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Home My WebLink About06/04/1991 Study Session / Business Meeting 405 CITY OF YAKIMA, WASHINGTON • JUNE 4, 1991 • STUDY SESSION/BUSINESS MEETING • 1. ROLL CALL The City Council met in session on this date at 2:00IP.M. in the Councii Chambers of City Hall, Yakima, Washington. „ -- Mayor Pat Berndt, presiding, Councilmembers Clarence Barnett, Henry Beauchamp (absent after 3:00-P.M.), George Pechtel, Skip Semonr.and• Sims present on roll call. Councilmember Lynn Buchanan absent and excused. Assistant City Manager Stouder, 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 Councilmember Barnett. 3. OPEN 'DISCUSSION FOR THE∎ GOOD , OF THE-ORDER It was MOVED BY SIMS, SECONDED BY• PECHTEL,'TO APPOINT ROBERT WARDELL TO FILL DAN FOLEY'S UNEXPIRED HOUSING AUTHORITY TERM. The motion carried by unanimous voice vote; Buchanan'absent: Cable Communications Manager Warren said she sent a'letter to the Attorney General supporting court action against TCI's negative • option marketing of : - the Encore program. Councilmember Pechtel strongly opposed the marketing technique, and encouraged stronger City action. City Attorney Vanek will research options to further support the Attorney General's case before the Superior Court. 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, '• questioning whether there'were any additions or deletions from either Councilmembers or citizens present. It was the consensus of Council that the deletion of Item Nos. 10 and 15,(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; Buchanan 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 APRIL'113, 1991 ADJOURNED. MEETING' r The Council minutes of the April 13, 1991 Adjourned 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 • Richard Andring, 203 South 8th Avenue, objected to the new television channel alignment instituted by TCI. He opposed the AAD /1 it ® 6 JUNE 4, 1991 movement of basic service to higher channels,'which forces citizens to rent or purchase equipment for access. He suggested review of this action at the time of franchise renewal: Mr. Andring also commented on poor handicapped access to the downtown trolleys, and suggested the creation of special bus stops. Bill Klundt, 911 North 21st Avenue, reported a problem with domestic water pressure in his neighborhood. He also requested sealcoating on 21st Avenue, and abatement of the dust problem caused by the gravel pile at the Public Works complex. His requests were referred to staff for review. 7. REPORT ON NEW FEDERAL AND STATE MANDATED WATER - QUALITY ;STANDARDS AND REGULATIONS ;! r:= :: J :0:1 .7C Wastewater Superintendent Waarvick outlined mandated water quality standards for pre - treatment, surface water, stone drainage and groundwater, and introduced staff members who were available to answer questions for Council. Mr. Waarvick explained that the request to Council today is to direct staff to prepare legislation for adoption of the pre - treatment ordinance in the next one to two months. Konrad Liegel, counsel from Preston - Thorgrimson, reviewed the legal issues involved in federal pre- treatment He stated that the proposed ordinance is modeled on the EPA's model pre - treatment ordinance and on ordinances already enacted in other municipalities in the State of Washington. This ordinance provides the basis for much of the fully delegated pre - treatment program, with the exception of permit authority to administer the program. The City is required to have a pre - treatment ordinance on the books, and some type of regulation of significant industrial users. Councilmember Barnett questioned the interjurisdictional agreement, stating that the ordinance should be effective for all four parties at the same time. Mr. Liegel agreed that all parties to the agreement must work together to develop and administer this program. Mr. Waarvick suggested that the City of Yakima lead by example, and cautioned that opening up the 1976 agreement could present some unfavorable possibilities. Councilmember Pechtel objected to the increased burden imposed on municipalities, however, Mr. Waarvick observed that it will ultimately benefit the -" City to.implement pre - treatment standards. ;, Pre - treatment Specialist Greg Bohn explained'hcw industries fall er _into: the pre - treatment :program, and outlined results from a survey -.