HomeMy WebLinkAbout01/24/1995 Business Meeting 93
CITY OF YAKIMA, WASHINGTON
JANUARY 24, 1995
BUSINESS MEETING
1. ROLL CALL
I/ The City Council met in session on this date at 2:00 p.m.,
in the Council Chambers of City Hall, Yakima, Washington.
Assistant Mayor Clarence Barnett, presiding, Council Members
Henry Beauchamp, Ernie Berger, Bill Brado, Lynn Buchanan,
and Bernard Sims present on roll call. Mayor Pat Berndt
absent and excused. City Manager Zais, City Attorney
Paolella, Acting City Clerk Skovald and Acting Deputy City
Clerk Thompson 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)
Leonard Hall, Code Administration Manager, and Mike Gaudette,
Fire Code Inspector, reviewed the current laws relating to
smoke detector requirements in rental units.
Assistant Mayor Barnett announced the addition of Item
No. 21A to the Consent Agenda. It sets February 7, 1995 as
the date of public meeting to consider the Hearing Examiner's
recommendation on the Villa Messina subdivision.
IT WAS MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO
CHANGE THE COUNCIL MEETING SCHEDULE FROM EVERY OTHER
TUESDAY TO THE FIRST, SECOND, AND FOURTH TUESDAYS OF
EACH MONTH, EFFECTIVE WITH THE FEBRUARY 7TH MEETING.
After a brief discussion, the question was called for a
vote on the motion. The motion carried by 5 -1 voice vote;
Buchanan voting nay; Berndt absent.
Council Member Buchanan expressed his opinion that the
Council should be meeting every week so they are more
accessible for public comment. Council Members Berger,
Beauchamp, and Brado stated they prefer two meetings a month,
but are willing to try three.
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4. CONSENT AGENDA
Assistant Mayor Barnett referred to the items placed on the
Consent Agenda, questioning whether there were any additions
or deletions from either Council members or citizens
present. It was the general consensus of the Council to add
item numbers 9, 12, and the new off - agenda item 21A. Item
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number 13 was removed from the Consent Agenda by Council
members. The Acting 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 THE MINUTES OF NOVEMBER 15, 1994 BUSINESS MEETING
AND NOVEMBER 15, 1994 ADJOURNED MEETING
The minutes of the November 15, 1994 Business Meeting and
the November 15, 1994 Adjourned Meeting were approved,
having been duly certified accurate by two Council members
and no one present wishing to have said minutes read
publicly.
6. PUBLIC HEARING TO CONSIDER THE HEARING EXAMINER'S DECISION
FOR THE PRELIMINARY RIGHT -OF -WAY VACATION APPLICATION
SUBMITTED BY WILLIAM R. ASH
This being the time set for the public hearing, Assistant
Mayor Barnett asked each Council member if they had any
exparte contact. There being none, he opened the Quasi -
Judicial Hearing.
Joan Davenport, Supervising Associate Planner, presented a
brief overview of the right -of -way vacation application. She
referred to aerial photographs of the area and explained
there is an irrigation line that the Hearing Examiner has
recommended be relocated at the applicant's expense.
Council Member Berger stated he drove by the property and it
appears construction has already started.
George Pechtel, 116 North 3rd Avenue, spoke representing the
applicant, stating construction was started on the condition
that the applicant accepts all liability. In the event the
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Council does not approve the proposal, the applicant will
restore all of the property to its original condition.
Mr. Pechtel described the potential development benefit to
the area with the creation of new jobs. The business will be
manufacturing a Nicad unit for cold storage warehouses that
will be used all over the world. There is also a Public
Works Trust Fund Application that goes along with this
project. Mr. Pechtel thanked staff for all their help with
this project.
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The applicant, Mr. Bill'Ash, of Central Heating and Plumbing,
spoke in favor of the request. He described his plans for
expansion, and explained he realizes the risk factor he is
taking by starting the project before obtaining the Council's
approval.
I/ Assistant Mayor Barnett asked if anyone else wished to
comment, either for or against this request.
Paul Adams, adjacent property owner across "J" Street,
requested that the applicant be required to replace the
existing irrigation line with a comparable line and make it
accessible for repairs.
