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HomeMy WebLinkAbout12/05/2000 Business Meeting 49 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL DECEMBER 5, 2000 - 2:00 P.M. COUNCIL CHAMBERS - 129 NORTH 2 STREET 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan (present after 2:07 p.m.), Larry Mattson, John Puccinelli, and Bernard Sims Staff: City Manager Zais, Assistant City Attorney Peterson and City Clerk Roberts County: County Commissioners Jesse Palacios, Chair, and Jim Lewis 2. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was given by Council Member Puccinelli, followed by the Pledge of Allegiance led by County Commissioner Jesse Palacios 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Denise Nichols, Parks and Recreation Division Manager, presented Lola Amos to the Council to recognize Ms. Amos for her service to the community. Ms. Amos has served on the Parks and Recreation Committee since 1986. Mayor Place presented Ms. Amos with a Certificate of Appreciation. 4. CONSENT AGENDA Mayor Place removed Item No. 12 from the Council Agenda and then referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. There were no other changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by,title. SIMS MOVED AND BUCHANAN SECONDED TO APPROVE THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. AUDIENCE PARTICIPATION There was no citizen participation. 50 • DECEMBER 5, 2000 PUBLIC HEARINGS 6. PUBLIC HEARING ON BUREAU OF JUSTICE ADMINISTRATION GRANT APPLICATION (SEE RESOLUTION) Police Chief Blesio reported this is a required hearing to obtain a grant from the Department of Justice. The $122,590 grant award will be used to purchase a Mobile Cellular Digital Package Data Radio system and Advanced Vehicle Locator System, Mobile Data Terminals for patrol vehicles and computer upgrades. Grant money will also be used to purchase computer software for crime analysis, portable radios and computers to enhance criminal investigations and faster communication of information. The Local Law Enforcement Block Grant program contemplates an interlocal agreement with Yakima County, whereby Yakima County has agreed to accept $18,388 (less applicable matching funds) from the City's grant, thus retaining $104,202 for the City's use. • Mayor opens the public hearing - Mayor Place opened the public hearing. There being no one present to speak to this issue, Mayor Place closed the public hearing. The City Clerk read the resolution by title; BUCHANAN MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R 2000 - 147, A RESOLUTION ratifying application for a grant in the total amount of $136,211 from the U.S. Department of Justice, Bureau of Justice Administration, for funding the Local Law Enforcement Block Grant Program, and further designating and authorizing the City Manager to act as the official representative of the City and to take such additional steps as may be necessary and prudent to complete transactions associated with the grant. 7. JOINT PUBLIC HEARING WITH YAKIMA COUNTY COMMISSIONERS ON THE URBAN AREA COMPREHENSIVE PLAN AND REGULATORY TEXT AMENDMENTS This being the time set for a joint public hearing with the Yakima County Commissioners, Dan Valoff, Acting Planning Manager, announced the purpose of the public hearing is to consider the Regional Planning Commission's and Joint Board's recommendations on amendments to the Comprehensive Plan and regulatory text amendments. He reported that applications from citizens requesting amendments were accepted last May. Requests to amend the future land use map, the Comprehensive Plan Transportation Element, the Urban Area Zoning Ordinance, and the Union Gap urban reserve area were received. The hearing under Item No..8 is impacted by the discussions of the Comprehensive Plan Amendments; therefore, staff presented Council with a public hearing sequence. Staff suggested that public testimony be heard first for the items involving the County and Union Gap, then hear testimony on Title 12.06 after the 2 5 1 DECEMBER 5, 2000 County Commissioners leave. After receiving testimony on Amendment request #2, 32 Avenue, Council could then hear all the remaining amendments. • Mayor opens the public hearing Mayor Place opened the public hearing to receive testimony on Exhibits Nos. 2, 4 and 6. Exhibit 2 includes: • Urban Area Zoning Ordinance