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HomeMy WebLinkAbout06/19/1990 Business Meeting 17 i ; ". -. .JUNE•1.9, l990 : - _ • CITY OF YAKIMA, WASHINGTON • • 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 Barnett, Henry • Beauchamp, Lynn Buchanan;• George Pechtel,'Skip!-Semon and Bernard Sims present on-roll call. City Manager. Zais,•City Attorney Vanek, • City Clerk Roberts and Deputy City Clerk Lovell also present. • 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of c Alieg fiance was - led -by Council :member. `Semon : 3.- OPEN= DISCUSSION FOR THE'GOOD -OF THE ORDER = ' City Clerk Roberts introduced Mary Lovell, who has been hired as the new-Deputy City Clerk. : =- • Council member Buchanan reported that the Association of Washington Cities meeting' held = -last week - -was - a good • summer 7 - meeting . He advised the Council . that he was not re- elected; to . -the AWC Board, which means Yakima will not have Board representation this year. However, he urged the Council = members•to work harder to keep the • AWC operating -a strong' 1•obbying 'a ssociation••for•the cities of the State. "Mayor Berndt.stated that City Manager Zais. was elected Vice- Chairman -of the Eastern Washington •Coalition, which is becoming a viable•legislative body. Mayor Berndt' has a packet of resolutions passed at the conference available upon request. Mayor Berndt questioned whether the Legal staff ' had' reviewed the letter from Mr. Lukehart inviting Council members and staff to a . June 13, 1990 meeting. 'regarding the - proposed: '-Fred Meyer development. - The -Legal staff did not review the letter prior to - • the meeting,' however, no:Council members attended. Mr.- Zais stated that once a project reaches this stage, it is premature for the Council to- become involved without the possibility a conflict. Council member Buchanan called attention to the'newspaper item in • the packet concerning sewer and transit rates in Seattle, which indicates that in spite of what Council has heard - previously, more than 10 -12% of operating revenue can =be - earned through farebox receipts. 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. The- City•Clerk then read the-Consent Agenda items, including resolutions and ordinances by - title. It'was MOVED BY SIMS,- SECONDED-BY PECHTEL, THAT THE CONSENT AGENDA, AS READ;' BE PASSED: The , motion:._ carried by a 6 -0 roll call vote. Council member Beauchamp abstained from AAD /1 1' 8 JUNE 19, 1990 voting due to possible ,conflict of interest on Item No. 11. (Subsequent paragraphs, preceded by an, asterisk ( *) indicate items on the Consent Agenda handled.. under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF THE COUNCIL MEETING OF MAY 22, 1990 AND JUNE 5, 1990 ADJOURNED AND REGULAR COUNCIL MEETINGS • The Council minutes of the May 22,.1990 and June 5, 1990 adjourned and regular Council meetings, 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 Charles Kriz, 5708 Bitterroot Lane, addressed the Council to encourage support of the Yakima Police Department in - their effort to fight street drugs. He suggested the Council seek State funds for this purpose. Mr. Kriz stated this will be the last Council meeting he will attend as he is moving from Yakima. 7. PUBLIC MEETING ON REZONE OF PROPERTY AT 206 CHALMERS, AS REQUESTED BY DONALD RENECKER This being the date set for public meeting, Associate Planner Joan Davenport reviewed with Council the request to rezone a one -acre site at 206 Chalmers from SR (Suburban Residential) to CBDS (Central Business District Support). This request would be consistent with current business and industrial uses in the area. No opposition was heard at the public hearing before the Hearing Examiner, on April.4, 1990. The current property owners have no specific plans for the property at this time, but any development action would