HomeMy WebLinkAbout02/28/1989 Business Meeting A 10
FEBRUARY 28, 1989
BUSINESS MEETING
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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 Pat
Berndt, presiding, Council members Clarence Barnett, Henry
Beauchamp, Lynn Buchanan, Lynn Carmichael, and Bernard Sims present
on roll call. Council member Jerry Foy absent and excused. City
Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy
City Clerk Toney also present.
2. INVOCATION'
The Pledge of Allegiance was led by Council member Buchanan.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Mayor Berndt read a proclamation designating the month of March as
"Red Cross Month" and presented the proclamation to Judy Kehl,
representative of the. Red Cross.
Council member Carmichael reported that the Council Committee
conducted interviews of those citizens who applied to serve on the
Regional Planning Commission and she is prepared to make a motion
in that regard. Therefore, it was MOVED BY CARMICHAEL, SECONDED BY
BUCHANAN, THAT GEORGE PECHTEL BE .APPOINTED T0. FILL .THE CITY'S
VACANT POSITION ON THE REGIONAL PLANNING COMMISSION,, "THE VACANCY
HAVING. BEEN CREATED BY THE RESIGNATION OF JIM KURBITZ. Unanimously
carried by voice vote; Foy absent.
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 consensus
. of the Council that Item No. 9 be added, and Items Nos. 15 and 16
be removed. The City Clerk then read the Consent Agenda items,
including resolutions and ordinances by title. It was MOVED
BY CARMICHAEL, SECONDED BY BUCHANAN, THAT THE. CONSENT AGENDA, AS
READ, BE PASSED. Unanimously carried by roll call vote;
Foy absent. (Subsequent paragraphs preceded by an asterisk ( *)
indicate items on the Consent Agenda handled under one motion
without further discussion.)
*5. APPROVAL OF MINUTES OF THE COUNCIL MEETING OF JANUARY 24, 1989
The Council minutes of January 24, 1989 were approved, having been
duly certified accurate by two Council members and no one present
wishing to have said minutes read publicly.
6. AUDIENCE PARTICIPATION
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None. . •
7. PUBLIC HEARING ON ANNEXATION OF WASTEWATER TREATMENT PLANT
PROPERTY (SEE ORDINANCE)
This being the time set for the public hearing, Planning Manager,
Don Skone, stated Council took action last July to annex the
Wastewater Treatment Plant to the City, however, this was never
submitted to the Boundary Review Board (BRB) for approval. After
receiving notice from the Boundary Review Board, the City then
submitted the annexation for approval, which was granted, and
consequently the matter is back before the Council for a public
hearing. There being no citizen present to speak in favor or
against the annexation and Ordinance No. 3158 having been read by
title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT THE
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FEBRUARY 28, 1989
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ORDINANCE BE .PASSED.- Unanimously. carried by roll call vote; Foy
absent.
ORDINANCE NO. .3158,1AN ORDINANCE annexing the City's Wastewater
Treatment Facility to the City. of Yakima and zoning said property
Suburban Residential District.
8. PUBLIC MEETING ON COMMUNITY DEVELOPMENT GRANT BLOCK GRANTEE
PERFORMANCE REPORT
This being the time set for the public meeting on the Community
Development Block Grant Performance report, Dixie Kracht, Housing
Manager, stated the staff of the Office of Housing and
Neighborhood Conservation have affected approximately.8,000 people
in the community by using block grant monies. She reported they
have affected living conditions of 94 homes in the target area.
Mrs. Kracht stated this has been accomplished with the assistance
of public and private lending agencies and the cooperation of the
City Council. She yielded to questions from Council at this time.
