HomeMy WebLinkAbout02/01/2000 Business Meeting 252
CITY OF YAKIMA, WASHINGTON
FEBRUARY 1, 2000
BUSINESS MEETING
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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
Mary Place, presiding. Council Members Clarence Barnett, Henry
Beauchamp, Larry Mattson, and Bernard Sims present on roll call.
Council Members Lynn Buchanan and John Puccinelli 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 Council Member Beauchamp, followed by
the Pledge of Allegiance led by the Cub and Boy Scouts from
Troops 200 and 266.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
• BOY SCOUT RECOGNITION
Mayor Place read a proclamation declaring February 6 -12, 2000 as
Boy Scouts Week in Yakima. The Boy Scouts brought a birthday
cake, celebrating its 90 Anniversary, into the Council
Chambers and thanked the Council for recognizing the importance
of Boy Scouts.
Mayor Place then read a proclamation declaring January 31 -
February 5, 2000 as Toast Masters International Week. The
proclamation was accepted by Susie Walter and Judy Arington, who
extended an invitation to everyone to attend a Toast Masters
Meeting.
4. CONSENT AGENDA
Mayor Place referred to the items placed on the Consent Agenda,
questioning whether there were any additions or deletions from
either Council members or citizens present. A replacement
ordinance for Item No. 12 was provided and an ordinance
correcting the pay and compensation plan for certain City
employees was added to the agenda as Item No. 14A. It was the
general consensus to add Item No. 14A to the Consent Agenda.
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The City Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was MOVED BY SIMS,
SECONDED BY BEAUCHAMP, THAT THE CONSENT AGENDA, AS READ, BE
ADOPTED. The motion carried by unanimous roll call vote;
Buchanan and,Puccinelli absent. (Subsequent paragraphs preceded by
an asterisk.( *) indicate items on the Consent Agenda handled under one
motion without further discussion.)
*5. APPROVAL OF MINUTES OF THE JANUARY 18, 2000 ADJOURNED AND
BUSINESS MEETINGS
The minutes of the January 18, 2000 Adjourned and Business
meetings were approved, having been duly certified accurate by
two Council members and no one present wishing to have said
minutes read publicly.
6. PUBLIC MEETING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION
TO APPROVE EXPANSION OF NON - CONFORMING USE. FOR GOLDEN VILLA
= MOBILE HOME PARK AND VACATION OF A PORTION OF CORPMAN LANE
REQUESTED BY BRAD DOWNEY (CONTINUED FROM 1/18/00)
This being the time set to continue the public hearing from
January 18, 2000, Bruce Benson, Associate Planner, stated that
at the last Council meeting staff was instructed to prepare a
development agreement. Assistant City Attorney Larry Peterson
stated he prepared a development agreement and distributed a
draft notice, in lieu of a waiver, to inform potential residents
of the mobile home park about the incompatible use of an
industrial plant next to the park. He worked with
representatives from Longview Fibre and agreed on language in
the agreement that will accomplish the goals of Longview Fibre
and the City Council. However, in the third paragraph of the
notice, Longview Fibre would like to have part of a phrase
deleted and have the sentence end after the word legal. He
stated he has no problem accommodating that request.
Mayor Place opened the public hearing and asked for people in
favor of the development to come forward and speak. Doug Gray,
representing Brad Downey, assured Council that Longview Fibre
concurs with the language in the development agreement and with
the notice, subject to the one requested change. Mr. Peterson
clarified that the development agreement requires the mobile
home park to post the notice, and since that development
agreement will be a recorded document, it will bind any new
owner to these conditions. Thus, any new resident in the future
should be advised about the activities of Longview Fibre. The
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City has the remedy that the mobile home park would be in
violation of the zoning conditions if they cease posting the
notice and requiring signatures. He does not think someone
moving into the mobile home park could claim not having known
about the industrial use and would likely not have a claim
against the City.
Brad Downey stated his intention is to not only have new
residents sign the document, but current residents as well when
they renew their leases
Jeff Davis, Longview Fibre, said he would withdraw his company's
objections. It is not exactly what they wanted, but it is as
' close as you can get to a waiver.
Council Member Mattson expressed concern about allowing a
graveled turnaround as recommended by the Hearing Examiner. He
said it is a small area and he does not think that it would be
onerous to require the developer to pave the hammerhead. Mr.
