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HomeMy WebLinkAbout07/16/1996 Business Meeting g0 CITY OF YAKIMA, WASHINGTON JULY 16, 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, and John Puccinelli present on roll call. Council Member Bernard Sims absent and excused. 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 Puccinelli. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) None. 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. He announced that Items Nos. 11 and 20 were removed from the Agenda. 'It was the general consensus of the Council to remove Item No. 14 from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY BEAUCHAMP, SECONDED BY PUCCINELLI,'THAT THE CONSENT AGENDA, AS AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote; Sims absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. PUBLIC HEARING ON APPEAL FILED, BY YAKIMA COUNTY AND AIKENS REGARDING SEPA DESIGNATION ON MERCY PROJECT ' (CONTINUED FROM JUNE 25, 1996) Mayor Buchanan announced that this hearing had been canceled. 6. PUBLIC HEARING TO CONSIDER SOUTH SCENIC ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY) This being the time set for the public hearing, Bruce Benson, Associate Planner, provided background information and described the proposed annexation area which has an assessed valuation of $5,935,000 and is approximately 22 acres in size. He urged Council to approve the ordinance annexing the property into the City of Yakima. Council Member Klingele pointed out that this area is the extreme westerly boundary of the old Fruitvale Fire District. • • 9.1 JULY 16, 1996 Mayor Buchanan opened the .public hearing and invited testimony from the.;'public There; being no one wishing to comment, he closed the'public hearing. Ordinance No. 96 -48 having been read by title only, it was MOVED BY KLINGELE, SECONDED BY BERGER, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Sims absent. ORDINANCE NO. 96 -48, AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective September 1, 1996. (South Scenic Annexation) , 7. AUDIENCE PARTICIPATION Lee Clark, Bill and Macile Cowman, and Marie Bergerson protested Council action on changes to land use maps, particularly, Request #14, made during the special meeting held this morning. 8. REPORT ON TRAFFIC CALMING DEVICES AND PENDING STUDIES Shelley Willson, Supervising Traffic Engineer, reported vehicle speeds have decreased in the Scenic Drive area and the Logan Avenue and Viola Avenue area since traffic calming devices were installed on sections of those streets over a year ago. She referenced the exhibits included in the staff report which indicate the effectiveness of the traffic calming devices. Ms. Willson requested Council direction to proceed with the engineering study for other areas to determine speeding problems and prioritize the list of projects. Council Member Barnett pointed out the prioritized projects would be subject to the availability of funding which should be considered ,during the budget process. Ms. Willson also res Onded'tor p questions from the Council and indicated the Seminole and Watts devices are not known for diverting traffic and pointed out the need for public education concerning the proper use- of traffic control devices, such as the stop sign and speed limit signs. There was a considerable amount of discussion and comments among the Council members concerning implementation of a Neighborhood Traffic Calming Program, including the possibility of photo radar equipment. Council Member Puccinelli feels traffic calming devices punishes people who live in the neighborhood. He feels the laws on the books should be enforced and the photo radar equipment should be considered. Council Member Berger recommended Council not approve the installation of additional speed bumps. He feels funding proposed for speed humps should go to fixing potholes instead. Council Member Beauchamp pointed out that these devices have shown some results to enhance public safety, particularly important when the police cannot patrol all these areas. Mayor Buchanan pointed out the proven success of traffic calming devices utilized in other. areas.... Don Whitworth, who lives in Tancara, reported there was a dramatic increase in cut - .through traffic when.53rd.Avenue was put through to Nob Hill.' High speed traffic in excess of 2 92 JULY 16, 1996 50 mph and increased occurrences of drive -by vandalism have also been experienced by residents on 53rd Avenue. Robert Hall, a resident who lives by West Mead and King Street, spoke in favor of speed humps in residential areas. He reported occurrences of cars going through front yards and vandalism on his six block long street. He` complained of cut through traffic. He