HomeMy WebLinkAbout07/19/1994 Business Meeting 365
CITY OF YAKIMA, WASHINGTON
JULY 19, 1994
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, Mayor Pat Berndt,
presiding, Council Members Clarence Barnett, Henry
Beauchamp, Ernie Berger, Bill Brado, Lynn Buchanan, and
Bernard Sims present on roll call. City Manager Zais, City
Attorney Paolella, and City Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Invocation 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.
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 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.)
5. SPECIAL PRESENTATIONS:
A. NATIONAL NIGHT OUT (SUBSTANCE ABUSE COALITION)
Mayor Berndt read a proclamation declaring August 2, 1994. as
National Night Out in the City of Yakima. Toni Gardner,
National Night Out Coordinator, outlined the activities
planned for this year's program, as well as thanked the City
of Yakima for its continued support of the program designed
to reduce crime and drugs in the community. Police Officer
Linda Watts described the Block by Block 94 campaign to start
official Block Watch programs.
366
JULY 19, 1994
B. PROCLAMATION
Mayor Berndt read a proclamation declaring the month of
August as All America City month and encouraged attendance at
the celebration banquet scheduled for August 19th.
Ester Huey also encouraged attendance at the banquet and
commended the hard work of the young people who participated
1/
in this event along with the program presented at the All
America City competition.
C. CONNIE LITTLE
Connie Little, 2002 Simpson Lane, expressed appreciation for
the City supporting her request for the East Mead area to be
annexed into Yakima and challenging the proposal for an
annexation election into Union Gap.
6. PUBLIC HEARING ON SIX -YEAR TRANSPORTATION PLAN (TIP) (SEE
RESOLUTION ADOPTING PLAN)
This being the time set for the public hearing, Fred French,
City Engineer, referred to the Six -Year TIP as well as the
staff report and was available to answer any questions. The
program consists of 49 projects, including four funded
projects carried over from 1994, five new projects for 1995,
five additional projects for 1996, seven for 1997, and 28
additional projects for the years 1998 through 2000.
Council Member Sims requested the program include the 18th
Street /Chalmers /Riverside project. Mr. French explained that
project was not included in the preliminary plan because it
is not currently listed as an arterial street. From an
engineering perspective, the Six -Year TIP is primarily for
expenditures of outside funding, but if Council desires to
use federal funding for this project, then it would be
appropriate to include it in the Six -Year Plan. It was
MOVED BY SIMS, SECONDED BY BRADO, TO ADD IT. The
motion carried by unanimous voice vote. After briefly
discussing what priority this project should be, there was a
consensus to include it in the top 20 priorities.
Mayor Berndt opened the public hearing and asked for anyone
present wishing to comment on the Six -Year Transportation
Improvement Plan. There being no one, Mayor Berndt closed
the public hearing. Resolution No. R- 94 -95, having been read
by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS,
1/
TO PASS THE RESOLUTION. The motion carried by unanimous
roll call vote.
RESOLUTION NO. R 94 - 95, A RESOLUTION adopting a Six
Year Transportation Improvement Program for the Period of
1995 through 2000 for the construction of streets and
arterial streets in the City of Yakima.
2
,a GC n -, ;;d ., • ;`�a 3f Vii':
��.
JULY 19, .y'1994 367
7. PUBLIC MEETING TO CONSIDER HEARING; °EXAMINER RECOMMENDATION ON
REZONE OF PROPERTY IN VICINITY OF 2600 RACQUET LANE,
REQUESTED BY M. IRWIN (BRING' MATERIAL PREVIOUSLY PROVIDED)
This being the time set for the public meeting, Dan Valoff,
Associate Planner, presented a brief overview of the rezone
request and briefly summarized the staff report recommending
approval based on the findings and conclusions in the Hearing
Examiner's decision.
Council Member Barnett stated he had received a letter dated
July 15th from the Athletic Club and was not sure of the
applicability of this information. City Attorney Paolella
explained the technical rule of allowable evidence during a
public meeting. After briefly discussing this issue further,
it was determined that the letter actually mirrored a
previously submitted letter by the Athletic Club and was
considered existing evidence.
