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HomeMy WebLinkAbout06/03/1997 Business Meeting 3.71 CITY, OF :YAKIMA, ::WASHINGTON JUNE 3, 1997 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, Yakima, Washington, Mayor Lynn Buchanan, presiding. Council Members Clarence Barnett, Ernie Berger, John Klingele, John Puccinelli, and Bernard Sims present on roll call. Council Member Henry Beauchamp was 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 Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. ANNOUNCEMENT REGARDING NORTHEAST NEIGHBORHOOD MAINTENANCE WALK Bev Luby Bartz invited Council members to attend the Northeast Neighborhood Maintenance Walk on June 5, 1997 at 5:30 p.m. B. PROCLAMATIONS Mayor Buchanan read a proclamation declaring June 1 -7, 1997 as Management Week.' Allen Edmondston, President of the Alumni Association, invited Council members to attend the Yakima Valley College Alumni Reunion on June 7, 1997 from noon to 3:00 p.m. Council members briefly discussed the joint City /County /Union Gap meetings which have been canceled by the County and what needs to be done in order to meet with the County. 4. CONSENT AGENDA Mayor Buchanan referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. I/ It was announced the Agenda Item No. 10 would be removed and postponed for two weeks. It was the general consensus of the Council to remove Item 11 B and to add Item No. 9 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 KLINGELE, THAT THE CONSENT AGENDA, AS AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 17 2! JUNE 3, 1997 *5. APPROVAL OF THE MINUTES OF THE NOVEMBER 25, 1996 BUDGET REVIEW AND JANUARY 14, 1997 SPECIAL BUSINESS MEETING The minutes of the November 25, 1996 Budget Review and January 14, 1997 Special Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION Connie Little, 2002 Simpson Lane, presented Council with a copy of a program she produced for YCTV regarding an all - weather access through Snoqualmie Pass and a proposal she put together. She stated a tunnel is needed and was discussed years ago as evidenced by a report from the State's archives regarding a solution. Manuel Sandoval, 301 Grandview Avenue, Sunnyside, spoke to Council about the Seahawks stadium proposal and Mr. Allen's commitment to fund youth sports facilities. He encouraged Yakima to seek a grant of funds if the measure passes on the State ballot. Jake Rufer, 1323 South 38th Avenue, distributed a copy of a land use decision by the Hearing Examiner in which the lack of an Airport Master Plan was discussed. He stated the City and County need to meet to develop a "level playing field" for developers. 7. REPORT ON PROPOSED PROFESSIONAL SERVICES AGREEMENT FOR BUSINESS INCUBATOR PROJECT MANAGEMENT Vaughn McBride, Assistant Planner, provided a brief overview of the process and the critical time frame of this project. He reported the City Council Committee on Economic Development recommends the YVCC be awarded the contract. He urged the City Council to select a candidate and direct staff to prepare the contract for the project. After discussion about the design phase of the proposed facility, it was MOVED BY SIMS, SECONDED BY PUCCINELLI, THAT THE YVCC BUSINESS DEVELOPMENT CENTER BE SELECTED AND DIRECT THAT PREPARATION OF THE CONTRACT BE MADE BY STAFF. The motion carried by unanimous voice vote; Beauchamp absent. 8. REPORT FROM PARKS AND RECREATION REGARDING POWERHOUSE CANAL PATHWAY IMPROVEMENTS REGARDING QUAIL HABITAT Denise Nichols, Parks and Recreation Manager, presented information about the Powerhouse Canal Pathway improvements from 32nd Avenue and Englewood Avenue up to 40th Avenue. After talking to the neighborhood and taking their comments into consideration, the staff recommendation is to install benches and garbage cans with no playground equipment or picnic tables to be installed. The pathway will be kept as natural as possible by planting vegetation to enhance the quail habitat and to make it very aesthetically pleasing to those using the pathway. The landscaping will require 2 JUNE 3, 1997 373 irrigation to be installed along the pathway, and there are two points that ` need fencing installed for some of the neighbors. Ms. Nichols reported the public meeting went well with 12 people attending and several written responses being received. She is very happy with the resolution of this issue. Council Member Barnett asked about the water I/ availability for the birds, and Ms. Nichols explained this will be provided by putting in a natural area along the pathway with water. Council Member Puccinelli expressed concern about the guardrail replacements at 40th Avenue, and staff will look into this issue. