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HomeMy WebLinkAbout11/07/1995 Business Meeting 336= CITY OF YAKIMA, WASHINGTON NOVEMBER 7, 1995 BUSINESS MEETING 1. ROLL CALL I/ 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, 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 Pledge of Allegiance was led by Council Member Buchanan. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Randy Beehler, Cable Communications Manager, introduced the new YPAC Producer, Judy Devall. Council Member Buchanan announced that Yakima will be the first City to use the new breath testing machine. It was the general consensus among Council members to postpone the joint meeting with the County Commissioners and the City of-Union Gap '.scheduled for November 21, 1995. This meeting will be rescheduled to a date yet to be determined. 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. It was the general consensus of the Council to add Items Nos. 13 and 14 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 I/ 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.) 5 337 1 NOVEMBER 7, 99 *5. APPROVAL OF THE MINUTES OF THE OCTOBER 17, 1995 BUSINESS MEETING AND SPECIAL "JOINT MEETING The minutes of the October 17, 1995 Special Joint Meeting and Business meeting, were approved, having been duly certified accurate by two Council members and no one present I/ wishing to have said minutes read publicly. 6. PUBLIC 'HEARING ON REQUEST FOR RELEASE OF EASEMENT, FILED BY RICHARD AND BARBARA YARGER This being the time set for the public hearing, Joan Davenport, Supervising Associate Planner, provided background information about the request to vacate a public utility easement. An easement is needed to provide access to Lot 4 of the short plat to accommodate future sewer requirements. There have been no objections from utility providers. The staff recommendation is for Council to adopt the resolution authorizing execution of the quit claim deed releasing the existing easement in exchange for a new public utility easement. Mayor Berndt opened the public hearing and asked if anyone, either in,favor or opposed to the easement release, wished to comment. There being no one, she closed the public hearing. Resolution No. R -95 -148 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. Council Member Buchanan suggested that the Hearing Examiner review uncontested easement releases. After discussion about this suggestion, staff was directed to study the issue and report back to Council. RESOLUTION NO. R - 95 - 148, A RESOLUTION authorizing the City Manager and the City Clerk to execute a Quit Claim Deed releasing a portion of an easement for public utilities and irrigation. 7. PUBLIC HEARING ON ALPINE COURT SEWER LOCAL IMPROVEMENT DISTRICT NO. 1053 (SEE ORDINANCE CREATING LID) I/ This being the time set for the public hearing, Al Rose, Office Engineer, and Mary Lovell, Engineering Tech, were available for questions. Mr. Rose provided detailed information about the LID formation request and the assessment rates, which comply with state law and city policy. The project will connect to the new sewer main at N. 88th Avenue, recently constructed by Yakima County as part of the Summitview road improvement project. 2 333. NOVEMBER 7, 1995 Mayor Berndt opened the public hearing and asked if anyone wished to comment. There being no one, she closed the public hearing. After Ordinance No. 95 -59 was read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 95 - 59, AN ORDINANCE providing for the I/ improvement of certain property by constructing an 8 -inch public sewer system; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. 