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Home My WebLink About07/11/1995 Business Meeting 2.63 CITY OF . YAKIMA, „ WASHINGTON JULY 11, 1995 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. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Brado. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Irene Gutierrez, Rebound Plus Manager, reported on the activities of the Alley Cats and the Rebound Plus community clean -up program. She reported that several individuals and businesses have donated supplies and volunteered labor towards this program. Jeannie Aldridge, on behalf of SeaFirst Bank, presented a $1,000 check to the City for the Rebound Plus Program. Ms. Aldridge stated this check brings their total contributions towards this program to $11,000, plus their volunteer help. City Attorney Paolella and City Prosecutor Woodard introduced Helen Harvey and Scott Brumback as two new attorneys in the Legal Office. 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 to add Item No. 22 to the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Berndt absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 2.64 JULY 11, 1995 5. PUBLIC HEARING ON BUSSE ANNEXATION (See Ordinance annexing property) This being the time set for the public hearing on the Busse Annexation, Bruce Benson, Associate Planner, reported this is a single, vacant, residential lot with an assessed value of $25,500. Assistant Mayor Barnett opened the public hearing. There being no citizen present wishing to speak to this issue, the public hearing was closed. Ordinance No. 95 -32 having been read by title only, it was MOVED BY SIMS, I/ SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Berndt absent. ORDINANCE NO. 95 - 32, AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective September 1, 1995. (Busse Annexation) 6. PUBLIC HEARING ON SCENIC CROSSING ANNEXATION (See Ordinance annexing property) This being the time set for the public hearing on the Scenic Crossing Annexation, Bruce Benson, Associate Planner, reported this annexation consists of seven new lots, with an assessed value of $752,050. Assistant Mayor Barnett opened the public hearing. There being no citizen present wishing to speak to this issue, the public hearing was closed. Ordinance No. 95 -33 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Berndt absent. ORDINANCE NO. 95 - 33, AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective September 1, 1995. (Scenic Crossing Annexation) 7. PUBLIC HEARING ON PARTIAL "RELEASE OF UTILITY EASEMENT FOR LIVING CARE CENTER This being the time set for public hearing, Vaughn McBride, Associate Planner, stated this is a request to release a sewer easement and abandon the public sewer line within the subject easement. Assistant Mayor Barnett opened the public hearing. There being no citizen present wishing to speak to this issue, the public hearing was closed. Resolution No. R- 95-93 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE RESOLUTION. The motion carried by unanimous roll call vote; Berndt absent. RESOLUTION NO. R 95 - 93, A RESOLUTION authorizing the City Manager and the City Clerk to execute a Quit Claim Deed to release a sewer easement across property owned by West Valley Nursing Homes, Inc., d /b /a/ Living Care Centers, and abandoning the public sewer line now located within the Subject Easement. 2 265 JULY ,'112, 1995 8. PUBLIC HEARING ON THE 1996 - 2001' SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM (See Resolution) This being the time set for a public hearing, Fred French, City Engineer, reviewed the projects on the 1996 -2001 Six 1/ Year Transportation Improvement Program. This program was reviewed and accepted by the Regional Planning Commission at its last meeting. This is the first year that all projects shown on the plan must have funding dedicated to the project. The five funded projects for 1996 are Yakima /I -82 Gateway, Fair Avenue, signalization at Nob Hill /48th Avenue, Fruitvale Canal Pathway, and 18th and Beech Streets design only. Mr. French responded to Council's questions regarding the reduction of Motor Vehicle Tax revenue and proposed street • sign changes. Assistant Mayor Barnett opened the public hearing. John Klingele, 1314 West Walnut, commented that many of the projects on the unfunded list would not be funded in the near future. He also pointed out a few discrepancies in the street names, i.e. Walnut Avenue and Walnut Street. Mr. Klingele suggested the City consider using concrete on the streets, which has a longer life span than asphalt streets. Assistant Mayor Barnett responded that staff would correct any errors in street names. There being no other citizen wishing to speak on this issue, the public hearing was closed. Resolution No. R -95 -94 having been read by title only, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Berndt absent. . RESOLUTION NO. R 95 - 94, A RESOLUTION adopting a Six Year Transportation Improvement Program for the period of 1996 through 2001 for the construction of streets and arterial streets in the City of Yakima. 