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HomeMy WebLinkAbout12/17/1996 Business Meeting 245 CITY OF YAKIMA, WASHINGTON DECEMBER 17, 1996 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, Yakima, Washington, Mayor Lynn Buchanan, presiding. Council Members Clarence Barnett, Ernie Berger, John Klingele, John Puccinelli, and Bernard Sims present on roll call; Council Member Beauchamp 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 Puccinelli. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) 1. JOHN I. HAAS - UDAG GRANT -- The proclamation was postponed. Mayor Buchanan announced that the 7:00 p.m. YPAC live call -in program will have Jerry Copeland and Dave Hussell available to discuss the City's snow removal program. Council Member Berger asked if any Council Member would make a motion to reconsider the allocation of $25,000 to the Ag Showcase in the 1997 budget; there was no motion forthcoming. 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. It was the general consensus of the Council to add Item No. 29 and to remove Item No. 30 C from the Consent Agenda. I/ The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, THAT THE CONSENT AGENDA, AS AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 246 6 DECEMBER 17, 1996 *5. APPROVAL OF MINUTES OF THE SEPTEMBER 17, 1996 SPECIAL JOINT MEETING The minutes of the September 17, 1996 Special Joint meeting was approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. PUBLIC HEARING ON RASMUSSEN ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY) This being the time set for the public hearing, Bruce Benson, Associate Planner, described the proposed Rasmussen Annexation area, which is part of the Fruitvale Fire District, is approximately 21 acres in size and has an assessed valuation of $20,900. The city has received petitions for annexation totally 83 percent of the area's total valuation. Mayor Buchanan opened the public hearing and invited public comment. There being no one wishing to speak, he closed the public hearing. Ordinance No. 96 -80 having been read by title, it was MOVED BY SIMS, SECONDED BY BERGER, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Beauchamp absent. ORDINANCE NO. 96 - 80, AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective February 1, 1997. (Rasmussen Annexation) 7. PUBLIC HEARING ON NORTH SCENIC ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY) This being the time set for the public hearing, Bruce Benson, Associate Planner, described the North Scenic Annexation area, which is part of the Fruitvale Fire District, is approximately 70 acres in size and has an assessed valuation of $1,587,750. The City has received petitions and /or utilized Outside Utility Agreements from 80 percent of the area's total valuation. Mayor Buchanan opened the public hearing and invited public comment on the proposed annexation. There being no one wishing to comment, he closed the public hearing. Ordinance No. 96 -81 having been read by title only, it was MOVED BY SIMS, SECONDED BY BERGER, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Beauchamp absent. ORDINANCE NO. 96 - 81, AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective February 1, 1997. (North Scenic Annexation) 2 DECEMBER 17, 1996 247 7 8. AUDIENCE PARTICIPATION Betty Gaudette, 701 North 6th Street, read into the record a letter by Bev Luby Bartz written to the Editor, dated December 17, 1996, regarding a letter to the Editor from Daniel Hernandez on the subject of CDBG and the Office of Neighborhood Development. Katherine Alfaro, 710 Estes Road, related how she received a ticket for not obeying a school zone speed limit sign. She stated this sign is unlike all others in the City and in small print refers to the hours the speed limit is in effect; she was looking for flags or a flashing light to advise her it was appropriate to adhere to the school zone speed limit. She suggested the printing on the sign be enlarged and cautioned other drivers to be aware of this type of sign. Mary Place reported to Council the highlights of a conference she attended regarding neighborhood traffic calming devices and presented a written report. 