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HomeMy WebLinkAbout12/20/1994 Business Meeting 57- CITY OF YAKIMA, WASHINGTON DECEMBER 20, 1994 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, Mayor Pat Berndt, presiding, Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger, Bill Brado, Lynn Buchanan, and Bernard Sims (present after 2:48 p.m.) present on roll call. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Police Officers Steve Morkert, Wayne Haubrich, Dave Kellett, Terry Roberts; and Andy Voline were recognized for their exceptional service in reporting a house fire and evacuating the residents out of the burning house. Nancy Gaudette, Refuse and Recycling Manager, announced the upcoming 5th Annual Christmas tree recycling program will take place at Chesterley Park on January 7 and 14, 1995. This activity is a joint effort between the Parks and Recreation Division, the Refuse Division, employees from Pacific Power and Light, and volunteers from Prime Time. Council Member Brado referenced a letter from a citizen regarding discontinued transit services. This was referred to staff for a response. 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or I/ deletions from either Council members or citizens present. It was the general consensus to removed Items Nos. 17, 19, and 29 from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, THAT THE CONSENT AGENDA, AS AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote; Sims absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 58: DECEMBER 20, 1994 *5. APPROVAL OF THE MINUTES OF THE NOVEMBER 1, 1994 BUSINESS MEETING AND NOVEMBER 22, 1994 ADJOURNED MEETING (BUDGET REVIEW) The minutes of the November 1, 1994 Business meeting and November 22, 1994 Adjourned meeting, were approved, having I/ been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. SPECIAL PRESENTATION TO FIREFIGHTERS -- WASHINGTON STATE COUNCIL OF FIREFIGHTERS AWARD FOR SUPPORT OF PUBLIC TV Al Chronister, Yakima Fire Chief, announced the Yakima Fire Fighters Association is being presented an award for its sponsorship of the largest fund raiser for public television (KYVE television) in their service area. Kelly Fox, Washington State Council of Fire Fighters, recognized Yakima Fire Fighters Local 469 for their efforts to promote goodwill within the community. Ron Johnson, President of Local 469, provided a brief history of the traditional spaghetti feed held at Station One. He thanked the Council for use of the facilities and those who have donated their time and effort. Mayor Berndt congratulated them for their efforts and for the great job they are doing. 7. SPECIAL PRESENTATION OF CITY EMPLOYEE 20 YEAR SERVICE AWARDS Archie Sutton, Personnel Officer, presented Service Awards to 23 City employees from various divisions with 20 years of service or more. Code Administration Michael Gaudette 25 years Police Department William T. Verran 25 years Charles H. Stacy 25 years William V. Dizmang 25 years Larry Kilpatrick (absent) 20 years Neva L. Bowden 20 years Katherine Arington 20 years Fire Department B. Eugene Martin (absent) 30 years Larry Morehouse 25 years Douglas Berndt 25 years Jerry Cecil 25 years Douglas Gordner 25 years I/ Ronald Thomas 25 years Richard Bowman 20 years Customer Service Bert Tabayoyon 20 years Parks & Recreation Larry Rathjen 20 years 2 59 DECEMBER, 20, 1994 Traffic Engineering James Bond 25 years Streets Joesph L. McWain 25 years Robert Hamilton 20 years I/ Transit William Payton (absent) 20 years Public Works Kenneth Kohagan 25 years Water Division James Henness 30 years Wastewater Division Genie Booher 20 years 8. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION ON REZONE OF PROPERTY AT 3416'SUMMITVIEW, REQUESTED BY ALISON AND BILL MacLEAN This being the time set for the public meeting, Larry Lehman, Associate Planner, referenced the rezone request as summarized in the staff report. The staff recommendation is to accept the Hearing Examiner's recommendation to deny the application to rezone property located at 3416 Summitview Avenue from Single Family Residential (R -1),to Local Business District (B -2). Mayor Berndt opened the public meeting and reminded everyone that only existing evidence of record will be allowed; this • is information, facts,, or testimony previously presented to staff or the Hearing Examiner. No new facts will be allowed. At this time, Mayor Berndt asked if any one wished to speak in favor of the rezone. There being no one, she asked if any one wished to speak against the rezone. Fred Andrews, 3310 Summitview Avenue, a long time resident who lives in close proximity to the applicant's property, spoke in opposition to the rezone. He expressed