HomeMy WebLinkAbout10/06/1998 Business Meeting 261
CITY OF YAKIMA, WASHINGTON
OCTOBER 6, 1998
BUSINESS MEETING
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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 John
Puccinelli, presiding. Council Members Clarence Barnett, Henry
Beauchamp, John Klingele, Mary Place, and Bernard Sims present on
roll call. Council Member Lynn Buchanan was absent and excused.
. Assistant City Manager Rice, City Attorney Paolella, and City
Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
An Invocation was given by Mayor Puccinelli, followed by the
Pledge of Allegiance led by Council Member Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
• HEAD INJURY AWARENESS MONTH
Council Member Place read the proclamation declaring October
1998 as Head Injury Awareness Month. She urged all citizens
to recognize and educate themselves to take the necessary
precautions to prevent head injuries. Elizabeth Muoth,
representing the Brain Injuries Association of Washington a
support group, accepted the proclamation.
• FIRE PREVENTION WEEK
Council Member Klingele read the proclamation declaring
October 4 -10, 1998 as Fire Prevention Week urging all citizens
to practice fire prevention at home, work, and school, such as
staging fire drills and using smoke detectors with fresh
batteries. This week commemorates the great Chicago Fire of
1871 that killed 250 persons, left 100,000 people homeless,
and destroyed over 17,400 buildings. Accepting the
I/ proclamation were Sparky The FireDog and Fire Captain Tom
Sevigny who urged everyone to participate in the Great Escape
community fire drill on Wednesday evening, October 7, 1997.
• DOMESTIC VIOLENCE AWARENESS WEEK
On behalf of the YWCA of Yakima and the Junior League, Patty
Dion accepted the proclamation declaring October 11 - 17 as
Domestic Violence Awareness Week. She thanked the Council for
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its support and urged all citizens to attend the 1998 Domestic
Violence symposium on October 14, 1998.
• BRAD POOL RECOGNITION
Mayor Puccinelli read a proclamation expressing appreciation
and thanks to Mr. Pool for his heroic efforts and assistance,
at an accident scene. He was presented with a Letter of
Commendation for Heroism from the Acting Fire Chief.
4. SPECIAL RECOGNITION OF AL TOBIA, FIRE DEPARTMENT
A plaque was presented to Lieutenant Al Tobia for receiving Third
Place honors at a recent academic test during the Washington
State Fire Fighters Association Training Conference in Wenatchee.
5. SPECIAL MEETING WITH YAKIMA COUNTY COMMISSIONERS REGARDING
RESOLUTION EXPRESSING SUPPORT FOR "REFERENDUM BILL 49 SHALL
MOTOR VEHICLE TAXES BE REDUCED AND STATE REVENUES REALLOCATED;
$1.9 BILLION IN BONDS FOR STATE AND LOCAL HIGHWAYS APPROVED; AND
SPENDING LIMITS MODIFIED ?"
Senator Alex Deccio and Representatives Jim Clements and Mary
Skinner, as well as County Commissioners Bill Flower and Jim
Lewis were present to endorse the proposed joint resolution.
Mayor Puccinelli invited comments from the officials.
Commissioners Lewis and Flower thanked the Legislators for
listening to the criminal justice and unfunded mandates needs of
their constituency. If the measure is passed in November, Yakima
County will receive about $2 million by the year 2000 to help
defray those costs.
Mayor Puccinelli also thanked the Legislators, particularly
Senator Deccio for the amendments he added to Referendum Bill 49
while the proposal was in the State Senate. He also commended
Representatives Skinner and Clements for their strong support
when the bill went to the House. If Referendum 49 is passed in
November, the City of Yakima will receive about $1 million over
the next two years for Yakima Transit through reallocated Motor
Vehicle Excise Tax (MVET) funds.
Senator Deccio provided a brief overview of Referendum 49 and
described the factors taken into consideration when the bill was
drafted, i.e., that Yakima County is the most distressed County
in Washington in terms of law and justice costs. He also
indicated that if the measure is passed in November, other cities
in the County would benefit by receiving equalization funding.