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO ACCEPT THE REPORT AND THE STAFF RECOMMENDATIONS. The motion carried by unanimous voice vote; Beauchamp absent. *9. REPORT FROM STREETS AND TRAFFIC ENGINEERING REGARDING STATUS OF SIGNAL WARRANTS FOR VARIOUS INTERSECTIONS This item was added to the Consent Agenda; the report was accepted. 10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICE AGREEMENT WITH BUSINESS & DEVELOPMENT CONSULTANT SERVICES TO CONDUCT EVALUATION OF NEIGHBORHOOD DEVELOPMENT SERVICES PROGRAM OVERVIEW This item was removed from the agenda. 11. CONSIDERATION OF LEGISLATION REGARDING OUTSIDE AGENCY FUNDING REQUESTS: *A. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE FOURTH OF JULY COMMITTEE. 5„ RESOLUTION NO. R- 97 -78, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Fourth of July Committee to provide a fireworks display on the evening of July 4, 1997. B. RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH THE HISPANIC CHAMBER OF YAKIMA COUNTY City Manager Zais reported the new Hispanic Chamber of Commerce of Yakima County has requested the Council approve their proposal. That organization has asked to perform professional services on the City's behalf, specifically as I/ it relates to providing a survey of Hispanic business activities and to also formalize the Sister City Program with Morelia, Michoacan, Mexico. Mr. Zais noted there has already been several informal trade mission communications with this city over the last couple of years. However, the original Hispanic Chamber of Commerce has provided correspondence on this issue and has requested the Council consider this matter. Mr. Zais noted that the Council had budgeted $1,000 for this purpose in the 1997 Budget. He indicated that this issue has become somewhat complicated 3 37 4 JUNE 3, 1997 because, in effect, this request is essentially a second proposal from a second chamber of commerce to perform work that was originally conceived by and planned with another chamber of commerce, the Hispanic Chamber of Commerce of Greater Yakima. That organization entered into a contract with the City in 1995 to engage in similar services. The funds were provided for in the original 1996 budget, but the Hispanic Chamber of Commerce of Greater Yakima did not complete the contractual services. That contract ended in 1996, and the funding was reappropriated into the 1997. budget. Mr. Zais also added that the City of Yakima had not received any further communication until this time with respect to a proposal to perform these services by either association. The original Hispanic Chamber has provided correspondence on this issue and has requested to address this matter. Juan Aguilar, Public Relations Director of the Hispanic Chamber of Commerce of Greater Yakima, 1205 Spokane Street, provided the Council with a six -page historical overview about his organization. Included in that submittal is information about the Chamber's operation, its election of officers, as well as a summary about activities associated with the survey of the Hispanic businesses and the Sister City Program with Morelia, Michoacan, Mexico. To promote a better understanding of the situation, Mr. Aguilar described the dissidence within the organization and then elaborated on the public relations effort underway to alleviate the situation. Mr. Aguilar urged the Council to delay any decision until the turmoil has been resolved. He also suggested the two Hispanic Chamber of Commerce organizations meet to discuss this issue. He reported the survey of the Hispanic community has been completed, but has not yet been submitted to the City of Yakima. He explained that he believes the survey was sabotaged since a request for payment was made for services