There being no one else present wishing to speak to this
item, Assistant Mayor Barnett closed the public hearing. It
was MOVED BY SIMS, SECONDED BY BERGER, TO ACCEPT THE
HEARING EXAMINER'S RECOMMENDATION APPROVING THIS
RIGHT -OF -WAY VACATION AND INSTRUCT STAFF TO PREPARE
THE PROPER LEGISLATION. The motion carried by unanimous
voice vote; Berndt absent.
7. PUBLIC MEETING TO CONSIDER THE HEARING EXAMINER'S DECISION
FOR THE PRELIMINARY SUBDIVISION APPLICATION SUBMITTED BY
ENGLEWOOD SQUARE ASSOCIATES, INC. (BOB MCLEAN)
This being the time set for the public meeting, Dan Valoff,
Associate Planner, presented a brief overview of the
preliminary plat application summarizing the staff report and
Hearing Examiner's recommendations. He pointed out that
staff did not recommend sidewalks because the subdivision
ordinance does not require additional sidewalks in this case.
The Hearing Examiner has recommended a sidewalk on Fairbanks
Avenue.
Council Member Brado reported the Council received a letter
from a citizen who has requested a sidewalk along 34th Avenue
instead of Fairbanks Avenue. Council Member Brado also
stated he feels the Council needs to see if there - is a way to
provide a safe place for local residents to cross the street
to attend church at Stone Church.
Assistant Mayor Barnett opened the public meeting and asked
I/ if anyone wished to comment.
Dennis Whitcher, Consulting Engineer of Huibregtse, Louman
Associates, Inc., spoke representing the developer,
Bob McLean. Mr. Whitcher pointed out that the Hearing
Examiner's recommendation for a sidewalk exceeds the
requirements of the subdivision ordinance. With respect to a
sidewalk on 34th Avenue, Mr. Whitcher is concerned that
people will have a false sense of security because they will
not realize the sidewalk ends in an unimproved area.
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Bob McLean, Englewood Associates, explained he decided to
file for a subdivision because of the small size of the
project and to make it easier to obtain financing. In his
opinion, the sidewalk on Fairbanks Avenue is unnecessary and
the sidewalk on 34th Avenue would create a hazard by giving
people the concept that the sidewalk goes farther than the
major intersection.
At Council's request, Fred French, City Engineer, discussed
the feasibility of a crosswalk instead of sidewalks.
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Mr. French pointed out there is an unmarked crosswalk at
every intersection and a marked crosswalk is not necessarily
a safety improvement; marked crosswalks give pedestrians a
false sense of security. A marked crosswalk at 34th and
Fairbanks Avenues would appear as a mid -block crosswalk to
motorists on 34th Avenue. Mr. French explained it is more
common to place a crosswalk at a stop sign.
Bill Hanson, Englewood Square, expressed concern about a
crosswalk at 34th Avenue since it would be leading people
into a busy intersection. Mr. Hanson suggested a crosswalk
at Fairbanks Avenue where pedestrians can see the approaching
cars.
Assistant Mayor Barnett asked if anyone else wished to
comment. There being no one, he closed the public meeting.
After further discussion about the sidewalk requirement, it
was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO
ACCEPT THE HEARING EXAMINER'S PRELIMINARY PLAT WITH
THE CONDITION THAT THE SIDEWALK BE REQUIRED ON 34TH
AVENUE INSTEAD OF ON FAIRBANKS AVENUE AS RECOMMENDED
BY THE HEARING EXAMINER (PAGE 9, ITEM 6 OF THE
HEARING EXAMINER'S REPORT). The motion carried by 5 -
voice vote; Brado voting nay; Berndt absent.
8. AUDIENCE PARTICIPATION
Hector Franco, Executive Director of Asociacion De Barrios
Hispanos, 24 South 3rd Avenue, addressed Council regarding a
meeting between Council members and the Yakima School
District on the Washington Middle School. He requested the
Pathfinding Committee be given the opportunity to meet with
the Council and give their views and ideas regarding saving
Washington Middle School.