Mayor Berndt encouraged Council to attend the grand openings of
some of the homes, particularly the homes constructed by Habitat
for Humanity. Mrs. Kracht stated next week she will present a
program overview, including the thirteen year history of the Block
Grant Program. She stated this report will also illustrate how the
Office of Neighborhood Conservation has invested 13 million dollars
into the community. Council member Beauchamp asked Mrs. Kracht to
define the Rehab /Resale program. Mrs. Kracht stated this program
involves the Habitat for Humanity wherein the City purchases
abandoned, dangerous properties and then deeds the property over to
a low income person. The low income person then applies to Habitat
for Humanity, who in turn, builds a new home' for the family if
they meet the qualifications. The family must contribute 500 hours
of labor toward the building of the home, and must repay the
actual dollar amount spent to construct the home. Mayor Berndt
III reported that workers from the Soviet Union will be coming to
Yakima this fall to help build some homes. with Habitat for
Humanity. There being no one present to address this issue, the
public meeting: was closed and Mayor Berndt asked for Council
direction. It was MOVED' BY BUCHANAN, SECONDED ..BY. BEAUCHAMP, TO
.ACCEPT. THE .,GRANTEE PERFORMANCE REPORT AND.' CITY
. MANAGER. - TO ... SUBMIT :. THE REPORT:TO THE " U:: S :. DEPART LENT .OF' HOUS ING AND
._URBAN DEVELOPMENT:' Unanimously carried by.voice vote; Foy absent. •
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*9. REPORT FROM PUBLIC WORKS DEPARTMENT :ON STATUS OF PARKS BOND'
PROJECTS
The report from the Director of Public Works and,the Department of
Engineering was placed on the Consent Agenda and. approved as
submitted.•
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* 10. CONSIDERATION OF RESOLUTION WITHDRAWING COUNCIL INITIATED REZONE OF
PROPERTY IN VICINITY OF 8TH AVENUE AND WALNUT
RESOLUTION.NO. D -5552, A RESOLUTION withdrawing the initiation of
an amendment to the City zoning map for certain property in the
vicinity of 7th Avenue and West Walnut within the City of Yakima,
Washington...
* 11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT
NO. 2 OF AIRPORT /FAA GRANT AGREEMENT
RESOLUTION NO. D- 5553, A RESOLUTION authorizing Amendment Number 2 •
to the Federal Aviation. Administration Agreement for Project
Number 3 -53- 0089 -07 (Airport Improvements).
* 12. CONSIDERATION OF RESOLUTION: AUTHORIZING EXECUTION :. OF. CONTRACT WITH
TICOR TITLE FOR YVT SYSTEM RIGHTS -OF -WAY TITLE SURVEY
.RESOLUTION NO. D -5554, A RESOLUTION authorizing execution of a
contract with Ticor Title Insurance Company. for classification of
former Yakima Valley Transportation Company Property Interests.
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*13. APPROVAL OF YEAR END 1988 INSURANCE CLAIMS REPORT
The Year End 1988 Insurance Claims Report submitted.„ by the
Department of Finance and Budget, was accepted.
*14. APPROVAL OF FINAL CONTRACT PAYMENTS (STANDARD MOTION V -A, ACCEPT
PROJECTS AND APPROVE FINAL PAYMENTS):
A. CITY SHOPS - RESTROCM ALTERATIONS PROJECT
The .report from the City Engineer dated 2/21/89, with respect to
the .completion of the work on the City Shops Restroom
Alterations project, performed by Stephens & Sons Construction, was
approved, the work accepted and payment of the final estimates as
therein set forth was authorized.
B. MILLER PARK TREE REMOVAL PROJECT
The report from the City Engineer dated 2/21/89, with respect to
the completion of the work on the Miller Park Tree Removal
project, performed by Professional and Affordable.. Tree Service, was
approved, the work accepted and payment of the final estimates as
therein set forth was authorized.
15. .CONSIDERATION OF AN ORDINANCE AMENDING.THE PRIVATE REFUSE UTILITY
TAX . .
City Manager Zais stated this is a housekeeping measure to reaffirm
and legally establish a decision made by the City Council on •
December 13, 1983 regarding the City's tax on private refuse
haulers. He explained that at that time the tax which was in
effect for the City's refuse system and the private refuse haulers
was 8 %. He spoke about. the history of the special election which
placed the issue of refuse collection to the vote of the people.
Mr. Zais stated that part of the reason the tax was increased
prior to 1983 was to address some of the costs associated with
putting that issue on the ballot. Mr. Zais stated in the budget
sessions conducted" An ..1983. for:: the coming year there was a
. ; recommendation to reduce. the tax from 8% to 6% for both. City and
private refuse. .haulers., »., effective January of , 1894. .He further
stated an ordinance was passed reducing the tax for the .City's
refuse hauler, however, adoption of an ordinance reducing the tax
for the private hauler was overlooked and this was recently
discovered by staff in reviewing the issue. The ordinance being
considered today will retroactively correct that measure, reducing
the tax from 8% to 6% for private haulers. Mr. Zais further
explained that the 2% differential has never been collected since
that timeframe, therefore, the City has not collected any
additional revenue. He stated the intent of this ordinance is to
retroactively reduce the tax - for the private hauler from 8% to 6%.
This was part of the discussion during the budget wrap - session
and was acknowledged in the 1984 adopted budget which became a
matter of public record. He stated the budget statement clearly
identified the objective and intent of the Council at that time to
reduce that tax and it also contained an estimation of revenue
impact. Mr. Zais stated a further objective was to maintain
consistency, not just with the City's own tax, but with the
expected ramp down of other private utilities to the level of 6% so
they all would be equal once the rampdown was in effect,
recognizing further that the City's tax on it's own utilities has
been different during that same timeframe. He added last year the
City acted to raise the City's tax ,to. 8% and dedicate. that
additional revenue to Parks Maintenance.
