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HomeMy WebLinkAbout03/27/1990 Business Meeting 446 MARCH 27, 1990 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 Pat Berndt, presiding, Council members Clarence Barnett, Henry A Beauchamp, Lynn Buchanan, George Pechtel, Skip Semon and Bernard Sims present on roll call. .City Manager Zais, Assistant City Attorney Jim Tree, City Clerk Roberts and Clerk Givens also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Berndt. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER None 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. There being none, 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 PASSED. 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 COUNCIL MEETING OF MARCH 13, 1990 The Council minutes of March 13, 1990 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 Larry Mathews, 805 S. 17th Avenue, requested the Council install a higher fence around Fisher Park. Eleven insurance claims have been made against the City since 1986, due to damage by golf balls. Mr. Mathews feels this is sufficient evidence to support the need for a higher fence now. Linda Rodvold, 821 S. 38th Avenue, stated she has received 1600 golf balls in her yard over the past six seasons. She read a news article from Los Angeles, California, regarding a man who was injured by a golf ball and sued the City for $2.8 million. She requested the City do something about this problem before someone here is hurt. She suggested an architect be hired to do a study to see if this problem can be solved. She stated she is prepared to have a petition signed if necessary. Chrystine Buckley, 1410 Ledwich Avenue, appealed to the Council for help in controlling a dog problem she has had for 4 1/2 years in her neighborhood. The dogs live at 1411 Ledwich Avenue, and are allowed to run loose. She has received a notice from the Post Office that they will no longer deliver mail unless this problem is corrected. She has requested help from the Animal Control numerous times, without success. The Mayor stated she will request help for the problem. Jerry Copeland, Director of Public Works, introduced Nancy Gaudette as the new Acting Manager of Refuse and Recycling. Nancy had worked closely with Del Kary, Street and Refuse Superintendent, therefore, she has the expertise in this field. AAD /1 447 MARCH 27, 1990 7. PRESENTATION OF EMPLOYEE SERVICE'AWARDS Archie Sutton, Personnel Director and Carol Bates, Personnel Technician presented Service Awards for 1989, to the following employees: For 25 years service with the Police Department: Robert J. Thomas and William G. Wilson. 25 years, Fire Department: B. Eugene Martin and Ronnie S. Roberts; • 25 years, Engineering: Rita Germunson; 25 years, Water: James W. Henness; 20 years, Planning: Marcille Groenig. 20 years, Codes: Michael Gaudette; 20 years, Police Department: William T. Verran, Charles H. Stacy, William V. Dizmang, Donald D. Van De Venter; 20 years, Fire Department: Douglas A. Berndt, Charles A. Faulkner, Donald A. Rathjen, Ronald D. Thomas, Larry G. Morehouse, Jerry 'L. Cecil, Douglas P. Gordner. 20 years, Traffic Engineering: James A. Bond. 20 years, Streets: Joseph L. McWain. 20 years, Transit: Kenneth Kohagen. The 15 year Service awards were: Police: Larry R. Kilpatrick, Neva L. Bowden,' Katherine J. Arington; Fire: Richard C. Bowman; Traffic Engineering: Vernon Collins; Customer Service: Bert Tabayoyon; Parks & Recreation: Larry E. Rathjen; Streets: Robert W. Hamilton; Cemetery: Ronald L. Mesecher; Transit: William L. Payton; Wastewater: Genie Booher. The Mayor and Council congratulated these employees. (Employees not present to accept their awards were: Robert J. Thomas, Ronnie S. Roberts, Donald D. Van De Venter, Charles A. Faulkner, Donald A. Rathjen, Ronald D. Thomas, Larry G. Morehouse, Jerry L. Cecil, Douglas P. Gordner, Larry R. Kilpatrick and Richard C. Bowman). 