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HomeMy WebLinkAbout06/19/2001 Business Meeting 235. CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JUNE 19, 2001 - 2:00 P.M. 129 NORTH 2 STREET - COUNCIL CHAMBERS 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Puccinelli, and Bernard Sims Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts Absent: Larry Mattson (excused) 2. INVOCATION /PLEDGE OF ALLEGIANCE Council Member Puccinelli gave an Invocation; followed by the Pledge of Allegiance led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER/SPECIAL PRESENTATION Mayor Place welcomed two local teachers, Richard Duarte from Selah High School, and Bruce Elvington from Stanton Alternative School, who are spending time with the City through the Chamber of Commerce Teacher Exchange program. A. PROCLAMATIONS (IF APPLICABLE) B. SPECIAL PRESENTATION TO INTRODUCE HISTORIC DISTRICT DEVELOPMENT CORPORATION DELEGATES FROM ATLANTA, GA Mtamanica Youngblood, President of the Historic District Development Corporation in Atlanta, Georgia, and Richard Laub of the Georgia State Historic Preservation Division, were introduced to the Council. They were visiting Yakima and had been given a walking tour by Maude Scott. They were also giving public presentations at Davis High School and the Women's Century Club. Ms. Scott said that a part of their visit was to assist in the continuation of the plan to relocate the Richey House. She advised that Yakima Neighborhood Health will be relocating the Richey House. She extended thanks to Council Members Beauchamp and Sims for their assistance in this project. Ms. Scott also introduced Michael Hauser, a Washington State Preservation Officer. 236.. JUNE 19, 2001 C. PRESENTATION OF HEROISM AWARD TO JENNIFER NORTON, FIRE LIEUTENANT Fire Chief Gillespie presentated a plaque to Lt. Jennifer Norton and her crew, Mark Ancira and Lanny Bonsen, for their heroic efforts in rescuing two -year old Deltay Ridick from inside his burning home. Deltay's family also presented Lt. Norton with a Certificate of Appreciation. 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. By general consensus, changes made were: Item No. 11 was removed from the agenda; Item No. 10 was modified to remove the chemical feed pump from the surplus list; an interlocal agreement approved by Selah and Union Gap was provided for Item No. 18; and the ordinance in Item No. 20 was amended in Section 1.18.081 to change customer services manager to code administration and planning manager. Item No. 24A., Community Service Projects, was added to the agenda. 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; Mattson absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. APPROVAL OF THE MINUTES OF THE JUNE 5, 2001 BUSINESS MEETING The minutes of the June 5, 2001 Business meeting was approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 5. AUDIENCE PARTICIPATION Lynne Kittelson, 305 North 9 Street, announced that a facilitated workshop on long range planning for graffiti elimination will be held at 5:30 p.m. at the Senior Center. Lou Hudec, 2909 Powerhouse Road, asked Council if an exception could be made to the ordinance requiring him to pay for refuse service even though he does his own private hauling. He requested the exception for one year to give him time to amend his rental agreement with his tenants. Staff was directed to bring back legislation to amend the ordinance and allow Mr. Hudec one year to change his tenant's agreement and privately haul refuse and not be charged for city service. Phil Pleasant, 1202 Fair Avenue, asked why he was left out of the discussion on the sports complex since he lives in that area. He wanted to know how his community will benefit and how the neighborhood will be impacted by traffic. He also asked for the opportunity for black people to get involved in this project. 