HomeMy WebLinkAbout07/01/1997 Business Meeting 393
CITY OF YAKIMA, WASHINGTON
JULY 1, 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, Henry Beauchamp, Ernie Berger, John Klingele, John
Puccinelli, and Bernard Sims present on roll call. City
Manager Zais, City Attorney Paolella, and Deputy City Clerk
Skovald also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge Allegiance was led by Council Member Puccinelli.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Council Member Berger announced he has decided not to file
for a second term on the City Council. He thanked the
community and the Council for their support during the past
four years. He encouraged anyone who would want to step
forward and run for office -- it is a rewarding experience.
Yard of the Month award certificates were presented to two
citizens. Denise Nichols congratulated Julie Turner and
Bill Lethwoke for winning the honor for June. She described
the program which was developed to recognize citizens for
beautifying their home, yard, and community.
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.
It was the consensus of the Council to remove Item No. 17
from the Consent Agenda. The Deputy City Clerk then read
the Consent Agenda items, including resolutions and
ordinances by title. It was MOVED BY SIMS, .SECONDED. BY
PUCCINELLI, 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.)
*5. APPROVAL OF THE MINUTES OF THE JANUARY 28, 1997 ADJOURNED MEETING
The minutes of the January 28, 1997 Business meeting was
approved, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
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6. AUDIENCE PARTICIPATION
Virginia Gandy, 1717 South 10th Avenue, and Diane Rowdy,
1624 South 10th Avenue, both addressed the Council and asked
for clarification of sewer connection charges as it relates
to property within annexation areas. They felt the charges
are extreme and the increase would cause unbelievable
hardship to property owners; they questioned the
justification of the charges.
The Council and staff clarified several issues as they
relate to annexation. Mayor Buchanan pointed out that the
sewer connection fee has nothing to do with annexation
except that the sewer rates and connection fees are less
inside the City Limits than they are outside the City.
Mayor Buchanan also explained the reasoning behind
establishing sewer connection fees -- which is to place most
of the burden on new development -- instead of increasing
sewer rates for all ratepayers by 15 percent. He further
explained that previously, ratepayers within the City of
Yakima paid the costs incurred by the City to extend
pipelines and provide sewer hookups for property owners
outside the City Limits where most new development is
occurring. Council Member Sims pointed out that the letter
printed in the paper which Ms. Gandy referred to was from
the Homebuilders Association, not the City; they are opposed
to the sewer connection charges. Council Member Sims asked
staff to explain some of the options and possibilities that
might be available to spread the payments over time or
perhaps mitigate the initial costs, depending upon the
income level. Chris Waarvick, Wastewater Superintendent,
directed attention to some of the benefits associated with
annexing to the City. He also entertained various questions
from Ms. Gandy and Ms. Rowdy concerning the Sewer Connection
Fee ordinance, effective July 3, 1997. The cost to connect
to the sewer is determined by the size of the lot and the
proximity to an existing sewer line. He explained that if
and when an existing on - site septic system fails and a sewer
hookup is necessary the Health Department has the authority
to determine that the system is no longer usable and a
hookup is necessary. Council Member Klingele also noted
another factor which has impacted costs is that grants,
which were once available from various agencies to extend
sewer pipelines, are no longer available. He also explained
that part of this process is determined by Growth Management
in cities all over the state. After continued discussion
about the citizens concerns, the engineering staff was
directed to evaluate Mrs. Gandy's and Mrs. Rowdy's situation
to provide cost information about their particular property
such as whether or not they would be eligible to pay at the
old Capital Cost Recovery Charge until July 3, 1997.
7. PUBLIC HEARING TO CONSIDER SIX -YEAR TRANSPORTATION
IMPROVEMENT PROGRAM (TIP) FOR 1998 -2003
This being the time set for the public hearing, Fred French,
City Engineer, presented and answered questions about the
1998 -2003 Six Year Transportation Improvement Program. The
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submittal outlines .the funded projects for 1998, Unfunded
Projects for 1998 , •'arid other-',Unfunded projects. He reported
there is a last minute recommendation to add Priority No. 14
as the Greenway Path and Dike Enhancement Project.
