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HomeMy WebLinkAbout09/19/1995 Business Meeting 305 CITY OF YAKIMA, WASHINGTON SEPTEMBER 19; 1995 BUSINESS MEETING I/ 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, Lynn Buchanan, and Bernard Sims present on roll call. Council Member Bill Brado absent and excused. Assistant City Manager Rice, City Attorney Paolella, Assistant City Attorney Peterson, 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) September 17 -23, 1995 was proclaimed Literacy Awareness Week. Nona Schultz accepted the proclamation and urged citizens to promote literacy and encourage reading. 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. It was the general consensus to remove Items Nos. 10, 18 and 19 from 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 BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Brado 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 SEPTEMBER 5, 1995 BUSINESS I/ MEETING AND MARCH 14, 1995 ADJOURNED MEETING The minutes of the September 5, 1995 Business meeting and March 14, 1995 Adjourned Meeting, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 306. SEPTEMBER 19, 1995 6. PUBLIC HEARING TO CONSIDER HEARING EXAMINER RECOMMENDATION ON THE WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION This being the time set for the public hearing, Dan Valoff, Associate Planner, briefly summarized the Yakima School District's petition to vacate a portion of several streets in the vicinity of Washington Middle School. He also provided background information about the Class 3 Application for the construction of the athletic fields for I/ the new school. Staff recommended Council accept the Hearing Examiner's recommendation of approval, subject to specific conditions in that decision, and direct legal staff to prepare the appropriate legislation regarding the right - of -way vacation petition. Mr. Valoff responded to questions from Council Member Barnett concerning curb lines, sidewalk installation, parking lot access, the 8th Street cul -de -sac configuration, and a new east /west alley connection by South 7th Street to accommodate refuse trucks using the alley. Mayor Berndt opened the public meeting and asked if anyone wished to comment in favor of the proposal. Bob Alexander, Manager of Support Services for the Yakima School District, explained the vacation of various rights - of -way as they relate to the expansion of the site and the development of the athletic facility. A lot of cooperative planning with the City Parks Department and the Parks Board took place resulting in the proposed development of a full- size track, baseball field and a combination football /soccer field. All these facilities will be available for both school and community use. Mayor Berndt asked if anyone wished to speak in opposition to the right -of -way vacation. There being no one, she closed the public meeting. It was MOVED BY BERGER, SECONDED BY BARNETT, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATIONS AND FINDINGS AND REQUEST THE LEGAL DEPARTMENT TO PREPARE APPROPRIATE LEGISLATION. The motion carried by unanimous voice vote; Brado absent. 7. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR WILLOW AREA WATER LOCAL IMPROVEMENT DISTRICT NO. 1052 (SEE ORDINANCE CONFIRMING ASSESSMENT ROLL) I/ This being the time set for the public hearing, Al Rose, Office Engineer, and Mary Lovell, Engineering Tech I, were available to answer questions from the Council or the public. The LID consists of 57 parcels and is divided into three project schedules. The majority of the property owners within the boundary of this LID signed the petition in favor of the improvements. Mr. Rose directed Council's attention to location, cost information and other details, 2 307 SEPTEMBER 19, 1995 such as the size and,type of replacement pipe used in the watermain replacement' project'He also summarized details of staff's response to concerns expressed by Mr. & Mrs. Watts in their protest letter dated September 13, 1995. Mayor Berndt opened the public hearing and asked if anyone I/ wished to comment about this LID. Speaking on behalf of Manuel Llamas Sosa, 806 N. 20th Avenue, Luz Gutierrez, asked if assessment information could be provided in Spanish to those limited English speaking . property owners within the Willow Area Water LID No. 1052 