require review since the site is , located in the Greenway Overlay District. The Hearing Examiner and staff recommend approval of the request. Mayor Berndt opened the public meeting and asked for anyone speaking in favor of the rezone. There being none, the Mayor then asked if there was anyone present wishing to speak in opposition of the rezone. There being none, the Mayor closed the public meeting and asked for Council direction. It was MOVED BY PECHTEL, SECONDED BY SIMS, TO APPROVE THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous voice vote. • 8. PUBLIC HEARING ON APPEAL BY "OBIE OUTDOOR ADVERTISING OF HEARING EXAMINER'S DECISION FOR A BILLBOARD ON NOB HILL OVERPASS This being the time set for the public hearing, Associate Planner Joan Davenport discussed the Hearing Examiner's decision for placement of a billboard on the south side of Nob Hill Overpass. The site is zoned M -1, and billboards are a Class I use in this district. The initial application made by Obie Outdoor Advertising was for an Administrative Adjustment to- increase the billboard • height, from 40' to 60'. Since this height would be 150% of the standard,. the,,staff• felt !it was excessive and not ;in the intent of . the Urban Area Zoning. Ordinance (UAZO). At that time, the Building AAD /2 JUNE 19, 1990 1 9 Official upgraded the review to include a public hearing. The Hearing - Examiner and staff recommended denial. Mayor Berndt opened the public meeting for discussion in favor of the appeal.- Steve Grover, 219 South 31st Avenue, District Manager ''for : Obie Outdoor 'Advertising, -- explained that'' .his company has , reduced its request to a'sign- no-larger than 192 - square feet and a height' of 48' feet. • -'At =this height, the sign -would be only about eight -' feet -• higher than the guard rail. Mr.-"'Grover stated this 'would be a - single pole, bottom lighted -sign and ;would create no •- traffic safetylproblems. In answer to- Council member' Semon, staff advised that approval of this sign would not cause -a proliferation of signs in the area because -the UAZO limits billboards to no more than one' per 'tax parcel and no closer. than - 300' -to .a- residential ' zone: " Mr. Grover stated'' that the'sign space has not yet been sold,:but he is willing to guarantee that the sign will not be used to advertise either'alcohol or tobacco products. - Mayor Berndt asked for anyone wishing to speak - tin opposition of the • appeal. There being none, the Mayor opened the • topic to Council • discussion. — City Attorney Vanek -advised the Council of their options in- dealing -with this- appeal to- conform :- with.the UAZO. It 'was -MOVED BY J BARNEIT, SECONDED BY BEAUCHAMP, TO REJECT THE HEARING -EXAMINER'S FINDINGS. AND-APPROVE THE AMENDED REQUEST' AS STAi i) BY THE PROPONENT. The motion , 'failed •by -a 4 -3 roll call vote with Barnett, Beauchamp and' Buchanan= voting aye.i•Council member Barnett voted aye' because he felt the zoning • was appropriate and the reduced height - acceptable. Council member Beauchamp voted aye 'because herfelt the revised proposal Was-compatible 'with the UAZO. ' , The Mayor'requested another motion to- takeiaction. was MOVED BY BEAUCHAMP, SECONDED- BY- BARNETT -, - TO- - REMAND THE APPEAL BACK TO THE HEARING EXAMINER FOR HIM TO RECONSIDER THE 'REVISED, PLAN. The motion carried by a 4 -3 vote. Pechtel, Semon and Sims voting nay. 9. CONSIDERATION- OF'' RESOLUTION. REGARDING HAZARDOUS' VEGETATION AND ' DEBRISLABATEMENT PROGRAM - - -. - _ 'Bob Shampine, Code Administration Manager, stated he had nothing to • ' add. There being no one present to'speak•to the issue, and the .Resolution' having been • read -by - title, it 'was MOVED BY SIMS, SECONDED= BY BUCHANAN, -TO ADOPT-''THE RESOLUTION. Council member 'Semon --asked if ' ' it' was • necessary for this to.. come before the Council rather than staff taking appropriate action. City Attorney Vanek replied that State'-law and statute require a public ' hearing: The question was - called fora vote on the motion. The motion carried by -roll call'vote. RESOLUTION N0. D -5742, -A RESOLUTION' -- authorizing the Code Administration Manager to "clear certain. -weedy lots: ..