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Assistant Mayor Barnett stated the meeting involved Mayor
Berndt, Council Member Buchanan and himself. They met with
Larry Petry, Superintendent, and two school board members,
Joe Falk and "Bunker" Frank. The purpose of the meeting was
to ascertain what the school's proposal to the Pathfinding
Committee was.
Maud Scott, member of the Washington Middle School
Pathfinding Committee, 309 South 8th Street, stated the
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Committee is working on plans to save the existing Washington
Middle School when the new schi6o1 is constructed. She
requested the Council meet with the Pathfinding Committee and
requested assistance from City staff members in obtaining
funding sources for their plans.
Rev. Robert Trimble commended the Yakima Police Department on
their outstanding job of escorting the Martin Luther King
Peace and Justice Walk.
*9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT TO CANCEL CONTRACT BETWEEN CITY OF YAKIMA AND
YAKIMA COUNTY REGARDING MINIMUM SECURITY JAIL CONSTRUCTION
AND TO EXECUTE AMENDED CORRECTION DETENTION AGREEMENT WITH
YAKIMA COUNTY PROVIDING NEW FEE SCHEDULES FOR 1995 - 1996.
RESOLUTION NO. R - 95 - 9, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute (1)
Agreement to Nullify Contract /City of Yakima and Yakima
County and (2) City of Yakima Correction Detention Agreement,
both Agreements with the County of Yakima.
10. REVIEW OF PROPOSED 1995 ZONING FEE SCHEDULE
Joan Davenport, Supervising Associate Planner and Don Skone,
Planning Manager, reviewed the report submitted to Council.
The cost of living increase being requested is 3.2% which is
based on the January - June Seattle /Tacoma index. Also
provided, for Council's information, is a list of the current
Yakima County fees.
Bill Hays, Executive Officer of Central Washington Home
Builders Association urged the Council to support their
verbal agreement with the building industry to implement
yearly cost of living raises based on the CPI. He requested
Council have a meeting with area developers prior to making
any deviation from the previous verbal agreement.
It was MOVED BY BUCHANAN, SECONDED BY BERGER TO
INCREASE THE ZONING FEES BASED ON THE COST OF LIVING
COLUMN FOR 1995, AND TO INSTRUCT STAFF TO PREPARE THE
APPROPRIATE LEGISLATION. The motion carried by unanimous
voice vote; Berndt absent.
I/ 11. CONSIDERATION OF RESOLUTION AUTHORIZING COLLECTIVE BARGAINING
AGREEMENT WITH POLICE PATROLMAN'S ASSOCIATION (YPPA) (This
item was considered out of sequence on the agenda, after item
13)
RESOLUTION NO. 95 -10, having been read by title only, it was
MOVED BY SIMS, SECONDED BY BUCHANAN, TO APPROVE THE
RESOLUTION. The motion carried by 5 -1 roll call vote;
Brado voting nay; Berndt absent.
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JANUARY 24, 1995
Council Member Brado stated he feels the agreement is
inflationary and gives more compensation to YPPA than to the
other bargaining units who have already settled.
RESOLUTION NO. R 95 - 10, A RESOLUTION authorizing and
directing the City Manager and City Clerk of Yakima to
execute a collective bargaining agreement for calendar years
1995, 1996 and 1997 with the Yakima Police Patrolman's
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Association.
*12. RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH
WESTERN APPRAISERS FOR PROPERTY ACQUISITION FOR FIRE BOND
ISSUE PROJECT AT STATION 5
RESOLUTION NO. R 95 - 11, A RESOLUTION authorizing and
directing the City Manager and City Clerk of the City of
Yakima to execute an agreement for professional real estate
appraisal services with Western Appraisers, Inc., relating to
potential purchase of property within the City.
13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
WITH YAKIMA SCHOOL DISTRICT #7 FOR POLICE DEPARTMENT
PERSONNEL
Council Member Beauchamp apologized for removing this item
from the consent agenda, causing the school district
officials to wait through the other items on the agenda. He
stated he feels this program is a very good idea.
Police Chief Pleas Green reported that one officer has been
working full time at each of the Yakima High Schools since
January 1st.
