Loading...
HomeMy WebLinkAbout04/13/1993 Business Meeting 211 CITY OF YAKIMA, WASHINGTON APRIL 13, 1993` BUSINESS MEETING 1/ 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 Mayor Berndt invited Council to attend a public hearing this Thursday evening regarding Yakima County's Solid Waste Management Plan. Lillian Scott, a student from Davis High School and • Bruce Senyheruang, a student from Eisenhower High School, participants in the Leaders Investing For Tomorrow (LIFT) program were introduced. Mayor Berndt welcomed them and invited their participation. Council Member Buchanan announced that on behalf of the City he greeted three astronauts who were in town on Saturday. A. PROCLAMATIONS Recognizing the growing concern about increased incidents of sexual assault, particularly assault to youths by acquaintances, April 18 -24, 1993 was proclaimed Sexual Assault Awareness Week. 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. City Attorney Vanek provided a substitute resolution for Agenda Item No. 9. 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 212 • APRIL 13, 1993 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.) *5. APPROVAL OF THE MINUTES OF THE FEBRUARY 9, 1993 BUSINESS MEETING The minutes of the February 9, 1993 Business Meeting, was approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION Tom Hall, 105 North 28th Avenue, David Smith, Box 430, Naches, and Allen Bostford, Naches, requested a ban on smoking in buildings open to the public, with the exception perhaps of taverns, bars, and other buildings not open to minors. Mr. Hall also requested if Council does not pass an ordinance to this effect, that this issue be placed on the ballot. There was discussion among Council members regarding the request. City Manager Zais explained the citizen referendum /initiative procedure. John Puccinelli, President, and Kay Chin, Secretary, of the Yakima Valley Restaurant Association, referred to Petition No. 1149 they submitted against the local ban, but supporting the idea of a state or nation wide ban instead. They stated that a local ban would adversely affect business. Phillip Zickefose, 111 South 7th Street, was also opposed to the ban. It was the general consensus among Council members to not take any action on this issue. Mayor Berndt informed the proponents that if they wished to participate in the referendum /initiative process, City Attorney Vanek was available to answer any questions regarding that process. 7. PUBLIC HEARING ON CONFIRMATION OF 1993 IRRIGATION MAINTENANCE ASSESSMENT ROLL (SEE ORDINANCE AFFIRMING ASSESSMENT ROLL) This being the time set for a public hearing, Ty Wick, Water & Irrigation Superintendent explained that the purpose of this public hearing is for Council to consider the irrigation maintenance assessment and any written objections. They may modify any portion of the Assessment Roll, and Mr. Wick further explained that the 1993 2 213 . APRIL 13, 1993 Irrigation Maintenance Assessment .Roll is confirmed by ordinance. • After an informational video was shown .which illustrated specific factors causing irrigation rates to increase, there were questions from Council members regarding the proposed rate increases for the various irrigation systems. Ty Wick explained the various circumstances and'emphasized that unexpected repairs come up that cannot be foreseen; although they do plan for as many as possible; this is the nature of the industry. Council Member Barnett asked whether the very small districts could be made subdistricts as was done in other instances. Mr. Wick didn't think that was possible. The reason being is many of the very small districts have a separate water source (box). In those instances where subdistricts were formed, the districts received water from a common source (box). Mayor Berndt opened the public hearing and asked for anyone wishing to comment. Ed Meyer, District #861, 1014 South 23rd Avenue, asked why there is a 30% increase, which increased his assessment from $92 up to $122. It seems to be out of proportion. Mayor Berndt explained there were so many repairs that had to be made last year, that the reserves were reduced beyond acceptable levels and the reserves need to be brought back up. Council Member Barnett explained that there are only 28 people to divided the costs among which makes a large impact on those 28 people. Albert Sands, District #308, 1402 Cherry Avenue, explained his situation where he has