- of .industrial users. The .object of the Industrial:>Waste1Suryey was to determine business classifications . Seven 'businesses were designated Significant Industrial Users according to federal guidelines. The survey results were submitted to DOE for review. Mr. Waarvick introduced representatives.fram the Washington State Department of Ecology who were present to answer questions: Joe Subsits (former State Pre- Treatment Coordinator) and Rick Frye (Permits Unit Supervisor) explained the effect of anti - degradation laws on growth and economic development in the City. Mr. Frye said that DOE is subject to regulation by EPA, but is severely lacking in resources to provide services to local jurisdictions. (Councilmember Beauchamp absent after 3:00 P.M.) Bill Klundt, AAD /2 • JUNE ,4,i 1991 4 0 7 • citizen, spoke about water testing at his worksite, and_doubted the quality level- that•was certified. Engineering and Utilities Director Covell discussed the Storm Water 'Management portion . of the Clean Water Drinking Act. With a population. under 100,000, the City of Yakima will not be subject to the regulations until October, 1992. The rules and regulations for Storm •Water Management are still in•development, and.will probably result in the.City issuing permits, monitoring storm water, and enforcing regulations. Mr. Covell cautioned Council that this .entire program will take large amounts of money, time and manpower. Staff will be required to inventory the entire system and impact • area, ,and determine , :use classifications. - r' r • r - Since the ordinance will. be - very • powerful; and? ,far reaching, Councilmember Barnett requested that the regulatory information be provided to local industries well in advance ADJEJ implementation. Councilmember Sims asked industry representatives present to identify themselves for the record. Bob Arnt and.Pat McCarthy from . A & B Plastics, and Todd Smith from Crystal Linen. were in attendance. It was MOVED BY BARNETT, SECONDED BY SIMS, TO. DIRECT ' STAFF TO PREPARE THE APPROPRIATE LEGISLATION TO 'IMPLEMENT NEW FEDERAL AND STATE REGULATIONS FOR'SEWER'PRE= TREATMENT. ."The motion .carried by unanimous, voice. vote; Beauchamp and Buchanan absent. "QUASI,- JUDICIAL '' HEARING ON , -APPEAL 'BY BRUCE; FORD-OF: DENIAL OF ISSUANCE _OF TAXI DRIVER'S LICENSE (MAY BE•CONDUCTED IN EXECUTIVE SESSION) Bruce Ford, 614 North Second Street, ; waived his' :option to'move the . hearing into Quasi- Judicial session. Mr. Ford - requested Council approval of his Taxi Driver's license application, which was • recently denied by the Yakima Police Department. Mr. Ford said he has a clean driving record for the past three years, and explained extenuating circumstances for prior violations. It was MOVED BY BARNETr, SECONDED BY SIMS, TO APPROVE THE DRIVER'S LICENSE APPLICATION. City Attorney Vanek explained that City ordinance grants Council the authority to make a final determination in the matter of denial, revocation or issuance of a license. Following discussion, the question was called for a•vote on -the motion. The motion carried on a 3 -2 roll call vote; Berndt and Sims voting nay; 'Beauchamp and Buchanan absent... . . 