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HomeMy WebLinkAbout10/20/1992 Special Meeting / Business Meeting 482 OCTOBER 20, 1992 CITY OF YAKIMA, WASHINGTON OCTOBER 20, 1992 SPECIAL MEETING 1. ROLL CALL The City Council met in session on this date at 1:30 P.M. in the auditorium at the Capitol Theatre, Yakima, Washington. Mayor Pat Berndt, presiding, Council Members Clarence Barnett, Henry Beauchamp (present after 1:50 p.m.), Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Skovald also present. 2. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION It was MOVED BY BUCHANAN, SECOND BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING AND PROSPECTIVE LITIGATION. The motion carried by unanimous voice vote; Beauchamp absent. BUSINESS MEETING The City Council reconvened at 2:10 p.m. in the auditorium at the Capitol Theatre, Yakima, Washington. Mayor Pat Berndt, presiding, Council Members Clarence Barnett, Henry Beauchamp, Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present. City Manager-Zais, City Attorney Vanek, City Clerk Roberts and Deputy_.City Clerk Skovald also present. 3. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was given by Council Member Beauchamp. 4. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (if applicable) Mayor Berndt proclaimed October 26 -30, 1992, as Minority & Women Small Business Week in recognition of our nation's small business sector. Luz Gutierrez encouraged those interested to participate in the Fourth Annual Minority and Women Small Business Conference, which will include a day of workshops from 8 a.m. to 5 p.m. on October 29, 1992, at the Red Lion Inn in Yakima. 483 OCTOBER 20, 1912, ; . 5. 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 to add Item No. 8. 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 AMENDED, BE ADOPTED. 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.) 6. PUBLIC MEETING AND CONSIDERATION OF A RESOLUTION INITIATING A PETITION FOR ANNEXATION FOR THE WIDE HOLLOW AREA This being the time set for public meeting, Assistant City Manager Rice explained there were several issues placed before Council: (1) To consider accepting the Wide Hollow annexation now and use Outside Utility Agreements in lieu of petition signatures as part of the annexation process. (2) To consider ,whether the property in the proposed annexation area should be required to accept its pro rata share of City General Obligation bonded indebtedness. (3) To commence an open and frank discussion beween City officials and West Valley citizens concerning annexation and incorporation issues and service impacts on all parties. (4) To consider deferring passage of an ordinance formally annexing the Wide Hollow area to the City at a later date. (5) To determine if the Urban Area Comprehensive Plan is applicable to the proposed annexation. City Manager Zais presented an informative presentation regarding alternatives for providing urban services and the associated costs, as well as background information on this issue. Mr. Zais explained the remaining capital debt 2 • 484 OCTOBER 20, 1992 obligation is nearly $11.5 million and why the formation of a sewer district would have potentially serious financial impact on citizens of West Valley. Council Member Brado asked how can 600 residents be responsible for one -third of the cost of the sewer facility which serves 55,000 people. City Manager Zais explained the upgrade from 1976 to 1985 was mandated by the facility plan and was designed specifically for the expansion of the entire urban area. Another facility plan was adopted in 1985, which reexamined additional requirements for plant improvements and mandated requirements to conform to the Clean Water Act. Over time, with the expectations and planning that went into the facilities study, it was anticipated that with the development and growth of the urban area, that this debt would eventually be repaid and recaptured. Since it would be difficult for 2,000 accounts to pay this cost, the repayment concept includes spreading the cost over the entire community to ratepayers both inside the City Limits and the urban area. The risk involved is the potential default on the bonds because it can't be paid. Mayor Berndt opened the public meeting and asked for anyone wishing to speak to the issue. Gordon Wonder, a former City Council