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Home My WebLink About12/29/1975 Business Meeting 59 DECEMBER 29 1975 The City Council met in regular session at 3:00 P.M. on this date in the Council Chambers at Yakima City Hall. Councilmen present at the meeting were Acting Mayor Wray Brown, Betty L. Edmondson, W. K. "Pete" Moore, Don Schuss- ler, and Dr. Bill Simmons. Mayor Broad absent and excused. The Invocation was given by Wray Brown. The minutes of the previous regular meeting of December 22, 1975, having been duly certified accurate by two Councilmen and no one present wishing to have said minutes read pub- licly, the minutes were approved as recorded. 11/ In accordance with an earlier presentation by Mr. Larry Klaveno, Department of Ecology, it was MOVED by Schussler, seconded by Edmondson that Resolution No. D-3444, authorizing the execution of an agreement with the Department of Ecology for a litter control grant, be passed: carried, Brown, Edmondson, Moore, Schussler, and Simmons voting aye on roll call. Broad absent. RESOLUTION No. D-3444, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the State of Washington, Department of Ecology. City Manager McMicken referred to the proposed Wastewater Treatment Facility Agreement, between the City of Yakima, Yakima County, Town of Union Gap, and Terrace Heights Sewer District. It was MOVED by Schussler, seconded by Edmondson that the proposed agreement be amended, as follows: Paragraphs 1 and 2 under No. 8 (a) be deleted on page No. 4. Paragraph 8 (a) read as follows: "Except for that area served by the Terrace Heights Sewer District or the Town of Union Gap, now or in the future, property owners within the Yakima Urban Area who seek sewer service, through the formation of LID's or otherwise be subject to the condition that any property owner whose land is located within the urban boundary, (as designated on Exhibit "A") shall, as a condition precedent to the receipt of sewer service, be required to sign an agreement, as a covenant running with the land, to the effect that a petition to annex to the City of Yakima will be signed if and when the land owner is asked by the City to do so." carried, Edmondson, Moore, Schussler and Simmons voting aye by voice vote; Brown voting nay by voice vote. Broad ab- sent. Councilman Schussler explained that land use policies are to be found in the current agreement which has been under discussion for some time by the Joint Urban Area planning Board, after receipt of the study by R. W. Beck and Associates. County Commissioner Lenore Lambert voiced op- position on behalf of the Board of County Commissioners to the proposed amendment. Mr. Dick Smith, Attorney representing the Terrace Heights Sewer District, referred to negotiations held with representatives of the other governmental agencies involved and felt the proposed agreement now contains recommendations for radical changes which still need to be negotiated. He asked that the Council refer this matter for further study and renegotiation before final action is taken. Mr. Art Zerbach, City Supervisor for the Town of Union Gap, indicated that the Union Gap City Council had not yet considered the amended agreement. He indicated he recognizes the need for land use planning, but felt the goals and policies included may have irreversible effects on the Town of Union Gap. He asked that the Council not take final action today. County Commissioner Lenore Lambert again indicated agreement with the original document received October 6, but indicated the DECEMBER 29, 1975 County is not in agreement with the current proposal. She explained the Commissioners are opposed to including provisions for land use planning and annexation, in one large document dealing with wastewater treatment. She indicated that a recent survey of County residents indicates many residents do not wish to annex. She indicated that to force annexation at this time would be wrong. She indicated the County's approval of the efforts of the Urban Planning Board and Urban Area Study, but felt the agreement should not deal with more than wastewater treatment facility at this time. She asked that the Council please support the original agreement earlier proposed. Councilman Schussler explained that much of the language in the agreement was taken from the Yakima Urban Area Study and indicated that the original document provided for the City of Yakima to handle the waste water from the surrounding areas. He felt there exists a need to state in what way and by what methods the areas will be sewered, citing the need for regional sewerage in the Yakima Urban area through a long- range