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HomeMy WebLinkAbout03/07/1995 Business Meeting 136 CITY OF YAKIMA, WASHINGTON MARCH 7, 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, Mayor Pat Berndt, presiding,, Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger, Bill Brado, Lynn Buchanan, and Bernard Sims present on roll call. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was given by Council Member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Glenn Valenzuela, Director of Community and Economic Development, announced that the March 21, 1995 public meeting on the appeal of the Hearing Examiner's decision regarding Washington Middle School will be held at 2:00 p.m. at the Masonic Center, 510 North Naches Avenue, rather than the Council Chambers. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO REAPPOINT JEAN ALLEN TO THE HOUSING AUTHORITY BOARD FOR ANOTHER 5 - YEAR TERM. The motion carried by unanimous voice vote. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO REAPPOINT TIM PETERSON AND APPOINT TROY EMMONS TO THE YAKIMA CENTER ADVISORY BOARD. The motion carried by unanimous voice vote. It was MOVED BY BERGER, SECONDED BY BUCHANAN, TO APPOINT, CONTINGENT UPON RESIDENCY REQUIREMENTS, ELLIOT ABRAMOVITCH, RICARDO BARRIENTES, DANIEL ENRIQUEZ, MARC LECUYER, LARRY MATHEWS, AND PHIL PLEASANT, TO THE CABLE ADVISORY COMMITTEE. The motion carried by unanimous voice vote. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO APPOINT BETTY GAUDETTE AND DAVID JONES TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. The motion carried by unanimous voice vote. A. PROCLAMATIONS (IF APPLICABLE) Assistant Mayor Barnett read a proclamation declaring March 12, 1995 as Chocolate Fantasy Day. He urged citizens to enjoy the event at the Holiday Inn. 137 MARCH 7, 1995 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. I/ It was the general consensus of the Council to add an off - agenda item, No. 21A, to the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, 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 THE DECEMBER 6, 1994 AND FEBRUARY 7 AND 14, 1995 BUSINESS MEETINGS The minutes of the December 6, 1994 and February 7 and 14, 1995 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. SPECIAL PRESENTATION BY DOROTHY ROSE REGARDING FLUORIDE Ms. Rose did not appear at the Council meeting. 7. PUBLIC MEETING ON THE VILLA MESSINA FINAL PLAT (SEE RESOLUTION APPROVING PLAT) This being the time set for the public meeting, Bruce Benson, Associate Planner, reported the applicant, Robert J. Harrison, has requested final plat approval for the 12 -lot subdivision located in the vicinity of North 37th Avenue. The Planning Division has reviewed the final plat and finds it to be in substantial conformance with the terms and conditions of the preliminary plat. Staff recommends approval and urged Council to adopt the resolution authorizing the Mayor to sign the final plat. Council Member Beauchamp asked what the storm drainage plan is for this site. Mr. Benson explained this issue will be dealt with on site and will utilize an infiltration trench. Don Skone, Planning Division Manager, explained that storm I/ water drainage is included in the building permit review process. The storm water will not be allowed to drain onto the public street. Mayor Berndt indicated that since she was not present during the preliminary plat approval, she will not vote on this issue. 2 133 MARCH 7, 1995 At this time, Mayor Berndt opened the public meeting and asked if anyone wished to comment. There being no one, she closed the public meeting. Resolution No. R -95 -34 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by 6 -0 vote; Berndt abstaining. RESOLUTION NO. R 95 - 34, A RESOLUTION approving, subject to several conditions, the final plat of Villa Messina; creating a new twelve lot subdivision between North 37th and North 34th Avenues and between Englewood Avenue and Fairbanks Avenue, and authorizing the Mayor to sign the final plat for Villa Messina. 