Amendments: • 15.03.020 YMC Establishment of Zoning Districts: Yakima Air Terminal, Airport Overlay District • Table 4 -1; Permitted Land Uses: • CPA #3 -00, Dan Barton, Auto Sales • CPA #6 -00, R.P. Lewis, CA Warehouses & cold storage • CPA #8 -00, 40 West, LLC, Sporting goods shops in M -1 • • Manufactured home parks • Plant nurseries • Community Colleges • LCC minimum lot size • Call Centers Bob Lewis, addressing CPA #6 -00, gave some background information dating back to 1998 and requested that this item not be considered at this time. He wants time to bring this issue before the Regional Planning Commission before this decision is made. Assistant City Attorney Peterson clarified that Mr. Lewis' request relates to property under the County's jurisdiction. He believes that Mr. Lewis is withdrawing his application at this time and will request consideration of the amendment in the next cycle. Mr. Lewis concurred with that interpretation. After receiving additional information from County staff, Chairman Palacios and Commissioner Lewis accepted the withdrawal of the application. Bill Hordan, 410 North 2nd Street, addressing CPA #3 -00 Dan Barton, auto sales in B -2 zone, and CPA #8 -00 40 West, LLC, sporting goods shops in the M -1 zone, requested these amendment be accepted. Referencing Table 4 -1; Permitted Land Uses for manufactured home parks, Assistant City Attorney Peterson suggested including 15.04.115 in Chapter 15.10.010. Stan Shelton, P. O. Box 73, spoke in support of approval of the'amendments to Table 4 -1, Permitted Land Uses regarding adding call centers as a new use and changes to the minimum lot size in the LCC zone. Exhibit 4 includes: • • Amendment to Urban Area Vicinity Map III -1: • City of Union Gap requests amendment to the Urban Reserve area 3 52 DECEMBER 5, 2000 Mayor Place commented that the Joint Board and Regional Planning Commission both approved this request from Union Gap. Exhibit 6 includes: • Future Land Use Map Amendment Request: • CPA #9 -00 What the Hay, LLC, Richard Hochrein, 8603 Wide Hollow Road Rich Hochrein, P. 0. Box 910, concurred with the Regional Planning Commission's recommendation. Having requested high density but receiving a recommendation of medium density, although not exactly what he wanted, he can accept that change, including the medium density. James Murphy, 415 North 1st Street, identified himself as being in the real estate business and spoke in favor of this change. Bill Hordan stated this property has a total of 135 acres and they are looking for a rezone of.32 of those acres. This allows them to master plan for the property and to get sewer lines to that area. Assistant City Attorney Peterson stated that we are talking about Future Land Use and Mapping for the property and asked Mr. Hordan if he is talking about a rezone? Mr. Hordan replied that this property is in the urban growth area. Gary Brownell, 3512 Tieton Drive, spoke in opposition to this amendment request, and presented his testimony through a video presentation (Exhibit No. 1 — presented but not submitted) that was given at the Regional Planning Commission meeting on September 26. Commissioner Lewis stated that the County would not take any action on this request today. Steve Erickson, County Planning Division, commented that it should be clear to this body that the Regional Planning Commission recommendation is to change the Plan designation to medium density. It does not include the zoning. The issue regarding the zoning was handled differently at the staff recommendation level. They had proposed medium density within the R -1 zoning. The Regional Planning Commission concluded the non - project part of this and decided Mr. Brownell's concerns could be handled under the land use issue when the master application is submitted. Commissioner Lewis stated they would accept this and deal with the other issue as that comes forward. Carol Masterson, 1114 South 32 Avenue, spoke about the goals of the Growth Management Act, emphasizing the need to preserve our natural areas. She encouraged Council to take another look at the long -range effort beyond five to ten years and how this will affect the city. No other citizen stepped forward to testify before the Council and Commissioners and Commissioners Lewis and Palacios left at 3:05 p.m. • Staff gives overview of Title 12, Section 