Mr. Valoff stated the property is located in the Airport
Overlay District and has no permitted use; in other words,
any Class 1 Use in the Overlay District becomes a Class 2
Use, and any Class 2 Use becomes a Class 3 Use, etc. Council
Member Brado expressed concern regarding traffic generated by
the development and asked if there are any provisions to
address the traffic issue. Mr. Valoff explained the level of
review for any project proposed for this property will
provide an opportunity to address issues of concern.
Council Member Buchanan suggested the City protect itself
from future liability claims by addressing compatibility
concerns, i.e., future property owners complaining about
devaluation of property due to noise from the airport and M -1
zoned property. There was a considerable amount of
discussion about compatibility concerns, policy implications,
and notifying prospective buyers and tenants about the
airport overlay district and noise factors from the airport
and M -1 zoning possibly via deed restrictions. Also discussed
was whether to hold a public hearing to receive testimony
from the Airport Board and others.
At this time, Mayor Berndt opened the public meeting and
asked if anyone wished to speak to the issue.
Marchal Irwin, representing property owner Diane Irwin, 416
North 92nd Avenue, stated she was very pleased the rezone has
been recommended for this property. They have done extensive
market research to provide a necessary project that would be
compatible with this property and this community. Utilizing
a proposed site plan illustration, Ms. Irwin described the
proposed apartment project designed to preserve the pastoral
quality of the property. She indicated the project would be
started in the spring and built in two phases. Council
3
363
JULY 19, 1994
Member Sims asked Ms. Irwin if she objected to a requirement
of notification on the leases about current noise from the
airport and the surrounding M -1 zoned property being
acceptable to tenants. Ms. Irwin replied that she is merely
an agent for the land owner. She related that three or four
years ago when the development was in its early study period,
it was her understanding that noise would not be a factor,for
this development. Council Member Buchanan stated noise is
already a factor; the airport is already there.
Mayor Berndt asked if anyone else, either for or against,
wanted to speak to this rezone issue. There being no one,
she closed the public meeting. After all Council members
declared no exparte contact, except a phone call received by
Council Member Buchanan from the Airport saying they just
read about it in the newspaper, it was MOVED BY BARNETT,
SECONDED BY BERGER, TO ADOPT THE HEARING EXAMINER'S
RECOMMENDATION. It was MOVED BY BUCHANAN, SECONDED
BY BEAUCHAMP, TO AMEND THE MOTION TO INCLUDE THE CITY
WOULD DEVELOP LEGAL LANGUAGE AND PUT A NOTIFICATION
IN THE REZONE SO THE INDIVIDUALS HAVE A NOTIFICATION
THAT THE AIRPORT IS THERE AND NOISE IS A
CONSIDERATION. There was discussion among Council members
and staff concerning the effectiveness of placing notices in
leases so that the leasees are notified and imposing
covenants on the deeds so the landowners are on notified as
well. The notices are to also cover the noise from the M -1
zoned property in the area. The question was called for
a vote on the amendment. The motion passed by a 5 -2
voice vote; Barnett and Berndt voting nay. The question
was called for a vote on the motion as amended. The
motion carried by unanimous voice vote. The legal department
will prepare the necessary legislation to accomplish
Council's objective.
8. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION ON
SHORELINE PERMIT REQUESTED BY THE YAKIMA GREENWAY FOUNDATION
(SEE RESOLUTION; BRING MATERIAL PREVIOUSLY PROVIDED)
Mayor Berndt excused herself from the proceedings in
accordance with the Appearance of Fairness Doctrine because
she is an Ex- Officio Member of the Greenway Board. She
yielded the gavel to Assistant Mayor Barnett. This being the
time set for a public meeting, Assistant Mayor Barnett
explained the purpose of this meeting is to consider the
Hearing Examiner's recommendation on the Shoreline
Substantial Development Permit application submitted by the
I/
Greenway Foundation.
Assistant Mayor Barnett stated a letter from the Greenway has
been received asking for a modification to the SEPA appeal;
the Council has not received any information contrary to the
request by the Greenway that the chain link fence is
inappropriate and they want another type of fence that
4
369
JULY 19,' 1994
certain other government agencies, would approve. If that
request still stands'," "Council "needs to consider whether or
not another SEPA hearing is needed before today's public
meeting is held. Assistant Mayor Barnett asked if the
Greenway staff wished to make any comments.
