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Home My WebLink About04/04/1995 Business Meeting 177 CITY OF YAKIMA,WASHINGTON APRIL 4, 1995 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, and Lynn Buchanan, present on roll call. Council Member Bernard Sims absent and excused. 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) It was MOVED BY BERGER, SECONDED BY BARNETT, TO MOVE THE TRANSIT AND DIAL -A -RIDE AGENDA ITEM SCHEDULED FOR APRIL 11, 1995 TO THE APRIL 25, 1995 AGENDA. The motion carried by unanimous voice vote; Sims absent. The purpose of this change is to give staff more time to respond to questions and concerns that were raised. Council Member Buchanan reported the status of the Bill before the State Legislature which would allow the City to combine its 65 irrigation districts. He attended the hearing held last week before the House Government Operations Committee in Olympia. Comments after the hearing'appear very positive toward eventual passage of the Irrigation Bill sponsored by Senator Deccio. It has already progressed through the Senate. City Manager Zais reported good news on the status of the Room Tax issue that recently went before the House Trade and Commerce Committee. After arguing their position, both Kathy I/ Coffey, Director of the Yakima Valley Visitors & Convention Center, and Mr. Zais successfully convinced the Committee to include the amendments that would allow continuation of the current 2% from the State to be credited toward future bonded indebtedness. The bill, as amended, still faces future action by the Legislature. 178 APRIL 4, 1995 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. Mayor Berndt announced that Item No. 8 was removed from the 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 READ, 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.) *5. APPROVAL OF THE MINUTES OF THE MARCH 14, 1995 BUSINESS MEETING AND NOVEMBER 29, 1994 SPECIAL MEETING The minutes of the March 14, 1995 Business meeting and November 29, 1994 Special meeting, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. SPECIAL PRESENTATION BY SEAFIRST BANK REGARDING PEOPLE OF DREAMS -- FIRST TIME HOMEBUYERS Dixie Kracht, Block Grant Manager, introduced Regina Colestock, Vice President and Manager, Seafirst Bank Affordable Housing Program. Ms. Kracht commended them on the first time homebuyer's program they brought to the community. Ms. Colestock introduced Lee Spearin, Manager of Yakima Housing Resource Center for Seafirst Bank, and Angela Gallegos, who provided translation services. The common goal of both agencies is to create homeowners from those who have participated in the People of Dreams program. Homeownership opportunities for low to moderate income applicants, as well as training in purchasing a home and maintaining it are included in the program. 7. AUDIENCE PARTICIPATION Dan Arnett, representing the Greater Yakima Chamber of Commerce, reminded the community about the activities occurring during Spring Clean -up Week, involving the Alley Cats and the Substance Abuse Coalition. He also announced the "free" dump day on April 22, 1995. I/ 8. CONSIDERATION OF REQUEST FOR COUNCIL DIRECTION REGARDING STREET COMMITTEE RECOMMENDATIONS This item was removed from the agenda and was not discussed. 2 179 APRIL 4, 1995 9. REPORT REGARDING LARRY MATHEWS',INQUIRY REGARDING ENFORCEMENT OF PAYMENTS FOR SEWER UTILITY SERVICES Council Member Buchanan questioned the validity of pumping a septic tank numerous times to avoid connecting to the sewer when the drainfield quits and the septic system fails. Chris Waarvick, Wastewater Superintendent, explained the I/ Health District will allow a certain level of remediation for that site until the drainfield actually fails. Council Member Barnett explained that if the drainfield fails, the Health Officer will require a connection to the existing system if it's within 200 feet. Council Member Barnett identified four interrelated issues, which were mentioned in Chapter 13 of the Cost of Service Study, that Council should consider all at the same time. One item to consider is an adjustment to the capital cost recovery rates to reflect actual costs rather than estimates. Another item is the minimum monthly charge on suspended accounts, whether to charge a monthly ready -to -serve charge on temporarily unoccupied premises once they are activated. Another