HomeMy WebLinkAbout03/16/1993 Study Session / Business Meeting 179
CITY OF YAKIMA, WASHINGTON
MARCH 16, 1993
BUSINESS MEETING /STUDY SESSION
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
A poem entitled "The Crow" was read by Council Member Brado.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Ester Huey introduced Leaders Investing For Tomorrow (LIFT)
Students Joey Wilson and Monique Pleasant, both 10th graders
at Davis High School. Mayor Berndt welcomed them and invited
their participation.
Council members said good -bye to Rick Ybarra, Department
Assistant III in the City Manager's Office. They wished him
the best in his new position with the City of Burien.
Mayor Berndt reported the City Manager received a high
performance rating on his annual evaluation.
Council Member Barnett commended Chris Waarvick and Bruce
Bates on the letter they wrote relating to the duplication of
efforts for DOE quality assurance inspections. He commented
that perhaps Council should take an active effort in trying
to eliminate duplicate inspections from the same agency.
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 to add Item No. 9 and to remove
Items Nos. 11 and 20 from the Consent Agenda. The City Clerk
then read the Consent Agenda items, including resolutions and
ordinances by title. It was MOVED BY BUCHANAN,SECONDED
BY SIMS, THAT THE CONSENT AGENDA, AS AMENDED, BE
ADOPTED. The motion carried by unanimous roll call vote.
(Subsequent paragraphs preceded by as asterisk ( *) indicate
items on the Consent Agenda handled under one motion without
further discussion.)
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*5. APPROVAL OF MINUTES OF THE DECEMBER 10, 1991 ADJOURNED
MEETING AND JANUARY 26, 1993 BUSINESS MEETING
The minutes of the December 10, 1991 Adjourned meeting and
January 26, 1993 Business meeting, were approved; having been
duly certified accurate by two Council Members and no one
present wishing to have said minutes read publicly.
6. PUBLIC MEETING ON 1992 GRANTEE PERFORMANCE REPORT
This being the time set for Public Meeting, Dixie Kracht,
Block Grant Manager, presented the report which shows
successful performance during the year and includes a summary
of program expenditures for the last program year funded.
Ms. Kracht presented the statistics and explained the various
programs administered by their office to include more than
8,000 people requesting assistance relating to housing. She
explained this report has been seen by the Community
Development Advisory Committee and they will submit their
comments in writing to be included in the report. In order
to answer a question from Council Member Beauchamp,
Ms. Kracht commented on the very low level of service to
blacks through this project. Recognizing the problem, she
explained that they have actively worked in outreach with
some of the local neighborhood churches and the leaders of
the community in order to inform those people that the
programs are available. Council Member Beauchamp inquired
about the general approach of informing the residents, who
live in substandard housing, how to access this particular
program. Ms. Kracht indicated there is an evolution in the
Rental Rehab Program towards more minority owned investment
properties. Council Member Beauchamp requested a meeting
with staff to discuss some specifics to see if this can be
improved. Mayor Berndt commended the Housing Division for an
outstanding job. Council Member Brado commented on the fine
example being set of what can be done between the public and
private sector.
Mayor Berndt opened the Public Meeting and asked for anyone
wishing to speak to the issue. There being no one, the
Public Meeting was closed.
It was MOVED BY SEMON, SECONDED BY SIMS, TO ACCEPT THE
REPORT AND DIRECT THE CITY MANAGER TO SUBMIT IT. The
motion carried by unanimous voice vote.
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7. PUBLIC MEETING TO CONSIDER PROPOSED ORDINANCE AMENDING THE
LAND DEVELOPMENT FEE SCHEDULE
I/ This being the time set for Public Meeting, Joan Davenport,
Supervising Associate Planner, referred to the 1993
Amendments to the Land Development Fee Schedule. She
explained that the proposed amendments do not include
building permits and provided examples of land use
applications that are included. The amount of increase,
3.7%, is consistent with Consumer Price Index (CPI) for the
Seattle - Tacoma area for 1992. Assuming the caseload is
fairly constant, 1993 revenues from application fees is
expected to generate approximately the same amount as last
year. The 1993 Fee Schedule includes two items which
previously did not require application review fees. These
two items are Short Plat Exemptions and Utility Easement
vacations. To answer a question from Council Member Barnett,
Ms. Davenport informed Council that the industry was notified
on March 1st. There was discussion among Council members and
staff concerning the difference in the amounts charged by
Yakima County and the City of Yakima.
