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HomeMy WebLinkAbout03/16/1999 Business Meeting 423 CITY OF YAKIMA, WASHINGTON MARCH 16, 1999 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 John Puccinelli, presiding. Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, and Mary Place present on roll call. Council Member Bernard Sims was absent and excused. Assistant City Manager Rice, City Attorney Paolella, and Deputy City Clerk Skovald were also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE • An Invocation was given by Mayor Puccinelli, followed by the Pledge of Allegiance led by Council Member Klingele. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) • COMMUNITY DEVELOPMENT WEEK (MARCH 29 - APRIL 4) A proclamation was presented to Mr. Bill Cobabe, Neighborhood Development Services Manager, celebrating the Community Development Block Grant Program's 25 anniversary of providing resources to help low and moderate income people. Assistant City Manager Rice, on behalf of City Manager Zais, announced Doug Mayo was selected as the new Wastewater Manager. Council offered their congratulations. Council Member Barnett, on behalf of the Washington State World War II Committee, presented a plaque to the City of Yakima for its support of the War Memorial. 4. CONSENT AGENDA Mayor Puccinelli 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 Items Nos. 10 and 15 from the Consent Agenda. The Deputy City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY BUCHANAN, SECONDED BY KLINGELE, THAT THE CONSENT AGENDA, AS READ, 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.) 424 MARCH 16, 1999 *5. APPROVAL OF MINUTES OF THE FEBRUARY 16 AND MARCH 2, 1999 ADJOURNED MEETINGS AND MARCH 2, 1999 BUSINESS MEETING The minutes of the February 16 and March 2, 1999 Adjourned Meetings and March 2, 1999 Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION No one came forward for audience participation. 7. REPORT FROM POLICE DEPARTMENT REGARDING TRAFFIC EMPHASIS PROJECT Police Chief Blesio reported that criminal activity has decreased in the past four years allowing the Department to put more emphasis into traffic patrol. He noted there were over 3,000 traffic accidents last year resulting in 1,071 injuries and six fatalities. The Police Department will be putting a black and white unit on the streets assigned strictly to traffic duty. A preliminary film clip was presented which will be going out to the media and the public this month. The purpose of the film is to educate the public about the traffic emphasis patrol, encourage drivers to slow down, and obey the traffic laws. Particular areas of concern are speeding in school zones, running red lights /stop signs, ignoring the right -of -way for pedestrians in cross walks, and unsafe driving in general. 8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO CONTRACT WITH ACCESS PARATRANSIT (TABLED AT 3/2/99 MEETING - NEED MOTION TO REMOVE FROM TABLE) It was MOVED BY BEAUCHAMP, SECONDED BY KLINGELE, TO REMOVE THIS ITEM FROM THE TABLE. The motion carried by unanimous voice vote; Sims absent. Bill Schultz, Transit Manager, explained that this item was reviewed by the Transit Committee and their recommendation is to increase the rate Access Paratransit is paid to reflect recent increases in the minimum wage and to modify the escalation clause to utilize the blended CPI used in labor negotiations. Resolution No. R -99 -26 having been read by title only, it was MOVED BY KLINGLE, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Sims absent. RESOLUTION NO. R 99 - 26, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a " Modification No. 2 to Dial -A -Ride Transportation Service /Broker and /or Provider Agreement" with Access Paratransit, Inc. 2 425 MARCH 16, 1999 9. CONSIDERATION OF 1999 BUDGET POLICY ISSUE REGARDING ARTERIAL STREET FUNDS Shelley Willson, Streets and Traffic Operations Manager, explained that there is $20,000 in the proposed 1999 budget to implement a traffic calming program, but it was not authorized due to a 3 -3 Council vote during Budget Wrap -Up. An alternative use of these funds was offered; $10,000 for a pilot program for arterial streets, curbs, gutters, and sidewalks weed control, $4,000 for an arterial monitoring program, and $6,000 to remove traffic calming devices on Scenic Drive if necessary. In . response to a question from Council Member Barnett on whether the $4,000 would be adequate to accomplish the arterial