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HomeMy WebLinkAbout02/19/1991 Business Meeting 310 CITY OF' YAKIMA, WASHINGTON FEBRUARY 19, 1991 • BUSINESS MEETING • 1. ROLL CALL The City Council net 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, Lynn Buchanan, George Pechtel, and Bernard Sims present on roll call. Council members Henry Beauchamp.and Skip Semon absent and excused. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Lovell also .present. 2. INVOCATION /PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by Council member Buchanan. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER None. 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 members requested that Items No. 9, 10 and 11 be added to the Consent Agenda. It was the general consensus of the Council that the addition of Items 9,.10, and 11, 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 PECHTEL, THAT THE CONSENT`AGENDA, AS READ,: BE PASSED. The motion carried by unanimous roll call vote. Beauchamp and Semon absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF MINUTES OF THE FEBRUARY 5, 1991 COUNCIL MEETING The Council minutes of February 5, 1991 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 ' William Long, 804 South 10th Avenue, requested approval to paint house numbers on curbs. Mr. Long requested exception to the 1987 ordinance allowing only non - profit or charitable organizations to provide this service. City Attorney Vanek stated that an ordinance was adopted in 1990 to regulate this activity. A copy of' the current ordinance will be mailed to Mr. Long by staff. Richard Andring, 203 S. 8th Avenue, thanked Mayor Berndt for her efforts in cleaning up the sidewalk on the corner of 8th Avenue. Referring to the staff memorandum on this issue, Mr. Andring AAD /1 FEBRUARY 19, 1991 3 1 1 suggested. that more complete information be provided in reports to Council. 7. - PUBLIC HEARING ON AMENDMENTS TO THE CITY'S FLOOD PLAIN ORDINANCE (SEE ORDINANCE) This being the date set for public hearing, Associate Planner Dan Valoff explained that the Planning De partment i requesting Council adoption of proposed amendments to the current Fl ood Pr evention Ordinance. The amendments include: - prohibiting new and substantially improved residential construction in designated floodways; - : increased development requirements for critical facilities (schools, hospitals, emergency response facilities, etc. ); - requirement that structures located in flood plains be flood proof or elevated to one or more feet above the base flood elevation; - provision to provide protection of wetlands to insure their ability to alleviate flooding impact; and - provision to provide specific development standards for placement of manufactured homes in identified flood hazard areas. Mr. Valoff stated that these amendments were prepared by City legal staff in 1989. They reviewed in a public meeting before the Regional Planning Commission in January, 1991, no significant comments were 'received. Mr. Valoff then offered to answer questions for Council members. Council member Sims asked why a map was not included to identify the area in question. Mr. Valoff replied that the flood'plains correspond with the Yakima River corridor,. the Naches River corridor and parts of Ahtanum, Wide Hollow, Bachelor and Spring Creeks. A single map has not been developed to identify all of these locations. Mr. Valoff used a wall map to generally identify the flood plain area. Council member Pechtel stated that it is imperative for Council to have an accurate map before they make a decision. Mr. Valoff stated that . a large map should be ready within the next month, and will include the entire urban area. It was MOVED BY PECHTEL, SECONDED BY BUCHANAN,,TO DEFER ACTION UNTIL A MAP IS AVAILABLE FOR COUNCIL USE. Before further action was taken, Mayor Berndt opened the public hearing, and asked_.if there was anyone present to speak to the issue. There being none, Mayor Berndt closed the public hearing. The question was called for a vote on the motion. The motion carried by unanimous voice vote. Beauchamp and Semon absent. 8. PUBLIC HEARING THE FRUITVALE ANNEXATION,. PHASE 1 (SEE ORDINANCE ANNEXING PROPERTY) Associate Planner John Elsden explained that this is a public .hearing to consider an amendment to the Fruitvale Annexation Phase I. Council approved the annexation in a reduced size at a` public hearing on January 22, 1991. Today's hearing is to consider inclusion of a portion that was eliminated at the first AAD /2 3 1 2 FEBRUARY 19, 1991 hearing. At the time of that hearing, the property owners did not wish to be included in the annexation. Mueller Hop Products has since reconsidered their position, and signed` an 'annexation petition. Mr. Elsden emphasized that this hearing is to, consider only the amended portion of the annexation area, as the balance of the annexation is complete. Mayor Berndt opened the public hearing and asked if there was .anyone present to speak to the amended portion of the annexation. Mr. Zahler, 904 North 28th Avenue, told Council that area residents did