HomeMy WebLinkAbout01/23/1996 Business Meeting 428
CITY OF YAKIMA, WASHINGTON
JANUARY 23, 1996
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, Yakima, Washington,
Mayor Lynn Buchanan, presiding. Council Members Clarence
Barnett, Henry Beauchamp, Ernie Berger (absent after
2:15 p.m.), John Klingele, John Puccinelli, 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 Pledge of Allegiance was led by Council Member Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Mayor Buchanan read a proclamation in commemoration of the
10th anniversary of the space shuttle Challenger flight
disaster and the courage of its crew members.
4. CONSENT AGENDA
Mayor Buchanan 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
Items Nos. 11 (Option D), 12 (removed from Consent Agenda
by subsequent motion), 21A and 21B and to remove Item No. 15
from the Consent Agenda. The City Clerk then read the
Consent Agenda items, including resolutions and ordinances
by title. It was MOVED BY SIMS, SECONDED BY KLINGELE, 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. PUBLIC HEARING ON APPROVAL OF FINAL PLAT FOR CHESTNUT GROVE
TOWNHOMES
This being the time set for the public hearing, Larry Lehman,
Associate Planner, presented a brief overview of the final
plat which would create 32 residential lots known as Chestnut
Grove Townhomes. Mr. Lehman also reported that some of the
adjacent property owners were not notified because the
information received from the Yakima County Assessor's office
was not current; however, notices were sent one week later.
There was a brief discussion among Council members and staff
about the notification process.
Mayor Buchanan opened the public hearing and invited public
comment.
JANUARY ,: 2 3, 1996 4 2 9
Rollin Johnson, 117 North 5th, explained his concern about
the number of units stipulated for this final plat. 50th
Avenue and Summitview will be a main intersection and there
already is a great deal of traffic in this area and asked
what traffic control would be needed due to the number of
units proposed in this development. Mr. Lehman described the
environmental review inclusion addressing the traffic
dispersal measures and reference was made to adequate
mitigation measures in the existing materials.
Mayor Buchanan .asked if anyone else wished to comment. There
being no one, he closed the public hearing. It was MOVED BY
SIMS, SECONDED BY KLINGELE, TO APPROVE THE FINAL PLAT AND
DIRECT STAFF TO PREPARE THE APPROPRIATE LEGISLATION. The
motion carried by unanimous voice vote; Berger absent.
6. PUBLIC HEARING ON FAIRBANKS ANNEXATION
This being the time set for the public hearing, Bruce Benson,
Associate Planner, presented some information about
annexations in general, including some examples for clarity,
and entertained several questions from Council members
concerning the annexation process. Mr. Benson then provided
specific information about the proposed Fairbanks Annexation
area's location, its total assessed valuation, and the
receipt of petitions or outside utility agreements from
owners of 78 percent of the area's assessed valuation.
Mayor Buchanan opened the public hearing and invited citizen
comment. There being no one wishing to speak, he closed the
public hearing. Ordinance No. 96 -03 was read by title and it
was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO PASS THE
ORDINANCE. The motiohcarried:by unanimous roll call vote;
Berger absent.
ORDINANCE NO. 96 -03, AN ORDINANCE annexing property to the
City of Yakima and zoning said property, effective March 1,
1996. (Fairbanks Annexation)
7. PUBLIC HEARING ON INTERCHANGE ANNEXATION
This being the time set for the public hearing, Bruce Benson,
Associate Planner, provided background information about the
proposed Interchange Annexation. Mr. Benson then provided
specific information about its location, its total assessed
valuation, and the receipt of petitions or outside utility
agreements from owners of 81 percent of the area's assessed
valuation.
Mayor Buchanan opened the public hearing and invited citizen
comment. There being no one wishing to speak, he closed the
public hearing. Ordinance No. 96 -04 was read by title and it
was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO PASS THE
ORDINANCE. The motion carried by unanimous roll call vote;
Berger absent.
