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Home My WebLink About01/22/1991 Business Meeting 282 • • CITY OF YAKIMA, WASHINGTON JANUARY 22, 1991 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 Pat Berndt, presiding, Council members Clarence Barnett, Henry Beauchamp,. Lynn Buchanan, George Pechtel, Skip Semon and Bernard present. on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Lovell also present. • 2. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was given by Council member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt read a proclamation designating January 20 -26, 1991 as Dr. Martin Luther King, Jr. Week in the City of Yakima. On behalf of the Council, Mayor Berndt encouraged community efforts to honor a great humanitarian and reaffirm his ideals. 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Council member Sims requested that Item No. 10 be added to the Consent Agenda. A citizen requested that Item No. 9 be removed from the Consent Agenda. It was the consensus of Council that the addition of Item No. 10 and the deletion of Item No. 9, as requested, be made. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT. AGENDA, AS READ,:' BE PASSED. 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. APPROVAL OF MINUTES OF THE DECEMBER 11, AND 14 1990 ADJOURNED MEETINGS AND JANUARY 8, 1991 COUNCIL MEETING The Council minutes of December 11 and 14,' 1990 Adjourned meetings and January 8, 1991 Council meeting were approved, having been duly certified accurate by two Council members, and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION Bill Hambelton asked Council to consider utilization of the meter reader computers to track information on street and sidewalk conditions. Mr. Hambelton felt this would be a practical application of the computer system, since the entire city is AAD /1 • JANUARY 22, 1991 2 8 3 • dovered•by the•meter readers once every two months.' Mayor - Berndt thanked Mr. Hambelton for his suggestion. 7: PUBLIC HEARING'ON SCENIC DRIVE/NO. 54TH AVENUE' ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY) • This being the time set for public hearing, Associate Planner John Elsden stated that staff had nothing to add to the written report at this time. Mayor Berndt opened the public - hearing and asked if there was anyone present to speak regarding the annexation. There being 'none, Mayor Berndt closed the public,hearing. Ordinance No. 3335, having been read by title, it was.MQVED BY BEAUCHAMP, • - SECONDED BY BUCHANAN, TO ADOPT_ THE ORDINANCE' APPROVING THE ANNEXATION. The motion carried by unanimous roll call. -vote. ORDINANCE NO. 3335, AN ORDINANCE annexing property to the City of Yakima and zoning said property. 8. PUBLIC HEARING ON FRUITVALE PHASE I ANNEXATION. (SEE ORDINANCE ANNEXING PROPERTY) This being the time set for public hearing, Associate Planner John Elsden'stated that staff had nothing to add to the written report at this time. Referring to a letter from Cook Enterprises, Council member Sims asked if 3465 Old Naches Highway is located in the proposed annexation area." Mr: Elsden that the address is not in the annexation area, but the company may own other property in the area. Council member Beauchamp requested improved maps for Council 'packets. Mr. Beauchamp suggested more readable street names, and Council member Sims requested that all maps be oriented with North on the top of the page. Associate Planner Elsden replied that are planned in the GDMS system, and will be implemented as soon as possible. In response to questions from Council, Mr. Elsden explained that Mueller Hop Products will be • eligible'for annexation in about twoyears. - .".T Mayor' Berndt opened 'the" T public hearing and : - asked •if there was anyone present to speak regarding the - annexation. On behalf of several citizens who wish to remain in-the County, Bruce Johnston, 1706 West "O "Street, asked if they would -have ; any recourse if the annexation is approved today. Mayor Berndt explained that it is impossible to exclude individual parcels since State law prohibits . County islands within'' annexations: - :Charlene Smith,' 2001 Evergreen Court, asked if the City will work with the residents of Aspen Village to ensure that the project's development requirements are completed. Community and Economic Development Director Glenn Rice replied that the City will not enforce any private restrictive covenants, but will follow through with the requirements of the Urban Area Zoning Ordinance. Dan Cypher, Manager Merri Acres Mobile Home Court, 1418 Hathaway, asked about requirements to connect to City water after annexation.