concern about incremental expansion of the business district and the adverse impact to the residential character of the neighborhood. Bessie Ferguson, 3406 Summitview Avenue, objected to the rezone and concurred with Mr. Andrews' comments. Mayor Berndt asked if anyone else wished to comment about this rezone request. There being' no one, she closed the I/ public meeting. It was MOVED BY BERGER, SECONDED BY SIMS, TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION TO DENY THE REZONE APPLICATION. The motion carried by unanimous voice vote. 3 6 0. DECEMBER 20, 1994 9. PUBLIC MEETING ON HUD CONSOLIDATION PLAN This being the time set for the public meeting on the HUD Consolidated Plan, Dixie Kracht, Block Grant Manager, explained the report is a combination of the Comprehensive Housing Affordability Strategy (CHAS) document, the Community Development Plan, and the annual application entitlement for I/ both the Home and the Block Grant programs. It is a comprehensive document addressing community needs and includes the Neighborhood Improvement Program and the Irrigation Capital Improvement Project. Also available to answer questions were Vaughn McBride, Housing Planner with the City of Yakima, Bruce Bullamar, with the Housing Foundation, and Jim Adamski, with the Housing Authority. Council Member Barnett requested back -up information for the $308 million Priority Community Development Needs table, which includes $100 million for youth centers (pages 34 and 35 of the report). Ms. Kracht explained the planning document includes input from various agencies. The youth center projection is for the Yakima Urban Area (Wapato, Toppenish, and Mabton). It is a five -year strategy and includes costs for capital improvements and support services. Agencies use this documentation to apply for funding. Council Member Buchanan questioned the figure total. Mr. McBride explained these figures are the result of the HUD generated summary document. He explained the software program has inconsistencies. Ms. Kracht indicated the correct figures would be manually included. Council Member Brado referenced page 8 of the report. He questioned the percentages used for extremely low and very low income people and asked whether those who wouldn't have to pay housing costs because they own their own home were included in the statistics. Ms. Kracht indicated that was a true factor. She also responded to another question from Council Member Brado regarding overcrowded conditions. She defined large related households or households with related persons within them. The correct assumption is that they are related to the family although they are not in the family group. For example, the mother -in -law, after the father -in- law dies, moves in; that's a related person. This is considered overcrowded because that person would have lived I/ in a different home. Council Member Brado also asked questions concerning substandard housing and problem housing. Ms. Kracht explained the main difference is the lack of plumbing, basically it means outdoor facilities. She explained that under the minimum Housing Code, requirements include a water closet, a bath facility, whether that's a shower and bathtub, 4 61 DECEMBER 20, 1994 and a wash basin. Census would determine a substandard bathroom as not having those three' components. Council Member Brado referenced page 14 of the report and questioned the existence of a vacancy problem and whether the I/ vacancy factor of 2% was a current statistic. On page 26 it lists a 3% vacancy factor. He estimates the figures to .be much higher, around 5.5 to 6 %. Ms. Kracht pointed out that affordability is different than vacancy because the very low income persons can not afford the advertised rental cost. Council Member Brado explained the trickle down theory; there was discussion about various rent subsidies. Referencing page 20, the Fair Market Rent (FMR), Council Member Brado asked what timeframe was considered when these figures were checked. There was continued discussion concerning housing costs and fair market rent. Jim Adamski explained the fair market rents determined by the federal government are factored toward the local economy. Council Member Buchanan asked if current fair market rates would be incorporated into this document to update it. Mr. McBride commented that when HUD reads this document they will read the programs based on 1992 figures; HUD is aware from their own data that those rates have dropped. Ms. Kracht emphasized that this report is a planning document and it will be revised on an annual basis. Council Members Barnett, Brado, and Buchanan pointed out that inaccurate information should be corrected, and the report should