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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.) 1 MARCH 16, 1993 *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. 2 181 MARCH 16, 1993 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. 3 • 182 MARCH 16, 1993 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 4 183 MARCH 16, 1993 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, 5 184 MARCH 16, 1993 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.) 6 18 5 MARCH 16, 1993 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. 7 186 MARCH 16, 1993 *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. 8 • • 187 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. 9 188 MARCH 16, 1993 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. 10