Mr. French described the location of the dike on the map and
reported the Corps of Engineers and FEMA have said it is too
short to provide adequate protection from flooding during
the 100 year flood from the Naches River. Mr. French
recommended this unfunded project be added to the Six Year
Plan because it does involve a transportation system, the
Greenway, and it offers the opportunity to use gas tax
dollars as matching funds should a grant become available.
Mr. French indicated the Greenway is classified as a
pedestrian. pathway. It was MOVED BY PUCCINELLI, SECONDED
BEAUCHAMP, TO AMEND THE SIX YEAR TIP TO ADD THE GREENWAY
PATH AND DIKE ENHANCEMENT PROJECT. The motion carried by
unanimous voice vote.
Mayor Buchanan opened the public hearing and invited
testimony from the audience. No one wished to comment, and
Mayor Buchanan closed the public hearing. Resolution No.
R -97 -90 was read by title only, and it was MOVED BY SIMS,
SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION. There was
a brief discussion about incorporating the amendment into
the plan. The question was called for a vote on the motion.
The motion carried by unanimous roll call vote.
RESOLUTION NO. R-97-90, A RESOLUTION adopting a Six Year
Transportation Improvement Program for the period of 1998
through 2003 for the construction of streets and arterial
streets in the City of Yakima.
8. PUBLIC HEARING TO CONSIDER PIERCE STREET AND SOUTH 10TH AVENUE
ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY)
This being the time set for the public hearing,
Bruce Benson, Associate Planner, was available to answer
questions about the annexation. Council Member Sims
reported people had approached him about water and utility
issues, and he asked Mr. Benson to address utility issues
and explain what annexation means. Mr. Benson summarized
the Pierce Street /South 10th Avenue Annexation. Initiated
in July 1994, this annexation initiation was concurrent with
the railroad mitigation project to bring water into the 7th
and 8th Avenues area. The project did not include water for
9th Avenue; water was already on 10th Avenue. Largely
because there was no water lines included along 9th Avenue,
the process has taken three years to gather petitions and /or
utilizing Outside Utility Agreements (OUA) to reach the
state's 75 percent of assessed valuation requirement. The
annexation was submitted to the Boundary Review Board (BRB)
and they passed on it in May 1997. This area does have an
assessed valuation just in excess of $13.5 million and the
necessary requirements have been met to consider this
• annexation. Mr. Benson estimated there are 283 parcels in
the area with about 750 people; the specific number will be
known after the census is complete.
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Fred French, City Engineer, summarized the course of the
railroad water project that installed a lot of water lines
in the area in and around Yakima. He noted that 9th Avenue
was the only street that was not included in that area.
That project ended approximately two years ago, and
subsequent to that, work was done to add 9th Avenue to the
funding proposal by the Cameron Working Group. An agreement
was reached on a public street project to build this
waterline. As soon as the funding issue is settled between
the. City of Yakima and this Working Group, the new water
line will be ready to be built. The approximate cost is
$250,000 to $300,000.
Mayor Buchanan opened the public hearing and invited
testimony from the crowd.
Virginia Gandy opposes the annexation process and does not
want to annex into the City of Yakima. She directed
attention to a Bill passed by the Governor recently
concerning annexation. City Manager Zais explained there is
a legislative act that was passed this last session to
essentially allow municipalities which provide police, fire
and other sorts of municipal, public protection to an area
nearly surrounded or completely surrounded, to annex that
area. Ms. Gandy reiterated that she adamantly did not want
to become part of the city. She asked how much would it
cost to hookup to City water. City staff was directed to
calculate that information for Ms. Gandy. Ms. Gandy
indicated she felt the choice to hook up to city sewer will
be made for her should her septic fail sometime in the
future.
