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HomeMy WebLinkAbout08/03/1999 Business Meeting 56 CITY OF YAKIMA, WASHINGTON AUGUST 3, 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, Lynn Buchanan, John Klingele, and Mary Place were present on roll call. Council Members Henry Beauchamp and Bernard Sims were absent and excused. City Manager Zais, City Attorney Paolella, and City Clerk Roberts 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) • NATIONAL NIGHT OUT Mary Henderson accepted the proclamation from Mayor Puccinelli proclaiming August 2, 1999 as the 16 Annual National Night Out, a crime and drug prevention event. Item 23A, an item relating to transferring ownership of the cable TV company., was added to the agenda for consideration and then placed on the Consent Agenda. Fire Chief Gillespie provided a brief update on the St. Joseph Church fire that occurred last Friday, July 30, 1999. He reported that no one was hurt, but after surveying the site, there was extensive damage to the Chapel. Damage to the Rectory was not as severe and a lot of the records were spared. Chief Gillespie also reported that during this fire the Rapid Intervention Team was implemented. 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 Item No. 21 and to add Item No. 23A to the Consent Agenda. The 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 AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp and Sims 57 AUGUST 3, 1999 absent. (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 JUNE 29 AND JULY 12, 1999 JOINT CITY /COUNTY BUSINESS MEETINGS AND JULY 20, 1999 ADJOURNED AND BUSINESS MEETINGS The minutes of the June 29 and July 12, 1999 Joint City /County Business meetings and July 20, 1999 Adjourned and 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. PRESENTATION OF YAKIMA FIRE DEPARTMENT "SAFE KIDS" VIDEO ,Fire Chief Al Gillespie introduced a Safe Kids video presentation. The event came about several months ago when the Yakima Safe Kids Coalition approached two of its members, Jeff Prizant, an EMS paramedic with ALS Ambulance, and Jay Elmo, a City of Yakima Firefighter, about the possibility of them producing a public service announcement (PSA) song for Safety Saturday. Safety Saturday is an annual event designed to promote safe acts for children. Safe Kids is a national organization with its major sponsor being Johnson & Johnson. The PSA was finished shortly before Safety Saturday and a copy of the song was sent to Johnson & Johnson. After hearing the song, Johnson & Johnson decided to send a video crew to Safety Saturday and tape a live performance of the video. The compact disk of the song and the videotape of the performance were sent to the national Safe Kids office and might result in a live performance in Washington D.C. Jeff Prizant wrote the first song and both Jay Elmo and he wrote seven subsequent songs. These two writers have spent considerable time writing songs and music for this project. Johnson & Johnson liked the idea that both of these writers are in the public safety field, and the theme for all the songs on the CD is child safety. 7. CONTINUATION OF PUBLIC MEETING TO CONSIDER APPEAL FILED BY LORI FRYMIER OF THE HEARING EXAMINER DECISION REGARDING A NOTICE OF NON - COMPLIANCE CONCERNING 3310 W. NOB HILL BOULEVARD, RAINFORD'S LUBE & OIL (CONTINUED FROM JULY 20, 1999 PLEASE BRING MATERIAL PREVIOUSLY PROVIDED) This being the time set for the public meeting, Don Skone, Planning Manager, provided some background information about this appeal that began on July 20, 1999. The appeal was continued to today, August 3, 1999. In the meantime the appellant, Lori Frymier, and the property owner of Rainford's Lube & Oil, Harry Rainford, have come to a tentative agreement on the issues of the appeal. Ms. Frymier requested that the public meeting be further continued until November 2, 1999, in 2 58 AUGUST 3, 1999 order to determine if the tentative agreement will be satisfactory to both parties. The hours of operation for Rainford's Lube & Oil at the Nob Hill location will be 8:00 a.m. to 7:00 p.m., Monday through Friday; 8:00 a.m. to 6:00 p.m. on Saturday, and 10:00 a.m. to 4:00 p.m. on Sunday. The carwash will be closed between 10:00 p.m. and 7:00 a.m. A lockout has been installed on the dryer blowers to prevent operation of the carwash beyond the agreed upon hours of operation, 9:00 a.m. to 10:00 p.m. It was MOVED BY PLACE, SECONDED BY KLINGELE, TO POSTPONE THIS UNTIL THE FIRST MEETING IN NOVEMBER 1999. The motion carried by unanimous voice vote; Beauchamp and Sims absent. 