monitoring program, Ms. Willson said this portion is to just gather the baseline data. Staffing needs will have to be looked at in the future to handle the Capacity Management Program. Council Member Beauchamp said he supports the idea but expressed concern about using funds earmarked for the traffic calming device program. It was MOVED BY KLINGELE, SECONDED BY PLACE, TO ALLOCATE $10,000 FOR THE ARTERIAL WEED PROGRAM, $4,000 FOR ARTERIAL TRAFFIC MONITORING, AND $6,000 TO REMOVE TRAFFIC CALMING DEVICES ON SCENIC DRIVE. The motion carried by 4 -2 voice vote, Beauchamp and Buchanan voting nay; Sims absent. For the sake of clarity, Council Member Place noted that this is for one year only. 10. CONSIDERATION OF •1998 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Phil Pleasant, 1202 South Fair Avenue, expressed his displeasure with the annual performance evaluation report stating it was confusing and misleading. Bill Cobabe, Neighborhood Development Manager, responded to Mr. Pleasant's comments. Because there seemed to still be some unanswered questions, Mr. Cobabe offered to meet with Mr. Pleasant outside of this meeting to discuss his concerns. It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO ACCEPT THE REPORT. The motion carried by a unanimous voice vote; Sims absent. *11. CONSIDERATION OF RESOLUTION ENDORSING THE EL MERCADO PROJECT RESOLUTION NO. R- 99 -27, A RESOLUTION endorsing and supporting the Washington Association of Minority Entrepreneurs, Inc., a locally based, private non - profit corporation; California Lutheran Homes, an established senior housing management firm; and Community Development Resources, Inc., an established 3 426 MARCH 16, 1999 developer, in their efforts to establish a low and moderate income housing project (" Mercado & Senior Housing project" ) within the Community Development Block Area of the City of Yakima. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE YAKIMA CENTER OPERATING CONTRACT RESOLUTION NO. R- 99 -28, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a " Yakima Center Management and Promotion Agreement" with the Yakima Valley Visitors and Convention Bureau for the operation and management of the Yakima Convention Center. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH NOVAEON FOR PROFESSIONAL SERVICES RESOLUTION NO. R- 99 -29, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement with Novaeon to provide services to Transit Division personnel regarding a paratransit eligibility certification process. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT WITH KITTELSON & ASSOCIATES FOR TRAFFIC ANALYSIS FOR THE RIVERSIDE MALL RESOLUTION NO. R- 99 -30, A RESOLUTION authorizing the City Manager to execute a contract extension with Kittelson Associates Engineering. 15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH HUIBREGTSE LOUMAN & ASSOCIATES FOR ENGINEERING SERVICES Council Member Place asked that this item be removed from the Consent Agenda so she could withdraw herself from consideration due to appearance of fairness issues. Resolution No. R- 99 -31, having been read by title only, it was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by 5 -0 voice vote; Place abstaining; Sims absent. RESOLUTION NO. R- 99 -31, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an engineering services agreement with Huibregtse, Louman Associates, Inc., regarding general engineering services during the interim period which will occur after the retirement of the current City Engineer until the hiring process to replace him is completed. 4 427 MARCH 16, 1999 *16. CONSIDERATION OF RESOLUTION AUTHORIZING WRITE -OFF OF CERTAIN UNCOLLECTABLE ACCOUNTS RESOLUTION NO. R- 99 -32, A RESOLUTION authorizing the write -off of certain uncollectable accounts receivable by the utility funds of the City of Yakima. *17. