Loading...
HomeMy WebLinkAbout06/04/1996 Business Meeting 39.- CITY OF YAKIMA, WASHINGTON JUNE 4, 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, 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 Invocation was given by Council Member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Council Member Berger extended an invitation to the Fire Fighters Association /KYVE Spaghetti Feed on June 7, 1996 at Fire Station No. 1. Mayor Buchanan read a proclamation declaring June 16, 1996 as 1996 Corel Great Race Day. Mike McElrath, Westside Merchants Association, accepted the proclamation and urged all citizens to participate and enjoy this event. Leslie Sutton accepted the proclamation declaring the week of June 2 -8, 1996, as Management Week. She urged all citizens to develop and recognize management as a profession. She invited the Council to their award ceremony to honor Glenn Valenzuela as Manager of the Year. 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 remove Agenda Items Nos. 16 and 17. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by I/ 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 21, 1996 BUSINESS MEETING The minutes of the May 21, 1996 Business meeting, was approved, having been duly certified accurate by two Council 40 JUNE 4, 1996 members and no one present wishing to have said minutes read publicly. 6. PUBLIC HEARING TO CONSIDER APPEAL FILED BY GREGORY MC CLURE HEARING EXAMINER DECISION ON AN APPEAL FILED BY JANICE WOOLEN REGARDING ADMINISTRATIVE ADJUSTMENT FOR FENCE This being the time set for the public hearing, Vaughn McBride, Assistant Planner, provided details of the appeal submitted by Gregory McClure. He also drew a diagram and showed pictures of the property as it relates to curb and set back requirements. The issue of the appeal is whether or not the fence constructed on Mr. McClure's property restricts visibility from the driveway on Janice Woolen's property. Mr. McClure was granted an administrative adjustment of the fence height standard to allow a six foot fence. On March 14, 1996 the Hearing Examiner granted Ms. Woolen the appeal because the fence obstructed the clear view vision triangle affecting her driveway. There was a brief discussion among Council members and staff about safety concerns as well as the interpretation of the section of the Yakima Municipal Code dealing with the clear view triangle requirement. Mayor Buchanan opened the public hearing and asked for public testimony. Greg McClure, applicant and owner of the fence, described the layout of his property and explained he was acting in good faith and had followed all applicable laws pertaining to the fence construction, including setbacks, permits, and clear view areas. He received an administrative adjustment for a 6 -foot fence. Mr. McClure further explained that his financial situation will not allow him to rebuild the fence. He urged the Council to uphold the administrative adjustment of the fence height to six feet. He also pointed out that he feels the Hearing Examiner confused the terms travelway and sidewalk when issuing his decision. Janice Woolen described her rental property which adjoins Mr. McClure's property. She provided some background information about the 4 -foot chain link fence constructed by the City on her property when Nob Hill Boulevard was widened some years ago. She reported that Mr. McClure removed that fence without her prior knowledge. Ms. Woolen urged the Council to deny Mr. McClure's appeal because the fence restricts visibility of the sidewalk and the westbound traffic lanes when entering West Nob Hill Boulevard from her driveway. Les Bumgarner, 1106 South 31st Avenue, disagreed with the driveway change made by Mr. McClure. He also feels the fence restricts visibility when backing out of the driveway of Ms. Woolen's property. Bev Luby Bartz referred to page 612 of the Yakima Municipal Code, Table 5 -1, Section 11.05.08 which would require the 2 ai 41 JUNE 4, 1996 fence to be built 20' from the property line. She feels this fence was legalized after the fact,,.and urged everyone to obey the law. There should not be selected enforcement. Betty Gaudette commented that there used to be only four foot fences on side yards and front yards instead of a six foot adjustment. She urged the Council to keep the requirement at the four foot