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Home My WebLink About04/23/1991 Business Meeting 373 CITY OF YAKIMA, WASHINGTON APRIL 23, 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, Councilmembers Henry Beauchamp, Lynn Buchanan, and Skip Semon present on roll call. Councilmember George Pechtel present after 2:10 P.M. Councilmembers Clarence Barnett and Bernard Sims absent and excused. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Lovell also present. 2. INVOCATION The Invocation was given by Councilmember Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER During 1991 Budget review, the legality of City membership in the Greater Yakima Chamber of Commerce was questioned. Based on the opinion issued by the City legal department, it was MOVED BY SEMON, SECONDED BY BEAUCHAMP,'THAT INSTEAD OF A CITY MEMBERSHIP, THE CITY ' SPONSOR CHAMBER MEMBERSHIPS FOR THREE STAFF MEMBERS INVOLVED IN ECONOMIC DEVELOPMENT (CITY MANAGER ZAIS, *ASSISTANT CITY MANAGER STOUDER, AND COMMUNITY DEVELOPMENT DIRECTOR RICE) AND TWO COUNCILMEMBERS, FOR A TOTAL OF FIVE MEMBERS. Chamber President Dave Miller suggested the City consider a contractual relationship with the Chamber. (Councilmember Pechtel present after 2:10 P.M.) Councilmember Semon withdrew his motion; Councilmember Beauchamp • withdrew his second. Mr. Semon and Mr. Miller will investigate the possibilities, and return to Council with further plans. Mayor Berndt reminded Council of,•several` events scheduled for Thursday •evening: the Chamber of Commerce recognition dinner for Bill Robertson, the County PTBA, meeting and the homecoming of Bravo Company. Since Council attendance is important at all functions, Mayor Berndt requested that individual members advise her which events they will be able to attend. 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. It was the consensus of Council that the addition of Items No. 8, 11 and 18, as requested, be made. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, THAT THE CONSENT AGENDA, AS READ, BE PASSED. The motion carried by unanimous roll call vote; Barnett and Sims absent. .(Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) AAD /1 3 7 4 APRIL 23, 1991 *5. APPROVAL OF THE MINUTES OF THE APRIL 9, 1991 COUNCIL MEETING The Council minutes of - the - April 9, 1991 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 Caroline Bryan, 609 South 26th Avenue, presented a drawing illustrating traffic problems in the vicinity of South 26th Avenue and Tieton Drive. Her request for the City to maintain the .easement and resolve the traffic problem was referred to staff. 7. PUBLIC MEETING TO CONSIDER HEARING EXAMINER DECISION CN VACATION OF RIGHT -OF -WAY IN VICINITY OF SOUTH 2ND AVENUE, CHESTNUT AND WALNUT AVENUES, REQUESTED BY ESD #105 This being the date set for public meeting, Associate Planner Dan Valoff stated that the Hearing Examiner conducted a public hearing on the vacation request on March 20, 1991. Mr. Valoff had nothing to add to the staff report, but offered to answer questions. Councilmember Buchanan stated that the map provided by staff did not adequately identify the area in question. Mr. Buchanan was also concerned with the City policy of giving away valuable property, and the possibility of creating traffic problems if the ' 'street is narrowed: "Planning Manager Skone clarified-that ESD #105 is attempting'tb provide off= street'parking for clients, although the facility• exempt from'parking requirements_ in the Urban Area Zoning Ordinance. Jerry Henderson,' 309 North 35th Avenue, addressed . Council on behalf of 'the ,Yakima Interurban Lines Association. He said that Second Avenue has one of the last pieces of the.YVT Interurban Trolley track still in the street, and it is some of the best trolley track left in the United States. Since this is the only remaining track that could provide access to the " downtown area and Track 29, Mr.'Henderson asked Council to review the impact that the proposed vacation would have on the track. It was MOVED BY "PECHTEL, SECONDED BY BEAUCHAMP - TD . 