8. PUBLIC HEARING ON 1990 IRRIGATION MAINTENANCE ASSESSMENT ROLL (SEE ORDINANCE CONFIRMING ASSESSMENT ROLL) This being the time set for the public hearing on the 1990 III Irrigation Maintenance Assessment Roll, Ty Wick, Superintendent of Water Division, was present to answer questions regarding the t irrigation maintenance assessment. The Mayor opened the hearing to take public testimony. Monroe Rentz, 803 S. Naches Avenue, spoke in opposition to the rates being increased for people on fixed incomes. Mr. Rentz read a passage from Micah, Chapter 2; Verses 1 & 2. Mayor Berndt stated that the rates did not go up in his district this year. Magnolia Rentz, 1001 S. 6th Street, spoke in opposition to the rates being increased every year. She suggested the rates be increased every few years instead of every year. The Council, advised Ms. Rentz that she lived in District 308, and the rates had not increased this year. Robert Henderson, 314 N. 32nd Avenue, addressed the Council with a request for more irrigation water. He stated he did not mind the charges if he was receiving the water. He stated this situation has not improved in this area in the past 20 years. Harold Ames, 815 N. 1st Street, reiterated Mr. Henderson's plea and indicated he doesn't have very much water available on his property and he pays $124 annually. Kathryn Mann, 200 Block of North Naches, stated her water rate has gone up steadily the past five years. She said she does not mind paying, if she has sufficient water, but she doesn't receive enough to even keep her grass watered. Chrystine Buckley, of District 664, stated she has complained, about the irrigation system, every year for 25 years, to no avail. She commented she was told by Council two years ago, that the assessment could be paid in two payments. She tried to do this, but was not allowed to do so. She asked the Council to please abide by their previous agreement. Ty Wick stated they could not . do this because payments are ,due 6 months after they are billed, therefore, a: year and a half would have to be collected to begin AAD /2 • 4.48 MARCH 27, 1990 this procedure. The Council discussed the cost of this and agreed to look into this possibility further. Larry Mathews, Districts 371 and 664, protested the variations in which the assessments are charged. He feels that Council should not allow anyone to be exempted from paying the irrigation assesment, even if they don't use the irrigation water. The policy should be consistent with RCW 4.16.150, which requires payment for refuse collection even if the resident doesn't utilize that service. Mayor Berndt requested Mr. Tree, Assistant City Attorney, make notes of these comments. There being no other citizen wishing to speak to this item, the Mayor closed the public hearing. Council member Beauchamp questioned Mr..Wick concerning system repairs shutting down the irrigation system. Mr. Wick stated there are various reasons for shut downs, such as wash outs of canals, but known repairs are made before the season. There was further discussion by the Council concerning irrigation deletions and expenditures. Ordinance No. 3250 having been read by title, it was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, THAT THE ORDINANCE BE PASSED. The motion carried by 6 -1 roll call vote. Barnett voting nay. Barnett stated he voted nay because he felt some reduction was merited. Dennis Covell,. Director of Engineering and Utilities, remarked that this is the first year in a long time that rates have been reduced in some areas and there has actually been a "dollar turn back ", to some customers. It was the consensus of the Council that the irrigation problem is a long term problem, needing a solution. ORDINANCE NO. 3250, AN ORDINANCE confirming the irrigation maintenance assessment roll of the City of Yakima for the calendar year 1990 and levying irrigation maintenance assessments according to such roll. 9. PUBLIC MEETING ON RIGHT -OF -WAY VACATION OF ALLEYWAYS WITHIN THE BLOCK BOUNDED BY SOUTH NACHES AVENUE, EAST CHESTNUT AVENUE, SOUTH 4TH STREET, AND EAST YAKIMA AVENUE, IN THE VICINITY OF "THE TOWER" This being the time set for the public meeting on the right -of -way vacation, Larry Lehman, Associate Planner, discussed the right -of- way vacation, recommending approval with four conditions, those being: 1) vacation not be effective until receipt by the City of one half of the fair market value, ($41,100) to be paid within 12 months of the approval of this action; 2) all access points to the blocks shall provide means for emergency access for police and fire vehicles; 3) ' applicant shall install signing at its expense at all access points indicating that they are private and not public rights -of -way; 4) applicant shall repair and replace curb, gutter, and sidewalk at any current access point that is not maintained in compliance with standards of the City Engineer. Council member Barnett asked if the apartment owner gets one -half of the right -of -way of the alley. Mr. Lehman answered that the City does not take a position on this. Mr. Barnett's concern was if the Refuse Department would still be allowed to use the alley. 