height. Mayor Buchanan asked if anyone else wished to comment about the appeal. , There being no one, he closed the public hearing. There was a considerable amount of discussion -among Council, staff, and others concerning the safety aspect of this situation. They also discussed the Table 5 -1 referenced by Ms. Bartz earlier during this hearing. After continued comments and discussion about this appeal, it was MOVED BY BARNETT, SECONDED BY SIMS, TO CONTINUE THE HEARING UNTIL THE NEXT MEETING IN ORDER TO HAVE CLARIFICATION OF THE CODE REFERENCES THAT HAVE BEEN MADE SO WE CAN REVIEW THAT IN RELATIONSHIP TO THE TESTIMONY AND FACTS THAT HAVE BEEN PRESENTED. Council Member Berger requested staff provide additional information about the, clear view issue. Council Member Beauchamp agreed and feels this safety situation should be further considered. The question was called for a vote on the motion. The motion carried by unanimous voice vote. 7. PUBLIC MEETING TO CONSIDER HEARING EXAMINER DECISION FOR REZONE OF PROPERTY ADJACENT TO FIRE STATION NO. 5, REQUESTED BY YAKIMA FIRE DEPARTMENT This being the time set for a public meeting, Dan Valoff, Associate Planner, explained details of the request by the City of Yakima Fire Department to rezone property in the vicinity of Fire Station #5 from R -2, Two - Family Residential, to CBDS, Central Business District Support. The property is located at 807 East Nob Hill Boulevard, is three acres in size, and if this rezone is approved, would facilitate the development of the new Fire Training Facility. The staff recommendation is to uphold the Hearing Examiner's recommendation and direct staff to prepare the appropriate legislation. Council Member Sims pointed out that certain written comments by the Hearing Examiner contained within the recommendation were unprofessional. Mayor Buchanan opened the public meeting and invited public 1/ testimony. There being no one wishing to speak, he closed the public meeting. It was MOVED BY, BARNETT SECONDED BY BERGER, TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous voice vote. 8. AUDIENCE PARTICIPATION There was none. 3 4 2 JUNE 4, 1996 9. REPORT ON REQUEST FOR STOP SIGNS ON CHESTNUT Council Member Barnett reported that residents of Chestnut Avenue have requested intersection control changes on Chestnut Avenue at 24th Avenue, 28th Avenue, and 30th Avenue. In response to a citizen petition submitted last year and several visits to the Council, staff has attempted to address speeding problems on this street. Council Member Barnett referenced a corrected map he provided to the Council which demonstrate the intent of the discussions with Mr. McIntosh, particularly the four -way stop signs indicated for 24th Avenue. Council Member Sims requested clarification as to whether four -way stop signs were indicated for 28th Avenue and 30th Avenue. Council Member Barnett explained that specific recommendations were not made; however, the recommendation is on a trial basis to see if it works. Dr. Roderick G. McIntosh, 201 South 24th Avenue, provided statistics about Chestnut Avenue, a street which has experienced a high volume of traffic, but is not designed as a high traffic street. He referred to four -way stop signs currently in place at 10th, 11th, and 12th Avenues, all high- traffic streets. Mr. McIntosh feels the idea of placing stop signs would be an economical way to maintain traffic control and return the peaceful nature to this residential street. West Chestnut Avenue needs a temporary trial to break the habit of fast traffic. John Degrasse, 2109 West Chestnut Avenue, described the fast traffic on West Chestnut Avenue. He explained that the • traffic moves faster on this street because it appears wide and spacious. He pointed out that West Chestnut is a designated bicycle route and he feels that designation should be reconsidered due to the traffic situation. There was a considerable amount of discussion about the situation and the traffic calming measures to consider. Council Member Sims described the effectiveness of speed humps to slow traffic, and Council Member Barnett pointed out that stop signs would be the economical and the fastest method to address the situation until the issue is resolved. Shelley Willson, Supervising Traffic Engineer, discouraged stop sign placement because they have proven