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HomeMy WebLinkAbout10/13/1992 Business Meeting 475 CITY OF YAKIMA, WASHINGTON OCTOBER 13, 1992 BUSINESS MEETING I/ 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 Beauchamp, Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was given by Council Member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Staff was asked by Council to research locations in the downtown area where bicycles can be secured. 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. It was the general consensus of the Council to remove Item No. 15 and discuss it after Audience Participation. 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 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. PUBLIC HEARING ON A UTILITY EASEMENT VACATION IN THE VICINITY OF "I ", BETWEEN 4TH AND 5TH AVENUES, REQUESTED BY ROBERT DOLSEN Bruce Benson, Associate Planner, explained the request by Robert Dolsen to release a utility easement in the vicinity of "I ", between 4th and 5th Avenues. Mayor Berndt opened the public hearing. There being no citizen wishing to speak to this issue, the public hearing was closed. Resolution No. D6193 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE RESOLUTION BE ADOPTED. The motion carried by a unanimous roll call vote. RESOLUTION NO. D -6193, A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute a Quit Claim Deed to release an easement across property owned by Robert Dolsen. 6. PUBLIC HEARING ON A UTILITY EASEMENT VACATION IN THE VICINITY OF 24TH AVENUE AND NOB HILL BLVD. REQUESTED BY U.S. BANCORP Bruce Benson, Associate Planner, explained this request is from U.S. Bank to vacate a utility easement and relocate it elsewhere on their property on Nob Hill Boulevard, between 23rd and 24th Avenues. The resolution would authorize a deed releasing the easements that would be underlying the building once it is constructed. Staff would first make sure that • the new sewer line is approved by staff and we have the deed from U.S. Bank for the new utility easement has been received. 476 Rosemary Small, 1006 South 25th Avenue, expressed her concerns about the increased traffic this business would generate in the residential blocks north of the bank. U.S. Bank intends to exit traffic onto 24th Avenue. Mayor Berndt stated that Council has not seen plans for the bank, since that is not the purpose for this public hearing. Don Skone, Planning Manager, stated the property is zoned appropriately. The project was reviewed through SEPA and it fell below the threshold. Staff encouraged U.S. Bank to take the neighborhood concerns into consideration, specifically those concerning 24th Avenue and site screening. Brenda Marler, 710 South 24th Avenue, spoke of her concerns about traffic, including speeding and semi - trucks using 24th Avenue. She commented on how the Bank did not respond to the residents' questions on how much traffic would be generated. Mayor Berndt asked if another stop sign on 24th Avenue would help the situation. Ms. Marler stated it might reduce the speeding in that neighborhood. Mayor Berndt also asked if something could be done to prohibit truck traffic on that street. Phillip Small, 1006 South 25th Avenue, reported that the "C" barrier that was supposed to be in place on 24th Avenue was illegally removed and should replaced. City Manager Zais suggested continuing this hearing for two weeks to allow staff to review possible solutions to the traffic problems in area and to meet with the bank for traffic circulation on the bank property. It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO TABLE THIS FOR TWO WEEKS. The motion carried by unanimous voice vote. 7. PUBLIC HEARING ON VOELKER AVENUE /KING STREET ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY) Bruce Benson, Associate Planner, stated this is an area between Washington Avenue and Mead. Property owners with approximately 76% of the area's assessed valuation have signed an annexation petition. Council Member Brado expressed concern about the cost to service that area. Rex Dietz, 1618 Voelker, questioned what benefits he would receive by annexing to the City. He stated he is happy living in the County. Leroy Cheek, 1518 Rock Avenue, stated the street he lives on is half in and half out of the City. He stated he wants to be annexed and become involved with the City. Mayor Berndt suggested he obtain a Boards and Commission application form from the City Clerk's Office. There being no other citizen wishing to speak to this issue, the public hearing was closed. Following discussion regarding City services, and Ordinance No. 3493 