8. AUDIENCE PARTICIPATION No one came forward to discuss any issues. 9. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM Jack Lovell, Supervising Codes Inspector, reported that there is one property on the list which needs to be cleared, located at 208 South 17 Avenue. There being no citizen present wishing to speak to the issue, and Resolution No. R -99 -96 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY KLINGELE, TO ADOPT THE RESOLUTION. RESOLUTION NO. R- 99 -96, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 10. CONSIDERATION OF REQUEST TO REMOVE ARBORVITAE TREES LOCATED IN CITY RIGHT -OF -WAY ON NORTH 58 AVENUE Since she lives in the neighborhood and planned to comment about the request, Council' Member Place excused herself from participation in this discussion due to appearance of fairness issues. Chris Waarvick, Public Works Director, provided some background information about the sight distance requirement imposed by Yakima County as a condition to final plat approval for the "Ridge at Scenic Drive" subdivision. He also outlined some basic facts about the request for the City to oversee the removal of a portion of a row of arborvitae trees. They are growing in the City's right -of -way within the 290 -foot sight line distance on the east side of North 58 Avenue. Mr. Waarvick reported that there seems to be some confusion in the neighborhood about the authenticity of the survey. He noted that he has no reason to believe that it is or isn't accurate since it was done by a professional architectural firm. He asked for Council direction as far as approving his authority to 3 59 AUGUST 3, 1999 manage the removal of those trees. Mayor Puccinelli asked several questions and there was discussion about the location of the trees, the potential traffic safety issues, the lack of authority that the City has over a private road, and whether any stop signs would be placed within the development. There was also discussion about an offer from the developer, Al DeAtley, to pay for the removal of the trees if Mr. Waarvick is given the approval and verification authority. There was also discussion about how it relates to the plat approval condition since the City of Yakima does not have jurisdiction for final plat approval for this subdivision. Mr. Blaine. Gibson, representing Polly Sargent, owner of the property where' the arborvitae exists, adamantly opposed the removal of the trees. He urged the Council to deny the request and require the developer to relocate the entrance and exit elsewhere in the development where adequate sight distance is available. To argue his point Mr. Gibson referred to a letter from Mr. Lagergren with the Washington State Department of Transportation (WSDOT) that indicates the sight distance may only be very close to the 290 feet required. He provided copies of the letter to the Council. If the Council should decide to approve the request, then he urged that Public Works Director Waarvick oversee the project at the developer's expense. Mr. Gibson also noted. that his client has never trusted the survey work of the developer and would prefer to have the property resurveyed by an independent surveyor. • Polly Sargent, 5709 Marilane, urged the Council to deny the request to remove the arborvitae. She explained her reasoning is that removing the trees wouldn't make any difference because the lay of the land prevents anyone from seeing around the corner. James Carmody, representing Mr. DeAtley, the developer, stated that a stop sign would be placed at the exit to the development. He also noted that they agree that the Public Works Director should coordinate the activities of the project and verify the location of the sight distance. If a second, independent verification is necessary, Mr. Carmody stated they would be agreeable. He provided some background information about the preliminary plat approval process in Yakima County and indicated that the private drive in the development was designed in accordance with Yakima County standards. He pointed out that the recommendation to remove the trees in the curve came from the City of Yakima via the Traffic Engineering Division and the Washington State Department of Transportation ( WSDOT). Mr. Carmody pointed out that the developer agreed to provide the 290 -foot sight distance confirmation in reliance on that recommendation, and he urged the City to abide by that