HomeMy WebLinkAbout02/15/1994 Business Meeting 145
CITY OF :.YAKIMA,= ,,
FEBRUARY 15, 1994
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 Pat Berndt, presiding, Council Members Clarence
Barnett, Ernie Berger, Lynn Buchanan, and Bernard Sims
present on roll call. Council Members Henry Beauchamp and
Bill Brado 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 Berger.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Ester Huey, Director of the Yakima County Substance Abuse
Coalition, explained the Leadership Investment For Tomorrow
program. She introduced Norma Torres and"Shelley Schlief,
LIFT students, participating in today's Council meeting.
4. CONSENT AGENDA
Mayor Berndt referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present.
Mayor Berndt announced that Item No. 9 was removed from the
Agenda. It was the consensus of the Council to add Items
Nos. 8 and 13 to 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;
Beauchamp and Brado absent. (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 THE FEBRUARY 8, 1994 BUSINESS
MEETING
The minutes of the February 8, 1994 Business meeting, was
approved, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
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FEBRUARY 15, 1994
6. PUBLIC HEARING ON APPEAL OF SEPA DETERMINATION FOR THE
GREENWAY PATHWAY (CONTINUED FROM 2/8/94 -- please bring material
previously distributed)
Mayor Berndt excused herself from the proceedings in
accordance with the Appearance of Fairness Doctrine because
she is an Ex- Officio Member of the Greenway Board. She
yielded the gavel to Assistant Mayor Barnett.
This being the time set for continuation of the public
hearing, City Attorney Paolella reviewed some of the aspects
of the SEPA appeal hearing procedure. He explained the
purpose of the hearing is to determine whether or not the
Mitigated Determination of Nonsignificance (MDNS) is correct
or not, and whether or not a full Environmental Impact
Statement (EIS) is required. Since testimony must be
limited to only that issue, the only thing relevant to this
proceeding is the nature and extent of the environmental
impacts that this proposal may or may not have.
Assistant Mayor Barnett outlined and explained the format
for the hearing. Two of the Council members who
participated in the hearing last Tuesday were not present.
The public hearing continued as scheduled; however, a
decision will be made at a later date after their return and
review of the tapes. Testimony began with the Yakima
Greenway, followed by an opportunity for public testimony,
and concluded with closing statements from the appellant and
then the applicant.
There being no questions concerning the format to be
followed, Assistant Mayor Barnett opened the public hearing
and placed all witnesses under oath who were not sworn in
the week before.
At this time, Assistant Mayor Barnett provided opportunity
for testimony from the Greenway.
Dr. Mark Uhlman, Chairman of the Yakima Greenway Pathway
West Development Committee, emphasized the benefits the
pathway will provide to the entire area without any
significant effects on the environment. He submitted
Exhibit No. 23 to City Clerk Roberts. Dr. Uhlman referred
to the written response to ten project- related concerns and
explained this project will not have a detrimental effect.
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He provided background information about the Greenway
Foundation, as well as a summation of the Foundation's
participation in other park and pathway projects. After
describing the Greenway Pathway West project, he explained
how it will provide expanded recreational access to the
river corridor and the Greenway. This proposal will provide
alternate transportation options to the community, while at
the same time emphasize preservation and reclamation as
indicated in the environmental checklist and the MDNS.
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FEBRUARY15, 1994
Alternative sites wereconsidered,.and this plan location was
chosen because it is the most ecologically and economically
responsible. Mr. Uhlman submitted Exhibit No. 24 to City
Clerk Roberts.
Cec Vogt, Executive Director of the Yakima Greenway
Foundation, narrated two video tapes highlighting MDNS
related segments of the proposed pathway along with footage
of existing Greenway facilities. After submitting Exhibit
No. 25 to City Clerk Roberts, she explained there will be no
increased impact on public services, and vegetation will be
planted between the lakes and the pathway. Ms. Vogt
submitted Exhibit. No. 26 to City Clerk Roberts. Mr. Uhlman
commented there were several agencies who could not attend
this hearing who wrote statements in support of the
nonsignificant impact of this pathway.
Assistant Mayor Barnett provided opportunity for public
testimony.
Catherine Rajala, Wetland Specialist with the Department of
Ecology, submitted Exhibit No. 28 to City Clerk Roberts.
