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
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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
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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
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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-
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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.
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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
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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.
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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
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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,
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Commentary, "Investing in Distressed Communities."
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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
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O,: CIL MEMBER : ■ATE
ATTEST:
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CITY CLERK MAYOR
MINUTES PREPARED BY DEPUTY CITY CLERK SKOVALD.
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