recommendation. Directing attention to why the trees should be 4 60 AUGUST 3, 1999 removed, Mr. Carmody argued that removal would provide a better sight distance coming from North 58 Marilane to the west; removal would improve the sight distance from Polly Sargent's driveway, removal would enhance and make safer the entrance to the development, and removal of the arborvitae would improve the sight distance at the North 58 Avenue and Marilane intersection to the east. Mr. Carmody concluded his argument by urging the Council to accept Mr. Waarvick's recommendation. Karen Kerns, 5605 Marilane, explained that the angle of the berm hides the arborvitae; they cannot be seen from that angle, let alone block the clear view. Mary Place, 5710 Marilane, speaking as a neighbor, proposed that the developer and the property owner get together to come to an agreement. She also testified that she couldn't see the arborvitae because there is a dirt berm, which is at a 16 to 17 percent grade. Al DeAtley, 8710 Hawthorne, stated that he has tried to work with this issue, but has been unsuccessful, and he feels it would be a waste of time to continue. He stated that the Council is compelled to uphold the request to have the trees removed because City staff made comment that potentially there could be a problem with the arborvitae on 58 Avenue. Mr. Carmody and Mr. Gibson both agreed to meet to discuss a solution, although they are pessimistic about the results. There was further discussion among Council Members, staff, and the parties to explore options to resolve the dispute. It was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO DELAY THIS FOR TWO WEEKS SO THE TWO PARTIES COULD MEET AND TRY TO RESOLVE THIS ISSUE. The motion carried by unanimous voice vote; Beauchamp, Place, and Sims absent. Discussion continued about the disagreement with the survey, whose property the trees are growing on, and the sight distance being affected by the lay of the land. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AMENDMENT WITH GOLDER ASSOCIATES FOR PROFESSIONAL SERVICES RELATING TO THE WRIGHT AVENUE WELL AND DEVELOPMENT OF AN AQUIFER STORAGE AND RECOVERY PILOT TEST PROGRAM RESOLUTION NO. R 99 - 97, A RESOLUTION authorizing amendment to an existing contract with Golder Associates, Inc. Amended contract will further provide for documentation in support of an application to transfer existing water rights to a replacement well for the Wright Avenue Well; and for the development of an Aquifer Storage and Recovery (ASR) Pilot Test program. 5 61 AUGUST 3, 1999 *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT WITH BUREAU OF RECLAMATION FOR MAINTENANCE OF FISH SCREENS RESOLUTION NO. R- 99 -98, A RESOLUTION authorizing the execution of a "Supplemental Agreement for Operation and Maintenance Service on Yakima River Basin Fish Passage and Protective Facilities," with the United States Department of Interior, Bureau of Reclamation. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CHARRON COMPANY, INC. FOR BENEFICIAL UTILIZATION OF WASTEWATER BIOSOLIDS RESOLUTION NO. R- 99 -99, A RESOLUTION authorizing the renewal of a contract with Charron Company, Inc. For Utilization of Wastewater Treatment Plant Biosolids. *14. CONSIDERATION OF RESOLUTION APPROVING AMENDMENTS TO THE HOUSING PROGRAM GUIDELINES RESOLUTION NO. R -99 -100, A RESOLUTION approving and adopting amendments to the Housing Program Guidelines regarding various home ownership programs administered by the City of Yakima Office of Neighborhood Development Services. 15. CONSIDERATION OF RESOLUTION RELATING TO COMMUNITY HOUSING DEVELOPMENT ORGANIZATION ( CHODO): Bill Cobabe, Neighborhood Development Services Manager, summarized the procedural issues surrounding this issue. The City's HOME program allocation has customarily been about $1 million a year, requiring 15% of the HOME funds allocated to the City of Yakima be set aside for the City's Community Housing Development Organizations ( CHODOs). If that isn't utilized, the funds revert to the federal government. As a result of advertising for CHODOs, one new organization applied to become certified. Also, after completing ongoing certification requirements for existing CHODOs, all have been recertified this year. Mr. Cobabe also outlined some of the qualifications for a CHODO, including the nonprofit status and primary purpose to provide affordable housing for the community. CHODO's can serve clients anywhere within the city and are not