She explained her conclusion as to why a MDNS is appropriate
since certain items were included in the strategy to
decrease probable impacts to wetlands in the area.
Scott Nicolai, Fisheries Biologist with the Yakama Indian
Nation, testified about a memo he wrote to the Director of
Natural Resources detailing issues he recognized during the
field review. Mitigating measures were identified for the
impacts that were probable as a result of the project. The
Director of Natural Resources wrote a response concurring
with Mr. Nicolai's findings and submitted it to the SEPA
lead agency. Because the Greenway's proposal will restore
Riparian vegetation in areas currently deficient in
vegetation, will develop and nurture a public education
program about stream ecosystem function and values along the
Greenway corridor, and because of the proximity of the site
to the urban center and the interstate highway, and the
scope of the project, Mr. Nicolai concurred with•the SEPA
lead agency determination that with the mitigating measures,
there would not be a significant, adverse impact on the
environment.
Richard Larson, with the Washington State Department of
Transportation, explained they have been working very
closely with the Greenway and others to address traffic
concerns with pedestrian movement across the 16th Avenue
interchange. With proper signing and pavement markings,
there will be a reasonable crossing with no significant
impacts on traffic.
Dan Kenny, Conservation Chairman of the Audubon Society,
explained he has utilized the Greenway extensively. He
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FEBRUARY 15, 1994
agreed with some of the concerns of Mr. Schons; however, he
believed the project will probably enhance the area.
Although he expressed concern about parking lot storm water
runoff, he thought the MDNS is valid.
Stan Berndt commented about the pedestrian crossing over
16th Avenue. I't will not significantly impact traffic and;:,-..
with signage it will be a safe crossing.
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Dr. Uhlman expressed a willingness to `work with those who,
have concerns. He encouraged the project to proceed'and the
MDNS be upheld.
Rick Craig Faringer commented that the, bicycle /pedestrian
crossing overpass on 16th Avenue will adequately meet the
needs of bicyclists.
There being no other person wishing to provide public
testimony, Assistant Mayor Barnett called for a closing
statement from the appellants.
Mary Lou Borgert commented that the responses from the
Department of Fisheries, Department of Ecology, and the
Yakama Indian Nation addressed only a portion of the
proposed pathway site, ommiting the DOT Right -of- Way.., She
submitted Exhibits Nos. 29 and 30. She expressed concern
about what pathway users will do after they leave the
pathway, as opposed to activities on the pathway. She also
stated the environmental checklist inadequately addresses
public service impacts, particularly police and fire
protection services. Ms. Borgert described the two 35 -foot
berms that connect the pathway side to the lake side, and
requested a fence be installed in this area. She believes a
probable, significant adverse impact has occurred, and the
SEPA Responsible Official is in error. She requested that
the MDNS be withdrawn and requested the City mediate with
their committee and members of the Greenway Board to address
these concerns and solve this problem. Ms. Borgert
questioned whether the Greenway can go into the Naches River
without legislative approval. She submitted Exhibit No. 31
to City Clerk Roberts. Ms. Borgert referenced portions of
the By -Laws of the Greenway Foundation.
Joe Schons submitted Exhibits Nos. 32 and 33. To support
his contention of noncompliance with SEPA, he stated
measures referenced in his condensed version of his appeal,
as well as information presented by the Greenway during this
public hearing, should be included in the environmental
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checklist. Mr. Schons stated the testimony from the
Department of Ecology, Department of Fisheries, and the
Yakama Indian Nation concurring with the MDNS apply only to
the Naches River, not the project as a whole. That
testimony does not address transportation or public services
issues. With regard to the testimony from the Department of
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Transportation, Mr. Schons stated statistics are needed on
how many people will be using the proposed path during peak
hour traffic and an on -site study should be done. Referring
to the scope of the project, including public services
impact, transportation and other impacts, Mr. Schons stated
the MDNS is in error. These impacts should be included in a
new environmental checklist.
Assistant Mayor Barnett provided opportunity for a closing
statement from the Greenway.
Mr. Uhlman stated the Greenway Pathway West project will not
have any adverse impacts on the environment and will be good
for the environment and good for the community. In response
to Assistant Mayor Barnett's inquiry concerning
Ms. Borgert's request to meet and discuss concerns,
Mr. Uhlman indicated the Greenway was willing to meet and
discuss the concerns. There was discussion concerning the
need to mitigate the fencing issue.