In addition, Referendum 49 will give the taxpaying vehicle owner ,
a $30 per vehicle credit when buying license tabs.
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OCTOBER 6, 1998
Representative Skinner, who sits on the House Transportation
Committee, announced the following three projects in Yakima
County that have made the priority list of state highway projects
which will be reviewed by the legislature in 1999: (1) $967,000
will be designated for preliminary engineering work on the Naches
1/ Highway near Gleed, (2) $5 million to extend the Valley Mall
Boulevard in Union Gap on its way to the Yakima Air Terminal, and
(3) $2.2 million for a bicycle /pedestrian path along State Route
24 to Keys Road. She explained that the funding would be for a
five -year period, with further options explored to maintain this
funding during the next biennium and beyond.
Representative Clements complimented the City and County
officials for their successful efforts to bring this proposed
legislative package together. He explained it all boiled down to
making a choice between increasing the gas tax, or moving excess
funds from the 601 Reserve Fund and reallocating MVET funds into
Transportation. He urged everyone to support Referendum 49.
Mayor Puccinelli invited further testimony from the audience,
either for or against the proposal.
Jeff Sullivan, Yakima County Prosecuting Attorney, spoke in favor
of Referendum 49 on behalf of the Law Enforcement Community. He
thanked the Legislators for being instrumental in addressing the
law and justice needs along with the transportation needs of
cities and counties statewide. Mr. Sullivan suggested that a
public awareness campaign_be conducted, highlighting the positive
impacts of Referendum 49 and encouraging the public to approve
the measure in November. This legislation would not impose any
new taxes and would effectively deal with some very difficult
problems.
After further comments of support from the Council, it was the
consensus of the Council to have the City Clerk read the Joint
Resolution. Joint Resolution No. R -98 -138 having been read by
title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP TO ADOPT THE
RESOLUTION. The motion carried by unanimous roll call vote;
Buchanan absent. It was recommended by Flower, and Lewis
concurred, to adopt Yakima County Resolution 479. The motion
carried by unanimous vote; Ingham absent.
RESOLUTION NO. R - 98 - 138, A JOINT RESOLUTION OF THE CITY OF YAKIMA
AND YAKIMA COUNTY expressing support for Referendum 49, a
statewide ballot measure that would provide a $30 dollar per
vehicle motor vehicle excise tax ( "MVET ") credit; fund
significant state and local highway improvements through motor
vehicle excise taxes and general obligation bonds; increase city
and county criminal justice funding; increase MVET distribution
to municipal sales and use tax equalization account; allow the
City of Yakima to use general revenuesr transfer certain moneys
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•
from the state general fund to the Community Economic
Revitalization Board; and provide • new funding to distressed
counties.
6. CONSENT AGENDA
Mayor Puccinelli referred to the items placed on the Consent
Agenda, questioning whether there were any additions or deletions
from either Council members or citizens present. County
Commissioner Flower requested Agenda Item No. 23 be removed from
the agenda. After discussion about Agenda Item No. 23, it was
the consensus of the Council to add Agenda Items Nos. 13A and 13B
and to remove Agenda Items Nos. 15, 18, and 23 from 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;
Buchanan absent. (Subsequent paragraphs preceded by an asterisk
( *) indicate items on the Consent Agenda handled under one motion
without further discussion.)
*7. APPROVAL OF MINUTES OF THE SEPTEMBER 15, 1998 ADJOURNED AND
BUSINESS MEETINGS
The minutes of the September 15, 1998 Adjourned and Business
meetings were approved, having been duly certified accurate by
two Council members and no one present wishing to have said
minutes read publicly.
