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.)
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*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.
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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
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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.
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*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.
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*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.
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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
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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
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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.
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