Assistant Mayor Barnett provided opportunity for a closing
statement from the SEPA Responsible Official.
Glenn Valenzuela, Director of Community & Economic
Development, explained the purpose of the mitigation
measures is to reduce identified environmental issues; it is
• felt that those mitigation measures will do that. The
Yakama Indian Nation, Department of Wildlife, Department of
Transportation, and the Department of Fisheries will work
together to actuallymonitor mitigated declarations.
This will benefit the entire community. The environmental
checklist was reviewed and all comments were considered.
Mr. Valenzuela explained alternatives are required when a
determination of significance is going to be issued. The
Greenway proposal was considered adequate. Mr. Valenzuela
indicated the fencing is a valid concern. This issue was
considered a project issue, as opposed to being considered
an environmental issue, and would be determined during the
hearing process for the overall project. However, Council
may wish to add this .issue as a mitigation .measure.
Mr. Valenzuela expressed his opinion concerning probable
impacts to public services. At no time was it indicated
that the impact would cause the Police Department to send
officers to the Greenway rather than respond to other issues
happening within the city. Concerning traffic impacts,
Mr. Valenzuela stated if the Department of Transportation
felt that a traffic study was required to look at
transportation impacts, they would have requested one in
their response.
There being no further testimony, Assistant Mayor Barnett
closed the public hearing. He announced this matter will be
taken under advisement at a later date. To the extent that
any Council member missed portions of the public hearing,
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FEBRUARY 15, 1994
they will review the video tapes o:f those portions
hearing . An announcement will be made - °in the near future to.
indicate a date certain. when the City .- Council wil l consder.
it and render a final. decision .on this appeal: IFt is`
anticipated that this;; decision will be, rendered withi th :
next 30 days.
Mayor Berndt returned to the Council meeting at 3:25 p.m. and
presided over the balance of the meeting.
7. AUDIENCE PARTICIPATION
Connie Little, 2002 Simpson Lane, distributed a letter from
her dated February 15, 1994 with a legal advertisement
attached concerning annexation of property by Union Gap. She
reviewed the history of Fire District No. 11 and its pending
dissolution. She stated she is aware that Yakima is also
attempting to annex her neighborhood and requested the
Council to actively work toward annexation. Mayor Berndt
commented this area is in the City of Yakima's service
boundary and requested staff to bring back a status report
and what the City's options are to annex this property.
*8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT NO. 1 TO AGREEMENT FOR CONVEYANCE OF PROPERTY FOR
YAKIMA AVENUE /I -82 INTERCHANGE AND FAIR AVENUE AND PROJECT
PROGRESS REPORT (CONTINUED FROM 2/8/94 -- please bring material
previously distributed)
RESOLUTION NO. R- 94 -13, A RESOLUTION authorizing
execution of Amendment #1 to the Agreement for conveyance of
Property for Improvement of Yakima Avenue /I -82 Interchange
Area and Fair Avenue.
9. REPORT FROM PUBLIC WORKS DEPARTMENT REGARDING ENGINEERING
ANALYSIS OF CITY ONE -WAY STREET SYSTEM AND TRAFFIC PATTERNS
(CONTINUED FROM 2/8/94 -- please bring material previously
distributed)
This itern was removed from the Agenda.
*10. REPORT FROM YAKIMA COMMUNITY TELEVISION REGARDING "CLOSED
CAPTIONING" TV TRANSMISSIONS
The report from the Yakima Community Television Division
regarding accessibility for the hearing- impaired to City
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Council meetings utilizing closed captioning, and staff
recommendation to defer action until a final recommendation
is made by the Community Advisory Committee, was accepted.
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FEBRUARY 15, 1994 1.51
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*11. CONSIDERATION OF RESOLUTION DECLARING WINTER GAMES SHUTTLE
FARE FREE
RESOLUTION NO. R- 94 -14, A RESOLUTION declaring Winter
Games shuttle bus service fare free.
*12. CONSIDERATION OF RESOLUTION ADOPTING PROPOSED YAKIMA COUNTY
SOLID WASTE MANAGEMENT PLAN
RESOLUTION NO. R- 94 -15, A RESOLUTION adopting the
Yakima County Solid Waste Management Plan, November 1993.