to be unsuccessful in other areas and may cause mid -block speed increases. Council Member Barnett commented that Bonnie Doone has one stop sign per 16 blocks and Chestnut has only one stop sign from 16th to 40th Avenues. There should be a stop sign at 24th and West Chestnut Avenues on a trial 6- month period. It was MOVED BY BARNETT, SECONDED BY BERGER, TO INSTALL STOP SIGNS AS INDICATED ON THE AMENDED MAP AT 24TH AND CHESTNUT I/ AND CHANGE THE DIRECTION OF THE STOP SIGNS AT 28TH AND 30TH AVENUES FOR A 6 MONTH TRIAL PERIOD. Kathy Coffey encouraged it to be left the way it is now because changes would encourage more traffic, congestion and 4 4'3 JUNE 4;,1996 noise. There was continued discussion concerning about the traffic movement on „Chestnut Avenue and the adjacent streets. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO AMEND THE MOTION TO INCLUDE FOUR -WAY STOP SIGNS AT ALL THREE INTERSECTIONS. The motion carried by a 6 -1 voice vote; I/ Puccinelli voting nay. The question was called for a vote on the motion as amended. The motion carried by a 5-2 voice vote; Klingele and Puccinelli voting nay. There was a brief discussion about photo radar speed traffic monitoring. Mayor Buchanan described traffic calming measures utilized in other cities and this issue concluded with discussion about the punitive and offensive nature of traffic calming enforcement. 10. REPORT FROM YAKIMA CENTER EXPANSION COMMITTEE REGARDING FINAL PROJECT BID SPECIFICATIONS APPROVAL Skip Semon, Chairman of the Yakima Center. Expansion Committee, reported they have worked through this project to balance the needs of staff and the hospitality committee. The package is ready to go out to bid, and he asked the Council to approve it. After discussion about the new seating capacity of the expansion, it was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO ACCEPT THE RECOMMENDATIONS. The motion carried by unanimous voice vote. Skip Semon also added that the expansion will dramatically enhance the economy by bringing business into the community. 11. REPORT REGARDING PROPOSED AMENDMENTS TO THE MUNICIPAL CODE RELATING TO SIDEWALK CAFES AND VENDOR CARTS Glenn Valenzuela explained that in February of this year, discussions began with the business community concerning right of way use on sidewalks by vendors, particularly the insurance costs and requirements. The proposed ordinance would require that sidewalk cafes and vendors obtain permission from the adjoining property owner and increases the insurance requirement to $500,000. Council Member Barnett suggested and explained it would be very helpful to include in the staff report the position taken by specific organizations. City Attorney Paolella commented that if the staff recommendation is approved, staff would have to prepare the ordinance. It was MOVED BY BARNETT, SECONDED BY SIMS, TO APPROVE THE STAFF RECOMMENDATION. The motion carried by unanimous voice vote. I/ *12. CONSIDERATION OF RESOLUTION AUTHORIZING SHUTTLE BUS. SERVICE IN YAKIMA FOR FOURTH OF JULY CELEBRATION RESOLUTION NO. R- 96 -64, A RESOLUTION providing for volunteer contribution shuttle bus service to the Yakima County Fairgrounds on July 4, 1996. .. 5 44 JUNE 4, 1996 *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE ARMY CORPS OF ENGINEERS FOR DIKE REPAIR FOR WATER AND WASTEWATER DIVISIONS RESOLUTION NO. R- 96 -65, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a "Project Cooperation Agreement," "Certification Regarding Lobbying," and "Flood Protection Levy Easement," and the City Attorney to execute a "Certificate of Authority" and "Title Certificate" necessary to accomplish repair of the Water and Wastewater facilities dike. *14. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF SURPLUS SNORKEL TRUCK RESOLUTION NO. R- 96 -66, A RESOLUTION declaring one used 85- foot snorkel truck to be surplus and authorizing its sale. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS FOR NEIGHBORHOOD IMPROVEMENT PROJECTS: A. PARKWAY PLACE B. SOUTHEAST PAINTING C. ASOCIACION DE BARRIOS D. HOUSING AUTHORITY E. SCENIC REFORESTATION F. SOUTHEAST CENTER EQUIPMENT RESOLUTION NO. R- 96 -67, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute various agreements to implement the Neighborhood Improvement Program. 