8. PUBLIC MEETING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON
REZONE OF PROPERTY AT 2701 ENGLEWOOD AVENUE, REQUESTED BY EPIC
This being the time set for the public meeting, Bruce Benson,
Associate Planner, reviewed EPIC's request to rezone
approximately 4.65 acres of land. Located at 2701 Englewood
Avenue, the property is currently zoned Single- Family Residential
(R -1), with Multi - Family Residential (R -3) being the proposed
zoning. An environmental review was completed and a
Determination of Nonsignificance was issued with no dissenting
comments received. In addition to the rezone request and
environmental review, this master application also includes a
Class 2 review to allow group homes, a Class 3 review to permit
professional offices, and an Administrative Adjustment to the
parking standards to reduce the number of required parking spaces
by ten spaces. The applicant has submitted a site plan to
construct a four - phased development consisting of a cluster of
buildings. Public services will be provided and development of
the project will not negatively impact the traffic capacity on
Englewood Avenue. Mr. Benson noted that there were no objections
to this application at the Hearing Examiner's public hearing. He
also indicated that the majority of this application complies
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with the Comprehensive Plan and the Future Land Use Map. A
development agreement would be the vehicle to monitor the phased
development portion of the project. Planning staff agrees with
the Hearing Examiner's decision. Mr. Benson urged the Council to
accept the Hearing Examiner's recommendation to approve with
conditions and direct legal staff to prepare the proper
documents, including a development agreement.
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Several Council members raised questions and requested
clarification about infrastructure improvements, parking
requirements, and emergency vehicle access, particularly if a
change in land use occurs. Staff recommended that these issues
be addressed in the development agreement. As a point of
clarification, Frank Rolland, 171 Salt Road in Selah,
representing EPIC, explained a small food service operation is
planned for use within the group home complex. It was MOVED BY
. SIMS, SECONDED BY BEAUCHAMP, TO ACCEPT THE HEARING EXAMINER'S
RECOMMENDATION AND DIRECT LEGAL STAFF TO PREPARE THE ORDINANCE
AND DEVELOPMENT AGREEMENT AND TO INCLUDE A PARKING STANDARD
REVIEW WHEN ANY CHANGE IN LAND USE OCCURS FOR THIS PROPERTY. The
motion carried by unanimous voice vote; Buchanan absent.
9. PUBLIC MEETING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON
REZONE OF CITY -OWNED PROPERTY AT 3300 WEST NOB HILL BLVD.
This being the time set for the public meeting, Bruce Benson,
Associate Planner, summarized the non - project specific rezone of
three vacant, city -owned lots consisting of 1.16 acres. The
property is located along the south side of Nob Hill Boulevard
and was acquired through a trade for city -owned property that is
now occupied by the Unemployment Office. Public utilities can
serve this property and the rezone will not overtax nearby
arterials and collector streets. Mr. Benson reported the rezone
complies with the Comprehensive Plan and the Future Land Use Map.
Staff recommends approval of the rezone request.
Mr. Benson addressed questions from the Council concerning
appropriate site screening considerations and possible deed
restrictions for site improvements as conditions to the rezone.
Council Member Beauchamp said he would like to see arborvitaes
planted, along with the appropriate site screening structure, to
buffer the adjacent residential property from the project.
I/ Acting City Manager Rice pointed out that the specific buffer
would depend upon the kind of project that is developed. That
won't be apparent until the property is sold. He suggested
reserving the right to amend the conditions of the rezone to
include details of the preferred site screening structures or
other improvements via deed restriction as part of the sale of
the property. Mr. Benson noted that a final site plan will be
submitted and those features could also be included in a
development agreement. •
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OCTOBER 6, 1998
Mayor Puccinelli opened the public meeting and invited comments
from the audience. There being no one wishing to speak, he
closed the public meeting. It was MOVED BY BEAUCHAMP, SECONDED
BY KLINGELE, TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION WITH
CONDITIONS AND TO RESERVE THE RIGHT TO AMEND THOSE CONDITIONS
LATER ON AS SUGGESTED BY THE ACTING CITY MANAGER. The motion
carried by unanimous voice vote; Buchanan absent.
10. AUDIENCE PARTICIPATION
There was no one wishing to comment.