2 237 JUNE 19, 2001 PUBLIC HEARING 6. PUBLIC HEARING ON THE 2002 - 2007 SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (SEE RESOLUTION ADOPTING 6 -YEAR TIP) • Staff explains the TIP Kay Wendell Adams, City Engineer, stated the program contains projects over a six year period with specifics for the next three years. He said they have been able to secure several grants and other funding for a number of these projects. He noted that all projects funded by federal dollars are required to be listed in this plan. He said there are two additional projects, not on the list, that the Council may wish to add; traffic control improvements for 6 Street, Lincoln and B intersections, and 8 Street, Lincoln and B intersections. SIMS MOVED AND PUCCINELLI SECONDED TO ADD THE INTERSECTIONS AT 6 STREET, LINCOLN AND B AND 8 STREET, LINCOLN AND B, TO THE SIX YEAR TIP. The motion carried by unanimous voice vote, Mattson absent. • Mayor Place opened the public hearing Charles Esparza, 1806 South 11 Avenue, asked why 11 Avenue wasn't paved in the 1800 block. He was advised about limited street funds and priorities and it was suggested he look into a Local Improvement District. He was referred to Bill Cook, Director of Community and Economic Development, for further information. Lynne Kittelson, 305 North 9 Street, expressed her hope that the bus stop across from the Gateway Plaza in the Lincoln Avenue area be included under priority #16. • Mayor Place closed the public hearing The City Clerk read the resolution by title; BUCHANAN MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION AS AMENDED. The motion carried by unanimous roll call vote; Mattson absent. CITY MANAGER'S REPORTS 7. CONSIDERATION OF REPORT FROM TRAFFIC ENGINEERING IN RESPONSE TO PETITION FROM EISENHOWER HIGH SCHOOL FOR TRAFFIC SIGNAL AT 40 AND ARLINGTON AVENUES • Staff presents recommendation Shelley Wilson, Streets & Traffic Operations Manager, recommended to temporarily place traffic control measures on Arlington Avenue to narrow it down to two lanes from three. She recommended putting barrels out on the street first and signs requiring traffic coming out to turn right only onto 40 Avenue. This would 3 • 23 JUNE 19, 2001 take one of the conflicting movements out of the intersection. This was recommended for a year and if it works, to then install permanent control devices. The intersection does not meet warrants for a traffic signal. • Citizens plead their case Chuck Bodeen, 702 South 40 Avenue, Vice Principal and Athletic Director for Eisenhower High School, said he was the Committee Chairman of the Safety Committee and they were concerned about safety when exiting from Arlington Avenue onto 40 Avenue. Diane Murphy, 6008 Scenic Drive, Tyler Kinder, Eisenhower student body officer, and Karla Dickson, PTA president, all spoke to the safety issue. They said the school district does not have the funds to pay for a signal light. They expressed concern about the proposed solution causing more congestion on Arlington Avenue and Nob Hill Boulevard. Ken Bischoff, a teacher at Eisenhower High School, expressed his concern that this intersection is a "fatality waiting to happen ". There was discussion about the safety of children versus the lack of funding. It was suggested by Council that the idea of staggered schedules be looked into. It was also suggested that these individuals get together with the school board to try to develop an alternate resolution. BUCHANAN MOVED AND PUCCINELLI SECONDED TO IMPLEMENT STAFF'S RECOMMENDATION. The motion carried by unanimous voice vote; Mattson absent. 8. CONSIDERATION OF REPORT FROM TRAFFIC ENGINEERING RE TRAFFIC CONTROL OPTIONS AND SAFETY ISSUES ON SOUTH 14 STREET • Staff reports on options Shelley Willson, Traffic and Operations Manager, explained they looked at several areas of unpaved streets. In direct response to the request they are adding another speed limit sign on the street. She advised the City is spending approximately $12,000 a year for dust abatement and the cost to pave a street such as this is about $105 a running foot. That cost only includes asphalt and doesn't consider any other items that may need to be installed. She said speed bumps are impractical on an unpaved road. In response to the request for a speed reduction, she recommended an analysis be done for all the unpaved roads, of which there are 22 miles. • Mr. Parker and Mr. McKinley reiterate their request Bobby Parker, 1410 S. 14 Street, asked why their street couldn't be