Council member Beauchamp stated he was approached by a couple of
citizens asking if, the matter could be postponed for 30 days.
Mayor. Berndt stated she too has received some phone calls and there
seems to be a lot of confusion about rates•, and the City Council
does not . set .rates. She stated this is simply addressing, in
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written form, the action that was taken previously. Mayor Berndt
':asked if anyone present would like to,speak to this issue.
Director of. Finance and Budget Hanson stated he seven form
. letters today via Mayor Berndt which. clearly indicate there is a
definite misunderstanding of the issue. Mr. _Hanson read. the.. form
letter into the record so that it could be addressed' by the
Council. The first paragraph of the letter reads as follows: "It
has come : to my attention that in a City Council meeting scheduled
for Tuesday, February 28, 1989, at 2:00 P.M., the City Council will
consider the amendment of an existing city ordinance imposing an
eight percent tax on the gross revenues of commercial refuse
haulers operating within the city limits.. Specifically, I have
learned that the proposed amendment seeks to "roll back" the eight
percent tax imposed on commercial haulers to a mere six percent."
The letter goes on to say that ... "I am outraged. that the Council
would even consider providing a commercial refuse hauler with a tax
decrease to six percent when city residents, themselves,. currently
pay a eight percent *refuse hauling tax for residential garbage
disposal." The individuals who submitted those letters were: B.L.
Robillard, Bi -Mart Manager, Patrick Messer, employee of Cascade
Truss, 420 South 3rd Avenue, Rodger Ronning, Cascade Truss, Doug
Lemon, owner of apartments at 110 North 9th Street, Craig Schultz
Construction Inc., 215 North 3rd Avenue, Jill A. Doll, 621 So.
30th Avenue, 7 -11 Store, and Gary Roose, owner of Gary's Red Apple
Market. A separate letter opposing the alleged "roll back" was
also received from Bob Clem, Yakima Valley Air Fair Association.
All of the letters urged Council to defeat the roll back and table
the issue until a public hearing can be held. Mr. Hanson stated
the thread that runs through the letters is a misunderstanding of
the policy issue that was adopted by Council in 1983 which was the
reduction to 6 %, and even though it has been done administratively,
staff discovered that it had been inadvertently omitted from the
ordinance which was passed.
Council member Barnett attempted: _to .clarify .the .issue ~ _before
Council today, explaining that` the action by Council tod will
correct a housekeeping error which was made, and clearly stated,
and acted, upon in prior years. He said if Council wishes to
consider increasing the tax to 8 %, it would be'necessary to conduct
a public hearing.
Mayor Berndt stated it is a misnomer to say that the tax is being
rolled back; all Council is doing is adjusting the paperwork to
match the current policy of a 6% tax.
City Manager Zais stated the current municipal tax is 8% on, City
owned utilities. He explained that City owned utilities was raised
last year from 6% to 8% with the additional revenue dedicated for
Parks needs.
• Council member Beauchamp stated he thinks the City should bring the
tax paid by private haulers in line with the rate of tax the City
pays.. .
City Manager Zais reminded Council member Beauchamp that the other
reason for doing that was to keep the private sector utility taxes
the same as what is specified in the law on other private
utilities, i.e. gas,... telephone and power.
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ORDINANCE NO. 3135, having been read by title, it was MOVED BY
BEAUCHAMP,...:..S •., DED BY SIMS, ' :THAT..: THE,. ORDINANCE. BE PASSED.
Unanimously carried by roll call vote;. Foy absent.. _.
A brief discussion followed regarding the amount of.tax paid by the
. private hauler versus the City refuse system. Various council
members expressed an interest in having staff present a new study
on this entire issue. It was 0 D BY .CARMICHAEL,.....SECONDED BY
:SIMS, T0. .DIRECT' , STAFF° . '10 :. BRING .BACK " REPORT :`:.OUTLINING THE
'COMPARISON BEIWEEN``THE' CITY. :CURRENTLY: CHARGING: ALL :.UTILITIES AT THE
SAME RATE OF TAX .VERSUS.:CHARGING. :THE PRIVATEREFUSE CONTRACTOR THE
SAME .RATE THE CITY. Unanimously. carried by voice.vote. Foy
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absent. City Manager Zais clarified the amount of tax now in
force, stating the 2% is for Parks maintenance and the 6% is for
general fund. He stated if Council decides to add 2% at a later
date, they must decide where to allocate those funds.
