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HomeMy WebLinkAbout02/15/2000 Business Meeting 269 CITY OF YAKIMA, WASHINGTON FE BRUARY 15, 2000 B MEETING 1. ROLL CALL The City Cou 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, Larry Mattson, John Puccinelli, and Bernard Sims were present on roll call. Council Members Lynn Buchanan and Henry Beauchamp 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 Puccinelli, followed by the Pledge of Allegiance led by Council Member Mattson. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) • FRED GREENOUGH DAY Mayor Place read a proclamation declaring February 15, 2000, as Fred Greenough Day in honor of his retiring from the ESD 105 Board after serving for 43 years. Mr. Greenough and Dr. Jane Gutting, ESD 105, were on hand to accept the proclamation. Mr. Bob Romero, Yakima Bears, spoke about the Mayor's Teddy Bear collection and indicated that the collection did not include an official "Yakima Bears" bear and presented the Mayor with one as well as a miniature Bears baseball bat. He said the Dodgers are holding a mini -camp in Yakima this year and he invited everyone to visit a Bears game. 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. She also announced that Item No. 16 had been removed from the agenda entirely and would be considered at a future date. It was the general consensus of the Council to remove Items Nos. 13 and 15. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY MATTSON, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp and Buchanan absent. (Subsequent paragraphs preceded 270 FEBRUARY 15, 2000 by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE TRAFFIC CONCURRENCY /CAPACITY PROGRAM: TRANSPORTATION DEMAND MANAGEMENT STRATEGY AND COMPREHENSIVE PLAN This being the time set for the public hearing on the proposed amendments to the Traffic Concurrency /Capacity Program: Transportation Demand Management Strategy and Comprehensive Plan, Mayor Place opened the public hearing. Chris Waarvick, Director of Public Works, presented the two ordinances related to capacity on two classified streets. He reminded Council that this had been the subject of discussion at a recent study session. Council Member Barnett had a concern on the first ordinance. He thinks the terminology "on an interim basis" . should be removed from the ordinance. Mr. Waarvick said that the City had currently reached its capacity threshold at 600 vehicles per lane per hour. He said that Larry Peterson, Assistant City Attorney, had inserted the interim language in order to be consistent with other City ordinances. Mr. Peterson said that the term "interim" was included because other elements in the Comprehensive Plan were going to be revisited. The term relates to the commitment of reviewing the transportation element of the Comprehensive Plan. In doing so, Council may decide to use a different number. Council Member Barnett said this language might make it difficult for developers. Council Member Sims said that using the term "interim," in the ordinance is confusing. Council Member Puccinelli agreed, and pointed out that there was nothing "interim" about 800; it was going to be the new threshold. Mayor Place clarified _that the term "interim" was referring to the idea that the new threshold of 800 vehicls was an interim provision, inserted until the Council could amend the Comprehensive Plan to include it permanently. Council Member Mattson added that the interim language is in the ordinance because the comprehensive planning process does not take place until the fall. Mayor Place asked if anyone from the audience wished to speak in favor of the transportation capacity ordinance. Bill Almon, of Almon Realty, stated the intersection at 40th Avenue & Fechter is dangerous, and this could be an opportunity to review it. While speaking in favor of the proposal, he said he has the same concerns about the "interim" language voiced by Council Member Barnett. He said "on an interim basis" would have a chilling effect on the development and marketing of property along 40th Avenue. He suggested deleting the language. Bill Huibregtse, 801 North 39th Avenue, said he had written a letter to staff and wanted to draw it to Council's attention. He said that 800 vehicles per hour per lane is a good first step, but he 2 271 FEBRUARY 15, 2000 recommended the standard be 1,000 vehicles per hour per lane. He acknowledged that phasing in to a larger number is a good approach. He also discussed some technical information, which was included in the ordinance and suggested the technical language would be more appropriate in an Engineering Department policy document instead of an ordinance. Joan Davenport, Supervising Traffic Engineer, distributed some information that contained the suggested language to address Mr. Huibregtse's concerns. The language indicated that the City would maintain administrative policies appropriate