paved, without worrying about putting in curbs or proper drainage, like was done on 15 16 and 17 Streets. They were done as a result of putting sewers in. He complained, again, about the lack of police patrols in the area. City Manager Zais explained about the limited manpower of the police department that doesn't allow for patrolling. He suggested Mr. Parker do a "ride -a -long" with the 4 JUNE 19, 2001 239 police to get a better understanding of the demands on them. He also explained that the funding is just not available to invest in these streets and the streets he mentioned were part of a sewer installation project Staff was directed to do research on lowering the speed limit in the area. 9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH A & A MOTOR COACH TO CONTINUE OPERATION OF FIXED ROUTE #3 SERVICE TO SEPTEMBER 30, 2001 Chris Waarvick, Director of Public Works, explained this resolution covers an extension of the existing agreement to allow staff the time to put a bid package together for the three -year contract. The City Clerk read the resolution by title; BARNETT MOVED AND BEAUCHAMP SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 4 -2 roll call vote; Sims and Buchanan voting nay; Mattson absent. RESOLUTION NO. R- 2001 -98, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to extend an agreement with A & A Motorcoach, Inc. whereby said entity shall operate City of Yakima Transit Division Fixed -Route #3 for a period of three additional months ending midnight September 30, 2001. *10. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF SURPLUS AIR CONDITIONING EQUIPMENT TO YAKIMA COUNTY • The chemical feed pump was removed from the surplus list. RESOLUTION NO. R- 2001 -99, A RESOLUTION authorizing the sale of a Conductivity Meter to Yakima County. 11. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF SURPLUS EXTRACTOR TO THE NILE - CLIFFDELL FIRE DEPARTMENT This item was removed from the agenda. *12 CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICE AGREEMENT WITH MARSH ADVANTAGE AMERICA ON A TEMPORARY BASIS FOR INSURANCE BROKER SERVICES RESOLUTION NO. R- 2001 -100, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an extension of the Broker /Risk Management Services Agreement with Marsh Advantage America, Incorporated. *13. CONSIDERATION OF RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE IAC FOR KIWANIS PARK EXPANSION RESOLUTION NO. R- 2001 -101, A RESOLUTION authorizing the City Manager to execute and file a funding assistance application for a Washington Wildlife and Recreation Program ( "WWRP" project to the Interagency Committee for Outdoor Recreation ("IAC") as provided in Chapter 79A.15 RCW, Acquisition of Habitat 5 240 JUNE 19, 2001 Conservation and Outdoor Recreation Lands and all other applications, agreements, amendments and documents for the purpose of acquiring land to expand Kiwanis Park. *14. APPROVAL OF FIRST QUARTER 2001 CAPITAL IMPROVEMENT PROJECTS STATUS REPORT The First Quarter 2001 Capital Improvement Projects Status Report was approved and accepted. *15. APPROVAL OF FIRST QUARTER 2001 TREASURY REPORT The First Quarter 2001 Treasury Report was approved and accepted. *16. APPROVAL OF FINAL CONTRACT PAYMENTS FOR (ADOPT STANDARD MOTION V -B): A. PROJECT NO. 1920, AIRPORT DEMOLITION PROJECT, PERFORMED BY DURAND'S INC. The report from the City Engineer, dated June 12, 2001, with respect to the completion of the work on the Runway 27 Safety Area Improvement, Phase I, Project No. 1920, performed by Durand's, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. PROJECT NO. 1813, WHISTLE BAN PILOT SAFETY PROJECT, PERFORMED BY SUPERIOR PAVING COMPANY (AMENDED FINAL CONTRACT PAYMENT) The report from the City Engineer, dated June 12, 2001, with respect to the completion of the work on the Whistle Ban Pilot Safety Project No. 1813, performed by Superior Paving Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. C. PROJECT NO. 1886, 2000 STREET OVERLAY PROJECT, PERFORMED BY SUPERIOR PAVING COMPANY The report from the City Engineer, dated May 15, 2001, with respect to the completion of the work on the 2000 Street Overlay — Yakima Avenue — 1 Street — 3 Street, Project No. 1886, performed by Superior Paving Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *17. SET DATE OF CLOSED RECORD HEARING FOR JULY 17, 2001 TO CONSIDER APPEAL OF HEARING EXAMINER DECISION DENYING APPEAL OF NOTICE OF NONCOMPLIANCE FOR ILLEGAL DWELLING AT 1103 SOUTH 32 AVENUE, FILED BY CHRISTOPHER LANDREAU July 17, 2001 was set as the date for a closed record hearing to consider an appeal filed by Christopher Landreau of the Hearing Examiner's decision denying the appeal of a Notice of Noncompliance for an illegal dwelling at 1103 South 32 Avenue. 