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HomeMy WebLinkAbout05/23/1995 Business Meeting 227 MAY 23, 1995 SPECIAL DEMONSTRATION 1:30 P.M. CITY HALL PARKING LOT 1. FIRE DEPARTMENT AERIAL APPARATUS DEMONSTRATION The Fire Department gave a demonstration of the City's new aerial apparatus. * * * * * * * * * * * * CITY OF YAKIMA, WASHINGTON MAY 23, 1995 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, Mayor Pat Berndt, presiding, Council Members Clarence Barnett, Henry `�fleauchamp, 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 None given. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Denise Nichols introduced John Williamson, the new Parks and Recreation Manager. Doug Dodd, Water /Irrigation Superintendent, reported that all leaks in the 308 Irrigation District would be fixed and the system in operation this evening,. A. PROCLAMATIONS (IF APPLICABLE) Mayor Berndt presented a Proclamation declaring June 3 -4, 1995 as Yakima Air Fair Weekend to Larry West and Terry Powell. Council was presented with an Air Fair Poster and pins. Council Member Barnett presented a Proclamation declaring May 19 -29, 1995 as American Legion Poppy Days to Madeleine Cooper, American Legion Auxiliary. Council was presented with red paper poppies. 228 MAY 23, 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. 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, I/ AS READ, 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 MAY 9, 1995 BUSINESS MEETING The minutes of the May 9, 1995 Business meeting was 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 MAYOR BERNDT OF ALL AMERICA CITY CITIZEN CERTIFICATES TO VOLUNTEERS HELPING TO "PATTERN" DAVID McRAE Mayor Berndt explained that due to an accident David McRae's medical condition requires hours of daily rehabilitation. This need is being met by family members and friends. In recognition of this service to Mr. McRae and the community, Certificates of Appreciation were presented to Brant Urwin, Todd Campbell, Dean Campbell and Steve Nunley. Certificates of Appreciation for the other volunteers were given to Mrs. Nunley, David's Mother, for distribution. 7. PUBLIC MEETING ON THE 1994 COMMUNITY DEVELOPMENT BLOCK GRANT PERFORMANCE REPORT AND YEAR -END REPORT SUMMARY This being the time set for a public meeting on the 1994 Community Development Block Grant_ Performance Report and Year -end Report Summary, Dixie Kracht, Block Grant Manager, stated that before Council is the annual report to HUD on the activities primarily funded by program grants last year. The program affected or assisted in excess of 9,000 people. Council Member Buchanan requested clarification on the phrase, "alleviating a depressed market for the low income people." Ms. Kracht explained the prices are not low; the market is depressed for the mid to low income bracket. Betty Gaudette, 701 North 6th Street, stated she has several I/ questions, even though she is a new member to the Community Development Advisory Committee.. Council Member Buchanan suggested this issue be returned to the Committee if it has not finished reviewing this report. Ms. Kracht reported this report has been provided to the Committee and was reviewed. She stated that Ms. Gaudette, being a new member, would have lots of questions and she would be happy to meet with her. 2 MAY 23, 1995 2 2 9 She further reported .that this,report was approved by all the Committee members, with the exception of Ms. Gaudette, who abstained from the vote. Council Member Buchanan commented that there were several questions about whether this Committee is needed. Council Member Brado asked if the approval of this report could be postponed. Ms. Kracht replied that the report was already late being submitted to I/ HUD. Lynn Kittleson, Community Development Advisory Committee, stated the Committee did review and approve the report. Betty Gaudette attempted to ask abbreviated questions, in the interest of time, but indicated it was too difficult to try to condense her questions.. Mayor Berndt suggested this item be delayed until the next