Gray said he agreed and was surprised gravel was all that had
been required. Mayor Place asked about access through Corpman
Lane into the mobile home park. Mr. Downey said there would be
Fire access, but not general access. Council Member Barnett
stated the sidewalk requirements should be deleted from the
approval conditions.
Mayor Place asked for comments from anyone opposing the project.
Opal McWain, 1905 Corpman Lane, stated it is very noisy and she
cannot imagine older people living directly across from Longview
Fibre. She asked questions about access to Longview Fibre from
the park, and expressed concerns about the impact on their drain
field and the low water table from additional pavement and
residences. In the summer she can see damp spots in the road
from the creek backing up and had concerns about the impact this
would have on the creek. She said Longview Fibre has been a
good neighbor to her and if she ever had a complaint, they
worked with her. There is a lot of wildlife there that was not
named in the environmental report.
Ronald Lee Mesecher, 1902 Corpman Lane, spoke against the
project. He has six petitions signed and wanted to know if he
can submit them. City Attorney Paolella said this is a hearing
on the development agreement; however, Council Member Mattson
advised Mr. Mesecher that they had received copies of these
petitions. Mr. Mesecher expressed concern about the impact this
development will have on the neighborhood and on the water
table.
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Daniel Sites, a resident of the Golden Villa Mobile Home Park,
spoke about the traffic on Washington Avenue, advising Council
that the entrance of the court is blocked when a long train
comes through and there is a lot of traffic coming from Longview
Fibre.
Referencing Ms: McWain's concerns about the creek, Mr. Gray
reported that they temporarily rerouted the irrigation ditch so
they could pipe the irrigation water. If that is the
groundwater problem, the open ditch could have caused it and the
piping should address that.
Mr. Gray reported that sewer service for 22 of the lots will be
provided by Union Gap and the City of Yakima will serve the
other 11. He affirmed that this sewer delivery service has been
approved by Union Gap.
There being no other citizen wishing to testify, Mayor Place
closed the public hearing.
It was MOVED BY SIMS, SECONDED BY MATTSON, TO APPROVE THE
HEARING EXAMINER RECOMMENDATION AND TO APPROVE THE EXPANSION AND
RIGHT -OF -WAY VACATION REQUEST, WITH THE DEVELOPMENT AGREEMENT,
AND REQUIRING PAVING OF THE HAMMERHEAD. It was MOVED BY
BARNETT, SECONDED BY SIMS, TO AMEND THE MOTION TO DELETE THE
SIDEWALK, CURB AND GUTTER ON LONGVIEW FIBRE ROAD; The motion
failed by 4 -1 voice vote; Beauchamp, Mattson, Place and Sims
voting nay; Buchanan and Puccinelli absent. It was MOVED BY
BARNETT, SECONDED BY SIMS, TO AMEND THE MOTION TO DELETE THE
REQUIREMENT TO PAVE THE HAMMERHEAD. The motion failed by 4 -1
voice vote; Beauchamp, Mattson, Place and Sims voting nay;
Buchanan and Puccinelli absent. The question was called for a
vote on the original motion. The motion carried by unanimous
voice vote; Buchanan and Puccinelli absent. Council Member
Barnett stated he discussed with the Hearing Examiner the reason
why the sidewalk requirement was put in and Mr. Lamb said he was
not permitted to approve an administrative adjustment under the
City ordinance. Council Member Barnett stated he would like to
see that ordinance brought back to give the Hearing Examiner
some flexibility. Mayor Place agreed and asked staff to look at
it and bring it back to Council.
7. AUDIENCE PARTICIPATION
Mr. Dean Crawford, 1517 Ledwich, brought back some storm water
manuals he had been given to read. He is irritated that $15,000
was taken out of the Streets maintenance fund to pay for that
report when his road is in such poor condition. Mayor Place
said that staff had met with his neighborhood about forming a
Local Improvement District (LID). Mr. Crawford said it didn't
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go anywhere because there are a lot of rentals in the
neighborhood. City Manager Zais reported that two major study
sessions regarding street maintenance and operations needs and
funding for those functions were held. Mr. Crawford argued that
the expert advice was paid for by savings in the Street
maintenance fund and asked why was it not spent on street
improvements? Council Member Beauchamp said he has been on the
Council 20 years and he does not remember a time when there were
fewer resources to attack these kinds of problems. Mr. Crawford
said his gravel alley is better maintained than his street.