11-. CONSIDERATION OF RESOLUTION TO NOMINATE AN APPLICATION FOR THE
YAKAMA INDIAN NATION REGARDING EMPOWERMENT ZONE
William Cook, Director of Community and Economic Development,
summarized the request to assist the Yakama Nation to apply for a
Rural Empowerment Zone designation. He introduced Patrice Kent,
representing the Yakama Indian Nation, who described her
involvement with community organizations to develop the Rural
Empowerment Zone request through the Department of Agriculture.
The grant would consist of up to $4 million for up to 10 years
along with other incentives for the grant properties. She noted
the Airport property is included within the nominated area, as
well as land located south of Ahtanum Road and west of
16 Avenue. Mayor Puccinelli thanked staff for their
participation in the grant application process. The main goal is
to bring jobs to the Valley and improve the quality of life
within the Empowerment Zone. He pointed out that incentives
would be included for a portion of the Airport property in the
Empowerment Zone area. Resolution No. R -98 -139 having been read
by title only, it•was MOVED BY SIMS, SECONDED BY KLINGELE, TO
ADOPT THE RESOLUTION. The motion carried by unanimous voice
vote; Buchanan absent.
RESOLUTION NO. R -98 -139, A RESOLUTION authorizing and directing
the City Manager to execute and submit an application regarding
nomination of a portion of the Yakima Airport property and
identified adjacent properties within the City limits for
designation as a commercial /industrial developable site as part
of the Yakama Indian Nation's application with the United States
Department of Agriculture for designation of a Rural Empowerment
Zone.
12. CONSIDERATION OF COUNCIL TRANSIT TASK FORCE RECOMMENDATIONS
(CONTINUED FROM SEPTEMBER 15, 1998)
Chris Waarvick, Public Works Director, briefly recapped the bus
replacement issue. He referred to the Aerotech cutaway bus and
recommended a three -year bus replacement schedule for this model
of bus. He reported that an extended warranty is not available
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through the retailing vendor, but is available from a third party
vendor. Mr. Waarvick also entertained several questions from the
Council about the average life expectancy of the Aerotech bus,
clarification of certain bus specifications, and whether the
Aerotech model will adequately meet State Safety Standards.
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Ailene Kane noted that she would be more comfortable with a
heavier bus than the Aerotech. She would prefer the World Trans
3000; she feels a heavier bus would be better suited for winter
weather conditions.
Ernie Berger, 1206 South 37 Avenue, feels the Task Force has
been a very positive experience. He thanked the Council for
putting this committee into effect. Volunteers have put many
hours in, especially Bruce Smith and Al DeAtley, working on the
bus size project and the ridership survey. Mr. Berger urged the
Council to accept the Task Force's recommendation to buy six
Aerotech buses.
Al DeAtley, Hawthorne Drive, pointed out that $65,000 is the
projected savings per year. If you privatize and buy a total of
eight buses, contract out two routes, there will be a $500,000
plus savings.
Bruce Smith urged the Council to not make a definite policy to
replace the Aerotech buses in three years,- but make that decision
on three years based upon the condition of the buses. He also
urged the Council to replace six buses instead of five to save
more money.
Robert Owen, 614 North 3 Street, urged the Council to buy a
minimum number of buses and test them out first before committing
to a large sale.
It was MOVED BY BEAUCHAMP, SECONDED BY PLACE, TO ACCEPT THE STAFF
RECOMMENDATION TO BUY FIVE AEROTECH BUSES. It was MOVED BY
BARNETT, SECONDED BY SIMS, TO AMEND THE MOTION TO BUY SIX
AEROTECH BUSES. There was discussion about the allowable number
of spare buses needed to comply with federal regulations. If six
are purchased then another one of the older, big buses would be
taken out of service and the new bus added to that route. The
question was called for a vote on the motion. The motion to
I/ amend carried by a 5 -1 voice vote; Klingele voting nay; Buchanan
absent. The question was called for a vote on the motion as
amended. The motion carried by a 5 -1 voice vote; Klingele voting
nay; Buchanan absent.