• Engineering:and Utilities Director Denny Covell explained the process, and offered to meet with Mr. Cypher.to address his concerns. Margaret Paulson, 709 Hathaway, spoke in opposition, stating that she would not benefit from' the annexation. Mayor Berndt reminded Mrs. Paulson that 77% of the area residents had signed annexation petitions, and assured her that she could expect improved police protection. Mayor Berndt AAD /2 2 8 JANUARY 22, 1991 directed. Associate Planner Elsden to provide Mrs. Paulson with a list of the residents supporting the annexation. Bill Striegel, 1311 Hathaway, spoke in opposition, stating that the current aggressive annexation policy is outpacing the City's ability to provide adequate services to new residents. Bruce Johnston, 1706 West "O" Street, asked for clarification of fire protection service for the annexation area. Fire Chief Beeson said that an agreement • has been signed with the Fruitvale Fire Protection District, and the Department is committed to maintaining.and improving the high quality of-service. Chief Beeson offered to meet with Mr. Johnston if he, has questions or desires additional information. Carlo r- Feriante;'1621 Hathaway, asked if residents will be required to 4 abandon 'septic tanks" and cohnect''to Berndt . replied that functioning septic systems may remain ''in operation. However, State and County Health Department regulations require connection to available sewer:in the event of septic tank failure. Mayor Berndt asked if there was anyone else present wishing to speak. There being none, Mayor Berndt closed the public hearing. Ordinance No. 3336, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE ORDINANCE APPROVING THE ANNEXATION. The motion carried by 6 -0 roll call vote. Beauchamp abstaining because he is affected by the annexation. On behalf of Council, Mayor Berndt welcomed the area residents into the City. ORDINANCE NO. '3336, AN ORDINANCE annexing property to the City of Yakima and - zoning said property. 9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF RENEWAL CONTRACTS WITH FIRE DISTRICTS FOR DISPATCHING SERVICES John Klingele, 1312 West Walnut, suggested an amendment to the Contract to delete Fire' District #13, which has been dissolved. ' City Attorney Vanek agreed that Fire District . #13 should not be included in the contract, since the District is no longer in operation. It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO STRIKE FIRE PROTECTION DISTRICT #13 FROM THE FIRE " SERVICES CONTRACT. The motion carried by unanimous voice vote. Resolution No. D -5866, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION. The motion carried by unanimous voice vote. - RESOLUTIOT NO. D-5866, A RESOLUTION authorizing the execution of a Fire Communications Contract with the Cities of Selah and Union Gap and Yakima County Fire Protection Districts 1, 2, 3, 4, 6, 9, 10, 11 and 12. - - *10 CONSIDERATION OF RESOLUTION AUTHORIZING AN INTER -FUND LOAN FOR THE • COALITION FOR THE WAR ON DRUGS RESOLUTION NO. D -5867, A RESOLUTION authorizing an •Interfund loan from 551 - Equipment Rental Fund to the 630- Coalition for the War on Drugs • Fund, and providing for repayment. - *11: CONSIDERATION OF LEGISLATION RELATING TO POSITIVE TOURIST PROMOTION CAMPAIGN AAD /3 JANUARY 22, 1991 2 8 5 • A. RESOLUTION AUTHORIZING EXECUTION OF TOURIST. PROMOTION AGREEMENT WITH THE YAKIMA VALLEY VISITORS AND CONVENTION BUREAU RESOLUTION NO. D -5868, A RESOLUTION authorizing and directing the City. Manager and City Clerk of the City of Yakima t� execute an agreement with the Yakima Valley Visitors and Convention Bureau for the management of the Center and - tourism promotion. B. FIRST READING OF AN ORDINANCE AMENDING THE 1991 BUDGET AND APPROPRIATING FUNE6 FOR TOURIST PROMOTION CAMPAIGN (NO FORMAL . . _- .ACTION REQUIRED THIS [FETING) An Ordinance amending the 1991 Budget and appropriating funds for the•Positive Promotion of Yakima Campaign.having been read by title only, was laid on the table for two weeks, until February 5, 1991. 12. OTHER BUSINESS Council member Pechtel stated that he has been contacted regarding ` City. sponsorship of a rally to show support of the troops in the Middle East. Council members were interested in the concept. Mayor Berndt will forward names interested private citizens to Council member Pechtel, and he will begin the planning process. Information Items: Items of information supplied to Council were: Letter from Patti A. Schneider regarding proposed water slide at Franklin Pool. 1/12/91; Memo from Cable Communications Manager regarding Tentative Cable_ TV. Franchise Negotiation Schedule. 1/17/91; Memo . • from Cable Communications Manager regarding Changes in Local Cable Television Rates. 1/10/91; Announcement of Alliance Spring Conference, April 24 -26', 1991 in Vancouver, Washington. 