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.
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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.
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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,
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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
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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.
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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
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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
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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
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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
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MAY 23; 1995
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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
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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
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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
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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
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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. .
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*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.
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*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
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The April 1995 Revenue and expenditure Report was approved.
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*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.
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