Cec Vogt, Yakima Greenway Foundation, explained they have
discovered there is a five -foot, compatible floodplain chain
link fence, so the terminology used in the mitigation
measures listed in the SEPA appeal document would not need to
be changed. It is a break away fence and is compatible with
Council's requirements and is agreeable to all parties.
Assistant Mayor Barnett stated that answers the question.
Assistant Mayor Barnett opened the public meeting and asked
if anyone wished to speak to this issue
Cec Vogt explained they concur with the Hearing Examiner's
recommendation; they're ready to follow all the mitigation
measures and requested Council accept the Hearing Examiner's
recommendation.
Joe Schons, 4806 West Chestnut Avenue, stated he doesn't
agree entirely with the Hearing Examiner's decision. He
expressed concern about the intense use the proposed 16th
Avenue parking lot will receive. Mr. Schons explained he had
specifically asked the Hearing Examiner to address the issue
of what is diffuse use and what is intensive use in that
area, but he didn't receive an answer at the hearing, nor was
it addressed in the Hearing Examiner's decision. He
questioned whether the parking should be allowed due to the
intense use it will receive. He suggested Council look at
pictures illustrating his concern, but Assistant Mayor
Barnett explained since this is a public meeting no new
evidence is allowed. Mr. Schons also expressed concern that
the Hearing Examiner only vaguely covered the issue of
archaeological sites along the Naches River after he brought
some samples of artifacts from that area and commented that
the ripper blades that will be used on the compacted trail
may cause some irreversible damage.
Bob Schwerdtfegar, 702 North 80th Avenue, explained he owns
the isolated island of property at the Naches River /Trolley
bridge location; property that the Greenway mistakenly
thought to be theirs. He thanked the City for its
consideration of his concern about this issue and indicated
if a break away fence alleviates his concerns about litter
and traffic, then he has no particular objection although he
would like to see an example of.what that looks like before
it becomes a modification of the Hearing Examiner's decision.
Assistant Mayor Barnett asked if anyone else wished to appear
before the Council to speak to this issue.
5
370
JULY 19, 1994
v
John Borgert, 2300 River Road, disagreed with the location of
the proposed fence to be installed by the Greenway. it
should be installed all the way to the end of the lake not
just 50 yards past the berm or the main part of the lake. At
this point there was a considerable amount of discussion
about the location of the proposed fence. Cec Vogt explained
they had requested the fence end at the main body of the
lake, but had agreed to 50 additional yards past that point
I(
with the existing DOT fence remaining. Mr. Borgert also
objected to the proposed parking lot at the freeway
interchange at 16th Avenue because it would stop the free
flow of traffic; it would also be unsafe for pedestrians,
bicyclists, rollerbladers, and skateboarders because these
people are not conscience of the cars driving behind them and
the area going across the freeway is not wide enough. He
expressed concern about future accidents at this location.
He encouraged Council to reject the request from a safety
point of view.
Joe Douglas, President of the Board of Directors of Willow
Lake Residents, requested clarification of this issue so he
could report at the next board of directors meeting. He
referenced the mitigation measures contained in the Hearing
Examiner's recommendation, specifically the installation of a
five foot chain link fence. He stated there appears to be a
conflict between the Hearing Examiner's Recommendation and
the SEPA review process document, where it states the fence
should go to the end of Willow Lake on the south side.
Cec Vogt indicated their plan has always been to install the
fence 50 yards past the main body of water where it narrows
to a canal on the north end of the lake. They had not
intended to install the fence the full length of the lake.
She further commented that although they're trying to spend
the taxpayers dollars the wisest way because the shorter the
fence, the less to spend, they will go another 50 yards, and
they had no problem installing a 6 -foot fence instead of a
five foot fence, should Council so direct.
Gary Beeman, WSDOT, explained his agency supports the
Greenway Pathway West project to supply connections across
the city via bicycle /pedestrian pathways and explained ISTEA
enhancement money is funding this project with the majority
of the project located within state highway right -of -way.