to meet the goals of the ordinance. Ms. Davenport said that staff is recommending there be no review of a development unless it would generate 10 or more afternoon peak hour trips. She provided Council with a table that exhibits thresholds. Staff recommended that this be part of the administrative policy. Staff is suggesting that Council delete certain exemptions, because if the threshold was raised to the 10+ afternoon peak hour trips, those exemptions would no longer be applicable. The staff recommendation provided more flexibility in evaluating development projects. Mr. Waarvick said that staff was not recommending changing either of the ordinances before Council today; staff would draft appropriate legislation to bring it back to the City Council based on their direction. Delmar Pearson said that he lives above Franklin Junior High School and owns property on 40 Avenue. In the design of his proposed development, he intends to change Fechter Road because it is a dangerous street and tie it into Castlevale instead of Powerhouse Road. George Pechtel, Yakima, supported raising the level of vehicles per lane per hour to 1,000 cars, especially considering economic development is Yakima's number one priority. He supports transportation planning and thinks it is necessary so that Yakima will no longer lose out to other cities. There being no other citizen wishing to testify, Mayor Place closed the public hearing. Ordinance No. 2000 -04 having been read by title, it was MOVED BY PUCCINELLI, SECONDED BY BARNETT, TO PASS THE ORDINANCE. It was MOVED BY BARNETT, SECONDED BY PUCCINELLI, TO AMEND THE ORDINANCE AND DELETE THE TERM "ON AN INTERIM BASIS" IN SECTION ONE. The motion carried by unanimous voice vote; Beauchamp and Buchanan absent. The question was called for a vote on the motion as amended. The motion carried by unanimous voice vote; Beauchamp and Buchanan absent. • 3 272 FEBRUARY 15, 2000 ORDINANCE NO. 2000 -04, AN ORDINANCE concerning the Transportation Element of the City of Yakima Urban Area Comprehensive Plan established pursuant to Chapter'36.70A RCW, amending the definition of classified street capacity, to define classified street capacity as 800 vehicles per lane per hour. r Ordinance No. 2000 -05 having been read by title, it was MOVED BY BARNETT, SECONDED BY PUCCINELLI, TO PASS THE ORDINANCE. It was MOVED BY PUCCINELLI, SECONDED BY BARNETT, TO AMEND THE ORDINANCE AS FOLLOWS: STRIKE BOLD AREA UNDER (C) CAPACITY ANALYSIS AND REPLACE IT WITH THE STATEMENT, "THE CITY WILL MAINTAIN ADMINISTRATIVE POLICIES WHICH DESCRIBE THE METHODOLOGY FOR CALCULATING CAPACITY ANALYSIS. SUCH POLICY SHALL BE AVAILABLE FOR PUBLIC INFORMATION AT THE TIME OF APPLICATION." The motion carried by unanimous voice vote; Buchanan and Beauchamp absent. It was MOVED BY MATTSON, SECONDED BY PUCCINELLI, TO FURTHER AMEND THE ORDINANCE AS FOLLOWS: DELETE EXEMPTIONS ON PAGE 405 OF THAT ORDINANCE, SPECIFICALLY PART A, ITEMS 1 -9 AND ALL OF PART C AND DELETE THE PHRASE "SUBSECTION C" FROM PART G OF 12.03.040 AND REPLACE IT WITH, "A LIST OF EXEMPTION THRESHOLDS WILL BE MAINTAINED AS PART OF THE ADMINISTRATIVE POLICY." The motion carried by unanimous voice vote; Buchanan and Beauchamp absent. The question was called for a vote on the motion, as amended. The motion carried by unanimous roll call vote; Buchanan and Beauchamp absent. ORDINANCE NO. 2000 -05, AN ORDINANCE concerning land use and development regulation under the state Growth Management Act, and amending the transportation demand management strategy as required by RCW 36.70A.070. 6. AUDIENCE PARTICIPATION There was no one present for Audience Participation. 7. CONSIDERATION OF DEFERRED BUDGET POLICY ISSUE REGARDING WASTEWATER HOOK -UP PAYMENT PLAN FOR HOMEOWNERS Bill Cook, Director of Community & Economic Development, stated that in April 1999, Council held a study session on this issue, which is to offer a deferred payment plan for wastewater connection fees. Council was presented with a number of options, including a "safety net" program for low and moderate income homeowners to an unrestricted program making a payment plan available to anyone connecting to wastewater services in the urban growth area. At that study session, Council elected to proceed with the "safety net" approach and staff brought back Ordinance No. 99 -17 accomplishing that. This report provides information necessary for Council to consider expanding the 4 FEBRUARY 15, 2000 program. Council Member Barnett said that he supports the staff recommendation in the report. It was MOVED BY PUCCINELLI, SECONDED BY BARNETT, TO ACCEPT THE REPORT. The motion carried by unanimous voice vote; Buchanan and Beauchamp absent. Staff will come back with an ordinance amendment to implement a floating market interest rate. *8. CONSIDERATION OF RESOLUTION CONCERNING CHANGE OF FIRE PROTECTION BURDENS RESULTING FROM THE SOUTH 26TH AVENUE ANNEXATION AREA RESOLUTION NO. R- 2000 -17, A RESOLUTION relating to fire protection and annexation and finding that the South 26th Avenue Annexation will impose a significant increase in the fire • suppression responsibilities of the City, with a corresponding reduction in fire suppression responsibilities by the fire protection district. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH KENNEDY JENKS CONSULTANTS FOR DESIGN OF DOMESTIC WATER• FLUORIDATION SYSTEM RESOLUTION NO. R- 2000 -18, A RESOLUTION authorizing execution of a contract with Kennedy /Jenks Consultants for the design of a domestic water fluoridation system. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH YAKIMA COUNTY DEVELOPMENT ASSOCIATION FOR PUBLIC SECTOR SERVICES RESOLUTION NO. R- 2000 -19, A RESOLUTION authorizing the City Manager to ratify and adopt a contract with the Yakima County Development Association for public sector services. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF TEMPORARY LICENSE AGREEMENT FOR TELECOMMUNICATION SERVICES WITH AVISTA RESOLUTION NO. R- 2000 -20, A RESOLUTION authorizing the Mayor to execute a Temporary License Agreement with Avista Communications of Washington, Inc., a Washington corporation, which authorizes Avista Communications of Washington, Inc., to occupy City of Yakima rights -of -way in order to construct and maintain a portion of a telecommunications system in the City of Yakima, Washington. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE NATIONAL LITTLE LEAGUE ASSOCIATION RESOLUTION NO. R- 2000 -21, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between 5 2 FEBRUARY 1'5, 2000 the City of Yakima and the Yakima National Little League Association to provide a youth baseball program at Elks Park. 13. CONSIDERATION OF RESOLUTION STATING SUPPORT FOR THE MILLENNIUM PLAZA PROJECT SPONSORED BY THE ALLIED ARTS COUNCIL OF YAKIMA VALLEY Bill Cook, Director of Community & Economic Development, said a representative of Allied Arts would like to make a presentation. Doug Rich, 4301 Tieton Drive, said that he is part of the Steering Committee for Washington's Millennium Plaza project. They would like to move forward with the creation of a plaza located on City property across from the Capitol Theatre. He said the area would be improved without any public cost or loss of parking. He discussed a grant that Allied Arts had received to create community -wide art. The Steering Committee saw the Plaza as a community meeting place and approached the Downtown Area Redevelopment Committee (DARC). It was clear that any loss of parking would not be tolerated. Their proposal actually created a few additional parking spots. DARC endorsed this proposal on February 3, 2000. He thanked Kay Adams, City Engineer, and Bill Cook for their assistance. He provided a poster with some examples of how the Plaza would look and said the Committee has received several grants to date. The idea is to create an open, public art gallery on City -owned land with no public cost. Construction on the Plaza would commence around August 1st and be completed by the end of October. Trixanna Koch speaking on behalf of the League of Women Voters, supported the proposal. She commended the Arts Council's vision for Yakima. Council Member Mattson asked if there was a grant timeline that limits the search for other sites. Mr. Rich said this must be completed during the year 2000, so the project was limited by the ability to complete construction. There are other sites potentially available that would be good from a traffic count perspective, but the project would take on more of a monument feel to it, as opposed to a place where community interaction occurs. Jill Ballard, 1505 South 6th Avenue, pointed out that the area where the project would be located was extremely congested and dark. She said the proposal does not take any parking away, but it does interrupt parking flow within the lot. She also asked if there was access for emergency vehicles. Mr. Rich responded that there is flow through a thoroughfare. He said the plan does not remove any lighting and actually adds some. The Commercial Hotel is going to be developed and is half a block away and the point is to encourage pedestrian traffic. He said they have held discussions with Police and Fire officials regarding emergency vehicles. Don Blesio, Police Chief, spoke 6 275 FEBRUARY 15, 2000 and said there were no access issues with regard to police vehicles. Joe Morrier, 402 East Yakima Avenue, spoke in favor of the proposal. He complimented Allied Arts for their vision. Kathy Coffey, Executive Director of the Visitors and Convention Bureau, spoke in favor of the idea. She said it would enhance the visibility of downtown Yakima and would help promote tourism. Kris Tucker, Executive Director of the Washington State Arts Commission, spoke in favor of the project. She said she had seen the value of public art and how much it could benefit