• • -_ • 10. •ALTERNATIVE - 'PROPOSAL• TO-FINANCE, CONSTRUCT AND OPERATE A CITY CRIMINAL , JUSTICE -- 'MINIMUM SECURITY JAIL FACILITY AND 'CONSIDERATION. OF LEGISLATION TO': - - . - , - . AAD /3 2 0 JUNE 19, 1990 A. ENACT A RESOLUTION AUTHORIZING A SPECIAL ELECTION ON SEPTEMBER 18, 1990 REQUESTING, AN INCREASE IN PRIVATE UTILITY TAXES TO SUPPORT CITY ANTI - CRIME PROGRAMS In response to the City Council's request of April 24, 1990, City Manager Zais presented an alternative proposal to finance, construct and operate a City Criminal Justice -- Minimum Security Ill Jail Facility. This was first considered in the Fall of 1988 as part. of the preliminary 1989 city budget. At -that time, the. City Council opted to raise the telephone tax on long distance charges to provide funding for additional Police and Legal staff. The Council then commenced aggressive pursuit of State legislation and funding .to meet local law and justice needs. The City was . unsuccessful in• obtaining funding during the 1989 session. In the special Legislative session, the. City received a one time allocation of approximately $476,000; and an additional $467,000 for the next three years. An.additional $2.5 million will be needed to meet the capital facility construction needs, operations and maintenance and staffing support needs. The proposed $10 .million facility will incorporate a 200 -bed, barracks style, minimum security prison as well as space for Legal and Police Department staff. This,facility would be designed to meet law and • justice needs for .40 years or.more. In the • report City Manager Zais recommends that the City Council authorize a special election to be held this Fall requesting voter approval to increase the existing• private utility tax (electricity, natural gas, and telephone utilities) from the current 6.2% level to 12% to support City law and justice - anti -crime programs and provide for the financing, construction and operation of a City criminal justice - minimum security jail facility. This would equalize tax rates on utilities. throughout the community. A decision by the Council to • authorize .a' special election would allow the voters to given a - chance to decide this issue: Police Chief Green supported the proposal with statistics on drug arrests, felony crimes, and misdemeanor warrants issued this year. The only way the Police Department feels a significant impact can be made on the problem is to go forward with construction of an adequate facility. Chief Green stated that the .facility would include two courtrooms to handle, arraignments and jury trials. . Chief Green explained that the annual savings of approximately $550,0,00 ! that is currently paid ,to the County: for ; housing City prisoners would be used for operation of the new facility. In response to Council member Pechtel, City Manager Zais assured the Council, that. the City will continue ..aggressively lobby the State legislature for additional funds for local government criminal justice funding. If other funding options become available to the City, it is, always possible ;for. the, Council to reduce the utility tax as appropriate. Council member Barnett was concerned that the proposed funding may not be adequate, but would depend on variable factors such as rate structures and community growth. Council member Pechtel feels that this is a major topic in Yakima that must be addressed and taken to the citizens to offer them the necessary protection for life safety. AAD /4 JUNE 19, 1990 1 lJ - Preston !