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ORDINANCE NO. 96 -04, AN ORDINANCE annexing property to the
City of Yakima and zoning said property, effective March 1,
1996. (Interchange Annexation)
8. PUBLIC HEARING ON MODESTO HEIGHTS ANNEXATION
This being the time set for the public hearing, Bruce Benson,
Associate Planner, provided background information about the
proposed Modesto Heights annexation. Mr. Benson then
provided specific information about its location, its total
assessed valuation, and the receipt of petitions or outside
utility agreements from owners of 100 percent of the area's
assessed valuation.
Mayor Buchanan opened the public hearing and invited citizen
comment. There being no one wishing to speak, he closed the
public hearing. Ordinance No. 96 -05 was read by title and it
was MOVED BY SIMS, SECONDED BY KLINGELE, TO PASS THE
ORDINANCE. The motion carried by unanimous roll call vote;
Berger absent.
ORDINANCE NO. 96 -05, AN ORDINANCE annexing property to the
City of Yakima and zoning said property, effective March 1,
1996. (Modesto Heights Annexation)
9. PUBLIC HEARING ON NACHES RIVER ANNEXATION
This being the time set for the public hearing, Bruce Benson,
Associate Planner, pointed out differences in this city owned
property annexation and other annexations. He also explained
some of the municipal purpose annexation provisions. Council
Member Klingele expressed concern about the island that will
be created by this annexation, since the property owner does
not want to be included.
Mayor Buchanan opened the public hearing and invited public
comment. Jerry Foy, Fire District Commissioner for the newly
constituted district was introduced. There being no one else
wishing to comment, Mayor Buchanan closed the public hearing.
Ordinance No. 96 -06 was read by title and it was MOVED BY
SIMS, SECONDED BY BEAUCHAMP, TO PASS THE ORDINANCE. The
motion carried by a 5 -1 roll call vote; Klingele voting nay;
Berger absent.
ORDINANCE NO. 96 -06, AN ORDINANCE annexing property to the
City of Yakima and zoning said property. (Naches River
Annexation)
10. AUDIENCE PARTICIPATION
Judy Jacobson, Recreation Coordinator, reported the Torch has
been lit, beginning the 30 day count down for the Winter
Games.
Bev Luby Bartz requested information about the regulations to
site a mobile home on a city residential lot. She was
informed that manufactured homes which meet the building
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JANUARY 23 1996
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codes are permitted on city lots provided it goes through a
Class II zoning review.
Debra Blanchard and Donna Mellinger urged the Council to
provide sewer service to the area just south of the
Fairgrounds which was annexed last year. Staff indicated
this issue is being researched for funding options.
Betty Gaudette reported an apartment on North 6th Street is
using its lawn for parking and requested enforcement of the
open space requirement for the safety of the children playing
in that area.
Rosemary Small also brought to Council's attention a problem
in which a developer cut down three City -owned trees in order
to put in drive -ways to his development. She urged Council
to seek remuneration for the trees and to review how the open
space for this development was calculated.
*11. REPORT FROM PUBLIC WORKS /REFUSE DIVISION REGARDING RECYCLING
OPTIONS AND RECOMMENDATIONS
This item was placed on the Consent Agenda, accepting Staff
Option D which would allow any private hauler or citizen to
provide user -pay curbside recycling within the City of
Yakima.
12. RECONSIDERATION OF COUNCIL POLICY REGARDING FIRE ALARM
MONITORING PROGRAM
It was MOVED BY PUCCINELLI, SECONDED BY SIMS, TO TAKE ITEM
NO. 12 OFF THE CONSENT AGENDA AND CONSIDER IT AT THIS TIME.
The motion carried by5 -0 }vote; Barnett temporarily absent;
Berger absent.
Al Chronister, Fire Chief, provided some background
information about the Council's policy decision to modify the
alarm system from the old hard wire system to a new digital
communicator fire alarm system. He urged the Council to
proceed with implementation of the new system.
Bob Mansfield, Sr., Mansfield Alarm Company, described the
service their company provides. He emphasized the importance
of detection which an UL listed central system provides.