a city and its business environment. She appreciated the collaboration of government, business and art. She said there was always concern about vandalism, but other communities had faced those challenges and there is a wealth of information on how to deal with those kinds of problems. Lynne Kittelson, 305 North 9th Street, said anything the City can do to make the downtown more pedestrian friendly is great. She was also glad to see the theme of water incorporated into the structure. She urged the Council to approve this project. Joe Mann, 6 North 3rd Street and the current president of the Farmers' Market Board, said the Farmers' Market is overjoyed to see this project. He further stated that he is a downtown businessman and favored the project from that viewpoint as well. Bev Orteig, 214 East Yakima Avenue, said that she is concerned with the project. She thinks more consideration should be given to decking the parking lot. She said there has not been a lot of input from the people who are impacted the most from it. She said the lot is extremely well used and it needs better lighting. Mr. Rich said they are. taking all of these concerns into consideration in developing their formal plan. Council Member Puccinelli recalled that when the Olive Garden wanted to use five stalls for trash dumpsters and one property owner objected and sued, the judge agreed with the property owner. Council Member Barnett said the City had a legal opinion saying the parking must be used for parking. City Attorney Paolella said his legal analysis would be forthcoming. The basic principles are that a public parking lot cannot be converted to private use and the parking space or area cannot be substantially reduced. Council Member Puccinelli said he thought getting a declaratory judgment would be a good idea. Council Member Sims said he perceived this to be a landscaping issue. Mr. Paolella stressed 7 2 FEBRUARY 15, 2000 that the legal case from eight years ago was converting public parking to a private use. Council Member Barnett said he thought Council should have the City Attorney's analysis before taking action'. Council Member Mattson said the resolution only directs legal, financial and planning staff to work with the Steering Committee and come back to Council with appropriate reports. Al Gillespie, Fire Chief, said there are some concerns with the power lines and they would like to see them underground. Resolution No. R- 2000 -22 having been read by title, it was MOVED BY SIMS, SECONDED BY MATTSON, TO ADOPT THE RESOLUTION. It was moved by Puccinelli to amend the resolution, stating that council supports the project, but will wait for a declaratory judgment before taking an official stance. The motion died for lack of a second. The question was called for a vote on the motion. The motion carried by 3 -0 voice vote; Barnett and Puccinelli abstaining; Buchanan and Beauchamp absent. RESOLUTION NO. R- 2000 -22, A RESOLUTION stating the City Council's support of the Millennium Plaza Project sponsored by the Allied Arts Council of Yakima Valley. *14. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING FOR MARCH 21, 2000 ON THE FINAL ASSESSMENT ROLL FOR NORTH 85TH AVENUE SEWER LID RESOLUTION NO. R- 2000 -23 A RESOLUTION fixing a time and date for a hearing on the final assessment rolls for Local Improvement District No. 1055. . The date of public hearing was set for March 21, 2000. 15. APPROVAL OF FOURTH QUARTER 1999 ACCOUNTS RECEIVABLE REPORT FROM FINANCE Council Member Barnett asked if the City collects less than 2.2% of the inmate medical billings, is the time and cost in attempting to collect the bills worth the amount collected. Cindy Epperson, Accounting Manager, answered that at the moment, probably not. However, Finance had started billing for these costs in May, 1999 on a trial basis and were planning to try it for a year. Insurance information is taken for the inmates who have insurance and the insurance company is billed. Council Member Sims asked if the alternative was to not bill them or not provide the service. Mr. Zais said there was a legal obligation to provide medical treatment to prisoners. Mr. Sims said the City is really lending them credit and asked if that was not illegal under State law. Mr. Zais said this was an exception. 8 2 •- I FEBRUARY 15, 2000 It was MOVED BY BARNETT, SECONDED BY SIMS, TO ACCEPT THE FOURTH QUARTER 1999 ACCOUNTS RECEIVABLE REPORT. The motion carried by unanimous voice vote; Buchanan and Beauchamp absent. 16. APPROVAL OF FINAL CONTRACT PAYMENT FOR 1999 STREET OVERLAY PROJECT NO. 1868 PERFORMED BY COLUMBIA ASPHALT AND GRAVEL (STANDARD MOTION V -B- ACCEPT PROJECT AND APPROVE THE FINAL PAYMENT) This item was removed from the agenda and was not considered by Council. 