Regarding the $15,000 outlay for the stormwater report,
• Assistant Mayor Mattson said that has saved the City literally
millions of dollars.
*8. CONSIDERATION OF RESOLUTION AUTHORIZING SOLE SOURCE PURCHASE OF
EQUIPMENT TO UPGRADE MOTOROLA RADIO DISPATCH CONSOLE
RESOLUTION NO. R- 2000 -15, A RESOLUTION authorizing the City
Manager to purchase with funds approved in the 2000 Fire and
Police capital budgets, the required •components necessary to
upgrade the Motorola radio console for the Yakima Public Safety
Communications Center at a price not to exceed $110,000,
including sales tax, as a sole source purchase without calling
for bids.
*9. CONSIDERATION OF JOINT CITY /COUNTY RESOLUTION TO RATIFY THE
APPOINTMENT OF MS. KIT PARK TO THE YAKIMA AIR TERMINAL BOARD
RESOLUTION NO. R- 2000 -16, A JOINT RESOLUTION OF THE CITY OF
YAKIMA AND YAKIMA COUNTY approving the appointment of Kit Park
to the Yakima Air Terminal Board.
*10. APPROVAL OF FINAL CONTRACT PAYMENT FOR YAKIMA GATEWAY PROJECT 1-
C, PERFORMED BY SUPERIOR PAVING COMPANY. (STANDARD MOTION V -B -
ACCEPT PROJECT AND,APPROVE THE FINAL PAYMENT)
The report from the City Engineer, dated January 25, 2000, with
respect to the completion of the work on the Yakima Avenue /I -82
Improvements, State 1C Project No. 1847, performed by Superior
Paving Company, was approved, the work accepted and payment of
the final estimates as therein set forth was authorized.
*11. SET DATE OF PUBLIC HEARING FOR FEBRUARY 15, 2000 ON PROPOSED
AMENDMENTS TO THE TRAFFIC CONCURRENCY /CAPACITY PROGRAM:
TRANSPORTATION DEMAND MANAGEMENT STRATEGY AND COMPREHENSIVE PLAN
February 15, 2000 was set as the date of public hearing on the
proposed amendments to the Traffic Concurrency /Capacity Program,
Transportation Demand Management Strategy, and Comprehensive
Plan.
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*12. CONSIDERATION OF ORDINANCE REPEALING THE CPI INDEX FORMULA FOR
COUNCIL MEMBERS SALARY TO COMPLY WITH STATE AUDITOR'S OPINION
ORDINANCE NO. 2000 -02, AN ORDINANCE relating to the salary of
the Mayor, Assistant Mayor, and Council Members; repealing the
existing CPI indexing formula for City Council salary increases;
and amending section 2.20.094 of the City of Yakima Municipal
Code.
13. CONSIDERATION OF LEGISLATION PERTAINING TO PROSECUTION SERVICES:
A. FIRST READING OF ORDINANCE AMENDING THE 2000 BUDGET AND
APPROPRIATING FUNDS REGARDING CITY PROSECUTION OF
MISDEMEANANT CRIMES /LEGAL SUPPORT (NO ACTION REQUIRED THIS
MEETING; SECOND READING SCHEDULED 2/15/00)
B. RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT TO THE
AGREEMENT WITH KENNETH RABER FOR PUBLIC DEFENDER SERVICES
City Attorney Paolella said that the legal Department had gone
from four to 2.8 prosecutors in last year's budget and as a
result, some of the lesser crimes were not going to be
prosecuted. The City Council had discussed the issue during a
study session and asked staff to bring this legislation forward
in order to continue prosecuting all crimes, including
shoplifting under $50 and defrauding an innkeeper. Mayor Place
asked what would happen if this option did not work. City
Attorney Paolella said the option to reinstate the position was
always available for the City Council. City Manager Zais said
the City would be providing the overhead (secretarial support)
which would hopefully drive the hourly rate down. Mayor Place
is concerned that the City is able to meet all of the
prosecutorial needs through contracted services. The City
Manager said staff would like to try this option and see what
happens and if it were not successful, staff would come back to
Council to reconsider the issue. City Prosecutor, Jeff West,
said if Council approves the concept of contracting, staff
should be able to continue to prosecute all of the criminal
violations. Council Member Sims asked if this experiment fails,
how quickly will we know. Mr. Paolella stated we should know
within a couple of months. Mayor Place said she is willing to
give it a 60 -day trial. City Manager Zais suggested reading the
ordinance by title and defer action on the resolution until the
next Council meeting.