submitted a letter to the Council from his neighborhood, expressing concern for the safety of children in the neighborhood. Rosemary Small, 25th Avenue, spoke in favor of speed humps because the calming devices really work. She feels they are needed on Bonnie Doone and also on the Eastside to control traffic. Karen Barker, Tancara resident, expressed concern for children's safety in her neighborhood. She feels there has been increased incidents of speeding since the street was put all the way through. Jerry Henderson urged people to write down the license plate numbers of speeders and report them to the Police Department and then follow through with signed affidavits Jaine Richardson, 5401 West Arlington, spoke in favor of speed humps because she feels it would not only reduce the number of occurrences of speeding traffic, but would decrease the incidents of vandalism. Betty Gaudette, 701 North 6th Street, resented having to spend money on speed humps and the fact that the streets need to be fixed and stripes painted. She feels those who break the law should be made to pay. Sheridan Folsom, 1409 South 29th Avenue, former 10th Avenue resident stated the speed humps installed between Mead and Nob Hill Boulevard got the desired results -- traffic slowed down. It was MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO AUTHORIZE STAFF TO PROCEED WITH THE NEIGHBORHOOD TRAFFIC STUDY AND THE DETERMINATION OF PROJECT PRIORITIES. Ms. Willson indicated a report will be brought back to Council, hopefully, on August 6th addressing the photo radar issue. David Hussell, Street and Traffic Operations Manager, explained the funding issue will come back as a proposed Council policy issue. Council Member Puccinelli commented that the cost to do the 34 streets would be over $2 million. Ms. Willson explained the concept of matching funds with an LID. She also pointed out that the prominent concerns with the majority of citizens are speeding and parking. The question was called for a vote on the motion. The motion carried by unanimous voice 5 -1 voice vote; Berger voting 'nay; Sims absent. 3 JULY 16, 1996 *9. REPORT ON STATUS OF SOUTHEAST AREA CLEAN -UP PROJECT The report on the status of the Southeast area targeted clean -up project was accepted. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE WORKERS' COMPENSATION THIRD PARTY ADMINISTRATORS AGREEMENT WITH SCOTT WETZEL SERVICES, INC. RESOLUTION NO. R- 96 -89,' A RESOLUTION authorizing the City Manager and City Clerk of. the City of Yakima to execute an amendment to the Workers' Compensation Third Party Administrators Agreement with Scott Wetzel Services, Inc. for workers' compensation services for the years 1996 and a portion of 1997. 11. CONSIDERATION OF RESOLUTION ESTABLISHING MINIMUM CONTENT REQUIREMENTS FOR SITE PLANS AND REQUIRING SITE PLANS TO BE PROFESSIONALLY PREPARED This item was removed from the agenda. *12. SET DATE OF PUBLIC MEETING FOR AUGUST 6, 1996 FOR DEP PROPERTIES; REZONE AND LONG PLAT, LOCATED IN VICINITY OF 40TH AVENUE AND KERN WAY August 6, 1996 was set as the date of public meeting to consider the recommendation by the Hearing Examiner for a rezone of property and,. eleven lot subdivision in the vicinity of North 40tY :Avenue aid Kern Road, requested by DEP Properties. 13. CONSIDERATION OF ORDINANCE CALLING FOR A SPECIAL ELECTION IN CONJUNCTION WITH THE GENERAL ELECTION FOR A VOTER - APPROVED BOND FOR STREET IMPROVEMENTS Dave Hussell, Streets & Traffic Operations Manager, referred to the proposed ordinance for a proposition for a 1996 Street Bond issue for $25.2 million. He explained this is a significant increase over the $9.84 million 1994 bond due to the very significant maintenance problem for the streets. Mr. Hussell reported that the street capacity issues from the Transportation Element of the Draft Comprehensive Plan are separate from these maintenance issues. He urged the Council to submit the proposition to the voters. Council Member Puccinelli directed attention to the DARC request that a project be included to straighten the curbs on 2nd Street and Yakima Avenue which would alleviate some problems. The proposal would also take out planters which would add more parking and allow for left turn lanes. John Hanson, Director of Finance & Budget, explained the estimated amount of taxes the Street Bond proposal would add to a ,property owner would be about 25 cents for a total of about 69 to 70 cents per $1,000 assessed valuation. He explained 1995 assessments increased from $3.61 to $4.30 and 4 9,4 JULY 16, 1996 explained the property tax proportionment of taxes to operating costs. Joy Kelleigh, 1206 Brown Avenue, opposed any increase because she is afraid of not being able to stay