area. After obtaining information from staff about the assessment, she explained it to Mr. Sosa, in Spanish. He now understands his LID assessment cost and has no problem • with it. Mayor Berndt asked if anyone else wished to comment about the Final Assessment Roll for Willow Area Water LID No. 1052. There being no one, she closed the public hearing.. Ordinance No. 95 -44 was read by title, and it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Brado absent. The Council discussed the possibility and feasibility of printing legal notices in Spanish on the reverse side of the English version. No decision was made on this suggestion; however, it was the consensus;;.:of the Council to continue this discussion at a later date when information on cost is available. ORDINANCE NO. 95 - 44, AN ORDINANCE of the City of Yakima, Washington, approving and confirming the final assessment roll for Local Improvement District No. 1052, which has been created and established for the purpose of paying the cost of certain water system improvements; and levying and assessing the amount thereof against the lots, tracts, parcels of land and other property shown on said roll. 8. PUBLIC HEARING TO CONSIDER AMENDMENT TO THE AGREEMENT FOR WASTEWATER TREATMENT AND DISPOSAL SERVICE AND URBAN AREA BOUNDARY FOR TERRACE HEIGHTS I/ This being the time set for the public hearing, Larry Peterson described the process and explained the procedures necessary to facilitate the proponents request to add 320 acres to the Urban Area Boundary. The maps contained within the Yakima Urban Area Wastewater Agreement and the Regional Planning Agreement will also need to be changed to incorporate the new legal description adjusting the Urban Area Boundary. The Urban Area Joint Board, the Regional Planning Commission, Yakima County, and the City of Union Gap 3 303 SEPTEMBER 19, 1995 have already approved the proposal. Acting City Manager Rice pointed to the map and described the subject property which will be serviced by the Terrace Heights Sewer District. Mayor Berndt opened the public hearing and asked if anyone wished to comment. Frank Kurtz, an attorney speaking on behalf of the applicants, Theodore Potter and Harold Gable, urged the I/ Council to accept the Regional Planning Commission recommendation to approve the proposed amendment to the Urban Area Boundary. Future residential development. of the property is planned over a long period of time under the single family residential (R -1) zoning district guidelines and Urban designation of the Comprehensive Plan. Bill Almon, Real Estate Broker, directed attention to specific changes affecting this land which makes it feasible for planned development as opposed to when it was dependent upon private wells and septic tanks for utility service. The tremendous increase in private domestic water availability, its removal from the 100 year flood plain and its contiguous location make this a logical extension of the Urban Area Boundary. Mayor Berndt asked if anyone else wished to comment either for or against the issue. There being no one, she closed the public hearing. Resolution No. R -95 -131 having been read by title, it was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. There was discussion concerning the sewer capacity at the Wastewater Treatment Plant; however, this area would be served within the Terrace Heights sewer allocation. The question was called for a vote on the motion. The motion carried by a 5 -0 roll call vote; Sims abstaining; Brado absent. RESOLUTION NO. R - 95 - 131, A RESOLUTION providing for amendment of the Yakima Urban Area Boundary by amendment of ' several intergovernmental agreements for wastewater treatment and disposal, urban area planning, and the Urban Area Comprehensive Plan. 9. AUDIENCE PARTICIPATION - A. APPEARANCE BY LUZ GUTIERREZ REGARDING YAKIMA COUNTY MICRO LOAN PROGRAM I/ Luz Gutierrez described business plan development and the loan process it takes to start a business, run a business and create jobs. She also reviewed the type of training and business loans that have been acquired in the Yakima County area. Ms. Gutierrez also described the Micro Loan program 4 SEPTEMBER 19, 1995 which focuses on the east side of 16th Avenue and north of Nob Hill Blvd. Several Mic'ro'` Program participants described their businesses which