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HomeMy WebLinkAbout04/02/1996 Business Meeting 4.84 CITY OF YAKIMA, WASHINGTON APRIL 2, 1996 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, Yakima, Washington, Mayor Lynn Buchanan, presiding. Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger, John Klingele, and John Puccinelli 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) The Mayor introduced Fernando Perea, Davis High School student, who is participating in the Chamber of Commerce Business Education Partnership program. Mr. Perea has accompanied the Mayor today learning about City government. Mayor Buchanan read a proclamation declaring April 1 -7, 1996 as Community Development Week. A proclamation from Governor Lowry and a proclamation from the Business Community, proclaiming Community Development Week, were presented to the City. Mayor Buchanan announced that anyone interested in serving on the Neighborhood Council Task Force should give their name to the City Clerk. Mayor Buchanan stated that Item No. 22 will be removed from the Agenda. 4. CONSENT AGENDA Mayor Buchanan referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Item No. 12 was added to the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY KLINGELE, SECONDED BY PUCCINELLI, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. I/ 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.) 485 APRIL 2 1996 *5. APPROVAL OF THE MINUTES OF DECEMBER 12, 1995 ADJOURNED JOINT MEETING, MARCH 5, 1996`''ADJOURINED MEETING, DECEMBER 19, 1995 AND MARCH 19, 1996 BUSINESS MEETINGS The minutes of the December 12, 1995 Adjourned Joint meeting, March 5, 1996 Adjourned meeting, December 19, 1995 and March 19, 1996 Business meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION REGARDING THE BARNADDY ADDITION II PRELIMINARY PLAT APPROVAL This being the time set for the public meeting, Larry Lehman, Associate Planner, reported this preliminary plat was previously approved in February 1992; however, the applicant missed the three -year deadline to have the final plat approved. Having missed the deadline, the applicant was required to reapply for the preliminary plat approval. The Hearing Examiner recommendation is to approve the preliminary plat, and because all the infrastructure is in place, the Hearing Examiner also recommends the final plat be approved. Mayor Buchanan opened the public meeting for testimony. Larry Loveless, applicant, stated the development was approved in 1992 and now all the improvements have been made according to the City Engineer's Office. There being no other citizen wishing to address this issue, the public meeting was closed. It was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, TO AFFIRM THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous voice vote; Sims absent. 7. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION REGARDING THE BARNADDY ADDITION II FINAL PLAT APPROVAL (THIS PUBLIC MEETING WILL BE HEARD ONLY IF THE PRELIMINARY PLAT IN ITEM NO. 6 HAS BEEN APPROVED) This being the time set for the public meeting, Larry Lehman, Associate Planner, stated that due to the improvements to the plat already being completed, staff and the Hearing Examiner recommends the final plat be approved. Mayor Buchanan opened the public meeting to receive testimony. Larry Loveless, applicant, responded to Council Member Klingele''s question and stated the name of the street is Lila Avenue. There being no other citizen wishing to speak to this issue, the public meeting was closed. It was MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous voice vote; Sims absent. • 8. PUBLIC HEARING ON THE 1996 IRRIGATION MAINTENANCE ASSESSMENT ROLL (SEE ORDINANCE APPROVING ASSESSMENT ROLL) This being the time 'set for the public hearing on the 1996 Irrigation Maintenance Assessment Roll, Dueane Calvin, Interim Water and Irrigation Superintendent, reported that due to the age of the explanatory video, it will not be shown. He commented that staff is updating the information and preparing a new video. Mr. Calvin explained the 2 486 APRIL 2, 1996 assessment is based upon the district's expenses for the previous year, trying to maintain a six month operating reserve, and charged to the property owner based upon property square footage. Some of the factors considered when calculating the assessments were the increase in power rates, man hours for repairs, purchase of water from ditch companies, cost of defending water rights in court, and the purchase of a device to measure water removed from the river (required by the Court). He reported that in the 1995 legislative session, a law was passed to allow the consolidation of irrigation districts and establish a reserve for capital expenditure. The Mayor opened the public hearing. Larry Mathews, 805 South 