be proofread. Council Member Barnett raised some questions regarding funding for the sewer collection system, which is only conceptional and questioned whether the funding is conceptual also. Mr. McBride explained the program set up by the City's Wastewater Division is separate from this document. Since that plan had already been conceptualized and application made for its implementation, it was included as an indication of the comprehensive makeup in an effort to address the problems in the community. Glenn Valenzuela, Director of Community and Economic Development, pointed out that the Council would decide whether to implement the sewer collection system. Council Member Buchanan asked what the correlation is between the numbers of the homeless. On page. 14, annual figures are I/ used (3,000 people spent the night in homeless shelters) and then at the bottom of the page, it references only 165 or 150. Ms. Kracht explained the correlation is that the 1990 Census data is completely wrong. Mr. McBride explained the figures are based on the number of beds. Council Member Buchanan urged the term beds be used to accurately indicate the information. Council Member Buchanan then referred to page 54, concerning the subject of lead base paint removal. That should be changed to include the technique to cover the 5 62 DECEMBER 20, 1994 lead base paint in place rather than to remove and dispose of it. Mayor Berndt commented that some of the problems in the very low income realm of housing and requirements of HUD's reporting systems are confusing and overstate the circumstances. This tends to delete the effectiveness of the rest of the document. She suggested a concerted, cooperative effort is needed to truly address the concerns without the inclusion of broad statements in the document that tend to diminish the relevance of the problem. Ms. Kracht explained that a lot of the data is required to be included in the document, even though it may be outdated. It is a universal, nationwide format requirement. She suggested a document in layman's language be created to be used in the local planning process that includes regional problems and needs. There were continued comments from Council members concerning the inaccuracies of the document containing required Census information. Discussion continued about the need for affordable housing for the extremely high number of people with very low incomes in the Yakima area. There were comments about how additional regulations affect affordable housing costs. At this time, Mayor Berndt asked if any citizens would like to comment about the draft Consolidated Plan. Lee Arnett, with Yakima Valley Rental Association, suggested the Table of Contents be corrected to coincide with the report's page numbers. He also disagreed with the vacancy rate figures in the document. The report should reflect that there is no lack of rentals available, and there are some units available with very low rental rates. He also urged current figures to be used to reflect recent changes in the rental market. The figures supplied by HUD are old and are not valid. There was a considerable amount of discussion concerning the inaccuracies of the figures required to be used in the HUD document. Betty Gaudette expressed concern about the amount of funds used for housing needs or businesses. She would like to see some of the neighborhood needs addressed instead of so much used for housing. Jerry Sturgill, with United Builders and the Local Government I/ Affairs Chairman of the Homebuilders Association, described this document as confusing and conflicting. Market values exceed the affordable levels of low to moderate income households. The existing policies instituted by the City and County in relationship to the infrastructure standards makes 6 63 DECEMBER 20, 1994 housing developments unaffordable for the low and moderate income clientele that would benefit Hector Franco, 24 South 3rd Avenue, commented that HUD should not be blamed because there is a problem in the Yakima Valley, particularly in the Southeast 'Community. The I/ c Hispanic people do not live on the westside because they probably would not be received very well. This situation needs to be looked at. He described the overcrowded conditions where two families live in one house. Housing units need to be developed at a price that is affordable in the Southeast Community. Maud Scott, 309 Union, expressed concern about the overall condition of the block grant process. All of the funding in recent years has been given to housing, individual properties and persons, while .ignoring the area as a whole. She stated she understood Mr. Franco's concern for the population he's speaking.of:,. but