limited to the target area. Mr. Cobabe then answered several questions from the Council about the funding allocation and the number of City designated CHODOs. A. CERTIFYING CLEAN HOUSE ASSOCIATION APPLICATION AS A CITY DESIGNATED CHODO 6 62 AUGUST 3, 1999 • Gayle Wingerter, 30 Kenny Drive, spoke in favor of CHODO certification for the Clean House Association based on her two - year observation from living in the same neighborhood as its transition house. She feels the programs of the Clean House Association are very worthwhile. John Mifsud, Executive Director of Clean House Association, described the purpose of the organization to provide clean and sober family housing for those recovering from alcoholism and chemical dependency. Participants of the program are qualified below the 50% medium income, and Clean House receives grant funding from various other sources within the community. If the Council were to grant this request, it would greatly strengthen their chances to obtain a loan to purchase and renovate the Lamplighter Apartments located at 406 North Naches Avenue. He explained that the existing residents will not be displaced, and Clean House plans to make other improvements, such as cleaning the alleyway. Michael White and Craig Strait, participants of the Clean House Program, described the beneficial aspects of the Chambers House and urged the Council to support the request. There was discussion, comments, and questions from the Council about the benefits associated with the program. Also discussed were how the program's rules are enforced, and the differences between transition housing that utilizes resident staff and permanent housing that utilizes a house manager. Pastor Gary Starki, West Park United Methodist Church, and Beth Danhart, Triumph Treatment Services, described some of the successes attributed to the treatment programs, the special needs of recovering residents, and urged the Council to approve the grant request. Resolution No. R - 99 - 101 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY KLINGELE, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp and Sims absent. RESOLUTION NO. R -99 -101, A RESOLUTION recognizing and certifying the Clean. House Association as a City designated Community Housing Development Organization. B. APPROVING REQUEST FROM THE CLEAN HOUSE ASSOCIATION FOR CHODO FUNDS TO ASSIST IN PURCHASE AND REHABILITATION OF LAMPLIGHTER APARTMENTS Resolution No. R -99 -102 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY KLINGELE, TO ADOPT THE RESOLUTION. There was further discussion about the request to purchase and remodel the Lamplighter Apartment complex. Other topics of discussion included the amount of senior housing in this area, the nature of the living environment within the group 7 63 AUGUST 3, 1999 home, and several questions about the financial situation and the stability of the Clean House organization. The question was called for a vote on the motion. The motion carried by unanimous roll call vote; Beauchamp and Sims absent. RESOLUTION NO. R -99 -102, A RESOLUTION approving a $75,000 grant request from the Clean House Association to be made from 1999 federal HOME funds to assist with the purchase and rehabilitation of an apartment complex located at 406 North Naches Avenue, Yakima, Washington, and authorizing and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and the Clean House Association. C. APPROVING REQUEST FROM YAKIMA COUNTY COALITION FOR CHODO HOME FUNDS Phoebe Nelson, Director of the Yakima County Coalition for the Homeless; explained their request for predevelopment funds to secure a building site for a 6 -12 unit transitional housing project. The main focus of this project is for homeless families with preschool children. Resolution No. R -99 -103 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY PLACE, TO ADOPT THE RESOLUTION. The motion carried • by unanimous roll call vote; Beauchamp and Sims absent. RESOLUTION NO. R -99 -103, A RESOLUTION authorizing and directing the City Manager to execute a loan agreement with Yakima County Coalition for the Homeless for an $8,000 loan from 1999 federal HOME funds for costs associated with the predevelopment measures regarding a building site for a proposed "Jump Start" 6 -12 unit transitional housing project. *16. CONSIDERATION OF RESOLUTION SETTING DATE OF HEARING FOR SEPTEMBER 9, 1999 BEFORE THE HEARING EXAMINER ON A PETITION FROM MC GUIRE LUMBER COMPANY TO VACATE BODEN AVENUE BETWEEN SOUTH 17 AND 18TH STREETS RESOLUTION NO. R -99 -104, A RESOLUTION fixing time for public hearing before the Hearing Examiner on September 9, 1999, on a petition filed with the City Clerk by McGuire Lumber Company, Inc. to vacate Boden Avenue between South 17 and 18 Streets. *17. CONSIDERATION OF RESOLUTION ADOPTING A CONSOLIDATED PLAN COMPLAINT POLICY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUND PROGRAM RESOLUTION NO. R -99 -105, A RESOLUTION approving and adopting a Consolidated Plan Complaint Policy concerning the City of Yakima Consolidated Plan for use of Community Development Block Grant funds. 