which were supposed to be a volunteer effort. Mr. Aguilar reported the survey will be completed and submitted to a new Board of Directors during July or August. He pointed out that his organization has participated in the Sister City Program with the backing from the Washington State Hispanic Chamber of Commerce in Seattle. He then described the positive relations between these two delegations. Council Member Barnett confirmed that the Hispanic Chamber of Commerce of Yakima County and the Greater Yakima Hispanic Chamber of Commerce are two distinct organizations. Ramon Duarte, President of Comite Michoacano, provided background information about the Morelia Sister City Project. He also described some of the problems experienced I/ recently when trying to schedule sister city activities with Hispanic Chamber of Commerce of Yakima County members and Morelia representatives. Hector Franco, 815 North 28th Avenue, presented his point of view about the election outcome as well as the ongoing conflict within the Hispanic Chamber of Commerce of Greater 4 3 75 JUNE 3, 1997 Yakima organization.... He reported that two people had been hired to complete "the survey ih 1995 and nothing was done that was out of the ordinary: He also shared his philosophy on political involvement within the Hispanic Chamber of Commerce of Greater Yakima. He urged the Council to consider the Hispanic Chamber of Commerce of Yakima County I/ for the proposal. Luz Gutierrez, 1424 South 31st Avenue, Secretary of the Hispanic Chamber of Commerce of Yakima County, described her involvement in the organization and emphasized the importance of creditable work. She described the survey process and the proposed Sister City Program. She feels the Hispanic Chamber of Commerce of Greater Yakima failed to fulfill its contractual obligation with the City of Yakima and urged the Council to consider her organization's proposal. Polo Aguilera, 4703 West Prasch, President of the Hispanic Chamber of Commerce of Yakima County, explained he would like to see the problems resolved and the situation move forward. He reported he is one of the original members of the Hispanic Chamber of Commerce and one of the organizers of the Sister City Program. He also was a participant in the survey. Darlene Mendoza, Membership Chair of the Hispanic Chamber of Commerce of Greater Yakima, directed attention to the survey and described the unprofessional manner she experienced during a phone call from the Hispanic Chamber of Commerce of Yakima County. She also described her professional background and feels.she,would be the most qualified person to conduct the survey: Daniel Enriquez, Hispanic Chamber of Commerce of Greater Yakima, 6 North llth Avenue, described his leadership abilities and listed his various organizational affiliations as it relates to the Sister City Program. He feels unity is needed to create jobs and bring Hispanic businesses to this area. He also feels the current conflict has caused complications and confusion within the Hispanic community. Jerry Henderson, 309 North 35th Avenue, explained he is a Past President and Chairman of the Board of Directors of the Westside Merchant's Association. He pointed out that the Hispanic Chamber of Commerce of Yakima County, under the direction of Luz Gutierrez, has been active in the Westside Merchant's Association. He feels the Hispanic Chamber of I/ Commerce of Yakima County is a creditable organization. Juven Garcia, Vice president of the Yakima Hispanic Chamber of Commerce of Yakima County, noted the confusion existing within the Hispanic community and urged the Council to consider the facts. He reported that he had not been contacted for quite some time by the previous. Hispanic Chamber of Commerce; he thought that organization had disappeared. 