Referring to the fare analysis example, Council Member Place
pointed out that Dial -A -Ride customers would ride free on the
fixed route system and that should be indicated in the analysis.
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After a very brief summary, it was the consensus of the Council
to consider whether to eliminate Dial -A -Ride (DAR) service or to
retain it by voting on each holiday separately. It was MOVED BY
KLINGELE, SECONDED BY PLACE, TO ELIMINATE NEW YEARS DAY DAR
SERVICE. The motion failed by a 3 -3 tie vote; Barnett, Sims, and
Beauchamp voting nay; Buchanan absent.
It was MOVED BY KLINGELE, SECONDED BY PLACE, TO ELIMINATE
MEMORIAL DAY DAR SERVICE. The motion carried by a 5 -1 voice
vote; Barnett voting nay; Buchanan absent.
It was MOVED BY KLINGELE, SECONDED BY PLACE, TO ELIMINATE
INDEPENDENCE DAY DAR SERVICE. The motion failed by 5 -1 voice
vote; Place voting aye; Buchanan absent.
It was MOVED BY KLINGELE, SECONDED BY PLACE, TO ELIMINATE LABOR
DAY DAR SERVICE. The motion carried by unanimous voice vote;
Buchanan absent.
It was MOVED BY KLINGELE, SECONDED BY PLACE, TO ELIMINATE
THANKSGIVING DAR SERVICE. The motion failed by 4 -2 voice vote;
Place and Klingele voting aye; Buchanan absent.
It was MOVED BY KLINGELE, SECONDED BY PLACE, TO ELIMINATE
CHRISTMAS DAR SERVICE. The motion failed by 5 -1 voice vote;
Place voting aye; Buchanan absent.
It was MOVED BY KLINGELE, SECONDED BY PLACE, TO ELIMINATE SUNDAY
DAR SERVICE. The motion failed by 5 -1 voice vote; Place voting
aye; Buchanan absent.
It was MOVED BY KLINGELE, SECONDED BY PLACE, TO SET THE DATE OF
PUBLIC HEARING FOR NOVEMBER 17, 1998 TO CONSIDER THE CHANGE IN
SERVICE PROPOSAL TO ELIMINATE DIAL -A -RIDE SERVICE ON MEMORIAL DAY
AND ON LABOR DAY, AND TO CONSIDER THE PROPOSED ELIMINATION OF
ROUTE 10 IN FAVOR OF A MORE FAVORABLE, COST EFFECTIVE ALTERNATIVE
ROUTE. The motion carried by unanimous voice vote; Buchanan
absent. Mayor Puccinelli thanked the Task Force members for
their hard work and participation in the Transit Service review.
*13. PRESENTATION OF 1999 PRELIMINARY BUDGET FORECAST (AVAILABLE
FRIDAY) :
A. SET DATE OF PUBLIC HEARING FOR NOVEMBER 3, 1998 FOR AD VALOREM
PROPERTY TAX LEVY FOR COLLECTION IN 1999
November 3, 1998 was set as the date of public hearing.
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B. SET DATE OF PUBLIC HEARING FOR NOVEMBER 17, 1998 ON THE 1999
• PRELIMINARY BUDGET
November 17, 1998 was set as the date of public hearing.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
WITH HUIBREGTSE LOUMAN ASSOCIATES FOR DESIGN OF A BOOSTER PUMP
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STATION
RESOLUTION NO. R -98 -140, A RESOLUTION authorizing and directing
the City Manager and the City Clerk of the City of Yakima to
execute a professional engineering services agreement with
Huibregtse, Louman Associates, Inc., regarding the design of a
domestic water booster pumping station that will be located at or
near the intersection of North 32 Avenue and Englewood Avenue,
Yakima, Washington.
