Loading...
HomeMy WebLinkAbout04/12/1994 Business Meeting 241 CITY OF YAKIMA,,WASHINGTON APRIL 12, 1994 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, Assistant Mayor Clarence Barnett, presiding, Council Members Henry Beauchamp, Ernie Berger, Bill Brado, Lynn Buchanan, and Bernard Sims present on roll call. Mayor Pat Berndt absent and excused. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. Assistant Mayor Barnett announced that the Irrigation Maintenance Assessment Roll hearing date will be rescheduled from today to May 3, 1994; however, any citizen present today may give their testimony. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Assistant Mayor Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) A proclamation declaring April 17 - 23, 1994 as Sexual Assault Awareness week was presented to Debbie Ruggles, Coordinator of the Sexual Assault Unit. 4. CONSENT AGENDA Assistant Mayor Barnett 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 of the Council to remove Items Nos. 10 and 11 from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SI:MS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Berndt absent. (Subsequent paragraphs 1/ preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 4A. PUBLIC HEARING ON 1994 IRRIGATION MAINTENANCE ASSESSMENT ROLL Assistant Mayor Barnett opened the public hearing to receive testimony. Veronica Martinez asked why she will be charged an amount to have her irrigation repaired in addition to paying this assessment. She was directed to Dennis Covell, 2 4 APRIL 12, 1994 Director of Engineering and Utilities, to obtain an answer to her question. There being no other citizen present to speak to this issue, Assistant Mayor Barnett stated that Council would take action under Item No. 11 to continue the public hearing to May 3, 1994. *5. APPROVAL OF THE MINUTES OF THE MARCH 29, 1994 ADJOURNED BUSINESS MEETING The minutes of the March 29, 1994 Adjourned 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 None. 7. SEPA DETERMINATION ON APPEAL FOR GREENWAY Council Member Brado excused himself from this discussion since he did not attend the second hearing and did not review the record. Council Member Beauchamp stated for the record that he has reviewed the tape of the meeting he missed and is qualified to participate in this discussion. City Attorney Paolella reminded Council that the public hearing has been closed. He reviewed the options for Council action. Council needs to make a decision on whether an Environmental Impact Statement (EIS) needs to be prepared for this proposal. The SEPA responsible official decided that an EIS was not necessary; however, mitigation measures in some areas were required. Council can affirm the SEPA MDNS (Mitigated Determination of Non - Significance) without change, affirm it with further mitigation measures, remand it back for further analysis or reverse the MDNS and require a full EIS. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO DENY THE APPEAL AND DIRECT THE LEGAL STAFF TO PREPARE THE APPROPRIATE LEGISLATION. Passing the gavel to Council Member Buchanan, it was MOVED BY ASSISTANT MAYOR BARNETT, SECONDED BY BEAUCHAMP, THAT THE FOLLOWING MITIGATION MEASURES BE REQUIRED: A CHAIN LINK FENCE FIVE FEET TALL TO BE PLACED FROM NORTH 16TH AVENUE TO THE WEST SIDE OF WILLOW LAKE ON THE SOUTH SIDE OF HIGHWAY RIGHT -OF -WAY; ADDITIONAL SIGNAGE INDICATING NO TRESPASSING PLACED ALONG FENCING; AND THE GREENWAY FOUNDATION PROVIDE FOR A BOUNDARY SURVEY TO BE CONDUCTED IN THE AREA OF NORTH 6TH AVENUE NEAR THE RAILROAD BRIDGE IN ORDER THAT THE PATHWAY NOT ENCROACH ON PRIVATE PROPERTY WHERE THE GREENWAY HAS NOT ACQUIRED THE APPROPRIATE EASEMENTS. THE GREENWAY FOUNDATION SHALL ALSO CONSTRUCT A FIVE FOOT CHAIN LINK FENCE BETWEEN THE GREENWAY PATH AND THE PRIVATE PROPERTY LINE LOCATED AS A RESULT OF THE REQUIRED SURVEY. THE GREENWAY FOUNDATION SHALL CERTIFY BY A 2 243 APRIL; 12, 1994 REGISTERED ENGINEER TO SATISF THE