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HomeMy WebLinkAbout08/09/1994 Adjourned Meeting / Business Meeting 382 CITY OF YAKIMA, WASHINGTON AUGUST 9, 1994 ADJOURNED MEETING The City Council, having been invited to attend the dedication of the Public Works Facility, had adjourned the July 19, 1994 Council meeting to August 9, 1994 at 1:00 p.m. at the Public Works Complex. Mayor Pat Berndt being the only Council attendee; there was no quorum of the Council present. 1. DEDICATION OF PUBLIC WORKS FACILITY A ceremony was held to dedicate the facility in honor of Del Kary, former City employee. * * * * * * * * * * CITY OF YAKIMA, WASHINGTON AUGUST 9, 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, Ernie Berger, Bill Brado, Lynn Buchanan, and Bernard Sims present on roll call. Council Member Henry Beauchamp absent and excused. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Berger. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) August 17, 1994 was proclaimed "Yakima Find Another Way Day" to encourage citizens to utilize alternate transportation to single occupancy vehicles. The proclamation was presented to Lon Wyrick, Conference of Governments. Bettie Ingham, Yakima County Commissioner, accepted the Mayor's challenge between City Hall and Yakima County to have the most employees register as having used alternate transportation. Mayor Berndt announced that the City's Wastewater Treatment Plant Division received the National Safety Council Award of Safety. Bruce Bates, representing the Wastewater Treatment 383 AUGUST 9, 1994 Plant, was present to accept the,Council's congratulations on behalf of the Division.` 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. Mayor Berndt announced that Agenda Items Nos. 20 and 21 have been removed from the agenda. It was the consensus of Council to add Item No. 12 to the Consent Agenda. 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; Beauchamp absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF THE JULY 5, 1994 COUNCIL MEETING AND JULY 19, 1994 SPECIAL MEETING The minutes of the July 5, 1994 Business meeting and July 19, 1994 Special meeting were approved having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. PRESENTATION ON AGRICULTURAL SHOWCASE Ed Herrell, Ki -Yak, thanked the Council for their support and sponsorship of the Ag Showcase. Leslie Ganz reported the Ag Showcase will begin next week. She stated that the three objectives of the Ag Showcase, which are to increase awareness of Washington State agriculture products around the world; assist small and medium sized companies become export ready; and increase importance of agriculture, not only on the west side of the state, but also throughout the Pacific Northwest, have been met. She gave an update on the number of registered exhibitors and buyers, which has steadily been increasing since the first Showcase. 7. PRESENTATION BY CLEAN AIR AUTHORITY REGARDING WOODSTOVE BUY- BACK PROGRAM Tom Silva, Director, Clean Air Authority, was present along with Will Allen, to explain the woodstove buy -back program. He stated that EPA awarded them $97,000 for phase two of this program, which is to replace heavily polluting, old, uncertified woodstoves with a cleaner, lower emissions, source of heat. He distributed information and statistics on this program. Mr. Allen reported that EPA has designated an eligible program area as the carbon monoxide non - attainment areas, of which the boundary is approximately 16th Avenue, Mead, First Street and Fruitvale. He asked if the City has 2 38 AUGUST 9, 1994 any agency or department that can help spread the word to the citizens about this program, to please assist them in this endeavor. Mayor Berndt asked the City Manager to advise the staff at the Housing and Neighborhood Conservation Office about this program. 