15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT
NO. 3 TO THE HDR CONTRACT FOR WASTEWATER FACILITY COMPREHENSIVE
PLAN
•
Council Member Klingele pointed out that additional National
Pollution Discharge Elimination System (NPDES) requirements will
cost the City an additional $300,000. Council Member Barnett
referred to the hydraulic capacity reduction concerns about
ammonia. Chris Waarvick, Public Works Director, and Doug Mayo,
Acting Wastewater Manager, explained the ammonia capacity
restriction associated with the NPDES waste discharge permit
requirements.
Resolution No. R -98 -141 having been read by title only, it was
MOVED BY SIMS, SECONDED BY PLACE, TO ADOPT THE RESOLUTION. The
motion carried by unanimous roll call vote; Buchanan absent.
RESOLUTION NO. R -98 -141, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute Agreement
amendment #3 for professional engineering services between the
City of Yakima, a municipal corporation, and HDR Engineering,
Inc.
*16. •CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL
SERVICES CONTRACT WITH GRAY AND OSBORNE FOR SIGNAL DESIGN AT 6TH
STREET AND NOB HILL BOULEVARD
RESOLUTION NO. R -98 -142, A RESOLUTION authorizing and directing
the City Manager and the City Clerk of the City of Yakima to
execute a professional engineering services agreement with Gray &
Osborne, Inc., regarding the signalization of Nob Hill Boulevard
and South Sixth Street, Yakima, Washington.
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*17. CONSIDERATION OF RESOLUTION DENYING THE RIGHT -OF -WAY VACATION
REQUESTED BY DEBRA POTTER
RESOLUTION NO. R -98 -143, A RESOLUTION denying the right -of -way
vacation petition of Deborah Potter and neighbors to vacate an
undeveloped alleyway bounded by Voelker and Ledwich Avenues and
Pierce and King Streets, with the City of Yakima, Washington.
18. SET DATE OF JOINT CITY /COUNTY PUBLIC HEARING FOR OCTOBER 20, 1998
TO CONSIDER GROWTH MANAGEMENT IMPLEMENTATION ORDINANCES AND GMA
PLAN AMENDMENTS
As a point of clarification, Don Skone, Planning Manager,
reported that the joint City /County public hearing would be held
at the County Courthouse, in the Extension Meeting Room 231, on
October 20, 1998 at the normal meeting time of 2 o'clock p.m.
It was MOVED BY KLINGELE, SECONDED BY PLACE, TO SET OCTOBER 20,
1998 AS A DATE OF PUBLIC HEARING ON THE PROPOSED GROWTH
MANAGEMENT IMPLEMENTING ORDINANCES AND AMENDMENTS TO THE YAKIMA
URBAN AREA COMPREHENSIVE PLAN. The motion carried by unanimous
voice vote; Buchanan absent.
*19. SET DATE OF PUBLIC HEARING FOR OCTOBER 20, 1998 TO CONSIDER THE
HEARING EXAMINER'S RECOMMENDATION ON THE RIGHT -OF -WAY VACATION
APPLICATION FOR THE YAKIMA HOUSING AUTHORITY FOR PROPERTY IN THE
VICINITY OF 916, 918 AND 920 FENTON STREET
October 20, 1998 was set as the date of public hearing to
consider a petition to vacate the easternmost 70 feet of Fenton
Street, in the vicinity of 920 Fenton, as requested by the Yakima
Housing Authority.
*20. SET DATES OF PUBLIC HEARINGS FOR OCTOBER 20 AND NOVEMBER 17, 1998
ON THE 1999 CONSOLIDATED PLAN
October 20, 1998 and November 17, 1998 were set as dates of
public hearings to receive public comments for the Consolidated
Plan 1999 One -Year Action Plan.
*21. APPROVAL OF RIGHT -OF -WAY USE PERMITS FOR:
A. SIGN AT 107 SOUTH 7 TH AVENUE REQUESTED BY JERRY MAGGARD
The Right -of -Way Use Permit to place a building identification
and tenant listing sign at 107 South 7th Avenue, requested by H.E.
(Jerry) Maggard was approved.