5 376 JUNE 3, 1997 Alfonzo Garcia, 307 North Street, Apt. 2, described the current conflict, the confusion that has been created, and the complicated situation that currently exists within the Hispanic community. He urged Council to give the two Hispanic Chambers time to reconcile their differences and to establish a committee to develop the sister city relationship. Council Member Berger urged the other council members to consider the issue after the two Hispanic Chambers of Commerce organizations resolve the conflict. It was MOVED BY BARNETT, SECONDED BY SIMS, TO TABLE THE ISSUE. The, motion carried by a 5 -1 voice vote; Berger voting nay; Beauchamp absent. Council Member Barnett urged the Hispanic!, Chambers of Commerce to resolve their differences. Mayor'; Buchanan briefly explained the parliamentary procedure used to table an item of business before the City Council. *12. CONSIDERATION OF RESOLUTION AUTHORIZING TREE REMOVAL FROM RIGHT -OF -WAY AT THIRD STREET AND YAKIMA AVENUE RESOLUTION NO. R- 97 -79, A RESOLUTION authorizing the removal of three oak trees and one sugar maple tree located in the City right -of -way at the northeast corner of Third Street and Yakima Avenue, Yakima, Washington. *13. CONSIDERATION OF RESOLUTION MODIFYING THE CITY TREASURER'S PETTY CASH AND CHANGE FUNDS RESOLUTION NO. R- 97 -80, A RESOLUTION amending Resolution No. R- 97 -12, adopted January 7, 1997, and authorizing the existence of Change Funds, and other Petty Cash Funds, within the various Funds of the City of Yakima. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA COUNTY FOR 1997 DISTRICT COURT FILING FEES RESOLUTION NO. R- 97 -81, A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute a District Court Filing Fee Agreement between the City of Yakima and Yakima County. *15. APPROVAL OF 1996 AFFIRMATIVE ACTION REPORT The Annual Affirmative Action and Contract Compliance Report for 1996 was accepted. *16. APPROVAL OF 1996 YEAR -END VEHICLE ACCIDENT REPORT The 1996 Year -End Vehicle Incident /Collision Report was accepted. 6 JUNE 3,' 1997 3 7 7 *17. APPROVAL OF FINAL CONTRACT PAYMENT FOR SOUTH 70TH AVENUE AND LINDGREN DRIVE SEWER LID-(STANDARD MOTION V -B -- ACCEPT PROJECT AND APPROVAL FINAL PAYMENT) The report from the City Engineer, dated May 20, 1997, with respect to the completion of the work on the South 70th Avenue /Lindgren Drive Sewer LID, performed by Central Concrete & Utilities, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *18. SET DATE OF PUBLIC MEETINGS FOR JUNE 17, 1997 TO CONSIDER HEARING EXAMINER RECOMMENDATIONS REGARDING: A. MASTER APPLICATION BY OIC FOR REZONE AND SUBDIVISION IN THE VICINITY OF WILLOW AND NORTH 27TH AVENUE June 17, 1997 was set as a date of public meeting to consider the Hearing Examiner recommendation for approval of Yakima Valley OIC request for rezone and preliminary long plat north of Willow Street between North 27th and North 28th Avenues. B. REZONE REQUESTED BY TIM MONAHAN FOR PROPERTY LOCATED AT 5110 TIETON DRIVE June 17, 1997 was set as a date of public meeting to consider the Hearing Examiner recommendation on the rezone requested by Tim Monahan for property located at 5110 Tieton Drive. *19. SET DATE OF PUBLIC ,HEARING FOR JUNE 17, 1997 TO CONSIDER RELEASE OF DEEDED PUBLIC, UTILITY EASEMENT FOR CRYSTAL LINEN IN THE VICINITY OF 918 AND 930 NORTH 5TH AVENUE June 17, 1997 was set as the date of public hearing to consider the release of deeded public utility easement in the vicinity of 918 North 5th Avenue, requested by Crystal Linen. *20. SET DATE OF HEARING BEFORE THE HEARING EXAMINER FOR JULY 10, 1997 TO CONSIDER REQUEST BY SHIELDS BAG AND PRINTING FOR A RIGHT -OF -WAY VACATION OF ALLEYWAY IN VICINITY OF WEST NOB HILL BOULEVARD AND LANDON AVENUE RESOLUTION NO. R- 97 -82, A RESOLUTION fixing time for public hearing before the Hearing Examiner on July 10, 1997, on a petition filed with the City Clerk by Shields Bag & Printing I/ Company to vacate the alleyway between Rock Avenue and Landon Avenue, north of Nob Hill Boulevard. 