8. PUBLIC HEARING ON NOTICE OF INTENTION TO CREATE WILLOW AREA WATER LOCAL IMPROVEMENT DISTRICT NO. 1052 (SEE ORDINANCE CREATING LID) Al Rose and Mary Lovell, Engineering Division, were present to respond to any questions by the Council or public. Mr. Rose stated that property owners in the County representing over 75% of the area's assessed value have signed Outside Utility Agreements. The project is divided into three schedules: Willow Street, 20th to 24th Avenues; 20th Avenue, from Fruitvale to Willow; and North 28th Avenue, from Castlevale to Willow. Responding to Council Member Barnett's inquiries, Mr. Rose stated the property owners were notified of this hearing by mail and a notice was placed in the newspaper. The assessments were calculated on a per parcel rate. Mayor Berndt opened the public hearing. Mike Beehler, property owner of three parcels, Mrs. Verne Ogden, 214 South 17th Avenue, owner of property on 28th Avenue, and Bill Rivera, 5207 Crest Drive, owner of property on North 20th Avenue, spoke in support of the need for the water lines. There being no other citizen present wishing to speak, the Mayor closed the public hearing. Ordinance No. 94 -37 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE ORDINANCE BE PASSED. The motion carried by unanimous voice vote; Beauchamp absent. ORDINANCE NO., 94 - 37, AN ORDINANCE providing for the improvement of certain property by constructing an 8 - inch public water system; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. 9. AUDIENCE PARTICIPATION Cecil Aston, Transit Driver, reported that two Transit employees, Charles Parsley and Gary Tanner, recently received one million mile Safety Awards from the National Council on Safety. He commented it takes about 15 years to accumulate that amount of miles. He also thanked the Mayor and City Manager for attending the dedication of the Public Works Facility. Mayor Berndt asked the City Manager to prepare an appropriate commendation for these two employees. 3 385 AUGUST 9, 1994 10. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM Leonard Hall, Code Administration Manager, reported the situation has been abated and no action is necessary on this item. 11. ADOPTION BY MOTION FORMAL DECISION TO GRANT A SHORELINE PERMIT FOR THE YAKIMA GREENWAY FOUNDATION Mayor Berndt excused herself from participating in this item due to appearance of fairness and handed the gavel to Assistant Mayor Barnett. City Manager Zais commented there was a substitute page distributed today in the formal findings of fact which corrected a typing error. Following discussion, it was MOVED BY BRADO, SECONDED BY BUCHANAN, TO APPROVE THE FINDINGS OF FACTS, CONCLUSION OF LAW AND THE DECISION TO GRANT A SHORELINES PERMIT TO THE GREENWAY FOUNDATION FOR THE GREENWAY PATH EXTENSION. The motion carried by unanimous voice vote; Berndt not voting; Beauchamp absent. *12. CONSIDERATION OF RESOLUTION ADOPTING NEW FEE SCHEDULE FOR THE YAKIMA CENTER RESOLUTION NO. R -94 -104, A RESOLUTION authorizing the adoption of the Yakima Center's rental rates. *13. ACCEPTANCE OF SECOND QUARTER 1994 INSURANCE CLAIMS REPORT AND CONSIDERATION OF RESOLUTION RATIFYING CLAIMS SETTLEMENTS RESOLUTION NO. R -94 -105, A RESOLUTION accepting and approving the Quarterly Insurance Claims Report. *14. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF INTERLOCAL PURCHASING AGREEMENTS WITH: A. CITY OF BELLINGHAM RESOLUTION NO. R -94 -106, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the City of Bellingham. B. PIERCE COUNTY I/ RESOLUTION NO. R -94 -107, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Pierce County. 