Gene Gandy objected to the annexation petition process and
the Outside Utility Agreement. He feels it is unfair that
people on 9th Avenue were offered free water hookup by
signing a petition to annex into the City. He objected to
using tax money to gather signatures to have people annex to
the city. He fears the bill which will come in the future
for water and sewer connection when his well and septic tank
fail and the Health Department makes them connect. He feels
he should be offered free water connection instead of being
charged a big fee. Fred French explained the Ecology grant
which paid to extend the water and identified the
contaminated aquifer which extended to most of the area in
the downtown area; the boundaries for this stopped just
short of 9th Avenue, and that is the reason 9th Avenue was
left out originally. Once this contaminated aquifer was
identified, Ecology further identified potentially liable
parties (PLP's) and the Department of Ecology entered into
an agreement so that these property owners would contribute
to solving the problem by installing potable domestic water
to those people that had private wells that were suspected
of being part of the contaminated aquifer. Once the area
was identified by the Dept. of Ecology, the City, City of
Union Gap, and the County were also involved, the plans were
drawn up to install water lines and the money was
administered by the Dept. of Ecology from cash contributed
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by the PLP's based on the agreement they had with Dept. of
Ecology. s !;
City Manager Zais explained that the City of Yakima is
responsible for the maintenance, operation, and care of the
system and has the duty to ensure that is continued
properly. As part of the City Council's policy on delivery
of utilities, water and sewer, it is the City's position
that an Outside Utility Agreement would be a part of that
process. Mayor Buchanan also noted that the property taxes
assessed on those parcels will help pay for the cost of
other municipal services that they are receiving.
Velma Sills, 1516 South 10th Avenue, asked for clarification
about the annexation process as it relates to a property
owner. Mayor Buchanan and Council Member Sims explained the
process including indebtedness obligation and the
application of property tax. Staff was directed to provide
water hookup information to Ms. Sills.
Louise Turlington, 1624 South 10th Avenue, asked when the
annexation will become effective and expressed concern
because she lives next door to 13 pitbulls and about 200
chickens. There was discussion about the nuisance ordinance
and the animal control regulations within the City. Bruce
Benson indicated the effective date of the annexation
ordinance will be September 1, 1997.
There being no one else wishing to comment, Mayor Buchanan
closed the public hearing. Ordinance No. 97 -41 being read
by title only, it was MOVED BY KLINGELE, SECONDED BY SIMS,
TO PASS THE ORDINANCE. After discussion about the signature
line for Daniel L•'•`Hesse,•`•PE., Director /County Engineer
approving the legal description for annexation, on Exhibit
B, not being signed which would affect the authenticity of
the document, it was MOVED BY KLINGELE, SECONDED BY BARNETT,
TO STRIKE THE SIGNATURE LINE FOR DANIEL L. HESSE, P.E.,
DIRECTOR /COUNTY ENGINEER FROM THE LEGAL DESCRIPTION, EXHIBIT
B, FROM THE DOCUMENT. The motion to amend carried by
unanimous voice vote. The question was called for a vote on
the motion, as amended. The motion carried by unanimous
roll call vote.
ORDINANCE NO. 97 - 41, AN ORDINANCE annexing property within
the north half of Section 36, Township 13 N, Range 18, EWM
to the City of Yakima and zoning said property, effective
September 1, 1997. (Pierce Street /S 10th Avenue Annexation)
9. PUBLIC HEARING TO CONSIDER LEWIS AND CLARK ATHLETIC FIELD ANNEXATION
(SEE ORDINANCE ANNEXING PROPERTY)
This being the time set for the public hearing,
Bruce Benson, Associate Planner, explained this property is
owned by the Yakima School District and is immediately
contiguous to the Pierce Street /South 10th Avenue Annexation
area. State law penalizes the City by not allowing the
value of school property to be used to meet the state
valuation requirement.
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JULY 1, 1997
Mayor Buchanan opened the public hearing and invited
comments from the audience.
Louise Turlington, 1624 South 10th Avenue, explained her
.property is right on this street with the ball fields across
the street. She asked if that street will need any
improvements or will it stay the same. It was explained to
her that only the jurisdiction will change. She also asked
about improvements to the alley between 10th, 9th, and 8th
Avenues where Pierce connects because they have had a lot of
problems with speeding vehicles in this alley. Explanation
was provided about street improvements and the LID process.
Diane Rowdy, 1624 South 10th Avenue, described the layout of
her property as it relates to the street and expressed
concern about how the construction of the school might
necessitate the school district needing access through her
property. She asked how will this affect their property and
what say would she have in the street improvements.
