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,
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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
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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,
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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.
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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
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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.
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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."
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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.
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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
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