were developed under this program. B. APPEARANCE BY SCOTT MAZZOLA TO REQUEST WAIVER OF FIREWORKS DISPLAY PERMIT FOR EVENT AT DAVIS HIGH SCHOOL ON SEPTEMBER 29, 1995 I/ Scott Mazzola, a Davis High School student, requested the permit application fee be waived for a fireworks display during homecoming activities. After brief discussion concerning the request, it was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO WAIVE THE FEE; HOWEVER, THEY WILL STILL HAVE TO FILE THE APPLICATION. The motion carried by unanimous voice vote; Brado absent. C. APPEARANCE BY BOB CAMPBELL AND ED LEWIS REGARDING ODOR EMISSION AT WASTEWATER TREATMENT PLANT Bob Campbell and Ed Lewis complained about the nauseous odor emission from the Wastewater Treatment Plant. Chris Waarvick, Wastewater Superintendent, explained the cause for the increased odor generation experienced this summer. In an effort to reduce operating costs, an attempt was made to incorporate grass cuttings from the Industrial Waste Sprayfield and shredded yard waste from the Yakima County landfill into the composting operation. Because of the limited success experienced during this process, the practice of mixing grass into' the compost mixture has been discontinued. Hopefully, this should improve the odors to a reasonable level. A letter explaining this will be sent to area residents. Mr. Lewis also called Council's attention to a traffic hazard on 18th Street in the vicinity of Barn 11 by the Fairgrounds. He suggested lowering the speed limit at that location because of the limited site distance in order to improve traffic safety. 10. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC MEETING FOR NOVEMBER 14, 1995 TO CONSIDER THE 1995 DRAFT WATER COMP PLAN AND SUPPLEMENTAL REPORTS Doug Dodd, Water /Irrigation Manager, requested November 14, 1995 be set as a date for public meeting to discuss the 1995 I/ Water Comprehensive Plan. Council Member Barnett felt that a one -hour public meeting would not be enough time to present the very complex and lengthy plan and then respond to questions. He suggested a series of meetings be scheduled to allow enough time. He also provided an example of a newspaper insert and suggested it be considered to help inform the public about the upcoming meetings. Mayor Berndt suggested a video be made, similar to the irrigation video, and Glenn Rice explained that setting the public meeting date on November 14th would start all the neighborhood meetings to 5 310 SEPTEMBER 19, 1995 come. Council Members Buchanan and Barnett disagreed with the $250 conversion cost mentioned in the executive summary because it would really cost more than that. There was more discussion about these suggestions to help inform the public about major rate increases expected in the future. Mayor Berndt suggested that instead of holding a public meeting at four o'clock, that the video be shown which would include an I/ announcement of the scheduled meeting dates. It was the general consensus of the Council to take no action during this meeting in order to give staff an opportunity to outline the meetings and report back to Council. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AMENDMENT WITH ARCHITECT ASSOCIATES FOR POLICE STATION /LEGAL CENTER (DESIGN SERVICES FOR COMMUNICATIONS CENTER CHANGE ORDER) RESOLUTION NO. R - 95 - 132, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a supplemental agreement amending existing City Contract No. 93 -103 with Architecture Associates for professional architectural services for the Yakima Police Station /Legal Center Project. *12. CONSIDERATION OF LEGISLATION RELATING TO ACQUISITION OF RANDY BUTLER PROPERTY AT 210 SOUTH 2ND - STREET: A. RESOLUTION AMENDING INTERFUND LOAN AUTHORIZATION RESOLUTION NO. R - 95 - 133, 'A RESOLUTION authorizing amendment of Resolution No. R -94 -153 providing for an interfund loan from the 551 - Equipment Rental Fund to the 333 - Law and Justice Capital Fund, and providing for repayment. B. FIRST READING OF ORDINANCE AMENDING THE 1995 BUDGET AND APPROPRIATING FUNDS FOR PROPERTY ACQUISITION An Ordinance amending the 1995 budget and appropriating funds to provide for the purchase of land and building located at 210 South 2nd Street with the City /County Narcotics Unit, having been read by title only, was laid on the table for two week, until October 3, 