Mayor Berndt opened the Public Meeting and asked for anyone
present wishing to speak. There being no citizen wishing to
speak, Mayor Berndt closed the Public Meeting.
Ordinance No. 93 -10 having been read by title, it was MOVED
BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE
ORDINANCE. The motion carried by unanimous roll call vote.
ORDINANCE NO. 93 - 10, AN ORDINANCE relating to zoning and
land use; increasing land development fees; and amending
Section 15.26.010B of the City of Yakima Municipal Code.
8. AUDIENCE PARTICIPATION
Larry Mathews, 805 South 17th Avenue, referred to problems
with cats running wild and causing damage. He questioned
whether there has been any effort on the part of the City to
trap the cats. Mayor Berndt provided explanation regarding
Animal Control's efforts to provide assistance to those
citizens who are having this problem. Mr. Mathews also
inquired about the schedule for picking up leaves.
City Manager Zais indicated that crews are currently working
to pick up leaf clippings and debris left over from last
fall, and reported the "Spring Cleanup" will start in the
very near future.
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John Puccinelli, President, and Kay Chinn, Secretary, from
the Yakima Valley Restaurant Association, presented a
petition signed by business owners /managers requesting that
no local ban on smoking in public buildings be considered;
however, they were in favor of a state /nation wide ban.
*9. PRESENTATION OF YAKIMA CENTER 1992 ANNUAL REPORT
The 1992 Yakima Center Annual Report was accepted.
10. CONSIDERATION OF AWARD OF PUBLIC IMPROVEMENT CONTRACT FOR
FIRST AVENUE RECONSTRUCTION PROJECT
Council Member Sims announced he had discussed the First
Avenue Project with Superior Asphalt. He explained the
reasons for his participation in the consideration to add an
asphalt alternative to the project bid. After Council
Member Sims further stated that he did not prejudice himself
in any manner, nor did he compromise the City Council during
these discussions, he withdrew himself from further
consideration of this issue and left Council Chambers.
City Attorney Vanek provided legal explanation regarding
Council Member Sim's decision and further explained the
Appearance of Fairness Doctrine does not apply to this
proceeding.
There was discussion among Council members and staff
regarding the importance of getting this project started and
consideration of how the City has allowed for fair and equal
competition in the bidding process.
Referring to his report, Fred French, City Engineer,
indicated his recommendation for award of the contract to the
lowest bidder, R. J. Lampers Construction Company, Inc.
Mr. French answered questions from Council Member Beauchamp,
and there was a considerable amount of discussion among
Council members regarding concrete and asphalt thickness
comparisons. Mayor Berndt invited anyone wishing to speak to
do so.
Brian Sims, President of Superior Asphalt and Concrete Co.,
explained his company's interest in this project and was
available to answer any questions. He further explained he
was also present to refute public allegations made by the
concrete lobby. Mr. Sims announced he would honor the City
Council's decision concerning this matter. Council
Member Beauchamp asked various questions of Mr. Sims
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regarding asphalt surfaced streets and asphalt thickness
recommendations.
I/ Larry Mathews referred to his background in engineering and
commented that he supported staff recommendations regarding
concrete and asphalt.
Wes Bogart, Executive Vice President with the Asphalt Paving
Association of Washington, Inc., suggested the City re-
examine its position regarding pavement. He expressed his
preference for asphalt and indicated examples where asphalt
has been used. In order to answer a question from Council
Member Barnett, Mr. Bogart explained the Life Cycle Costing
analysis used to evaluate performance levels of both concrete
and asphalt pavements. If the costs are relatively equal
after doing this analysis, then there is justification for
bidding to take place on both types of pavements. Addressing
an issue raised by Council Member Buchanan regarding why seal
coating has not been mentioned, Mr. Bogart explained that he
does not advocate the use of seal coating. He explained a
cyclic asphalt rehabilitation process which extends over the
lifetime of the pavement. The amount of deterioration varies
depending on the initial design of the street. If it does
start to deteriorate or crack, then sealing is the method to
keep the water out of it and extend the life a little longer.