Ms. Rowdy was referred to the Yakima School District
Superintendent to discuss any upcoming proposed street
improvements in this area.
There being no further comments from the public,
Mayor Buchanan closed the public hearing. It was MOVED BY
KLINGELE, SECONDED BY BARNETT, TO STRIKE THE SIGNATURE LINE
FOR DANIEL L. HESSE, P.E., DIRECTOR /COUNTY ENGINEER FROM THE
LEGAL DESCRIPTION, EXHIBIT B, FROM THE DOCUMENT. The motion
carried by unanimous voice vote. Ordinance No. 97 -42 having
been read by title only, it was MOVED BY KLINGELE, SECONDED
BY SIMS, TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote.
ORDINANCE NO. 97 -42, AN ORDINANCE annexing property within
the north half of Section 36, Township 13 N, Range 18, EWM
to the City of Yakima and zoning said property, effective
September 1, 1997. (Lewis & Clark Athletic Field
Annexation)
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A SOLE
SOURCE CONSULTING LABORATORY AGREEMENT FOR NPDES TESTING
PROTOCOLS
RESOLUTION NO. R- 97 -91, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to execute a "Consulting Laboratory Agreement"
between the City of Yakima, Battelle Laboratories, and
Preston Gates & Ellis LLP for the purpose of obtaining clean
metals sampling data to assist with the legal analysis
related to actual or potential disputes with Department of
Ecology regarding the renewal of the City's National
Pollutant Discharge Elimination System permit.
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*11. CONSIDERATION, OF ':RESOLUTION e AUTHORIZING EXECUTION OF
CONTRACT WITH GIBBONS THIRD PARTY ADMINISTRATION FOR
UNEMPLOYMENT COMPENSATION
RESOLUTION NO. R- 97 -92, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to execute a "Professional Services Agreement"
between the City of Yakima and Gibbens Co., Inc. for the
purpose of obtaining unemployment cost control management
services.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING TREE REMOVAL AT
NORTH 8TH STREET (YAKIMA CENTER)
RESOLUTION NO. R- 97 -93, A RESOLUTION authorizing the removal
of two trees within the City right -of -way at the east
entrance to the Yakima Convention Center located at 10 North
8th Street, Yakima, Washington.
*13. CONSIDERATION OF RESOLUTION DECLARING SURPLUS EQUIPMENT
(SNOW BLOWER) AND AUTHORIZING ITS SALE TO THE CATHOLIC
DIOCESE /CALVARY CEMETERY
RESOLUTION NO. R- 97 -94, A RESOLUTION Declaring one 1973
Model Toro snow blower to be surplus and authorizing its
sale to the Catholic Diocese /Calvary Cemetery.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING• GRANT APPLICATION TO
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION (IAC) FOR
DEVELOPMENT OF SOCCER FIELDS AT CHESTERLEY PARK
RESOLUTION NO. R- 97 -95, A RESOLUTION authorizing the
execution and filing of a funding assistance application for
an outdoor recreation or habitat conservation project to the
Interagency Committee for Outdoor Recreation as provided in
RCW Chapter 43.98A, Washington Wildlife and Recreation
Program for the purpose of developing Chesterley Park.
*15. CONSIDERATION OF RESOLUTION RATIFYING APPLICATION FOR BUREAU
OF JUSTICE ADMINISTRATION GRANT
RESOLUTION NO. R- 97 -96, A RESOLUTION ratifying application
for a grant in the total amount of $179,005 from the U.S.
Department of Justice, Bureau of Justice Administration, for
funding the Local Law Enforcement Block Grants Program, and
further designating and authorizing the City Manager to act
as the official representative of the City and to take such
I/ additional steps as may be necessary and prudent to complete
transactions associated with the grant.
*16. SET DATE OF PUBLIC HEARING FOR JULY 15, 1997 FOR SARGENT
ANNEXATION •
JULY 15, 1997 WAS SET AS THE DATE OF PUBLIC HEARING.