no access to irrigation water because he would have to go through someone else's property. Consequently he uses domestic water, which increases his sewer bill. City Attorney Vanek provided legal explanation about an ordinance that allows that domestic water be used for, irrigation purposes under certain circumstances and a rate is applied to exclude sewer service. Mr. Wick directed him to fill out an irrigation application from the Customer Service office. There were comments among Council members regarding backflow prevention requirements for domestic water on sprinkler systems. Staff was directed to work with Mr. Sands to help him with this problem. Stuart Johnson, 2201 West Yakima Avenue, commented about the burden the proposed increase has on those with fixed incomes. He also commented about water leakage and the needed repairs to the existing system, as well as the 3 214 APRIL 13, 1993 tremendous cost involved. There was a considerable amount of discussion among Council members regarding what is being done to improve the irrigation system problems, along with discussion concerning the uncertainty of pending court litigation that would influence water rights issues. (Council Member Beauchamp absent after 3:00 p.m.) Phil Salatino, District #510, 209 Park Avenue, commented how surprised he was to see the amount of increase. He understands that costs have gone up, but he is concerned that rates will never decrease. Marvin Anderson, District #510, 104 North 26th Avenue, complained about the large increase and was provided information explaining the reasons for the increase. Dan Owen, 106 North 26th Avenue, commented about the amount of increase and how it affects those on fixed incomes. Council Member Buchanan suggested that an itemized explanation of repairs for individual districts be provided on the assessment notice so that rate payers can see where the costs add up and why, especially when there is a large rate increase. Mayor Berndt provided explanation about the repairs in District #395 which contributed to the amount of increase for that irrigation district. Council Member Sims explained to Wendell Bryan, 609 South 26th Avenue, how and what the assessment was based on. Mrs. Bryan commented about the amount of water that is wasted and asked about using domestic water for irrigation. Phillip zickefose, 111 South 7th Street, commented on the trickle of water coming out of his irrigation pipe and explained there isn't enough pressure. Mayor Berndt asked if anyone else wished to comment. There being no one, the hearing was closed. Council Member Barnett referred to an attachment he submitted and requested Council consider using this rate proposal which is based on rates to offset expenditures. He explained why these rates should be utilized. Ordinance No. 93- 4 215 APRIL 13, 1993 16, having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE ORDINANCE. The I/ motion carried by unanimous voice vote; Beauchamp absent. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO AMEND THE ORDINANCE TO INCLUDE THE RATE STRUCTURE AS MODIFIED IN CLARENCE BARNETT'S PROPOSAL PERTAINING TO THE FOLLOWING DISTRICTS: #689 (.00800), #529 (.00700), #601 (.00690), #664 (.00680), #712 (.00630), #793 (.00790), #817 (.00500), #748 (.00470), #822 (.00600), #837 (.00730), #857 (.00840), #858 (.00730), #450 (.00660). The motion carried by unanimous roll call vote; Beauchamp absent. ORDINANCE NO. 93 - 16, AN ORDINANCE confirming the irrigation maintenance assessment roll of the City of Yakima for the calendar year 1993 and levying irrigation maintenance assessments according to such roll. 8. PUBLIC HEARING ON RELEASE OF UTILITY EASEMENT IN THE VICINITY OF 3901 TIETON DRIVE (SEE RESOLUTION RELEASING EASEMENT) This being the time set for a public hearing, Bruce Benson, Associate Planner, provided a brief history of the utility easement and explained that the owners have applied to have the easement released. Upon investigation there is no current or future need of this easement. Because of its location, the easement affects the development of the owner's property. Mr. Benson recommended the easement be released. In order to answer a question from Council Member Brado, Mr. Benson indicated there are two parcels originally established by the County Assessor as one acre of land. Mayor Berndt opened the public hearing for comments. There being no one wishing to speak, the hearing was closed. Resolution No. R- 93 -28, having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp. absent. RESOLUTION NO. R 93 - 28, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Quit Claim Deed to release an easement across property owned by W. D. Bohlke and Joyce Bohlke, husband and wife, and S. A. Ruark and Beverly Ruark, husband and wife. 5 216 APRIL 13, 1993 9. PUBLIC MEETING ON CONSIDERATION OF HEARING EXAMINER'S DECISION REGARDING REZONE OF PORTION OF THE CITY'S PUBLIC WORKS COMPLEX (SEE ORDINANCE REZONING PROPERTY) This being the time set for a public meeting, Joan Davenport, Supervising Associate Planner, explained the purpose of this meeting is for Council to consider the recommendation of the Hearing Examiner regarding the rezone requested by the City of Yakima for 8 parcels of land from three different zoning districts to M -1 Light Industrial. This rezone would allow for the expansion of the City Shops Complex in the vicinity of Fruitvale Boulevard and the west side of North 21st Avenue. There is approximately 3.5 acres involved. Ms. Davenport indicated that there was no opposition to the rezone at the public hearing held in February, although one resident appeared and had questions regarding on -site transit operations. John Haddix described the relocation of the bus stop and explained the traffic will increase slightly on 21st Avenue. He explained the proposed exit and entrance routes at the Shops Complex site. He further explained there will be a complete standard street improvement to North 21st Avenue. The several residences on the east side are aware of the project and have had a chance to address this issue. Mayor Berndt opened the public meeting for comments. There being no one wishing to speak, the public meeting was closed. Ordinance No. 93 -17, having been read by title, it was MOVED BY BUCHANAN, SECONDED SIMS, THAT ORDINANCE BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp absent. ORDINANCE NO. 93 - 17, AN ORDINANCE relating to zoning; rezoning 3.5 acres of land located west of North 21st Avenue in the vicinity of Fruitvale Boulevard in the City of Yakima, Washington from Single - family Residential (R -1), Multi - Family Residential (R -3), and CBD Support (CBDS) to Light Industrial (M -1); and amending the zoning map of the City of Yakima. *10. CONSIDERATION OF RESOLUTION AUTHORIZING ISSUANCE OF PROMOTIONAL FARE BUS PASSES TO JAPANESE EXCHANGE STUDENTS RESOLUTION NO. R 93 - 29, A RESOLUTION authorizing the City of Yakima Transit Division to issue promotional fare bus passes to 130 Japanese exchange students to be valid 6 217 APRIL 13, 1993 during a two week period of time while these students visit the City of Yakima. I/ *11. CONSIDERATION OF RESOLUTION AMENDING SECTION 2 OF ORDINANCE NO. 93 -11 RELATING TO ISSUANCE OF BONDS FOR THE HOME PRESERVATION PROGRAM RESOLUTION NO. R- 93 - 30, A RESOLUTION of the Council of the City of Yakima, Washington authorizing the Clerk of the City to correct a clerical mistake occurring on page 3, in Section 2 of Ordinance No. 93 -11 of the City. 12. CONSIDERATION OF RESOLUTION TERMINATING CURRENT CONTRACT AND AUTHORIZING EXECUTION OF NEW DIAL -A -RIDE SERVICE CONTRACT Bill Schultz, Transit Manager, explained termination has been requested of the existing Dial -A -Ride contract due to recurring operating problems that appear not to be able to be resolved. He proposed that a new contract be entered into with a brokerage firm for a trial period to see if the concept is workable. There was discussion among Council members and staff regarding the mandated ADA requirement to serve people with disabilities. Mr. Schultz answered questions from Council Members Barnett and Brado concerning the specific nature of the contract. City Attorney Vanek referred to the section in the contract where the City reserves the right to set a limit on the amount of services to be provided by the contracting agency due to the open ended nature of the billing procedure. George Kapellas, Diamond Cab Company, commented about' his company's participation in the Dial -A -Ride program indicating it was a pleasure to be of service. Larry Mathews, 805 South 17th Avenue, was in favor of the proposed action. Michael Foot, an independent owner /operator driver contracted through Diamond Cab, described his experience driving for the Dial -A -Ride program. He commented that he has gotten to know a lot of the passengers. He referred to circumstances where incorrect trips were made and