WSDOT encourages all modes of transportation, and
bicycle /pedestrian is a viable mode of transportation for
commuters and recreationalists. There is a concern about
the safety across the North 16th Avenue interchange, but
problems exist with any major crossing of interchanges within
the Yakima area. We are working to help provide access
wherever we can; the option with crosswalks across the
interstate appears feasible at this time; there is a future
possibility to widen the 16th Avenue bridge with a dedicated
pathway. We are investigating possible funding to construct
6
371
JULY 19 1994
a dedicated path. The intersection - at 16th Avenue is eight
feet wide and we will'require that crosswalks be placed at
all pathway ramps and maybe even require crossing signals.
Cec Vogt stated they would like to see this issue mitigated
and are willing to come to a solution to this problem.
Joe Schons asked if there is any planned construction to
widen 16th Street. He suggested a phased construction
approach be considered. He stated that if phased
construction is not considered and the safety issue isn't
addressed, he questioned whether -or not the City would be
liable if anyone were to get hurt. City Attorney Paolella
explained that couldn't be predicted.
Assistant Mayor Barnett closed the public meeting.
Resolution No. R -94 -96 having been read by title only, it was
MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, TO ADOPT
THE RESOLUTION. Assistant Mayor Barnett commented he
would like specifically to know where this fence is going to
be located. Due to the possible conflict between the SEPA
determination and the Hearing Examiner's recommendation, he
requested clarification from staff concerning this issue.
Don Skone provided explanation and diagrammed where the
Hearing Examiner intended the fence to extend 50 yards past
the main body of the lake. Council Member Beauchamp asked
where the residents wanted the fence. Mr. Skone explained it
was his understanding the residents preferred the fence to
extend about half a mile further. City Attorney Paolella
provided legal clarification particularly with regard to the
SEPA mitigation measures where there would be a five -foot
chain link fence installed to the west end of Willow Lake.
The Hearing Examiner would not have authority to override the
mitigation measures that the Council adopted in the Shoreline
Permitting process. He referred to a previously prepared
legal opinion relative to this issue contained in the Council
packets concerning changing a SEPA mitigation measure.
Mr. Paolella stated in his opinion the Council's decision
controls and the location would be wherever Willow Lake ends.
Council Member Sims asked Cec Vogt if they would be willing
to go the entire length of Willow Lake. She stated it would
be expensive, but if that is what Council wants to do, they
would do it. The question was called for a vote on the
motion. The motion passed by unanimous roll call vote;
Berndt absent.
The Council recessed at 3:50 p.m. and reconvened: at 4:00 p.m.'
9. AUDIENCE PARTICIPATION
None
7
3
JULY 19, 1994
10. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION
AND DEBRIS ABATEMENT PROGRAM
Leonard Hall, Code Administration Manager, indicated there
was one property at 208 S. 17th Avenue on the abatement list.
Council Member Barnett asked Mr. Hall if this program is self
supporting; in other words, does the City recover its cost to
remove the debris or vegetation. Mr. Hall indicated they do,
and if the cost is not recovered, a lien is put on the
property. After Resolution No. R -94 -97 was read by title
only, it was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN,
TO ADOPT THE RESOLUTION. The motion carried by unanimous
roll call vote.
Explaining she didn't realize when to speak to the issue,
Velma Johnson addressed the Council (between Agenda Item 12
and 12.1) stating they are cleaning up the property. She was
advised no further action would be taken as long as progress
is being made on her clean -up efforts.
RESOLUTION NO. R 94 - 97, A RESOLUTION authorizing the
Code Administration Manager to clear certain weedy lots.
11. REPORT REGARDING PROPOSED REDUCTION IN GAMBLING TAXES FOR
PUBLIC CARD ROOMS (CONTINUED FROM 7/5/94)
John Hanson, Director of Finance and Budget, explained three
of the local card room operators have requested an adjustment
in their card room operations gambling tax. This is a
Council policy decision to adjust the gambling tax or not.
Providing background information about a 1988 -89 adjustment
request by punchboard /pulltab operators, Mr. Hanson further
explained that Council at that time chose to reduce the rate
from 5% on punchboard /pulltabs to 4 %. The operators felt
that it would actually improve or enhance revenues to the
City and to their operations by receiving the tax break.