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF SEWER MAIN REIMBURSABLE AGREEMENTS WITH: A. ORCHARD RITE,• LTD. RESOLUTION NO. R- 99 -33, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Sewer Utility System Reimbursement Agreement and Conveyance between the City of Yakima and Orchard Rite LTD, Inc. B. MATTHEWS INVESTMENT RESOLUTION NO. R- 99 -34, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Sewer Utility System Reimbursement Agreement and Conveyance between the City of Yakima and Matthews Investments. *18. APPROVAL OF RIGHT -OF -WAY USE PERMIT REQUESTED BY YAKIMA VALLEY CREDIT UNION FOR NEW SIGN AT 507 SOUTH 5 AVENUE The Right -of -Way Use Permit to replace an existing sign at 507 South 5th Avenue, requested by Yakima Valley Credit Union, was approved. *19. ACCEPT QUARTERLY REPORTS FROM COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS AND NEIGHBORHOOD IMPROVEMENT PROGRAMS STATUS REPORTS The 4th Quarter 1998 reports from Yakima County Coalition for the Homeless, Washington Association Minority Entrepreneurs, Caring, Yakima Valley Partners /Habitat for Humanity, South East neighborhood Improvements Committee (S.E.N.I.C.), and Youth Leadership Institute (closed November 30, 1998) were accepted. *20. APPROVE JANUARY 1999 REVENUE AND EXPENDITURE (BUDGET) REPORT The January 1999 'Revenue and Expenditure (budget) report was approved. 5 428 MARCH 16, 1999 *21. SET DATE OF PUBLIC HEARING FOR APRIL 6, 1999 TO CONSIDER 108 LOAN APPLICATION FOR THE GREAT WESTERN BUILDING REDEVELOPMENT PROJECT April 6, 1999 was set as the date of public hearing for citizen participation required for an application being made by the City to the United States Department of Housing and Urban Development, Section 108 loan program, for the Great Western Building Redevelopment Project. 22. CONSIDERATION OF ORDINANCE AMENDING CODE ENFORCEMENT PROCEDURES AND ESTABLISHING A COMMUNITY REVIEW BOARD Leonard Hall, Code Administration Manager, asked for comments from the Council concerning code enforcement procedures included in the draft ordinance. Members of the council raised several questions, requested clarification, and indicated their preferences concerning the following issues summarized below. Council Member Barnett recognized the excellent job the Code Enforcement Committee did on the violation abatement process layout included in the Code Enforcement Committee Report from the March 2, 1999 Study Session. He pointed out, however, that the draft ordinance does not reflect the same abatement process outlined in that report; it eliminates the Appeal to Hearing Examiner. Also in the report the Code Enforcement Committee recommends a seven - member community Review Board be established, but the proposed ordinance only calls for five members. He suggested that the draft ordinance go back to the Code Enforcement Committee to ascertain whether those changes would meet their objectives. Council Member Barnett then directed attention to page 8 of 21, lines 173 -176 of the proposed ordinance. He asked if a building is vacant for six months, would it be in conflict with the non- conforming structures provisions within the Urban Area zoning Ordinance (UAZO) and whether the six months' vacancy timeframe would be adequate for insurance claim settlement purposes. Further, on page 9 of 21 of the draft ordinance, Council Member Barnett requested a provision be included allowing an extension of time to fulfill the voluntary compliance agreement. He feels an extension is necessary if a person is unable to appear due to some extenuating circumstances, i.e., a death in the family or some other valid emergency. There was debate among Council members about whether such a provision is necessary. 6 429 MARCH 16, 1999 Council Member Barnett indicated that the City should take care of weed abatement on its property, including alleyways, street curb planting strips, and other city right -of -ways. He also requested that a list of resources available for abatement assistance be included in the Good Neighbor Handbook. Council Member Klingele requested that noxious weeds identified by the state programs be listed in the weed hazard section of the proposed ordinance. Council Member Place noted that there is a reference to repeat violations being anything within a two -year period, yet it references keeping records for only one year. She recommends those records be kept for two years to help identify. repeat violations, and she also noted that the existing provision needs to be modified accordingly. Following extensive discussion among Council members and staff, it was the general consensus of the Council to send the draft ordinance back to the Citizens Code Enforcement Committee for additional review and further recommendation. Jerry Henderson, 309 North 35 Avenue, and a member of the Citizens Code Enforcement Committee, spoke in favor of establishing a seven- member Review Board and the additional level of appeal to the Hearing Examiner in the proposed abatement process. 