the problem.is:throughou_t. the city. The neighborhoods that are most impacted by the low income populations should be given top priority. Attention should also be given to'infrastructure needs, such as the irrigation and sewer systems in these areas. This would encourage more people to improve their property. Ms. Scott opposed the $100 million for a youth center listed in the report. She also urged Council to allocate some block grant funds for development of continuing adult education and youth activities centers. She suggested the Washington Middle School building be used for this purpose and requested the Council involve itself in this issue. To conclude her comments, Ms. Scott stressed how important it is to find solutions to these problems. Even though this document includes conflicting information, it effectively identifies the::primary.problems. Mayor Berndt asked if anyone else wished to speak. There being no one, she closed the public meeting. Mayor Berndt requested an appropriate statement be added to the document that the builders are sensitive to the issue of affordability, but it is not economically feasible.due to high land costs and the large number of people in the area with very low incomes. • I/ Council Member Brado pointed out that the zoning ordinance is working quite well for the urban area as a whole; changing the zoning ordinance would not solve these problems. • Council MemberBarnett. explained that.. the other_hand, an appropriate mitigation type process is needed to address conflicts between neighborhoods and the builders. 7 64 . DECEMBER 20, 1994 Ms. Kracht directed attention to the importance of flexibility in building standards in order to address the barrier of affordable housing. Mayor Berndt recognized two ways to address the issue. A group will be formed, to consider these issues comprised of neighborhood citizens, Council members, and representatives from the building community. Also, during the budget session some of these standards need to be reviewed; perhaps between those two processes, creative ways can be developed to allow the builders to build affordable housing, such as using community block grant funds to help build some sidewalks. Council Member Buchanan pointed out that typographical errors should be corrected and phrases changed to reflect regions within the City, instead of the whole county. Council Member Sims expressed frustration about expanding language in this document to include regional housing and excluding some areas within the city. He also disagreed with the request that the Council approve a document which partially should be handled at the County level. Council Member Buchanan reminded everyone that only the City of Yakima Community and Economic Development funds can be used for the two entitlement programs included in this document, the Home and the Block Grant Entitlement Program. Council Member Barnett asked why are we approving a document that is beyond our authority. Council Member Sims referred to numerous entities now under the umbrella of the Housing Foundation that are trying to coordinate housing opportunities. He asked if HUD is mandating the consolidation of regional programs. Ms. Kracht responded to the questions by explaining the City's Housing Division is basically the parent company of all the housing agencies -- the parent CHAS consolidating plan holder. She further explained the City of Yakima has no control over the agencies named in the document that serve people outside the City of Yakima. Council Member Buchanan commented that the County should be handling it, not the City. I/ Staff was directed to bring the plan back after the first of the year with some recommendations. Ms. Kracht requested Council to approve the budget contained in the document so application can be made for the two entitlement programs. 8 65 DECEMBER 20, 1994 It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO APPROVE THE BUDGET WITHIN THIS DOCUMENT' (ON PAGE 41) AND THAT STAFF COME BACK AND REVIEW THE OVERALL DOCUMENT AFTER THE FIRST OF THE YEAR. The motion carried by 4 -3 roll call vote; Barnett, Brado and Buchanan voting nay. Council Member Buchanan requested a copy of this budget for the next I/ Council meeting. 