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
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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
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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
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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
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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.
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*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
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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
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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
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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.
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*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
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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
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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.
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