'Jim Tree, Assistant City Attorney, stated that normally each would receive one half of the alley. It was the consensus of the Council the utility easement should be retained in this area and should be included as a condition of approval. The Mayor opened the meeting to accept public comment. She asked first for those speaking in favor of the action. Al Royal, 150 Fortune Road, Naches, spoke representing the owners of "The Tower ". He stated that it was his understanding that all utility easements would remain. There being no other citizen wishing to speak to this item, the Mayor closed the public meeting. She asked that Council members declare any contact they might have had regarding the vacation of "The Tower" prior to this meeting. Council members reported none. Mayor Berndt having asked for Council direction on this matter, it was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION AND DIRECT STAFF 10 PREPARE AN AAD /3 MARCH 27;; 1990 4 4 9 ORDINANCE TO VACATE SUBJECT RIGHT -OF -WAY, WITH THE.ADDITION OF THE RETENTION OF THE UTILITY EASEMENT. The motion carried by unanimous voice vote. 10. ' PUBLIC MEETING ON THE MASTER APPLICATION OF THE SCHOOL DISTRICT FOR CLASS 3 REVIEW AND RIGHT -OF -WAY VACATION FOR ADAMS SCHOOL This being the time set for the public meeting on the Class 3 ' Review and Right -of Way Vacation for. Adams. School, Joan Davenport, Supervising Associate Planner, presented drawings of the area in question. Ms. Davenport stated a public hearing was held by the Hearing Examiner on the Adams School right -of -way vacation on February 7th with no opposition voiced. She said the City Planners had conducted an in -depth and detailed review of this project with good communication with the school district. The new school will be a real asset to the neighborhood. By April 30th all of the houses will be moved. Council member Barnett asked who was paying for the relocation of the utilities, the City or the school board. Ms. Davenport assured him that the school is paying for it. The Mayor opened the meeting to accept public comment. Bob Alexander, Administrative Assistant to the Superintendent of Yakima Public. Schools, stated that the community is excited about the new school and the park -like atmosphere, with a full soccer field, and baseball field. The School District asked for Council's approval`. of the Hearing Examiner's recommendation. Council member Beauchamp asked about the cyclone fence around the property. Mr. Alexander answered that the cyclone fence would go around the .property up to where the trees make a "buffer ". He stated that having the campus fenced almost completely eliminates drug problems. Mr. Alexander pointed out the existing buildings which will remain and be able to be used by the community. . There being no other citizen wishing to speak to this item, the Mayor closed the public meeting. Having asked direction of the Council, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO AFFIRM THE EXAMINER'S RECOMMENDATION AND DIRECT THE CITY ATTORNEY TO PREPARE THE VACATION ORDINANCE. The motion carried by unanimous voice vote. 11. PUBLIC MEETING ON THE MASTER APPLICATION OF THE SCHOOL DISTRICT FOR CLASS 3 REVIEW AND RIGHT -OF -WAY VACATION FOR ROOSEVELT SCHOOL This being the time set for the public meeting on the Class 3 Review and right -of -way 'vacation for Roosevelt School, Joan Davenport presented drawings of the area in question, Roosevelt Elementary School. She reported that this was processed in the same time sequence as the Adams School vacation, however, there were more community concerns over this area. The School then revised their mitigated DNS and conducted a full traffic analysis of the area. The traffic: and demolition concerns were worked out satisfactorily. There was further discussion concerning the irrigation system and snow removal, which were resolved. Larry Petrie, Yakima