'CONTINUE' THE PUBLIC MEETING TO °MAY : . 7,:1991 . AND DIRECT STAFF "TO PROVIDE " MORE ACCURATE MAP FOR COUNCIL REVIEW. The . motion carried by unanimous voice vote; Barnett and Sims absent. ' *8. NOTICE OF INTENTION TO COMMENCE KING STREET/VOELKER AVENUE ANNEXATION PROCEEDINGS (STANDARD MOTIONS A AND B) April 23, 1991 was set as the time of a meeting with the initiating parties, who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating party being Snokist Growers, Inc. The annexation proposed by the above party was accepted by the City of Yakima, and the area to be annexed was required to assume its share of the City's existing indebtedness, and a Notice of Intention be filed with the Yakima County Boundary.Review Board. ` S 9. REPORTS ON FAIRVIEW /SUMAC WATER SYSTEM: A. REPORT FROM LEGAL DEPARTMENT REGARDING LEGAL OPINION ON MANDATORY CONNECTIONS AAD /2 ' APRIL 23, 1991 3 7 5 City Attorney Vanek reviewed the legal opinion for mandatory water hook -ups in the Fairview /Sumac area, based on the broad police . power authorities in Article 11, Section 11 of the Washington Constitution. , -City Manager Zais explained that the current situation is unique because it is serious., .ongoing, and an emergency :has ., been',declared joy the .Health Officer._ ,.Mr.. Vanek requested direction from Council in three specific areas:. mandating hook -ups to. the domestic. system; sanctions to be used if homeowners refuse .1 ,to ; connect; and determination of meter set charges. Mr. Zais communicated a suggestion from .,.Councilmember .Barnett that landowners at or. below.-the federal,_poverty level be granted a deferment of payment for the meter set cost by placing a lien on the ; property to -be recovered at the time of sale or at. any estate . settlement. Loren- Gayken, 1403. East. Adams, Urged Council to :proceed with the project, and,asked..for. an estimated completion date. Engineering and Utilities' Director Covell said the project should be finished by mid - summer. Mayor Berndt advised the audience that testing in the area indicated that sewer lines were properly capped during school construction, and were not a. contributing factor to the problem.. Richard Andring, 203 South 8th Avenue, presented a petition opposing the increase of city -wide water rates to finance this project. He also suggested that connection to sewer should be mandated at the same time that City water service is required. It was MOVED'BY BEAUCHAMP SECONDED BY SEMON, TO DIRECT PREPARATION'OF LEGISLATION TO MANDATE CONNECTIONS TO THE WATER SYSTEM. IN THE AFFECTED AREA FOR CURRENT AND FUTURE RESIDENTIAL' S1RUCTURES. The motion carried by unanimous voice - vote; Barnett and Sims absent. It was. 'MOVED BY BEAUCHAMP, - SECONDED BY SEMON, TO DIRECT PREPARATION OF LEGISLATION TO ASSESS A CIVIL' PENALTY OF $50 PER DAY AGAINST' THE PROPERTY. OWNER AFTER NOTICE OF NONCOMPLIANCE,' ENFORCED BY A LIEN AGAINST= THE` PROPERTY. The motion carried by unanimous voice..vote; .Barnett and Sims .absent. It was MOVED BY SEMON; SECONDED'BY BEAUCHAMP, TO DIRECT PREPARATION OF LEGISLATION TOALLOW A FIVE YEAR INSTALLMENT PLAN FOR PROPERTY Q'NERS'MEETING THE FEDERAL POVERTY LEVEL CRITERIA, WITH AN INTEREST BEARING LIEN AGAINST 'THE PROPERTY FOR THOSE PROPERTY .OWNERS FAILING TO MAKE PAYMENT; 'PROPERTY OWNERS NOT MEETING THE CRITERIA WOULD BE`REQUIRED TO PAY THE METER CONNECTION :CHARGE .UP- FRONT. it was MOVED'BY BEAUCHAMP,'SECONDED BY BUCHANAN, TO AMEND THE MOTION TO ALLOW A ONE YEAR GRACE PERIOD TO PAY THE COST FOR LINE INSTALLATION BETWEEN THE RESIDENCE AND THE WATER METER-SET; IN CASE OF DEFAULT, AN INTEREST BEARING LIEN WILL BE PLACED ON THE PROPERTY. :The question. was, called for.a, on the motion as amended. The motion carried