1995. *13. CONSIDERATION OF RESOLUTION AUTHORIZING DISPOSAL OF CITY SURPLUS PROPERTY I/ RESOLUTION NO. R - 95 - 134, A RESOLUTION authorizing the sale of surplus personal property owned by the City. 6 SEPTEMBER 19,_,1995 *14. CONSIDERATION OF RESOLUTION ADOPTING THE HEARING EXAMINER RECOMMENDATION TO APPROVE THE EMERY LANE PRELIMINARY PLAT RESOLUTION NO. R - 95 - 135, A RESOLUTION concerning the application submitted by Tim Monahan on behalf of Earl F. Pratt, for a twenty -two lot sub - division of approximately 3.4 acres south of West Mead Avenue and west of South 24th Avenue, City No. UAZO Preliminary Long Plat #1 -95: approving the preliminary long plat, subject to certain conditions. *15. APPROVAL OF THE AUGUST 1995 BUDGET REPORT The August 1995 Revenue and Expenditure Report was accepted. *16. SET DATE OF HEARING FOR OCTOBER 3, 1995 ON APPEAL OF DENIAL OF ISSUANCE OF TAXI DRIVER'S LICENSE REQUESTED BY ALLEN HAGEN October 3, 1995 was set as the date of hearing to consider the appeal by Allen Hagen of the denial of the issuance of a taxi driver's license. 17. CONSIDERATION OF ORDINANCE AUTHORIZING ISSUANCE OF BONDS FOR FIRE IMPROVEMENTS AND REFINANCING EXISTING VOTED GENERAL OBLIGATION DEBT John Hanson, Director of Finance `and Budget, announced that updated information has been • received on the bond amount. He recommended Council approve Ordinance B at the revised amount of $7,300,000. He praised the marketing team, stating this is the lowest the interest rates have been since the last City bond issue a year ago. Council Member Barnett requested the City Clerk to read the title of Ordinance B. Ordinance No. 95 -45 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Brado absent. ORDINANCE NO. 95 - 45, AN ORDINANCE of the City Council of City of Yakima, Washington, providing for the issuance and sale of General Obligation Bonds of the City in the aggregate principal amount of $7,300,000 for the purpose of providing funds to acquire, construct and equip improvements to the Fire Department facilities of the City as authorized by ordinance of the City Council and approved by the qualified electors of the City at a special election held therein on November 8, 1994; and for the purpose of refunding certain outstanding General Obligation Bonds of the City; providing the date, form, terms and maturities of the bonds to be issued and for unlimited tax levies to pay the principal thereof and interest thereon; authorizing a preliminary official statement; and approving the sale of such bonds. 7 3.12 SEPTEMBER 19, 1995 18. CONSIDERATION OF ORDINANCE PROHIBITING PARKING IN ALLEYS SO AS TO RESTRICT VEHICULAR MOVEMENT Jeff West, Assistant City Attorney, pointed out the differences in state law and City ordinance pertaining to parking in alleys. For practical enforcement purposes, he suggested the old ordinance, which was repealed last year, be re- enacted. After Larry Mathews, 805 South 17th Avenue, presented his I/ point of view concerning the necessity for temporary alley parking, Ordinance No. 95 -46 was read by title. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Brado absent. ORDINANCE NO. 95 - 46, AN ORDINANCE relating to traffic; prohibiting parking in alleys so as to restrict vehicular movement; and enacting a new Section 9.50.010 of the City of Yakima Municipal Code. 19. CONSIDERATION OF ORDINANCE APPROVING RIGHT -OF -WAY VACATION IN THE VICINITY OF GARRETT STREET, REQUESTED BY DAN TILLEY Rosemary Small, 1006 South 25th Avenue, spoke in favor of the proposed housing project. She also expressed her opinions relating to socioeconomic issues and provided copies of an article about housing and bussing to the Council. Ms. Small also commented about neighborhood school issues and predicted that the additional children who will live in the proposed housing project will have to be bussed to another part of town to go to school because Garfield Elementary lacks the needed classroom space to accommodate them. Ordinance No. 95 -47 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Brado absent. ORDINANCE NO. 95 - 47, AN ORDINANCE vacating an undeveloped portion of Garrett Street and portions of two associated alley rights -of -way f in the vicinity south of Fruitvale Boulevard and west of North 6th Avenue. *20. SECOND READING OF ORDINANCE AMENDING THE 1995 BUDGET AND APPROPRIATING FUNDS FOR 911 EQUIPMENT PURCHASE I/ An Ordinance amending the 1995 budget and appropriating funds for the purchase of 911 equipment, having been read by title only at the September 5, 1995 meeting, was brought before the Council for a second reading. 