9. RECONSIDERATION OF CDBG CONSOLIDATED PLAN APPLICATION FOR 1997 Dixie Kracht, Block Grant Manager, referred to her November 19, 1996 and December 16, 1996 memoranda and explained the changes concerning the reallocation of Rental Rehabilitation Funds to Neighborhood Improvement Projects, Single Family Rehabilitation, and Infrastructure programs indicated as Option A. This is the recommended alternative which best addresses public comments brought forth during the public meeting. Ms. Kracht entertained additional questions and there was a considerable amount of discussion about program operation costs and direct program costs as well as how time is allocated for new programs. Also discussed were the issues of matching funds and the federal limit on administrative costs for new programs. Mayor Buchanan invited public comment from the audience. John Wilde, 2608 Hollowcreek, spoke in favor of the existing I/ program and felt it had encouraged home ownership and pride in the area. He also spoke in favor of infrastructure improvements including sidewalks and cyclone fences, but felt home ownership should be given priority because it improves the quality of the whole neighborhood. 3 248 8 DECEMBER 17, 1996 Maurice A. Lang, with Habitat for Humanity, complimented Dixie Kracht for her exemplary leadership and innovation in housing programs. Aileen Kane, 803 North 5th Avenue, agreed with the two previous speakers. She feels there is a tremendous need for affordable housing for people with low incomes since rents can take over half the income of a minimum wage worker. Peggy Bacen -Weed, YWCA Domestic Violence Program, feels - affordable housing is an important issue and should be a priority. She reported the length of stay in her program has increased because people cannot afford to move out of the shelter due to the high cost of housing. Ms. Bacen -Weed described some of the circumstances she observes including unsafe areas of town and three or four or more families living in a single family dwelling. Patty Dion, Executive Director of the YWCA, asked the Council to approve their Block Grant request to make improvements to their shelter. Carol Fredericks, Office of Aging and Long Term Care, feels the Rehab Program is good for the community and provides funding for senior and disabled people for home repair. She described certain projects and the type of improvements which benefit those who are living on extremely limited incomes. Phoebe Nelson, Yakima County Coalition for the Homeless, expressed concern for the lack of affordable rental housing in Yakima. She agreed with the previous speakers' comments about the length of the average shelter stay and the housing difficulties experienced by the low income people. She provided copies of an affordability matrix to the Council and encouraged approval of the CDBG plan. Robin Zeller, 110 North 16th Avenue, expressed his personal thoughts about community pride and the All - American Dream to own your own home. He spoke in favor of funding for the CDBG plan. James Clark, 806 South 4th Avenue, a General Contractor, spoke in favor of infrastructure repairs and urged the Council to approve the CDBG plan. He feels the Housing I/ Office has provided a valuable resource for the City and housing should be a priority. Tim Carlson, 4706 Douglas Drive, echoed the comments of earlier speakers about pride of home ownership and community 4 DECEMBER 17, 1996 249 pride that develops in youth who become involved. He spoke in favor of the Habitat for Humanity program and urged the Council to continue the CDBG funding, a valuable tool for the community. Jeron Banyon, 5201 Scenic Drive, agreed with all comments in support of the program. He felt all current programs should remain. Bert Carlson, 807 South 46th Avenue, spoke in favor of Habitat for Humanity and the Housing Authority structures, which has improved properties by replacing deplorable, unsightly structures with decent affordable housing. Buddy Kluck, Chairman of the Board of Directors of the Yakima Valley Partners Habitat for Humanity, reported Habitat for Humanity has completed about 22 homes in Yakima, which has added to the tax rolls. He thanked the Council for their help in the past, and encouraged the Council to continue making funds available through block grants for lot acquisition. Hector Franco, Executive Director of Asociacion de Barrios Hispanos and also as a member of the Kittitas Economic Development District, feels some of the previous speakers were speaking out of self - interest. He feels a private contractor could have built the houses instead of the Habitat for Humanity program, if sufficient infrastructure was provided and if the government provided sufficient incentives to protect the investment. He questioned the use of CDBG funds for housing programs as opposed to private banks. He feels the City staff has been resistant to his suggestions as well as input from the community, specifically as it relates to his request for a feasibility study of Washington