- Shepherd j-» 6111:'Tie€ in! Drive, (poke in= favor - - :of the measure stating that - economic- development' -'in= Yakima. requires: strong action to reduce the crime rate. Larry Matthews, 805 South 17th Avenue, spoke against the. tax increase, stating that it would hurt the poor ad. -is discriminatory because it does not "address residents who heat with wood; coal or oil. George Chappell, 8 South Second Avenue, Community Affairs Manager for U.S. West Communications; '-stated that his company feels thei -tax increase • :would be regressive and could discourage economic development. A -tax on) essentials : services . wou'ld have- a- negative - , =financial impact on. many of their customers. Val Finlaysbh, 7 North 4th Street, • Pacific Power- - District 'Mariager, spoke -' against -the tax stating it would—be in "direct opposition to his - company's goal of rate • , reduction over • -the •past •five - years. He .was also ' ) concerned about the impact -to -low- income -customers, and the philosophical problem of .higher'taxes on essential services instead of- luxury items. Phyllis Flotre, Cascade Natural Gas, stated that her company is in favor of •lawi.and "justice funding,)but opposed to. the' proposed tax. _Bob ' Hall, 4600-East—Yakima •Yakima Avenue; felt the= proposal should be presented. • to ' the voters_ Aso they can have the - opportunity to decide r • the issue , for—themselves..- Mr. -Hall also volunteered - .to assist the Council in their- efforts to present •this issue to the public. Council Member Semon stated that law and justice funding has been the number one priority for the Council for- some - time. He feels that-it is time to move forward and put the proposal to the voters, and to show the State legislature that we are. working to help ourselves. Resolution No. D -5759 having been read by title, it was - 'MOVED BY SEMON, SECONDED.BY. SIMS'THATITHE- RESOLUTION BE ADOPTED. The motion -icarried•by a 5 -1 roll call vote;-Barnett- voting nay; Beauchamp abstaining. Council member Beauchamp was concerned with the impact the. tax would have on low income citizens, but .did not want to be on record as voting against.. placing the measure on the ballot. Council member Barnett voted nay saying that he was concerned'.that the tax would be a- .hardship to -the.poor, and that he favored approaching the state- legislature -for additional funding since the state has a surplus at this time. RESOLUTION NO. -D-5759; 'A RESOLUTION'-calling for a special election to approve an increase in the utility tax rate on the_privilege of conducting electrical energy, natural gas, and telephone .businesses.- .... _ -B. 'ENACT - "A-RESOLUTION)AUTHORIZING PUBLICATION OF A FACT SHEET CONCERNING THE ELECTION : Resolution No-0-5760; having- been read by= _title, It..was MOVED BY SIMS, SECONDED BY PECHTEL THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous roll call vote. RESOLUTION NO. D -5760, A RESOLUTION authorizing the publication and dissemination of a "fact sheet" related to the utility tax lid lift election.. It was MOVED BY PECHTEL, SECONDED BY BUCHANAN, 10 APPROVE IN • CONCEPT THE PROPOSED $3 MILLION EXPENDITURE PLAN FOR CAPITAL AAD /5 • • 2 2 JUNE 19,.1990 IMPROVEMENTS AND OPERATIONS /STAFFING OF THE CITY CRIMINAL JUSTICE- MINIUMUM SECURITY JAIL FACILITY. The motion carried unanimously by voice vote. . • *11. NOTICE OF INTENT TO COMMENCE NORTH FRUITVALE PHASE I ANNEXATION . (STANDARD MOTIONS A & B) . June 19, 1990 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 Andrews & Barton Co., Record Hauling Service, Inc., Culligan Water Conditioning, Melvin G. Wagner, Mike's Rental Machinery, William A. & Mary M. Hambelton, C. W. & Margaret V. Wimberley, Loyal Order of Moose, Yakima Valley Opportunities Industrialization Center, Central. Washington Eye Surgery Center, Larry Couette, •ARA Service, John Barth, Inc., : Mueller