1/4/91; Monthly Report.from Legal Department for December .1990; Report from :.Personnel, .Division ,regarding., • 1990 _Hiring ,Status as of December 31, 1990; 'Agenda 'for .January 14, 1991 Parks and Recreation_• Commission meeting.and minutes of.,its. 10, 1990 meeting; Minutes of the September 9 and October 10, 1990 Safety and Health Committee meetings; Agenda for the January 24, 1991 Civil Service Commission meeting and minutes of its'January 3, 1991 meeting; ,and Letter from Washington Association of Realtors to The Honorable Shirley Winsley inviting her to the Government Affairs Luncheon with Dixie Kracht, Yakima's Block Grant Manager, as the guest.speaker. 1/7/91 13. _ EXECUTIVE.,. SESSION ,REGARDING ,,PROSPECTIVE LITIGATION, DISPOSITION OF PROPERTY ,AND_PERSONNEL /P,ROFESSIONAL SERVICES -. c It was MOVED BY SIMS, SECONDED BY BUCHANAN;.TO MOVE ,INTO EXECUTIVE SESSION, AND TOO RECONVENE FOLLOWING THAT'' MEETING TO CONSIDER LEGISLATION " RELATING Tn THE' DISPOSITION OF PROPERTY,.', The notion carried .by unanimous voice vote,'and the.theeting was adjourned into Executive Session at 2:35 P.M. AAD /4 2 8.6 JANUARY 22, 1991 � 14. CONSIDERATION OF LEGISLATION RELATING TO DISPOSITION OF PROPERTY (IF APPROVED.IN EXECUTIVE SESSION) Following Executive Session, the meeting reconvened at 3:05 P.M. A. A RESOLUTION AUTHORIZING OF A QUIT DEED TO AMIKAY .DEVELOPMENT COMPANY, JACK AND .SHIRLEY.'BARKER, YAKIMA BOWLING CENTER, INC., AND FIRST INTERSTATE BANK'FOR PROPERTY IN THE VICINITY OF RAINIER PLACE City Attorney Vanek explained that this Resolution authorizes the sale of a 10 -foot wide strip of property in front of six properties along the north side of Rainier Place in the City of Union Gap. It has been discovered that an old deed.possibly gives the City a fee title to these six parcels. The Council.may elect to convey the fee title, while retaining- an irrigation.easement in favor of New Schanno Ditch Company, upon receipt of a total amount of $11,558.70. This fee represents $4 per square foot, discounted by 75 %. The condition of conveyance would be that the City would not release any of the deeds until the total fee is received. Three deeds would then be conveyed to Amikay Development Company, and one deed each to Jack and Shirley Barker, Yakima Bowling Center and First Interstate Bank. Morrie Shore, Attorney for Amikay, requested clarification of the fee structure. He then stated that his client will review the offer, given the legal uncertainty of the situation. Gene Mayer, 509 East Lincoln, thanked Council for their consideration of this matter. Mr-.- - Mayer requested that the properties be considered..separately rather than requiring full payment before, conveyance. The City legal staff recommends that the City only sell the strip as a whole to keep title clear. Council members. Semon and Pechtel felt that, it was unreasonable for the City to expect a single.- property owner to pay the full fee in - order to sell a single. parcel. As an.alternative,' City Attorney `Vanek stated that the Council could authorize•sale according to the listed .owners in specific amounts. It was MOVED 'BY SEMON, SECONDED :BY PECHTEL, TO"'HANDLE THESE ,TRANSACTIONS °INDIVIDUALLY. Resolution No. D -5869, having been read by title, it was MOVED BY BARNE'ZT, SECONDED BY '' PECHTEL .. TO .. ADOPT:: ` .THE RESOLUTION. City Attorney Vanek stated the_ resolved portion of the resolution would read, "it is resolved the Mayor and City Clerk, are hereby authorized to execute the attached and incorporated quit claim deeds, and it is further resolved that the City Attorney deliver the quit claim.-deeds to the respective. landowners upon the receipt of the amount set forth below: Amikay - $7,158; Barker - $2,650; Yakima Bowling Center - $250; and First Interstate Bank - $1500. Council member Pechtel felt a time limit should be imposed on the fee schedule.; It was MOVED 'BY PECHTEL, SECONDED'BY SIMS, THAT THE RESOLUTION`'- YEAR AFTER ITS The motion carried . ..by, unanimous .voice.. vote. The question was called for a° vote on the amended motion. The motion.carried b roll call vote. RESOLUTION . NO. D- 5869 - , ` .A '"RESOLUTION ""'autt on z ing ` the Mayor to execute four Quit Claim Deeds for certain property located in the vicinity of Rainier place 16 Union Gap, Washington. AAD /5 JANUARY 22, 1991 2 8 7 15. ADJOURNMENT It was MOVED BY BEAUCHAMP, SECONDED BY SEMON, TO RECONVENE INTO EXECUTIVE SESSION TD CONSIDER DISPOSITION OF PROPERTY AND PERSONNEL/PROFESSIONAL SERVICES, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO 11:30 A.M., JANUARY 29, 1991, AT THE HOLIDAY INN FOR A MEETING WITH YAKIMA COUNTY DEVELOPMENT ASSOCIATION. The motion carried by unanimous voice vote. Following completion of the Executive Session, the meeting was adjourned at 3:50.P.M. READ AND CERTIFIED ACCURATE BY: _47 - 6„ aim 1 0 NCIL ∎ EMBER _ - DATE U lq Co CIL mnE` DATE ATTEST: l e-4611 -•-& 1 Pa-t CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Lovell. , • • • • • AAD /6