice vote; Buchanan and Sims voting nay; Beauchamp and Puccinelli absent. The question was called for a vote on the original motion. The motion carried by a 3 -1 voice vote; Place voting nay; Beauchamp and Puccinelli absent. 11. PRESENTATION FROM ENGINEERING REGARDING DESIGN OPTIONS FOR SIGNALIZATION OF SOUTH 6 STREET AND EAST NOB HILL BOULEVARD INTERSECTION • This item was deferred to the July 20, 1999 study session and agenda. *12. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF CONTRACTS WITH WARD NORTH AMERICA RELATING TO WORKERS COMPENSATION PROGRAM: A. WORKERS' COMPENSATION PROGRAM THIRD PARTY ADMINISTRATION FOR 1999 RESOLUTION NO. R 99 - 86, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Workers' Compensation Third Party Administrators Agreement with Ward North America, Inc. for administration of the City's workers' compensation claims. • B. ON -LINE DATA SERVICE RESOLUTION NO. R- 99 -87, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an On -Line Data Services Agreement with Ward North America, Inc. for the purpose of obtaining on -line data services to assist with the administration of the city's workers' compensation claims. 11 30 JULY 6, 1999 *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO CONTRACT WITH HUIBREGTSE LOUMAN AND ASSOCIATES FOR SURVEY WORK ON YAKIMA AVENUE /I -82 RESOLUTION NO. R- 99 -88, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute Contract Amendment. No. 9, amending Supplemental Agreement to the Local Agency Agreement 94 -57 with Huibregtse, Louman Associates, Inc., Consulting Engineers for Professional Engineering Services on the I -82 /Yakima Ave. project in the City of Yakima, City Project 1847. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH DAVIS OPFER RAAB ARCHITECTURE FOR ARCHITECTURAL DESIGN FOR FIRE STATIONS NOS. 1 & 5 EARTHQUAKE STUDY RESOLUTION NO. R- 99 -89, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an amendment to the architectural services agreement with Davis Opfer Raab Architecture, P.L.L.C., to obtain structural evaluations with regard to Fire Station No. 1 and Fire Station No. 5. *15. CONSIDERATION OF RESOLUTION RATIFYING APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION FOR AIRPORT IMPROVEMENTS RESOLUTION NO. R- 99 -90, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an application for Federal Assistance and Standard DOT Title VI Assurances, and authorizing the execution and acceptance of a Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation Administration and the City of Yakima and Yakima County. *16. CONSIDERATION OF RESOLUTION DECLARING USED POLICE VEHICLE AS SURPLUS AND AUTHORIZING SALE TO THE MOXEE POLICE DEPARTMENT RESOLUTION NO. R- 99 -91, A RESOLUTION declaring a used police car to be surplus and authorizing its sale to the City of Moxee Police Department. *17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH PROVIDENT SERVICES FOR CLIENT TRANSPORTATION EDUCATION This item was deferred to the July 20, 1999 study session. 12 31 JULY 6, 1999 • *18. CONSIDERATION OF RESOLUTION EXECUTION OF AGREEMENT WITH DIANNE M. CRAWFORD, SP FOR GERIATRIC FOOTCARE SERVICES RESOLUTION NO. R- 99 -92, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a " Geriatric Footcare Services Agreement" with Dianne M. Crawford, S.P., to provide footcare services at the Yakima Senior Citizen Center. *19. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH ALLIED ARTS • RESOLUTION NO. R- 99 -93, A RESOLUTION authorizing the City Manager of the City of Yakima and the Allied Arts Council of Yakima Valley, to provide a visual and performing arts program for youth. 