Hop Products; Inc. and L. Oppenheimer & Co., Inc. • The annexation proposed by the above parties (known as the North !Fruitvale. Phase I Annexation) 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 a Notice of Intention to Annex was required to be filed with the Yakima County Boundary Review Board. * 12. CONSIDERATION OF RESOLUTION AUTHORIZING THE CLOSURE OF A PORTION OF SO. 16TH AVENUE AND SPRING CREEK ROAD TO ACCOMMODATE THE YAKIMA AIR FAIR ON. JUNE 30TH AND JULY. 1ST RESOLUTION NO. D -5761, A RESOLUTION authorizing closure of portions • . of 16th Avenue and Spring Creek Road for the Yakima Air Fair. * 13. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF SURPLUS POLICE • VEHICLE TO THE CITY OF MOXEE • • RESOLUTION NO. D-5762, A RESOLUTION authorizing the sale of a surplus police car to the City of Moxee.. *14. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING FOR JULY 17, 1990: ON VACATION OF PUBLIC.UTILITY EASEMENT__IN THE TANCARA DEVELOPMENT • RESOLUTION NO. D -5763, A RESOLUTION fixing the time and place for hearing on a petition for vacation of a public utility easement located within Tancara Addition, south of Tieton Drive between South 53rd Avenue and 56th Avenue. The Resolution sets the date of hearing for July 17, 1990 at • . 2:00 P.M. * 15. CONSIDERATION OF APPOINTMENT OF DON HEINEN TO THE YAKIMA AIR • TERMINAL BOARD Don Heinen was appointed to serve an additional term on the Yakima Air Terminal Board, said term to expire June 30, 1994. • • • AAD /6 JUNE 19, 1990 2 3 *16. SET DATE OF PUBLIC MEETINGS.FORrJULY 10, 1990:FOR: . A. REZONE,__OF PROPERTY. AT_ 1127. SO. 24TH AVENUE,, AS; REQUESTED BY M & E COMPANY :July..10,...199.0 was 'set_.as the. date of public meeting on the rezone of . property.located.at 1127 :So :.24th Avenue,_.as :requested by M & E .B... REZONE OF PROPERTY AT 708 NO. 5TH AVENUE, AS REQUESTED BY . MILDRED AND MICHAEL SONSALLA • July 10, 1990 was set as the.date of public meeting on the rezone . of property located at 708 No. 5th Avenue,. as requested by Mildred • and Michael Sonsalla._._ ' *17. ._APPROVAL OF . MAY 199.0 � BUDGET- REPORT. The May 1990 Budget : ,report =.was' accepted :. . . r. *18. • APPROVAL OF MONTHLY VEHICLE ACCIDENT REPORT The Monthly Vehicle Accident Report, as reviewed by the Accident Review [Committee..during•;the,month of May 1990, was accepted. • r.. *19. APPROVAL OF FINAL CONTRACT PAYMENTS (STANDARD MOTION V -B ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) FOR: A. FISHER PARK (PARKS BOND ISSUE IRRIGATION PROJECT) . . ,The .report •:from the City' Engineer dated June 29,..,1990 with respect • . to the - completion of the work on..the. Fisher Park :Parks Bond Issue • Irrigation. Project,1 performed by Rambo: Landscape..Construction Co., was`._approved, the work accepted and:payment of the final estimates as, rtherein set forth was. authorized. , B.. GILBERT AND GARDNER 'PARKS (PARKS - BOND ;ISSUE IRRIGATION • •PROJECT) . . .The report. from. the.City Engineer dated. June 30, 1990; with respect .to,.: the completion of • :the ,, work on the Gilbert. and Gardner Parks, _Parks Bond Issue . Irrigation Project,.. performed. by•_, .Reid Pump & Supply._ :.Co..,.. was approved, the work :accepted_ and.payment of the . .•final restimates as :.therein• set. forth._was:-authorized. • * 20. CONSIDERATION .OE ORDINANCE. INCREASING, THE BID LIMIT ON SUPPLIES, EQUIPMENT, .MATERIAL AND SERVICES TO, $25,000: i_, . '-ORDINANCE NO. 3278, AN ORDINANCE :relating, to administration, increasing : the. bid limit on , supplies, - equipment, material, and • ' services' to $25;000, and amending Section, 1:80.040 of the City of • Yakima Municipal•.Code. •. * 21• : t SECOND ',READING' . ,OF_:. ORDINANCE AMENDING• r .THE ,1990. BUDGET AND APPROPRIATING FUNL6.FOR THE,REBOUND PLUS PROGRAM. .