meeting and give Ms. Kracht time to meet with Ms. Gaudette. It was MOVED BY BUCHANAN, SECONDED BY BRADO, TO POSTPONE THIS UNTIL JUNE 6TH TO LET BETTY GET HER QUESTIONS ADEQUATELY ANSWERED. The motion carried by unanimous voice vote. 8. PUBLIC HEARING ON PLACE ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY) This being the time set for public hearing on the Place Annexation, Bruce Benson, Associate Planner, stated this annexation is a single owner, one acre parcel with an assessed valuation of $204,000. The staff recommendation is to accept the annexation. Ordinance No. 95 -28 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 95 - 28, AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective July 1, 1995. (Place Annexation) 9. AUDIENCE PARTICIPATION Neal Coffey stated he heard a rumor that Council members were going to make a motion about the Englewood traffic item without citizen input. He requested an opportunity to comment before Council takes action on the issue... William Dunlap, 602 Naches, related his frustration in receiving a certified letter of order on non - compliance. He I/ ,felt the letter was strongly worded and unwarranted, especially since it was the first contact by the City. He stated when he came to City Hall he was told that was the way. the Northeast clean -up program was operating, but after the media attention, he heard this letter was to be changed. He stated he asked staff about the problems with his property, but has not received any 'information. Council Member Brado apologized for the manner in how Mr. Dunlap was approached. He suggested that the Code Enforcement Office make personal contact, then send an information letter, and then send out a 3 2 0 MAY 23, 1995 non - compliance letter. Mr. Dunlap stated he is on the Northeast Committee and commended the Police Department on the flyer they are distributing notifying people of nonconformance with the City's ordinances. He stated he knows of properties that are not in compliance and did not receive any notification. Mayor Berndt stated the intention is to send an information letter first and then follow -up on it. She suggested Mr. Dunlap provide staff with information I/ on any situations that need correction. Bev Luby Bartz, 114 North 7th Street, stated that Mr. Dunlap has a very nice home. She questioned a $50,000 loan fund mentioned in the Block Grant Performance report. Mayor Berndt suggested that Ms. Bartz also meet with Ms. Kracht. 10. REPORT FROM TRAFFIC AND ENGINEERING REGARDING SCENIC DRIVE TRAFFIC CHANGES /MITIGATION Shelley Willson, Supervising Traffic Engineer, was available to respond to questions about the report on Scenic Drive traffic changes /mitigation and the letter from Gerald Morris, Clark County Neighborhood Traffic Technician. Ms. Wilson reviewed the staff recommendations. Council Member Barnett clarified that the staff recommendation relating to the speed humps would be done as a pilot project. Discussion ensued about installing speed humps on Scenic Drive and Englewood Avenue, its funding would come from the 1994 carry forward funds and the savings in the snow control fund. Dave Hussell, Street and Traffic Operations Manager, commented that there are some funds available in the Street Fund since only 10% of the budgeted amount was expended for snow removal. If those funds aren't used for these traffic calming devices, that money would be used for street maintenance in terms of potholes. Council Member Barnett stated he agrees with the establishment of a Neighborhood Traffic Management Policy, but is concerned about shifting funds for traffic calming devices when he has a report that says we are $650,000 short for other Street Department projects. Council Member Beauchamp stated he drove down Scenic Drive and noted there are other areas in the City with similar traffic problems. He further commented that he was impressed with how Oakland, California utilizes speed humps as a controlling device. He suggested trying a couple of pilot areas. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE POLICIES AND PROCEDURES AS PRESENTED BY STAFF, KNOWN AS NEIGHBORHOOD TRAFFIC I/ MANAGEMENT POLICY; ADOPT THE STAFF RECOMMENDATION ON SCENIC; AND AUTHORIZE STAFF TO SELECT ONE OTHER NEIGHBORHOOD FOR A SIMILAR MITIGATION PILOT PROJECT. (The staff •recommendation for Scenic Drive is to increase the posted speed limit to 25 m.p.h.; install four to five seminole speed humps on Scenic Drive between Pecks Canyon and the west City limits. The seminole speed humps are 22 feet in length; install three -way stop control at the intersection 4 MAY 23; 1995 231 of 53rd Avenue and Scenic Drive;. and install edge lines and a double yellow line on Scenic Drive.) Mayor Berndt requested a report in six months and 12 months and that no other project be done until after the reports are received. Council Member Berger stated he has a concern about approving this expenditure from the 1995 budget when this will effect the on -going maintenance program. Council Member Brado stated he feels uncomfortable about adopting this without giving the County Commissioners time to review this policy. The question was called for a vote on the motion. The motion carried by 5 -2 voice vote; Berger and Brado voting nay. Council member Barnett stated he voted in support of the motion, although he would prefer we follow the budget process in 1995. 11. REPORT AND CONSIDERATION OF PROPOSED LEGISLATION REGARDING ENGLEWOOD AVENUE TRAFFIC ISSUES: A. ORDINANCE REDUCING SPEED LIMIT FROM 30 MPH TO 25 MPH B. REMOVAL OF STOP SIGN ON 56TH AND ENGLEWOOD AVENUES C. REMOVAL OF STOP SIGN ON 44TH AND ENGLEWOOD AVENUES Shelley Willson stated this report responds to Council's recommendations and questions from the last meeting. - Council Member Beauchamp stated that at the last meeting, they talked about the hazards of installing stop signs that are not warranted; and now Council is told it is more hazardous to remove the stop signs. Larry Peterson, Assistant City Attorney, stated he prepared a memorandum in response to Council Member Beauchamp's questions. The he thought Council wanted was about the _.potential .,tort liability. He briefly reviewed his opinion that Council has the legal authority to remove the stop signs, but advised that replacement traffic control devices be installed that are at least as effective. Mayor Berndt asked if the testimony regarding excessive speed and how much the stop signs have helped would reduce the City's liability. Mr. Peterson stated it would have a role; Council needs to consider what would be the best in the long run. He urged Council to take the staff recommendation on traffic control as almost the top consideration. Council Member Barnett stated he has received a number of phone calls about the traffic cutting through the Englewood Church parking lot to avoid the stop sign, which is dangerous for the people in the parking lot. There was discussion about the staff recommendation to keep the 30 m.p.h. speed limit ..west ...of 40th Avenue and what criteria would have to be present to reduce that speed limit. Council Member Sims commented that . the area (south /north roadway by South 80th Avenue) is becoming more and more developed. The issue needs to be discussed during a joint meeting. Mayor Berndt stated Council received a report on 40th Avenue and maybe that needs to be revisited; the north /south routes are a problem. Neal Coffey, 7001 Englewood, commented that the City could put up warning signs 5 2 2 MAY 23, 1995 that the stop signs have been removed, if that is the decision of the Council. He presented Council with copies of three legal memorandums he commissioned, which he read into the record. One letter was from Paul Larson, Larson & Perkins Law Offices, which indicated the City should be concerned about their possible liability in installing unwarranted stop signs and by removing them have placed themselves in a "damned if they do and damned if they don't" position. A second letter from Tim Weaver, Cockrill & Weaver, which voiced his personal experience in driving on Englewood before and after the installation of the