8 SEPTEMBER 19, 1995 ORDINANCE NO. 95 '48.;' AN ORDINANCE amending the 1995 budget for the City of Yakima; making appropriations for 911 Dispatching Equipment from unappropriated fund balances within various funds for expenditure during 1995. *21. SECOND READING OF ORDINANCE AMENDING THE 1995 BUDGET AND APPROPRIATING FUNDS FOR CERB LOAN An Ordinance amending the 1995 budget and appropriating funds for the expenditure of a Washington State Community Economic Revitalization Board loan for improvements to public infrastructure in the vicinity of the new Central Heating & Plumbing, Inc. facility, having been read by title only at the September 5, 1995 meeting, was brought before the Council for a second reading. ORDINANCE NO. 95 - 49, AN ORDINANCE amending the 1995 budget for the City of Yakima; and, based on the proceeds of a loan from the Washington State Community Economic Revitalization Board, making a corresponding appropriation of $463,189 from the Economic Development Fund for expenditure during 1995 for improvements to public infrastructure in the vicinity of the new Central Heating & Plumbing, Inc. facility. *22. FIRST READING OF ORDINANCE AMENDING THE 1995 BUDGET AND APPROPRIATING FUNDS FOR FIRE FIGHTING INSTRUCTION-SERVICES CONTRACT WITH THE YAKIMA SCHOOL DISTRICT (NO FORMAL ACTION• REQUIRED THIS MEETING }r ;, An Ordinance amending the 1995 budget and appropriating funds for fire fighting instruction services contract with the Yakima School District, having been read by title only, was laid on the table for two weeks, until October 3, 1995. 23. OTHER BUSINESS It was MOVED BY SIMS, SECONDED BY BERGER, TO GO ON A TWICE A MONTH, FIRST AND THIRD TUESDAY, MEETING SCHEDULE INDEFINITELY, WITH THE EXCEPTION DURING BUDGET TIME, AT WHICH TIME STAFF WILL COORDINATE WITH COUNCIL ON SCHEDULING THOSE MEETINGS. Council Member Buchanan- spoke against the motion, for reasons given I/ previously. Council Member Sims stated if there is a backlog of agenda items which needs to be addressed, staff can poll the Council for a special meeting. The question was called for a vote on the motion. The motion carried by 4 -2 voice vote; Berndt and Buchanan voting nay; Brado absent. 9 314: SEPTEMBER 19, 1995 Information Items: ti Items of information provided to Council were: Washington State Transportation Commission Meeting Agendas; Agenda for the September 27, 1995 SunTran Board of Directors Meeting; Washington Utilities & Transportation Commission Hearing Dates on US West Rate Case; Traffic Engineering Citizen Request and Activity Report for August 1995; Monthly Project Progress Report on the Yakima Railroad Area project for August 1995; Rebound Plus Monthly Report for August I/ 1995; State Department of Ecology notice regarding Yakima Valley Spray (U -Haul) Pilot Project. September 1995; Legislative Alert from American Public Transit Associates regarding House NHS Bill Curtails Transit Funds, Planning Rules. 9/11/95; Assignments Pending in Office of Environmental Planning as of September 19, 1995; Agenda for the September 18, 1995 Conference of Governments Executive Committee meeting and minutes of its August 21, 1995 meeting. Agenda for the September 20, 1995 Conference of Governments. General Membership meeting and minutes of its May 17, 1995 meeting; Minutes of the July 26, 1995 SunTran Board of Directors meeting; Minutes of the June 6, 1995 Yakima County Substance Abuse Coalition; Article from September 11, 1995 Nation's Cities Weekly, "Some Urban Funds Preserved in Highway System Bill Thanks to City Advocacy "; Article from September 4, 1995 Nations' Cities Weekly, "Urban Sounding Board -- Come Home America "; and Article from September 1995 ITE Journal, "Suburban Residential Traffic Calming." 24. EXECUTIVE SESSION RE: PENDING LITIGATION (CENTRAL PRE - MIX/LAMPERS CONSTRUCTION CLAIM) It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 10 MINUTES TO DISCUSS PENDING LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Brado absent. t, 25. ADJOURNMENT Immediately following the Executive Session, the meeting adjourned at 4:00 p.m. 10