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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