12.06 Kay Adams, City Engineer, reported that Titlel2, Section 12.06, deals with the street process of our development standards. The changes made to Title 12 are underlined or crossed out in the proposed ordinance; underlines are to add and crossed out words will be deleted. He explained that the City has its own street classifications, with standards established for principal, minor, collector and local residential access. The required rights -of -way vary from 50' to 100'. He is 4 53 DECEMBER 5, 2000 proposing changes to the street development standards due to the various developments that have occurred on 10 th, 32n and 48 Avenues. As a compromise between the 80' right -of -way and the 50' right -of -way, he proposes that a standard for neighborhood collector arterial with 60' right -of -way be established. The 60' right -of -way would have 36' of pavement allowing for two 11' driving lanes and two 7' parking strips as well as 5' sidewalks. The City has its own street classification that he is proposing be amended. Mr. Adams responded to Council Member Barnett's questions concerning discrepancies between the Comprehensive Plan and the map. Mr. Adams was asked to match up Yakima Municipal Code Section 12.06.010 with Map V -I in the Comprehensive Plan. Discussing the Federal guidelines, Mr. Adams reported that he had tried to keep the standards generic, to be applied towards all streets, not just 32 Avenue. If the City wanted to remove 32 Avenue from the system, we would have to petition the Federal Highways Commission. They would be willing to take it off the system if we would be willing to reimburse them for any federal money spent on that street. Council Member Puccinelli stated he would like "when feasible" added to 12.05.010, so it would read, "Sidewalks shall also be installed across the frontage of all newly developed or redeveloped lots, when feasible." • CPA #2 - Bill Hambelton - Reclassify 32 Avenue from Englewood Avenue to Mead Avenue from a Minor Arterial to a Local Access (residential) Street Wait Ranta, 5 South 32 Avenue: (submitted Exhibit No. 7 which is an aerial map of 32 Avenue) He requested Council follow the recommendation of the Regional Planning Commission to keep 32 Avenue at the minimum standards and drop any future consideration to widen that street. He disagreed with the study that said 5,000 cars per day travel 32 Avenue. If the street were widened, several houses would have to be removed as well as 150 trees. Widening 32 Avenue helps people outside our neighborhood community, not those who live on 32 Avenue. Years ago Council considered a plan that had a horseshoe shape traffic pattern to move traffic through town and that plan should be reconsidered. Bill Hambelton, 615 S. 32 Avenue: (submitted Exhibit No. 4 — see attachment 1) In his written testimony he made two requests: (1) Due to the fact that Title 12 has not had public review of the changes proposed by the City Engineer, he requested that no approval action regarding Title 12 be taken and that the proposal be directed to the original Task Force initiated under Glenn Valenzuela; and (2) that his request to reclassify 32 Avenue be approved. Derek LaFramboise, 606 S. 32 Avenue (serves on the Regional Planning Commission): The Regional Planning Commission did not °take any action on this because they did not feel comfortable with it. There was conflicting information . coming from the City. The information about neighborhood collector is on the diagram, but not in the text. He listened to 136 testimonies, not all from people living on 32n Avenue. Where else do you have a neighborhood street with a center lane to turn into your driveway? 5 54 DECEMBER 5, 2000 Cec Vogt, 402 S. 37th Avenue: Member of the Bicycle Pedestrian Committee, The committee wants the curbs, gutters and sidewalks to be pedestrian -bike friendly. Mark Nash, 1114 S. 32 Avenue: What do we do about the increased traffic on 40 Avenue? Since the growth is to the west, you need to come up with a way to handle that traffic, not encroach on a neighborhood street like 32 Avenue. If you develop 32 Avenue, then other streets, like Yakima Avenue, will also need to be developed. He recommended following the Regional Planning Commission recommendation. Nancy Mallahan, 3102 W. Chestnut: Agrees with what has been said about 32 Avenue being a