Mr. Hanson indicated possibly a reduction, from 20% down to
16 %, could give them a break and at the same time provide for
potentially greater revenues in the future. Council Member
Buchanan stated that most of the cities that have lower rates
than Yakima also have a Business and Occupation (B & 0) tax
on gross revenue, and possibly there would be interest in
going to that. Council Member Barnett stated this is a very
clear report that Mr. Wheeler gathered and put together. It
was MOVED BY BARNETT, SECONDED BY BERGER, TO ACCEPT
THE REPORT, MODIFY THE TAX AND DIRECT STAFF TO BRING
1/
BACK APPROPRIATE LEGISLATION. The motion carried by a
4 -3 voice vote; Buchanan, Sims, and Berndt voting nay.
8
3 7
JULY 19;' 1994
tkg
12. REPORT FROM LEGAL ,DEPARTMENT,REGARDING REQUEST TO AMEND
TATTOO ORDINANCE (CONTINUED FRAM 7 /5/94)
Paul McMurray, Assistant City Attorney, stated he has
reviewed and prepared essentially a revision of the early
I/ 1950s Tattoo Ordinance.. The ordinance has been enforced by
the Health District, but they do not want to continue doing
it. At this point, Mr. McMurray requested Council direction
as to whether or not to: (1) Continue with the ordinance the
way it is with the knowledge that the Health District does
not plan to enforce it; or (2) Repeal the Tattoo Ordinance
entirely; The City of Yakima is one of only four
municipalities in the state that actually regulates tattoo
parlors; or (3) Repeal most of the provisions of the current
Tattoo Ordinance that deal with health issues, keep a license
requirement to maintain an age requirement in the tattoo
ordinance, and perhaps have Codes enforce that narrow scope.
The final option would be to prohibit tattooing and tattoo
parlors entirely within the City.
Council Member Barnett expressed concern because this issue
has twice been on the agenda and the Health Officer hasn't
been able to comment because of other commitments or the
length of the Council meeting. It is essential to hear his
position on this matter before Council makes its decision.
Mayor Berndt and Mr. McMurray indicated that the Health
Officer has decided that professional tattooing does not pose
a significant health concern. There was continued discussion
concerning the regulation of tattoo parlors, and whether to
enforce the current ordinance or to repeal it.
Jennifer Rosal, tattoo parlor owner, 1415 West Yakima Avenue,
stated they have to pay the Health District $140 a year for
inspection of their establishment. She likes having the
involvement of the Health District, but disagrees with the
age 21 requirement because at most places the age is 18, not
21 years of age. She also requested the ordinance restrict
tattooing anyone under the age of 16, even with parental
consent. She also reported there is another shop in town who
has been tattooing those under the age of 21 and if she can't
do it then he should not be able to do it either. Ms. Rosal
asked what does she tell those who no longer live with their
parents or those whose parents have passed away. Mayor
Berndt directed staff to check out that situation, and
Council Member Berger indicated an answer should be provided
to Ms. Rosal's question. Council Member Buchanan requested
an explanation why the Yakima County Health Officer and the
Washington State Board of Health have provided anomalous
opinions concerning whether or not tattooing may pose a
potential public health risk. There was substantial
discussion and two motions (which died for a lack of a
second) about whether to lower the age to 18, instead of 21,
and whether to rewrite the ordinance to reflect modern
standards of care when dealing with exposure to blood and
9
374
JULY 19, 1994
needles and in accordance with the options provided by the
Assistant City Attorney in his March 18th memo. There were
also comments and Council direction provided concerning the
$140 inspection fee currently charged by the Health District.
Then it was MOVED BY BARNETT, SECONDED BY BRADO, TO
LOWER THE AGE TO 18. The motion failed by a 5 -2 voice
vote; Barnett and Brado voting aye. It was MOVED BY
BARNETT, SECONDED BY SIMS, TO DIRECT STAFF TO BRING
BACK APPROPRIATE LEGISLATION ON THE VARIOUS POINTS
ENUMERATED IN THE ASSISTANT CITY ATTORNEY'S
MEMORANDUM OF MARCH 18. The motion carried by unanimous
voice vote. Council Member Barnett stated that was done with
the understanding that the three Health Board representatives
will discuss this matter at the next Health Board meeting.
Ms. Rosal asked who is going to enforce it. Mr. McMurray
explained that the way the ordinance is written, the
enforcement is up to the Health Officer of the City, but
technically, there is no Health Officer of the City, so the
enforcing power has been the Health District instead. There
was a comment that the Health District should enforce this
ordinance for the $140 fee they charge.