21. CONSIDERATION OF LEGISLATION AMENDING THE MUNICIPAL CODE REGARDING WASTEWATER CONNECTION FEE (CONTINUED FROM 5/20/97) Chris Waarvick, Wastewater Superintendent, directed attention to the 1997 Wastewater Connection Charge proposal and noted its return after the Council deferred action on May 20, 1997. Since then, information has been provided to 7 3.78 JUNE 3, 1997 various groups, and questions from the Council have been answered. He urged the Council to accept the staff recommendation to adopt the Study by resolution and to approve the ordinance which will be effective 30 days from publication. As a point of clarification, Mr. Waarvick explained that the purpose of the Wastewater Connection Charge proposal is to pay for capacity enhancement for future growth; it will not pay the costs of operations, the costs to rehabilitate the facility, or the costs to comply with mandated standards -- those are included in the monthly rates. Mr. Waarvick also described a scenario of what would happen if the Wastewater Connection proposal was not accepted which would include two options. The options are either the possibility of a general 15% increase in general ratepayer subsidies to generate the million dollars plus, or limit the services to only those legally required to be provided under the Four -Party Agreement and the R.W. Beck Study. In response to questions from Council Member Sims, Mr. Waarvick explained how the three rates would be applied using a 10,000 square foot lot size for example (even though most lots are larger than 10,000 towards the west). He explained the connection charge is based on the square footage of the lot and the water meter size. He referred to the proposed charges as indicated in the Deliberation Outline. He then outlined the proposed Connection rates: • Zone One (City Limits) it is $1,350; for Zone Two (current Urban Area) it is $3,800, and Zone Three (Urban Reserve); it is $5,600. He reviewed some of the various aspects peculiar to each zone, and for some references of scale, he provided examples where the connection charge could actually cost less than the cost to install a septic tank system. City Manager Zais pointed out that the ultimate aim of this proposal is to find a way to pay for capacity and growth when there are limited resources available along with major increased costs for rehabilitation and maintenance of facilities as well as compliance with ongoing federal mandates. There is no easy answer here. These costs have created a burden on ratepayers, particularly since there are, declining grants and loans available from federal and state levels. Mayor Buchanan invited interested citizens to speak to this issue. Carolyn St. James, Governmental Affairs Liaison, Central Washington Home Builders Association, provided a handout to the Council which summarized their concerns. She requested a three -month postponement in connection fee implementation.' She feels alternative fundraising strategies are needed because the proposed connection fee will result in higher home prices which makes home ownership less possible for moderate and low income households. She suggested an ad hoc committee be formed to develop an alternative revenue plan to fund future wastewater expansion needs to accommodate growth. She feels the City should wait until Yakima County's wastewater capital facilities study is completed in 8 JUNE 3', " 1997 3 7 9 • case other solutions are identified. She also suggested that multiple sources of funding be considered such as implementing a Round Up plan, having funding raising events, incurring debt service through the sale of bonds, and increasing monthly user rates by a small amount. She also suggested that a grant writer or a grant writing team be I/ hired who is specifically focused on finding funds. Ms. St. James also directed attention to self - contained sewer treatment options and new innovations available for developments, such as the algael turf scrubbers water filtering system. This would remove homes from the traditional wastewater treatment system. Council Member Barnett asked Ms. St. James to elaborate on the paragraph outlining possible legal action protesting deviation from the Growth Management Act guidelines. She referred to page VI -I of the Yakima Urban Area Comprehensive Plan and directed attention to the capital facilities planning requirement. Gerry Sturgill, representing United Builders, 2112 West Nob Hill Boulevard, referred to the funding indicated in the Capital Facilities element of the Comprehensive Plan and said it was silent as far as identifying user fees as part of the funding mechanism. Mr. Zais explained that wastewater improvements were designated in the Capital Facilities Plan and were developed as the plan was refined and further developed when capacity improvements were considered. Mr. Zais also pointed out that this system has 25% of its budget set up annually for wastewater improvements and costs allocated to debt service payments on bonds. That is a very high level of indebtedness which was done to meet mandates; to meet the expansion requirements; and to deal with`.'