17th Avenue, expressed his concern with the decrease of 143,000 square feet in the West Yakima Irrigation District which results in fewer people having the pay for the maintenance of the district. Mr. Calvin stated the elimination of that property from the assessment roll was due to the fact that the line has deteriorated so much that water was not available to that area. Mr. Mathews also expressed his concern about the consideration of abandoning the irrigation district and using domestic water, which would be costly. He stated that if Council decides to abandon the system, there will be a referendum filed. Legrant Barfuss, president of Glenview Cooperative Court, North Summitview and 38th Avenue, stated their assessment is over $500 and they will gladly pay it to maintain the system. Betty Gaudette, 701 North 6th Street, requested information regarding the deletion of the School District from the assessment rolls. Mr. Calvin clarified that the School District owned one district in its entirety, which had been irrigated by domestic water for the last five years. When the reserves for that system were depleted, they were allowed to be removed from the roll. Mrs. Gaudette indicated she would rather pay an assessment for a new system and have water than to use domestic water. She further commented she believes that property owners not using the irrigation water, even though it is available, should not be allowed to withdraw from the assessment roll. Jerry Price, 315 North 29th Avenue, asked about the City's relationship to the irrigation ditch beside his house. He spoke about the flooding that occurred due to the ditch not being maintained. He demanded answers to his questions. Council explained that the City purchases water from the ditch company, but does not own the ditch, nor is the City responsible for its maintenance. Isabelle Simmons, 307 North 29th Avenue, stated her property was also flooded and nobody is taking any responsibility for that ditch. She stated that they weren't warned by the Canal Company or the City that they were in danger of being flooded. Mr. Calvin stated the City responded to the flooding as soon as possible. Ed Wentz, 216 South 34th Avenue, District No. 851, related how his I/ assessments have increased the past few years and suggested the City review costs to see where expenses can be reduced. Council Member Klingele pointed out the District began the year with a $1,000 debt. Lois Smith, speaking on behalf of her Mother who lives at 232 North 36th Avenue, District No. 621, stated the rates have doubled each year for the last few years and her Mother can't afford these kinds of increases. 3 487 APRIL 2, 1996 K!y,; 4 Council Member Klingele, pointed the District began the year with a $2,000 debt. Ken "Pool, owner of a four -plex at 1522 Cherry, stated he doesn't have irrigation piped to his property. Mayor Buchanan suggested Mr. Pool contact the Irrigation staff to find the pipe location. Robert Wagner, 1216 South 1st Avenue, District 664, stated his rates have I/ gone up over 250% in the last ten years, and he didn't have water for about three weeks last year. Mr. Calvin explained that there was a failure of a bulkhead which necessitated the closure of the system. George Zimmer, 601 South 1st Street, stated he no longer has any lawn to water and is not using irrigation water. He wants off the assessment roll. He commented he believes a lot of water is being lost into the ground due to pipe leakage in the delievery system. Council Member Barnett stated that a new Local Improvement District can be established to replace their pipe. There is no charge for the amount of water leaked into the ground. Harold Gordon, Swan Lake Tracts, District 857, asked questions about the service to his area since the Adams pipeline broke. Mr. Calvin reported that a meeting was held with the residents and it was decided to use domestic water rather than replace the Adams pipeline (which is privately owned). He stated this year they will have a temporary connection. Phil Pleasant, District No. 308, stated he does not want to pay this assessment just to continue maintaining the District the way it has been maintained. Rocky Marshall, 805 North 16th Avenue, District No. 661, stated he would not have a problem paying an increase based on inflation, but a 41% increase is too much. Gloria Ketchum, speaking on behalf of her paraplegic Father living at 2508 Englewood, reported his assessment went from $80 to $160. She stated that Council needs to find a permanent solution to fix the irrigation system. Council members spoke about the recent change in the law to allow the consolidation of districts and the lawsuit to defend the City's water rights. The City recently commissioned a study to determine the cost to consolidate the irrigation