HomeMy WebLinkAbout06/23/1992 Business Meeting 338'
CITY OF YAKIMA, WASHINGTON
JUNE 23, 1992
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, Councilmembers Clarence Barnett, Henry
Beauchamp, Bill Brado, Lynn Buchanan, and Bernard Sims
present on roll call. Councilmember Lynn Buchanan absent and
excused. City Manager Zais, City Attorney Vanek, and Clerk
Harris also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Attorney John Vanek.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Councilmember Barnett asked about the extension of the Yakima
Downtown Trolley service beyond June 30, 1992, since there
has not been a second reading of the ordinance. City Manager
Zais replied that the Resolution extending the fare
automatically extends the service. A super majority of the
entire Council is required by State law for budget
appropriation ordinance amendments. Therefore, he has been
waiting until a meeting is attended by all Councilmembers to
present the amendment. Councilmember Barnett also presented
a letter from a citizen who could not attend today's meeting
concerning Item No. 14, and requested the clerk read it at
the appropriate time.
Mayor Berndt reported on the Association of Washington Cities
(AWC) conference, which she, City Manager Zais, Assistant
City Manager Rice and Administrative Assistant to the City
Manager Oliver attended. The City of Yakima received a
Municipal Achievement award for the Vision 2010 Document.
The Mayor and City Manager Zais testified before the Senate
House subcommittee regarding the Law and Justice funding.
She felt it was an excellent conference and much was
achieved.
4. CONSENT AGENDA
Mayor Berndt referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Councilmembers or citizens present.
The City Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was the consensus of
the Council to remove Items Nos. 12 & 14 from the Consent
Agenda. Item No. 17 concerning Radon Detectors was removed
from the Agenda to allow for review by staff. It was MOVED BY
SIMS, SECONDED BY SEMON, THAT THE CONSENT AGENDA, AS
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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 MAY 19, 1992 BUSINESS MEETING AND
MAY 22, 1992 ADJOURNED MEETING
The Council minutes of the May 19, 1992 Business Meeting and
May 22, 1992 Adjourned Meeting were approved, having been
duly certified accurate by two Councilmembers and no one
present wishing to have said minutes read publicly.
6. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR NACHES SCHOOL
DISTRICT WATER LID (CONTINUED FROM 6/16/92 - SEE ORDINANCE
CONFIRMING ASSESSMENT ROLL)
This being the time set for public hearing, City Engineer
Fred French was present to answer questions. Councilmembers
questioned the possibility of obtaining any water rights
through this LID. Water and Irrigation Superintendent Wick
stated the current pipeline, which can only serve 100
customers, had to be extended to service the school. The
school used seven of the 100 allotted; there were no water
rights received. Mr. Wick stated a portion of the $18,000
would be recouped through the connection and hookup fees.
Councilmember Barnett was concerned about running out of
plant capacity and the uncertainty of the water rights in the
Aquavella case. Mr. Wick stated exceeding the plant capacity
would depend on additional impacts. There being no citizen
present to speak, Mayor Berndt closed the public hearing.
Following further discussion and Ordinance No. 3464 having
been read by title, it was MOVED BY SIMS,.SECONDED BY SEMON,
TO PASS THE ORDINANCE. The motion carried by unanimous roll
call voice vote; Buchanan absent.
ORDINANCE NO. 3464, AN ORDINANCE confirming the assessment
roll covering Local Improvement District No. 1048 as created
and established by Ordinance No. 3317 of the Ordinances of
the City of Yakima.
7. PUBLIC HEARING ON NOTICE OF INTENTION TO CREATE NORTH FIRST
AVENUE PAVEMENT LOCAL IMPROVEMENT DISTRICT NO. 1049 (SEE
ORDINANCE CREATING LID)
This being the time set for public hearing, City Engineer
Fred French reviewed the project and was present to answer
questions. Councilmember Barnett asked if all the property
owners had agreed to the LID. Mr. French replied that not
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100% had agreed; 60% is required and has been received.