17. CONSIDERATION OF LEGISLATION REGARDING PROSECUTION SERVICES: A. RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT TO THE AGREEMENT WITH KENNETH RABER FOR PUBLIC DEFENDER SERVICES Resolution No. R- 2000 -24 having been read by title, it was MOVED BY PUCCINELLI, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Buchanan and Beauchamp absent. RESOLUTION NO. R- 2000 -24, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Second Amendment to the City of Yakima Public Defender Agreement for 1999. B. SECOND READING OF ORDINANCE AMENDING THE 2000 BUDGET AND APPROPRIATING FUNDS REGARDING CITY PROSECUTION OF MISDEMEANANT CRIMES /LEGAL SUPPORT An Ordinance amending the 2000 budget and appropriating funds for city prosecution of misdemeanant crimes /legal support, previously having been read by title only, was brought before the Council for a second reading. Ordinance No. 2000 -06 having been read by title only, it was MOVED BY PUCCINELLI, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Buchanan and Beauchamp absent. ORDINANCE NO. 2000 -06, AN ORDINANCE amending the 2000 budget for the City of Yakima; and making an appropriation of $50,000 within the 2000 - General Fund for expenditure during 2000 to provide legal services for indigent defense and prosecution. 9 278 FEBRUARY 15, 2000 18. CONSIDERATION OF ORDINANCE APPROVING 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 Ordinance No. 2000 -07 having been read by 'title only, it was MOVED BY BARNETT, SECONDED BY SIMS, TO PASS THE ORDINANCE. Council Member Mattson said the ordinance includes the provisions to pave the hammerhead turnaround and the development agreement does not. He asked if it should be added to the development agreement. Larry Peterson, Assistant City Attorney, said that the development agreement could be amended, but it was not necessary as the ordinance accomplished the paving. It was MOVED BY MATTSON, SECONDED BY SIMS, TO ADD ITEM 4C OF THE ORDINANCE TO THE DEVELOPMENT AGREEMENT. The motion carried by unanimous roll call vote; Buchanan and Beauchamp absent. The question was called for a vote on the motion, as amended. The motion carried by unanimous roll call vote; Buchanan and Beauchamp absent. ORDINANCE NO. 2000 -07, AN ORDINANCE concerning land use and zoning and, subject to conditions, approving a proposed expansion of the Golden Villa Mobile Home Park, 18 West Washington Avenue, and authorizing an exchange of undeveloped Corpman Lane right -of -way for property needed for a hammerhead turnaround, and authorizing the City Manager to execute necessary instruments including a development agreement and a quit claim deed. 19. OTHER BUSINESS Council Member Sims asked for someone to be designated as an alternate to the Tri- County Water Commission. Council Member Mattson volunteered to be the alternate. Council Member Sims said the Parks and Recreation Commission had two members whose terms had expired January 31, 2000 and there is still a vacancy. He recommended the re- appointment of Mike Nixon and Phil Hoge to their positions. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO REAPPOINT MIKE NIXON AND PHIL HOGE TO THE PARKS AND RECREATION COMMISSION. The motion carried by unanimous voice vote; Buchanan and Beauchamp absent. Information Items: Items of information provided to Council were: Press Release from Engineering Division regarding Construction Activities for Week of February 14 -18, 2000; Press Release from Yakima Regional Clean Air Authority regarding Particulate Matter levels are Rising. 2/10/00; City of Yakima Planning Division Assignments Pending as of February 15, 2000; Article from February 8, 2000 Seattle Post - 10 • 279 FEBRUARY 15, 2000 Intelligencer regarding "Hanford Cleanup Needs Money Now "; Article from Governing, "Grading the Cities." February 2000; Confluence; • Winter 2000; and Hanford Update; February 2000. 20. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION Mayor Place adjourned the meeting into Executive Session at 4:00 p.m. for approximately 30 minutes to discuss pending and prospective litigation, then to February 29, 2000 at 7:30 a.m. at the .Police Station /Legal Center for a study session on the Fleet Maintenance budget policy issues and a report on 16 Avenue traffic issues, then to March 7, 2000 at 7:30 a.m. at the Police Station /Legal Center for a review, of Refuse Division policy issues. 21. ADJOURNMENT TO FEBRUARY 29, 2000 AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER (2ND FLOOR TRAINING ROOM) FOR REVIEW OF FLEET MAINTENANCE BUDGET POLICY ISSUES AND REPORT ON 16TH AVENUE TRAFFIC ISSUE, THEN TO MARCH 7, 2000 AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER (2ND FLOOR TRAINING ROOM) FOR REVIEW OF REFUSE DIVISION POLICY ISSUES Following the conclusion of the xecutive Session, the meeting adjourned at 4:35 p.m. .. / i4 � READ AND CERTIFIED ACCURATE BY: �ljr ; '•UNCIL 'MBER DATE -•'. CIL MEMBE' DATE ATTEST: CITY CLERK Y PLACE, MAYOR Minutes prepared by Marketa George Oliver. An audio and video tape of this meeting are available in the City Clerk's Office 11