8. AUDIENCE PARTICIPATION None 9. REPORT FROM TRAFFIC AND ENGINEERING REGARDING SCENIC DRIVE TRAFFIC CHANGES /MITIGATION Shelley Willson, Supervising Traffic Engineer, directed Council's attention to the staff involvement over the past two years in response to requests from residents to control speeding vehicles in the Scenic Drive area. Although Council had made speed limit reductions, residents indicate a return of speeding vehicles. Since calming devices were requested for Scenic Drive, staff from both the City of Yakima and Yakima County met to review calming devices in general. Referencing a drawing of the Watts Speed Hump, Ms. Willson explained this calming device would be particularly suitable for Scenic Drive because there is no curb or gutter on this street. The City of Portland has extensively researched this device and are using speed humps on roadways without curb and gutters. The results of the data show they have been very effective at maintaining lower speeds on residential streets, reducing speed from 3 to 11 mph and it also helps maintain customary speed closer to the posted speed limit. There are different types of speed humps used for higher speed limits. Ms. Willson estimated the cost to be approximately $8,000 per speed hump. There was a considerable amount of discussion concerning monitoring the traffic to indicate who the speeders are. Council also discussed whether to implement the pilot project I/ now or to continue to work with Yakima County staff to coordinate data collection and to develop joint jurisdiction guidelines for implementation at a later date. 3 139. MARCH 7, 1995 Ms. Willson also clarified the differences in City street and County road designations and the was a brief discussion about possible funding sources. Discussion continued about traffic calming device I/ implementation, the need to determine its effectiveness and the importance of encouraging and listening to input from both local citizen groups and experts from the Portland /Vancouver area. Mayor Berndt invited any residents who wished to comment. Jennifer Rennie reported there are still a few who are speeding. The safety of pedestrians and bicyclists is important and she urged construction of the speed humps. John Rennie categorized the problem as a quality of life issue. The traffic has doubled within the last three years, and the fast drivers take shortcuts through Scenic Drive. Although the 20 mph speed limit has helped somewhat, he urged Council to support the staff recommendation. He also suggested changing traffic patterns as a way to address this problem. Dr. Ross Katz pointed out that during the meeting with County Commissioner Lewis, the Pecks Canyon area, not Scenic Drive, was primarily discussed. .... ,dangerous situation has been created by those who exceed the speed limit. Since traffic enforcement is not practical, the staff's suggestion to install speed humps will make people slow down. The purpose is not to divert traffic, but to maintain a safe environment for everyone who uses the roadway. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO AUTHORIZE AND IMPLEMENT THE PILOT TRAFFIC CALMING PROJECT ON SCENIC DRIVE. THE NEIGHBORS WHO PARTICIPATE IN THIS PROCESS WILL CONTRIBUTE UP TO 25 %, WHICH WOULD BE ABOUT $2,000. IT WILL .BE UNDERSTOOD THAT AFTER SIX MONTHS, IF THIS HAS NOT ACHIEVED THE GOAL, NO STANDARDS WOULD BE SET WITH REGARD TO SPEED HUMPS IN YAKIMA. IF IN FACT, THEY ARE EFFECTIVE, THAT WE LOOK AT IMPLEMENTING IN THE 1996 BUDGET SOME KIND OF ADDITIONAL BUDGETING FOR OTHER PLACEMENTS WITHIN YAKIMA AND USE THE STANDARDS THAT WERE SET FROM THIS EXPERIMENT. Mayor Berndt interpreted the motion to mean the pilot program will be implemented with the neighbors contributing up to 25 %; after six months it will be evaluated and if it is unsuccessful no standards would be set; if it is successful then policies would be developed and it would be included in the 1996 budget. 4 1.40 MARCH 7, 1995 Council Member Berger expressed concern about the lack of funding in the budget sufficient to provide for installation of the speed humps as indicated in the staff report. Discussion began about implementation of the pilot project and what timeframe would be needed to determine its effectiveness. Starting the project to coincide with the April 1st asphalt plant operation startup was also discussed. Ms. Willson explained 12 months should be an adequate amount of time to determine how the speed humps would react to the snow season (plowing snow over them). Council Member Sims changed the motion to include a 12 month period for the pilot project, instead of six months. Mayor Berndt requested an understanding that no more speed hump pilot projects would be considered until it is determined successful and that adequate funding is available. Council Member Buchanan specified that future requests will only be considered if they include the same