The URL can be used to link to this page

Home My WebLink About03/28/1989 Business Meeting 129 MARCH 28, 1989 • 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 Pat . Berndt,- presiding,' Council members Clarence J3arnett, Henry Beauchamp, Lynn Buchanan, Lynn.Carmichael, and Jerry. :•Foy present on roll call. Council member Bernard Sims present after 3:30 P.M. City Manager Zais, City Attorney Vanek, and City Clerk Roberts also present. 2. INVOCATION The Pledge of Allegiance was led by City Attorney Vanek. 3. OPEN - DISCUSSION FOR THE GOOD OF THE ORDER Stating the Council Coiuuittee of the Community Programming Advisory Committee had met and is ready to make recommendations for appointments; it was MOVED .,., BY -. CARMICHAEL;.: SECONDED, FOY, THAT. • . : .COUNCIL : APPOINT' :PAM ..:RIMEL;" : ROBERT: SWANSON ; AND ELLIOTT. ABRAMOVITCH, . TO ., FILL;, THE THREE.;' VACANCIES ON ;: THE:'COMMUNITY_:::PROGRAMMING': ADVISORY :COMMITTEE :FOR YCTV.." :Unanimously - carried,.by voice vote. Sims absent. Council member Carmichael advised the City Clerk to take the names in order as given in the motion filling the oldest vacancy first. Mayor Berndt announced the Youth Symphony. Orchestra will put on a ten minute performance at the next Council meeting: She also reported this is the last Council meeting Betty McCarthy will cover for KIT Radio. She said Council will miss her, but will look forward to having her as a City employee starting Monday'. 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. There being none, the City, Clerk then read the Consent Agenda items,I including resolutions and ordinances 'by title. It was :MOVED: °BY CARMICHAEL, ' SECONDED: BY:';FOY,. "THAT'':'.THE: CONSENT'; AGENDA, TAS READ, J ' :BE•.: PASSED.. Unanimously carried by .roll call vote.. S irms' ` 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 _OOUNCIL'.MEETINGWOF;FEBRUARY 28;_:1989 The. Council, minutes..cf. February 28 .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 . . Ellen Lewis, 4520 Snowmountain Road, and .Peggy .Henretig, 4901 W. Lincoln, were present seeking Council's support and endorsement of the creation of a Youth Commission. Ms. Lewis stated they will be sending out letters seeking help in setting this up and asked if they could use City stationery•and envelopes to send out these 75 invitations. She stated this would give further credibility to their efforts. Although Council. member Carmichael ,expressed admiration for .their project, she also expressed concern about giving the public the impression the Council is responsible for any type of social service program. Council member Foy referred to the Commission's objectives, saying he could see the possibility of them asking for staff and financial support in the future. Stating he also sees. one of their objectives to beh.a clearinghouse for youth- programs, he suggested they band all..the_.otheryouth oriented AAD /1 130 MARCH 28, 1989 committees together and rename the combined committee. Council member Beauchamp stated until the City can financially support a commission like this, he would rather endorse it conceptually at this time, instead of giving the illusion it's a City commission. Ms. Lewis stated. they would accept: that. Mayor Berndt said she told Ms. Lewis she would be willing to this as an adjunct committee and put in her time, but when they asked to use City stationery, she thought they should make that request of Council. Peggy Henretig stated at this time they are looking for some kind of endorsement that will lend credibility and fuel to this effort. She said they have a broad based core of .people.working on this project. Council member Foy stated he would like to. see a list of their supporters. Following further discussion _about the objectives of this commission and the history of the former. youth commissions in the City, it was the general. consensus of the Council that Ms.. Lewis and Ms. Henretig come back with .a list of their supporters. Herschel McDonald, 4 No. 16th Avenue, requested. information on an Environmental Impact Statement (EIS) for the Roosevelt School project. .Council member Carmichael referred him to the School District for.. that information. City Manager Zais also.suggested he could.contact*Bob Shampine or Don Skone, Department of Community & ''Economic Development,;..as'.this :project:.will require a class review. Speaking ,;to :'aLdifferentissue, Mr. :. McDonald: asked: if.Council_ .would pass . -an ordinance.i:to = require. convenience stores::• toJ :use bio- degradable or recyclable containers for V itheir'_ :fast . foods; He stated he lives near a convenience store and there is always trash in his yard. - Lloyd Mullanix, 623 North 6th Avenue, requested the location of the no parking sign in the..100. block of North 3rd Street be reviewed. He - stated there ..is •one sign - referencing .two .parking spaces and for one stall, the sign can't be seen.. He also mentioned he would be bringing in a petition requesting . residential . clean -up requirements. . 