School District, stated that the School, District would definitely keep the sidewalks cleared of snow. Bob Alexander discussed the fencing that would be around the school after completion. He also explained the property lines along 16th Avenue. The old existing buildings will be torn down after completion of the new facility. There were only 10 homes that have to be demolished out of the more than 50, that had to be relocated for the two schools. Council member Beauchamp inquired about the trees. Mr. .Alexander explained in detail the landscaping of the area. .. Dallas Rice, 116 N. 18th Avenue, spoke in opposition. He was concerned about liability insurance in case of an accident in the area being worked on. The Mayor answered that the School Board carries insurance and will be responsible. Bob Alexander answered Mr. Rice's concern with the response that the School Board will be happy to supply the residents with names and telephone numbers of • AAD /4 45 0 MARCH 27, 1990 • the proper people to contact with problems, and would also give them construction schedules.. There being no other citizen wishing to speak to this item, the Mayor closed the public meeting. Council members were asked to declare any contact they might have had regarding the Roosevelt School Master Application prior to this meeting. Council members reported none. Direction being asked of Council, it was MOVED BY PECHTEL, SECONDED BY BEAUCHAMP, TO ACCEPT THE' HEARING EXAMINER'S. CONCLUSIONS AS STATED. The motion.carried by unanimous voice vote. 12. PUBLIC MEETING ON 1989 COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE PERFORMANCE REPORT This being the time set for the public meeting on the Community Development Block Grant Grantee Performance Report, Dixie Kracht, Block Grant Manager, summarized the report with the following • • information. Sixteen single family, owner - occupied homes, were repaired; twelve senior citizens hares; addressed seventeen emergency senior citizen home repairs; seven investors with seven projects; completed 29 rental units; re- established homeownership for five homesteaders; put together one transitional house for the homeless for five families which will house ten families within a year. Other families were assisted and referred to other agencies, consisting of 1,362 people. In conclusion, approximately $1.3 million was spent and the agency was in contact with 1500 families • this year. The Mayor opened the meeting for citizen comment. There being no citizen present to address the issue, Mayor Berndt closed the public meeting. It was MOVED BY BEAUCHAMP, SECONDED BY PECHTEL, TO ACCEPT THE GRANTEE PERFORMANCE REPORT AND HAVE IT SIGNED AND ' SENT IN BY THE CITY MANAGER. The motion carried by • unanimous voice vote. The Mayor commended Ms. Kracht and the Housing Division for their excellent work. Appreciation was also given for the department being a part of organizing a southeast neighborhood for the repainting of walls covered with graffiti and also painting their garages. * 13. NOTICE OF INITIATION TO COMMENCE ANNEXATION IN VICINITY OF NORTH 54TH AVENUE AND SCENIC DRIVE March 27, 1990 was set as the time of a meeting with the initiating party who signed the Notice of Intent to Commence Annexation Proceedings, dated March 20, 1990, the initiating party being Wayne Bolton. The annexation proposed by Wayne Bolton was accepted by the City of Yakima and the area to be annexed was required to assume its share of the City's existing indebtedness, and a Notice of Intention to Annex was required to be filed with. the Yakima County Boundary Review Board. 14. REPORT FROM ENGINEERING DIVISION REGARDING REQUEST FROM CARL RIZZO FOR MODIFICATION OF PIERCE AND LINCOLN AVENUE COUPLET Dennis Covell, Director of Engineering and Utilities, reported on the Pierce and Lincoln Avenue Couplet. Mr. & Mrs. Williams, Carl Rizzo, and another family have made requests for some type of protective barrier from uncontrolled vehicles crashing into their property. This has happened numerous times involving these families. Mr. Williams was nearly hit once in his wheel chair. The request is for concrete median barriers to direct the cars back into the roadway when they lose control; also posts around the Williams garage; so there is no sight obstruction to them. Council member Beauchamp