stop signs. He also gave three situations where the City may be liable due to the installation of the unwarranted stop signs. The third letter is from Daniel Bariault, an attorney from Seattle, whose Mother lives on Englewood. It was his opinion that the City has placed itself in a liable'position by installing the stop signs at the suggestion of lay persons and not following the professional advice of the City's Traffic Engineers. Council Member Brado stated that Gerald Morris told him that stop signs do not slow the traffic speed and the memo from staff indicates the traffic slowed by one mile per hour. Bill Hake, 5302 Englewood, stated he still feels strongly about safety and controlling the traffic on Englewood. The total volume is about 8300 vehicles per day for which he feels a special commendation can be made because of the uniqueness of the street. He doesn't feel there is a legal problem if you can explain that the street is unique. He stated the street is more dangerous without having any traffic control devices. Council Member Beauchamp stated he thinks we need something different than a stop sign and suggested referring this issue back to Traffic Engineering. Following additional discussion, it was MOVED BY BERGER, SECONDED BY BRADO, TO CONTINUE THE NEIGHBORHOOD TRAFFIC POLICIES PROGRAM; THAT WE CONTINUE TO MAINTAIN THE RECOMMENDATION OF 12/12 TRAFFIC ANALYSIS AND RECOMMENDATIONS THAT HAVE BEEN DONE; INSTALL DOUBLE YELLOW LINE ON ENGLEWOOD; MAINTAIN THE 30 M.P.H. SPEED LIMIT; MAINTAIN THE STOP SIGN AT 56TH AVENUE AND ENGLEWOOD AND REMOVE THE STOP SIGN AT 44TH /ENGLEWOOD. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO LEAVE THE STOP SIGN AT 44TH AVENUE ENGLEWOOD UNTIL AN ALTERNATE SLOWING DEVICE IS FOUND. David Lantis, 4405 Englewood, commented that many people have testified that the safety of their children is important and the people at Estee Court say they can't get out onto Englewood; the people at 44th Avenue and Englewood are saying I/ the stop signs are wanted; and the School District says they want that stop sign. He commented that they presented Council with a petition containing 214 signatures in support of the stop signs. Mr. Coffey reported the people attending the LDS Church say the stop sign impedes their exiting the church property. The question was called for a vote on the amendment. The motion failed by 4 -3 voice vote; Barnett, Beauchamp, Berger, and Brado voting nay. The 6 • :i 233 MAY 23; 1995 question was called for a ._vote on the motion. The motion carried by 4- 3``voice v Berndt, Buchanan and Sims voting nay. 12. REPORT FROM NEIGHBORHOOD COUNCIL COMMITTEE REGARDING URBAN AREA ZONING ORDINANCE AMENDMENTS I/ Glenn Valenzuela, Director of Community and Economic Development, stated staff is seeking Council direction to set either June 6th or July 25th as a date of joint City /County 'public hearing on the Urban Area Zoning Ordinance amendments. It was MOVED BY BARNETT, SECONDED BY SIMS, TO SET JULY 25, 1995 AS A DATE OF JOINT CITY /COUNTY PUBLIC HEARING ON THE URBAN AREA ZONING ORDINANCE AMENDMENTS. The motion carried by unanimous voice vote. 13. REPORT ON REQUEST TO RENAME A PORTION OF SOUTH 10TH STREET TO FAIR AVENUE It was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, TO RENAME 10TH AVENUE TO FAIR AVENUE. Verna Beggs, resident,' Jack Rought, 621 South 10th Avenue resident, and Greg Stewart, President and General Manager of the Fair Association, spoke in support of the street name change. After ascertaining the street name would be for the full length of the street from its junction at High Street with the current Fair Avenue to Mead, the question was called for a vote on the motion. The motion passed by .unanimous voice vote. City Attorney Paolella stated that staff will prepare the appropriate legislation to implement this change. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH WALSH MONCADA TO CONDUCT RECLASSIFICATION STUDIES RESOLUTION NO. R 95 - 76, A RESOLUTION authorizing the execution of a professional services agreement with Walsh Moncada and Company. *15. CONSIDERATION OF RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR A HOME OCCUPATION PROGRAM RESOLUTION NO. R 95 - 77, A RESOLUTION • authorizing • and directing the City Manager of the City of Yakima to file an 1/ application with the Department of Community, Trade and Economic Development for funding for a Home Occupation Program. . 7 2,34 MAY 23, 1995 *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH LENDERS FOR THE MULTI - FAMILY RENTAL REHAB PROGRAM RESOLUTION NO. R 95 - 78, A RESOLUTION authorizing the Director of Community and Economic Development of the City of Yakima to enter into an agreement with ten lending institutions of Washington for implementation of a multi- family loan program. I/ *17. CONSIDERATION OF RESOLUTION AUTHORIZING CLOSURE OF SPRING CREEK ROAD FOR AIR FAIR EVENTS RESOLUTION NO. R 95 - 79, A RESOLUTION authorizing temporary closure of portions of 16th Avenue and Spring Creek Road for the 1995 Yakima Air Fair. *18. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF EASEMENT RELEASE FOR BARGE- LINCOLN ELEMENTARY SCHOOL RESOLUTION NO. R- 95 - 80, A RESOLUTION authorizing the City Manager and the City Clerk to execute a Quit Claim Deed to release a sewer easement across Barge- Lincoln Elementary School, property owned by Yakima School District #7. *19. SET DATE OF PUBLIC MEETINGS FOR JUNE 6, 1995 FOR: A. FINAL PLAT APPROVAL FOR ENGLEWOOD ASSOCIATES PROJECT June 6, 1995 was set as the date of public meeting to consider final plat approval for the Englewood Square Plat No. 1 submitted by the Englewood Square Associates, Inc., Bellevue, Washington. B. BARTZ APPEAL OF HEARING EXAMINER'S DECISION ON FENCE HEIGHT ADJUSTMENT REQUESTED BY LOUISE WORDEN June 6, 1995 was set as date of public meeting to consider the appeal submitted by Bev Luby Bartz of the Hearing Examiner's decision approving portions and denying portions of a request to allow 6 -foot high cyclone fencing within the front and side yard set -backs for properties in the vicinity of North 8th Street and "D" Streets. *20. APPROVAL OF APRIL 1995 BUDGET REPORT I/ The April 1995 Revenue and expenditure Report was approved. 8 • 235 MAY 23, 1995 - . *21. CONSIDERATION OF ORDINANCE, PROHIBITING PARKING ON A PORTION OF SOUTH 6TH STREET'°INTHE VICINITY OF NOB HILL BOULEVARD ORDINANCE NO. 95 - 29, AN ORDINANCE relating to traffic; prohibiting parking on both sides of 6th Street from its I/ intersection with Nob Hill Boulevard to two hundred seventy feet north of Nob Hill; and amending Section 9.50.050 of the City of Yakima Municipal Code. 22. OTHER BUSINESS Information Items: Items of information provided to Council were: Letter from HUD regarding budget reduction in the CDBG Program; 5/15/95; Letter from Yakima County Commissioners regarding. Revised Year 2015 Population Allocations;. 5/8/95;. Agenda for the May 24, 1995 Housing Authority Board meeting; Letter from Residents of Highview Courts, Inc. regarding dust problem from Harrison Housing Development; 5/7/95; Article from 5/8/95 Nation's Cities Weekly, "Water Amendments Could Ease Limits on Stormwater "; Congressional Week in Review; May 5 and 12, 1995; Assignments Pending in Office of Environmental Planning as of May 23, 1995; Reports from Human Resources Division regarding status of vacancies and hiring; Spring 1995 issue of About Growth; and Labor Area Summary for Yakima. Distributed 5/23/95: Trolley Sale Bid Review; 5/22/95; Agenda for the May 25, 1995 Yakima Air Terminal Board meeting and minutes of its April 27 and May 11,1995 meetings; and Monthly Report of the Chief of Police for April 1995. 23. EXECUTIVE SESSION (ALLOW 20 MINUTES) : A. PROSPECTIVE LITIGATION -- PERSONAL INJURY CLAIMS B. PROPERTY DISPOSITION PROPOSAL FOR CITY OWNED PROPERTY AT 32ND AND NOB HILL BOULEVARD It was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO MOVE INTO EXECUTIVE SESSION AT 4 :25 P.M. FOR APPROXIMATELY 20 MINUTES FOR THE PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION,' AND PROPERTY DISPOSITION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. 1/ 9