4 336 AUGUST 9, 1994 *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH HOGUE RANCHES FOR BENEFICIAL RE -USE OF WASTEWATER TREATMENT PLANT BIOSOLIDS RESOLUTION NO. R - 94 - 108, A RESOLUTION authorizing a contract with Hogue Ranches for utilization of Wastewater Treatment Plant biosolids. *16. SET DATE OF PUBLIC MEETING FOR AUGUST 23, 1994 ON YAKIMA GATEWAY RETAIL CENTER PRELIMINARY PLAT, REQUESTED BY GARY LUKEHART August 23, 1994 was set as the date of public meeting to consider the Hearing Examiner's recommendation on the vacation of portions of East "A" Street, North 12th Street, Fair Avenue and (old) East Yakima Avenue, as well as a preliminary long plat and easement releases, requested by Gary Lukehart for the development of the Gateway Retail Center. *17. APPROVAL OF REPORTS FROM THE FINANCE DEPARTMENT: A. SECOND QUARTER 1994 ACCOUNTS RECEIVABLE REPORT The Second Quarter 1994 Accounts Receivable Report was approved. B. JULY 1994 BUDGET REPORT The July 1994 Budget Report was approved. *18. SUBMISSION OF ANNUAL REPORT TO THE WASHINGTON STATE ENERGY OFFICE ON COMMUTE TRIP REDUCTION ACTIVITY The Report from Yakima County on the Commute Trip Reduction activities for July 1, 1994 to June 30, 1994, was accepted. *19. APPROVAL OF FINAL CONTRACT PAYMENT FOR MEAD AVENUE /RUDKIN ROAD PROJECT /RAILROAD WATER PROJECT (STANDARD MOTION V -B -- ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) The report from the City Engineer, dated August 2, 1994, with respect to the completion of the work on the Mead Avenue /Rudkin Road Project /Railroad Water Project, performed by Central Concrete & Utilities /DeBlasio Construction, a joint venture, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 1/ 20. CONSIDERATION OF ORDINANCE EXPANDING DUTIES OF THE HEARING EXAMINER TO REVIEW SEPA APPEALS This item was removed from the Agenda. 5 AUGUST .9, 1994 3 8 7 21. REPORT FROM LEGAL AND POLICE DEPARTMENTS AND CONSIDERATION OF ORDINANCE TO PROHIBIT INTOXICATING LIQUOR AND FIREARMS ON YAKIMA GREENWAY FOUNDATION PROPERTY This item was removed from the Agenda. *22. CONSIDERATION OF ORDINANCE REZONING PROPERTY IN THE VICINITY OF 2600 RACQUET LANE, REQUESTED BY M. IRWIN ORDINANCE NO. 94 - 38, AN ORDINANCE relating to zoning; rezoning property located near 2600 Racquet Lane in Yakima, Washington from Light Industrial (M -1) to Multi - Family Residential (R -3); amending the zoning map of the City of Yakima; subject to certain conditions. *23. CONSIDERATION OF ORDINANCE INITIATING EMINENT DOMAIN PROCEEDINGS FOR THE GOODWILL BUILDING ORDINANCE NO. 94 - 39 AN ORDINANCE authorizing and directing the institution and prosecution of legal proceedings for the condemnation and acquisition of real property for the Yakima Police Station /Legal Center to be located on South Third Street and for public facilities related thereto; providing for the condemnation and taking of such real property and declaring the condemnation and taking thereof to be necessary for the public use required by the public interests; directing that compensation for such taking be paid from fund number 333 - Law & Justice Capital Fund of the City of Yakima. *24. SECOND READING OF ORDINANCE AMENDING THE 1994 BUDGET AND APPROPRIATING FUNDS FOR YAKIMA INTERURBAN LINES ASSOCIATION CAPITAL IMPROVEMENTS An Ordinance amending the 1994 budget and appropriating funds for the rebuilding of the track wye at the corner of West Pine and South 6th Street, having been read by title only at the July 19, 1994 Council meeting, was brought before the Council for a second reading. ORDINANCE NO. 94 - 40, AN ORDINANCE amending the 1994 budget for the City of Yakima; and making an appropriation of $100,000 in the Trolley Fund for expenditure during 1994 for capital improvement projects. *25. SECOND READING OF ORDINANCE AMENDING THE 1994 BUDGET AND APPROPRIATING FUNDS FOR CAPITOL THEATRE STAGE REHABILITATION An Ordinance amending the 1994 budget and appropriating funds for the replacement of the Capitol Theatre stage floor, having been read by title only at the July 19, 1994 Council meeting, was brought before the Council for a second reading. 