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17. CONSIDERATION OF ORDINANCE AUTHORIZING OIC REZONE AND
SUBDIVISION IN THE VICINITY OF WILLOW AND NORTH 27TH AVENUE
This item was removed from the Consent Agenda to provide
Council Member Beauchamp the opportunity to excuse himself
and leave the Council Chambers during the vote on this
ordinance due to his affiliation with OIC.
Ordinance No. 97 -43 having been read by title only, it was
MOVED BY SIMS, SECONDED BY KLINGELE, TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote; Beauchamp
not voting due to possible conflict of interest.
ORDINANCE NO. 97 -43, AN ORDINANCE relating to land use
zoning and subdivision, rezoning 3.27 acres in the vicinity
of the north side of Willow Street between North 27th and
North 28th Avenues in Yakima, Washington, from Single- Family
Residential (R -1) to Two - Family Residential (R -2) and
amending the zoning map of the Yakima Urban Area
accordingly, and approving two preliminary plats creating a
total of 19 residential lots.
*18. CONSIDERATION OF ORDINANCE AUTHORIZING REZONE FOR GROUP M
ARCHITECTURE (TIM MONAHAN) AT 5110 TIETON DRIVE
ORDINANCE NO. 97 -44, AN ORDINANCE relating to land use
zoning, rezoning 1.93 acres in the vicinity of 5110 Tieton
Drive in Yakima, Washington, from Light Industrial (M -1) to
Local Business (B -2) and amending the zoning map of the
Yakima Urban Area accordingly, and granting a building
height variance of 35 feet and an administrative adjustment
allowing 90% lot coverage.
*19. FIRST READING OF ORDINANCE AUTHORIZING THE USE OF CREDIT
CARDS FOR VARIOUS PURPOSES (NO FORMAL ACTION REQUIRED THIS MEETING)
An Ordinance adopting a system for the issuance, use and
control of credit cards by city officials and employees; and
directing the department of finance and budget to adopt
rules and procedures to implement such system, having been
read by title only, was laid on the table for two weeks,
until July 15, 1997.
*20. SECOND READING OF ORDINANCE AMENDING THE 1997 BUDGET AND
APPROPRIATING FUNDS FOR ACQUAVELLA /PROFESSIONAL SERVICE
COSTS
An Ordinance amending the 1997 budget and appropriating
funds for unanticipated water rights litigation, irrigation
utility ordinance creation, and irrigation utility financial
modeling tools, all from unappropriated fund balances within
various funds for expenditure during 1997, previously having
been read by title only, was brought before the Council for
a second reading.
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ORDINANCE NO. 97 -45 AN ORDINANCE amending the 1997 budget
and appropriating funds for unanticipated water rights
litigation, irrigation utility ordinance creation, and
irrigation utility financial modeling tools, all from
unappropriated fund balances within various funds for
1/ expenditure during 1997.
21. OTHER BUSINESS
It was MOVED BY BEAUCHAMP, SECONDED BY PUCCINELLI, TO
APPOINT DIXIE KRACHT TO THE YAKIMA HOUSING AUTHORITY BOARD
TO FILL THE CURRENT VACANCY. The motion carried by 6 -1
voice vote; Berger voting nay.
City Manager Zais brought the Council up to date on Room Tax
Veto litigation and reported a Special Meeting of the
Council is scheduled for July 25, 1997 to consider this
issue.
Information Items:
Items of information provided to Council were: Monthly Report
of The Chief of Police for May, 1997; agenda for June 26, 1997 Yakima
International Airport - McAllister Field Regular Board Meeting;
article from PIA News entitled CPTED, April 1997; and letter from
' Northeast Yakima Neighborhood Association concerning newly elected
officers for 1997 -98 dated 6/22/97.
22. ADJOURNMENT
It was MOVED BY BARNETT, SECONDED BY PUCCINELLI, TO ADJOURN
THE MEETING AT 3:20 P.M. The motion carried by unanimous
voice vote.
READ AND CERTIFIED ACCURATE BY: /.i! _ 1
�./ /r
C'UY'IL EMB ' DATE
COUN IL MEMB DATE
ATTEST:
CITY CLERK LYNN UCHANAN, MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are
available in the City Clerk's Office
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