`'' other ihcreases in maintenance and operation costs. How much the public can afford has also been taken into consideration; the City will continue to pursue grants and loans, but the era of grants is pretty much over; the loans are very competitive and include a high matching requirement. Ron Anderson, Yakima Association of Realtors, 2707 River Road, thanked the Council for delaying this action from the last meeting. He pointed out that whenever a fee is imposed, it always increases construction costs. He explained how the connection fee would impact the average payment on a house. He explained he understands there is a need for an increase in fees, but would like to see a more equitable amount, a flat fee, spread across the board among all three zones. There was a considerable amount of I/ discussion about the expense and 'the average lot value within the City of Yakima which already has sewer service. Mayor Buchanan pointed out that the connection fees were established so the City ratepayers don't have to pay for moving, the pipelines farther out. There was a considerable' amount of discussion about how the fee might be calculated and administered for annexation areas. There was also discussion about the recommendations from the Central Washington Homebuilders Association. 9 3E.0 JUNE 3, 1997 Steve Fuhriman, Central Washington Homebuilders Association, pointed out there is always the possibility of legal consequence from any act that the Council passes. He asked how will the fees affect businesses locating in the city and economic development possibilities. Gerry Sturgill also asked about the capacity of the sewer plant and the number of hookups and how far in the future do we need to anticipate for. He pointed out that he has attended almost every meeting that has been held on the Comprehensive Plan for the Urban Area Growth Boundary through the Regional Planning Commission and other meetings where city staff was present and said the connection fee plan was never explained. He urged the Council to delay their decision. Mr. Waarvick explained capacity is a valid consideration; however money is needed to extend the pipes to the users. Liz Thomas, City consulting attorney from Preston, Gates & Ellis, provided an explanation about the legality of the proposed fees and explained the concepts as authorized under RCW 35.92.025. She pointed out that the City will have the appropriate flexibility to respond to new businesses and industry locating in Yakima; the law is clear that the City has the authority to make payment arrangements with businesses as long as it is guaranteed, by some sort of adequate security. John Hanson, Director of Finance and Budget, quoted from the Draft Capital Facilities Plan about the connection fee and rate issue as it relates to enterprise operation and financing policies. He pointed out that, historically, connection charges paid by new development have not been adequate to cover the costs they represent. Mr. Hanson directed attention to pages 122, 124, 128 where the connection rates and proposed fees line items are listed. He also pointed out that the exact breakout of those rates and fees are included in the Water Cost of, Service Study or the Wastewater Cost of Service Study which was developed two years ago. Mr. Waarvick also pointed out that the study was authorized in 1994 and prepared. There was continued discussion among Council and staff about the long term cost picture should a decision be delayed and the corresponding reduction in the revenue stream. A. RESOLUTION ADOPTING 1997 WASTEWATER CONNECTION CHARGE STUDY Resolution No. R -97 -83 having been read by title only, it was MOVED BY KLINGELE, SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. R 97 - 83, A RESOLUTION adopting the 1997 Wastewater Connection Charge Study for the City of Yakima, Washington. 