•, AAD /7 2 4 JUNE 19, 1990 • An Ordinance appropriating funds for the Rebound Plus Program, having been read by title only at the June 5, 1990 meeting, was brought before the Council for a second reading. ORDINANCE NO. 3279, AN ORDINANCE amending the 1990 budget for the City of Yakima; making an appropriation of $300;000 in the Rebound Rehabilitation Fund for expenditure during 1990 ;for rehabilitation or removal of vacant /abandoned buildings and structures. *22. APPROVAL OF INDUSTRIAL COATING MAINTENANCE PROJECT AT THE WASTEWATER TREATMENT PLANT AND FIRST READING OF AN ORDINANCE APPROPRIATING FUNDS FOR THE INDUSTRIAL COATING MAINTENANCE PROJECT (NO FORMAL ACTION REQUIRED) The report from the Wastewater Superintendent regarding the Industrial Coating Maintenance Project at the Wastewater Treatment Plant was accepted and staff was authorized to proceed with bid advertisement. An Ordinance appropriating funds for the Industrial Coating Maintenance Project, having been read by title only, was laid on the table for one week, until June 26, 1990. 23. OTHER BUSINESS Bob Shampine presented Council with a revised memo regarding a request from United Builders for a fee reduction for abatement of a weedy lot. Information Items: • Items of information supplied to Council were: Memo from Assistant City Manager,. Director of Engineering & Utilities and Wa Superintendent- regarding City of Yakima Wastewater • System Improvements Funding Request to-EPA. 6/15/90; Letter from Shelley Ajax urging implementation of 911. 5/31/90; Letter to Browne Avenue property owners regarding meeting to provide information on reconstruction project. 6/4/90; Letter from Ron Anderson regarding future CBD expansion plans. 6/1/90; Letter from Agnes Stephens requesting Sunday transit service. 6/4/90; Memo from EPA regarding investigation of possible contamination at the Yakima Plating site. 5/28/90; Excerpt from HUD's 1st Quarter 1990 Economic Report; Memo from Director,. of Community & Economic Development, and Supervising Associate Planner regarding WAC's on School Safety Patrol. 6/19/90; Memo from,Director of Public Works regarding Intersection at 24th Avenue and Nob Hill Blvd. 5/15/90; Memo from Transit Manager regarding Shuttlebus Service to the Yakima Air Fair. 6/4/90; Memo from Pretreatment Specialist regarding Meeting with Shippers and Growers. 5/31/90; Memo from City Attorney regarding Damage Claims Referred to Insurance Company. 5/31/90; May 1990x. Permit' . Monthly • Report; .Article from May 27, 1990 New York Times, "Chicago Studies Plan to'Aid Industry "; Article from May 25, 1990 P -I, "Warning From Bay Area About Growth Control "; Article from June 1, 1990 P-I, "Metro Raising Sewage Rates $1.60 a Month "; Article from 1/30/90 P -I, "Seattle /Tacoma Area on List.of Least Affordable Cities for Buying a Home "; Future - Washington State Growth Strategies Commission; Yakima Interurban Lines Association June 1990 Newsletter; Minutes of the April 26, May 3, AAD /8 JUNE 19, 1990 2' 5 4, 7, 10, 14 & 17, 1990 Yakima Air Terminal Board meetings; Agenda for June -. 18, 1990 COG Executive Committee meeting and minutes .of - -its May 21',.,1990 meeting;... Agenda for the June 7, 1990 Civil Service *Commission - and - minutes of its May 3, 1990 meeting; Minutes of the May'3, 1990 Dswntown Area Redevelopment Committee meeting; and Agenda for the June 18, 1990 Parks and Recreation Commission meeting and minutes of its May 14, 1990 meeting. 24. ADJOURNMENT TO JUNE.20, 1990, 6:30 P.M. AT THE TRAIN DEPOT It was MOVED BY BUCHANAN, SECONDED BY BARNETT TO ADJOURN THE MEETING AT THE HOUR OF 4:30 P.M. TO THEN MEET AGAIN ON JUNE 20, 1990, AT 6:30 P.M. AT THE TRAIN DEPOT. The: motion carried by .unanimous voice vote. READ AND CERTIFIED ACCURATE BYE �, A, _ - __, 'UNCIL MEMBER DATE AO it f i COUNCIL MEMBER DATE ATTEST: , ca.- p —, A Chi.L ' \4„G/ CITY CLERK MAYOR Minutes,prepared by Deputy City Clerk Lovell AAD /9