asked what was the most expensive damage that has occurred in the area. The Williams replied that they have had $10,000 worth of damage twice. Council member Buchanan commented that he has been aware for many years of the dangers involved with this couplet, and agreed something must be done about it. The Williams requested a handicapped access area in order for Mr. Williams to be able to maneuver his wheelchair into his car. AAD /5 451 MARCH 1990 They have received warnings from the Police Department because they must park in the parking strip to give Mr. Williams access into his car from Pierce. Carl Rizzo, 605 W. Lincoln, stated that when the couplet was installed the residents were promised a solution. His insurance company is going to terminate his uninsured motorist insurance, because of the claims he has had to make, if the City does not make some improvements in this couplet by the 1st of April. He has had three cars totaled this year. It was MOVED BY BUCHANAN, SECONDED BY BARNE.TT, TO APPROVE THE REPORT AND DIRECT STAFF TO RETURN WITH LEGISLATION FOR A $10,000 APPROPRIATION FROM THE 142 FUND FOR INSTALLATION OF PROPERTY AND PROTECTIVE BARRIERS IN THE LINCOLN /PIERCE INTERSECTION AREA AND DIRECT STAFF TO SOLVE THE PROBLEM OF THE HANDICAP ACCESS. The motion carried by unanimous voice vote. It was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, 10 HAVE A LONG TERM RE- EXAMINATION OF THE INTERSECTION DESIGN AND RETURN A RECOMMENDATION TO THE COUNCIL. The motion carried by unanimous voice vote. *15. CONSIDERATION OF RESOLUTION AUTHORIZING PARTICIPATION IN THE CONFERENCE OF GOVERNMENTS HPR STUDY FOR SR 24, BETWEEN 1 -82 AND MOXEE RESOLUTION NO. D -5722, A RESOLUTION authorizing participation in the Yakima Valley Council of Governments Highway Planning and Research Study for SR -24 between I -82 and the City of Moxee. *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AMENDMENT NO. 5 FOR THE 1990 WASTEWATER FACILITY GRANTS PROJECT RESOLUTION NO. D -5723, A RESOLUTION, authorizing the execution of Amendment No. 5 to the 'with HDR Engineers, Inc., consulting engineers, for professional engineering services. *17. PRESENTATION OF 1988 AUDIT STATE EXAMINATION The 1988 State Audit Examination report was accepted. *18. SET DATE OF PUBLIC MEETING FOR VORENKAMP RIGHT -OF -WAY VACATION FOR APRIL 10, 1990 April 10, 1990 was set as the date of public meeting on the Hearing Examiner's recommendation on the right -of -way vacation requested by R. S. Vorenkamp, for property in the vicinity of North 48th Avenue and Fechter Road. * 19. FIRST READING OF AN, ORDINANCE AMENDING THE 1990 BUDGET AND APPROPRIATING FUNDS FOR THE SOCIAL DAY CARE PROGRAM (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance appropriating funds for a Social Day Care Program for senior citizens, having'been read by'title only, was laid on the table for two weeks, until April 10, 1990. 20. OTHER BUSINESS City Manager Zais stated that Don Skone distributed an advanced copy of the West Valley School District request, which has been pending and tentatively scheduled to come to the Council on April 17th. This will give the Council a chance to study, it in advance. Executive Session Regarding Collective Bargaining And Personnel It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING COLLECTIVE BARGAINING AND PERSONNEL WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. AAD /6 452 MARCH 27, 1990 Information Items: Items of information provided to Council were: News Release regarding award of contract to Superior Paving Company for improvements to the 16th /Yakima Avenues intersection. 3/16/90; Monthly Report of the Chief of Police for February 1990; U. S. Department of Housing and Urban Development Region X Quarterly Economic Report, 4th Quarter 1989; Notice of case filed by AFSCME before the Public Employment Relations Commission. 3/19/90; Monthly Reports from Personnel regarding Vacancies and Hiring Status as of March 16, 1990; and Minutes of the November 29, 1989 Utility Rate, Advisory Board meeting. 21. ADJOURNMENT • Following the completion of the'Executive Session;•the meeting was adjourned the hour of 5:20 P.M. READ AND CERTIFIED ACCURATE BY: :% p _ /,�A. 9 COUNCIL MEMBER DATE • ;f , • • . tlaa /91 •U IL ` DATE ATTEST: CITY CLERK MAYOR Minutes prepared by Lois Harris- Givens • AAD /7