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT THE ORDINANCE BE PASSED. The motion carried by unanimous roll call vote. ORDINANCE NO. 3493, AN ORDINANCE annexing property to the City of Yakima and zoning said property. (Voelker Avenue /King Street Annexation) 8. AUDIENCE PARTICIPATION None. 15. REPORT FROM THE CITY WELLNESS COMMITTEE It was the general consensus of the Council to discuss Item No. 15 out of sequence of the agenda. Marsha Devine, Co -Chair of the City's Wellness Committee, explained the Committee's proposal to furnish a child restraint seat upon the birth of a child to a City employee. This Ill would promote safety for the child and decrease the City's medical costs. It is expected that approximately $1,000 would be spent the first year of this program. Council members discussed the fact that child restraint devices are required by state law and their belief that City employees could well afford to purchase a car seat. The concept is good, however, it should not be funded by the City, but perhaps the employees' unions. It was MOVED BY BRADO, SECONDED BY SEMON, TO NOT APPROVE THIS REQUEST. l • 477 • OCTOBER 13, 1992,, • The motion carried by 4 -3 roll call vote; Beauchamp, Buchanan and Sims voting nay. 9. CONSIDERATION OF LEGISLATION REGARDING YAKIMA RAILROAD WATER CONTAMINATION AREA: • Ty Wick, Water Manager, explained this is a grant for $4.5 million for a water system for the railroad contamination area. Council Member Barnett queried why DOE would be willing to spend $4.5 million when • hookup to the water system is voluntary. Mayor Berndt commented that the bottled water program will be discontinued once the water system is in place, which should encourage hook -ups. The other concern is if it were mandatory to connect to the system, who would pay for the legal costs if they don't hook up. Mr. Wick stated that this is an interim measure by DOE; they may still require clean -up of that area. A. RESOLUTION AUTHORIZING EXECUTION OF REMEDIAL ACTION GRANT AGREEMENT WITH THE WASHINGTON DEPARTMENT OF ECOLOGY. Resolution No. D -6194 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SEMON, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous voice vote. RESOLUTION NO. D -6194, A RESOLUTION authorizing execution of the Yakima Water System Remedial Action Agreement with the Washington Department of Ecology. B. FIRST READING OF ORDINANCE AMENDING 1992 BUDGET IN THE SUM OF $4.5 MILLION FOR THE DOMESTIC WATER IMPROVEMENT PROJECT IN THIS AREA. (NO ACTION REQUIRED THIS MEETING) An Ordinance amending the•1992 budget and appropriating funds for the Yakima Railroad Water Contamination Area -DOE Grant Project, having been read by title only, was laid on the table for one week, until October 20, 1992. 10. CONSIDERATION OF RESOLUTION REPEALING THREE PROPOSED WEST VALLEY • ANNEXATIONS CONTAINING 1,005 ACRES AND INITIATING ONE ANNEXATION INCORPORATING 400 ACRES. Bruce Benson, Associate Planner, stated the City is proposing to repeal three West Valley annexation initiatives - Midvale, Chestnut, and Lincoln, and replace them with a smaller annexation area. The new annexation, which will be called Wide Hollow Annexation, contains about • 455 acres and has an assessed valuation of $47,485,270. Over 82% of this area is served by City sewer at a $2 million City investment. Council is being asked to act on two separate resolutions; one repealing the • three annexation initiatives and one commencing the annexation of Wide I/ Hollow. City Manager Zais circulated a letter from the County Commissioners, which was read into the record. The letter requests that any action be delayed until after the West Valley City incorporation issue has been settled. Mr. Benson stated that 75% assessed valuation of the area have signed Outside Utility Agreement petitions. Council • Member Brado questioned why the City should force these residents into the City and questioned if the City could provide services without adding • additional staff. Council Member Buchanan stated that the Council members are elected to represent City residents and these residents have subsidized improvements in the County. Council Member Beauchamp commented that fifteen years ago when he became a Council member, Council 3 478 OCTOBER 13, 1992 was meeting with the County Commissioners and a decision was made about the urban area boundary. A decision was made by the previous Council to extend utilities into the West Valley area, with the intent that some day that area would be part of the City. Council Member Barnett stated he understands this action would make the West Valley residents withdraw their annexation petition