16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO PUBLIC DEFENDER CONTRACT Council Member Barnett explained he removed this item from the Consent Agenda because he felt the contract relationship was broken and the next bidder should receive the contract; however, they did not want it and this should have went out to bid again. Resolution No. R -96 -68 having been read by title only, it was MOVED BY KLINGELE, SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION. The motion carried by a 4 -3 roll call vote; Barnett, Berger, and. Sims voting nay. RESOLUTION NO. R- 96 -68, A RESOLUTION authorizing the execution of a revised Public Defender Agreement for 1996 to release John J. Jay from his contractual obligations and to retain Kenneth W. Raber. 17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE SWANSON INMATE COMMISSARY SERVICE CONTRACT I/ Assistant City Attorney McMurray responded to questions posed by Council Member Beauchamp regarding the termination clause in the agreement. Resolution No. R -96 -69 having been read by 6 4 5 JUNE 4, 1996 title, it was MOVED BY SIMS, SECONDED BY KLINGELE, TO ADOPT THE RESOLUTION. The, carried by unanimous roll call vote. RESOLUTION NO. R- 96 -69, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a I/ revised agreement with Swanson Inmate Commissary Services, Inc. to provide inmate commissary services at the Yakima City Detention Facility. *18. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMENTS FOR SUMMER RECREATIONAL PROGRAMS FOR YOUTH WITH SPECIAL NEEDS WITH: A. YAKIMA COUNTY DEPARTMENT OF COMMUNITY SERVICES RESOLUTION NO. R- 96 -70, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Yakima County, Department of Community Services, to provide a summer recreational program for youth with special needs. B. YAKIMA SCHOOL DISTRICT NO. 7 RESOLUTION NO. R- 96 -71, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Yakima school District to provide a summer recreational program for youth with special needs. *19. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CONSULTING AND PHARMACEUTICAL SERVICES FOR PHARMACEUTICAL SERVICES ;:AT...THE., CITY DETENTION FACILITY RESOLUTION NO. R- 96 -72, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Consulting and Pharmaceutical Services, Inc. to provide pharmaceutical products at the Yakima City Detention Facility. *20. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF DRAIN LINE EASEMENT WITH MACRO PLASTICS RESOLUTION NO. R- 96 -73, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Drain Line Easement Agreement between the City of Yakima and Macro Plastics, Inc. in order to resolve a drain line easement dispute. *21. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL COOPERATIVE AGREEMENT_ WITH WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT RELATING TO THE Y.V.T. ELECTRIC RAILROAD RESTORATION PROJECT RESOLUTION NO. R- 96 -74, A RESOLUTION authorizing and ratifying the execution of an Interlocal Cooperative 7 4 •6 JUNE 4, 1996 Agreement with the Washington State Employment Security Department. *22. CONSIDERATION OF RESOLUTION AUTHORIZING FINANCE DIRECTOR TO RESPOND TO GOVERNMENTAL ACCOUNTING STANDARDS BOARD EXPOSURE DRAFT REGARDING MUNICIPAL INVESTMENTS RESOLUTION NO. R- 96 -75, A RESOLUTION authorizing the Director of Finance and Budget to respond to Exposure Draft 132 -A of the Governmental Accounting Standards Board. *23. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING FOR JULY 2, 1996 ON THE SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM RESOLUTION NO. R- 96 -76, A RESOLUTION fixing the time and place for hearing on a Six Year Transportation Improvement Program for the period of 1997 through 2002. *24. SET DATE OF PUBLIC HEARING FOR JULY 2, 1996 ON THE REZONE OF PROPERTY IN VICINITY OF 1105 AND 1109 EAST MEAD REQUESTED BY TERRY MORTON AND LYNN PARTON July 2, 1996 was set as the date of public hearing on the rezone of property in the vicinity of 1105 and 3.109 East Mead, requested by Terry Morton and Lynn Parton. *25. SET DATE OF PUBLIC MEETING FOR JULY 2, 1996 TO CONSIDER HEARING EXAMINER RECOMMENDATION FOR REZONE REQUESTED BY ALBERTSON'S July 2, 1996 was set as the date of public meeting to consider the Hearing Examiner's recommendation to approve the rezone requested by Albertson's Food Store for property in the vicinity of 40th Avenue and Tieton Drive. *26. SECOND READING OF ORDINANCE AMENDING THE 1996 