by unanimous voice vote; Barnett and Sims absent. B. ENGINEERING REPORT REGARDING' FORCE ACCOUNT PRELIMINARY COST ESTIMATES FOR PROJECT CONSTRUCTION AND REQUEST FOR COUNCIL . APPROVAL OF PROJECT.FINANCING PLAN. Mr. Covell updated Council on results' of the'survey to gauge property owner interest.in the new.water system. Of 97 parcels contacted, 31 favored water. main installation, while 12 property owners indicated opposition. Mr. Covell said - plan design work will be completed by the end of this month, and construction with City forces can then begin immediately. It was MOVED BY BUCHANAN, AAD /3 3 7 6 APRIL 23, 1991 SECONDED BY SEMON, TO DIRECT CONSTRUCTION 10 PCEED IN ACCORDANCE WITH THE ENGINEER° DESIGN' ESTIMATE "OF COST. The motion . carried by 4 -1 voice 'vote; Pechtel voting nay, Barnett and Sims absent. Councilmember Pechtel explained his vote, stating that he felt the work should be done by private enterprise. It was MOVED BY BUCHANAN, SECONDED" BY PECHTEL, TO AUTHORIZE LEGISLATION APPROPRIATING'$29 "FROM WATER CAPITAL "IMPROVEMENT RESERVES, FOR CITY "FORCES °DO' THE " CONSTRUCTION 'OF'THE- FAIRVIEW /SUMAC AREA "A" WATER SYSTEM. The emotion carried by unanimous voice vote; Barnett and Sims absent. "It was MOVED. BY PECHTEL, SECONDED BY."BUCHANAN, TO DIRECT LEGISLATION BE "PREPARED TO ISSUE A BOND'` ANTICIPATION NOTE IN ' THE AMOUNT OF $290,000 TO FINANCE THE .CONSTRUCTICN`•COSTS, AND REPLACE USE OF CAPITAL RESERVES. The motion carried by unanimous voice vote; Barnett and Sims absent. It was MOVED BY SEMON, SECONDED BY BEAUCHAMP, °TO" " DIRECT '` LEGISLATION BE' PREPARED TO ENACT A 2% GENERAL RATE INCREASE TO " SUPPORT THE DEBT SERVICE FOR FINANCING THE PROJECT COSTS. The motion carried by unanimous voice vote; Barnett and Sims absent. 10. REPORT ON FUNDING OPTIONS FOR I -82 INTERCHANGE PROJECT - Engineering and Utilities. Director Covell reviewed the staff report on the City's, funding portion of the Yakima Avenue /I -82 Interchange and`Fair Avenue project. The application submitted for Transportation.._Improvement Board funding was successful, and the pre - design prospectus was submitted for initial funding to do the environmental evaluation, the design report` and the preliminary investigation of right-of-way ,necessity Mr. .Covell said the City'_s_.overall funding share will be ' approximately , '$1.7 million, with ' $.117,000, , to.,_., be _expended this year. ,, At_this r time, staff ,recomriiends.:providing.;a funding.. mechanism,,for_$l.2 million of the .$1:7 : mill ion total: _Since the project is 'expected Tto take up to 4 .years, there is time" to pursue additional funding options. Councilmember_Semon asked if, Council will have an opportunity for ,,:,input ,on project design . Mr.. Cove11 encouraged Council comment during des Larry Mathews, 805' South -17th Avenue, ,asked about the_design and financing of the project, and questioned _ the, formula,. used to determine the local matching share. Covell . .offered. to.meet, with Mr. Mathews'to..discuss the project financing. Greg . Stewart, _ ..spoke . in . favor of the ,project on : _ behalf of the " Central Washington Fair Association,, and thanked Council for their „previous !support ' of commun'ity. needs.. _Gary Lukehart, 1100 East Lincoln,. 'distributed a preliminary ,design _for the project, and volunteered time' and' resources. .It was`. MOVED;: BY BEAUCHAMP, SECONDED BY PECHTEL, 'TO'ADOPT"THESTAFF RECOMMENDATION.. The motion carried by unanimous voice vote; Barnett and Sims absent. *11. - CONSIDERATION' OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH HDR ENGINEERING, INC. FOR METROPOLITAN COMPREHENSIVE PLAN RESOLUTION" NO. D -5904, A RESOLUTION authorizing the execution of a professional services agreement with HDR Engineers, Inc. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO YAKIMA COUNTY DEPARTMENT OF COMMUNICATIONS INTERGOVERNMENTAL AGREEMENT FOR 911 ANSWERING' SERVICES AAD /4 • APRIL 23, 1991 3 7 7 RESOLUTION NO. D -5905, A RESOLUTION authorizing -and 'directing the City Manager and the City Clerk of the City of Yakima to execute an amendment to Yakima County Department of Communications Intergovernmental Agreement for 911 Answering Services. *13. CONSIDERATION OF RESOLUTION AUTHORIZING CLOSURE OF PORTIONS OF SOUTH. 16TH AVENUE AND SPRING CREEK ROAD FOR YAKIMA AIR FAIR ON MAY 11 -12, 1991 RESOLUTION NO.- D-5906, A RESOLUTION authorizing closure of portions of 16th Avenue.and Spring Creek Road forthe Yakima Air Fair. *14. CONSIDERATION OF RESOLUTION AUTHORIZING CLOSURE OF CERTAIN STREETS TO ACCOMMODATE THE TREE TOP BICYCLE RACE ON MAY 5, 1991 RESOLUTION NO. 1)=5907, A RESOLUTION 'authorizing the closure of certain streets'within the City of Yakima to'accommodate the "1991 Tree•Top Bicycle Classic ". *15. REPORT FROM PARKS AND RECREATION DIVISION REGARDING KISS PLACE The report from the Parks and Recreation Division on the status of the "Kids Place" program was accepted. *16: APPROVAL OF - FIRST QUARTER'1991 BUDGET REPORT ' zThe First.Quarter;1991 Budget Report was accepted: • *17. APPROVAL OF FIRST'QUARTER 1991 TREASURY REPORT The report from the Director of Finance and Budget dated April 23, 1991, regarding the investments of the City of Yakima for the first quarter of 1991, was accepted and approved. *18. FIRST READING OF AN ORDINANCE AMENDING THE 1991 TRANSIT CAPITAL tFUND, APPROPRIATING FUNDS FOR PURCHASE OF TROLLEYS (NO FORMAL ACTION REQUIRED THIS 'MEETING) - - An Ord a mendin g the 1991 Transit Capital Fund and appropriating funds for the purchase of trolleys, having been read by title only, was'laid on the table for two weeks, until May 7, 1991. *19. CONSIDERATION OF AN ORDINANCE AMENDING THE PARADE AND SPECIAL EVENT PERMITS APPROVAL PROCEDURE _ _ _ ORDINANCE' NO. 3356, AN ` ORDINANCE .relating 'to'.traffic;.. specifically relating to parade and special event permits; repealing subsection B of Section 9.15.170 of the City of Yakima Municipal Code; and amending Chapter•9.70 and Sections 9.70:010, 9.70.020, 9.70.030, 9.70.040, 9.70.050, 9.70.060, 9.70.070, 9.70.080, and 9.70.090 and enacting Section 9.70.100 all of the City of Yakima Municipal Code. • AAD /5 3 7 8 APRIL 23, 1991 20. OTHER BUSINESS - a Planning Manager Skone advised Council that the Hearing Examiner will consider the Arboretum application for an interpretive center and parking lot at a public hearing on May 15th. City Attorney Vanek said that a new lease between the City and 'the Arboretum will be coming to Council for approval on May 7th. City Manager Zais distributed a fact sheet prepared by staff to answer commonly asked 'the-_PTBA issue. He reminded Council that the County has scheduled a PTBA conference on Thursday evening, and encouraged members of the Council Transit Committee to attend. Information Items: Items of provided to Council were: Letter to Yakima Area Arboretum regarding application to construct interpretive center and parking lot. 4/17/91; VISIONING YAKIMA 2010 Meeting Schedule for 4/20 - 6/6/91; Monthly Report of the Chief of Police for March 1991; and Legal Department Monthly Report for March 1991. 21 EXECUTIVE SESSION It was MOVED BY BUCHANAN ; SECONDED "BY' ' BEAUJCHAMP; . 10. ADJOURN TO EXECUTIVE SESSION 'REGARDING' DISPOSITION OF PROPERTY;" WITH IMMEDIATE ADJOURNMENT `' "THEREAFTER . TO " "APRIL °26 "1991:AT "11130 A.M. RESTAURANT AT THE AIRPORT, FOR 'BRIEFING ON CUSTOMS _OFFICE AND "FOREIGN TRADE. The motion carried by unanimous voice vote; Barnett and Sims absent. 22. ADJOURNMENT _ - Following completion of the Executive Session, the meting was adjourned at 4:55 P.M. A I 11 k// 4011r READ AND CERTIFIED ACCURATE BY: ilkfi 1 I * _ £L 1 /Id= NCI NCI 6 E 1: • ., DATE • / �% 7- Z r/ OUNCIL"I MBER DATE ATTEST: (; 'CITY CLERK / MAYOR Minutes prepared by Deputy City Clerk Lovell. AAD /6