There being no citizen present to speak, Mayor Berndt closed
the public hearing. Ordinance No. 3465 having been read by
title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP THAT THE
ORDINANCE BE PASSED. The motion carried by unanimous roll
call vote; Buchanan absent.
ORDINANCE NO. 3465, AN ORDINANCE of the City of Yakima,
Washington ordering certain local improvements and creating
a local improvement distric; providing for the payment of the
cost of such improvements by special assessments; creating a
local improvement district fund; and providing for the
issuance and sale of local improvement district bonds and
interim financing warrants or notes.
8. PUBLIC MEETING ON MASTER APPLICATION FOR PROPERTY IN VICINITY
OF ENGLEWOOD AND NO. 40TH AVENUE, AS REQUESTED BY DR. TAYLOR
This being the time set for public meeting, City Planner
Davenport reviewed the application and was present to answer
questions. She stated building plans are not being approved
at this time. The request is for a combination of B -1 and
R -1 zoning. Councilmember Barnett questioned the outcome of
the spot zoning issue. Ms. Davenport stated this was the
most difficult issue to deal with. There was no opposition
at the public hearing. Since public preference is given
considerable weight, this was a factor in the Hearing
Examiner's approval of the office type zoning.
Dr. Mike Taylor, owner of the property, presented his
application for rezone and subdivision located in the
southwest corner of North 40th Avenue and Englewood. The
existing bed and breakfast, which is a six room inn, will
remain. In addition, medical buildings and offices will be
built. There will be professional landscaping. He believes
there no longer is a desire to build single family homes in
the area because of the traffic. There is a shortage of
skilled medical personnel and office space in this area.
Jess Chisum, 3909 Richey Road, a resident since 1945, stated
he has no opposition to this development. However, he wants
to be certain no work will be done close to his house.
Dr. Doug Corkrum, a family physician and potential tenant,
discussed the medical primary care shortage and is in favor
of this development in this Westside area.
Gary Lukehart, an Englewood and 40th Avenue area property
owner, spoke in favor of the project. He spoke of the
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retirement homes in the area and feels the medical facilities
will be an asset.
There was no opposition voiced by any citizen. Mayor Berndt
closed the public meeting and asked about any outside
contact; none was stated. Ordinance No. 3466 having been
read by title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP,
TO PASS THE ORDINANCE. The motion carried by unanimous roll
call vote; Buchanan absent.
ORDINANCE NO. 3466, AN ORDINANCE rezoning a portion of
approximately 9.7 acres of land on the southwest corner of
North 40th and Englewood Avenues in the City of Yakima,
Washington from Single- Family Residential (R -1) to
Professional Business (B -1) and approving the preliminary
plat for said property, and amending the zoning map of the
City of Yakima.
9. AUDIENCE PARTICIPATION
•
A. AWARD PRESENTATION FROM NATIONAL HIGHWAY TRAFFIC
ADMINISTRATION FOR PUBLIC WORKS EMPLOYEES FOR SAFETY BELT
USE (PRESENTED BY DAVID SCHNEIDER, COG)
A plaque was presented to Jerry Copeland, Director of
Public Works, for over 70% of employees being observed
by Dave Schneider,'Conference of Governments (COG), using
their seatbelts. These employees were observed over a 30
day period, and were the target group because of easy
accessibility. Sergeant Tom Verran of the Yakima Police
Department discussed the "Wear It" logo and the City
participation in this program. Ten local drive -in
restaurants in town are participating in cards being
given to children and then being rewarded with children's
meals for wearing seatbelts. Mike Baldwin, a
representative of the Regional Administration for
National Highway Safety was present to discuss safety
regulations. He discussed the incentive grant set up by
the U.S. Congress to provide money to local jurisdictions
and Yakima was one of the first in the State to receive
a grant. There was a reduction in traffic fatalities in
1991, due to the use of seatbelts.
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10. CONSIDERATION OF RESOLUTIONS REGARDING HAZARDOUS VEGETATION
AND DEBRIS ABATEMENT PROGRAM
Code Administration Manager Shampine reported three lots were
cleared this week: Gary Lukehart's, Patrick Marshall's and
Fred and Patricia Dill's. These were removed from the list.