8. PUBLIC HEARING ON INTERIM CRITICAL AREAS ORDINANCE This being the time set for the public hearing, Dan Valoff, Associate Planner, presented a brief overview of the proposed new Critical Areas Protection Overlay District. The staff recommendation is to pass the ordinance which will provide interim protection for certain critical areas as required under the Growth Management Act. Council members discussed the purpose of the interim ordinance to comply with the law until a permanent comprehensive plan is adopted. Glenn Valenzuela, Director of Community & Economic Development, explained the project review process which will include a case by case analysis and will not impose standard requirements. Mayor Berndt opened the public hearing and asked if anyone wished to comment. There being no one, she closed the public hearing. After Ordinance No. 95 -60 was read by title, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 95 - 60, AN ORDINANCE relating to land use and zoning; providing interim protection for certain "critical" areas as required under the Growth Management Act, and adding a new Chapter 15.27 entitled Interim Critical Areas Protection: including several sections in the new chapter. 9. PUBLIC HEARING AND LEGISLATION REGARDING REFUSE DIVISION CHANGES I/ A. ALTERNATIVE ORDINANCES MODIFYING WEIGHT LIMITS AND CARRY- OUT SERVICE 1) RESTRICTED CARRY -OUT 2) OMNIBUS 3 33,9 NOVEMBER 7, 1995 Nancy Gaudette, Refuse & Recycling Manager, explained the proposal to reduce curb` or alley can weight from 75 pounds to 65 pounds and to reduce carryout and sunken can weight from 75 pounds to 50 pounds. An alternative ordinance would restrict carryout and sunken can service to customers who are I/ unable to place containers at the property line. There was discussion among Council members and staff concerning the proposals, including injuries experienced by workers when lifting the underground containers. Council Member Barnett questioned a reduction in carryout weight without a change in rates for the reduced weight. Mayor Berndt opened the public hearing and asked if anyone wished to comment about these proposed changes. Robert McGee, Sunrise Park Co -op, objected to the elimination of the service. Jared Sweesy, President of AFSCME Local 1122, is opposed to taking any services from those who need them. There was a brief discussion about reducing the weight of the cans without eliminating carryout service. Council Member Sims pointed out the proposed Omnibus Ordinance allows people to pay for the carryout services whether they are disabled or not. Gordon Spencer, 212 N. 31st Avenue, requested carryout service not be eliminated because it would create a hardship for those people whol ,cannot ;,carry out their garbage cans. He urged the Council to continue charging for carryout service and pointed out that outside service providers would be happy to provide this service. After the Omnibus Ordinance No. 95 -61 was read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 95 - 61, AN ORDINANCE relating to health and sanitation; and amending City of Yakima Municipal Code, Subsections 4.16.140(C)(1), 4.16.170(c), 4.16.170(d) and 4.16.170(i). B. FIRST READING OF ORDINANCE AMENDING THE 1995 BUDGET AND APPROPRIATING FUNDS FOR REFUSE (NO ACTION REQUIRED THIS MEETING) An ordinance amending the 1995 budget and appropriating funds for unplanned retirement and staff overtime in the Refuse Division, having been read by title only, was laid on the table for two weeks, until November 21, 1995. 4 340 NOVEMBER 7, 1995 10. PUBLIC HEARING ON 1996 TAX LEVIES A. ORDINANCE ADOPTING AD VALOREM TAX This being the time set for the public hearing, Bob Wheeler, Accounting Manager, explained assessed valuation figures. Mayor Berndt opened the public hearing and asked if anyone wished to comment. There being no one, she closed the public hearing. Ordinance No. 95 -62 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE. ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 95 - 62, AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 1996 budget for the City of Yakima. 