9. AUDIENCE PARTICIPATION A. APPEARANCE BY BO HEPLER, FOURTH OF JULY COMMITTEE Mr. Hepler was not present to make his presentation. There was no other citizen present wishing to speak under Audience I/ Participation. 10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONCESSION CONTRACT AT THE TRANSIT CENTER Council Member Brado expressed concern about the City's liability exposure under this contract; the City could be held liable in a case of food poisoning or for damages resulting from an incident not reported by the contractor. 3 266 JULY 11, 1995 City Attorney Paolella suggested the amount of the insurance could be increased. Council Member Sims stated he would not want the requirements for this contract to be inconsistent with other concession agreement requirements. Council Member Brado suggested a one million dollar certificate of insurance and a performance bond. It was MOVED BY BRADO, SECONDED BY SIMS, TO REFER THIS ITEM BACK TO STAFF FOR FOLLOW - UP ON COUNCIL'S SUGGESTED CHANGES TO THE CONTRACT, BUT TO BE CONSISTENT WITH OTHER CITY CONCESSION CONTRACTS. The motion carried by unanimous voice vote; Berndt absent. *11. CONSIDERATION OF RESOLUTION RATIFYING EXECUTION OF AGREEMENT FOR EMERGENCY FIRE AND EMS SERVICES AT THE CENTRAL WASHINGTON FAIRGROUNDS RESOLUTION NO. R 95 - 95, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Letter Agreement for fire and EMS protection for the Central Washington State Fairgrounds. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF RENEWAL AGREEMENT WITH YAKIMA SCHOOL DISTRICT NO. 7 FOR A HANDICAPPED DAY CAMP PROGRAM RESOLUTION NO. R 95 - 96, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Yakima School District to provide a summer recreational program for youth with special needs. *13. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR AUGUST 10, 1995 ON THE WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION RESOLUTION NO. R 95 - 97, A RESOLUTION fixing time for public hearing before the Hearing Examiner on August 10, 1995, on a petition filed with the City Clerk by Yakima School District #7 to vacate a portion of right -of -way located at Beech Street, South 8th Street, South 9th Street, and Maple Street in the vicinity of Washington Middle School. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS RELATED TO THE NEIGHBORHOOD IMPROVEMENT PROGRAM PROJECTS RESOLUTION NO. R 95 - 98, A RESOLUTION authorizing the City Manager or his designee to act to accomplish new Neighborhood Improvement Program Projects. 4 JULY 11 1995 2-6 7 *15. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR A LOADING DOCK AT 202 WEST SPRUCE STREET FOR'THERMALSUPPLY The Right -of -Way Use Permit for a loading dock at 202 West Spruce Street, requested by Thermal Supply was approved. *16. APPROVAL OF FINAL CONTRACT PAYMENT FOR THE WILLOW AREA WATER LOCAL IMPROVEMENT DISTRICT PROJECT (STANDARD MOTION V -B -- ACCEPT PROJECT AND APPROVE FINAL PAYMENT) The report from the City Engineer, dated June 23, 1995, with respect to the completion of the work on the Willow Area Water LID, performed by Hilltop Construction Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *17. APPROVAL OF FINAL CONTRACT PAYMENT FOR THE PUBLIC WORKS SHOP COMPLEX PROJECT (STANDARD MOTION V -B -- ACCEPT PROJECT AND APPROVE FINAL PAYMENT) The report from Project Architect, dated June 23, 1995, with respect to the completion of the work on the Public Works Shop Complex, performed by Gilbert H. Moen Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *18. SET DATE OF PUBLIC HEARING FOR JULY 25, 1995 ON THE BOHLKE /CARPENTER ALLEY VACATION IN VICINITY OF NORTH 55TH AVENUE AND ENGLEWOOD HILL DRIVE July 25, 1995 was set as the date of public hearing on the Bohlke /Carpenter alley vacation in the vicinity of North 55th Avenue and Englewood Hill Drive. *19. ACCEPT 1994 VEHICLE INCIDENT /COLLISION REPORT The 1994 Annual Vehicle Incident /Collision. Report was accepted. *20. CONSIDERATION OF ORDINANCE REZONING PROPERTY AT 4109 TIETON DRIVE, REQUESTED BY KENDRICK & MALANE, ATTORNEYS ORDINANCE NO. 95 - 34, AN ORDINANCE rezoning property located at 4109 Tieton Drive in Yakima, Washington, from 1/ Single Family Residential (R -1) to Professional Business (B- 1) and amending the zoning map of the Yakima Urban Area accordingly. 21. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING (ALLOW 5 MINUTES) The Executive Session was not held since Item No. 22 was placed on the Consent Agenda. 5 266 JULY 11, 1995 *22. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR FIRE LEOFF EMPLOYEES ORDINANCE NO. 95 - 35, AN ORDINANCE relating to City personnel adopting a classification and compensation plan for City employees to be effective July 1, 1995; amending Subsection 2.20.110K, all of the City of Yakima Municipal Code, and declaring an emergency. 23. OTHER BUSINESS City Manager Zais gave a brief report on the Association of Washington Cities Conference which was attended by Council Member Beauchamp and several City staff members. He reported the primary topic of discussion was Initiative 164, relating to taking of private property, which may be placed on the State ballot depending upon the petition being circulated for signatures. Information Items: Items of information provided to Council were: Agenda for the July 10, 1995 Parks and Recreation Commission meeting; Agenda for the July 26, 1995 SunTran Board of Directors meeting; Yakima Urban Area Comprehensive Plan Monthly Status Report for July 1995; Memorandum from AWC regarding Update on Public Health Governance and Finance Changes from the 1993 & 1995 Legislative Sessions. 6/22/95; Copy of Letter to the Editor from Central Washington Home Builders Association regarding community contributions made by builders and developers; Yakima Railroad Area Monthly Project Report for June 1995; Traffic Engineering Citizen Request and Activity Report for June 1995; Monthly Annexation Status Report for June 1995; Rebound Plus Monthly Report for June 1995; Monthly Report from Office of Housing and Neighborhood Conservation for June 1995; Monthly Code Administration Report for June 1995; Assignments Pending in Office of Environmental Planning as of July 11, 1995; Legal Department Monthly Report for May 1995; National Night Out - August 1st: Yakima to Join Cities Nationwide for "America's Night Out Against Crime "; Letter from the State Office of Financial Management regarding April 1, 1995 population determinations. 6/30/95; Legislative Alert: House Appropriations Committee Markup. 7/5/95; Yakima Valley Conference of Governments Newsletter for July 1995; Labor Area Summary Yakima MSA; May 1995; I/ Perkins Coie Washington Environmental Compliance Update for May 1995; National Council for Urban Economic Development Update as of July 5, 1995; Washington State Tourism Bulletin for July 1995; Minutes of the June 12, 1995 Parks and Recreation Commission meeting; Minutes of the June 1, 1995 Yakima Valley Regional Transportation Planning Organization Technical Advisory Committee meeting; Minutes 6 2 JULY 11, 1995 t of the SunTran Board, ,of Directors May 3, 1995 meeting; Minutes of the June'15, 1995 Downtown Area Redevelopment Committee meeting; Notice of summer meeting schedule for the Community Development Advisory Committee; Article from July 1995 Washington CEO, "Technology is Key to Yakima Valley's Future "; and Article from June 27, 1995 The Wall Street Journal, "Drinking -Water Option Comes in a Bottle." I/ Information distributed 7/11: Copy of Supreme Court decision in Margaret J. Leonard v. The City of Spokane and Spokane County regarding Community Redevelopment Financing Act of 1982; Media Advisory from State DOT regarding tour of state routes and interstates in Eastern Washington which were nominated for the National Highway System; Agenda for the July 13, 1995 Hearing Examiner meeting; and Memorandum regarding Damage Claims Referred to Third Party Claims Administrator; 7/10/95. 24. EXECUTIVE SESSION (ALLOW 20 MINUTES) A. PROPERTY ACQUISITION (CONDEMNATION ACTION FOR I -82 PROJECT) B. PROSPECTIVE LITIGATION: 1. PALMER DAMAGE CLAIM 2. RICHARDSON AIRWAYS REMEDIAL ACTION ORDER It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION AND PROSPECTIVE LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Berndt absent. 25. ADJOURNMENT At the conclusion of the Executive Session, the meeting adjourned at 3:08 p.m. READ AND CERTIFIED ACCURATE BY: ;r /59%4 92 COUN MEMBER DATE OUNCIL MEMBER / DATE ATTEST: _ CITY CLERK �- MAYOR / O 6kv An audio and video tape of this meeting are available in the City Clerk's Office. 7