in her house because the taxes are too high. City Manager Zais explained there is a state property tax relief measure with the tax rates clearly limited by restrictions. He also explained that the school levy and bond issues have increased local taxes. There was discussion among Council members about the Capital Facilities Plan as it relates to unfunded priorities and whether the proposed 2nd Street and Yakima Avenue project should be included in the Street. Bond and prioritized in the Six Year Transportation Improvement Plan (TIP). Fred French, City Engineer, explained a number of modifications would be needed if the 2nd Street and Yakima Avenue proposal was added as a project. Larry Mathews, 805 South 17th Avenue, urged the Council to submit the request to the voters and compared this to one held years ago. It was moved by PUCCINELLI, SECONDED BY BEAUCHAMP, THAT IF THE BOND PASSES AND THE FUNDS ARE AVAILABLE THEN THE 2ND STREET /YAKIMA AVENUE PROJECT BE INCLUDED. The motion carried by 5 -1 voice vote; Barnett voting nay; Sims absent. Ordinance No. 96 -49 was read by title and it was MOVED BY KLINGELE, SECONDED BY BEAUCHAMP, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Sims absent. ORDINANCE NO. 96 -49, AN ORDINANCE of the City of Yakima, Washington, providing for the submission to the qualified electors of the City at a special election to be held therein on November 5, 1996 of the proposition of whether or not the City should issue its general obligation bonds in the aggregate principal amount of $25,200,000, for the purpose of making certain improvements to City streets. 14. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO ENFORCEMENT OF PLANTING STRIP PARKING VIOLATIONS • There was a considerable amount of discussion among Council Members and staff concerning this proposed Council policy decision. Brought out in that discussion were the impractical enforcement problems that could be created for police officers and the undue burden that could be placed on private property owners. Various situations associated with parking strip violations that are likely to occur were discussed, such as identifying property lines where no sidewalk has been constructed. Bev Luby Bartz referenced sections of the Municipal Code pertaining to planting strip violations and enforcement and urged the Council to pass the ordinance. If the law isn't changed, she suggested exempting certain areas and enforcing the law where there is a problem. 5 95 JULY 16, 1996 Betty Gaudette feels . this issue, is a matter of parking versus sidewalk safety and' pedestrians=; ;'shouldn't be forced to walk in the street. Don Videgar urged Council to address this issue to avoid further abuse and deterioration of the planting strips. Rosemary Small questioned the legality of mailboxes being allowed in the right of way. She pointed out that cars can't park in front of the mailboxes, which may be one reason for parking on the planting strip. City Attorney Paolella explained that federal law preempts local law in many instances such as this one. Susan Woodard, City Prosecutor, referenced the proposed ordinance which would amend the Washington Model Traffic Ordinance. She explained the existing law which says that no person may park on a sidewalk or street planting strip. It was MOVED BY KLINGELE, SECONDED BY BEAUCHAMP, TO REFER THE ISSUE BACK TO STAFF. After continued discussion and comments among Council, staff, and citizens, the question was called for a vote on the motion. The motion carried by a 5 -1 voice vote; Buchanan voting nay; Sims absent. Betty Gaudette explained that mail for established route areas cannot be assigned to post office boxes. Council Member Barnett questioned the Postmaster giving permission to place mailboxes in City right of way. *15. CONSIDERATION OF LEGISLATION RELATING TO IAFF LABOR CONTRACT: A. RESOLUTION AUTHORIZING EXECUTION OF LABOR CONTRACTS FOR FIRE LEOFF AND FIRE PERS EMPLOYEES FOR 1996 -1998 RESOLUTION NO. R- 96 - 90, A RESOLUTION authorizing and directing the City ■anager. City Clerk of Yakima to execute collective bargaining agreements for calendar years 1996, 1997 and 1998 with the International Association of Firefighters (Fire LEOFF and Fire PERS), AFL -CIO. B. ORDINANCE AMENDING CLASSIFICATION AND COMPENSATION PLAN ORDINANCE NO. 96 -50, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective January 1, 1996; amending Subsections 2.20.110 A, Subsection 2.20.110 K, all of the City of Yakima Municipal Code, and declaring an emergency. C. FIRST READING OF ORDINANCE AMENDING THE 1996 GENERAL FUND AND EMERGENCY SERVICES FUND AND APPROPRIATING FUNDS FOR LABOR SETTLEMENT COSTS (NO ACTION REQUIRED THIS MEETING) An Ordinance amending the 1996 General Fund and. General Services Fund and appropriating funds for Labor Settlement costs, having been read by title only, was laid on the table for three weeks, until August 6, 1996. 