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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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