There being no citizen present wishing to speak to the issue,
and Resolution No. D -6142 having been read by title, it was
MOVED BY 8IM8, SECONDED BY SEMON, TO ADOPT THE RESOLUTION.
The motion carried by unanimous roll call vote; Buchanan
absent.
RESOLUTION NO. D -6142, A RESOLUTION authorizing the Code
Administration Manager to clear certain weedy lots.
11. MOTION TO REMOVE FROM TABLE THE REPORT FROM DEPARTMENT OF
ENGINEERING AND UTILITIES REGARDING CITY POLICY CHANGE FOR
FUNDING OF WATERMAIN EXTENSIONS (TANDEM CONSTRUCTION - TABLED
AT 6/9/92 MEETING)
It was MOVED BY BRADO, SECONDED BY SIM8 TO REMOVE THE REPORT
FROM THE TABLE. The motion carried by unanimous voice vote;
Buchanan absent. Water and Irrigation Superintendent Wick
reported the contractor, Dan Ellingworth, withdrew his
request for City participation for partial refund of a sewer
connection. Councilmember Brado requested clarification of
this.
Dan Ellingworth responded that he felt the most expedient
process would be to pursue another direction. He has
received 82% of the neighbors signatures to proceed with an
LID City participation for his development.
12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A WATER
REIMBURSABLE AGREEMENT WITH NACHES VALLEY PUBLIC SCHOOL
DISTRICT
Councilmember Barnett stated he had asked for this to be
removed from the Consent Agenda because of questions
concerning Item No. 6. His questions having been answered,
he was satisfied.
Resolution No. D -6143 having been read by title, it was MOVED
BY SIMS, SECONDED BY BARNETT, TO ADOPT THE RESOLUTION. The
motion carried by unanimous voice vote; Buchanan absent.
RESOLUTION NO. D -6143, A RESOLUTION authorizng the City
Manager and City Clerk of the City of Yakima to execute an
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agreement with Naches Valley Public School District for the
partial reimbursement of construction cost for a water main
extension.
*13. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING ON
THE SIX YEAR TRANSPORTATION IMPROVEMENT PLAN FOR JULY 21,
1992
RESOLUTION NO. D -6144, A RESOLUTION fixing the time and place
for hearing on a Six Year Transportation Improvement Program
for the period of 1993 through 1998.
The hearing was set for July 21, 1992.
14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PERSONAL
SERVICE CONTRACT WITH FREDERICK C. STOUDER FOR YAKIMA
INDUSTRIAL PARK PROJECT
Councilmember Barnett was given a letter by John Nicholson,
former judge, and asked to read it during this item, since he
was unable to be present. The clerk read the letter, which
was in opposition to Fred Stouder, former Assistant City
Manager, being retained by the City at $75 per hour for the
industrial park project.. Councilmember Semon objected to
this letter being read to'theCouncil and does not wish this
to set a precedent. His opinion was that "about 90% of that
letter was inappropriate, and had absolutely nothing to do
with the item before us". Mayor Berndt stated this was a
matter of a total of $6,000 being spent that will possibly
bring an industrial park to Yakima with the possibility of
many jobs for the area. She believes Mr. Stouder is the
person best informed and best able to do this project. City
Manager Zais commented that former Assistant City Manager
Stouder had donated many hours after his resignation toward
this project. He stated if this project is not finalized
soon, that $1.7 Million will have to be returned to the
Federal and State government and will not be put to use in
our area. It was the consensus of the staff and Council that
Mr. Stouder, with the allotted time allowed, is the best
person qualified to do this project. Assistant City Manager
Rice and the Mayor also emphasized that with the time
Mr. Rice is functioning as the new Assistant City Manager and
still doing his former position as Community and Economic
Development Director, this will more than make up for the
$6,000 that is being paid to Mr. Stouder. It was
Councilmember Brado's contention that this project is not
needed and is in competition with private enterprise.
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Councilmember Barnett feels this project should be handled
and paid for by the Yakima County Development Association
(YCDA), since they are being paid $25,000 annually.