*13. CONSIDERATION OF AWARD OF CITY'S LEGAL ADVERTISING CONTRACT
(MATERIAL AVAILABLE TUESDAY)
The contract for the City's legal advertising contract was
awarded to the Yakima Herald - Republic. The contract with the
Yakima Herald- Republic, the only bidder, is effective
February 15, 1994 and will end on February 20, 1994.
14. OTHER BUSINESS
Mayor Berndt announced the Youth Task Force has asked the
Council to consider several draft ordinances presented to
them and hold a public hearing on March 1, 1994. Council
Member Sims asked what revenue sources are available to pay
for expenses related to the enforcement of the ordinances.
Mayor Berndt stated it would be within existing revenue
sources. Council Member Buchanan brought up his concerns
concerning enforcement of the curfew ordinance if the youth
does not have identification. Council Member Barnett
mentioned his concerns about the curfew ordinance, asking
about youths who may be visiting and is supervised by non-
legal guardians. City Attorney Paolella stated that staff
will address that situation. Mr. Barnett also requested
clarification of the "fact finding" hearing. He asked if
Council will be presented with factual information and
statistics to set the time and the geographical area of the
curfew ordinance. Mayor Berndt reported the Police
Department and Legal Department have begun to gather that
type of information. Following further discussion regarding
alternative detention sites, issuance of tickets, and opinion
of the Police patrol officers and some youths, it was MOVED
BY BUCHANAN, SECONDED BY BERGER, TO SET THE DATE OF
MARCH 1, 1994 FOR A PUBLIC HEARING ON ORDINANCES
REGARDING CRUISING, CURFEW AND PARENTAL
RESPONSIBILITIES. The motion carried by unanimous voice
vote; Beauchamp and Brado absent. Asked for her opinion,
Shelley Schlief commented her concern would be for the kids
who go to school and work and want to visit their friends
later in the evening. She was advised there are some
exceptions in the draft ordinance and was provided with a
copy to review.
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FEBRUARY 15, 1994
Information Items:
Items of information supplied to Council were: Narcotic
Enforcement Update Report for 1993; Yakima Transit Fourth
Quarter 1993 Report; Trolley Ridership Report for month of
January 1994; Assignments Pending in Office of
Environmental Planning as of February 15, 1994; Agenda for
February 14, 1994 Parks and Recreation Commission meeting
and minutes of its December 13, 1993 meeting; Minutes of
the November 4, 1993 Downtown Area Redevelopment Committee
meeting; Conference of Governments Newsletter; February
1994; Article from February 6, 1994 The Spokesman- Review,
"A Developing Story: Citizens Want More Input "; and
Article from January 1994 Television Broadcast, "Interactive
Heats Up."
15. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE
LITIGATION (CONTINUED FROM 2/8/94)
It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADJOURN
INTO EXECUTIVE SESSION REGARDING PENDING AND
PROSPECTIVE LITIGATION, WITH IMMEDIATE ADJOURNMENT
THEREAFTER TO 8:00 A.M. ON FEBRUARY 16, 1994 FOR A
MEETING WITH CONGRESSMAN JAY INSLEE AT THE YAKIMA
CENTER AND THEN TO FEBRUARY 22, 1994 AT 1:30 P.M. IN
THE CITY MANAGER'S CONFERENCE ROOM. The motion carried
by unanimous voice vote; Beauchamp and Brado absent.
16. ADJOURNMENT TO FEBRUARY 16, 1994 AT 8:00 A.M. FOR MEETING
WITH CONGRESSMAN JAY INSLEE AT THE YAKIMA CENTER BOARD ROOM;
THEN TO FEBRUARY 22, 1994 AT 1:30 P.M., CITY MANAGER'S
CONFERENCE ROOM, FOR BRIEFING ON POLICE STATION /LEGAL CENTER
DESIGN PLANS
Following the conclusion of the executive session, the
meeting adjourned at 4:30 p.m.
A A P
READ AND CERTIFIED ACCURATE BY: ( � /
Cc. I L MB R, / DATE
/ -24 ft(
COUNCIL MEMB DATE
ATTEST:
CITY CLERK MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are
available in the City Clerk's Office
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