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HomeMy WebLinkAbout02/01/2000 Business Meeting 252 CITY OF YAKIMA, WASHINGTON FEBRUARY 1, 2000 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 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. 253 FEBRUARY 1, 2000 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 2 254 FEBRUARY 1, 2000 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. • 3 255 FEBRUARY 1, 2000 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 • 4 256 FEBRUARY 1, 2000 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. 5 257 FEBRUARY 1, 2000 *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. 6 258 FEBRUARY 1, 2000 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. 7 259 FEBRUARY 1, 2000 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. 1 / 8