stable, family- oriented environment. The growth seems to be to the east and west. We would be inviting more congestion to the city. Jerry Henderson, 309 N. 35 Avenue: They say we want to look at economic development and neighborhoods. People who come for economic development want stable neighborhoods to live in. They don't want businesses in their neighborhood. It is important to maintain stable neighborhoods. Keep 32 Avenue as local access only. Carol Masterson, 1114 S. 32 Avenue: Spoke about the recommendation to loop traffic around the city to by -pass the downtown area. She said that the City Traffic Division developed a transportation model and she wants to know if the activities on 32n Avenue were ever taken into account. Larry Peterson deduced she was speaking about the 1997 Comprehensive Plan that adopted a transportation consultant study of the north /south arterial streets. Ms. Masterson said that putting the traffic on 32 Avenue will not alleviate the other traffic problems. The Council recessed at 4:15 p.m. and resumed the meeting at 4:28 p.m. Carol Masterson, 1114 S. 32 Avenue, continued with her testimony. She agrees with the recommendation to take no action on 32 Avenue if it is not a well- managed action. You need to look at not putting new businesses on 32 Avenue. Lynne Kittelson, 305 N. 9 Street: Spoke in favor of maintaining our neighborhoods. It is dangerous to put the sidewalk next to the curb. Tom Pleasants, 311 N. 32 Avenue: Spoke against widening 32 Avenue. His house is less than 18 feet in front of the easement; 80' would bring it ten steps from his house. He would like to see some improvements; children need sidewalks. Evelyn Creamer, 918 S. 32 Avenue: Concurred with Bill Hambelton. Dave Doornink, 108 N. 32 Avenue: Spoke in support of the amendment. He suspects that the congestion on 40 Avenue is county - generated. It is unjust that 6 55 DECEMBER 5, 2000 • the City has to bisect a beautiful neighborhood. He urged Council to follow the Regional Planning Commission's recommendation. Nabil Haasan, 1112 S. 32 Avenue: Hopes Council takes the recommendation of the Regional Planning Commission. He has never seen 5,000 cars going through that street on any particular day. Bill Hambelton spoke about the petition signatures gathered in 1997. The people don't want a freeway on 32 Avenue. He stated that the neighborhood would likely accept a standard with 50' right -of -way. • Council comments on testimony Council Member Beauchamp: Stated he admires the citizens who came forward to speak to this issue. The Council has not made a final decision on this. Council may not make the decision the citizens are wanting, but Council does listen. • Council Member Barnett: Thinks the people on 32 Avenue are concerned because they keep having to come back; we heard this before. Mayor Place stated that the Growth Management Act requires Council to review our plans. Council Member Buchanan: Restated that he hears the citizens asking that nothing be done to change 32 Avenue. He commented that 32n Avenue was removed from the Six -Year Transportation Plan. • CPA #5 -00 — Lloyd Butler - 14.25.040, YMC Subdivision Ordinance, Request to allow one parcel to front on a private street or be allowed to gain access by an easement onto a public street No one was present to address this request. • Council Approved rezones needing Comprehensive Plan compliance: CPA #13 -00 Sherry Jefferson CPA #14 -00 Keller / Hochrein CPA #15 -00 Shields Bag and Printing CPA #16 -00 Mercy Enterprises Assistant City Attorney Peterson stated that these requests involve rezones approved by Council and need the map changes approved. There was no public testimony received. • CPA #11 -00 — Michael and Tracie Durall - Future Land Use Map Amendment Request for property at 2907 and 3001 West Nob Hill Boulevard Fred Witham, 3601, Richey Road, representing Mr. and Mrs. Durall, concurred with the recommendation of the Regional Planning Commission, staff, and the Joint Board to approve the request. 