11. AUDIENCE PARTICIPATION None. 12. CONSIDERATION OF APPOINTMENT TO THE CHARTER CIVIL SERVICE COMMISSION It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO RETAIN TIM CARLSON AS THE EMPLOYEE DESIGNEE ON THE CHARTER CIVIL SERVICE COMMISSION. The motion carried by unanimous voice vote. *13. REPORT FROM TRANSIT DIVISION AND COUNCIL TRANSIT COMMITTEE REGARDING PROPOSAL TO DISCONTINUE TRANSIT EXTENDED SERVICE DURING THE HOLIDAYS The report from the Transit Division and the Council Transit Committee to discontinue Transit extended service during the holidays was accepted. *14. REPORT FROM TRAFFIC ENGINEERING DIVISION AND POLICE DEPARTMENT REGARDING SPEED LIMIT ON 18TH STREET BY YAKIMA COUNTY FAIRGROUNDS The report from the Traffic Engineering Division and the Police Department regarding the speed limit on 18th Street by the Yakima County Fairgrounds was accepted. 5 N • OVEMBER 7, 1995 3 4 1 • • *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES'AGREEMENT :IiWITH GRAY AND OSBORNE FOR ELECTRICAL SYSTEMS FOR THE KIWANIS AND AIRPORT WELLS RESOLUTION NO. R -95 -149, A RESOLUTION authorizing 1/ execution of a contract for engineering services with Gray and Osborne, Inc. *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH CH2M HILL FOR STUDY OF INTAKE MODIFICATIONS AT THE WATER TREATMENT PLANT RESOLUTION NO. R -95 -150, A RESOLUTION authorizing execution of a contract for engineering services with CH2M- Hill. *17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF. CONTRACT WITH PEOPLE FOR PEOPLE FOR DIAL -A -RIDE SERVICE RESOLUTION NO. R -95 -151, A RESOLUTION authorizing the City Manager and City Clerk to execute an agreement with the People for People, Inc. extending a contract for transportation brokerage services through June 30, 1996. *18. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION. OF_A SEWER MAIN REIMBURSABLE AGREEMENT WITH MOUNT OLIVE LUTHERAN CHURCH • RESOLUTION NO. R -95 -152, A RESOLUTION authorizing the City Manger and City Clerk of the City of Yakima to execute a Sewer utility System.Reimbursement Agreement and Conveyance between the City of Yakima and Mount Olive Lutheran Church. *19. CONSIDERATION OF RESOLUTION RATIFYING APPROVAL OF FIREWORKS DISPLAY PERMIT AT EISENHOWER HIGH SCHOOL AND WAIVING PERMIT FEE RESOLUTION NO. R -95 -153, A RESOLUTION approving, ratifying, and waiving the $50.00 fireworks display permit application fee for the ASB Leadership Council of Eisenhower High School pursuant to Yakima Municipal. 10.15.040. *20. CONSIDERATION OF RESOLUTIONS AUTHORIZING GRANT ACCEPTANCE FOR ENHANCEMENT OF YILA FACILITIES FROM: r A. FUNDING THROUGH S.T.E.P. PROGRAM FOR YVT ELECTRIC RAILROAD RESTORATION . . RESOLUTION NO. R -95 -154, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement finalizing funding through the S.T.E.P. program for YVT Electric Railroad Restoration. 6 3;4 - NOVEMBER 7, 1995 B. FUNDING THROUGH I.S.T.E.A. PROGRAM FOR YVT ELECTRIC RAILROAD PRESERVATION RESOLUTION NO. R - 95 - 155, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement finalizing funding through the I.S.T.E.A. program for YVT Electric Railroad Preservation. *21. CONSIDERATION OF RESOLUTION ADOPTING A SUBSTANCE ABUSE POLICY FOR CITY EMPLOYEES RESOLUTION NO. R - 95 - 156, A RESOLUTION adopting the City of Yakima Substance Abuse Policy. *22. APPROVAL OF 3RD QUARTER 1995 ACCOUNTS RECEIVABLE REPORT The Third Quarter 1995 Accounts Receivable Report was accepted. *23. APPROVAL OF FINAL CONTRACT PAYMENTS FOR: A. MADISON AVENUE & 8TH AVENUE UTILITIES (AMENDED PAYMENT) The report from the City Engineer, dated October 25, 1995, with respect to the completion of the work on the Madison Avenue & 8th Avenue Utilities project, performed by Central Concrete & Utilities, was approved, the work accepted and payment of the amended final estimates as therein set forth was authorized. B. YAKIMA RAILROAD AREA WATER MAIN EXTENSION PROJECT FOR ZONE 2 EAST The report from the City Engineer, November 2, 1995, with respect to the completion of the work on the Yakima Railroad Area Watermain Extension Project - Zone 2 East project, performed by Central Concrete & Utilities, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *24. CONSIDERATION OF ORDINANCE AMENDING THE PROCEDURE FOR APPEAL I/ OF DENIAL OF TAXI DRIVER'S LICENSE ORDINANCE NO. 95 - 63, AN ORDINANCE relating to licenses and business regulations; regulating taxi cabs and vehicles for hire; allowing the City Clerk to set the time and place for hearings to review license denial or revocation; and amending Section 5.78.245 of the City of Yakima Municipal Code. 7 343 - NOVEMBER 7, 1995 *25. FIRST READING OF ORDINANCES AMENDING THE 1995 BUDGET AND APPROPRIATING FUNDS'FOR` DIS BUDGET PAYMENTS FOR 1995 (NO FORMAL ACTION REQUIRED THIS MEETING) An .Ordinance amending the 1995 budget and appropriating funds for Health District budget payments for 1995, having been read by title only, was laid on the table for two weeks, until November 21, 1995. 