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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. 2 4.30 JANUARY 23, 1996 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 3 JANUARY 23 1996 • 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 4 432 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. 5 JANUARY , 23, 1996 433 *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. 6 4,3 4 JANUARY 23, 1996 *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. 7 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. 8 436 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. 1 9 4 JANUARY ' 23, 1996 4 3 7 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. • 10 •