policy. County Commissioner Lenore Lambert indicated that the concepts and goals may be approved by the County, but the methods outlined to achieve those goals cannot be approved at this time. She felt that further study and discussion needs to be held regarding the matter of land use planning. Councilman Edmondson was in agreement with Councilman Schussler, feeling the document was for the protection of all persons involved. Councilman Simmons felt that since the document addresses itself to the urbanized area containing a high population density, it is appropriate to include land use planning. Councilman Moore reiterated that the City has asked for annexation for some time and felt 1 this document was setting up a policy _- beneficial for all people in the area. Councilman Brown felt a need exists for land use control in the fringe area, but did not feel that the outside sewer agreement was necessary to improvements in the fringe area. After due discussion, it was MOVED by Schussler, seconded by Simmons that Resolution No. D-3445, authorizing the execution of the Wastewater Treatment Facility Agreement, be passed: carried, Edmondson, Moore, Schussler ), and Simmons voting aye on roll call; Brown voting nay on ) roll call; Broad absent. RESOLUTION NO. D-3445, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a wastewater treatment facility agreement. An Ordinance authorizing a temporary loan of $41,000 from the Water-Sewer Fund to the Capitol Theatre Fund and appro- priating $41,000 within the Capitol Theatre Fund to pay for demolition and architectural services, having been read by title only at the previous meeting and being again read by /i title only at this meeting, it was MOVED by Edmondson, ; seconded by Schussler that Ordinance No. 1882, authorizing said loan, be passed: Brown, Edmondson, Moore, Schussler i; and Simmons voting aye on roll call. Broad absent. ( ' ORDINANCE NO. 1882, AN ORDINANCE authorizing a temporary loan of ' $41,000 from 473-Water-Sewer Fund to 322 Capitol Theatre Fund and providing for repayment; appropriating the amount of $41,000 from unappropriated money in 322-Capitol Theatre Fund to Account : 322.574.50.62 as a 1975 appropriation for 322 Capitol Theatre Fund. It was MOVED by Moore, seconded by Schussler that Ordinance f No. 1883, fixing the time of delinquency and providing for the issuance of Local Improvement District Installment Notes ; for the payment of the unpaid portion of LID No. 998, Voelker i I Addition No. 1 Sanitary Sewer Improvement, be passed: carried, Brown, Edmondson, Moore, Schussler and Simmons voting aye on roll call. Broad absent. DECEMBER__29, 19,75 ORDINANCE NO. 1883, AN ORDINANCE fixing the time of delin- quency of installments of assessments levied for the payment of the cost of the improvement in Local Improvement District No. 998, and providing for the issuance of Local Improvement Installment Notes for the payment of the unpaid portion thereof. A Damage Claim having been filed with the City Clerk on December 24, 1975, by Terry Reinmuth, 807 South 24th Avenue, in the amount of $107.97, for damages from a City sewer backup, and on December 26, 1975, by Louis Smith, 715 Tennant, in the amount of $2,500, for injuries from a fall on the II/ sidewalk, it was MOVED by Schussler, seconded by Moore that said damage claims be referred to the City Manager and Staff for study and recommendation: carried, Brown, Edmondson, Moore, Schussler and Simmons voting aye by voice vote, Broad absent. Acting Mayor Wray Brown read the following letter of resignation from Councilman Dick Jarms dated'December 16, 1975: The Honorable Bert Broad, Mayor of Yakima, Yakima, Washington Dear Mayor Broad: Please accept this letter and notification of my resignation from the Yakima City Council, effective December 23, 1975. The past year has been an exciting experience for me and I truly enjoyed the many hours spent with you, the other Council members and the City Manager. I, for one, have a greater appreciation for the complexities of the operation of our City government and wish to express my highest personal regards to you and each of the Council members for the unselfish giving of yourselves in your endeavor to serve the people of this community. Respectfully, Dick Jarms - There being no further business to come before the Council, it was MOVED by Moore, seconded by Schussler that we do now adjourn at the hour of 3:50 P.M.: carried, Brown, Edmond- son, Moore, Schussler and Simmons voting aye by voice vote. Broad absent. 11/ READ AND CERTIFIED ACCURATE BY 1. 1/4 S mr.At 5 -- COUNCILMAN DATE / .s 2- ' COUNCIL*N ATTEST: \ , CITY ; LERK ■ MAYOR