8 64 AUGUST 3, 1999 *18. CONSIDERATION OF RESOLUTION ADOPTING A CITIZEN PARTICIPATION POLICY CONCERNING THE CITY'S CONSOLIDATED PLAN AND ONE YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUND PROGRAM RESOLUTION NO. R -99 -106, A RESOLUTION approving and adopting a Citizen Participation Policy concerning the City of Yakima Consolidated Plan and One -Year Action Plan regarding use of Community Development Block Grant funds. *19. CONSIDERAITON OF RESOLUTION APPOINTING COMMITTEES FOR FLUORIDATION BALLOT ISSUE RESOLUTION NO. R -99 -107, A RESOLUTION Appointing committees to write for and against statements for fluoridation ballot proposition. *20. SET DATE OF PUBLIC HEARING FOR AUGUST 17, 1999 ON THE SOUTH 26 AVENUE ANNEXATION August 17, 1999 was set as the date of public hearing to consider the South 26 Avenue Annexation. 21. APPROVAL OF FIRST HALF 1999 CAPITAL IMPROVEMENTS PROJECT (CIP) REPORT Al Rose, representing the Engineering Division, responded to a question from Council Member Barnett as to why the School District, who previously committed over $50,000, withdrew their support for the project. Mr. Rose explained that the project was originally going to include only school sidewalks, but the bids came in over budget. Council Member Place explained that part of the reason was the school levy failure and lack of community support for the sidewalk projects. It was MOVED BY BARNETT, SECONDED BY KLINGELR, TO ACCEPT AND APPROVE THE FIRST HALF 1999 CAPITAL IMPROVEMENTS PROJECTS REPORT. The motion carried by unanimous voice vote; Beauchamp and Sims absent. *22. APPROVAL OF SECOND QUARTER 1999 REPORTS FROM FINANCE: A. REVENUE AND EXPENDITURE REPORT (BUDGET) The Second Quarter 1999 Revenue and Expenditure (Budget) Report was approved. B. TREASURY REPORT The Second Quarter 1999 Treasury Report was approved. C. ACCOUNTS RECEIVABLE AND CENTRAL BILLING REPORT 9 • 65 AUGUST 3, 1999 The Second Quarter 1999 Accounts Receivable Status Report was approved. 23. OTHER BUSINESS *A. CONSIDERATION OF ORDINANCE APPROVING TRANSFER OF OWNERSHIP OF FALCON VIDEO COMMUNICATIONS, L.P. ORDINANCE NO. 99 - 31, AN ORDINANCE relating to the cable 'communications franchise granted to Falcon Video Communications, L.P. as granted under City of Yakima Cable Television Franchise Ordinance No. 93 -115, as amended by City of Yakima Ordinances No. 98 -30 and No. 99 -09; and approving transfer of ownership of the ultimate parent company of Falcon Video Communications, L.P. from Falcon Holdings, LLC, to Charter Communications Holding Company, LLC. There were no other items of business brought before the Council. Information Items: Items of information provided to Council were: First and Second Quarters 1999 Municipal Court /Probation Office Statistics; Yakima Transit Second Quarter 1999 Report; City of Yakima Planning Division Assignments Pending as of August 3, 1999; DOE • Fact Sheet regarding Banks' Property. July 1999; Minutes of the June 30, 1999 Yakima District Board of Health meeting and its July 19, 1999 Financial Strategic Planning meeting; Article from July 25, 1999 Seattle P. -I., "Secrecy in Spokane "; and Editorial from July 25, 1999 Yakima Herald - Republic, "1 -695 is Popular; That Doesn't Make it Right." 24. EXECUTIVE SESSION REGARDING: A. PENDING LITIGATION (BNSF) B. PROSPECTIVE LITIGATION - ARSON INVESTIGATION It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO MOVE INTO EXECUTIVE SESSION AT 3:55 P.M. FOR APPROXIMATELY 20 MINUTES, TO DISCUSS PENDING AND PROSPECTIVE .LITIGATION, WITH ADJOURNMENT TO AUGUST 17, 1999, AT 7:30 A.M., FOR A STUDY SESSION AT THE POLICE STATION /LEGAL CENTER. The motion carried by unanimous voice vote; Beauchamp and Sims absent. 25. ADJOURNMENT TO AUGUST 17, 1999 AT 7:30 A.M. FOR STUDY SESSION AT THE POLICE STATION /LEGAL CENTER Following the conclusion of the Executive Session, the meeting adjourned at 4:30 p.m. 10