7. PUBLIC HEARING ON 1989 IRRIGATION MAINTENANCE ASSESSMENT ROLL (SEE ORDINANCE CONFIRMING ASSESSMENT ROLL) This ..being the time set for the•hearing on the 1989,Irrigation Maintenance ..Assessment. Roll,..City..Manager_Zais commented Council has an extensive .report prepared by Rita.:Germunson, Office Engineer:: _F He_:turther commented this report has been reviewed by :.the Utility... Rate Advisory Board. and they... have. concurred, ;with the rates and pass that recommendation on to the Council. For the benefit of those ' citizens in .the audience, -Council member Barnett and Dennis- Covell, - Director of Engineering and Utilities, explained the responsibility of the City towards the irrigation.districts is to act as .agent'for the citizens who own the :irrigation system. Council member Barnett : stated the City is not allowed to maintain cash reserves for. rehabilitation or replacement of the system. He also mentioned.the assessment is based upon. acreage of property owned, not water used.' Council member. Barnett further explained the City can't combine the districts, nor can they be abandoned in favor of using domestic water due to required enhancements at the Water Treatment Plant and the. fact that the Department, of Ecology won't permit the water rights to be transferred.. He stated one issue impacting irrigation rates. is the.contribution to the defense of the •Acquavella.lawsuit. Mr. Covell stated the Acquavella case is litigation of all the water rights in the valley. He said, there are enough claims made by the Indians to exceed.the water.rights available.. City Manager .Zais. interjected that the Federal Government is underwriting the litigation expenses for the Yakima Indian Nation.for this case. The Mayor opened the hearing to take public testimony. Herschel. McDonald, 4 North 16th Avenue, District 758, spoke about a dispute over the amount.of property he has, resulting in an .overcharge,':for irrigation. water. Council member .Carmichael referred Mr. ..McDonald to .Dennis Covell..City Manager Zais reported there has 'previously been considerable .discussion about the amount of.land that should be assessed. He stated he thought this had gone through extensive review. Other citizens AAD /2 • 131 MARCH 2811989 • '4 4 protesting their irrigation assessments were: John Puccinelli, 4102 Donald Rd., for Mels Diner, 316 No. 1st St., District 308; James Taylor, 402 So.. 8th St., District 308; Stanley 'Pratt,. 120 No. Naches, 202 -204 No. Naches, District 308 (asked that irrigation line be blocked in the alley between 4th St. and Naches, between Lincoln and "B" St. because it's not used); Jim Stewart, 210 No. 8th St., District 308; and Magnolia Rance, 1001 So. 6th St., District 308. Betty Gaudette, 701 No. 6th St., urged Council not to allow citizens to withdraw from the irrigation assessment roll, placing a larger burden'on those citizens remaining on the roll. Speaking about .the major breaks in 1988, Ms. Gaudette commented in 1964 this system was described as a disintegrating system. She commented she doesn't mind paying her assessment, however, it frightens her that nothing is being done,'with that • system, and her bills will only become higher and higher. Council member Barnett commented that two years ago the cost to rehabilitate that system was about $6.5 million and thaticost would have to be paid by that district. Ms. Gaudette requested a breakdown of last yeaf's'repairs and'expenses. - Mr. Covello stated his would provide that information "after this meeting. There being no 'other citizen wishing -to speak' to this'. item,'' the- Mayor closed the 'public hearing. Ordinance No. 3166 having, been read by title, it wa MOVED: BY .BUCHANAN,'"'. SECONDED . BY.. CARMICHAEL, _ THAT .:THE ORDINANCE : BE ` .:PASSED.' IT WAS , A4)VED BY ..