An Ordinance amending the 2000 budget and appropriating funds to
provide legal services for indigent defense and prosecution,
having been read by title only, was laid on the table for two
weeks, until February 15, 2000.
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It was the general consensus of the Council to defer action on
the resolution until the February 15 Council meeting.
14. OTHER BUSINESS
*A. CONSIDERATION OF ORDINANCE AMENDING AND CORRECTING THE
COMPENSATION PLAN FOR THE PUBLIC SAFETY LEAD DISPATCHER
POSITION
ORDINANCE NO. 2000 -03, AN ORDINANCE relating to City personnel;
adopting a classification and compensation plan for City
employees to be effective January 1, 2000; amending Subsection
2.20.110 F of the City of Yakima Municipal Code.
It was MOVED BY SIMS, SECONDED BY BARNETT TO APPOINT DEREK
LaFRAMBOISE TO THE YAKIMA URBAN AREA REGIONAL PLANNING
COMMISSION. The motion passed by unanimous voice vote; Buchanan
and Puccinelli absent.
It was MOVED BY MATTSON, SECONDED BY BEAUCHAMP, TO APPOINT WANDA
RIEL TO SERVE ON THE YAKIMA CENTER ADVISORY COMMITTEE. The
motion passed by unanimous voice vote; Buchanan and Puccinelli
absent.
Mayor Place announced that Yakima Herald Republic, One World,
One Valley is looking for unsung heroes and she will post the
notice.
Mayor Placed asked if Council wished to create a committee to
review applications for the Bicycle /Pedestrian Advisory
Committee. Council Members Sims and Mattson volunteered to
serve on the committee and it was suggested that staff contact
Council Member Buchanan to ask if he would be willing to serve
on this committee.
Council Member Sims reported on the status of the appointment
process for the Parks & Recreation Commission and the Housing
Authority.
Information Items:
Items of information provided to Council were: Yakima Transit
Fourth Quarter 1999 Report; Letter to Hanford Stakeholder from
Department of Energy regarding public, meetings relating to work -
related illnesses. 1/12/00; City of Yakima Planning Division
Assignments Pending as of February 1, 2000; Agenda for the February 3,
2000 Conference of Governments MPO /RTPO Technical Advisory Committee
meeting and minutes of its January 13, 2000 meeting; and Agenda for
the January 27, 2000 Yakima Air Terminal Board meeting and minutes of
its November 18, 1999 meeting.
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15. EXECUTIVE SESSION REGARDING PENDING LITIGATION
It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO MOVE INTO
EXECUTIVE SESSION AT 3:34 P.M. FOR APPROXIMATELY 40 MINUTES TO
DISCUSS PENDING LITIGATION AND THEN ADJOURN TO FEBRUARY 8, 2000
AT 7:30 A.M., TO THEN MEET AGAIN ON THAT DATE AT 11:30 A.M.,
THEN TO FEBRUARY 15, 2000 AT 7:30 A.M. FOR A STUDY SESSION. The
motion carried by unanimous voice vote; Buchanan and Puccinelli
absent.
16. ADJOURNMENT TO FEBRUARY 8, 2000 AT 7:30 A.M. AT THE POLICE
STATION /LEGAL CENTER (2ND FLOOR TRAINING ROOM) FOR REVIEW OF
MASTER IRRIGATION PLAN; THEN TO 11 :30 A.M. - 1:00 P.M. FOR
MEETING WITH PARKS AND RECREATION COMMISSION AT THE PUBLIC WORKS
FACILITY; THEN TO FEBRUARY 15, 2000 AT 7:30 A.M. AT THE POLICE
STATION /LEGAL CENTER (2ND FLOOR TRAINING ROOM) FOR A STUDY SESSION
REGARDING FIRE DEPARTMENT BUDGET ISSUES.
Following the conclusion of the Executive Session, the meeting
adjourned at 4:34 p.m.
READ AND CERTIFIED ACCURATE BY:
CO,L4TCIL MEMBER V(//06
e Ls,
"SJNCIL MEMBER DATE
ATTEST:
CITY CLERK RY PLACE, MAYOR
An audio and video tape of this meeting are available in the City Clerk's Office.
The minutes were prepared by Marketa George Oliver.
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