26. OTHER BUSINESS Information Items:' , • Items of information provided to Council were: Memorandum ' from City Manager Zais regarding Notice of 1996 Management Pay and Compensation Adjustment :(PACA). 11/3/9:5 "; Notice of Special Yakima Air Terminal Board meeting on November 9, . 1995; Agenda for November 9, 1995 Hearing Examiner meeting; • Memorandum from Director of Public Works and Transit Manager regarding PTBA Progress. 11/7/95; Letter to Washington State Department of Transportation regarding I -82, East YAKIMA Interchange Area & Fair Avenue Project. 10/30/95; Memorandum from Director of Public Works and Parks & Recreation Manager regarding DOC Agreement. 11/1/95; Traffic Engineering Citizen Request and Activity Report for October 1995; Rebound Plus Monthly Report for October 1995; Assignments Pending in Office of Environmental Planning as of November 7, 1995; , Legal Department Monthly Report for September 1995; Memorandum, Yakima Health District regarding E2SSB 5448 (Satellite Management of Public Water Systems). 10/30/95; Agenda for-November 16, -1995 SunTran public hearing and minutes of its September 27, 1995 meeting, including By -Laws; Article from 11/3/95 Seattle P.I.., "Street Fee is Illegal "; . Article from 10/31/95 Seattle P.I., "Seattle Calls County Plan `Power Grab' and Article from 10/29/95 Seattle Times, "Referendum 48: What effect Would it Really Have in State ?" 27. EXECUTIVE SESSION FOR: • A. COLLECTIVE BARGAINING FOR FIRE IAFF AND.TRANSIT . B. PROPERTY ACQUISITION FOR FIRE TRAINING CENTER It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE - OF ="DISCUSSING COLLECTIVE BARGAINING AND PROPERTY ACQUISITION, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO NOVEMBER 14, 1995, AT 9 A.M. FOR BUDGET REVIEW. The motion by unanimous voice vote. 8 3:.44 NOVEMBER 7, 1995 28. ADJOURNMENT TO NOVEMBER 14, 1995 AT 9:00 A.M., COUNCIL CHAMBERS, FOR POLICE, FIRE AND COMMUNITY DEVELOPMENT BUDGET REVIEW Immediately following the conclusion of the Executive Session, the meeting adjourned at 3:35 p.m. READ AND CERTIFIED ACCURATE BY: //ea:c./4L— / 97 0 I/ CIL MEMBER / DATE COUNCIL MEMBEr DATE ATTEST: ( CITY CLERK MAYOR MINUTES PREPARED BY DEPU'T'Y CITY CLERK SKOVALD. An audio and video tape of this meeting are available in the City Clerk's Office. 1 9 335 • CITY OF YAKIMA, WASHINGTON NOVEMBER 7, 1995 SPECIAL PRESENTATION I/ The City Council met in session on this date at 1:30 p.m., in the Council Chambers of City Hall, Mayor Pat Berndt, presiding, Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger, Lynn Buchanan, and Bernard Sims present on roll call. City Manager Zais was also present. 1. SPECIAL PRESENTATION TO VISITORS FROM TURKMENISTAN AND TAJIKISTAN Council members welcomed the delegation from the countries of Turkmenistan and Tajikistan. These government, business and professional representatives were in Yakima to learn about the City's government structure and exchange information about the duties and responsibilities of elected local officials. Other areas of interest to the visitors include business licenses and inspections, zoning ordinances and infrastructure financing. The group was sponsored by the Yakima Valley Community College Business Development Center. • The meeting adjourned at the hour of 1:45 p.m. READ AND CERTIFIED ACCURATE BY: 4iiL4mrs, I 9 OUNCIL MEMBER DATE / 4 • CSUNCIL ME = DATE ATTEST: wn. � 4 4 CITY CLERK MAYOR I/ Minutes prepared by Deputy City Clerk Skovald. •