10. AUDIENCE PARTICIPATION Hector Franco spoke in opposition to the proposed acquisition of property in the CBD area. He suggested the money be spent on a community center by Washington Middle School. Larry Mathews 805 South 17th Avenue, requested Council Member Barnett assist his neighborhood community by asking the Postal Service not to relocate the substation currently located at llth Avenue and Tieton Drive to Nob Hill Blvd. He also supports Mr. Franco in the need of a community center. Earl Lee, 16 North llth Street, advised Council about a violation of procedures in the removal of asbestos in the Gateway Project. He asked the City review the site. Council referred the matter to the Code Administration office for follow -up. Pat Sullivan, TRIPS, registered a public protest about the handling of her request to schedule a meeting with the Mayor. City Manager Zais stated it was not his intent to sound like he was harassing Mrs. Sullivan and apologized. Mrs. Sullivan was invited to attend the next PTBA meeting. 11. REPORT FROM TRAFFIC ENGINEERING AND POLICE REGARDING CITIZENS PETITION RELATING TO ENGLEWOOD AVENUE Shelley Willson, Supervising Traffic Engineer, referred to the staff report and was available to answer questions. Council Member Brado asked if the comprehensive corridor study would be done by City employees. He stressed the importance of working with the neighborhood to develop a solution. Council Member Sims invited the petitioners to explain their 1/ position. Ralph Thomas, 5206 Englewood Avenue, reviewed their December. 12, 1.994 letter on the Englewood Avenue traffic study. In that letter, the citizens requested stop signs at 48th and 53rd Avenues, and a bike path if no stop signs were installed. Bill Hake, 5302 Englewood Avenue, agreed with the long -term traffic calming devices included in the staff report. 9 66 DECEMBER 20, 1994 However, he requested immediate relief. He provided traffic information about this segment of Englewood Avenue, emphasizing the negative impacts of cut through traffic. He urged stop signs be installed. John Hutton, 6402 Englewood Avenue, described the heavy traffic on Englewood Avenue which has adversely impacted pedestrians. He directed Council's attention to other neighborhoods that have requested and received stop signs on streets where the traffic count did not meet the MUTCB I/ guidelines. It is not safe for school children waiting to catch the school bus and something needs to be done to slow down the traffic. Jim Miller, 47th and Englewood, described the changes in this area regarding the amount of traffic. U-turns are very frequent along Englewood Avenue, as is excessive speed. Greg Williams, 4107 Englewood Avenue, also described the heavy amount of traffic on this street, which has negatively impacted this everyday lifestyle. Excessive speed has created a very unsafe situation for bicyclists and pedestrians. He would at least like a stop sign at 44th Avenue. Bob Talcott, 5602 Englewood Avenue, explained that the stop sign at 56th Avenue blocks his driveway. He is willing to live with that because after the additional stop signs have been installed, it will alleviate the problem since the traffic will go back to Summitview. Helen Corpron, 56th and Englewood Avenue, described the heavy amount of traffic and the large number of accidents which have occurred on this street. She also described how the traffic has negatively impacted the neighborhood and changed their everyday lifestyle. She opposed parking on Englewood; there should be stop signs at many of the suggested places, particularly at 56th and Englewood Avenues. Marvin Nelson, 5205 Douglas Drive, encouraged the Council to continue the traffic study and supported the Engineering Division's recommendation. He described a serious problem with large vehicles traveling on Englewood Avenue. Bob Flake, 5006 Englewood Avenue, expressed concern that the traffic problems described would lower property values. He supported the idea to install stop signs to slow the traffic. I/ Council Member Sims asked what the estimated cost would be to create the 7 -foot gravel strip between 40th and 66th Avenues. Ms. Willson explained the gravel strip would only go to 66th Avenue where it meets County property. The roadway is cut into the hill and there is no place to put a shoulder in that location. It can go to 56th Avenue or a couple of blocks 10 67 DECEMBER 20, 1994 past. No cost estimate, has been done; only a survey of the area to determine the location of 'needed improvement. After continued questions, answers and comments among Council Members and staff, it was MOVED BY SIMS, SECONDED BY BARNETT, TO IMPLEMENT THE FIVE CITIZEN RESIDENT I/ RECOMMENDATIONS. After a brief flurry of discussion concerning the recommendations, Council considered the individual requests as listed in the report. It was MOVED BY SIMS, SECONDED BY SIMS, TO CONTINUE THE INCREASED TRAFFIC ENFORCEMENT OF VEHICLE SPEEDING ON ENGLEWOOD BETWEEN 40TH AND 66TH AVENUES. The motion carried by unanimous voice vote. It was MOVED BY SIMS, SECONDED BY BARNETT, TO REDUCE THE SPEED LIMIT TO 25 MPH. The motion carried by 5 - 2 voice vote; Brado and Buchanan voting nay. It was MOVED BY SIMS, SECONDED BY BARNETT, TO INSTALL. LARGER.. SPEED.. LIMIT. SIGNS... The motion .carried by unanimous voice vote. It was MOVED BY SIMS, SECONDED BY . BERGER, TO INSTALL A STOP SIGN AT THE INTERSECTION OF 56TH AND ENGLEWOOD. The motion carried by 6 -0 voice vote; Barnett abstaining. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO INSTALL A STOP SIGN AT THE INTERESECTION OF 48TH AND ENGLEWOOD. The motion failed by 2-4 voice vote; Berndt, Beauchamp, Brado, and Berger voting nay; Barnett abstaining. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO INSTALL A STOP SIGN AT THE INTERSECTION OF 44TH AND ENGLEWOOD. The motion carried by 5 -1 voice vote; Brado voting nay; Barnett abstaining. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO INSTALL A STOP SIGN AT THE INTERSECTION,' 52ND AND ENGLEWOOD. The motion failed by 2 -4 voice vote; Berndt, Berger, Brado, and Beauchamp voting nay; Barnett - .abstaining. .,_,.Mayor Berndt stated that by the end of six months if the other two stop signs are still necessary, she would like to hear from the neighborhood again. It was MOVED BY SIMS, SECONDED BY BARNETT, TO CONTINUE THE LONG TERM COMPREHENSIVE STUDY. The motion carried by unanimous voice vote. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO 'GRAVEL THE SHOULDER. The motion carried by unanimous voice vote. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PAINT EDGELINES. The motion carried by unanimous voice vote. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO INSTALL NO PARKING ON SHOULDER SIGNS ON THE SOUTH SIDE OF ENGLEWOOD. The motion carried by unanimous voice vote. I/ *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH YAKIMA COUNTY DEVELOPMENT ASSOCIATION FOR PROFESSIONAL ECONOMIC DEVELOPMENT SERVICES RESOLUTION NO. R - 94 - 160, A RESOLUTION authorizing the City Manager and the City Clerk to enter into a contract with the Yakima County Development Association for public sector services. 11 66 DECEMBER 20, 1994 *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INDEMNIFICATION AGREEMENT WITH YAKIMA INTERURBAN LINES ASSOCIATION FOR 1995 RESOLUTION NO. R - 94 - 161, A RESOLUTION authorizing and directing the City Manager to execute a lease and operating agreement with Yakima Interurban Lines Association, Inc. for electric railway street car operation for 1995. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH JOHN TIMM FOR PROPERTY APPRAISAL OF FIRE STATION NO. 2 AND OTHER CBD PROPERTY RESOLUTION NO. R - 94 - 162, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to obtain professional real estate appraisal services relating to potential purchase and sale transactions for property within the city. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH M & M CATERING FOR YAKIMA CONVENTION CENTER RESOLUTION NO. R - 94 - 163, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a concessionaire agreement between the City of Yakima, the Yakima Valley Visitors and Convention Bureau, and M & M Catering Services, Inc. to obtain food service and concessions at the Yakima Convention Center. *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH JUDY LEBENS, R.N., TO PROVIDE FOOTCARE SERVICES AT THE SENIOR CENTER RESOLUTION NO. R - 94 - 164, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Judy Lebens, R.N., to provide footcare services at the Yakima Senior Center. *17. CONSIDERATION OF RESOLUTION ACCEPTING DONATION OF RIGHT -OF- WAY IN VICINITY OF LAKE ASPEN RESOLUTION NO. R - 94 - 165, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute acceptance of the donation of property from Harlan Dunn and Rod Knipper to the City of Yakima for public right -of -way. *18. CONSIDERATION OF RESOLUTION ADOPTING THE 1995 PARKS AND I/ RECREATION FEE SCHEDULE RESOLUTION NO. R - 94 - 166, A RESOLUTION adopting a 1995 schedule of fees for recreational activities of the City of Yakima Department of Public Works, Division of Parks & Recreation. 12 69 DECEMBER 20, 1994 19. CONSIDERATION OF RESOLUTION ADOPTING THE 1995 TRANSIT FARE SCHEDULE.' The proposed resolution having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. Following comments, from Council members both 1/ for and against the Transit fare proposal, the question was called for a vote on the motion. The motion failed by 3 -4 roll call vote; Barnett, Beauchamp, Berger, and Brado voting nay. City Manager Zais indicated that Agenda Item 26, the Budget, will be adjusted to reflect this vote, because the revenue estimate was incorporated into the budget. *20. APPROVAL OF RIGHT -OF -WAY USE PERMIT TO PROVIDE ADA RAMP AT 128 NORTH 2ND STREET, REQUESTED BY YAKIMA COUNTY PUBLIC WORKS The Right -of -Way User Permit to provide an ADA ramp at 128 North 2nd Street (Yakima County Courthouse), requested by Yakima County Public Works, was approved. *21. APPROVAL OF THIRD QUARTER 1994 TREASURY REPORT The Third Quarter•1994 Treasury Report .was approved: *22. APPROVAL OF REVENUE AND EXPENDITURE REPORT FOR NOVEMBER 1994 The Revenue and Expenditure Report (Budget Report) for November 1994 was approved. *23. SET DATE OF. PUBLIC HEARING FOR JANUARY 10, 1995 ON THE ADA TRANSIT PLAN January 10, 1995 was set as the date of public hearing on the ADA Transit Plan. 24. CONSIDERATION OF ORDINANCES RELATING TO CITY LABOR SETTLEMENTS: A. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PAY PLAN FOR AFSCME, AFSCME TRANSIT, FIRE LEOFF, FIRE PERS, YPPA AND CITY MANAGEMENT /SUPERVISORS AND EXEMPT EMPLOYEES 1/ The proposed ordinance was read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. Mayor Berndt reconsidered her vote to nay. The motion failed by 3 -4 roll call vote; Barnett, Berger, Berndt,. and Brado voting nay. • B. ORDINANCE AMENDING COMPENSATION AND BENEFITS PLANS FOR MANAGEMENT, SUPERVISORY AND UNION EXEMPT EMPLOYEES No Action was taken on this item. 13 70 DECEMBER 20, 1994 25. CONSIDERATION OF LEGISLATION IMPLEMENTING COUNCIL DELIBERATIONS AND DECISIONS ON THE 1994 WASTEWATER COST OF ' SERVICE STUDY: A. RESOLUTION ADOPTING 1994 WASTEWATER COST OF SERVICE AND RATE STUDY 1/ Resolution No. R -94 -167 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by 6 -1 roll call vote; Sims voting nay. RESOLUTION NO. R - 94 - 167, A RESOLUTION adopting the 1994 Wastewater cost of Service and Rate Study for the City of Yakima, Washington. B. ORDINANCE RELATING TO RATES AND CHARGES AND FEES FOR PRE - TREATMENT PROGRAM ACTIVITIES FOR INDUSTRIAL (NON - DOMESTIC) USERS Ordinance No. 94 -78 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by 6 - 1 roll call vote; Brado voting nay. ORDINANCE NO. 94 - 78, AN ORDINANCE relating to rates, charges and fees for pretreatment program activities for industrial (non- domestic) wastewater discharged to the wastewater treatment systems of the city of Yakima; amending section 7.65.110 of the Yakima Municipal Code; and providing for related matters. C. ORDINANCE RELATING TO PUBLIC SERVICES AND UTILITIES; INCREASING SEWER READY -TO -SERVE CHARGES, VOLUME CHARGES AND STRONG WASTE SURCHARGE RATES FOR OWNER AND NON- OWNER RETAIL CUSTOMERS; INCREASING SEPTAGE CHARGES; AMENDING INDUSTRIAL WASTE SEWER CHARGES; AND AMENDING THE WATER /SEWER TAX Ordinance No. 94 -79 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. The motion carried by 6 - 1 roll call vote; Brado voting nay. ORDINANCE NO. 94 - 79, AN ORDINANCE relating to public services and utilities; increasing sewer ready -to -serve charges, volume charges, and strong waste surcharge rates for owner (inside city) and non -owner (outside city) retail I/ customers; increasing septage charges; amending industrial waste sewer charges; amending water -sewer tax; amending Sections 7.12.010, 7.12.020, 7.12.030, 7.60.010, 7.60.020, 7.63.010, 7.63.020, 7.63.030, 7.63.040, 7.63.050, and 7.64.010; and adding as a new section Sections 7.60.025, all of the City of Yakima Municipal Code. 14 71 DECEMBER 20, 1994 26. CONSIDERATION OF ORDINANCE ADOPTING A BUDGET FOR 1995 City Manager Zais summarized and explained some of the major changes to portions of the budget. Ordinance No.. 94 -80 having been read by title, it was MOVED BY SIMS, SECONDED I/ BY BUCHANAN, TO PASS THE ORDINANCE. There was discussion concerning adjustments and costs in the budget, including changes to reflect the decrease in revenue related to Item No. 19 on today's agenda. The question was called for a vote on the motion. The motion carried by 6 - 1 roll call vote; Brado voting nay. ORDINANCE NO. 94 AN ORDINANCE adopting a budget for the City of Yakima, Washington, for the year 1995; and making appropriations for estimated expenditures. 27. CONSIDERATION OF ORDINANCE AMENDING THE REFUSE RATE FEES Ordinance No. 94 -81 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by 6 -1 roll call .vote; Brado voting nay. Council Member Barnett pointed out that this rate increase does not include any increase in yard service; however, the information indicates the expenditures exceed the revenues for service. He asked whether or not there should be a consideration or summary adjustment of funds. Council Member Brado stated that if the capital improvements cost weren't so high, then rates for basic services would not have to be increased. ORDINANCE NO. 94 - 81, AN ORDINANCE relating to health and sanitation; adjusting fees for various services for garbage storage, collection, and disposal; and amending City of Yakima Municipal Code Section. 