20. APPROVAL OF 1998 YEAR -END AFFIRMATIVE ACTION REPORT Phil Pleasant, 1202 Fair Avenue, requested that this report be broken out to show him where his neighborhood benefited from affirmative action. He explained his point of view as it relates to black and other minority small' businesses. There was extensive discussion about this request as well- as how Initiative 200 affects affirmative action hiring but not in the reporting phase. Staff was directed to provide Mr. Pleasant with information about the reporting process. It was MOVED BY BUCHANAN, SECONDED BY KLINGELE TO ACCEPT THE REPORT. The motion carried by unanimous voice vote. *21. CONSIDERATION OF APPROVAL OF MAY 1999 REVENUE AND EXPENDITURE (BUDGET) REPORT The May 1999 Revenue and Expenditure (Budget) Report was accepted. *22. SET DATE OF PUBLIC HEARING FOR JULY 20, 1999 TO CONSIDER RELEASE OF DEEDED PUBLIC UTILITY EASEMENT REQUESTED BY THE YAKIMA HOUSING AUTHORITY FOR THE MARIPOSA PARK HOUSING DEVELOPMENT July 20, 1999 was set as the date of public hearing on the release of a deeded public utility easement requested by the Yakima Housing Authority for the Mariposa Park housing development. *23. CONSIDERATION OF ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE TO CHANGE CONSUMPTION OF LIQUOR IN PUBLIC TO AN INFRACTION AND PROHIBITING SALES OF KEGS TO MINORS ORDINANCE NO. 99 -27, AN ORDINANCE relating to public safety and morals; changing consumption of liquor in public to an infraction, prohibiting sales of kegs to minors; amending 13 32 JULY 6, 1999 • Section 6.12.010 enacting as a new Section 6.12.065; and repealing Section 6.12.060, all of the City of Yakima Municipal Code. *24. CONSIDERATION OF ORDINANCE AMENDING THE 1999 BUDGET AND APPROPRIATING FUNDS FOR THE FARMERS' MARKET PROJECT An Ordinance amending the 1999 budget and appropriating funds for the Farmers' Market project, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 99 -28, AN ORDINANCE amending the 1999 budget for the City of Yakima; and making an appropriation of $20,000 in the 161- Parking and Business Improvement area Fund for expenditure during 1999. to establish a Farmers' Market. *25. CONSIDERATION OF ORDINANCE AMENDING THE 1999 BUDGET AND APPROPRIATING FUNDS FOR EASTSIDE POOL ENHANCEMENTS An Ordinance amending the 1999 budget and appropriating funds to purchase and staff a portable water slide, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 99 -29, AN ORDINANCE amending the 1999 budget for the City of Yakima; and making an appropriation of $6,000 in the 131 -Parks and Recreation Operating Fund for expenditure during 1999 to purchase and staff a portable water slide. 26. OTHER BUSINESS It was MOVED BY SIMS, SECONDED BY KLINGELE, TO APPOINT COUNCIL MEMBER PLACE TO BE NOMINATED AT THE AWC CONFERENCE TO SERVE ON THE STATE SENTENCING GUIDELINES COMMISSION. The motion carried by unanimous voice vote. Information Items: Items of information provided to Council were: Agenda for June 30, 1999 District Board of Health and minutes of its May 26, 1999 meeting; Monthly Report of the Chief of Police for May 1999; City of Yakima Planning Division Assignments Pending as of July 6, 1999; and About Growth, Summer 1999. 27. EXECUTIVE SESSION REGARDING PENDING LITIGATION (BNSF) AND PROPERTY ACQUISITION After considerable discussion about scheduling a study session on Item No. 11 and the draft Tree Ordinance, it was MOVED BY KLINGELE,:SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION AT 5:55 P.M., TO DISCUSS PENDING LITIGATION AND PROPERTY ACQUISITION, WITH ADJOURNMENT TO JULY 12, 1999 AT 2:00 P.M. AT 14 • 33 JULY 6, 1999 THE COUNTY COURTHOUSE FOR A CONTINUED JOINT PUBLIC HEARING ON - THE TERRACE HEIGHTS NEIGHBORHOOD PLAN, THEN TO JULY 20, 1999, AT 7:30 A.M. FOR A STUDY SESSION AT THE POLICE STATION /LEGAL CENTER 2 FLOOR TRAINING ROOM. The motion carried by unanimous voice vote. i . 28. ADJOURNMENT TO JULY 12, 1999, 2:00 P.M., AT THE COUNTY COURTHOUSE FOR CONTINUED JOINT HEARING WITH YAKIMA COUNTY 'COMMISSIONERS REGARDING TERRACE HEIGHTS NEIGHBORHOOD PLAN • Following the conclusion of the Executive Session, the meeting adjourned at 6:03 p.m. • READ AND CERTIFIED ACCURATE BY: ,, 4$ v1 e. tl 3 `77 "- COUNCIL ME BER DATE IL MEMBER DATE ATTEST: --::, / ' I ' CITY CLERK '- JOHN PUCCINELLI, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio and videotape of this meeting are available in the City Clerk's Office. • 15 •