Bob Mansfield, Jr., spoke against the proposal because he
feels his company will be competing with the City for
I/ business. He described some advantages new technology has to
avoid false alarms and also compared higher costs associated
with an outside provider than with his company.
Adrian Wathen, with ADT Security Systems, spoke in favor of
the Digital Fire Alarm System.
There was discussion and comments among Council members and
staff concerning the issue of false alarms and other problems
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JANUARY 23, 1996
associated with the current antiquated hard wire system.
Wayne Wantland, Communications & Electronics Supervisor,
pointed out that the Fire Department will only do the
monitoring, not sales, service maintenance, or testing of the
system. He described some of the benefits of a direct
monitoring program including better response time and a
reduction in costs associated with outside companies
monitoring city facilities.
It was MOVED BY BEAUCHAMP, SECONDED BY KLINGELE, TO APPROVE
THE REPORT TO PROCEED WITH THE FIRE ALARM MONITORING PROGRAM.
The motion carried by 5 -1 voice vote; Buchanan voting nay;
Sims absent.
The Council recessed from 3:55 p.m. to 4:00 p.m.
13. REPORT FROM PUBLIC WORKS ON TREE DISPUTE -- NORTH FIRST
STREET (SUN COUNTRY INN AND PEPPER TREE INN)
Dave Hussell, Street and Traffic Operations Manager,
summarized the issue regarding a dispute over a request by
Pepper Tree Inn to trim Oak trees located in front of the Sun
Country Inn. The Oak trees in question block the view of
signs installed by the Pepper Tree Inn. However, the Sun
Country ownership does not want the trees pruned because they
fit into their landscaping plans. The trees involved are
City owned trees in the public rights -of -way located on
North 1st Street.
William Knudson, representing Sun Country Inn, explained the
landscaping and improvement plans for their facility. He
urged the Council to not allow the trimming of these mature
trees.
Hal Huitt, representing Peppertree Inn, provided pictures
showing the location of the trees in relationship to the
Peppertree Inn property. He expressed concern that people
cannot see their sign because the trees block its view and
urged the Council to come up with a solution to this problem.
He suggested possible alternatives be discussed to address
this conflicting situation and an analysis be done of how
signs and trees interact in this situation. He felt the
failure or success of the business depends on whether the
sign can be seen and also cited safety hazards of customers
trying to find them when they are driving down the street
looking for their sign.
It was MOVED BY KLINGELE, SECONDED BY SIMS, THAT THE TREES
NOT BE ALLOWED TO BE TRIMMED. Council Members Barnett and
Beauchamp felt the Peppertree Inn has a legitimate argument
and didn't think it would be detrimental to the City to prune
the trees, particularly since there is a lack of visibility.
The question was called for a vote on the motion. The motion
carried by a 4 -2 voice vote; Barnett and Beauchamp voting
nay; Berger absent.
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*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
FOR SERVICES WITH THE SUBSTANCE= ABUSE COALITION
RESOLUTION NO. R- 96 -11, A RESOLUTION authorizing the City
Manager and City Clerk to enter into an Agreement between
City of Yakima and the Yakima County Substance Abuse
Coalition, Inc., for community substance abuse prevention
services.
15. CONSIDERATION OF LEGISLATION RELATING TO COMMUTE TRIP
REDUCTION:
A. RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT
WITH YAKIMA COUNTY FOR CTR FUND DISBURSEMENT
This item was considered out of sequence of the agenda
following consideration of Agenda Item No. 19.
John Elsden, Senior Project Planner, referenced the proposal
and was available to answer any questions. Council Member
Klingele asked for a clarification concerning the "SCHEDULE
B, STATEMENT OF WORK" contained within the proposed contract
with regard to the jurisdiction of the Energy Office. Lance
Durban, Yakima Valley Council of Governments (YVCOG),
explained the law will still be in force and this will be
taken over by whatever agency takes over for the Energy
Office. Resolution No. R -96 -12 was read by title and it was
MOVED BY SIMS, SECONDED BY BARNETT, TO ADOPT THE RESOLUTION.
