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HomeMy WebLinkAbout04/27/1993 Business Meeting 2:.42 CITY OF YAKIMA, WASHINGTON APRIL 27, 1993 BUSINESS MEETING 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, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Clarence Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council Member Brado gave a status report of a meeting held this morning with the Westside Merchants regarding crime in that area. LIFT Students Dustin Yeager from Davis High School and Shawn Wegmuller from Westside Christian were introduced. Mayor Berndt welcomed them and invited their participation. Council Member Buchanan announced the Drags Against Drugs racing event. A. PROCLAMATIONS Mayor Berndt read a proclamation declaring May 3 -7, 1993 as Cinco de Mayo Week. Tony Sandoval, Chair of the event, briefly described some of the local area activities planned for the traditional Mexican holiday. 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 remove Item No. 13 from the Consent Agenda and to set the date of public hearing for May 11, 1993 instead of May 4, 1993 in Item No. 12. The City I/ 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 AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by as asterisk ( *) 243 APRIL 27, 1993 indicate items on the Consent Agenda handled under one motion I/ without further discussion.) 5. AUDIENCE PARTICIPATION None 6. REPORT FROM ENGINEERING AND PUBLIC WORKS DEPARTMENTS REGARDING CONDITION AND SCHEDULE. FOR REPAIR OF YAKIMA AVENUE, FIRST STREET AND OTHER STREETS David Hussell, Street and Traffic Operations Manager, explained the results of their street repair review analysis of Yakima Avenue and South 1st Street, along with several other sections of streets that need immediate attention. Because the several million dollars it would take to rebuild the streets is not available, Mr. Hussell requested that an estimated $200,000 for short term repairs be authorized and also requested the work be contracted out in order to better utilize City manpower in other ongoing programs. He emphasized that this request will not cover all the streets in the City, nor will it provide a permanent solution; however, it will postpone major street repair and provide a reasonable riding surface in the interim. There was further discussion among Council members and staff regarding contracting out the repairs versus utilizing City manpower and equipment to do the job. At the request of Mayor Berndt, Dennis Covell, Director of Engineering & Utilities, provided technical explanation of the factors which determined which sections of City streets need immediate maintenance. It was MOVED BY SIMS, SECONDED BY BARNETT, TO ACCEPT THE REPORT AND DIRECT STAFF TO CONTRACT THE PAVEMENT OF THESE SECTIONS AND TO AUTHORIZE AN APPROPRIATION UP TO $200,000 FOR THESE PROJECTS. The motion carried by unanimous voice vote. 7. CONSIDERATION OF REQUEST TO PIPE AND COVER A SECTION OF FRUITVALE CANAL Ty Wick, Water & Irrigation Superintendent, provided a brief overview of the requests by two different groups to pipe and I/ cover two different sections of the canal. One request includes a section of the canal from approximately 24th Avenue & Lincoln to Park Avenue, all of which is south of Lincoln. This request is from concerned citizens who own property adjacent to the canal. Another request includes piping a section from 16th Avenue to Willow, all of which is on the east side of 16th Avenue, and goes through an area near Swan Avenue. 2 244. APRIL 27, 1993 At the request of Council Members Barnett and Buchanan, Dennis Covell, Director of Engineering & Utilities, clarified the boundaries of the canal area and explained why there is an unspent portion (approximately $300,000) of the Public Works Trust Fund Loan. Referring to the two requests, Council Member Barnett confirmed that they are both competing for the surplus money.. There was discussion among Council members and staff regarding whether the expenditure of this fund will influence utility rates. Council Member Barnett thinks it is important for people to understand that the covering of this canal does have a definite influence on some of the utility rates. Mayor Berndt requested those who wished to speak regarding the request in the vicinity of 20th Avenue to 24th Avenue. Phil Souder, 348 North 23rd Avenue, provided background information regarding this request which started because the neighbors did not want a bike pathway along their section of the canal. He explained that during the time he has lived here, the water level has gone down considerably and there is more exposed area along the banks .of the ditch. He explained his property is physically divided by the canal, and he has maintained the area the City owns along the ditch. Mr. Souder explained he has been paying irrigation assessment and property taxes on this City owned property. He expressed concern about the ditch losing more water if there is