Karen Garrison, Principal of Davis High School, and
Steve Mitchell, Principal of Eisenhower High School, spoke in
favor of the program. They are excited about having the
officers at the schools. The presence of the uniformed
police officer and marked police car is positively impacting
the students and is keeping the unsavory elements from
loitering at the schools.
Chief Green informed Council he will be coming back at a
later meeting to make the necessary budget adjustments.
Resolution No. R -95 -12 having been read by title only, it was
MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE
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RESOLUTION. The motion carried by unanimous roll call
vote; Berndt absent.
RESOLUTION NO. R 95 - 12, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
a School Resource Officer Agreement with Yakima School
District No. 7.
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*14. SET DATE OF PUBLIC MEETING FOR FEBRUARY 7, 1995 ON THE MONTES
DE OCA REZONE
February 7, 1995 was set as the date of public meeting to
consider the Hearing Examiner's decision regarding the
proposed rezone from R -2, Two Family Residential to CBDS,
I/ Central Business District Support, submitted by Mr. Gabriel
Monte de Oca for property located at 1317 South 6th Street.
*15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT WITH GRAY AND OSBORNE FOR
DESIGN SERVICES FOR 18TH STREET /CHALMERS AND BEECH STREET
IMPROVEMENTS
RESOLUTION NO. R 95 - 13, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
a consultant agreement for Design Engineering Services with
Gray & Osborne Inc., Consulting Engineers.
*16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT WITH WARDELL AND ASSOCIATES
FOR ARCHITECTURAL SERVICES FOR REMODELING FIRE STATIONS #1
AND #5
RESOLUTION NO. R 95 - 14, A RESOLUTION authorizing the
City Manager and the City Clerk of the City of Yakima to
execute an agreement between the City of Yakima and Wardell
Architects, P.S. for purposes of obtaining architectural
services.
*17. APPROVAL OF AMENDED FINAL CONTRACT PAYMENT FOR CBD LIGHTING
MODIFICATION BY KNOBEL'S ELECTRIC (STANDARD MOTION V -B -- ACCEPT
CONTRACT AND APPROVE FINAL PAYMENT):
The report from the City Engineer, dated January 19, 1995,
with respect to the completion of the work on the CBD
Lighting Modification, performed by Knobel's Electric, was
approved, the work accepted and payment of the amended final
estimates as therein set forth was authorized.
*18. APPROVAL OF ACCOUNTS RECEIVABLE STATUS REPORT THROUGH 4TH
QUARTER 1994
The Accounts Receivable Status Report Through 4th Quarter
I/ 1994 was approved.
*19. CONSIDERATION OF ORDINANCE AMENDING PAY AND COMPENSATION PLAN
FOR FIREFIGHTERS (CORRECTION OF HOURLY RATE SCHEDULE)
ORDINANCE NO. 95 - 3, AN ORDINANCE relating to City
Personnel; adopting a classification and compensation plan
for City employees to be effective February 26, 1995;
amending Subsection 2.20.110 A and 2.20.110 K of the City of
Yakima Municipal Code.
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*20. CONSIDERATION OF ORDINANCE AMENDING THE TRAFFIC CODE
PERTAINING TO PARADE AND SPECIAL EVENT PERMITS TO CONFORM
WITH NEW CASE LAW
ORDINANCE NO. 95 - 4, AN ORDINANCE relating to traffic;
specifically relating to parade and special event permits;
amending Sections 9.70.010, 9.70.020, 9.70.050 and 9.70.060;
enacting Section 9.70.055 as a new section; and repealing
Section 9.70.100 of the City of Yakima Municipal Code.
21. OTHER BUSINESS
*A. SET DATE OF PUBLIC MEETING FOR FEBRUARY 7, 1995 ON THE VILLA
MESSINA SUBDIVISION
February 7, 1995 was .set as the date of public meeting to
consider the Hearing Examiner's decision regarding the
subdivision application submitted by Robert J. Harrison,
dba Messina Construction, for property located in the
vicinity of North 37th and Englewood Avenues.