kind of neighborhood request, commitment, and financial support. Council Member Sims stated that at least 70% of those who live on the street and those who live adjacent who use it for access, should approve the neighborhood contribution funding concept before it is considered. There was discussion concerning the large amount of citizens in the neighborhood who approved the contribution concept. Mayor Berndt requested staff to expand the study area to include the Scenic Crossing Annexation area at 66th Avenue for incidence of high speed and increased traffic. Discussion began about the reluctance to move ahead without working with Yakima County on this particular issue. It was suggested that another meeting be scheduled with the neighbors to determine a practical solution, but there was overwhelming objection by the neighbors, who thought it would be unnecessary. Council Member Brado again conveyed his idea that the free • expertise from outside the area be utilized on this project. The issue of funding the project was discussed and there was a suggestion to make the project an LID. City Manager Zais referenced the memorandum that reexamined the budget, which explained that with some limited participation with just this I/ project, an adjustment could be made in the current budget. This would involve a minor service reduction impact to absorb this cost in the budget, but if a bigger project was established, a different funding source would be needed. He also explained it would be more expensive to set it up, administer and collect than it would be to establish a larger LID for a larger purpose. 5 MARCH 7, 1995 1 4 1 City Manager Zais also "suggested a "'"deferment of action on the motion for 30 days. This would enable a meeting to take place so the additional expertise could be reviewed in time for the opening of the asphalt plant. I/ Council Members Sims, Barnett and Beauchamp stressed the importance of making sure the neighbors understood the process would include a 25% contribution on their part toward pilot project implementation. It is also necessary that the County be included in further study and discussion of this issue. Jennifer Rennie felt the neighbors fully understand and unanimously agree to financially commit to this project. Their main concern is the safety of children and bicyclists /pedestrians in the area where motorists are going 50 mph in an area that should be 20 to 25 mph. She supported the expertise of the City staff; they have done a lot of research and have spoken with experts from other cities. Discussion .continued among Council members as to what direction to take to address this issue. Richard Sprawl urged Council approve the implementation of the pilot project. If it is successful, fine; if not, take the speed humps out. Dr. Katz described the difficulty in getting all the neighbors together to'meet for a second time. Since the matter was discussed at length during the first meeting, and the County was apprised of the situation, a second meeting is not necessary. Council Member Barnett again stressed the importance of holding the meeting with City and County staffs to make sure everyone is on the same wave length. Perhaps the outside expert could attend also. Dave Hussell, Street and Traffic Operations Manager, described staff's plans to implement the pilot project if Council were to approve it. The speed humps would not be installed until mid -April because they expect the process to coincide with the opening of the asphalt plant. Since this 1/ type of traffic . calming device has been implemented and proven successful in the Portland area, it would be beneficial for City staff from the Traffic Division to travel to that area and talk to the people who actually put in their speed humps. That trip would take place in March or April, thereby allowing plenty of time for continued dialogue with the County Commissioners to develop their initial policy and for County staff to coordinate the effort. 6 1:42 MARCH 7, 1995 The issue of funding was discussed with concern expressed by Council Member Barnett that diversion of funds from fixing street potholes would occur. There was continued discussion about whether to move forward with this pilot project using funds from the Contingency Fund. Betty Gaudette reported that at the Northeast Neighborhood meeting they were informed there was no money for restriping the streets. If money is found in the budget for this pilot project, she requested money be found for some of the other requests also. It was MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO DEFER ACTION UNTIL APRIL 11, 1995 TO PROVIDE OPPORTUNITY FOR THE STAFF FROM THE COUNTY AND THE CITY TO MEET. The motion carried by a 4 -3 voice vote; Berndt, Sims, and Buchanan voting nay. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AND SALE AGREEMENT FOR PORTION OF ELKS PARK RESOLUTION NO. R 95 - 35, A RESOLUTION authorizing the execution of a real estate Purchase and Sale Agreement with William R. Ash for property located at Elks Park. *11. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF PORTION OF NOB HILL BOULEVARD PROPERTY TO HAHN BUSINESS FORMS RESOLUTION NO. R 95 - 36, A RESOLUTION authorizing the execution of a Real Estate Purchase and Sale Agreement with Charles R. Hahn and Amber A. Hahn for property located in the vicinity of South 34th Avenue and West Nob Hill Boulevard. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF RENTAL AGREEMENT FOR THE RANDALL PARK RESIDENCE RESOLUTION NO. R 95 - 37, A RESOLUTION authorizing, and directing the City Manager and City Clerk of the City of Yakima to execute a Residential Rental Agreement with Gary T. Hardiman. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH AJ CONSULTANTS FOR EMPLOYEE ASSISTANCE PROGRAM RESOLUTION NO. R 95 - 38, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Consultant Services Agreement between the City of Yakima and AJ Consultants, Inc. 7 143 MARCH 7, 1995 *14. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC MEETING FOR APRIL 11, 1995 ON THE `1995 IRRIGATION MAINTENANCE ASSESSMENT ROLL RESOLUTION NO. R- 95 -39, A RESOLUTION setting a date I/ for hearing on the confirmation of the irrigation maintenance assessment roll for the year 1995. *15. NOTICE OF INTENT TO ANNEX SCENIC CROSSING (STANDARD MOTIONS A & B) March 7, 1995 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Triplet Enterprises, Inc. The annexation proposed by the above party was accepted by the City of Yakima, and the area to be annexed was required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. *16. ACCEPT BUDGET REPORT FOR JANUARY 1995 The January 1995 Revenue and Expenditure Report (Budget) was accepted. 17. CONSIDERATION OF ORDINANCE EXTENDING CURFEW /PARENTAL RESPONSIBILITY ORDINANCE ON AN ON -GOING BASIS Council Member Barnett asked if the parental responsibility provisions of the ordinance exceed the police powers of the City. He also questioned whether City officials would be acting outside their authority by enacting or enforcing the ordinance as it relates to the parental responsibility issue. City Attorney Paolella explained all the legal aspects, constitutional, statutory and otherwise, dealing with this ordinance have been considered by Assistant City Attorney West. It was noted in his memorandum that this area of the law is not totally free from ambiguity or potentially differing interpretations. However, the legal opinion is that there is a good faith basis for adopting this ordinance. He believes Mr. West's view in this Attorney /Client memorandum was to point out the various arguments that could ' be made on both sides of the issue. Many of these arguments have never been definitively resolved by the Supreme Court. Council Member Barnett asked if all City officials, including the Council members, are properly indemnified as it relates to personal responsibility in case this is challenged. Mr. Paolella explained there is an indemnification resolution that deals with that issue. The City's view .. is there is a good faith basis for proceeding in this fashion if Council wishes to do so. 8 144 MARCH 7, 1995 Jerry Henderson, 309 North 35th Avenue and President of Westside Merchants Association, spoke in favor of extending the Curfew /Parental Responsibility Ordinance on a permanent basis. He reported the original passage of the ordinance has had a positive economical effect on the businesses in the entire downtown area. In the small area west of the railroad tracks, there has been a significant reduction in glass damage and vandalism. It has reduced insurance premiums. Also, Mr. Henderson commended the leadership of the Yakima Police Department for their problem solving methods using educational programs which has been fair and effective. Ordinance No. 95 -12 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 95 - 12, AN ORDINANCE relating to public safety and morals; prohibiting minors