12.1. CONSIDERATION OF REQUEST FROM WASHINGTON ASSOCIATION OF
MINORITY ENTREPRENEURS (WAME) FOR PURCHASE OF PROPERTY
LOCATED AT 217 NORTH 2ND STREET
Since there have been expressed concerns with regard to this
issue, Council Member Beauchamp indicated this organization
is making an attempt to deal with important issues and to
address a segment of the problem. It was MOVED BY
BEAUCHAMP, SECONDED BY BRADO, TO ASSIGN STAFF THE
TASK OF WORKING WITH SOME BANKS TO DEVELOP A
FINANCING STRATEGY, USING A PUBLIC /PRIVATE
PARTNERSHIP APPROACH, TO MAKE THIS VENTURE WORK.
Council Member Brado explained this means staff will put
together an alternative, but the City would not be securing
anything as far as financing is concerned. Council Member
Beauchamp suggested part of the funding could be through UDAG
funds and perhaps a bank could give this organization a loan
for a portion. Prior to anything being approved, an
agreeable plan could come back to Council for consideration.
Glenn Valenzuela, Director of Community and Economic
Development, suggested a 60 -day timeframe be designated to
bring back an alternative proposal. The proposal includes
basically utilizing the services of citizens to put together
1/
services for special populations. It would bring together
five organizations who are already providing services. The
original proposal, for $137,000, was designed for full
funding by the City of Yakima. Council Member Beauchamp's
recommendation includes City staff and the applicant working
together to structure a program application which would come
back to Council for further consideration and discussion.
10
375
JULY 19 1994
Council Member Brado stated he didn't support the original
proposal, but if another proposal could be put together, he
would certainly be willing to provide that opportunity.
Council members continued to discuss the request, mentioning
phone calls received from Hispanics who don't support it,
II indicating a need for full cooperation and a true
collaborative effort amoung all entities, not just among
certain groups. The question was called for a vote on
the motion. The motion carried by unanimous voice vote.
Luz Guiterrez explained there has been collaboration and
cooperation by the organizations. She introduced supporters
of the request including the Hispanic Chamber of Commerce,
Libertadores de America, and the Washington State Migrant
Council. Polo Aguilera indicated a need to establish a
facility for Hispanic organizations support services.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
WITH HUIBREGTSE LOUMAN AND ASSOCIATES FOR DESIGN OF FAIR
AVENUE, FROM SPRUCE TO PACIFIC
RESOLUTION NO. R- 94 -98, A RESOLUTION authorizing and
directing the City Manager and City Clerk of the City of
Yakima to execute an agreement with Huibregtse Louman
Associates, Inc., a civil engineering firm, for the design of
improvements to Fair Avenue, from Spruce Street to Pacific
Avenue.
*14. CONSIDERATION OF LEGI RELATING TO PRELIMINARY DESIGN
FOR 18TH STREET /CHALMERS /RIVER ROAD:
A. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH GRAY
AND OSBORNE
RESOLUTION NO. R- 94 -99, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
a professional services agreement between the City of Yakima
and Gray and Osborne, Inc.
B. FIRST READING OF ORDINANCE AMENDING 1994 BUDGET AND
APPROPRIATING FUNDS FOR SURVEYING COSTS (NO FORMAL ACTION
II REQUIRED THIS MEETING)
An Ordinance amending the 1994 budget and appropriating funds
for surveying costs relative to the 18th
Street /Chalmers /Riverside Project, having been read by title
only, was laid on the table for three weeks, until August 9,
1994.
11
376
JULY 19, 1994
*15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LETTER
OF UNDERSTANDING WITH YAKIMA VALLEY CANAL COMPANY REGARDING
GAILLEON PARK
RESOLUTION NO. R -94 -100, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
a Letter of Understanding between the City of Yakima and the
Yakima Valley Canal Company regarding performance of Yakima
City Project No. 1326.
*16. APPROVAL OF YAKIMA CABLE TV POLICIES AND PROCEDURES
The Yakima Cable TV Policies and Procedures, revised July
1994, were approved.
*17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A WATER
MAIN REIMBURSEMENT AGREEMENT WITH TANDEM CONSTRUCTION
RESOLUTION NO. R -94 -101, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
a Water Utility System Reimbursement Agreement and Conveyance
between the City of Yakima and Tandem Construction, Inc.