Middle School. He accused City staff of retaliation against him. He feels there is a lack of independence between the CDAC and the Housing Office, and he feels discretion is being used as it relates to neighborhood improvement projects, particularly his group's project grant request. He called for a limited investigation. He expressed frustration because he felt there is a lack of communication between the City and him. He feels there is a conflict of interest between the Office of Neighborhood Development Services and the Advisory Committee. He feels harassment is .taking place by City staff 1/ toward a member of the Community Advisory Committee for opposing the plan. He feels due process is lacking in these situations. Mr. Franco reported he had obtained freedom of information material that showed the 11 members of the Housing office are receiving $407,000 on an annualized basis and provided salary information about Housing staff members. The Council commented about the allegations made by Mr. Franco as it would relate to legal options which would • 5 2 50 DECEMBER 17, 1996 need to be addressed in the future. Mayor Buchanan recognized Mr. Franco had concluded his comments and brought an end to this discussion. He called for the next speaker. Lee Arnett, owner of Rental Services of Yakima, described the service his company offers to the public, which matches landlords and tenants by computer. He indicated there is a lack of rental housing for low income people which needs to be addressed; however, he explained the overall vacancy factor in Yakima must also be considered. This image affects business relocation purposes, which are included in the middle and upper ranges, not the low income sector, which is where there is a lack of affordable rentals. Roger Finch, Vice - Chairman of the Habitat for Humanity Board provided pictures of 22 completed homes in Yakima. He described the pride of ownership exhibited by the owners and the positive impact on the neighborhoods as well as the improved quality of life for the owners. He concluded his comments with a summary about the program including current mortgage costs for Habitat owners. Dan Tilley, 313 North 31st Avenue, spoke in favor of the housing program. He particularly discussed affordable housing as it relates to the Comprehensive Plan. Pastor Everhart, 1012 South 8th Street, complimented the Habitat for Humanity efforts in the Southeast community which have greatly improved the area. He spoke in favor of the CDBG program grants and spoke well of Dixie Kracht's management of the program. He would like to see more people helped by this program. Council Member Puccinelli recognized the selfless act by Pastor Everhart, who donated money he was personally entitled to for running the program. Instead of keeping the money, he gave it back to the program so a few more houses could be finished for more low income people. Sharon White, 7701 West Lincoln, spoke in favor of the Housing Program. Speaking from personal experience as a recipient in the program, she spoke highly of Dixie Kracht and the Office of Neighborhood Development -- professional, innovative, and hard working. She felt the community forum was unbiased and the majority of the community felt housing was the number one priority to be addressed. Jim Stewart, President of the Upper Valley Chapter of Habitat for Humanity, spoke in favor of the Housing Program and urged 6 DECEMBER 17, 1996 251 the Council to support the program. He directed attention to five families who have homes through Habitat for Humanity and who are present at this meeting because they are concerned other people may not get homes if there is a break in the process. He explained briefly how the program works and the I/ 'application process they utilize. Brenda Machacek, 1013 South 6th Street, spoke in favor of the Housing program which she has participated in. She described the pride of ownership and improved quality of life she has experienced and referred to the clean -up effort going on in the neighborhood. Pastor Gardner, 1019 East Spruce, spoke in favor of Housing Programs as well as funding for streets and sidewalks in his neighborhood. Cleo Mann, YVCC Student, asked the Council to speak to the Yakima School District in support of the effort to turn the Washington Middle School building into a community. center. Bill Ignacio expressed concern for the deterioration of southeast Yakima and the lack of affordable housing, He is disappointed about the slum conditions, crime, graffiti and violence. Mr. Ignacio feels southeast Yakima needs another community