The motion carried by a 4 -2 roll call vote; Buchanan and
Klingele voting nay; Berger absent.
After the vote on the motion, Council Member Barnett asked
whether there are any' concerns, or doubts among Council
members as to whether YVCOG will handle the CTR program.
There was continued discussion about this issue.
RESOLUTION NO. R- 96 -12, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to execute a Contractual Agreement with Yakima County
for commute trip reduction planning.
B. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH
CONFERENCE OF GOVERNMENTS FOR CTR SERVICES
Resolution No. R -96 -13 was read by title and it was MOVED BY
SIMS, SECONDED BY BARNETT, TO ADOPT THE RESOLUTION. The
motion carried by a 4 -2 roll call vote; Buchanan and Klingele
voting nay; Berger absent.
RESOLUTION NO. R- 96 -13, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to execute a Professional Services Agreement with
Yakima Valley Conference of Governments for commute trip
reduction planning.
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*16. NOTICE OF INTENTION TO INITIATE KELLER ANNEXATION
January 23, 1996 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
Kenneth & Barbara Keller, et al. The annexation proposed by
the above parties 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.
*17. STATUS REPORT ON TRAFFIC CALMING DEVICES INSTALLED ON PILOT
PROJECT STREETS
The report on the status of the traffic calming devices
installed on Scenic Drive, between Pecks Canyon and 58th
Avenue, and`on Logan and Viola Avenues between 20th and 24th
Avenues, and the staff recommendation to continue monitoring
of the test locations and report back in June 1996, were
accepted.
*18. APPROVAL OF FOURTH QUARTER 1995 ACCOUNTS RECEIVABLE REPORT
The 4th Quarter 1995 Accounts Receivable Status Report was
accepted.
19. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE
REGULATING PEDESTRIAN INTERFERENCE LOITERING
Susan Woodard, City Prosecutor, explained the issues and the
intent of the proposed ordinance which includes an element
addressing aggressive begging and exempting innocent
behavior. Violations of the proposed ordinance would be
designated as infractions which would enable the City to
enforce this ordinance against juveniles.
There was discussion among Council members, the Police Chief
and staff concerning the necessity of this proposed
legislation and the increasing incidents of traffic
obstruction by loitering, fighting and aggressive
panhandling. Currently there is no tool to address these
situations. Ordinance No. 96 -07 was read by title and it was
MOVED BY SIMS, SECONDED BY BARNETT, TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote; Berger
absent. Council Member Beauchamp expressed hope that proper
judgment is exercised when enforcing this ordinance and not
used in any other manner.
ORDINANCE NO. 96 -07, AN ORDINANCE relating to public safety
and morals; prohibiting individuals from intentionally
obstructing pedestrian and vehicular traffic and from
aggressively begging; adding as a new section Section
6.70.030; and repealing Section 6.70.020, all sections of the
City of Yakima Municipal Code.
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JANUARY 23 1996
20. CONSIDERATION OF ORDINANCES APPROVING THE HEARING EXAMINER'S
RECOMMENDATIONS FOR:
A. REZONE REQUESTED BY BMS PROPERTIES
Because he did not participate in the public hearing held on
December 19, 1995, Council Member Puccinelli explained he was
going 'to abstain from voting and left the room. Ordinance
No. 96 -08 was read by title and it was MOVED BY SIMS,
SECONDED BY KLINGELE, TO PASS THE ORDINANCE. The motion
carried by unanimous roll call vote; Puccinelli temporarily
absent; Berger absent.
ORDINANCE NO. 96 -08, AN ORDINANCE rezoning 3.5 acres located
in the vicinity of 3701 River Road and 3702 Fruitvale Blvd.
in Yakima, Washington, from Light Industrial (M -1) to Central
Business District Support (CBDS) and amending the zoning map
of the Yakima Urban Area accordingly.