member, touched on an issue from the early 1970'.s when surrounding communities needed a sewer system. Financial assistance from the City of Yakima was requested by the County Commissioners. The property owners who received sewer service were asked to sign Outside Utility Agreements. Those agreements should be honored in order to repay the investment. Jim Tree, 5907 Englewood Avenue, attorney, stated he did not live in the Wide Hollow annexation area. Mr. Tree spoke against the proposal and also submitted separate letters from Paul Cook and Leland B. Campbell withdrawing their petition to annex. Gary Durham, Senior Pastor of the West Valley Church of the Nazarene, stated they do not oppose this annexation, but they did not initiate annexation either. Council Member Beauchamp commented about the purpose of Outside Utility Agreements and the need to give accurate interpretation of the facts. Benine McDonnell, 7004 Pierce Court who lives in the proposed annexation area, read a letter from County Commissioners, elected officials, and candidates regarding the proposed West 3 485 OCTOBER 20, 1992, Valley Annexation. She also read a letter signed by 238 residents of the proposed Wide Hollow Annexation area, opposing the annexation. Greg Anderson, 704 South 68th Avenue who lives in the proposed annexation area, spoke against the proposal and questioned the ownership of the wastewater treatment plant. City Manager Zais clarified the issue of ownership by explaining the four party wastewater agreement between the City, Yakima County, . Union Gap, and Terrace Heights Sewer District has many stipulations in it and contains language relating to ownership, specifically, "The City of Yakima will own and be responsible for the construction, operation, and maintenance of the area wide wastewater treatment facility and all accompanying interceptors." Chuck Lenberg, 7104Tieton Drive, Co- President of West Valley City Committee to Incorporate; Neoma McCollum, 607 South 72nd Avenue; and John S. Moore, 1308 South 72nd Avenue, all living in the proposed annexation area urged Council to not proceed with annexation. John Kernan, 608 Pickens Road, who lives in the proposed annexation area, inquired about the cost of the wastewater facility. City Manager Zais responded to Mr. Kernan's question by explaining a large base is needed to pay for the costs, and if the base is diminished, then the spread of those costs become extraordinarily burdensome. Mayor Berndt inquired whether Yakima County had invested any money into the wastewater treatment facility. City Manager Zais explained there was no direct commitment of County funds from the current expense fund except in connection of. the Fairview /Summac sewer system. Yakima County residents have put in money through rates. Council Member Beauchamp agreed with Gordon Wonder's remarks about why the City of Yakima decided to invest in the project in the first place. Referring to the Urban Area Plan, which includes the agreement to provide sewer services to West Valley, Union Gap, and Terrace Heights, Council Member Beauchamp explained, these communitiies approached the City of Yakima seeking assistance with a wastewater treatment 1/ facility. The City of Yakima agreed to enlarge its facility in ,order to accommodate the needs of these urban areas. Because it cost substantially more money to do that, the City of Yakima decided to invest in the project with the understanding and agreement that these areas would eventually become part of the City. Chuck Tipton, 400 North 60th Avenue, who does not live in the proposed annexation area, submitted a petition requesting 4 486 OCTOBER 20, 1992 Council to suspend annexation proceedings until West Valley residents have voted on incorporation. Gary Jennings, 616 South 71st Avenue, who lives in the proposed annexation area, spoke against the annexation proposal. Tam Edmonston, Co- President of The West Valley City Committee to Incorporate, 211 South 69th Avenue, who lives within the proposed annexation area, urged Council to either accept, reject, or modify the proposed Wide Hollow Annexation and not table the issue. Because Ms. Edmonston requested clarification, City Manager Zais explained the costs of the wastewater treatment facility and the amount of the total outstanding indebtedness for West Valley. Ms. Edmonston commented about