ORDINANCENO..3159, AN ORDINANCE relating to refuse collection and
private refuse hauling operations; reducing the tax rate thereon;
and amending Subsection' 4.16.180 C of the City of Yakima Municipal
Code,
16. CONSIDERATION OF AN ORDINANCE REPEALING THE TRAFFIC SAFETY
COMMISSION AND HUMAN RELATIONS COMMISSION
Larry Mathews, 805 South 17th Avenue, inquired as to the function
of the Traffic Safety Advisory Commission and the Human Relations
Commission and asked why they are being eliminated. City. Attorney
Vanek stated the Traffic Safety Advisory Commission was established
to advise the Traffic Engineer on traffic signage and street
regulations. The Human Relations Committee was a body that advised
the City Council on matters of racial relations. Both were
established over ten years ago and it was recently pointed out that
they no longer are functioning, therefore, should be removed from
the Municipal Code. Council member Barnett- interjected that the
items related to the Human Relations Commission are now being
addressed at the state level rather than. a local level. Mr.
Mathews suggested that the City Council designate truck routes to
keep the .big trucks off the residential streets. Council member
Carmichael stated she has received complaints about semi trucks
being parked inside the city limits over night. City Attorney
Vanek stated there is an ordinance in the Municipal Code dealing
• with that and such complaints have been handled by the police
department. Mayor Berndt asked for more information on 'this
because this is not the first time the issue of truck routes has
come before the Council. Following the reading of Ordinance No.
3160 by title, it was.MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP -,
THAT THE ORDINANCE BE PASSED: Unanimously carried by roll call
vote. Foy absent.
ORDINANCE NO- 3160, AN ORDINANCE relating to Administration;
abolishing the Traffic Safety Advisory Commission and the Human
Relations Commission; and repealing Chapters 1.30 and 1.92 and
Sections 1.30.010, 1.30.020, 1.30.030, 1.30.040 and 1.30.050,
1.92.010, 1.92.020, 1.92.030, 1.92.040 and 1.92.050 of the City of
Yakima Municipal Code.
*17. CONSIDERATION OF AN ORDINANCE AMENDING THE 1989 BUDGET FOR 1988
YEAR -END ENCUMBRANCES (SECOND READING)
An Ordinance appropriating funds for 1988 year -end encumbrances,
having been read by title only at the previous meeting, was brought
before the Council for a second reading.
ORDINANCE NO. 3161, AN ORDINANCE amending the 1989 Budget for the
City of Yakima; making appropriations for 1988 year -end
encumbrances from Unappropriated Fund Balances within various Funds
for expenditure during 1989.
*18. CONSIDERATION OF AN ORDINANCE AMENDING THE 1989 BUDGET AND
APPROPRIATING FUNDS FOR A YAKIMA CENTER STUDY (FIRST READING)
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An appropriating, funds for a Yakima' Center Study, having
" been read by title only at this'meeting, was laid' on the table for
two weeks, or until March 14, 1989.
* 19. CONSIDERATION OF AN ORDINANCE AMENDING THE 1989 BUDGET AND
APPROPRIATING' FUNDS FOR PARTICIPATION IN FEASIBILITY STUDY FOR
CWU /AIRPORT FLIGHT. TRAINING PROGRAM (FIRST READING)
An : appropriating' funds for participation ''in a
feasibility 'study 'for..CWU /Airport flight training program, having
been read by 'title only at 'this' meeting, wa's laid on the table for
two weeks, or until March 14, 1989. " '
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20. OTHER BUSINESS •
Council member•Barnett asked for a report on the. City /County tax
issues that might be forthcoming under the present legislature as a
result of the recent sojourn to Olympia.
Council member Carmichael stated the legislators.are still working
on those issues. --
City Manager Zais distributed a status sheet which was used in
conjunction with the legislators, and gives a quick. overview on
the City's position on various bills that have been introduced and
relate to the City of Yakima priorities. He stated this particular
format assists in tracking the bill, its status and specific
content, and the City's position as previously expressed in
meetings with the legislators. With regard to Mr. Barnett's
inquiry about the law and justice issue, Mr... Zais stated the
capital grant request is now in the hands of the state legislators
and will .be introduced as a capital budget request. He indicated -
it is too early to determine how quickly- that request will move,
. and it may.take a couple of years to get the whole package into
priority consideration, but at least it is before the legislators
and they know how important it is to us.
Mr. Zais reported on the. City /County Revenue package which has been
introduced as separate legislation. He stated it is really a matter
that has received the support of the City_and County Associations.