systems. There being no other citizen wishing to address the Council on this issue, the public hearing was closed. Ordinance No. 96 -25 having been read by title, it was MOVED BY KLINGELE, SECONDED BY BEAUCHAMP, TO PASS THE ORDINANCE. Council Member Barnett stated he hopes Council will initiate action to consolidate the systems. He believes meetings will have to be held in the neighborhoods to explain the pros and cons of this solution. Council Member Beauchamp stated he hopes staff is looking at the preventive maintenance program to head off problems. The question was called for a vote on the motion. The motion passed by unanimous roll call vote; Sims absent. I/ ORDINANCE NO. 96 -25, AN ORDINANCE confirming the irrigation maintenance assessment roll of the City of Yakima for calendar year 1996 and levying irrigation maintenance assessments according to said roll. 9. PUBLIC MEETING ON THE CHAS /CONSOLIDATED PLAN (9/30/94- 10/1/95) This being the time set for the public meeting on the First Quarter 1995 Annual Performance Report for the comprehensive 4 488 APRIL 2, 1996 Housing Affordability Strategy Plan, Dixie Kracht, Block Grant Manager, explained HUD's requirement to report the activities and experience in the housing market for the last three months of 1994, which is the first three months of the Federal government's fiscal year. She reported that $2.7 million was received from state, federal and private resources and about 1,052 households were assisted. Mrs. Kracht responded to Council's questions regarding the breakdown of ethnicity and the Plan the County follows. Mayor Buchanan opened the public meeting for comment. Betty Gaudette, 701 North 6th Street, commented in favor of the public policy to hold meetings to strategize the implementation and enforcement of existing codes for neighborhood clean -up. She also referenced the section on page 14 regarding Affirmatively Furthering Fair Housing, and commented she is concerned about the density of development without providing proper infrastructure. Maud Scott, 309 Union, asked about the status of changing the focus of the apportionment of block grant funds to extend beyond housing programs. Mrs. Kracht responded, stating that the Committee formed a citizen participation subcommittee who has been meeting to develop a format on how to address that issue. They will be holding Town Hall meetings to find out if what is in the Plan is still valid. She stated that this year they are required to be project specific, giving an address of where the money will be spent. This issue will come back to the Council within the next two months. Ms. Scott stated she believes that Council members are able to make a decision on where the money should be spent; putting all the money into housing projects does not address other problems which benefit the general public. City Attorney Paolella reminded Council that any changes to the Plan would have to follow the legally required process. It was MOVED BY KLINGELE, SECONDED BY BEAUCHAMP, THAT THE REPORT BE SUBMITTED TO HUD. The motion carried by unanimous voice vote; Sims absent. 10. AUDIENCE PARTICIPATION Sandra Swanson, referencing three recent local performances, requested Council pass a stricter ordinance to prohibit topless dancing. Council requested staff research this and determine if the City's ordinance can be amended to prohibit topless dancing and /or provide a requirement that local residents be notified prior to the event being held. Tom Sumerlin and Ray Smith presented a petition requesting the City to address a gang related problem in their neighborhood by ordering the owner of a house at 1202 South 4th Avenue to bring the house up to beautification standards of the neighborhood. The purpose of the request is to try to eliminate the shootings, debris left in the yards, vehicle I/ racing in the neighborhood, etc. This request was forwarded to the Legal and Police Departments and the Code Division. 5 APRIL 2 1996 4 8 9 11. PRESENTATION OF SUBSTANCE ABUSE COALITION 1995 YEAR -END REPORT Ester Huey and Toni Gardner were present to respond to any questions. Mrs. Huey gave an excellent presentation on the activities of the Substance Abuse Coalition. One of the I/ goals of the program is to instill value in the children for their community. The Coalition continues to organize communities and assist in problem solving and initiating new programs to address problems. She spoke about the reduction in their funding for 1996, the programs instituted, the number of children served and the number of volunteers recruited. It was MOVED BY PUCCINELLI, SECONDED BY BEAUCHAMP, TO ACCEPT THE REPORT. The motion carried by unanimous voice vote; Sims absent. *12. NOTICE OF INTENT TO COMMENCE SOUTH SCENIC ANNEXATION (STANDARD MOTIONS A & B) April 2, 1996 