23. CONSIDERATION OF ORDINANCE AMENDING THE 1999 FEE SCHEDULE FOR LAND DEVELOPMENT Council member Barnett requested clarification of the new fee of $500 proposed for Comprehensive Plan Amendments. He explained that it was his understanding that amendments to the Comprehensive Plan would be included as part of the annual GMA review process. Joan Davenport, Supervising Associate Planner, explained that the fee will be for amendments to the Future Land Use Map. Typically changes to the Future Land Use Map consist of either a boundary adjustment or a change in land use designation. Ms. Davenport also noted that a change in land use, initiated by a rezone application and determined to not be consistent with the Comprehensive Plan, is categorized differently than the legislative amendments passed by Council last winter. Those changes were part of the Comprehensive Plan implementation phase of the GMA process. Don Skone, Planning Manager, further explained that the proposed fee is for the extensive rezone application review process necessary when a change has to be made to the Future Land Use Map. This additional level of review creates a second step in 430 MARCH 16, 1999 the standard rezone process that typically just changes the Urban Area Zoning Map. Mr. Skone also pointed out that no fee is recommended for policy amendments to the Comprehensive Plan. Ordinance No. 99 -13 having been read by title only, it was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. It was MOVED BY BARNETT, SECONDED BY KLINGELE, TO AMEND THE PORTION OF THE FEE SCHEDULE THAT READS "NEW COMPREHENSIVE PLAN AMENDMENTS" TO " NEW COMPREHENSIVE PLAN MAP AMENDMENTS" . The motion carried by unanimous voice vote; Sims absent. The question was called for a. vote on the motion as amended. The motion carried by unanimous roll call vote; Sims absent. ORDINANCE NO. 99 -13, AN ORDINANCE relating to zoning and land use; amending existing land development fees and adding a new fee for Administrative Adjustments of certain Class 1 and 2 uses; and amending Section 15.26.O10B of the City of Yakima Municipal Code. *24. CONSIDERATION OF ORDINANCE PROHIBITING SHOPPING CART THEFT, ABANDONING REFRIGERATION EQUIPMENT AND UNSAFE USE OF LASER POINTERS ORDINANCE NO. 99 -14, AN ORDINANCE relating to public safety and morals; prohibiting shopping cart theft, abandoning refrigeration equipment, and unsafe use of laser pointers, and adopting as new sections, sections 6.04.030, 6.56.130, and 6.68.200 all of the City of Yakima Municipal Code. 25. OTHER BUSINESS Assistant Manager Rice distributed an amendment to the Professional Agreement with Kittleson Associates, Inc.; Item 14. Information Items: Items of information provided to Council were: News Release regarding Start of the 1999 Irrigation Season. 3/12/99; News Release regarding traffic restriction and road closures for week of March 14 - March 20; Monthly Street and Traffic Operations Reports for February 1999; City of Yakima Planning Division Assignments Pending as of March 16, 1999; Confluence newsletter from State Department of Ecology. Winter 1998/1999; Yakima Valley Conference of Governments Newsletter. March 1999; Agenda for March 15, 1999 YVCOG Executive Committee Meeting and minutes of its February 16, 1999 meeting; Agenda for March 17, 1999 YVCOG General Membership Meeting and minutes of its February 20, 1999 meeting; Tri -Party Agreement Request for Public Comment re: Proposed Changes to the Hanford Site High -Level Radioactive Waste Tank interim Stabilization Program. March 3 - May 3, 1999; and Tri -Party Agreement Hanford Update. February 1999 8 431 MARCH 16, 1999 26.. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING AND PROSPECTIVE LITIGATION It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS COLLECTIVE BARGAINING AND PROSPECTIVE LITIGATION, WITH IMMEDIATE ADJOURNEMNT THEREAFTER TO APRIL 6, 1999, AT 7:30 A.M., AT THE POLICE STATION /LEGAL CENTER, 2 r1D FLOOR TRAINING ROOM FOR A STUDY SESSION. The motion carried by unanimous voice vote; Sims absent. 27.. ADJOURNMENT TO APRIL 6 1999, AT 7:30 A.M., AT THE. POLICE STATION /LEGAL CENTER, 2 FLOOR TRAINING ROOM FOR A STUDY SESSION REGARDING FLUORIDATION Following the conclusion of the Executive Session, the meeting adjourned at 3:45 p.m. READ AND CERTIFIED ACCURATE BY: � ` ,. _ ___ j i' O 1 CIL MEMBER DATE fqf CIJ'CIL MEMBER / DATE ATTEST: (-)T - DEMJTY CITY CLERK /27 JOHN PUCCINELLI, MAYOR An audio andyideo tape of this meeting are available in the City Clerk's Office. Minutes prepared by Deputy Clerk Skovald. 9