indicated they had no control of those situations. Cola Cooper, 808 South 6th, explained he had been using the Dial -A -Ride cab for the last three years. He said he was very pleased with the service and the experience was a good one. 7 218 APRIL 13, 1993 Resolution No. R- 93 -31, having been read by title, it was MOVED BY SEMON, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by unanimous voice vote; Beauchamp absent. City Attorney vanek indicated an appropriate letter will be prepared. RESOLUTION NO. R 93 - 31, A RESOLUTION authorizing the termination of the Dial -A -Ride Service transportation Service Agreement between the City of Yakima and Diamond Cab Company, authorizing the execution of a Dial -A -Ride Transportation Service Agreement with People For People, Inc. and declaring an emergency. *13. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR WASHINGTON FRUIT AND PRODUCE, 402 N. 1ST AVENUE The Right -of -Way Use permit to place a utility bridge across No. 1st Avenue, man door openings, footing extensions and an electrical conduit in the street, as requested by Washington Fruit and Produce, was approved. *14. SECOND READING OF ORDINANCE AMENDING THE 1993 BUDGET AND APPROPRIATING FUNDS FOR SENIOR CENTER ROOF REPAIRS An ordinance amending the 1993 budget and appropriating funds for Senior Center roof repairs, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 93 - 18, AN ORDINANCE amending the 1993 budget for the City of Yakima; and making an appropriation of $11,000 in the Parks and Recreation Fund for expenditure during 1993 for Senior Citizen Center Building Roof Repairs. *15. SECOND READING OF ORDINANCE AMENDING THE 1993 BUDGET AND APPROPRIATING FUNDS FOR PURCHASE OF A WASHER /EXTRACTOR FOR THE FIRE DEPARTMENT An Ordinance amending the 1993 budget and appropriating funds for purchase of a washer /extractor for the Fire Department, having been read by title only at the previous meeting, was brought before the Council for a second reading. I/ ORDINANCE NO. 93 -19, AN ORDINANCE amending the 1993 budget for the City of Yakima; and making an appropriation 8 219 APRIL 13, . 1993 of $5,500 in the Emergency Services Fund for expenditure during 1993 for purchasing and installing a commercial I/ washer /extractor. 16. OTHER BUSINESS Ron King, Irrigation District #534, expressed concern about the proposed rate increase and suggested an explanation be provided to property owners when there is a large increase. Dave Hussell, Streets and Traffic Operations Manager, provided a status report on the street sweeping program, the street striping program, as well as the pothole repair program. City Manager Zais gave a brief update on legislative issues and reported a video was prepared to be aired on YCTV. Information items: Items of information supplied to Council were: Notice of "Looking Ahead: Planning Yakima's Future" Regional Transportation Planning program scheduled for April 15th; Information Item from Cable Communications Manager regarding New FCC Rules on Rate Regulation. 4/7/93; Notice of Kittitas- Yakima Resource Conservation and Economic Development District "Federal Infrastructure Assistance" workshop on April 28th. 3/31/93; Letter from Senator Marilyn Rasmussen regarding animal cruelty bills. 3/29/93; Yakima County Development Association First Quarter 1993 Report; Memorandum from City Attorney regarding Damage Claims Referred to Insurance Company. 4/2/93; Legal Department Monthly Report for February 1993; Memorandum from Director of Public Works and Supervising Traffic Engineer regarding Citizen Request and Activity Report for March 1993; Agenda for April 19, 1993 YVCOG Executive Committee meeting and minutes of its March 15, 1993 meeting; Agenda for the April 12, 1993 Parks and Recreation Commission meeting and minutes of its March 8, 1993 meeting; Minutes of the February 10 and March 11, 1993 Community Development Advisory Committee meetings; Minutes of the April 5, 1993 Utility Rate Advisory Board meeting; and Article from the Winter 1993, 1/ Commentary, "Investing in Distressed Communities." 9 220 APRIL 13, 1993 17. EXECUTIVE SESSION REGARDING PENDING LITIGATION It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Beauchamp absent. 18. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 5:05 p.m. READ AND CERTIFIED ACCURATE BY: C NCIL MEMBER DATE g `�1 O,: CIL MEMBER : ■ATE ATTEST: 4 a cm gtt 4-2c1-/ CITY CLERK MAYOR MINUTES PREPARED BY DEPUTY CITY CLERK SKOVALD. 1 10