important issue is the rate for the unmetered accounts. The fourth issue is when the property is not connected to the sewer. After pointing out that this is not an immediate public health issue, it was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, THAT THE ORDINANCE BE RESCINDED UNTIL SUCH TIME AS THE COUNCIL CONSIDERS THE FOUR ISSUES THAT WERE MENTIONED IN CHAPTER 13. At this point discussion began among Council members and staff concerning the:,...need for discuss the proposed policy issues. Even though some of the points may be more complex than others, all four should be considered together and not separately. City Attorney Paolella referred to a point in procedure where a repealing ordinance will need to be brought back before the subsequent meeting if Council desires to rescind the existing provision. Discussion continued concerning the potential broad scope of . the existing ordinance and whether enforcement would include charging sewer rates for vacant property and for property with temporary suspension of service. Mayor Berndt pointed out that the existing ordinance needs to be either enforced or rescinded. If Council decides to enforce the existing ordinance, sewer charges would have to be paid even though a I/ person is on a septic tank. It would probably encourage people to hook to the sewer. Council Member Buchanan opposed crediting penalties to a future system connection charge because over a long period of time it would eliminate having to pay a sewer connection charge. Responding to a concern expressed by Council Member Brado, Mr. Waarvick pointed out the sewer service boundaries which does not include Union Gap or Terrace Heights. 3 180 APRIL 4, 1995 Larry Mathews, 805 South 17th, explained his interest in this issue and urged Council to enforce Ordinance No. 2220. He thinks the minimum sewer fee should be charged to persons who do not connect to the sewer system. He pointed out that if those penalty charges were collected, then the recent sewer increase could be reduced; enforcement would also help with the environment. After providing an explanation of nonfeasance and malfeasance, Mr. Mathews strongly urged Council not repeal the existing ordinance. Mr. Paolella explained the provision in state law which provides the City Council discretion to set penalties for this issue. Council Member Barnett reiterated the four items that he recommended earlier for future Council consideration. He felt it would be appropriate to repeal the existing ordinance since it hasn't been enforced. Mr. Waarvick explained this provision was used initially in sewer districts to encourage hook ups over time, but the City has never done that. The history of sewer hook ups would .be:a good reflection of what it would be like if Council rescinds the ordinance. Council Member Brado expressed concern about sewer line easements that he thought were perhaps unnecessary; Council Member Berger suggested the effects of recent annexations be taken into account; and Council Member Barnett directed attention to the number of septic tanks in use. Mr. Waarvick pointed out that an exhaustive house - per -house search within 200 feet of available sewer connections would have to be done to determine the most accurate estimates. Discussion and suggestions continued among Council members including a request by Council Member Brado to find out what other municipalities are doing with regard to this issue. He agreed with Council Member Barnett that the issues pointed out by Council Member Barnett need to be considered at the same time. Mayor Berndt pointed out that since this has been brought to Council's attention and to the State Auditor's attention, action needs to be taken and before enforcement could take place a full public debate would need to take place. Council Member Beauchamp suggested information be provided which would show new construction figures versus the people with existing septic systems in transition to sewer hook ups. This information would be helpful to determine the cause. Council Member Brado expounded the point pertaining to several cases where the sewer trunk was extended to the River Road area and alluded that the people in that area were I/ not aware of the ordinance. The question was called for a vote on the motion. The motion carried by a unanimous voice vote; Sims absent. Council Member Buchanan requested