fire and police protection, along with the condition of the streets. Council Member Beauchamp asked Ms. Edmonston what reaction her committee would have if the City of Yakima said they would hold off on annexation in order to explore any common ground to see if there is a willingness to try to resolve the differences. Ms. Edmonston explained she would have to discuss it with the committee. She asked City Manager Zais why the City of Yakima is pursuing annexation at this particular time. City Manager Zais emphasized Assistant City Manager Rice's earlier statement regarding why the City of Yakima is doing this now. "The Petition for Incorporation and the stage that it's at now - -of a new city on Yakima's westernmost edge - -poses a potentially greater threat to the City's Yakima Sewer System and its investment and our policies for extending utilities than the sewer district formation or the outside utility lawsuits combined. Incorporation, if successful, stops all westward extension of the City's boundaries, in addition to rendering unenforceable all existing outside utility agreements within the area of incorporation. Moreover, the incorporation potentially poses great financial duress to the residents of West Valley. We sought to protect ourselves through the threat, we perceive, of incorporation. In turn, you're trying to protect yourself from what you perceive to be a threat from annexation." The Council recessed at 4:20 p.m. until 4:30 p.m. Dick Anderwald, Director of Planning and Special Projects for Yakima County, read a letter from the Yakima County Board of Commissioners and submitted it to Council. 5 487 OCTOBER 20, 1992 . Derek Hatfield, a Senior at Eisenhower High School, who lives at 829 Conestoga Boulevard, explained he recently completed a research paper on this issue and wanted to express his opinion that the people of West Valley should have the right to vote on whether or not to incorporate. He submitted a petition signed by 31 students from the Yakima Valley. Mr. Hatfield asked why the surcharge on sewer West Valley residents pay does not cover their portion of the cost. City Manager Zais explained it is based on a cost of service study and there is an agreement which lists what the rates should be. The cost of service study shows the surcharge to reflect the cost for extending service and maintaining the expense of going further into West Valley. The expense of maintenence and operation is a big part of what everybody pays, including what the surcharge covers. A portion of the payment also goes for debt service and costs incurred to build the plant. Dean Armitage, 309 Viewmont Drive, who lives in the proposed annexation area, stated the people who are going to vote on incorporation need to be aware of what the costs will be. Council Member Beauchamp commented about all the expenses there are to run a city. Linda Lenberg, 7104 Tieton Drive, Secretary of The Committee to Incorporate West Valley as a City, who lives in the proposed annexation area, invited Council members to their town meeting, the first Wednesday of every month. Ms. Lenberg presented to Council a copy of the Petition for Incorporation of the proposed City of West Valley; a Certificate of Validation of Petition for Incorporation from Doug Cochran, Yakima County Auditor, validating the signatures, and Notice of Intention to Incorporate West Valley, Washington as a city filed with the Yakima County Boundary Review Board. In reply to Council Member Beauchamp's question, Ms. Lenberg indicated a vote to the people, at the very earliest, would be in the spring. Rick Glenn, 407 North 60th Avenue, asked questions about outside utility agreements and City Attorney Vanek answered them. Mr. Glenn expressed his opinion that if West Valley becomes a city, it won't hurt the City of Yakima, and may even be a benefit. Blaine Connaughton, 101 South 12th Avenue, disagreed with City Attorney Vanek's explanation of using outside utility agreements in the annexation process. Jim Tree submitted additional documentation to Council, which included a tape recording of the October 13, 1992, Yakima City 6 488 OCTOBER 20, 1992 Council Meeting; a memo from Chris Waarvick dated 10/08/92 regarding estimated revenue impact of proposed annexation west of Congdon Orchard; outside utility agreement form; Spokane outside utility agreement; a