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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. 146 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. I/ 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. 2 ��. 147 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 3 148 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. • 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 I/ 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 4 149 • FEBRUAR.y,w415, 1994 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, 5 150 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 I/ Council meetings utilizing closed captioning, and staff recommendation to defer action until a final recommendation is made by the Community Advisory Committee, was accepted. 6 FEBRUARY 15, 1994 1.51 4 *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. 7 152 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 8