7 56 DECEMBER 5, 2000 • CPA #7 -00 — Bruce Simpson and Theresa Campbell- Simpson — Future Land Use Map Amendment Request for property at 3111 Tieton Drive Council Member Mattson reported that he was at a birthday party where this issue came up, but once he explained he was on the Council the discussion ended. Bruce Simpson, 216 South 24 Avenue, commented that his request is to change the map from low density to high density residential for the property at 3111 Tieton Drive. The nearby hospital is classified high density residential, which is the same as what he is requesting. The Regional Planning Commission and staff recommend the change in the map. The house has been for sale for ten years, but because of the busy streets, it is not really suitable for residential use. He believes the landscaping will shield the residential neighborhood and he will work towards maintaining the integrity of the neighborhood. Council Member Barnett pointed out that out of the approximately 18 people who testified at the Regional Planning Commission hearing, four or five people spoke in opposition to this request. Mr. Simpson stated that originally they had a different plan, but they are working with the neighborhood and are now contemplating putting in a coffeehouse as the primary use. Assistant City Attorney Peterson sought clarification of Mr. Simpson's request, asking if Mr. Simpson is asking for the Future Land Use Map designation to high density residential and a zoning map reclassification. Mr. Simpson stated the rezone request would be done in the conventional rezone process. Theresa Campbell- Simpson, 216 South 25` Avenue, stated she likes the idea of this process because it gives us an opportunity to explore new ideas and that is what we are doing. As a neighborhood, we should not be afraid of being more than just where people live. It will not ruin the nature of the neighborhood. You need to explore the idea of having business in a neighborhood that people can walk to instead of driving to. Carol Masterson, 1114 South 32n Avenue, stated her understanding of the possible use of this property and asked if the resultant traffic would force a right - hand turn only at Tieton Drive and 32n Avenue? Mr. Peterson stated that those issues would not come up until a specific application is being reviewed. This request would make the map compatible to allow the rezone. Lynne Kittelson, 305 North 9th Street, recommended that anything that would keep these big, old homes standing, she would support. CPA 4 -00 — Steve Emhoff, England & Associates, on behalf of Dr. Aboulhosn — Future Land use Map Amendment Request for property in the vicinity of North 24 and Lincoln Avenues Mayor Place reported she spoke with a citizen concerning this issue, and advised them about the process to get comments on the record. 8 DECEMBER 5, 2000 57 Lisa Hall, 315 North 24 Avenue, asked Council to keep the R -2 designation rather than change it to commercial designation. She considers that the change would be the impetus for commercial development along Powerhouse, which is ill equipped to handle increased traffic. She pointed out that the property the bowling alley was on has been for sale for several years and is already designated for commercial purposes. At the hearing in August, they had over 75 signatures collected from the neighborhood in opposition of this request, concerned about the traffic at that intersection. • CPA #12 -00 — Gary Carnevali — Future Land Use Map Amendment Request for property at 3706 West Nob Hill Boulevard Gary Carnevali, 2300 River Road, stated he concurs with the Joint Board and hopes Council will agree with the Regional Planning Commission's recommendation to approve this amendment. • CPA #10 -00 — Larry Brader / Del Matthews, 40 West, LLC — Future Land Use Map Amendment Request for property at 4100 West Powerhouse Road Bill Hordan commented that the property owner supports the recommendation. He further commented that there is no public opposition to this. • CPA #1 -00 — Dr. James Obert — Future Land Use Map Amendment Request for property in the vicinity of 4202 Summitview Avenue Dr. James Obert, 4202 Summitview, spoke in support of this request. Mayor Place closed the public hearing. City Manager Zais stated that Council may wish to continue the public hearing and take more time on Title 12. 