declaration of Glenn Rice; and an undated and unnumbered resolution repealing three annexation initiations adopted October 13, 1992. George Glessner, 381 West Ponderosa Drive, spoke against the issue and submitted a letter to Council from the Commissioners Fire Protection District #12. Sharon Tree, 5907 Englewood, explained why she signed the outside utility agreement when their home was hooked up to sewer services. Larry Evans, 6612 Tieton Drive, spoke against annexation and presented his comments on surcharges, cost recovery charges, the urban area plan, and litigation costs. Walter Lindsey, 5 North 60th Avenue, asked for details about the proposed meeting on October 19, 1992. Council Member Sims explained he had tried to organize a meeting based on a comment from a West Valley resident who said they would like to talk. An informal meeting did not come about due to scheduling difficulties. Mr. Lindsay also commented on the bus service, street maintenence, and fire protection. Jon Ison, 1607 South 73rd Avenue, who lives in the proposed annexation area, presented a letter to Council from the West Valley Church of Nazarene. He thanked Council for the opportunity to voice his opinion and suggested a vote be taken on the issue. Phil Pleasant, a Yakima resident, voiced his opinion about the annexation issue. Council recessed at 6:00 until 6:15 p.m. Dianne Puhrmann, 913 South 75th Avenue, explained she did not know there was an outside utility agreement until she was at the closing when she bought her house. She commented that it is difficult to be an informed buyer when the real estate agents are not aware of the agreements. Peggy Chambers, 8003 Poplarview Way, spoke against annexation and commented about campaign promises and asked whether the voice of the people will be heard. She explained sooner or later every city reaches its growth capacity. 7 489 OCTOBER 20, 19,92,. Bill Edmonston, 211 South 69th Avenue, compared this proposed annexation to taxation without representation. Mr. Edmonston commented on the amount of money that could be spent litigating this issue and expressed hope that both sides would negotiate and an agreement could be reached. John Hall, 9705 Ridgeway Road, who does not live in the annexation area, commented that he was not opposed to annexation, only forced annexation. He believes everybody has a right to vote. Gene Hall, 8806 Occidential, who does not live in the annexation area, read a letter from Laurel Brunson requesting meetings be held in the evening. Ms. Hall referred to the four party agreement and suggested it should be changed because all parties have changed. She recognized the veterans who fought for freedom, and asked that they have a chance to vote. Tom Wilson, 7707 Tieton Drive, who does not live in the proposed annexation area, speaking for the West Valley Fire Department, expressed his opinion of why the City of Yakima is proposing annexation. s . James A. Zoutenhorst, 7509 Occidental, spoke against annexation. Gary Brown, 404 South 67th Avenue, read a letter from Bob Clem who was opposed to the proposed annexation. Mr. Brown commented that he was against the annexation and urged Council to vote no. Richard Andring, 203 South 8th Avenue, urged Council to allow the citizens of West Valley be allowed to go through the process of trying to incorporate. Mr. Andring believes they should have the opportunity to determine the costs and decide the issue. Theran LaReaux, 608 South 12th Avenue, expressed his opinion about the amount of money this proposed annexation is costing the City. There being no one else present wishing to speak to the issue, Mayor Berndt closed the public meeting. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSSION TO DISCUSS PENDING AND PROSPECTIVE LITIGATION FOR APPROXIMATELY FIVE MINUTES. The motion carried by unanimous voice vote. 8 490 OCTOBER 20, 1992 After the conclusion of the Executive Session, the Council reconvened at 7:10 p.m. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, THAT (1) THE CITY COUNCIL WILL REOPEN THE HEARING TO CONTINUE IT FOR THREE WEEKS AND WITHHOLD ACTION AT THIS TIME ON THE WIDE HOLLOW ANNEXATION PROPOSAL AND FILING OF OUTSIDE UTILITY AGREEMENTS FOR THIS AREA. (2) IN RETURN, ALL WEST VALLEY REPRESENTATIVES BE ASKED TO WITHHOLD PUTTING THE WEST VALLEY INCORPORATION ON THE BALLOT OR TO FORM A SEWER DISTRICT AND THAT ALL LITIGATION BE STOPPED BETWEEN THE PARTIES. (3) BOTH SIDES AGREE TO APPOINT REPRESENTATIVES TO ENGAGE IN OPEN DIALOGUE, DISCUSSION, AND SHARING OF INFORMATION ON THIS ISSUE IN A GOOD FAITH EFFORT TO ATTEMPT TO RESOLVE OUR DIFFERENCES. (A MEDIATOR MAY BE HELPFUL IN THIS PROCESS.) (4) A FORMAL AGREEMENT BE ENTERED INTO BY ALL RESPONSIBLE PARTIES AFFECTED BY THIS ACTION TO CONFIRM CONCURRENCE AND ACCEPTANCE OF THIS PROPOSAL WITHIN THE NEXT SEVEN DAYS AND ESTABLISH A DEADLINE FOR RESPONSE (CITY, COUNTY, WEST VALLEY PARTIES). Mayor Berndt reopened the Public Hearing in order to continue the hearing in three weeks. The motion carried by unanimous voice vote. 7. AUDIENCE PARTICIPATION None *8. PRESENTATION OF THE 1993 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET PROPOSAL (SEE RESOLUTION AUTHORIZING FILING OF GRANT APPLICATION) RESOLUTION NO. D -6200, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an application with the United States Department of Housing and Urban Development for funding the the 1993 Community Development Block Grant Program. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ST. ELIZABETH OCCUPATIONAL HEALTH FOR BLOODBORNE PATHOGEN TESTING RESOLUTION NO. D -6201, A RESOLUTION authorizing and directing the City Manager to execute a contractual agreement with Saint Elizabeth Medical Center Occupational Health for a medical service agreement regarding occupational exposure to bloodborne pathogens. 9 491 OCTOBER 20, 1992., *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH ARCHITECTURAL ASSOCIATES, INC FOR DESIGN SERVICES RESOLUTION NO. D -6202, A RESOLUTION authorizing and directing the City Manager and the City Clerk for the City of Yakima to execute a supplemental agreement with Architecture Associates A.I.A. /P.S. for amendment of City Contract No. 92 -32. *11. APPROVAL OF PERMIT FOR PUBLIC DISPLAY OF FIREWORKS REQUESTED BY EISENHOWER HIGH SCHOOL The permit application for a public display of fireworks, requested by Eisenhower High School, was approved. *12. SECOND READING OF AN ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING $4.5 MILLION FOR THE DOMESTIC WATER IMPROVEMENT PROJECT IN THE YAKIMA RAILROAD CONTAMINATION AREA. An Ordinance amending the 1992 budget and appropriating funds for the domestic water improvement project in the Yakima Railroad Contamination area, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3498, AN ORDINANCE amending the 1992 budget for the City of Yakima; and making an appropriation of $4,499,912 in the Domestic Water Improvement Fund for expenditure during 1992 for the Yakima Railroad Water Contamination Area -DOE Grant Project. 13. OTHER BUSINESS Information Items: Items of information supplied to Council were: Memorandum from Senior Project Planner regarding Working Draft - Environmentally Sensitive Areas Protection Goals. 10/15/92; Letter from Director of Engineering & Utilities regarding Drainage Plan Citizens Advisory Committee. 10/12/92; Agenda for October 22, 1992 Hearing Examiner meeting; Monthly Report of the Chief of Police for September 1992; Transit Third Quarter 1992 Report; Report from Human Resources regarding vacancies and hiring status as of September 9, 1992; Memorandum from Engineering & Utilities regarding Biosolids Management Plan Information Report Number 4. 10/16/92; Assignments pending in office of Environmental Planning as of October 20, 1992; Agenda for October 21, 1992 Yakima Valley Conference of Government General Membership meeting and 10 492 OCTOBER 20, 1992 minutes of its September 16, 1992 meeting; Agenda for the October 19, 1992 YVCOG Executive Committee meeting and minutes of its September 21, 1992 meeting; and Washington Policy Choices. Fall 1992, Volume 2, Issue 1, Institute for Public Policy and Management, University of Washington. 14. ADJOURNMENT TO OCTOBER 21, 1992 AT 8:00 A.M. FOR INFORMAL MEETING WITH COUNTY COMMISSIONERS AT THE YAKIMA COUNTY COURTHOUSE It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADJOURN TO OCTOBER 21, 1992 AT 8:00 AM FOR INFORMAL MEETING WITH COUNTY COMMISSIONERS AT THE YAKIMA COUNTY COURTHOUSE. The motion carried by unanimous voice vote. - AT READ AND CERTIFIED ACCURATE BY: r 4gt. Q,9Ji I � -23' -- r7 MEMBER DATE ) Z - 9? UNCIL MEM$`ER DATE ATTEST: CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Skovald. 11