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Donald C. Bartol, et al. The annexation proposed by the initiating parties was accepted by the City of Yakima and that area to be annexed was required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. *13. CONSIDERATION OF JOINT RESOLUTION RATIFYING APPLICATION AND AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR SNOW REMOVAL EQUIPMENT AND BUILDING EXPANSION PROJECT RESOLUTION NO. R- 96 -40, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an Application for Federal Assistance and Standard DOT Title VI Assurances, and authorizing the execution and acceptance of a Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation Administration and the City of Yakima and Yakima County. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT TO PERFORM FIRE PREVENTION INSPECTIONS IN STATE LICENSED BOARDING HOMES RESOLUTION NO. R- 96 -41, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of I/ Yakima. to execute an agreement with the Washington State Patrol, State Fire Marshall to have the City of Yakima perform fire prevention inspections in state licensed boarding homes. 6 499 APRIL 2, 1996 *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE YAKIMA VALLEY UMPIRES ASSOCIATION FOR THE 1996 SOFTBALL SEASON RESOLUTION NO. R- 96 -42, A RESOLUTION authorizing the execution of an agreement with the Yakima Valley Umpires Association. *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF I/ AGREEMENT WITH YAKAMA INDIAN NATION FOR LEASING OF PROPERTY FOR SALMON HOLDING RESOLUTION NO. R- 96 -43, A RESOLUTION authorizing the execution of an acquaculture project agreement with the Yakama Indian Nation. *17. CONSIDERATION OF RESOLUTION AUTHORIZING EMERGENCY REPAIR OF INDUSTRIAL WASTE SPRAYFIELD WITHOUT CALLING FOR BIDS - RESOLUTION NO. R- 96 -44, RESOLUTION declaring an emergency and authorizing immediate repair and rehabilitation of the Industrial Waste Sprayfield project without calling for bids. *18. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO GRAY AND OSBORNE CONTRACT FOR TAMARACK PUMP STATION DESIGN SERVICES DURING CONSTRUCTION RESOLUTION NO. R- 96 -45, A RESOLUTION authorizing the amendment of an agreement for professional engineering services between the City of Yakima, a municipal corporation, and Gray & Osborne, Inc. *19. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENT #3 TO. AGREEMENT FOR THE JOINT. CONSTRUCTION OF IMPROVEMENT OF YAKIMA AVENUE /I -82 INTERCHANGE AREA AND FAIR AVENUE PROJECT WITH THE STATE DOT AND YAKIMA COUNTY RESOLUTION NO. R- 96 -46, A RESOLUTION authorizing the execution of Supplement #3 to the Agreement for Joint Construction of Improvement of Yakima Avenue /I -82 Interchange Area and Fair Avenue Project with the State Department of Transportation and Yakima County. *20. APPROVAL OF FINAL CONTRACT PAYMENT FOR FIRE STATIONS #1 AND #5 (STANDARD MOTION V -B -- ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) The report from the consultant architect firm, Wardell & Associates, dated February 22, 1996, with respect to the completion of the work on the Alterations & Improvements Project to Fire Stations No. 1 and 5, was approved, the work I/ accepted and payment of the final estimates as therein set forth was authorized; *21. APPROVAL OF THE FEBRUARY 1996 BUDGET REPORT The Revenue and Expenditure Report for February 1996 was accepted. 7 APRIL 2, 1996 4 9 1 22. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING PARKING RESTRICTIONS IN. PLANTING STRIPS This item was removed from the agenda. 23. CONSIDERATION OF ORDINANCE REGULATING, CONTROLLING AND I/ LICENSING DOOR -TO -DOOR SOLICITORS, STREET SALES AND PEDDLERS Jeff West, Assistant City Attorney, was available to respond to questions regarding the drafting of the ordinance relating to licensing door -to -door solicitors, street sales and peddlers. Council Member Barnett asked how this ordinance would affect a business which holds a sidewalk sale in front of its establishment. Mr. West responded that a different ordinance regulates sidewalk sales which would control that activity because they have a permanent place of business. Council Member Barnett disagreed with the provision that a violation would be a misdemeanor. Mr. West commented that a violation against the current ordinance' is a misdemeanor. Council Member Barnett also pointed out that this ordinance, which started out to address some court rulings, is replete with exceptions which tends to be a bit confusing. Mr. West addressed some of the concerns expressed by Council concerning the permitting process. There is a fee waiver, as well as a blanket permit, for legitimate fund - raising organizations and only individuals soliciting funds or sales are required to provide pictures for identification purposes. Ordinance No. 96 -26 having been read