8. PUBLIC HEARING ON AMENDMENTS TO TITLE 12 IN THE YAKIMA MUNICIPAL CODE RELATING TO DEVELOPMENT STANDARDS • Mayor opens the public hearing Mayor Place opened the public hearing to receive testimony on amendments to Title 12, Development Standards. She announced that a letter from Stan Berndt, opposing the reduction of the sidewalk width, was received and distributed prior to the meeting, and is hereby entered into the record (Exhibit No. 6). Cec Vogt, 402 South 37 Avenue, member of the Bicycle /Pedestrian Committee, commented that over the last five years this Committee studied what makes a quality of life community and determined that pedestrian /bicycle plans and nice, wide sidewalks are a vital part. They don't want to see the change from seven to five foot sidewalks. Five -foot sidewalks on an arterial are dangerous, unless a 9 58 DECEMBER 5, 2000 buffer is put in. Mayor Place asked Ms. Vogt her opinion about phased improvements for development. Ms. Vogt responded that is not a problem as long as it happens. Council Member Puccinelli stated he would like to see the words "when feasible" added to YMC 12.05.010 because there are places in the city that it is not feasible to require a sidewalk. Discussion followed that a definition would be needed to define "feasible." Bob Young, Central Washington Home Builders Association, distributed copies of his presentation (submitted Exhibit No. 5 — see attachment 2). He reviewed his written testimony and further commented that sidewalk regulations should be in only one chapter in the Municipal Code, or at least be consistent. Council Member Buchanan was absent after 5 :30 p.m. Lynne Kittelson, 305 North 9 th Street, opined that Council is treating sidewalks too frivolously. She recommended that Council not put sidewalks next to arterial streets, especially if they are only five feet wide; seven -foot sidewalks against the curb are not even pedestrian friendly. Bill Hambelton, 615 South 32 Avenue, reaffirmed his previous presentation. He questioned if the action of the City Engineer before the Regional Planning Commission was done in a legal manner. Mayor Place commented that we have some changes to make and need to continue this hearing to another date. Bill Cook, Director of Community and Economic Development, commented that Council has closed the public hearing on the Comprehensive Plan and suggested it be brought back to Council on the 19 Council considered this suggestion as well as the suggestion made by Mr. Peterson on how to accomplish this, considering the 32 Avenue issue. BEAUCHAMP MOVED AND MATTSON SECONDED TO CONTINUE THE PUBLIC HEARING ON TITLE 12 AND WAIT FOR COMPREHENSIVE PLAN AMENDMENTS AND DEAL WITH THAT. The motion carried by unanimous voice vote; Buchanan absent. City Manager Zais stated he will look at Council's schedule for a date to bring this information back, but the legislation won't be brought back until Council gives direction to do that. CITY MANAGER'S REPORTS *9. CONSIDERATION OF RESOLUTIONS AUTHORIZING WRITE -OFFS FOR: A. UNCOLLECTABLE UTILITY ACCOUNTS RESOLUTION NO. R- 2000 -148, A RESOLUTION authorizing the write -off of certain uncollectable accounts receivable by the utility funds of the City of Yakima. 10 59 DECEMBER 5, 2000 B. UNCOLLECTABLE PARKING CITATIONS RESOLUTION NO. R- 2000 -149, A RESOLUTION authorizing the write -off of certain uncollectable parking citations and penalties of the City of Yakima. C. UNCOLLECTABLE CENTRAL RECEIVABLES RESOLUTION NO. R- 2000 -150, A RESOLUTION authorizing the write -off of certain uncollectable accounts due to various funds of the City. • *10. CONSIDERATION OF RESOLUTION AUTHORIZING ABATEMENT OF CLEARVIEW VIOLATION AT 401 SOUTH 37 AVENUE RESOLUTION NO. R- 2000 -151, A RESOLUTION authorizing enforcement of intersection clear view violation at 401 South 37 Avenue, as described in Yakima Municipal Code 8.80.040. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS FOR PROFESSIONAL SERVICES WITH BERTHA ORTEGA AND LARRY SANCHEZ RESOLUTION NO. R- 2000 -152, A RESOLUTION authorizing the City Manager of the City of Yakima to execute Professional Services Agreements with Bertha Ortega and Larry Sanchez. 12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF TEMPORARY LICENSE AGREEMENT WITH TOUCH AMERICA TO OCCUPY CITY RIGHTS -OF -WAY Randy Beehler, Cable TV Manager, stated that Touch America provides services to the carriers, such as AT &T and Qwest; and the public would not call them for local service. He distributed a revised version of the agreement, stating the revisions are housekeeping in nature relating to insurance requirements. The City Clerk read the resolution by title; MATTSON MOVED AND BEAUCHAMP SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Buchanan absent. RESOLUTION NO. R- 2000 -153, A RESOLUTION authorizing the Mayor to execute a Temporary License Agreement with Touch America, Inc., a Montana corporation, which authorizes Touch America, Inc. to occupy City of Yakima rights -of -way in order to construct and maintain a telecommunications system in the City of Yakima, Washington. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA COUNTY FOR 911 SUPPORT SERVICES RESOLUTION NO. R- 2000 -154, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a 911 Support Services 11 60 DECEMBER 5, 2000 Agreement with Yakima County for the purposes of providing 911 emergency communication support services. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH EMERGENCY MANAGEMENT RESOLUTION NO. R- 2000 -155, A RESOLUTION authorizing and directing the City Manager and the Mayor of the City of Yakima to execute the attached "Agreement for Yakima Valley Office of Emergency Management" with Yakima County. *15. CONSIDERATION OF RESOLUTION DENYING DAN AND CATHY FLOYD'S APPEAL OF THE HEARING EXAMINER'S INTERPRETATION OF MUNICIPAL CODES RELATING TO FENCE AT 2801 W. CHESTNUT RESOLUTION NO. R- 2000 -156, A RESOLUTION denying Dan and Cathy Floyd's appeal of the Hearing Examiner's August 17, 2000, Interpretation of certain provisions of the Yakima Municipal Code pertaining to designation of front, rear, and side lot lines, and of certain provisions of the Yakima Municipal Code pertaining to fence heights and setback requirements. *16. APPROVAL OF FINAL CONTRACT PAYMENT FOR THE DOWNTOWN YAKIMA WATER SERVICES PROJECT NO.1762 DOWNTOWN WATER SERVICE UPGRADES PERFORMED BY KEN'S CONSTRUCTION (STANDARD MOTION V -B - ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) The report from the City Engineer, dated November 14, 2000, with respect to the completion of the work on the Downtown Water Service Upgrades Improvement Project, performed by Ken's Construction, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. ORDINANCES *17. SECOND READING OF ORDINANCE AMENDING THE 2000 BUDGET AND APPROPRIATING FUNDS FOR THE AUTOMATED REFUSE PILOT PROGRAM An Ordinance amending the 2000 budget and appropriating funds for the automated refuse pilot program, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2000-58, AN ORDINANCE amending the 2000 budget for the City of Yakima; and making an appropriation of $44,000 in the 471 - Refuse Fund during 2000 to provide for the purchase of containers and other costs relating to the Automated /Semi- Automated Refuse Collection Pilot Program. • 12 • 6 DECEMBER 5, 2000 *18. CONSIDERATION OF ORDINANCE REZONING PROPERTY AT 2324 SOUTH 1 sT STREET REQUESTED BY THOMAS PENCE . ORDINANCE NO. 2000-59, AN ORDINANCE concerning land use and zoning, rezoning one parcel (approximately 1.33 acres) in the vicinity of 2324 and 2326 South First Street from Light Industrial (M -1) to Central Business District Support (CBDS), and amending the Official Yakima Urban Area Zoning Map accordingly. 19. OTHER BUSINESS • Information Items Items of information provided to Council were: Invitation to attend meeting regarding feasibility of passenger train service between Yakima, Cle Elum, Ellensburg, the Tri- Cities, Spokane, and Seattle; Agenda for the December 6, 2000 Community Review Board Meeting; Agenda for the December 4, 2000 Yakima Housing Authority Board meeting; Monthly Report of the Chief of Police for September 2000; Agenda for the December 4, 2000 Parks and Recreation Commission meeting and minutes of its October 9, 2000 meeting; Agenda for the December 4, 2000 Charter and Police & Fire Civil Service Commissions meeting and minutes of its September 29, and November 6, 2000 meetings; Planning Division Assignments Pending Report as of December 5, 2000; and Economic Development Digest; November 2000. 20. EXECUTIVE SESSION REGARDING PENDING LITIGATION (allow approximately 30 minutes) BEAUCHAMP MOVED AND SIMS SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS PENDING LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Buchanan absent. 21. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 6:17 p.m. READ AND CERTIFIED ACCURATE BY: e ��" / / e C•UN IL M1MBER DAT '4UNCI • ' BER DATE ATTEST: 4 CITY CLERK "MARY PLACE, MAYOR An audio and video tape of this meeting are available in the City Clerk's Office 13