BUDGET AND APPROPRIATING FUNDS FOR SPRAYFIELD FLOOD DAMAGE REPAIR An Ordinance amending the 1996 budget and appropriating funds for sprayfield flood damage repair, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 96 -42, AN ORDINANCE amending the 1996 budget for the City of Yakima; and making an appropriation of $750,000 in the Wastewater Facility Project Fund for expenditure during 1996 for Sprayfield Flood Damage Repair. *27. SECOND READING OF ORDINANCE AMENDING THE 1996 BUDGET AND I/ APPROPRIATING FUNDS TO PROVIDE PUBLIC SAFETY COMMUNICATIONS AND 911 CALLTAKING SERVICES An Ordinance amending the 1996 budget and appropriating funds for public safety communications and 911 Calltaking Services, previously having been read by title only, was brought before the Council for a second reading. 8 4 7 JUNE 4, 1996 ORDINANCE NO. 96- 43, -,AN. ORDINANCE,,amending the 1996 budget for the City of Yakima; and making an appropriation of $316,667 in the Public Safety Communications Fund for expenditure during 1996 to provide for public safety communications and 911 Calltaking Services. *28. FIRST READING OF ORDINANCE AMENDING THE 1996 BUDGET AND APPROPRIATING FUNDS FOR PROJECTS PAID FROM THE PBIA FUND An Ordinance amending the 1996 budget and appropriating funds for projects paid from the PBIA Fund, having been read by title was laid on the table for three weeks, until June 25, 1996. 29. OTHER BUSINESS Following a brief discussion about a request by, the.., Mayor of Selah during the Transit Committee Meeting, it was MOVED BY BEAUCHAMP, SECONDED BY BERGER, TO EXTEND TRANSIT SHUTTLE SERVICE TO SELAH FOR THE 1996 FOURTH OF JULY CELEBRATION AT THE CENTRAL WASHINGTON FAIR GROUNDS AS REQUESTED BY THE MAYOR OF SELAH FOR ONE DAY. Clarification of the motion indicated the resolution adopted earlier today would extend to this request; therefore, the fare would be on a donation basis. The motion carried by unanimous voice vote. There was continued discussion about the shuttle service and the possibility of discussions to extend the PTBA area. City Manager Zais pointed out that the Transit Drivers were donating their time for this service. A. DESIGNATION OF VOTING DELEGATES FOR AWC CONFERENCE City manager Zais commented that the City is allowed three voting delegates at the AWC Conference. It was MOVED BY BARNETT, SECONDED BY SIMS, TO APPOINT COUNCIL MEMBERS KLINGELE AND BERGER AS TWO OF THE THREE DELEGATES AND CITY MANAGER ZAIS AND ASSISTANT CITY MANAGER RICE TO BE THE THIRD DELEGATE AND ALTERNATE. The motion carried by unanimous voice vote. Council Member Barnett requested his material be put in his three -ring binder and he would be returning the briefcase. Information Items: Items of information provided to Council were: Notice of 1996 Corel Great Race Press Conference and Indy Racer Day; I/ Invitation to two Community Walk - Throughs in the southeast neighborhoods; Invitation to fifth anniversary celebration of Yakima Valley Memorial Hospital's Passport to Health Program; Letter from State of Washington Office of Financial Management regarding population determinations for cities, towns and counties. 5/23/96; Monthly Annexation Status Report for May 1996; Report from Office of Neighborhood Development for April 25 to May 29, 1996; Assignments Pending in Office of Environmental Planning as 9 4 8::. JUNE 4, 1996 of June 4, 1996; Agenda for June 6, 1996 Downtown Area Redevelopment Committee meeting; and Article from May 24, 1996 Seattle P.I., "City's Trees Sway in City Hall Wind." 30. EXECUTIVE SESSION REGARDING PENDING LITIGATION (DELGADO) It was MOVED BY SIMS, SECONDED BY BERGER, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION, PROPERTY DISPOSITION, AND PERSONNEL WITH IMMEDIATE ADJOURNMENT THEREAFTER TO JUNE 11, 1996 AT 7:00 PM AT THE YAKIMA CENTER FOR A SPECIAL JOINT CITY /COUNTY PUBLIC HEARING ON THE GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN. The motion carried by unanimous voice vote. 31. ADJOURNMENT TO JUNE 11, 1996 AT 7:00 PM AT THE YAKIMA CENTER FOR SPECIAL JOINT CITY /COUNTY PUBLIC HEARING FOR GMA COMPREHENSIVE PLAN Following the conclusion of the Executive Session, the meeting adjourned at 5:35 p.m. READ AND CERTIFIED ACCURATE BY: /( - y COUNCIL MEMB''' DATE - OUNCIL MEMBER DATE ATTEST: i CITY CLERK LYNN CHANAN, 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