9. CONSIDERATION OF RESOLUTION AUTHORIZING •SUBMISSION. OF.APPL•ICATION FOR YAKIMA•AIR TERMINAL TO BE DESIGNATED A FOREIGN TRADE ZONE Airport Manager Loy stated that this resolution will help establish economic advantages to :attract; new business .to Yakima. The resolution authorizes the Yakima :Airport Board to apply for-Foreign Trade Zone (FTZ) status, which will in turn foster new trade and development opportunities..in the community. Mr. Loy said the Airport has been'identified as the preferred location for a FTZ since it will be adjacent to an international port of entry, it will have easy access to U.S. Customs, and because of the Airport's proximity to surrounding communities and•prospective users., AAD /3 4 CO JUNE 4, 1991 Darryl Tom, CEO of Computer Professionals at 2804 West Washington, objected to the proposal that the Airport Board r apply' for and serve as the grantee for the FTZ. He discussed fiscal responsibility and developmental orientation as his primary concerns. Mr. Tam suggested that Council consider a privatized zone model, with a private individual as the operator of the FTZ. He asked Council to' examine the plan originally proposed by Ki -Yak to retain a privatized zone operator, which would substantially reduce the financial liability to the public sector. Bill Almon, Airport Board Chairman, stated that the Board is not seeking :the FTZ designation. 'Rather, they have volunteered' the designee in order to facilitate the application process. • Mr. Almon stated that a decision on privatization can be made after the FTZ designation is obtained. Glenn Phipps, Economic Development ' District representative, stated that the viability of an FTZ in the Yakima Valley has been studied for the past three years. The resolution under consideration is simply the authorization to apply for FTZ . status, which can only be done by. a . public development agency. A private operator cannot be the grantee; ''the Yakima international Airport meets the .necessary criteria to submit an appTicat "ion:' :Once 'the application has been filed; the. Air. Terminal staff, YCDA ""and"�the rFTZ° Task - 'Force' will' reviewY.operating proposals. - The application can be approved within 6 -9 months after submission, and marketing can begin immediately. Resolution No. D =5934, having' been read by' 'title, it was MOVED BY _SIMS', SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The motion carried by Unanimous roll call vote; Beauchamp and Buchanan absent. RESOLUTION NO. D -5934, A RESOLUTION authorizing the Yakima Air Terminal Board to apply for General Purpose Foreign Trade Zone. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT TO PERFORM PROPERTY APPRAISALS IN VICINITY OF PUBLIC WORKS COMPLEX . .Councilmember Barnett asked if the purpose of the appraisals - relates to land acquisition for the existing Pubiic' Works"complex, or if the acquisitions are being considered for the construction of acTransit -only facility. Acting Transit ManagenrHaddix: responded the acquisitions will eventually be earmarked for Transit facility use, but nothing specific has been designated at `this- time. Resolution No. D -5935, having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, '10 ADOPT THE RESOLUTION. - The motion carried by unanimous roll call vote; Beauchamp and Buchanan absent. (Councilmember Pechtel absent after 4:50 P.M.)" RESOLUTION NO. D -5935, A' RESOLUTION authorising the City Manager -and•City Clerk of the City of Yakima to execute an agreement with Western Appraisers Inc. for professional services. *11. CONSIDERATION OF REQUEST TO EXTEND WATER SERVICE' TO CITY OWNED PROPERTY LEASED BY THE YAKIMA AREA ARBORETUM The staff recommendation to approve the extension of water service to -'the property leased from the City by the Yakima Area Arboretum, was accepted. AAD /4 JUNE 4, 1991 4 0 9 *12. SET DATE OF PUBLIC MEETING. FOR JUNE'18, 1991 TO CONSIDER HEARING - EXAMINER._ RECOMMENDATION REGARDING VACATION OF ALLEY'BETWEEN NORTH -nil- - 1ST STREET AND NORT FRONT' STREET, AS REQUESTED BY YAKIMA COUNTY June 18, 1991 was set as the date of public meeting to consider the Hearing, Examiner's recommendation regarding the vacation of an alley 'between North 1st Street and North Front _Street, as requested by Yakima - County. *13. APPROVAL OF FINAL CONTRACT PAYMENT FOR NACHES VALLEY ELEMENTARY SCHOOL WATER PROJECT (STANDARD MOTION VB - ACCEPT CONTRACT AND .. APPROVE. FINAL, PAYMENT) . . The. report from the City Engineer dated'May 28, 1991, with respect to the completion of the work on the Naches Valley Elementary Water Improvement project, performed by Central Concrete & Utilities, was approved, the work accepted and payment of the final estimates as therein set forth was authorized.