center and asked the Council to convince the Yakima School District to turn the old Washington Middle School building into a community center. Ernesto Sanchez, 919. North 5th Avenue, spoke in favor of turning the old Washington Middle School building into a community center in southeast Yakima. Lois Scott, 303 South 4th Street, Apartment #1, a tenant with the Yakima Coalition for the Homeless, spoke in favor of Housing Programs. David Gutierrez, Davis High School Student, spoke in favor of turning the old Washington Middle School building into a community center in southeast Yakima. There was an exchange of ideas between Council Member Berger and Mr. Gutierrez . concerning neighborhood crime in southeast Yakima and the effort to help this neighborhood and funding dedicated to trying to solve the crime problem. Lupita Nguyen, YVCC student, spoke in favor of turning the old Washington Middle School building into a community center 1/ in SE Yakima. Luz Gutierrez, 1425 South 34th Avenue, feels the majority of the previous speakers do not have the depth of information that she has because she has been involved in research and ,7 252 DECEMBER 17, 1996 reading information. She feels several of the previous speakers directly benefit from the City's housing programs. She reported that $16 million has been spent on the east side of Yakima during the last 20 years. She referred to the crime and violence in neighborhoods on the east side of Yakima as the reason for losing five convention bookings. She reported the majority of new businesses in east Yakima are minority businesses who serve minority consumers. She referred to the Housing Foundation where she requested a copy of an audit report, but did not receive it. She expressed frustration about the allocation of resources and feels the Housing staff is not doing their job. She felt sidewalks should be included as infrastructure. She indicated her involvement on the Governor's subcommittee for Hispanic Issues and reported the issues of economic development, adequate housing, and single family housing are the primary issues on the table along with how CDBG dollars are being spent. Rockie Jackson, Yakima School District, reported he received an unsigned document about the concept of reallocating funds to purchase property and develop the old Washington Middle School structure into some sort of a facility. He invited the Council to read the document, stating it invites the City to enter into negotiations to trade property for the building, and renovate the building and turn it back into a school. He referred to the March 25, 1995 Class 3 issue where the Council considered that. He reported the School District has committed funds and contracts with contractors for the play field space at the new Washington Middle School site. The old building will be demolished to provide space for play field space at the new school site. He reported the School District has no interest in renegotiating those contracts. Betty Gaudette, 701 North 6th Street, read a portion of a letter from her husband in favor of using block grant money to improve streets, sidewalks, lights and possibly the irrigation system. Mrs. Gaudette spoke in favor of the Senior Rehab Program as well as the Single Family Rehab program. She suggested money be put toward additional land in the southeast and north central areas. She spoke in favor of the Neighborhood Improvement Project program. Maud Scott, southeast Yakima resident, suggested spending CDBG money for more open space for children to play, particularly the land north of Race Street between 7th and I/ 8th Streets. Sidewalks are another needed item from Chestnut to Fair and on Union. She felt sidewalks should be repaired between Chestnut and Fenton on Union Street in front of the Housing Foundation homes. She suggested using CDBG money to purchase vacant property on South 10th Street behind the 8 DECEMBER 17, 1996 253 Yakima Housing Authority units at 110 Fair Avenue to provide a backyard for children in the area. She suggested allocating funding for community forums to educate citizens about program possibilities and to bring in outside speakers to share information about successful programs, policies and I/ ideas with the goal of designing a new approach to revitalize the target area by developing neighborhood plans. There being no one else wishing to comment, Mayor Buchanan asked for Council direction. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO APPROVE THE 1997 CONSOLIDATED PLAN WITH OPTION "A ", WHICH ALLOCATES $255,000 IN MULTI - FAMILY REHAB FUNDS TO OTHER ACTIVITIES, INCLUDING NEIGHBORHOOD IMPROVEMENT PROJECTS, SINGLE - FAMILY REHABILITATION AND INFRASTRUCTURE. The motion carried by a 5 -1 voice vote; Berger voting nay; Beauchamp absent. Resolution No. R -96 -157 was read by title only, and it was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. R - 96 - 157, A RESOLUTION authorizing and directing the City Manager of the City of Yakima submit a One Year Plan to the United States Department of Housing and Urban Development in compliance with the Five Year Strategy of the consolidated Plan developed in 1995. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH PACIFIC COUNTY RESOLUTION NO. R - 96 - 158, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Pacific County. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE PATROL, STATE FIRE MARSHALL, FOR FIRE PROTECTION INSPECTIONS IN STATE LICENSED BOARDING HOMES RESOLUTION NO. R - 96 - 159, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of 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 I/ boarding homes. *12. CONSIDERATION OF RESOLUTION ESTABLISHING A VAN POOL PROGRAM IN THE TRANSIT DIVISION RESOLUTION NO. R - 96 - 160, A RESOLUTION establishing a Van Pool Program within the City of Yakima, Transit Division. 9 2 54 DECEMBER 17, 1996 *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT RENEWAL WITH UNION GAP TO PROVIDE RADIO MAINTENANCE SERVICES RESOLUTION NO. R -96 -161, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Communications Equipment Repair and Maintenance Services Agreement with the City of Union Gap. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT RENEWAL WITH FIRE DISTRICTS, CITY OF SELAH AND CITY OF UNION GAP FOR DISPATCHING SERVICES RESOLUTION NO. R -96 -162, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Fire Communications Services Contract with the City of Union Gap, the City of Selah, and various Yakima County Fire Protection Districts. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF RENTAL AGREEMENT FOR OAK FLATS PROPERTY RESOLUTION NO. R -96 -163, A RESOLUTION authorizing the City Manager to execute a Residential Rental and Security Deposit Agreement with Frank and Meralee Nash, husband and wife, for the use of certain property at Oak Flats. *16. CONSIDERATION OF RESOLUTIONS SETTING DATE OF PUBLIC HEARINGS BEFORE THE HEARING EXAMINER FOR JANUARY 23, 1997 FOR: A. PETITION FILED BY STEVEN ELKINS, ARCHITECTS, INC. ON BEHALF OF SAFEWAY, INC. TO VACATE A PORTION OF RIGHT- OF -WAY IN THE VICINITY OF NORTH 4TH AVENUE BETWEEN W. "B" AND LINCOLN AVENUE RESOLUTION NO. R -96 -164, A RESOLUTION fixing time for public hearing before the Hearing Examiner on January 23, 1997, on a petition filed with the City Clerk by Steven P. Elkins, Architects;. Inc., on behalf of Safeway, Inc., to vacate a portion of right -of -way located on the west side of North 4th Avenue between West Lincoln Avenue and West "B" Street in the vicinity of the 5th Avenue Safeway Store. • 10 DECEMBER. 17, 1996 255 B. PETITION FILED BY YAKIMA SCHOOL DISTRICT #7 TO VACATE A PORTION OF RIGHT -OF -WAY IN THE VICINITY OF SOUTH 7TH STREET AND EAST MAPLE STREET NEAR WASHINGTON MIDDLE SCHOOL RESOLUTION NO. R -96 -165, A RESOLUTION fixing time for public hearing before the Hearing Examiner on January 23, 1997, on a petition filed with the City Clerk by Yakima School District #7 to vacate a portion of right -of -way located at northeast corner of South 7th Street, and Maple Street in the vicinity of Washington Middle School. C. PETITION FILED BY SWAN MEMORIAL HOUSING ASSOCIATION TO VACATE A PORTION OF RIGHT -OF -WAY IN THE VICINITY OF 8 SOUTH 8TH AVENUE RESOLUTION NO. R -96 -166, A RESOLUTION fixing a time for a public hearing before the Yakima Urban Hearing Examiner on January 23, 1997, on a petition filed with the City Clerk by Swan Memorial Housing Associates to vacate a portion of right- of7way located in the vicinity of 8 South 8th Avenue. *17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH JUDY LEBENS,•R.N., TO PROVIDE FOOTCARE SERVICES AT THE SENIOR CENTER RESOLUTION NO. R -96 -167, A RESOLUTION authorizing and . directing the City Manager and the 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. *18. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE OFFICE OF AGING AND LONG TERM CARE FOR FOOTCARE SERVICES AT THE SENIOR CENTER RESOLUTION NO. R -96 -168, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the County of Yakima, Office of Aging and Long Term Care, for a 1997 Geriatric Footcare Program for Senior Citizens. • 11 256 DECEMBER 17, 1996 *19. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE OFFICE OF AGING AND LONG TERM CARE FOR A SOCIAL DAY CARE PROGRAM FOR SENIOR CITIZENS RESOLUTION NO. R -96 -169, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the County of Yakima, Office of Aging and Long Term Care, for a Social Day Care Program for Senior Citizens. *20. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LEASE RENEWAL WITH THE YAKIMA INTERURBAN LINES ASSOCIATION AND INDEMNIFICATION AGREEMENT FOR 1997 RESOLUTION NO. R -96 -170, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a lease and operating agreement with Yakima Interurban Lines Association, Inc. for electric railway street car operation until the end of 1999. *21. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT RENEWAL FOR LONG -TERM CARE AGREEMENT FOR TRANSPORTATION' SERVICES WITH PEOPLE FOR PEOPLE /AGENCY ON AGING RESOLUTION NO. R -96 -171, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Yakima County and People for People, Inc., relating to transporting elderly and handicapped citizens. *22. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A BANKCARD SERVICES AGREEMENT WITH BANK OF AMERICA NW, N.A., D /B /A SEAFIRST BANK RESOLUTION NO. R -96 -172, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a•bankcard services agreement with Bank of America NW, N.A., d /b /a Seafirst Bank, and the City of Yakima *23. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING FOR JANUARY 7, 1997 ON FINAL ASSESSMENT ROLL FOR ALPINE COURT SEWER LID #1053 RESOLUTION NO. R -96 -173, A RESOLUTION fixing a time and date for a hearing on the final assessment roll for Local Improvement District No. 1053. 12 • • DECEMBER 17, 1996. 257 • • • *24. CONSIDERATION OF RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH CAVANAUGHS (D /B /A'M & M CATERING) FOR CATERING SERVICES AT THE YAKIMA CENTER • RESOLUTION NO. R - 96 - 174, 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 and Goodale and Barbieri Companies,, d /b /a..M &.M Catering to obtain catering and concession services at the Yakima Convention Center. *25. CONSIDERATION OF APPOINTMENT OF JESSE COX TO THE POLICE AND FIRE CIVIL SERVICE COMMISSION • The reappointment of Jesse Cox to the Police and Fire Civil Service Commission, was confirmed, for a new term expiration date of December 31, 2002. *26. SET DATE OF PUBLIC MEETINGS FOR-JANUARY 7, 1997 TO CONSIDER: A. HEARING' EXAMINER'S RECOMMENDATION REGARDING REZONE REQUESTED BY YAKIMA WIRE WORKS • • January, 7, 1997 was set as the date of public meeting to consider the Hearing Examiner's recommendation approving a rezone requested by Gary & Rita Germunson and Philip Mills, d /b /a Yakima Wire Works. B. APPEAL OF HEARING EXAMINER'S DECISION REGARDING ADMINISTRATIVE ADJUSTMENT OF SIDE YARD SET -BACK IN THE VICINITY OF 4904 CASTLEVIEW DRIVE, FILED BY CLARENCE MARSHALL January 7, 1997 was set as the date of public meeting to consider appeal of the Hearing Examiner's recommendation granting an administrative adjustment of a side yard setback at 4904 Castlevale Drive. *27. SET DATE OF PUBLIC HEARING FOR JANUARY 14, 1997 ON THE YAKIMA URBAN AREA COMPREHENSIVE PLAN 0 January 14, 1997 was set as the date of public hearing on the Yakima Urban Area Comprehensive Plan. *28. APPROVAL OF REPORTS SUBMITTED FROM FINANCE DEPARTMENT: A. THIRD QUARTER 1996 TREASURY REPORT • The Third Quarter 1996 Treasury Report was accepted. • 13 o . '258 DECEMBER 17, 1996 B. RESOLUTION ACCEPTING THIRD QUARTER 1996 INSURANCE CLAIMS REPORT RESOLUTION NO. 96 - 175, A RESOLUTION accepting and approving the Quarterly Insurance Claims Report. C. NOVEMBER 1996 REVENUE AND EXPENDITURE (BUDGET) REPORT The November 1996 Revenue and Expenditure (Budget) Report was accepted. *29. CONSIDERATION OF ORDINANCE ADOPTING THE 1997 BUDGET ORDINANCE NO. 96 - 82, AN ORDINANCE adopting a budget for the City of Yakima, Washington, for the year 1997; and making appropriations for estimated expenditures. 30. CONSIDERATION OF LEGISLATION RE: APPROVED 1997 BUDGET POLICY ISSUES: *A. RESOLUTION AMENDING FEES AND CHARGES FOR PARKS AND RECREATION PROGRAMS RESOLUTION NO. R - 96 - 176, A RESOLUTION adopting a schedule of fees for the Parks & Recreation Division of the City of Yakima. *B. ORDINANCE AMENDING REFUSE UTILITY RATES FOR BINS, CANS AND YARD SERVICE ORDINANCE NO. 96 - 83, 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. C. ORDINANCE AMENDING MUNICIPAL CODE REGARDING WIRELESS COMMUNICATION DEVICES Mr. Switzer, 1169 West Yakima Avenue, objected to the tax on cellular phones because he felt he will be taxed for something that he will not used in the city. He uses his cell phone for emergency purposes only. There was discussion about how the tax will be charged and collected on the service address in Yakima, the basis being state statute. Ordinance No. 96 -84 having been ) read by title only, it was MOVED BY SIMS, SECONDED BY KLINGELE, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Beauchamp absent. 