6 2 4,1 JUNE19, 2001 ORDINANCES 18. CONSIDERATION OF LEGISLATION RELATING TO PUBLIC FACILITIES • DISTRICT: A. ORDINANCE APPROVING FORMATION OF REGIONAL PUBLIC FACILITIES DISTRICT City Manager Zais commended the City Council, and the Finance and Legal Divisions for their efforts in bringing this about. Rita Anson, Director of Finance and Budget, explained the Public Facilities District Board noting there is one member appointed by Selah, one by Union Gap, one by the City of Yakima, and four at -large positions appointed by the City Council for a total of seven members. There is an urgency at appointing this board in order to meet the July 31s deadline to submit the request to transfer sales tax credit to the PFD effective September 1, 2001. It was the consensus of Council that the normal Boards and Commissions procedure be followed having citizens submit their applications to the City Clerk to be reviewed by a Council subcommittee with recommendations to Council. Connie Upton, on behalf of Kathy Coffey of the Yakima Convention Center, requested a representative from the Convention Center Advisory Board sit on the selection committee. She advised that Mr. Mel Lewis has volunteered for that position. The Council subcommittee will consist of Larry Mattson, Mary Place, and Bernie Sims. Council Member Beauchamp emphasized the • importance of having an ethnically diverse board. The City Clerk read the ordinance by title; SIMS MOVED AND BUCHANAN SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Mattson absent. ORDINANCE NO. 2001 -28, AN ORDINANCE of the City of Yakima, Washington, approving an interlocal agreement with the Cities of Selah and Union Gap to form the Yakima Public Facilities District pursuant to RCW 35.57.020. B. RESOLUTION AUTHORIZING EXECUTION OF DESIGN DEVELOPMENT, CONSTRUCTION, FINANCING, AND OPERATIONS AGREEMENT C. RESOLUTION AUTHORIZING EXECUTION OF LEASE OF CONVENTION CENTER TO THE PUBLIC FACILITIES DISTRICT The City Clerk read the resolution, which consolidated Items B. and C., by title only; SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Mattson absent. RESOLUTION NO. R- 2001 -102, A RESOLUTION of the City of Yakima, Washington, approving the lease of the Yakima Convention Center to the Yakima Regional Public Facilities District; and approving an agreement between the City and the Yakima Regional Public Facilities District for the purpose of financing, expanding, operating and maintaining the Yakima Convention Center. 7 242. JUNE 19, 2001 Staff was directed to run ads in the local newspaper advising of the formation of this board and soliciting applicants. 19. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE REGULATING THE PLANTING, MAINTENANCE AND REMOVAL OF TREES The City Clerk read the ordinance by title only, PUCCINELLI MOVED AND SIMS SECONDED TO TABLE THE ORDINANCE INDEFINITELY. The motion carried by unanimous voice vote; Mattson absent. *20. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE TO TRANSFER ANIMAL CONTROL DIVISION TO CODE ENFORCEMENT AND PARKING ENFORCEMENT TO THE POLICE DEPARTMENT ORDINANCE NO. 2001 -29, AN ORDINANCE relating to administrative departments of the City; amending Sections 1.18.030, 1.18.060 1.18.080, 1.18.081 and 1.18.017 of the City of Yakima Municipal Code. *21. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE TO MAKE MALICIOUS MISCHIEF BY GRAFFITI, SHOPLIFTING, PETTY LARCENY AND STEALING PETS A GROSS MISDEMEANOR ORDINANCE NO. 2001 -30, AN ORDINANCE relating to public safety and morals; making malicious mischief by graffiti, shoplifting, petit larceny and stealing pets gross misdemeanors, and amending the City's animal cruelty ordinance to conform to state law, and clarifying the place of occurrence for violations of protective orders; and Enacting as new sections, sections 6.05.075 and 6.20.175 and amending sections 6.04.235, 6.68.010, 6.68.050, 6.20.180 and 6.20.120; all of the City of Yakima Municipal Code. *22. CONSIDERATION OF ORDINANCE ADOPTING REVISED CITY COUNCIL DISTRICT BOUNDARIES ORDINANCE NO. 2001 -31, AN ORDINANCE relating to election of City Council Members; designating and describing City Council Election Districts by the adoption of an election district map; assigning City Council "district position numbers "; and amending Chapter 1.04, "City Council Election Districts, " and Sections 1.04.020, and 1.04.030 of the City of Yakima Municipal Code. CLOSED RECORD PUBLIC HEARING 23. CLOSED RECORD PUBLIC HEARING TO CONSIDER THE HEARING EXAMINER'S DECISION ON REZONE OF PROPERTY LOCATED AT 2907 AND 3001 W. NOB HILL BOULEVARD REQUESTED BY MICHAEL DURALL • Staff explains the issue Bruce Benson, Associate Planner, explained this was a closed record public hearing on two parcels of land for a non - project specific rezone from R -2, two - family residential, to B -2, local business district. The Hearing Examiner held a 8 243 JUNE 19, 2001 public hearing on May 10, 2001 and subsequently recommended approval. Staff supports that recommendation and also recommends Council direct the Legal Division to prepare the appropriate legislation. Council members had no disclosures to make with regard to this property. • Mayor Place opened the Public Hearing Fred Witham, 3601 Richey Road, concurred with the Hearing Examiner's ruling. Lynne Kittelson, 305 North 9 Street, spoke in opposition to this rezone, complaining that putting businesses in residential areas contaminate the traditional neighborhoods. She urged that before any more businesses are allowed in residential areas, planning be done to come up with a mixed -use ordinance that would allow business, residential, and multi - family dwellings in the same area in an aesthetically pleasing way. • Mayor Place closed the Public Hearing PUCCINELLI MOVED AND BUCHANAN SECONDED TO ACCEPT THE HEARING EXAMINER'S DECISION AND DIRECT LEGAL TO PREPARE THE PROPER LEGISLATION. The motion carried by unanimous roll call vote; Mattson absent. 24. OTHER BUSINESS A. CONSIDERATION OF COMMUNITY SERVICE PROJECTS Bill Cobabe, Neighborhood Development Services Manager, explained that there had been $100,000 approved in this year's CBDG budget for community service projects but they had received requests totaling $185,759. The Council Committee had reviewed the requests and submitted a proposal dividing the available funds. There was detailed discussion about the requests versus the recommended distribution. Luz Gutierrez and two students who have participated in the program spoke in favor of the request from RCDA. City Manager Zais recommended staff go back to the block grant budget overall to try and reapportion additional funds to support some of the requests. SIMS MOVED AND BUCHANAN SECONDED TO FUND BEST SELF AT $35,000 AND THE CHAMBER AT $5,000 AND THE REMAINDER BE REVIEWED AND RESUBMITTED. The motion carried by unanimous voice vote; Mattson absent. • Housing Authority Board vacancy Council Member Sims explained the Housing Authority Council Committee had reviewed applicants and were recommending a candidate from U.S. Bank, Filiberto Valero. COUNCIL MEMBER SIMS MOVED AND BUCHANAN SECONDED TO APPOINT FILIBERTO VALERO TO FILL THE VACANCY. ON THE HOUSING AUTHORITY BOARD. The motion carried by unanimous voice vote; Mattson absent. 9 244 JUNE 19, 2001 25. EXECUTIVE SESSION REGARDING PENDING LITIGATION (ALLOW APPROXIMATELY 60 MINUTES) SIMS MOVED AND BUCHANAN SECONDED TO MOVE INTO EXECUTIVE SESSION WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Mattson absent. 26. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 5:55 p.m. i READ AND CERTIFIED ACCURATE BY: �I' _ _ / r /Q Qy ilhUNCIL MEMW A ' it 411/ ? 4 1If / /.5 01 ,Ao 1 :M:E' DATE ATTEST: CITY CLERK MARY PLACE, MAYOR Minutes prepared by Linda Watkins. An audio and video to e of this meeting are available in the City Clerk's Office 10