Following further discussion and Resolution No. D -6145 having
been read by title, it was MOVED BY SEMON, SECONDED BY
BEAUCHAMP, TOE -ADOPT THE RESOLUTION. The motion carried by 4-
2 roll call vote; Barnett and Brado voting nay; Buchanan
absent.
RESOLUTION NO. D -6145, A RESOLUTION authorizing the execution
of a contract with Fred Stouder for consultant services.
*15. APPROVAL OF FINAL CONTRACT PAYMENT FOR THE RAINIER PLACE
RECONSTRUCTION PROJECT (STANDARD MOTIONS V -B, ACCEPT
CONTRACT AND APPROVE FINAL PAYMENT)
The report from the City Engineer dated January 27, 1992,
with respect to the completion of the work on the Rainier
Place Reconstruction project, performed by Superior Paving
Company, was approved, the work accepted and payment of the
final estimate as therein set forth was authorized.
16. CONSIDERATION OF LEGISLATION RELATING TO FIREWORKS:
A. ORDINANCE DECLARING AN EMERGENCY AND RESTRICTING THE SALE
AND DISCHARGE OF FIREWORKS
Councilmember Barnett inquired if an unanimous vote of all
seven councilmembers was required or unanimous vote of those
present. City Attorney stated it was of members present.
Mr. Barnett also questioned the wording of the ordinance
concerning requested and required, it was explained to him by
City Attorney Vanek. Ordinance No. 3467 having been read by
title, it was MOVED BY SEMON, SECONDED BY BEAUCHAMP, TO PASS
THE ORDINANCE. The motion carried by unanimous voice vote;
Buchanan absent.
ORDINANCE NO. 3467, AN ORDINANCE relating to fire; limiting
the sale of fireworks for 1992 to June 30th through July 4th;
declaring an emergency; and amending Subsection 10.15.060A of
the City of Yakima Municipal Code.
B. APPROVAL OF PERMIT FOR PUBLIC DISPLAY OF FIREWORKS AT
YAKIMA SPEEDWAY
It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO APPROVE THE
PERMIT FOR PUBLIC DISPLAY OF FIREWORKS. The motion carried
by unanimous voice vote; Buchanan absent.
C. RESOLUTION AUTHORIZING PERMITS FOR RETAIL SALE OF
FIREWORKS AT FIREWORKS STANDS
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Resolution No. D -6146 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.
RESOLUTION NO. D -6146, A RESOLUTION granting permits for the
retail sale of fireworks within the City of Yakima for 1992.
17. CONSIDERATION OF ORDINANCE AMENDING BUILDING PERMIT FEES TO
INCLUDE COST OF RADON DETECTORS WHERE REQUIRED AND DECLARING
AN EMERGENCY TO COMPLY WITH STATE LAW
This item was removed from the agenda to allow further review
by the City Manager.
*18. SECOND READING OF AN ORDINANCE AMENDING THE 1992 BUDGET AND
APPROPRIATING FUNDS FOR FIREFIGHTER LABOR NEGOTIATIONS
SETTLEMENT
An Ordinance amending the 1992 Budget and appropriating funds
for Firefighter Labor Negotiations Settlement, having been
read by title only at the previous meeting, was brought
before the Council for a second reading.
ORDINANCE NO. 3468, AN ORDINANCE amending the 1992 budget for
the City of Yakima; making appropriations for Fire -IAFF
settlement costs from Unappropriated Fund Balances within
various Funds for expenditure during 1992.
19. OTHER BUSINESS
Councilmember Barnett asked for attention to the bleachers at
Dunbar Field.
20. EXECUTIVE SESSION REGARDING PROPERTY ACQUISITION AND PENDING_
LITIGATION
It was MOVED BY SEMON, SECONDED BY SIMS, TO ADJOURN TO
EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROPERTY
ACQUISITION AND PENDING LITIGATION WITH IMMEDIATE ADJOURNMENT
THEREAFTER. The motion carried by unanimous voice vote;
Buchanan absent.
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