6 96 JULY 16, 1996 *16. CONSIDERATION OF ORDINANCE APPROVING THE REZONE OF PROPERTY IN THE. VICINITY OF 40TH AVENUE AND TIETON DRIVE, REQUESTED BY ALBERTSON'S FOOD STORE ORDINANCE NO. 96 -51, AN ORDINANCE rezoning a 1.299 acre parcel located in the vicinity of 3901 Tieton Drive in Yakima, Washington, from Two - Family Residential (R -2) to Small Convenience Center (SCC) and amending the zoning map of the Yakima Urban Area accordingly. *17. CONSIDERATION OF ORDINANCE APPROVING THE REZONE OF PROPERTY IN THE VICINITY OF 5104 W. NOB HILL BLVD REQUESTED BY RON KNIGHT AND RON COLEMAN ORDINANCE NO. 96 -52, AN ORDINANCE rezoning 5.69 acres located in the vicinity of 5104 West Nob Hill Boulevard from Suburban Residential (SR) to Multi - Family Residential (R -3) and amending the zoning map of the Yakima Urban Area accordingly. *18. CONSIDERATION OF ORDINANCE APPROVING THE REZONE OF PROPERTY IN THE VICINITY OF FIRE STATION NO. 5 AT 807 E. NOB HILL BOULEVARD, REQUESTED BY CITY OF YAKIMA FIRE DEPARTMENT ORDINANCE NO. 9- 96 -53, AN ORDINANCE rezoning approximately 3.2 acres comprised of eleven parcels located in the vicinity of City of Yakima Fire Station No. 5 at 807 East Nob Hill Boulevard in Yakima, Washington, from Two - Family Residential (R -2) to Central Business District Support (CBDS) and amending the zoning map of the Yakima Urban Area accordingly. *19. CONSIDERATION OF ORDINANCE APPROVING THE REZONE OF PROPERTY IN THE VICINITY OF 1105 - 1109 EAST MEAD AVENUE, REQUESTED BY TERRY MORTON AND LYNN PARTON ORDINANCE NO. 96 -54, AN ORDINANCE rezoning three parcels located on the north side of East Mead Avenue specifically addressed 1105, 1107 and 1109 East Mead Avenue, Yakima, Washington, from Two - Family Residential (R -2) to Light Industrial (M -1) and amending the zoning map of the Yakima Urban Area accordingly. 20. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE FOR SHORT PLATS This item was removed from the agenda. 21. OTHER BUSINESS Discussion ensued regarding who has authority to appoint an alternate to the Clean Air Board. After an explanation given by the City Attorney, Council Member Berger was appointed as alternate for Mayor Buchanan. There was discussion about leases at the Airport. It was the consensus of the Council to direct staff to schedule a meeting with the County Commissioners to discuss Airport lease procedures. 7 JULY 16, 1996 9.7 It was MOVED BY BEAUCHAMP, SECONDED BY KLINGELE, TO APPROVE THE ATTENDANCE BY '-,6NEtl MEMBERy TO- THE NLC CONFERENCE IN DECEMBER. The motion carried by 'unanimous voice vote; Sims absent. Don Videgar requested a map change to the GMA Future Land Use Map for a designation of low density residential in the Northeast area. After he explained the motivating factors of this request, it was MOVED BY BERGER, SECONDED BY KLINGELE, TO ACCEPT THE CHANGE AND THE MAP WITH THE EXCEPTION OF THE "HOLBROOK" BLOCK. The motion carried by unanimous voice vote; Barnett abstaining; Sims absent. Information Items: Items of information provided to Council were: Letter from Washington Utilities and Transportation Commission regarding Application of Yakima Waste Systems, Inc. 7/9/96; News regarding Water Main Flushing Schedule. 7/12/96; News Release regarding Fruitvale Power Canal Repairs. 7/10/96; Meeting Notice for July 25, 1996 Transportation Improvement Board meeting; Letter from Connie Little comparing previous County services with current City services. 6/28/96; Agenda for the July 11, 1996 Hearing Examiner Agenda; Certificate of Achievement presented to Nancy Danko for completing the National Fire Academy course on Fire Inspection Principles; Office of Neighborhood Development Monthly Report; May 30 to June 26, 1996; Monthly Annexation Report for June 1996; and Assignments Pending in Office of Environmental Planning as of July 16, 1996. 22. EXECUTIVE SESSION REGARDING PENDING LITIGATION (UNION GAP /TERRACE HEIGHTS BILLING DISPUTE AND ACQUAVELLA) It was MOVED BY PUCCINELLI, SECONDED BY BERGER, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO JULY 23, 1996 AT 8:00 AM AT THE YAKIMA CENTER BOARDROOM FOR A GMA WORKSHOP SESSION. The motion carried by unanimous voice vote; Sims absent. 23. ADJOURNMENT TO JULY 23, 1996, 8:00 AM -9:30 AM, AT THE YAKIMA CENTER BOARD ROOM FOR GMA WORK SESSION FOR CITY COUNCIL Following the conclusion of the Executive Session, the meeting adjourned at 5:10 p.m. READ AND CERTIFIED ACCURATE BY: `.E ..- 7, OUNCIL MEMBER, DATE VV414 II C�0 MEMBER V ATT ST: CITY CLERK �YNN 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 8