Walt Jackson, 415 South 58th Avenue, asked if there was a
life cycle analysis done before the project was determined
whether to go with one pavement or the other. City
Engineer French explained that early in the process several
cost analyses were done comparing the two alternatives.
Mr. French further explained that due to small incremental
changes in some of the statistics for repair, maintenance,
resurfacing and other factors, the timing could seriously
adjust the differences between the life cycle analysis and
the final annualized cost for each pavement type.
At the suggestion of Council Member Semon that the proponents
from each side, either concrete or asphalt, present their
reasoning as to why their product should be chosen, the
following citizens spoke to the issue. Del Mathews, property
I/ owner on North 1st Street, is in favor of using concrete. He
commented that 66% of the land owners on the street have
asked for concrete. One of the main factors why concrete is
the preferred choice is the amount of wear and tear from
forklift truck tires, especially during hot weather.
Gene Stiles, 11807 Bristol Court, also indicated concrete is
the best choice and to hurry, since time is running out.
John Deloney, representing the Portland Cement Association,
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is in favor of using concrete. He referred to the many
streets in Yakima made out of concrete. Bill Hammett,
Superior Paving Company, is in favor of using asphalt. He
commented about the difference in the initial construction
costs as well as the cost for maintenance and repair of the
pavement. Fred Plath, 3604 Howard Avenue, is in favor of
using concrete. He explained they are currently building
concrete loading areas because their asphalt loading areas
built ten years ago are worn out. Wayne Kalbfleisch, Vice-
President of Central Pre -Mix Concrete Co., encouraged Council
to make a decision from the information and evidence
presented.
Referring to a comment from Council Member Brado about not
being able to hire the local workforce for these kinds of
projects, City Attorney Vanek provided legal explanation and
suggestions regarding this issue. There was further
discussion and questions from Council members regarding the
periodic maintenance and the lifespan of asphalt and concrete
pavement. After further discussion that included the
comparison of the two types of pavements as well as comments
from Council Member Buchanan about concrete streets in the
City still being very useful, along with comments regarding
the financial involvement of the property owners in this
project, it was MOVED BY BUCHANAN, SECONDED BY SEMON,
TO GO FOR CONCRETE. There was continued discussion and
comments regarding factors that contributed to each Council
member's decision concerning this issue. For comparison
purposes, Council Member Beauchamp requested additional cost
information for each 10 years of maintenance of a concrete
roadway that is deteriorating due to moisture under its
surface. Using City streets made of concrete as an example,
John Deloney explained that concrete is well known for its
low maintenance and long life. Resealing joints is a rather
efficient, economical situation, and would probably need to
be done 1.5 times over a 40 year period. The question was
called for a vote on the motion. Council Member Barnett
commented that the heavy equipment used on this street will
be best served with concrete pavement. The motion carried by
unanimous voice vote; Sims absent. It was MOVED BY SEMON,
SECONDED BY BUCHANAN, TO ACCEPT THE LOW CONCRETE BID.
The motion carried by unanimous voice vote; Sims absent.
(Council Member Sims was present following the conclusion of the
discussion of the previous agenda item.)
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A1. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING
FOR APRIL 13, 1993 FOR THE CONFIRMATION OF THE 1993
IRRIGATION ASSESSMENT ROLL
Council Member Barnett requested this item be removed from
the Consent Agenda in order to ask how these rates have been
analyzed. Dennis Covell, Director of Engineering & Utilities,
explained the rates have been analyzed based on records
examined by a contract with Rita Germunson and by the new
Engineer in the Water Division. It was determined that a
regular irrigation rate hearing will be held.