CONCERN THAT THE PATHWAY WILL NOT INTERFERE WITH THE NATURAL FLOW OF THE NACHES RIVER. Assistant Mayor Barnett commented this last requirement is the result of a letter received February 10, 1994 from Robert Schwerdtfeger which was provided to 1/ Council, but not entered into the record. City Attorney Paolella suggested it now be entered into the record as an exhibit (Exhibit No. 37). Following deliberation regarding shared payment of the fence and mitigation measures to address the residents' concerns about trespassing, the question was called for a vote on the amendment. The motion carried by 4 -1 voice vote; Buchanan voting nay, Brado not voting, Berndt absent. The question was called for a vote on the motion, as amended. The motion carried by unanimous roll call vote; Brado not voting, Berndt absent. Assistant Mayor Barnett announced that a shoreline permit hearing will be held before the Hearing Examiner at a time to be determined by the Hearing Examiner's schedule. At that meeting, the Hearing Examiner will listen to testimony regarding the merits of the project and may add additional conditions. Staff will notify all people who testified as to the time of the hearing. *8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH TRADEC FOR PROFESSIONAL SERVICES ON THE ENTERPRISE COMMUNITY APPLICATION RESOLUTION NO. R- 94 -41, A RESOLUTION authorizing the execution of a professional services agreement with Trade and Development Consortium; , Inc .' *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CHANDLER .ASSOCIATES FOR PROFESSIONAL SERVICES FOR PREPARATION OF A GRANT APPLICATION FOR SMALL BUSINESS ADMINISTRATION LOAN PROGRAM RESOLUTION NO. R- 94 -42, A RESOLUTION authorizing the execution of a professional services agreement with Bill Chandler. 10. CONSIDERATION OF RESOLUTION AUTHORIZING CHESTNUT MANOR TITLE TRANSFER 1/ (Council Member Brado present at 2:33 p.m.) Council Member Beauchamp asked if there are any assurances, that equal opportunity will be available in the renting of these units once the City transfers ownership. Dixie Kracht, Block Grant Manager, informed Council that this corporation will be operated by a seven member board, four of which are tenants. The by -laws are written such that units would continue to be rented to low - income and elderly citizens. Following discussion, it was suggested by the City Attorney that a covenant may be added to the deed to address Mr. Beauchamp's concern. Resolution No. R -94 -43 having been read by title, 3 244 APRIL 12, 1994 it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous roll call vote; Berndt absent. It was MOVED BY BEAUCHAMP, SECONDED BY BRADO, TO INSTRUCT STAFF TO BRING THIS BACK AS A SEPARATE COVENANT WHICH EMBODIES LANGUAGE ON EQUAL OPPORTUNITY TENANCY AND ADD TO THE DEED. The motion carried by unanimous voice vote; Berndt absent. RESOLUTION NO. R- 94 -43, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Purchase and Sale Agreement for the Chestnut Manor property located at 27 South 4th Street in Yakima, Washington together with all other necessary actions to accomplish the transfer of title of the Chestnut Manor property to Chestnut Manor, a Washington non - profit corporation. 11. CONSIDERATION OF RESOLUTION RESETTING DATE OF PUBLIC HEARING ON THE 1994 IRRIGATION ASSESSMENT ROLL FOR MAY 3, 1994 Assistant Mayor Barnett stated there were approximately ten districts which have had the assessments recalculated, necessitating the rescheduling of the hearing on the confirmation of the irrigation assessment roll for 1994. He requested that the adoption date in the resolution be changed to read April 12th. Resolution No. R -94 -44 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous roll call vote; Berndt absent. RESOLUTION NO. R- 94 -44, A RESOLUTION setting a date for hearing on the confirmation of the irrigation maintenance assessment roll for the year 1994. (Set date for May 3, 1994) *12. CONSIDERATION OF RESOLUTION