not receive notice of the annexation proceedings. He further stated that some residents are satisfied with current facilities, and do not want to be included in the annexation. They feel the fire protection and water service the City can'offer is not as good as their existing services. Mayor Berndt advised Mr. Zahler that he did not receive notice because his residence is outside of the annexation area. City Manager Zais reminded" Mr. Zahler that annexations .occur only when property owners of 75% of the assessed property valuation sign annexation petitions. Bonnie Connell, who resides in Cowiche Canyon, stated that she is concerned about fire protection when the Fruitvale Fire District is dissolved. City Attorney Vanek explained.that the agreement with the Fruitvale Fire District calls for the City to provide fire protection for five years after dissolution of the district. After that time, residents can determine they wish to continue City fire protection, join another fire protection district or form their own district. Kathy Tobin, 809 Madison, stated.that she never received a response to her request for a list of those people who signed original copies of the "Intent, to Commence." She also requested a list of the 75% majority, because she feels that most of the area residents are opposed to annexation. Ms. Tobin stated that a group of citizens have filed a petition against the annexation, based on the amended annexation violating due process., Ms. Tobin asked about notice requirements, and was advised by City Attorney Vanek that notice provisions in State law .are met through notices in the newspaper, publication of the Council agenda, and three postings in the area to be annexed. Informal notices are distributed by the Department of Community Development, although such notice is not ..required by,_ State,_law. Regarding due process, City Attorney Vanek said that statute allows the downsizing of an annexation providing that people who own 75% of the assessed valuation in the downsized area are in agreement. City Attorney, Vanek also that due process has been net public hearings held`by Council the Boundary Review Board. City Manager` Zais stated that the City's position is that due process has been legally satisfied,,and if Ms. Tobin has some other basis for challenge, it should be, presented in facts and form. Ms. Tobin stated that elderly and`low income residents are concerned that they will be forced to join sewer and water LID's. Engineering and Utilities Director Covell assured the residents that as long as wells and septic tanks are working properly, they will not be required to hook up to City utilities. However, AAD /3 FEBRUARY 19,1991 3 1 3 Department of Ecology regulations require connection to the public system if wells or'septic tanks fail. Ms. Tobin asked what' action': "the area : could take- at this "point to stop.the annexation. City manager Zais replied that this is a majority decision, and a majority of 79% support the proceedings. Mr. Zais stated that a list? •of: the :petitioners will be made available to Ms; Tobin. Associate Planner Elsden pointed out the'area in question on a map, and stated that the area under consideration today was approved by the Boundary Review Board last December. (Council member Barnett absent after 2:45 P.M.) Irene Glessner spoke on behalf of her son who owns property at 609 Fruitvale. They feel that due process has been violated, citing Title 35 of the'RCW which states that the best interest and general welfare should'be served by annexation. Mrs. Glessner does not feel that it is in the best interest to annex Fruitvale area residents who have signed petitions and do not wish to be annexed. Mrs. Glessner asked Council to not approve the annexation. She also requested a copy of the City's annexation file and a list of "the 75% of the property owners who signed petitions. Mrs. Glessner submitted a copy of a petition 'presented to the Boundary Review Board against the annexation. Bill Striegel, 1101 Hathaway, stated that he spoke at the January meeting, and that was the 'first time he realized that this annexation was underway. He received no notices, and felt that there have been some lapses in City " - procedure that —need to be addressed. Mr. Striegel also felt that the'LID letters should be rewritten to improve clarity and understanding. His major concern • • was that the City is annexing a large area, when it is unable to provide adequate service to existing City residents. He felt that perhaps the City was looking to add $35 million to the tax,base, without making allowances for adequate services. Catherine Bucheli, 1313 North 16th Avenue, spoke in opposition to the annexation. She felt that it was unfair that'a'smal1'number of property owners with higher valuation can force unwilling property owners into an annexation. Duane Bolinger, 1007 North 16th Avenue, requested a March 1st effective date if the annexation is approved. He said that a mid - month effective date would make accounting and tax reporting for his business extremely difficult. City Attorney Vanek said that it would