- - -. -- -• •.. - .. • • - *14. SECOND .,READING OF ORDINANCE . AMENDING THE 1991 BUDGET AND APPROPRIATING FUNDS FOR RAILROAD CROSSING PROTECTION PROJECT AT NORTH 1ST STREET NEAR "G ", "H ", "I ", AND FRONT STREETS An Ordinance amending the 1991 budget and appropriating funds for railroad crossing protection projects at North 1st Street near "G ", "H", "I", and Front Streets having been read by . title only. .at the. previous meeting, was brought before the Council for' a `second reading.. . `' - ORDINANCE, NO 3369;, AN ORDINANCE amending , the 19.91. budget for the • 1'1 : Cit ' n. r - -, of fYakima;-.,and, mak'g a o riation , .of. $21,8; 200:' the a` y in PP P -.,Arterial Street Fund for expenditure during 1991 for .installation of Railroad Crossing Protection Devices _ on North lst,Street' near "G" Street and near "H" Street, and"on West "I" Street 'near Front Street. 15. SECOND READING OF ORDINANCE AMENDING THE 1991 TRANSIT BUDGET AND APPROPRIATING .FUNDING FOR STREETCAR (DOWNTOWN TROLLEYS) OPERATING EXPENSES An Ordinance amending the 1991 Transit budget and appropriating funding for streetcar (downtown trolleys) operating expenses, having been read by title only at the previous meeting, was brought before the Council for a second reading. Ordinance No. 3370, having..been read by title, it was MOVED BY SEMON, SECONDED BY - - SIMS, TO ADOPT THE RESOLUTION.-- The-motion carried by 3 -1 roll call vote; Barnett voting nay; Beauchamp, Buchanan and Pechtel absent. ORDINANCE NO. 3370, AN ORDINANCE amending the 1991 budget for the City of Yakima; and making an appropriation of $315,473 in the Transit Operating Fund for during 1991 for operation of - the City Shuttle Buses. * 16. SECOND READING OF AN ORDINANCE AMENDING THE 1991 • BUDG E T AND ORDINANCE._ � APPROPRIATING FUNDS FOR THE FAIRVIEW -SUMAC WATER 7 CONSTRUCTION PROJECT AAD /5 41 x JUNE 4, 1991 .. .. An Ordinance amending the 1991 budget, and appropriating funds for, . the Fairview- Sumac Water Construction Project, having been read by title only at the previous meeting, was brought before the Council for a second reading. • ORDINANCE NO. 3371, AN'ORDINANCE amending the 1991 budget for the City of Yakima; and making an appropriation of $290,000 in the Domestic Water Improvement Fund for expenditure during - 1991 for construction of the Fairview -Sumac Water. System. 17. OTHER BUSINESS It was MOVED BY SEMON, SECONDED BY SIMS, TO APPOINT FRANK FETTERS AND LOU BARTELLI "TO THE COMMUNITY PROGRAMMING ADVISORY BOARD. The motion carried by unanimous voice vote; Beauchamp, Buchanan and Pechtel absent. Information Items: . Items provided for Council information were: . Monthly Annexation Status Report as of May 30, 1991; Agenda for May 23, 1991 Yakima Air Terminal Board and minutes of its April 4 & 26, 1991 meetings; and Article from May /June 1991 Public Administration Review, "Recycling Program. Design, Management,. and Participation: A National Survey of Municipal Experience_.' 18. EXECUTIVE SESSION r. "'.. 1 _ „f T. I ' " ' It was MOVED - BY SIMS, SECONDED BY SEMON; TO' ADJOURN`TD SESSION REGARDING PROSPECTIVE,, .LITIGATION; WITH IMMEDIATE ADJOURNMENT " THEREAFTER TO JUNE' l l , 1991 AT 7 :'15" A.M: ' IN' " THE . "CITY MANAGER'S CONFERENCE 'ROOWFOR DISCUSSION, THEN TO JUNE 11 - , 1991 AT 11.:30 `A.M. FOR - MEETING WITH STAFF (LOCATION TO BE. ANNOUNCED) . The motion carried by : unanimous, voice vote; Beauchamp, Buchanan and Pechtel absent. 19. ADJOURNMENT Following completion of the Executive Session, the meeting was adjourned at 5:10 P.M. ' , READ AND CERTIFIED ACCURATE' B • $!',.( t 8 / 6 h1, •ilNCIL MEMBER / DATE 0/4/ CO CIL MEMB DA A'rrEST: - (:24Xt j. - - CITY CLERK MAYOR' Minutes:prepared by Deputy City Clerk Lovell AAD /6