AUTHORIZING PURCHASE OF AN ASPHALT MILLING MACHINE AS A SINGLE SOURCE PURCHASE RESOLUTION NO. R- 94 -45, A RESOLUTION authorizing the sole source purchase of an asphalt milling machine. *13. CONSIDERATION OF RESOLUTION AUTHORIZING THE SALE OF SURPLUS EQUIPMENT FROM THE FIRE DEPARTMENT RESOLUTION NO. R- 94 -46, A RESOLUTION authorizing the sale of a Fire and Burglar Alarm Accessory Unit to the Selah Fire Department. *14. STATUS REPORT ON THE GROWTH MANAGEMENT NEIGHBORHOOD MEETINGS The report on the Yakima Growth Management Comprehensive Plan: I. "Neighborhood Yakima" Open House Meetings and II. GMA Compliance Status was accepted. 4 245 APRIL 12, 1994 15. CONSIDERATION OF LEGISLATION REGARDING KPFF RETAIL CENTER: A. SEPA APPEAL ,City Attorney Paolella distributed copies of the Findings and I/ Conclusions and Decision which corrects some typographical errors. He recommended Council act on the SEPA appeal first and then consider the ordinance. At the request of Council Member Sims, F French, City Engineer, reported the Engineering Division has reviewed the original documents used by Superior Asphalt to get an estimate on the cost of the signal at 18th and Terrace Heights Drive. The new information is that the engineering design can possibly be ready at the end of May or in June. Providing information sought by Council Member Sims, Jack McCullough reported the four - party agreement has not yet been prepared; however, he expects tohave a draft prepared by this week.' After it has been reviewed by all parties, he expects it would be signed within 30 days. He reported the signalization plan for 17th Street is ready for staff review. It. was MOVED BY BUCHANAN, SECONDED BY BERGER, TO ADOPT THE FINDINGS AND CONCLUSIONS AND DECISION. The motion carried by unanimous voice vote; Beauchamp abstaining since he did not attend the hearing, Berndt absent. B. LAND USE APPLICATION Ordinance No. 94 - 14 having been read by. title only, it was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE ORDINANCE BE PASSED: °:; :The. motion carried by unanimous roll call vote; Beauchamp abstaining, Berndt absent. ORDINANCE NO. 94 - 14, AN ORDINANCE relating to zoning and land use; rezoning property located south of Sunfair Chevrolet and Lynch Motors, west of Sarg Hubbard Park, and east of I -82, from. Suburban Residential (S.R) to Central Business District Support (CBDS); amending the zoning map of the City of Yakima;. approving the petition for vacation of certain street rights -of -way; approving the Class 2 use of a retail facility in the Greenway Overlay Zoning District and Floodplain Overlay Zoning District; approving administrative . adjustment of, parking lot design and landscaping standards; and subject to all of the conditions contained in the hearing 1/ . examiner's recommendation.. 16. CONSIDERATION OF ORDINANCE REGULATING BASIC CABLE TV RATES Wendy Warren, Cable Communications Manager, commented that the proposed ordinance follows the Council's intent from last fall when she was'directed to seek authorization from the FCC to certify for regulation of basic cable rates. It only applies to TCI because they are the only one who has a franchise with the City. She stated that Gary Bailey of TCI is aware this is on the agenda today. He received his packet 5 246 APRIL 12, 1994 of material Friday but is out of town today. Larry Mathews, 805 South 17th Avenue, shared information he obtained from Thurston County comparing their rates with Yakima's rates. The rates in Thurston County, whose rates are negotiated by the Thurston County Commissioners, are comparable to Yakima, but do not include an additional tax. He objected to the cable TV tax and stated he refuses to pay it and is deducting that amount from his bill. He submitted his placard with the I/ comparison rates. Ms. Warren stated that Thurston County probably does not show the breakdown of the bill, separating their fee and the franchise tax. She explained that locally, TCI