a water shortage. He also expressed concern about the rats, the area being very dark and heavily wooded and the kids that congregate in the ditch. He indicated his number one priority would be to fill the ditch. He understood the position that they have to put a pipe in because there are some irrigation clean -outs. He suggested decreasing the City's property from 60 feet to 20 feet. Cleo Ward, 931 Balali Road, Harrah, who owns property at 2202 West Lincoln Avenue, commented about the low flow of water in the ditch. He feels it should be piped and covered due to stagnant conditions that could develop and because children play in the canal. John Klingele, 1312 West Walnut, suggested that if this portion of the canal is filled in, consideration should be given toward connecting the pipelines in order to eliminate the dead end runs which would provide better looping for the system, reducing the amount of required maintenance. He also 3 245 APRIL 27, 1993 suggested the installation of 20" line to run parallel to the canal. Mayor Berndt requested if there was anyone from the North Central Coalition who wished to speak. Phil Hoge, President of the North Central Neighborhood Coalition, 1512 Folsom Avenue, referred to the letter they submitted. Their request was originally made to City Staff in October 1992 and they were told they would have to wait until the end of the construction between 40th and 16th Avenues to see if there was any funds remaining. He stated the reasons they were making the request. The canal is immediately adjacent to the undeveloped Swan Avenue Park. This is a hazard to children and their plans to develop the park is delayed pending the decision on piping the canal. Another reason for this request is the dense residential neighborhood with nine streets and alleys fronting the canal which makes it very publicly accessible and heavily used. Mr. Hoge emphasized that this will be the last chance to cover the canal for quite a while due to the end of the Public Works Trust Fund. He indicated a pathway through their park would be a beneficial use through the neighborhood. David Flaherty, Parks & Recreation Manager, explained the advantages of working with Swan Avenue. The neighborhood association is a strong supporter of getting that particular park in that area developed. They are willing to pitch in on their own. There is a tremendous opportunity to develop a greenbelt from 16th Avenue to Willow. He referred to the possibility of linking with the Greenway as mentioned in the City's recently submitted ISTEA Grant application for the funding to pave the canal that has been covered. After a considerable amount of discussion among Council members and staff regarding the project, it was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO REFER THIS ISSUE TO STAFF TO CONSIDER OPTIONS TO DO BOTH PROJECTS. Tony Bishop, 347 North 23rd Avenue, explained why he wrote the April 11, 1991 letter expressing concern over the closure of the canal from North 24th Avenue to North 21st Avenue. He urged Council not to decide to put the bike path in this area. The question was called for a vote on the motion. The motion carried by unanimous voice vote. 4 246 APRIL 27, 1993 8. REVIEW OF LEGAL OPINION FROM CITY ATTORNEY'S OFFICE REGARDING CONDITIONAL REZONING OF PROPERTY John Vanek, City Attorney, referred to his written opinion regarding the conditional rezoning of property. He explained that under the existing ordinance, it is possible to place conditions on rezones, and the most effective way to accomplish that is to make the condition precedent upon the rezone, which means the rezone ordinance doesn't go into effect until the conditions are met. There was .discussion among Council members and staff regarding what happens when projects are not completed as originally planned, the rezone is in place, and the neighbors are unhappy. Don Skone, Planning Manager, provided explanation regarding zoning and master application procedures. City Manager Zais explained how this proposal would affect the administration of rezoning property. Council Member Barnett commented about complications that could arise. Phil Lamb, Hearing Examiner, commented about concomitant agreements associated with -land use applications, particularly those involved with rezones. It was MOVED BY BRADO, SECONDED BY BUCHANAN, TO ACCEPT THE REPORT. The motion carried by unanimous voice vote. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH TREE TOP, INC., FOR SERVICES RELATING TO THE TREE TOP BICYCLE RACING CLASSIC FOR 1993 RESOLUTION NO. R- 93 -37, A RESOLUTION authorizing execution of an agreement with Tree Top, Inc. for services relating to the Tree Top Bicycle Racing Classic for 1993. *10. CONSIDERATION OF RESOLUTION AUTHORIZING CLOSURE OF CERTAIN STREETS FOR THE AIR FAIR RESOLUTION NO. R- 93 -38, A RESOLUTION authorizing closure of portions of 16th Avenue and Spring Creek Road for the Yakima Air Fair. *11. SET DATE OF PUBLIC MEETING FOR MAY 18, 1993 TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION FOR REZONE AT 302 HATHAWAY REQUESTED BY THE HOUSING FOUNDATION May 18, 1993 was set as the date of public meeting to consider the Hearing Examiner's recommendation for rezone of property at 302 Hathaway, as requested by The Housing Foundation. 