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B. MC DONALD , S SIGN ON EAST YAKIMA AVENUE REQUESTED BY GREG
LURING
The Right -of -Way Use permit to place a directional sign along the
South side of East Yakima Avenue near the intersection of South
17 Street, as requested by Greg Luring for McDonald's, was
approved.
*22. APPROVAL OF FINAL CONTRACT PAYMENTS FOR (STANDARD OT 1z-13-ACCE1z-13-ACCEPT RD MION -- ACCEPT
PROJECT AND APPROVE FINAL PAYMENT) :
A. RACE STREET SEWER LIFT STATION IMPROVEMENTS PROJECT
The report from Huibregtse, Louman Associates, Inc., dated
September 11, 1998, with respect to the completion of the work on
the Race Street Sewer Lift Station Improvements project,
performed by Goodfellow Bros., Inc., was approved, the work
accepted and payment of the final estimates as therein set forth
was authorized.
B. LOW /MEDIUM VOLTAGE ELECTRICAL EQUIPMENT MAINTENANCE PROJECT
' The report from HDR, dated September 21, 1998, with respect to
the completion of the work on the Medium /Low Voltage Electrical
Equipment Maintenance project, performed by Electro -Test, Inc.,
was approved, the work accepted and payment of the final
estimates as therein set forth was authorized.
23. CONSIDERATION OF LEGISLATION RELATING TO THE WASTEWATER
CONNECTION FEES:
A. RESOLUTION ADOPTING A REVISED WASTEWATER CONNECTION CHARGE
STUDY UPDATE
As a point of clarification to confirm that the City previously
had notified Yakima County, Assistant City Manager Rice
distributed a letter dated August 13, 1998 from Yakima County
responding to the Wastewater Connection Charge Study which the
City received on Friday. He introduced Tom Wolfendale, with
Preston, Gates & Ellis, LLP, the City's senior legal counsel on
the Wastewater connection charge issue.
Mr. Wolfendale provided background information about the legal
review and revision process used to update the Wastewater
Connection Charge Study and the Wastewater connection rates. He
indicated that all legal criteria was met, and his partner,
Elizabeth Thomas, had carefully scrutinized the facts and legal
information. Mr. Wolfendale described the primary elements
within the proposed ordinance that deal with fees. He feels
there is no reason legally for the City Council to delay moving
forward with consideration of the proposed legislation. From a
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legal perspective, Mr. Wolfendale indicated that the material
submitted by the County is irrelevant to the legal criteria for
the changes within the proposed legislation. He also noted that
the Four -Party Agreement is irrelevant to the issue. It does not
support a contractual obligation or right on the part of the
County to intercede into the activities that the Council would
consider enacting. He was available for any questions.
Mr. Mayo clarified the apparent confusion about the rate charged'
to accommodate two LIDs formed between January 1 and September 3,
1997. He also answered several questions posed by Council Member
Sims about the rate chart which reflects rates adjusted due to
updated information.
Bill Flower; Yakima County Commission and Dick Anderwald,
Planning Director for Yakima County, urged the Council to delay
its decision until more dialogue takes place between the City and
the County. There was also discussion about the status of
pending litigation. Mr. Anderwald noted for the record that the
Study was prepared in September. He said the packet of
materials, including the cost study, the ordinance, and the
resolution did not arrive until late Friday afternoon; however,
they had received the letter and attached spreadsheet that shows
the proposed range of reductions. That is why the County's
letter says We applaud those adjustments as benefiting both city
and county residents alike. Mr. Anderwald explained that the
County wants to agree on the methodology by which the rates are
created. Then simple adjustments due to inflationary factors or
other rationale can be easily dealt with on an annual or
semiannual basis. Council Member Barnett pointed out that most
of the rates are going down and suggested that discussion can
continue even if the legislation is adopted.
Shirley Doty, 617 Freidline Road, explained some of the concerns
shared by West Valley residents concerning Yakima County's
participation in the Four -Party Agreement. An extensive
discussion 'took place about the ph.losophical differences
surrounding ti the Wastewater Connection 'Charge Study and the
connection fees ordinance.