B. REZONE REQUESTED BY DENNIS AND TRACI COZZOCREA
Because he did not participate in the public hearing held on
December 19, 1995, Council Member Puccinelli explained he was
going to abstain from voting and left the room. Ordinance
No. 96 -09 was read by title and it was MOVED BY SIMS,
SECONDED BY KLINGELE, TO PASS THE ORDINANCE. The motion
carried by unanimous roll call vote; Puccinelli temporarily
absent; Berger absent.
ORDINANCE NO. 96 -09, AN ORDINANCE rezoning the 9,280 square
foot parcel located at 3704 Summitview Avenue in Yakima,
Washington, from Single Family Residential (R -1) to
Professional Business .(13-1) and amending the zoning map of
the Yakima Urban Area accordingly.
*21. CONSIDERATION OF LEGISLATION RELATING TO TRANSIT SENIOR
PROJECT PLANNER POSITION:
A. RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO 1994-
1995 AFSCME TRANSIT COLLECTIVE BARGAINING AGREEMENT
RESOLUTION NO. R- 96 -14, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to sign an Addendum to the 1994 -1995 Collective
Bargaining Agreement with the Washington State Council of
County and City Employees representing Local 1122 - Transit of
the American Federation of State, County and Municipal
Employees, AFL -CIO as to the exclusion of the Senior Project
Planner from the bargaining unit.
B. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION
PLAN
ORDINANCE NO. 96 -10, AN ORDINANCE relating to City personnel;
adopting a classification and compensation plan for City
employees to be effective March 1, 1996; amending Subsections
2.20.100 A, 2.20.100 D, 2.20.100 E, 2.20.110 A, 2.20.110 G,
and 2.20.110 I, all of the City of Yakima Municipal Code.
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JANUARY 23, 1996
22. OTHER BUSINESS
It was the general consensus of the Council to interview the
candidates for the Housing Authority Board position.
Council Member Barnett requested Council appoint a
replacement for him to serve as the City's representative to
the Conference of Governments.
Information Items:
Items of information provided to Council were: Letter from
U. S. DOT regarding FY 1996 DBE Goal Approval. 12/21/95;
Traffic Engineering Citizen Request and Activity Report for
December 1995; Monthly Personnel Reports for December 1995;
Memorandum from Legal Department regarding Damage Claims
Referred to Third Party Claims Administrator; Assignments
Pending in Office of Environmental Planning as of January
23, 1996; Agenda for the January 23, 1996 Capitol Theatre
Board of Directors meeting and minutes of its December 18,
1995 meeting, including January - March 1996 program
calendars; Minutes of the November 9, 1995 Community
Development Advisory Committee meeting; Washington State
Tourism Bulletin; January 1996; New Vision /Yakima County
Development Association 1995 Annual Report; Yakima Valley
Conference of Governments Newsletter; January 1996; The
Changing Northwest Newsletter; December 1995; Newspaper
articles, "Appropriations Wars Leave Vital City Programs
Unfunded ", Big Box Retailers: Time to Ask for Performance
Bonds ? "; and Takings Bills: Sane Second Thoughts "; and
Notice of Availability, Yakima Fisheries Project Final
Environmental Impact Statement. 1/12/96
23. EXECUTIVE SESSION REGARDING:
A. LABOR NEGOTIATIONS -- TRANSIT
B. PROPERTY ACQUISITION /DISPOSITION FOR I -82 PROPERTY
AND FIRE STATION NO. 2
It was MOVED BY SIMS, SECONDED BY KLINGELE, TO MOVE INTO
EXECUTIVE SESSION FOR APPROXIMATELY 15 -20 MINUTES TO DISCUSS
LABOR NEGOTIATIONS AND PROPERTY ACQUISITION /DISPOSITION WITH
IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by
unanimous voice vote; Berger absent.
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24. ADJOURNMENT
Immediately following the conclusion of the Executive
Session, the meeting adjourned at 5:42 p.m.
READ AND CERTIFIED ACCURATE BY:
0. CIL M 1 BER ' DATE
C� CIL
-� ■ as -7 DATE
ATTEST:
i
CITY CLERK G NN BUCHANAN, MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are
available in the City Clerk's Office.
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