Resolution No. R - 93 - 15, having been read by title, it was
MOVED BY BUCHANAN, SECONDED BY SIMS, TO SET
APRIL.13, 1993 AS THE DATE FOR PUBLIC HEARING FOR THE
CONFIRMATION OF THE 1993 IRRIGATION ASSESSMENT ROLL.
The motion carried by unanimous roll call vote.
RESOLUTION NO. R 93 - 15, A RESOLUTION setting a date for
hearing on the confirmation of the irrigation maintenance
assessment roll for the year 1993. (April 13, 1993)
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A SEWER
MAIN REIMBURSABLE AGREEMENT FOR J. ROBERT NICHOLLS
RESOLUTION NO. R 93 - 16, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
an agreement with J. Robert Nicholls for the partial
reimbursement of construction cost for a sewer main
extension.
*13. APPROVAL OF 4TH QUARTER 1992 ACCOUNTS RECEIVABLE REPORT
The 4th Quarter 1992 Accounts Receivable Report was accepted.
*14. APPROVAL OF JANUARY 1993 BUDGET REPORT
The January 1993 Budget Report was accepted.
*15. APPROVAL OF FINAL CONTRACT PAYMENT FOR CONTRACT B OF THE
WASTEWATER TREATMENT PLANT IMPROVEMENTS (STANDARD MOTION V -B
-- ACCEPT CONTRACT AND APPROVE FINAL PAYMENT)
The report from the consultant, HDR, dated February 24, 1993,
with respect to the Wastewater Treatment Plant Facilities
Improvements (Schedule B), performed by Humphrey
Construction, Inc., was approved, the work accepted and
payment of the final estimates as therein set forth was
authorized.
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*16. SET DATE OF PUBLIC HEARING FOR APRIL 13, 1993 ON VACATION OF
UTILITY EASEMENT IN THE VICINITY OF 3901 TIETON DRIVE
April 13, 1993 was set as the date of hearing on the vacation
of a utility easement for property at 3091 Tieton Drive.
*17. SET DATE OF PUBLIC MEETING FOR APRIL 13, 1993 FOR REZONE OF
PORTION OF PUBLIC WORKS COMPLEX
April 13, 1993 was set as the date of public meeting to
consider the Hearing Examiner's recommendation regarding the
rezone of Public Works Complex property.
*18. SET DATE OF JOINT PUBLIC HEARING WITH COUNTY COMMISSIONERS
FOR MARCH 23, 1993 TO REVIEW TEXT AMENDMENTS TO THE YAKIMA
URBAN AREA ZONING ORDINANCE
March 23, 1993 was set as the date of joint public hearing
with the Yakima County Commissioners to review text
amendments to the Yakima Urban Area Zoning Ordinance.
*19. FIRST READING OF ORDINANCE AMENDING THE 1993 BUDGET AND
APPROPRIATING FUNDS FOR 1992 YEAR -END ENCUMBRANCES
An Ordinance amending the 1993 Budget and appropriating funds
for 1992 year -end encumbrances, having been read by title
only, was laid on the table for one week, until March 23,
1993.
20. CONSIDERATION OF LEGISLATION RELATING TO CROW ABATEMENT:
A. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE
DEPARTMENT OF AGRICULTURE FOR CROW ABATEMENT SERVICES
Bert Tabayoyon, Customer Service Manager, reported there have
been complaints about a large population of crows on the
southwest side of the City. A program to abate the crow
infestation has been found through the U.S. Department of
Agriculture, Animal Damage Control.
Joe Shones, 711 Queen Avenue, found the word "eradicate -
offensive when it concerns wildlife. This being an
agricultural community, there are a lot of crows in the area.
He opposed spending money and time on this issue and
expressed hope for other alternatives.
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MARCH 16,: 1993
Council Member Barnett expressed concern about some of the
verbiage.