Resolution No. R -98 -144 having been read by title only, it was
MOVED BY SIMS, SECONDED BY KLINGELE, TO ADOPT THE RESOLUTION.
The motion carried by 5 -1 roll call vote; Sims voting nay;
Buchanan absent.
RESOLUTION NO. R -98 -144, A RESOLUTION adopting the Revised
Wastewater Connection Charge Study Update, dated October 1998,
for the City of Yakima, Washington.
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B. ORDINANCE AMENDING THE WASTEWATER CONNECTION FEES
Ordinance No. 98 -42 having been read by title only it was MOVED
BY KLINGELE, SECONDED BY PLACE TO PASS THE ORDINANCE. The motion
carried by 5 -1 roll call vote; Sims voting nay; Buchanan absent.
ORDINANCE NO. 98 -42, AN ORDINANCE of the City of Yakima relating
to wastewater connection charges; amending Chapter 7.58 of the
City of Yakima Municipal Code; and providing for related matters.
*24. CONSIDERATION OF ORDINANCE PROVIDING FOR NOTICE TO THE WASHINGTON
UTILITIES AND TRANSPORTATION COMMISSION ABOUT CITY'S INTENTION TO
PROVIDE RESIDENTIAL GARBAGE AND REFUSE COLLECTION AND DISPOSAL
SERVICE TO ANNEXED AREAS
ORDINANCE NO. 98 -43, AN ORDINANCE.concerning garbage and refuse
collection and disposal services in the City of Yakima, stating
the City's intention to provide garbage and refuse collection and
disposal services to residential properties in all incorporated
areas of the City, including areas annexed effective after July
27, 1997, subject to the provisions of RCW 35.13.280, and
directing the City Clerk to provide notice of this intent to the
Washington Utilities and Transportation Commission.
*25. CONSIDERATION OF ORDINANCE AMENDING TERM LIMITS FOR THE YAKIMA
CENTER ADVISORY COMMITTEE
ORDINANCE NO. 98 -44, AN ORDINANCE relating to the Yakima Center
Advisory Commission; removing restrictions on reappointment of
commission members; and amending Section 1.88.020 of the City of
Yakima Municipal Code.
26. OTHER BUSINESS
Council members were invited to attend the AWC Regional meeting
on Wednesday evening. Mr. Rice also reviewed the various street
repairs scheduled this week forcing detours around the
construction areas. Chris Waarvick gave an update on the
condition of Curt Butler who was injured on the job last week.
Information Items:
Items of information provided to Council were: Agenda for the
October 8, 1998 Hearing Examiner meeting; Minutes of the September 14,
1998 Parks and Recreation Commission meeting; Agenda for the September
30, 1998 Yakima District Board of Health meeting and minutes of its
August 26, 1998 meeting; City of Yakima Planning Division Assignments
Pending as of October 6, 1998; Letter from State Department of
Community, Trade and Economic Development regarding Growth Management
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OCTOBER 6, 1998
News - September 1998. 9/24/98; About Growth; Fall 1998; and Department
of Ecology Fact Sheet regarding Tiger Oil (24 Avenue and Nob Hill
Boulevard). September 1998. Distributed 10/6: 9/30/98 Letter from the
Yakima Indian Nation regarding Empowerment Zone application.
27. EXECUTIVE SESSION REGARDING PENDING LITIGATION
It was MOVED BY KLINGELE, SECONDED BY PUCCINELLI, TO MOVE INTO
EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION FOR APPROXIMATELY
20 MINUTES, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion
carried by unanimous voice vote; Buchanan absent.
28. ADJOURNMENT
Following the conclusion of the Executive Session, the meeting
adjourned at 5:23 p.m.
READ AND CERTIFIED ACCURATE BY: / /" � �$
COUNCIL BER DATE
/, I A or' l.a., . II11 ■_, . ;, 1.!.11 .
C M MBER , - DATE
ATTEST: /r
CITY CLERK JOHN PUCCINELLI, MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and videotape of this meeting are
available in the City Clerk's Office
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