10 381 JUNE 3, 1997 B. ORDINANCE ESTABLISHING WASTEWATER CONNECTION RATES AND CHARGES Ordinance No. 97 -38 having been read by title only, it was MOVED BY SIMS, SECONDED BY KLINGELE, TO PASS THE ORDINANCE. It was MOVED BY BARNETT, SECONDED BY SIMS, TO AMEND THE I/ ORDINANCE TO INCLUDE ON PAGE 7, SECTION 7.58.050, BASE TREATMENT PLANT CHARGE, REFER TO THE TABLE, TO READ "FROM THE EFFECTIVE DATE OF THE ORDINANCE THROUGH DECEMBER 31, 1998," AND TO CHANGE THE TABLES ON PAGE 8 TO READ "1999" AND "2000" RESPECTIVELY, AND ALSO ON PAGE 8, SECTION 7.58.060, TO CHANGE "1997" TO "1997- 1998" AND "1998" TO "1999" AND "1999" TO "2000." As a matter of clarification, Council Member Sims asked if the second increase would be delayed by one year. City Manager Zais explained this is essentially an extension of the increase programmed into the original ordinance. Mayor Buchanan asked what this change will do to the cash position, and Mr. Waarvick explained it can be adjusted over the life of the program. The question was called for a vote on the amendment. The motion carried by unanimous voice vote; Beauchamp absent. The question was called for a vote on the motion as amended. The motion carried by unanimous roll call vote; Beauchamp absent. ORDINANCE NO. 97 -38, AN ORDINANCE relating to water and wastewater connection charges; amending Chapter 7.56; repealing Chapter 7.58; reenacting Chapter 7..58; all of which are chapters of the City of Yakima Municipal Code; and providing for related matters. *22. SECOND READING OF ORDINANCE AMENDING THE 1997 BUDGET AND APPROPRIATING FUNDS FOR DEVELOPMENT OF PROVIDENCE NEIGHBORHOOD PLAN An Ordinance . amending the 1997 budget and appropriating funds for the development of a Neighborhood Plan for the Providence Medical Center Neighborhood, .previously having been'read-by title only, was brought before the Council for a second reading. ORDINANCE NO. 97 -39, AN ORDINANCE amending the 1997 budget for the City of Yakima; and making an appropriation of $4,500 in the General Fund for expenditure during 1997 for development of a Neighborhood Plan for the Providence Medical Center Neighborhood. 23. OTHER BUSINESS I/ City Manager Zais gave a report on the impact of the Governor's veto on the proposal of the hotel /motel tax passed in the last legislative session. He further reported on the options available .to rectify the error in the Governor's veto of this bill. Information Items: Items of information provided to Council were: I -82 /Yakima Avenue Interchange and Fair Avenue Project Progress Report 11 332 JUNE 3, 1997 for March 1997; Fire Department Monthly Activity Report for April 1997; Assignments Pending in Office of Environmental Planning as of June 3, 1997; Minutes of the April 30, 1997 Yakima District Board of Health meeting; Newspaper article, "Spokane Talking Fluoridation - Again "; and Agenda for June 2, 1997 Civil Service Commissions meeting. Items of information provided 6/3/97: Letter from Northeast Yakima Neighborhood Association to Council (5/23/97) and their letter to Burlington Northern & Santa Fe Chairman Davison (5/30/97); and Agenda for 6/11/97 PTBA Board of Directors Meeting and minutes of its 12/11/96 meeting. 24. EXECUTIVE SESSION REGARDING PENDING LITIGATION (ACQUAVELLA AND MEYER AND HINSZ VS TRINITY EXCAVATION AND F & M CONSTRUCTION AND CITY OF YAKIMA)AND PROSPECTIVE LITIGATION (BONNIE PEREZ DAMAGE CLAIM) It was MOVED BY KLINGELE, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PENDING AND PROSPECTIVE LITIGATION, WITH ADJOURNMENT TO JUNE 10, 1997 AT NOON FOR A JOINT STUDY SESSION WITH PARKS AND RECREATION COMMITTEE, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Beauchamp absent. 25. ADJOURNMENT TO JUNE 10, 1997 AT NOON FOR JOINT STUDY SESSION MEETING WITH THE PARKS AND RECREATION COMMISSION AT THE POLICE STATION /LEGAL CENTER, THEN TO JUNE 17, 1997 AT 7:30 A.M. FOR JOINT MEETING WITH YAKIMA COUNTY AND UNION GAP AT ESD #105 Following the conclusion of the Executive Session, the meeting adjourned at 5:53 p.m. I READ AND CERTIFIED ACCURATE BY G 1 2 jwe_ % `r te �!? CIL MEMB / DATE COU CIL MEMB DATE ATTEST: flr Kai ,...,f ic,_-&e.t2:: ..." __A:A4no-- CITY CLERK LYNN BUCHANAN, MAY Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are available in the City Clerk's Office 12