in order to re -write the different boundary. This annexation method is a change from past practice. Council Member Brado stated the City would lose $60,000 in sewer revenue. Jim Tree, 5907 Englewood Avenue, attorney, stated he is on a commitee for West Valley Citizens to Incorporate to present what it will cost and what are the benefits. He stated he doesn't represent the Committee or West Valley people. He stated the Outside Utility Agreement (OUA) has been a long standing policy of the City. There is a drastic change in the policy proposed today. It does not allow people to sign a petition for annexation. State law says when you do an annexation you have to make it clear to the people you want to annex if you are going to ask them to take on the existing indebtedness of the City. The City's OUA requires them to sign a petition, not that it would be the same as a petition for annexation. City Manager Zais commented that the annexation area is being downsized,seeking to protect the City's investment in this area. We also want to engage in a dialogue about this issue, making sure everybody understands the costs involved. Mrs. Gene Hull, 8806 Occidental, Mrs. Tam Edmondston, 211 South 69th Avenue, Mr. John Kerney, 608 Pickens Road, and Mr. Larry Evans, 6612 Tieton Drive, spoke against annexation by the City. Council members were invited to attend the next West Valley incorporation meeting. Jerry Foy, 6 North 41st Avenue, suggested that more communication is needed between the citizens of West Valley and the City Council members. City Attorney Vanek requested that the dates in the first resolution be changed to May 7 and 14, 1991. Resolution No. D -6195 having been read by title, it was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, THAT THE RESOLUTION, AS AMENDED, BE ADOPTED. The motion carried by unanimous voice vote. RESOLUTION NO. D -6195, A RESOLUTION repealing the Midvale Road /South 72nd Avenue annexation initiation, the Lincoln Avenue /North 74th Avenue annexation initiation, and the West Chestnut /South 72nd Avenue annexation initiation. Resolution No. D -6196, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SEMON, THAT THE RESOLUTION BE ADOPTED. The motion carried by 4 -3 roll call vote; Barnett, Berndt and Brado voting nay. Mayor Berndt stated she believes all that area is better served by not being incorporated as West Valley and the people who signed Outside Utility Agreements have signed a viable contract which would be a breach of faith if they don't honor them. She stated she disagrees with the method used to initiate this annexation. Council Member Beauchamp commented that his vote to hold a hearing is not necessarily saying he decided to proceed with the West Valley annexation, but to continue the dialogue on this issue. Council Member Brado stated he appreciates the people asking to meet with Council. RESOLUTION NO. D -6196, A RESOLUTION setting the date of October 20, 1992, at 2:00 p.m. for a public meeting to consider acceptance of the proposed Wide Hollow Annexation. 4 479 • ' OCTOBER 13, There was discussion concerning the location of the hearing,'due to the seating limitations in the Council Chambers. City Manager Zais stated staff will try to schedule this hearing in a different facility. 11. PRESENTATION OF 1993 PRELIMINARY BUDGET FORECAST (AVAILABLE TUESDAY.) Council discussed postponing discussion of this item due to the lateness of the hour. It was the general consensus to postpone this item for two weeks. *12. SET DATE OF PUBLIC MEETING FOR OCTOBER 27, 1992, FOR LARRY LOVELESS /BARNADDY ADDITION, SUB /FINAL LONG PLAT IN VICINITY CF VBIA BETWEEN SOUTH 22ND AND S. 24TH AVENUES. October 27, 1992 was set as the date of public meeting on the Barnaddy Addition No. 1 final plat, in the vicinity of Viola, between South 22nd and South 24th Avenues, as requested by Larry Loveless. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH YAKIMA COUNTY FOR DOMESTIC VIOLENCE AND IN- CUSTODY ARRAIGNMENTS. • RESOLUTION NO. D -6197, A RESOLUTION authorizing the City Attorney to execute an agreement with the Yakima County Prosecutor for prosecution services for the calendar year 1993. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SEWER MAIN REIMBURSABLE AGREEMENTS FOR: A. MONTE SCACCO • RESOLUTION NO. D -6198, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Monte Scacco for the partial reimbursement' of construction cost for a sewer main extension. B. CASCADE INVESTMENTS RESOLUTION NO. D -6199, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Cascade Investments for the partial reimbursement of construction cost for a sewer main extension. *16. APPROVAL OF RIGHT -OF -WAY USE PERMITS FOR: A. TERRY ABEYTA, BETWEEN 11TH AVENUE AND 12TH AVENUE The Right -of -Way Use Permit to move a sign from one existing right -of -way location to another location and enlarge an existing sign in its same location, as requested by Terry P. Abeyta, was approved. I/ B. A & P INVESTMENTS, BETWEEN YAKIMA AVENUE AND CHESTNUT AVENUE The Right -of -Way Use Permit to display a sign at 7 South 10th Avenue, between Yakima Avenue and Chestnut Avenue, as requested by A & P Investments, was approved. • 5 480 OCTOBER 13, 1992 C. YAKIMA SCHOOL DISTRICT NO. 7, AT DAVIS HIGH ATHLETIC FIELD The Right -of Way Use Permit to install four field light poles between the sidewalks on 5th Avenue and Tieton Drive, Davis High baseball field, as requested by Yakima School District No. 7, was approved. *17. SECOND READING OF ORDINANCES AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR: A. RENTAL REHABILITATION AND HOPE 3 PROGRAMS An Ordinance amending the 1992 budget and appropriating funds for the Hope 3 Programs, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3494, AN ORDINANCE amending the 1992 budget for the City of Yakima; and making an appropriation of $824,000 in the Community Development Fund for expenditure during 1992 for additional 1992 grant awards from the State Department of Community Development for a rental rehabilitation program and the Federal Department of Housing and Urban Development for the Hope 3 program. B. PARKS AND RECREATION SENIOR TOURS An Ordinance amending the 1992 budget and appropriating funds for the Parks and Recreation Senior Tours and youth programs, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3495, AN ORDINANCE amending the 1992 budget for the City of Yakima; and making an appropriation of $63,273 in the Parks & Recreation Fund for expenditure during 1992 for Senior Tour and Youth Programs. C. TITLE CONFIRMATION SERVICES An Ordinance amending the 1992 budget and appropriating funds for confirmation of City property rights of the Yakima Interurban Lines, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3496, AN ORDINANCE amending the 1992 budget for the City of Yakima; and making an appropriation of $15,000 in the Trolley (Yakima Interurban Lines) Fund for expenditure during 1992 for confirming the City's property rights. D. PAYMENT OF WATER SHARE ASSESSMENTS AND OTHER IRRIGATION MAINTENANCE EXPENSES An Ordinance amending the 1992 budget and appropriating funds for the payment of water share assessments, repair and maintenance expenses, operating supply and electrical power, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3497, AN ORDINANCE amending the 1992 budget for the City of Yakima; making an appropriation of $40,100 in the 146 - Irrigation Fund for expenditure during 1992 for payment of water share assessments, 6 - r 4 8 1 OCTOBER 13, 1992 ,., repair and maintenance by contractors, operating supplies and electrical power. IP 18. OTHER BUSINESS Information Items: Items of information supplied to Council were: Letter, Washington State Department of Transportation regarding meeting at Yakima County Courthouse on 10/15/92. 10/05/92; Memorandum from John Elsden regarding Commute Trip Reduction workshop on October 13, 1992. 10/08/92; Memorandum from Jerry Copeland and David Flaherty regarding proposed .. change to the Lions Park Sign. 09/30/92; Memorandum from Don Skone regarding Draft Goals, Objectives and Policies for Metro Plan Housing Element. 10/08/92; Letter from Jerry Copeland regarding informal meeting about expansion and improvement plans for the Public Works Shops Complex. 09/28/92; Memorandum from Human Resources Division regarding Developing Total Safety Behavior and Attitude Seminar. 10/05/92; Report regarding Daily and Monthly Trolley Ridership for September and October 1992; Report regarding City of Yakima Assignments Pending Office of Environmental Planning. 10/06/92; Minutes from Visioning Yakima 2010 meeting of September 2, 1992; Minutes from City of Yakima Parks and Recreation Commission meeting on September 14, 1992; and Monthly Report from Legal Department, August 1992. 19. EXECUTIVE SESSION REGARDING DISPOSITION AND ACQUISITION OF PROPERTY It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE. OF DISCUSSING DISPOSITION AND ACQUISITION OF PROPERTY, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. 20. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 5:37 p.m. O '111111, READ AND CERTIFIED ACCURATE BY: ` ( op i i i1 A l A idA p 1 2--a 3-q3 "`•� C" DATE O• IL MEMBER DATE ATTEST: X otit-a.,--- _AS /---41--d-eA-,& ca■t \Z-4-1 I/ CITY CLERK MAYOR 7