Loading...
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 339 JUNE 23, 1992 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 2 340 JUNE 23, 1992 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 3 tt • 341 Yk't JUNE;, 23, 1992...:.. 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. 4 342 JUNE 23, 1992 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 5 r,.- 343 JUNE ...23, 1992 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. 6 344 JUNE 23, 1992 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 7 345 JUNE 23; 1992 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. 8