City Manager Zais reported on his recent trip to Washington
D. C. with the Environmental Mandates Task Force of the
International City /County Management Association. While in
Washington D. C., Mr. Zais reviewed the City's federal
legislative priorities; including the high profile issue of
radar efforts, the federal enhancement bill legislation, and
the unfunded mandates legislation with Congressman Hastings'
new Chief of Staff and with staff members from Senator Murray
and Senator Gorton's offices. Mr. Zais explained the timing
of his meetings was particularly important because of the
introduction, on the floor of the Senate, of the unfunded
mandates legislation that has been entertained by the
Congress. The main objective of the bill is to stop the flow
of mandates down to state and local government without the
opportunity to evaluate the cost impact and benefit of those
mandates upon the American population.
Mr. Zais also met with the Chief Legislative Analyst and
Strategist for Senator Chaffey, the Chairman of the Senate's
Environmental and Public Works Committees. They are setting
the environmental regulatory agenda for 1995 to review each
of the environmental legislative bills that are forthcoming
in this next session; the Clean Water Act and Safe Water Act
in particular. Another committee formed at the City's urging
is the Risk Assessment Subcommittee. The National Clean
Water Act contains approximately 80% of the major points the
City wanted portrayed.
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Mr. Zais reported another major issue is Regulatory Reform
and Regulatory Rule Making. The Environmental Protection
Agency (EPA), in their senior administrative offices, has
been conducting a complete review of the rule making process.
The City will now be involved at the beginning of the process
instead of at the end of the process.
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JANUARY,24, 1995
Mr. Zais also met with °the HUD officials that reviewed the
City's enterprise application. The City was deemed to have
a good application, however, it was not as competitive as
other cities who submitted. The most important factor was
that other communities had lined up job commitments from
I/ private enterprise for the investment of the enterprise
application dollars.
After passing the gavel to Council Member Beauchamp,
Assistant Mayor Barnett announced he was bringing a matter
before the Council. Having voted against the Gateway
condemnation ordinance at the December 20, 1994 meeting,
Council Member Barnett requested the ordinance be brought
before Council for reconsideration.
IT WAS MOVED BY BARNETT, SECONDED BY ' BUCHANAN, TO
BRING THE GATEWAY CONDEMNATION ORDINANCE BACK TO
COUNCIL FOR RECONSIDERATION AT THE FIRST MEETING IN
FEBRUARY, 1995. The motion carried by unanimous voice
vote; Berndt absent.
Information Items:
Items of information provided to Council were: Hearing
Examiner Agenda for Thursday, January 26, 1995; Monthly
Report of the Chief of Police for December, 1994; Memorandum
from Randy Beehler regarding Y -PAC Production Report - 1994
Annual; Pending Assignments from the Office of Environmental
Planning, Tuesday, January 17, 1995; Newspaper Article from
Seattle PI entitled Transit supported in survey, 1/17/95;
Newsletter entitled The Changing Northwest, December 1994;
DOE Toxics Cleanup Program Newsletter, January 1995;
Washington State Labor Area Summary, Yakima MSA newsletter,
January 17, 1995; and Minutes from Yakima County Substance
Abuse Coalition, December 22, 1994.
22. EXECUTIVE SESSION REGARDING PROSPECTIVE SALE OF PROPERTY --
LOT #3, 34TH AVENUE -
IT WAS MOVED BY BUCHANAN, SECONDED BY BERGER, TO
ADJOURN TO EXECUTIVE SESSION REGARDING PROSPECTIVE . SALE
OF PROPERTY -- LOT #3, 34TH AVENUE -- WITH
ADJOURNMENT IMMEDIATELY FOLLOWING. The motion carried
I/ by unanimous voice vote; Berndt absent.
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23. ADJOURNMENT
The meeting adjourned immediately following Executive Session,
at 4:10 p.m.
READ AND CERTIFIED ACCURATE BY:C J � �v � 1 �� �i � /
COUNCIL MEMBER DATE
C OUNCI EMBER DATE
ATTEST:
A TI A. CITY CLERK AS ISTANT MA
MINUTES PREPARED BY ACTING DEPUTY CITY CLERK THOMPSON; AUDIO AND VIDEO TAPES OF THIS MEETING ARE AVAILABLE IN THE
CITY CLERK S OFFICE.
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