6 388 AUGUST 9, 1994 ORDINANCE NO. 94 - 41, AN ORDINANCE amending the 1994 budget for the City of Yakima; and making an appropriation of $30,000 in the Capitol Theatre Fund for expenditure during 1994 for repair /replacement of the stage floor. *26. SECOND READING OF ORDINANCE AMENDING THE 1994 BUDGET AND APPROPRIATING FUNDS FOR PRELIMINARY DESIGN FOR 18TH I/ STREET /CHALMERS /RIVER ROAD An Ordinance amending the 1994 budget and appropriating funds for surveying costs related to the 18th Street /Chalmers /Riverside project, having been read by title only at the July 19, 1994 Council meeting, was brought before the Council for a second reading. ORDINANCE NO. 94 - 42, AN ORDINANCE amending the 1994 budget for the City of Yakima; and making an appropriation.of $41,000 in the General Fund for expenditure during 1994 for surveying costs relative to the 18th Street /Chalmers /Riverside Project. 27. OTHER BUSINESS It was MOVED BY BUCHANAN, SECONDED BY BARNETT, TO APPOINT KEN ALBRIGHT TO THE YAKIMA CENTER ADVISORY COMMITTEE TO FILL A VACANCY ON THE BOARD HAVING A TERM EXPIRATION DATE OF JUNE 30, 1996. The motion carried by unanimous voice vote; Beauchamp absent. Information Items: Items of information supplied to Council were: Memorandum from Wastewater Division regarding National Safety Council Award. 8/2/94; EPA Notice of public hearing - Goodwill Industries Site; 8/94; Letter from Thomas Brachko regarding Legislation making English the official language of the Government. July 1994; Memo from Central Washington Home Builders Association regarding Results of Governance Audit. 7/29/94; Meeting notice of August 9, 1994 Northeast Yakima Neighborhood Association meeting; Agenda for August 11, 1994 Hearing Examiner meeting; Memorandum from Legal Department regarding Damage Claims Referred to Insurance Company. 8/2/94; EPA Superfund Fact Sheet - FMC Corporation; 7/29/94; Traffic Engineering Citizen Request and Activity Report for June and July 1994; Rebound Plus Monthly Report for July 1994; Assignments Pending in Office of Environmental Planning as of August 9, 1994; Trolley Ridership Monthly Report for July 1994; Report from Human Resources regarding vacancies and hirings for July 1994; Code Administration Monthly Report for July 1994; Invitation from State Department of Information Services to experience Washington's Interactive Technologies on August 25, 1994; Agenda for August 4, 1994 Yakima Air 7 389 AUGUST 9, 1994 Terminal Board meeting and minutes of its June 29, 1994 meeting; Minutes of the July ` 1994 Yakima Valley PTBA Board of Directors meeting; Yakima Valley Conference of Governments Newsletter; August 1994; Municipal Seminar for Elected and Appointed Officials & Planners on September 23, I/ 1994 in Seattle; Washington State Tourism Bulletin; July 1994; NACO Legislative Bulletin; July 1994; Article from July 18, 1994 Nation Cities Weekly, "Mandates Relief on Front Burner - Towns Introduces Bill to House Subcommittee "; Article from August 1994 Governing, "Graffiti "; and Article from August 2, 1994 Seattle P -I, "Updating Downtown." 28. EXECUTIVE SESSION REGARDING: A. ACQUISITION OF PROPERTY (POLICE STATION) (ALLOW APPROXIMATELY 30 MINUTES) B. COLLECTIVE BARGAINING - TRANSIT LABOR NEGOTIATIONS It was MOVED BY BUCHANAN, SECONDED BY BERGER, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING ACQUISITION OF PROPERTY AND COLLECTIVE BARGAINING, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Beauchamp absent. 29. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 3:30 p.m. READ AND CERTIFIED ACCURATE BY: c P / -zic UJ -06 -?_5 COUNC IL L- MEMBER DATE COIL MEMB Dot E ATTEST: )U C ITY CLERK MAJOR An audio and video tape of this meeting are available in the City Clerk's Office 8