4.16.140. *28. FIRST READING OF ORDINANCE AMENDING THE 1994 BUDGET AND APPROPRIATING FUNDS FOR FIRE RELIEF AND PENSION FUND EXPENSES (NO ACTION REQUIRED THIS MEETING) An Ordinance amending the 1994 budget and appropriating funds for medical costs in the Firemen's Relief and Pension Fund, having been read by title only, was laid on the table until January :.10,.1995. I/ 29. CONSIDERATION OF ORDINANCE INITIATING EMINENT DOMAIN PROCEEDINGS FOR THE I -82 /YAKIMA AVENUE GATEWAY PROJECT Council Member Barnett submitted a letter to the City Clerk from Rand Elliott opposing this legislation. Dennis Covell, Director of Engineering & Utilities, explained the purpose of this proposed ordinance. This legislation provides a tool, if necessary, to enable the City to file Eminent Domain Action if negotiations with the property owner are at impasse. Mr. Covell emphasized the City will adhere to all 15 72 DECEMBER 20, 1994 right -of -way acquisition procedures of the State (an appraisal and negotiation) and this action does not deprive property owners of due process. City Attorney Paolella provided legal explanation concerning the time frame and the legal proceedings for the condemnation and acquisition of real property for the Gateway Project. There was continued discussion concerning how this process, which would be a last resort, might affect the time schedules of the project and I/ any final action would have to be approved by the Council. The proposed ordinance having been read by title, it was MOVED BY SIMS, SECONDED BY, BERNDT, TO PASS THE ORDINANCE. The motion failed by 1 -6 roll call vote; Berndt voting aye. 30. OTHER BUSINESS Referring to Item No. 24, Labor Settlements, City Manager Zais commented that the motion and ordinance submitted to Council incorporated all of the proposals including current contractual obligations. After an exchange of ideas among Council Members concerning segregating Union and Management compensation requests, it was MOVED BY BERGER, SECONDED BY BARNETT, THAT THE MANAGEMENT COMPENSATION REQUEST BE CONSIDERED SEPARATELY FROM THE UNION OR BARGAINING UNITS. The motion carried by 5 -2 voice vote; Berndt and Sims voting nay. It was emphasized that the Union compensation section of the ordinance would have to be segregated from Management's section. Ordinance No. 94 -77 having been read by title excluding increased compensation for management, supervisory, confidential and union exempt employees, City Manager Zais explained that the combination ordinance includes AFSCME, Police and Fire LEOFF, and Fire PERS; it is a consolidated ordinance based on all of the negotiated agreements that have been put into place at this point. It was MOVED BY BEAUCHAMP, SECONDED BY BERGER, TO APPROVE THE AMENDED ' ORDINANCE (EXCLUDING MANAGEMENT, SUPERVISORY, CONFIDENTIAL AND UNION EXEMPT EMPLOYEES). The motion carried by 4 -3 roll call vote; Berndt, Brado, and Sims voting nay. It was MOVED BY BEAUCHAMP, SECONDED BY BRADO, TO TABLE THE MANAGEMENT PROPOSAL UNTIL THE NEXT MEETING. The motion carried by 5 - 2 voice vote; Berndt and Buchanan voting nay. ORDINANCE NO. 94 - 77, AN ORDINANCE relating to City personnel adopting a classification and compensation plan for City employees to be effective January 22, 1995; amending Subsections 2.20.100 A, 2.20.100 C, 22.20.110 A, 2.20.110 F, I/ 2.20.110 G, 2.20.110 J, 2.20.110 K, 2.20.110 M; and adding new Subsection 2.20.100 E, all of the City of Yakima Municipal Code. 16 73 DECEMBER 20, 1994 • Information Items: - Items of information provided to Council were: Street Fund Review Committee Report to Council; News Release regarding I/ Public Meeting on Yakima Transit Americans with Disabilities Act Comparable Transportation Plan Update. 12/14/94; Traffic Engineering Citizen Request and Activity Report for November 1994; Monthly Report of the Chief of Police for November 1994; Assignments Pending in Office of Environmental Planning as of December 20, 1994; Memorandum from Acting Parks Division Manager regarding Gailleon Park Canal Cover; Certified Building Inspectors certificates issued to Alice Klein and Katherine Kohl and Certified Plans Examiner certificate issued to Nancy Danko; Labor Area Summary for Yakima; October 1994; Minutes of the November 17, 1994.Yakima'Air Terminal Board meeting; and Newspaper article, "Many Cities Ripping Out Pedestrian Mall Experiments." 31. EXECUTIVE SESSION REGARDING PROPERTY ACQUISITION No Executive Session was held. 32. ADJOURNMENT The meeting adjourned at 6:00 p.m. READ AND CERTIFIED ACCURATE BY: r7,-0 .G, ee7e" A---e- ?•S COUNCIL MEMBER / DATE CO CIL MEMB DATE ATTEST: ldJ1�z (/2,43,t, CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are available in the City Clerk's Office 17