5 247 APRIL 27, 1993 *12. SET DATE OF PUBLIC MEETING FOR MAY 11, 1993 TO CONSIDER THE FINAL PLAT APPROVAL FOR PROPERTY IN VICINITY OF NO. 40TH AVENUE AND ENGLEWOOD (MEDICAL VIEW WEST), REQUESTED BY SMITH - LUKEHART PARTNERSHIP May 11, 1993 was set as the date of public meeting to consider the final plat approval for the Medical View West Subdivision submitted by the Smith /Lukehart Partnership. 13. APPROVAL OF FIRST QUARTER 1993 BUDGET REPORT Council Member Barnett explained that he requested this item be removed from the Consent Agenda because he had a question about the Transit Capital Reserve. John Hanson, Director of Finance & Budget, explained the balance sheet transaction. It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO ACCEPT THE FIRST QUARTER 1993 BUDGET REPORT. The motion carried by unanimous voice vote. *14. CONSIDERATION OF LEGISLATION SUPPORTING THE GANG PREVENTION /INTERVENTION PROGRAM: A. RESOLUTION AMENDING THE CONTRACT WITH THE YAKIMA COUNTY SUBSTANCE ABUSE COALITION RESOLUTION NO. R- 93 - 39, A RESOLUTION authorizing the execution of a 1993 Agreement Between the City of Yakima and the Yakima County Substance Abuse Coalition, Inc. for Summertime Youth Recreation and Gang Prevention Activities. B. FIRST READING OF ORDINANCE AMENDING THE 1993 BUDGET AND APPROPRIATING ADDITIONAL FUNDS FOR THE GANG PREVENTION/ INTERVENTION PROGRAM (No formal action required this meeting) An Ordinance amending the 1993 budget and appropriating funds for 1993 Summertime Youth Recreation and Gang Prevention activities, having been read by title only, was laid on the table for one week, until May 4, 1993. 15. OTHER BUSINESS Council Member Sims requested staff review the figures in the Quarterly Transit Report. 6 248 APRIL 27, 1993 Council Member Semon reported on the status of the PTIC process. He commented that cities throughout the county have been meeting to discuss the effects of the PTBA process. Council Member Barnett requested information on the problems in Irrigation District #371. Council discussed the names received to be considered for appointment to the Citizen Bond Committee. They also discussed the importance of selecting a group which will represent the whole community. Council Member Barnett requested what the source of funds would be which was referenced in Skip Steinmetz's letter regarding sewer main extension to the railroad area; City Manager Zais reported that information about the apprenticeship program, as well as other issues pertaining to that, was provided to Council members. A date to place it on the agenda will be confirmed. Council Member Buchanan expressed concern about the delayed inspection of a pipeline on the project at Washington Fruit. Information Items: Items of information supplied to Council were: Memorandum from Water and Irrigation Superintendent and Finance Analyst regarding Impact of Proposed Language on ESSB 5967 regarding Public Utility Tax. 4/27/93; Issues Forum: Local Government Update and Post Legislative Report scheduled for April 28, 1993; Letter to Federal Aviation Administration in support for completion of the updated Airport Plan and improvements. 4/20/93; Letter from Yakima Valley Chapter 206 Experimental Aircraft Association in support of renaming the Yakima Airport to McAllister International Airport. 4/15/93; Letter from yakima Air Fair in support of renaming the Yakima Airport to McAllister International Airport. 4/6/93; Letter from The League of Women Voters in support of regional transportation system. 4/15/93; Yakima County Development Association First Quarter 1993 Report; Monthly Report of the Chief of Police for March 1993; Yakima Transit First Quarter 1993 Report; and Yakima County Focus 2010 Growth Planning Program Report #2. April 1993; DOE State Revolving Fund (SRF) Application Announcement. 4/23/93; Washington State Labor Area Summary. February 1993; Article from 4/16/93 P -I, "20 Percent Monthly increase Sought in County Sewer Rates "; and Article from May 1993 The Atlantic Monthly, "The New Downtowns." Distributed 4/27/93: 4/23/93 Memorandum from COG regarding STP Regional Allocation. 7 ., 249 APRIL 27, 1993 • 16. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY TEN MINUTES FOR THE PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION, TO BE FOLLOWED BY IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. 17. ADJOURNMENT • Following the conclusion. of the Executive Session, the meeting adjourned at 4:35 p.m. READ AND CERTIFIED ACCURATE BY: _ IZ_� COINCIL Mow:ER &A 'E 0 0 :41/1( OUNCIL MBER DATE ATTEST: "e_644 ( /aA_v‘r.i/- CITY CLERK MAYOR MINUTES PREPARED BY DEPUTY CITY CLERK SKOVALD. • • 8