*18. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENTS WITH VARIOUS LENDING INSTITUTIONS RELATING TO THE
MICRO -LOAN GUARANTEE PROGRAM
RESOLUTION NO. R -94 -102, A RESOLUTION authorizing and
directing the City Manager of the City of Yakima to enter
into a collection guarantee agreement with lending
institutions.
*19. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING
BEFORE THE HEARING EXAMINER FOR AUGUST 25, 1994 TO CONSIDER
ALLEY VACATION FOR THE POLICE /LEGAL FACILITY
RESOLUTION NO. R -94 -103, A RESOLUTION fixing time for
public hearing before the Hearing Examiner on August 25,
1994, on a petition to vacate the alley in Block 53, Town of
North Yakima.
*20. NOTICE OF INTENTION TO COMMENCE EAST MEAD ANNEXATION (ADOPT
STANDARD MOTIONS A & B)
July 19, 1994 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 parties being
Roy and Connie Little.
12
• 377
JULY 19'
The annexation proposed by the. initiating parties was
accepted by the City' of Yakima'; `'nd the area to be annexed
was required to assume its share of the City's existing
indebtedness, and staff was directed to file a Notice of
Intent to Annex with the Yakima County Boundary Review Board.
*21. RATIFICATION OF APPOINTMENT OF DAVE WHEELON AS THE BANKING
REPRESENTATIVE ON THE UTILITY RATE ADVISORY BOARD
The appointment of Dave Wheelon, by the City Manager, to fill
a vacancy on the Utility Rate Advisory Board as the banking
representative, was ratified by the City Council. The
expiration date of this term of office is July 28, 1995.
*22. APPROVAL OF REPORTS FROM THE FINANCE DEPARTMENT:
A. FIRST QUARTER 1994 TREASURY REPORT
The First Quarter 1994 Treasury Report was approved.
B. SECOND QUARTER 1994 TREASURY REPORT
The Second Quarter 1994 Treasury Report was approved.
C. SECOND QUARTER 1994 BUDGET REPORT
The Second Quarter 1994 . Budget Report was approved.
*23. APPROVAL OF 1993 ANNUAL TRANSIT REPORT
The 1993 Annual Transit Report was approved.
*24. SECOND READING OF ORDINANCE AMENDING THE 1994 BUDGET AND
APPROPRIATING FUNDS FOR PARKS SUMMER WEEKEND RECREATIONAL
PROGRAMS /SPECIAL EVENTS
An Ordinance amending the 1994 budget and appropriating funds
for Parks Summer Weekend Recreational Programs /Special
I/ Events, having been read by title only at the July 5, 1994
meeting, was brought to the Council for a second reading.
ORDINANCE NO. 94 - 36, AN ORDINANCE, amending the 1994
budget for the City of Yakima; and making an appropriation of
$18,959 in the Parks and Recreation Fund for expenditure
during 1994 for Summer Weekend Recreation Programs and
Community Special Events.
13
373
JULY 19, 1994
*25. FIRST READING OF ORDINANCE AMENDING THE 1994 BUDGET AND
APPROPRIATING FUNDS FOR YAKIMA INTERURBAN LINES ASSOCIATION
CAPITAL IMPROVEMENTS (NO FORMAL ACTION REQUIRED THIS MEETING)
An Ordinance amending the 1994 budget and appropriating funds
for capital improvement projects for the Yakima Interurban
Lines Association, having been read by title only, was laid
on the table for three weeks, until August 9, 1994.
*26. FIRST READING OF ORDINANCE AMENDING THE 1994 BUDGET AND
1/
APPROPRIATING FUNDS FOR CAPITOL THEATRE STAGE REHABILITATION
(NO FORMAL ACTION REQUIRED THIS MEETING)
An Ordinance amending the 1994 budget and appropriating funds
for the rehabilitation of the Capitol Theatre stage floor,
having been read by title only, was laid on the table for
three weeks, until August 9, 1994.
27. OTHER BUSINESS
It was MOVED BY BRADO, SECONDED BY BUCHANAN, TO
REAPPOINT DENNIS KELLY TO THE URBAN AREA PLANNING
COMMISSION AND TO APPOINT FRANK GUTIERREZ TO FILL THE
VACANT TERM EXPIRING FEBRUARY 28, 1996. The motion
passed by unanimous voice vote.