Mike Pitzler, a Biologist with the U.S. Department of
Agriculture, outlined the program and the methods that would
be implemented to control the increased infestation of crows
in the City of Yakima. The rather diverse program in
Washington State includes both technical and operational
programs to assist farmers, growers, and other groups solve
their bird, rodent, or predator problem. He explained that
trained wildlife technicians would do the work. After
further discussion about how the program would be
implemented, Council Member Semon suggested that the public
informative process should be considered and more information
needs to be gathered. Larry Mathews, 805 South 17th Avenue,
Paul Adams (no address given), and Camile Turner, 1220
Fairbanks Avenue, spoke against implementing the program.
Charlotte (no last name given), from Cherry Avenue, expressed
concern about the aggressiveness of crows towards small
animals.
After further discussion among Council members about the
crow, including a request for documentation of crow
complaints and answers to questions that Council
Member Barnett has, it was MOVED BY BARNETT, SECONDED BY
BUCHANAN, TO DEFER THIS ITEM FOR ADDITIONAL
INFORMATION. The motion carried by unanimous voice vote.
21. OTHER BUSINESS
After discussion among Council members regarding applications
for the Yakima Area Regional Planning Commission, the City
Clerk was requested to schedule interviews with the
applicants.
Mayor Berndt inquired about fire protection representation by
Yakima County at the Airport. City Manager Zais explained
that Yakima County specifically excluded fire protection from
discussions and contributions to share in the costs. Council
Member Barnett commented about the extension of the March
20th deadline for allowing fire training.
Mayor Berndt, Council Member Buchanan, and City Manager Zais
presented a report on the National League of Cities
Conference recently held in Washington D.C. and on meetings
with Federal officials and representatives.
Council Member Sims requested an update on Yakima Avenue /1st
Street repairs and requested additional information on
private water mains within the City Limits.
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Information Items:
Items of information supplied to Council were: Notice of
Public Hearing before the Boundary Review Board on
Incorporation of the City of West Valley set for March 16,
1993; News Release regarding Planning Yakima's Future (Parks
planning) meeting on March 18, 1993; Letter to Yakima Herald-
Republic Editorial Page Editor regarding Editorial in 3/5/93 -
P-I, "Police and Fire Pension Grab." 3/5/93; Memorandum from
Associate Planner regarding Office of Financial Management
Population Determinations. 3/10/93; Memorandum from Yakima
County Public Works Department regarding Free Disposal Day -
April 24, 1993; Agenda for March 17, 1993 Community
Programming Advisory Committee meeting; President Clinton's
Proposed Energy Tax; Memorandums from City Attorney
regarding Damage Claims Referred to Insurance Company for
January and February 1993. 3/4/93; Assignments Pending in
Office of Environmental Planning as of March 16, 1993;
Trolley Ridership Monthly Report for February 1993;
Memorandum from Director of Public Works and Supervising
Traffic Engineer regarding Monthly Service Request Report for
February 1993; Permit Center Report for February 1993;
Yakima Valley Conference of Governments Newsletter; Vol. 19,
No. 3, March 1993; Agenda for March 15, 1993 Yakima Valley
Conference of Governments Executive Committee meeting, Agenda
for March 17, 1993 General Membership meeting and minutes of
their February meetings; Minutes of the February 4, 1993
Yakima Valley Regional Transportation Planning Organization
Technical Advisory Committee meeting; Agenda for the March
8, 1993 Parks and Recreation Commission meeting and minutes
of its February 8, 1993 meeting; Agenda for February 25,
1993 Yakima Air Terminal Board meeting and minutes of its
January 28 and February 4, 1993 meetings; Minutes of the
February 2, 1993 Substance Abuse Coalition meeting and
February 1993 Director's Report; Washington Local Government
Personnel Institute Newsletter, Personnel News; February
1993; and Northwest Policy Center Newsletter, The Changing
Northwest, Vol. 5, Issue 1, February 1993.
22. EXECUTIVE SESSION REGARDING PENDING LITIGATION AND COLLECTIVE
BARGAINING
It was MOVED BY BARNETT, SECONDED, BY BUCHANAN, TO MOVE
INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING
PENDING LITIGATION AND COLLECTIVE BARGAINING. The
motion carried by unanimous voice vote.
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