14 • DECEMBER 1 C 7, 1996 ORDINANCE NO. 96-84, .AN ORDINANCE relating to occupation taxes on utilities; changing tax rates and tax bases; amending Sections 5.50.050 and 5.50.070 of the City of Yakima Municipal Code; and adding new Section 5.50.100 to the Municipal Code. *D. ORDINANCE ADOPTING AMENDED CEMETERY FEE SCHEDULE ORDINANCE NO. 96 - 85, AN ORDINANCE related to public service and utilities; amending rules and regulations for Tahoma Cemetery; and amending Section 7.04.090 of the City of Yakima Municipal Code. *E. ORDINANCE AMENDING CITY MANAGER'S VEHICLE ALLOWANCE ORDINANCE NO. 96 - 86, AN ORDINANCE relating to city administration; amending the vehicle allowance for the City Manager. *31. CONSIDERATION OF ORDINANCE AMENDMENT FOR DEL MATTHEWS REZONE ORDINANCE NO. 96 - 87, AN ORDINANCE relating to zoning, amending Ordinances 93 -97 and 93 -98 to provide revised . conditions on the rezone of property located at 4411 Powerhouse Road in Yakima, Washington, from Suburban Residential (SR) to Light Industrial (M -1). *32. FIRST READING OF ORDINANCES AMENDING THE 1996 BUDGET AND APPROPRIATING FUNDS FOR (NO ACTION REQUIRED THIS MEETING): A. STREETS & TRAFFIC AND EQUIPMENT RENTAL FUNDS FOR SNOW AND ICE CONTROL An Ordinance amending the 1996 budget appropriating funds for unanticipated snow removal costs, having been • read by title, was laid on the table for three weeks, until January 7, 1997. B. ADDITIONAL UNANTICIPATED DIAL -A -RIDE EXPENSES An Ordinance amending the 1996 budget appropriating funds for additional Dial -A -Ride expenses, having been read by title, was laid on the table for three weeks, until January 7, 1997. C. HEALTH BENEFIT FUND FOR UNANTICIPATED EXPENSES An Ordinance amending the 1996 budget appropriating funds for unanticipated medical claim costs, having been read by title, was laid on the table for three weeks, until January 7, 1997. 15 2 6.0 DECEMBER 17, 1996 D. REFUSE & RECYCLING FUND FOR UNANTICIPATED TEMPORARY STAFF EXPENSES An Ordinance amending the 1996 budget appropriating funds for unanticipated temporary staff, having been read by title, was laid on the table for three weeks, until January 7, 1997. 33. OTHER BUSINESS I/ It was MOVED BY PUCCINELLI, SECONDED BY SIMS, TO APPOINT TOM PARKER, MARY PELLICER, JAMES CLARK, AND BOB MASON TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. Council Member Klingele requested the question be divided. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO APPOINT TOM PARKER. The motion failed by a 3 -3 tie vote; Barnett, Berger, and Klingele voting nay; Beauchamp absent. Council Member Klingele felt there was a possible conflict since Mr. Parker is the Director of the Yakima Housing Authority. It was MOVED BY PUCCINELLI, SECONDED BY BERGER, TO APPOINT MARY PELLICER TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. The motion carried by unanimous voice vote; Beauchamp absent. It was MOVED BY PUCCINELLI, SECONDED BY BERGER, TO APPOINT JAMES CLARK TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. The motion carried by 5 - 1 voice vote; Klingele voting nay; Beauchamp absent. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO APPOINT BOB MASON TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. The motion carried by unanimous voice vote; Beauchamp absent. Information Items: Items of information provided to Council were: Assignments Pending in Office of Environmental Planning as of December 17, 1996; Human Resources Division Monthly Status Report for November 1996; Minutes of the November 11, 1996 Parks and Recreation Commission meeting; and Article from October 30, 1996 The Record Review, "Your Kid Messed Up." 34. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION: A. CARLOS AND LUZ HERNANDEZ DAMAGE CLAIM B. BEATY DAMAGE CLAIM C. I -82 PROPERTY ACQUISITION /CONDEMNATION SETTLEMENT I/ It was MOVED BY BERGER, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING AND PROSPECTIVE LITIGATION. The motion carried by unanimous voice vote; Beauchamp absent. 16 • 261 DECEMBER, ; 17 , 1996 35. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 4:45 p.m. READ AND CERTIFIED ACCURATE BY: / /-K - 77 • t4 " CIL MEMBE' DATE • COI, CIL MEMBER DATE ATTEST: • A • CITY CLERK /LYNN BUCHANAN, 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