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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. I/ 94 JANUARY 24, 1995 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 I/ 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 I/ 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. 2 JANUARY 24, 1995 95 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. 3 9 f JANUARY 24, 1995 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. 1/ 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. I/ 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 4 24, 1995 9 7 JANUARY , 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. 5 98 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 I/ 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 I/ 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. 6 99 JANUARY 24, 1995 *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. 7 100 JANUARY 24, 1995 *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. I/ 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. 8 101 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. 9 102 JANUARY 24, 1995 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. 1 10