be impossible to make the change since the date has already been set by ordinance. Planning Manager Don Skone explained that the annexation must be completed and.certified to the State prior to March 1st in order to receive property tax revenue in 1992. James Clark, 717 Madison, advised Council that he was opposed to the annexation. Irene Glessner commented that her attorney has advised Assistant City Attorney Paolella that there is a definite need to start the proceedings "over " for - -the' reasons ', stated in the letter Council She :requested that Council not proceed with this annexation at this time. , AAD /4 3 1 4 'FEBRUARY 19, 1991 There being no one else present to Mayor Berndt closed the public hearing and asked for Council direction. Ordinance No. 3339, having been read by title, it was MOVED BY SIMS, "SECONDED BY BUCHANAN, TO APPROVE. THE - ORDINANCE. The motion carried by unanimous roll call vote. Barnett, Beauchamp and Semon absent. • ORDINANCE" NO; 3339', AN ORDINANCE annexing property to the City of Yakima and 'zoning said property; and amending Ordinance No. 3336 approved on January 22, 1991 so as to include additional land within the North Fruitvale (Phase 1) annexation. * 9. REPORT FROM DEPARTMENT OF ENGINEERING AND UTILITIES ON 1990 YEAR - END STATUS OF CAPITAL IMPROVEMENT PROJECTS The report from the Department of Engineering and Utilities on 1990 year -end status of Improvement Projects was accepted. *10. CONSIDERATION OF AWARD OF'CITY'S LEGAL ADVERTISING CONTRACT (REPORT AVAILABLE TUESDAY) The City's legal advertising contract for a term of February 19, 1991 to February 18, 1992 was awarded 'to the Yakima Herald Republic. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF QUIT CLAIM DEED CONVEYING PROPERTY TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION RESOLUTION" NO. D= 58761 " A "RESOLUTION authorizing the Mayor to execute a quit claim deed conveying certain real estate to the • Young Women's Christian Association upon execution by the YWCA of a Mortgage in favor of the City of Yakima. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH YAKIMA COUNTY FOR 911 ANSWERING SERVICES RESOLUTION - NO:•D- 5877, A RESOLUTION authorizing execution of the Yakima County Department of Communications Intergovernmental Agreement for 911 Answering Services. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A LEASE WITH MR. & MRS. BENITEZ FOR PROPERTY AT 802 NORTH 2ND STREET RESOLUTION'' NO. D- 5878;"4k RESOLUTION authorizing the City Manager to execute a Month-to- month lease with Antonio and Florentina Benitez to certain property located at 802 North Second Street in the City of Yakima, Washington. * 14. CONSIDERATION OF RESOLUTION SE PING FATE OF PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR MARCH 20,1_991 ON THE ESD #105 SOUTH 2ND AVENUE VACATION REQUEST RESOLUTION' NO. D- 5879, A' RESOLUTION' fixing time for public hearing before the Hearing Examiner on -March 20, 1991 on a petition to vacate a portion of South Second Avenue, between Yakima Avenue and West Walnut Street. AAD /5 FEBRUARY 19, 1991 3 1 5 * 15. REPORT FROM DEPARTMENT; OF FINANCE "AND BUDGET ON THE STATE EXAMINERS AUDIT FOR 1989 The report from the Department of Finance and Budget on the State Examiners 1989 Audit, was accepted. * 16. CONSIDERATION OF AN ORDINANCE RELATING TO TRAFFIC ENGINEERING AND ESTABLISHING NEW SPEED LIMITS ON SO ..24TH AVENUE, BETWEEN NOB HILL BLVD. AND WASHINGTON.AVENUE AND ON 40TH AVENUE, BETWEEN ENGLEWOOD AND FRUITVALE BLVD: ORDINANCE NO.' 3340, AN ORDINANCE relating to traffic control; reducing the speed limit on South 24th Avenue. between Lila Avenue and Mead Avenue from forty miles per hour to thirty miles per hour; reducing the speed limit on South 24th Avenue between Mead Avenue and Washington Avenue from forty miles per hour to thirty - five miles perrhour; reducing the speed limit on North 40th Avenue between Englewood Avenue and Fruitvale Boulevard from forty miles per hour to thirty -five miles per hour; amending Subsections D and E of Section 9.50.370 of the City of Yakima Municipal Code; and • •repealing Subsection F'of Section 9.50.370 of the City of Yakima Municipal Code. l 17; ''OTHER: ;BUSINESS -. , _ - , y ,- ,-- , _ ., Information Items: Items of information provided to Council were: Memo from City Attorney _regarding Damage Claims Referred to Insurance Company. 2/5/91; Letter from City of Moxee regarding METRO 8 at Moxee City Council meeting of Feb. 12,- 1991. 2/6/91; Yakima Basin Update. February 1991; Article from 12/14/90 The New York Times, "Negotiators Try to Save a Plan to Combat Crime "; and Article from February issue -of Americana, "Once a Pet Peeve,'Now'a Crime ". 18. ADJOURNMENT There being no further business, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADJOURN AT THE HOUR OF 3:05 P.M. The motion carried by unanimous voice vote. Barnett, Beauchamp and Semon absent. READ AND CERTIFIED ACCURATE BY: , COUNCIL EMBER D J' "' , r 7 � r COUNCIL o%.+ BBR DAT ATTEST: - fjGlJuz'v� 4 / -111 (2 .e i`�r -) ' CITY CLERK MAYOR - . Minutes - prepared by Deputy City Clerk Lovell AAD /6