information be gathered as to how many times or how often people are pumping septic tanks within the City Limits and,whether there are those who are doing it on a regular basis. He felt something needs to 4 181 APRIL 4, 1995 be done because it is a matter of putting more septic waste into the ground if' they have a' ;'failing system and are not acknowledging that. Mayor Berndt thought it would be worthwhile to have a meeting with the Health District to discuss current enforcement policy as it relates to septic tank clean out and how they encourage people to hook up to I/ the sewer. *10. APPROVAL OF YAKIMA COMMUNITY TELEVISION QUARTERLY REPORT The First Quarter 1995 Yakima Community Television Activities Report was approved. *11. SET DATE OF PUBLIC HEARING ON PERRY STREET /BROADWAY ANNEXATION FOR APRIL 25, 1995 April 25, 1995 was set as the date of public hearing . on the Perry Street /Broadway Annexation. *12. SECOND READING OF ORDINANCE AMENDING THE 1995 BUDGET AND APPROPRIATING FUNDS FOR 1994 -1995 ENCUMBRANCES An Ordinance amending the 1995 budget and appropriating funds for 1994 -1995 encumbrances having been read at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 95 - 19, AN ORDINANCE amending the 1995 budget for the City of Yakima; making appropriations for 1994 Year -End Encumbrances from Unappropriated Fund Balances within various Funds for- expenditure during 1995. 13. OTHER BUSINESS It was MOVED BY BARNETT, SECONDED BY BRADO, TO AUTHORIZE COUNCIL MEMBER BUCHANAN TO REPRESENT THE CITY OF YAKIMA AT THE AGRICULTURAL SHOWCASE RECRUITMENT MISSION. The motion carried by 5 -1 voice vote; Berger voting nay; Sims absent. Mayor Berndt provided an update on the recent task force meeting regarding curfews, which has grown to include the graffiti issue. A sample of ordinances from different municipalities will be put together for review. As a result of these changes a new committee has been formed and Council I/ Members Brado and Beauchamp have agreed to serve on it. Information Items: Items of information supplied to Council were: News Release regarding Construction activities for the Gateway Project, at the I -82 /Yakima Avenue Interchange area. 3/30/95; Memorandum from Planning Division regarding Yakima Urban Area Comprehensive Plan: Monthly Status Report for April • 5 182. APRIL 4, 1995 1995. 3/31/95; Letter to parties of record regarding City Council action on Washington Middle School Class (3) appeal. 3/27/95; Rebound Plus Monthly Report for March 1995; Office of Housing and Neighborhood Conservation Monthly Report for March 1995; Assignments Pending in Office of Environmental Planning as of April 4, 1995; Congressional Week in Review; 3/22/95; Agenda for the April 6, 1995 I/ Downtown Area Redevelopment Committee and minutes of its January 5 and March 2, 1995 meetings; Agenda for the April 17, 1995 COG Executive Committee meeting and minutes of its March 20, 1995 meeting; Agenda for the April 6, 1995 Yakima Valley RTPO Technical Advisory Committee meeting and minutes of its March 2, 1995 meeting; Minutes of the February 7, 1995 Yakima County Substance Abuse Coalition meeting; The Agricultural Showcase, September 6 -7, 1995, New Developments for 1995 and information regarding Recruitment Mission; Article, "Study Shows School Impact Fees Unfair to New Home Buyers; and Central Washington Agricultural Museum April 1995 newsletter. 14. EXECUTIVE SESSION RE: PROPERTY ACQUISITION A. I -82 GATEWAY /HUD PROPERTY B. ADELINE PROPERTY (8 -20 NO. 1ST STREET) A Pending Litigation issue regarding the Broadway Fire District was added to the topics for discussion during the Executive Session. It was MOVED BY BERGER, SECONDED BY BUCHANAN, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 25 MINUTES WITH IMMEDIATE ADJOURNMENT THEREAFTER TO APRIL 11, 1995 AT 7 A.M. AT THE YAKIMA CENTER FOR INFORMAL DISCUSSION. The motion carried by unanimous vote; Sims absent. 15. ADJOURNMENT TO APRIL 11, 1995 AT 7:00 AM AT THE YAKIMA CENTER FOR INFORMAL DISCUSSION I/ 6 183 .APRIL 4, 199 Following the conclusion of the Executive Session, the meeting adjourned at 3:37 p.m. READ AND CERTIFIED ACCURATE BY: / . ��. / / ,,,�� 7 COUN.� MEMBER DATE C�i! o COUNCIL MEMBER DATE ATTEST: . /<ctiL-e--v\--/ 2 1 2 - 0-4--e -A-- -t;-- coic C CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this Council meeting are available in the City Clerk's office. • • 7