Information Items:
Items of information provided to Council were: Notice of
July 25, 1994 Sports Complex Citizens Committee meeting and
membership list; Agenda for July 21, 1994 Transportation
Improvement Board meeting; 1994 Agricultural Showcase
Preliminary Schedule of Events; August 17 -18, 1994, list of
participants and agenda for August 18 Northwest Policy
Roundtable; DOE update on Yakima Railroad Area, June 1994;
Memorandum from Supervising Associate Planner regarding 1994
Population Determination from OFM. 7/5/94; Second Quarter
1994 Y -PAC Production Report; Memorandum from Legal
Department regarding Damage Claims Referred to Insurance
Company. 7/6/94; Memo from Joe Gero, New Vision /YCDA,
regarding Annual Contract Report; 6/27/94 corrected to
7/1/94; Memo from Joe Gero, New Vision /YCDA, regarding
Requested Industrial to Residential Rezone: Union Gap;
Yakima Valley Conference of Governments Newsletter, July
1994; Minutes of the June 1, 1994 Yakima Valley PTBA Board
of Directors meeting and SunTran Comprehensive
Transportation Plan (July 5, 1994); Watershed Events
newsletter from Yakima River Watershed Council and overview
of Council; Trolley Ridership Monthly Report for June 1994;
Agenda for July 18, 1994 Yakima Valley Conference of
Governments Executive Committee meeting and minutes of its
June 20, 1994 meeting; Assignments Pending in Office of
14
JULY •19 . 1994
Environmental Planning as of July 19, 1994; June 1994
Monthly Report of the Code Admi riiaration Division; Minutes
of the June 13, 1994 Parks and Recreation Commission
meeting; Agenda for the July 21, 1994 Civil Service
Commission meeting; National Association of Counties
Legislative Bulletin 6/24/94; Article from Water, "A
surprise Fine - rainwater put GM over its Permit Limit in
Metals." 7/14/94; Article from American City Business
Journals, "Setting Economic Development Goals "; Article
from July 1994 Governing, "Escalation in the Convention
Center War "; Article from June 1994 Horizon Air Magazine,
"Planning Ahead -- Portland -area Communities Prepare for
Expansion "; Article from June 27, 1994 Nation's Cities
Weekly, "Flow Control Bill at Critical Point "; Article
from July 4, 1994 Nation's Cities Weekly, "1994 All - America
City Award "; Article from July 4, 1994 Nation's Cities
Weekly, "House Adopts Amendment to Cut Off Clean Water
Funding "; and Agenda for July 28, 1994 Hearing Examiner
meeting. Distributed July 19, 1994: Article from July 13,
1994 Seattle Post - Intelligencer, "Transit Boss Says Taxes
Must Increase to Pay for Projects."
28. EXECUTIVE SESSION REGARDING ACQUISITION OF PROPERTY (POLICE
STATION) (ALLOW APPROXIMATELY 30 MINUTES)
It was MOVED BY BUCHANAN, SECONDED BY BRADO, TO
ADJOURN TO EXECUTIVE SESSION FOR APPROXIMATELY 45
MINUTES TO DISCUSS PROPERTY ACQUISITION AND
PROSPECTIVE LITIGATION, FOLLOWED BY ADJOURNMENT TO
AUGUST 9, 1994, AT AM FOR INFORMAL DISCUSSION,
THEN TO 1:00 PM FOR PUBLIC WORKS DEDICATION.
29. ADJOURNMENT TO AUGUST 9, 1994, 7:00 A.M., YAKIMA CENTER FOR
INFORMAL DISCUSSION, THEN TO 1:00 P.M., PUBLIC WORKS
FACILITY, FOR DEDICATION
Following the conclusion of the executive session, the
meeting adjourned at 5:12 p.m.
READ AND CERTIFIED ACCURATE BY: ► 1.. LI AA./ A . . LI t li /.il (0 -20-
couv I UR DATE
\ ' r - --( f
ATTEST:
I:
COUNCIL M ER DATE
i l
CITY CLERK MAY•R�
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are
available in the City Clerk's Office
15