from remaining in any public place; defining the duties of parents and guardians charged with the custody or care of minors; providing penalties for violations thereof; amending Sections 6.09.020 and 6.09.030, all of the City of Yakima Municipal Code. 18. CONSIDERATION OF ORDINANCE AMENDING THE URBAN AREA ZONING ORDINANCE In response to a question from Council Member Brado, Joan Davenport, Supervising Planner, explained the only change to Exhibit A of the ordinance was the striking out of some language under Mining Refining and Offsite Hazardous Waste Materials. This was a footnote change that was part of the County's housekeeping Amendment No. 10. There were no changes to the residential categories. Ordinance No. 95 -13 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO PASS ""THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 95 - 13, AN ORDINANCE relating to land use and zoning and amending the Urban Area Zoning Ordinance (UAZO) and Yakima Municipal Code subsection 15.03.030(2); subsection 15.03.030(3); section 15.04.030, Table 4 -1 at two places; subsection 15.04.120(C); Chapter 15.05, TABLE 5 -1 at the footnotes, section 15.10.020, and subsection 15.17.050(A). 9 • 145 MARCH 7, 1995 • • • *19. CONSIDERATION OF ORDINANCE'AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CERTAIN CITY EMPLOYEES, (PARALEGAL, PRETREATMENT TECH, AND ASSISTANT CITY MANAGER) ORDINANCE 95 -14, AN ORDINANCE relating to City personnel I/ adopting a classification and compensation plan for City • employees to be effective April 9, 1995; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 D, 2.20.110 A, 2.20.110 B, 2.20.110 F, and 2.20.110 H, all of the City of Yakima Municipal Code. *20. SECOND READING OF ORDINANCE AMENDING THE 1995 BUDGET AND APPROPRIATING FUNDS FOR ADDITIONAL POLICE OFFICERS AND EQUIPMENT An Ordinance amending the 1995 budget and appropriating funds • for additional police officers and equipment, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 95 - 15, AN ORDINANCE amending the 1995 budget for the City of Yakima; and making an appropriation of $244,024 in the General Fund for expenditure during 1995 for five additional Police Officers and related Police Department equipment needs. 21. OTHER BUSINESS Pertaining to Agenda 'I Mayor Berndt asked Council Member Beauchamp if he objected to staff going to Portland to study the issue prior to Council voting on the traffic calming measures. He had Tab objection. Council Member Brado asked if Council has any objection with the expert from 'Vancouver coming to Yakima and evaluating the area.. Council Member Sims stated he had no objection as long as it is at his own expense. Mayor Berndt stated she had no objection as long as Council reserves the right for. -final opinion. A. AMEND PUBLIC HEARING An item was added to the March 1995 Transit public hearing to also consider a modification of the current Transit Fare resolution. I 1/ I B. EXECUTIVE SESSION It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY FIVE MINUTES TO DISCUSS PROSPECTIVE LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO MARCH 14, .1995 AT 7:00 AM AT THE YAKIMA' CENTER FOR INFORMAL DISCUSSION. The motion carried by unanimous voice vote. • • 10 146 MARCH 7, 1995 Information Items: Items of information provided to Council were: Memo from Department of Labor and Industries regarding Revised Prevailing Wage Rates. 2/1/95; 1995 Business Trends Report from the Greater Yakima Chamber of Commerce; Memo from Senior Project Planner regarding Yakima Urban Area Comprehensive Plan: Monthly Status Report. 3/3/95; Monthly Annexation Status Report for February 1995; Monthly Office of Housing and Neighborhood Conservation Report for February 1995; Assignments Pending in Office of Environmental Planning as of March 7, 1995; Agenda for the March 2, 1995 Yakima Valley RTPO TAC meeting and minutes of its February 2, 1995 meeting; Minutes of the February 6, 1995 Yakima Youth Commission meeting; Announcement that Radon Monitoring Program ends; and Article from March 1, 1995 Seattle Post- Intellicrencer regarding "Plan Ahead, or if Told to, Plan Behind." 22. ADJOURNMENT TO MARCH 14, 1995 AT 7:00 AM AT THE YAKIMA CENTER FOR INFORMAL DISCUSSION Following the conclusion of the Executive Session the meeting adjourned at 3:45 p.m. CERTIFIED ACCURATE BY: 1 X / — READ AND C COUNCIL MEMBER DATE � i J ' '/ �12t A' COUNC =ER DATE ATTEST: c__ (;) 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 I/ 11