` . BARNETT4 SECONDED.. BY - BEAUCHAMP,,..;..TO" INCREASE? THE RATES FOR DISTRICTS . 618', t688:, 857, AND 996 TO 'THE:'.RATES;' TO' OFFSET' ;;EXPENDITURES, ' . LISTED 'IN.; THE REPORT. Council member Barnett stated his reasoning.for the.increases is . because the number of months of cash operating reserves is below the policy of six months. He stated he is not recommending increases for those which have less than three "months maintenance and operating cash reserves if staff has increased the 1989 assessment more than the rate to offset expenditures, as in Districts 378, 822 and 253. Mayor Berndt asked staff 'what their response is to this change. Ty Wick, Water and.' Irrigation `Superintendent, 'stated he still agrees with 'the rates in the report. Discussion ensued, °Mr > Widk' explaining for the assessments for those districts, and Council member Barnett expressing concern that the six month cash operating reserve policy was not being observed in all the districts. He also expressed concern about not receiving a response to his earlier request for information concerning these districts. Following further discussion, the question was called for .a vote on the motion. (Council.member Sims present after 3:35 P.M.) Motion failed by 3 -3 roll call vote. Sims abstaining. It. was o D. :BY: BARNETT,. SECONDED BY :. BEAUCHAMP.,.' TO''"DECREASE :.DISTRICTS... 279.: :AND 395 ':TO. THE . :RATES .T0...OFFSET'';EXPENDITURES. '"He explained' the cash reserves in . these districts have increased over the last three :years and have exceeded the six month operating reserves and the 1989 rate is more than the . rate to offset expenditures. Following discussion, the question was called for a vote on the motion. Unanimously..carried by roll call vote. Council members discussed their roll in irrigation rate setting and how these 'rates are calculated. Council member Sims suggested staff use a peak chartor do some other type of statistical analysis. The'question was called for a 'vote on the motion, as amended. Carried by 4 -3 roll ;call vote. Barnett, Beauchamp and Foy voting nay. • ORDINANCE.':".NO: AN ORDINANCE confirming the. irrigation maintenance assessment roll of the City of Yakima for the calendar year 1989 and levying irrigation maintenance assessments according to such roll as amended. • * 8. CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF- AGREEMENT • WITH WASHINGTON DOT FOR PARTIAL REIMBURSEMENT OF COSTS FOR IMPROVEMENTS TO 16TH AVENUE, NOB HILL TO YAKIMA AVENUE • 'RESOLUTION.:N0e :s I}= 5564.A RESOLUTION :.authorizing and directing the City Manager and City Clerk of the City of Yakima to; execute an agreement with the State - of. Washington, Department of Transportation, for partial reimbursement of .costs for improvements to 16th Avenue from Nob Hill•Boulevard to Yakima Avenue. AAD /3 132 MARCH 28, 1989 *9. PRESENTATION OF. 1988 ANNUAL POLICE REPORT , The 1988 Annual Police Report was accepted. *10 APPROVAL OF DECEMBER. 1988 TREASURY REPORT. (STANDARD MOTION V -A, ACCEPT REPORT) The report. from the Director of Finance and. .Budget dated March 28, 1989 regarding the investments of the City of Yakima for the month of December.1989, was accepted and, approved. 12. OTHER BUSINESS None. Information Items: Items of information" supplied to Council' were: Copy of letter from Kittitas - Yakima Resource Conservation and Economic Development District regarding feasibility of establishing a Foreign Trade Zone in Yakima and /or Kittitas Counties. 3/23/89; Merno from Block Grant Manager regarding February 1989 Minority; Business :Enterprise Report ;,u3 /20/,8 and ,,February, 1989, , Grant Monthly Report; Editorial , from March: 1989 ; ;A PWA ; Reporter, t u ! "Change , the Rules"; Agenda ; for march._ ; ,Hearing. ; Examiner . meeting; . Agenda for March, : 29; ;1989,: Downtown ; ,Group / Planning Commission meeting; Minutes of the February 22, 1989 Yakima District Board of .Health. meeting; Minutes of the February 15, 1989 ,Yakima Air Terminal Board meeting; and Minutes of the March 1,,. 1989 „Yakima Housing Authority meeting. 13. ADJOURNMENT There being - no further business to come before the Council, it was MOVED BY .10Y, :'S yes iiED :. BY CARMICHAEL l .THAT YT IS .:MEETING BE,,ADJOURNED: AT.: THE : HOUR° OF' . 3f55 P ,4. ;. unanimously„ carried, .by voice vote. , . ... , 4\ READ AND CERTIFIED ACCURATE BY. Uu j00UN I ME BE IYATE - 1 /7 1--k / :2e- COUNCIL MEMBER ATTEST CITY CLERK _ J MAYOR • 1 AAD /4