breaks out their fee and the other taxes. Council Member Sims also expressed curiosity about the number of channels offered in the basic package by Thurston County versus the number offered in Yakima. Ms. Warren stated she doesn't know the information on Thurston County, but TCI offers ten channels in Yakima under its basic service. Ms. Warren assured Assistant Mayor Barnett that she and the Finance Director are qualified to analyze TCI's rates and a consultant would not be required. Ordinance No. 94 -15 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE ORDINANCE BE PASSED. The motion carried by 5 -1 roll call vote; Barnett voting nay; Berndt absent. ORDINANCE NO. 94 - 15, AN ORDINANCE authorizing and providing for the regulation of basic service tier rates and related equipment, installation and service charges of any cable television system operating in the City of Yakima. *17. SECOND READING OF ORDINANCE AMENDING THE 1994 BUDGET AND APPROPRIATING FUNDS FOR PREPARATION OF A YAKIMA INTERURBAN LINES PLAN An ordinance amending the 1994 budget and appropriating funds for the preparation of a Yakima Interurban Lines Plan, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 94 - 16, AN ORDINANCE amending the 1994 budget for the City of Yakima; and making an appropriation of $29,500 in the Trolley (Yakima Interurban Lines) Fund for expenditure during 1994 for preparation of a Yakima Interurban Lines Plan. 18. OTHER BUSINESS I/ Council Member Buchanan asked Council members to sign a letter indicating Council's unanimous decision to attempt to retain radar in Yakima. Council members indicated they would sign the letter following the Council meeting. 6 • 247 APRIL 1994 Information Items: Items of information supplied to Council were: April 12, 1994 I -82 /Yakima Avenue Interchange and Fair Avenue Project Design /Access Hearing outline; Notice of meeting of Westside Merchants on April 10, 1994; Memorandum from County Director of Planning regarding Upcoming Meetings on Economic Development Plan. 4/7/94; Agenda for April 14, :L994 Hearing Examiner meeting; Notice of Special Yakima Health District Board of Health meeting on April 14, 1994; March 19'94 Monthly Project Progress Report for the Yakima Railroad Area; March 1994 Traffic Engineering Citizen Request and Activity Report; Memorandum from Legal Department Assistant regarding Damage Claims Referred to :Insurance Company. 4/1/94; Press Release regarding new hours for Code Administration and Planning Division; Letter from Child Care Referral Service transmitting Family Life Skills Committee letter. 4/5/94; First Quarter 1994 Y -PAC Production Report; Minutes of the March 1, 1994 Yakima County Substance Abuse Coalition.meeting; Trolley Ridership March 1994 Monthly Report; Let's Stop Killing Kids News Alert, March 31, 1994, Issue No. 1; Letter from Yakima County Substance Abuse Coalition regarding 11th Annual National Night Out Against Crime and Drugs. 4/6/94; COG Newsletter, April 1994; Solid Waste Central, Department of Ecology newsletter, Volume 1, Issue 2; Environmental Outlook, Institute for Environmental Studies, University of Washington, Volume 22, No. 4, April 1994; Article from March 31, 1994 Journal American, "Bellevue Center $700,000 • Off Course°1 and Article from the April. 7, 1994 Yakima Herald- Republic, "Government Often Hurts States." • 19. EXECUTIVE SESSION REGARDING PENDING LITIGATION (FORD VS. CITY) It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY TEN MINUTES FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION, WITH ADJOURNMENT IMMEDIATELY THEREAFTER. The motion carried by unanimous voice vote; Berndt absent. • • 7 248 APRIL 12, 1994 20. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 3:15 p.m. READ AND CERTIFIED ACCURATE BY • /- `° -- OUNCIL MEMBER DATE COUNCIL MEMB R 4/49(1( R ATE ATTEST: � ' 7�9 - CITY CLERK ASSISTANT MAYOR An audio and video tape of this meeting are available in the City Clerk's Office • 1 8