by title, it was MOVED BY BERGER, SECONDED BY PUCCINELLI, TO PASS THE ORDINANCE. The motion carried by 5 -1 roll call vote; Barnett voting nay; Sims absent. ORDINANCE NO. 96 -26, AN ORDINANCE relating to licenses and business regulations; correcting a constitutional infirmity and updating a. cross- reference contained in the chapter dealing with peddlers to protect against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy and to otherwise preserve the public health, safety and welfare by regulating, controlling and licensing door -to -door solicitors, street sales, and peddlers; amending sections 5.56.010,5.56.020, 5.56.050, and 5.56.051; enacting new sections 5.56.022, 5.56.024, 5.56.026, 5.56.030, 5.56.040, 5.56.042, 5.56.044, 5.56.046, 5.56.048, 5.56.052, 5.56.054, 5.56.060, 5.56.062, 5.56.064, 5.56.068 and 5.56.080; and repealing Chapter 5.72, all of the City of Yakima Municipal Code. I/ *24. CONSIDERATION OF ORDINANCE APPROVING RIGHT -OF -WAY VACATION IN VICINITY OF GARRETT STREET ORDINANCE NO. 96 -27, AN ORDINANCE amending the right -of -way vacation provided by Ordinance No. 95 -47 by eliminating certain conditions precedent, and vacating an undeveloped portion of Garrett Street and portions of two associated alley right -of -ways in the vicinity south of Fruitvale Boulevard and west of North 6th Avenue. 8 492 APRIL 2, 1996 *25. CONSIDERATION OF ORDINANCE APPROVING RIGHT -OF -WAY VACATION IN VICINITY OF WEST SPRUCE STREET AT DAVIS HIGH SCHOOL, FILED BY YAKIMA SCHOOL DISTRICT #7 ORDINANCE NO. 96 -28, AN ORDINANCE vacating 160 feet of West Spruce Street and 300 feet of the associated alley at the Davis High School campus. *26. CONSIDERATION OF ORDINANCE APPROVING RIGHT -OF -WAY VACATION IN VICINITY OF 1701 TERRACE HEIGHTS DRIVE, FILED BY S.R. INNCO, INC. (OXFORD SUITES) ORDINANCE NO. 96 -29, AN ORDINANCE vacating 3600 square feet of right -of -way on the north side of Terrace Heights Drive at the intersection with 17th Street. *27. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR THE NEW UTILITY LOCATOR POSITION ORDINANCE NO. 96 -30, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective May 5, 1996; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, and 2.20.110 F, all of the City of Yakima Municipal Code. *28. SECOND READING OF AN ORDINANCE AMENDING THE 1996 BUDGET, MAKING APPROPRIATIONS FOR 1995 YEAR -END ENCUMBRANCES An Ordinance amending the 1996 budget and appropriating funds for 1995 year -end encumbrances,-previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 96 -31, AN ORDINANCE amending the 1996 budget for the City of Yakima; making appropriations for 1995 Year- End Encumbrances from Unappropriated Fund Balances within various Funds for expenditure during 1996. 29. OTHER BUSINESS None. Information Items: Items of information provided to Council were: Notice of Yakima Gateway /I -82 Project Update meeting on April 8, 1996; The President's Budget for Fiscal Year 1996; Letter from Allied Arts regarding Gilbert Park entrance resurfacing. 3/25/96; Memorandum from Yakima Valley Conference of Governments regarding Oil Smart Wednesday. 3/28/96; I/ Monthly Annexation Status Report for March. 4/2/96; February 29, 1996 to March 27, 1996 Monthly Report of Office of Neighborhood Development; Housing Opportunities for People Everywhere #1 1994/1995 Annual Performance Report; Housing Opportunities for People Everywhere #2 1994/1995 Annual Performance Report; 1994 First Quarter HOME Annual Performance Report; Home Program Data Report as of 2/29/96; Monthly Report of the Chief of Police for February 1996; 9 APRIL 2, 1996 Assignments Pending in.Office of Environmental Planning as of April 2, 1996; Agenda for March 28, 1996 Yakima Air • Terminal Board meeting and minutes of its February 22, 1996 meeting; YVCOG MPO /RTPO TAC Meeting Agenda for April 4, 1996 and Minutes from March 7, 1996 meeting; Agenda for April 4, 1996 Downtown Area Redevelopment committee meeting II and minutes of its March 7, 1996 meeting; Article from March 9, 1996 The Washington Post, "HUD to Scale Back Loan Aid Program "; and Article from March 27, 1996 Yakima Herald - Republic, "Semon Plans to Leave Airport Board." 30. ADJOURNMENT TO APRIL 9, 1996 AT 7:00 A.M. FOR INFORMAL COUNCIL MEETING AT THE YAKIMA CENTER There being no other business to come before the Council, it was MOVED BY KLINGELE, SECONDED BY PUCCINELLI, TO ADJOURN TO • APRIL 9, 1996 AT 7:00 A.M. FOR AN INFORMAL COUNCIL MEETING AT THE YAKIMA CENTER. The motion carried by unanimous voice vote; Sims absent. .. . D CERTIFIED ACCURATE BY:, ''Z READ AN' A 4/1;47 or Ps CIL M BER DATE Or _ ' A. •� ._ _ AP JO - 7- ' ? - f COUNCI MBER DATE ATTEST: A;:` v �,J - / S�� '� C I ` T ' Y CLERK LYNN BUCHANAN, MAYOR An audio and video tape of this meeting are available in the City Clerk's Office 10 • ■ v