He said Council has been given previous estimates of the revenue
gain and he has repeated them on'the status sheet; just for the
City of Yakima, the non -voted net revenue gain from that package is
about $357,000. If a voted special levy of 50 cents per thousand
is proposed, it would raise about.$662,000. Mr. Zais stated it
is the City's intent to use those funds for law_ and. justice needs.
He said•we have also sought amendments to this package to allow
the existing - 0.3% transit sales tax.. to be shifted_._to other
government purposes, notably law and justice needs, and -that. would
raise 1.9 million dollars, but that has not been acted upon,
neither have other suggestions that have been proposed. Mr. Zais
stated it is his understanding that these issues will.be discussed
with the legislative leadership by the City and County staff
association people •to see what, if any, amendments might be
.considered - along: the lines of Yakima County and City of .Yakima that
we.have proposed, or maybe sane parts of the.Governor'.s tax. package
that might be acceptable to cities, with one exception being the
income tax provision. He reported that he has not heard any
interest in seeing an inane tax .measure accepted as part of a
City /County package, and that is not- in the picture. Mr. Zais
stated there are other proposals dealing with property tax, sales
tax, gambling' taxes, etc., that could be introduced, perhaps as
amendments. He stated he thinks it is important that the City and
County are united in this objective and this initiative, and
certainly eastern Washington cities have a very high priority focus
on law and justice funding that we would like to see any new
revenue dedicated towards. He stated it will be an up -hill battle
to convince the west side legislative delegation as t o that
importance. He said there was a very positive reception from the
east side legislators that City representatives .met with in the
past few days. He said he thinks they understand the City's needs
and concerns and were willing to support our proposals, however,
the west side legislative delegation has not yet come to a full
realization of the serious needs and the fact that there is a
difference in the economy between the east side and west side of
the state. He reported that the west side is experiencing strong
growth and diversified economic activity with City and County
revenues generally performing well. He stated that they have
utilized all of their taxing options in most cases to do that. He
indicated it is a different situation, different climate and the
population base there is controlling most of the votes and he
thinks we all have to come to that understanding. He stated their
real needs right now are directed at transportation and what can be
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improved upon in the way of transportation in the Greater Puget
Sound area. We have to hopefully convince them that in the
interest of gaining our legislative votes in support of that, they,
in turn, must meet some of our proposals on law and justice.
Mayor Berndt reported on the Omnibus Drug Bill, stating that the
Governor's Council on substance abuse met last Wednesday and spent
a lot of time discussing the Bill. She stated this is an all
encompassing drug package from single party consent, increased
sentencing requirements and 12 million dollars to go towards
education. Mayor Berndt stated the Bill did fairly well in the
House, but the Senate started dividing the Bill and then reverted
to reviewing it as a'whole. She reported that Senator Newhouse has
offered an amendment to substantially strengthen the One Party
Consent Bill. She indicated the One Party Consent Bill that is a
part of the Omnibus package is fairly weak. Mayor Berndt stated
the Omnibus package was created by a bipartisan group trying to
keep it, neutral enough to pass, but the One Party Consent._Bill was
not nearly strong enough to do the job. She indicated she is
hopeful that will pass and that some of the other segments of it
will pass, particularly the education, drug treatment and
sentencing guidelines that are so important. Mayor Berndt stated
they remain optimistic in the regard.
Information Items:
Items of information supplied to Council _were:..Inter- Office Memo
to City Manager' from Director of Engineering and Utilities re:
Status of P.P. & L. .Wasteway Canal Covering through Chesterley
Park. 2/24/89; Letter from State Department of Social and Health
Services giving approval of Comprehensive Water Plan, contingent
upon 'City's decision regarding the irrigation system. 2/17/89;
Agenda for the February 22, 1989 Yakima District Board of Health
meeting and minutes of its January 25, 1989 meeting; Agenda for
the February 22, 1989 Yakima Housing Authority Board meeting and
minutes of its January 25, 1989 meeting; and Agenda for the
February 27, 1989 Yakima Center Advisory Commission meeting and
minutes of its January'' 16, 1989 meeting, and January 31, 1989
Yakima Center Management Report.
21. ADJOURNMENT
There being no further business to come before the Council it was
MOVED.' BY. BUCHANAN,`SECONDED BY CARMICHAEL;_`.THAT THIS,';MEETING BE
. ADJOURNED AT THE`: OF:.2::50 P.M. Unanimously. carried by, voice
vote. Foy absent.
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READ AND .CERTIFIED ACCURATE BY � ,% sY cv /7 1 g
•. . CIL M ER DATE
/,y
ATTEST: COUN L MEMB : EAR
CITY CLERK MAYOR
Minutes prepared by Deputy City Clerk Barbara J. Toney, CMC.
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