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HomeMy WebLinkAbout08/07/1990 Study Session / Business Meeting 8o CITY OF YAKIMA AUGUST 7, 1990 STUDY SESSION/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 - The Invocation was given by Council member Beauchamp.. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Code Administration Manager Bob Shampine introduced Irene Gutierrez, the recently appointed, . Rebound Rehabilitation Administrator. Ms. Gutierrez briefly reviewed her background for the Council, and was welcomed to City staff by Mayor Berndt. , . Mayor Berndt stated that during the Council meeting of July 24, the Engineering- Department was directed to draft a letter to the Department of Transportation encouraging the beautification of the entrances to the City. Mayor Berndt asked Planning Manager Don Skone to review an alternate proposal he has developed over the past two weeks. Mr. Skone explained that he was interested in this idea, particularly the landscaping of the I -82 off ramps. Rather than the City pursuing,this effort alone, Mr. Skone suggested joining forces with the County, and the cities of Selah and Union Gap, to present a ; unified request. The Council enthusiastically supported the concept, and directed Mr. Skone to meet with the other jurisdictions to draft a joint letter to present to the local office of the Department of Transportation. Mr. Skone hopes to return to Council with a progress report within 30 days. City Manager Zais referred Council members to an 8/3/90 article from the Seattle Post - Intelligencer which discusses the issue of sales -tax for anti -crime efforts. Mr. Zais wanted Council members to see how other cities are facing the. Law and Justice issue. King County voters will decide on the sales tax measure on the September 18 primary ballot. Mayor Berndt reported that 30 -40 students from our Sister city, Itayanagi, visited Yakima last Friday. Mayor Berndt, Council member Buchanan and City Manager Zais greeted the visitors. Mayor Berndt would like the Council to review the Sister city program and encourage community involvement. Council member Buchanan observed that Portland, Seattle and Vancouver B.C. all have specialized trade efforts with the Pacific Rim, and he felt that Yakima needs to look at ways to increase trade to that area. AAD /1 • AUGUST 7, 1990 1� Council member Pechtel responded to the August 6 memo to Mark • Walker, of the Yakima Herald Republic, concerning' Council meeting expenses - . 'Mr. Pechtel felt that- - meetings with departments, City .'boards and 'commissions, and community organizations -were extremely valuable to the Council, and certainly a justifiable expense. Council member Barnett said that other than the fact that the meeting expense was not budgeted for 1990, some citizens would like ' the' meetings -to' be held in open forum in City Hall ' . Mayor Berndt 'Stated that the meetings-- "are always open'to'the: public, however, the City Hall conference room is generally not large enough for this purpose. 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. Mayor Berndt stated • that Item No. 13 has been removed from the Agenda and will not be discussed today. A citizen requested that Item No. 11 be removed from the Consent Agenda. It was the general consensus of the Council that deletion of Item No. 11, as requested, be made. 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 unanimous roll call vote. Buchanan absent during vote. (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 JUNE 19, 1990 SPECIAL• MEETING, JULY 3 AND 10, 1990 ADJOURNED MEETINGS AND JULY 10, 1990 COUNCIL MEETING ' The Council minutes= of•the June 19,' 1990'Special Meeting, July 3, • and 10, 1 Adjourned-Meetings and July 10, 1990 Council meeting 'were approved,' having been duly cer accurate by two Council members and no -one present wishing to "have. said ' minutes read publicly. • 6. AUDIENCE PARTICIPATION None. 7. PUBLIC ON ACTION TAKEN ON APPLICATIONS' FOR PROPERTY AT 2401 W. NOB HILL BLVD. (CONTINUED JULY 17, . A. REQUEST FOR REVOCATION OF RIGHT -OF - WAY USE PERMIT This being the date set for the - continuation of the public meeting, Associate Planner Larry Lehman explained that Mr. Morris Stotsenberg has petitioned the Council to revoke the Right -of -Way Use Permit issued to Pacific Centers, Inc. for property located at 2401 West Nob Hill Boulevard. Mr. Lehman stated that ' the Right -of- Way Use Permit was issued on January 20, 1990, "following Council approval and subject to'zoning review. Pacific Centers intended to construct 'four "parking spaces in the right of way for the . convenience of their customers.. Code Ad ministration Manager Bob Shampine explained that Right -Of-Way Use Permits are renewable on AAD /2 8 2 AUGUST 7, 1990 an annual basis, and may be revoked at any time by the City Council. Council member Pechtel asked if the permit was still relevant since the Circle K store has closed. He was advised by Mr. -Lehman that the. permit was not issued to the Circle K, but rather to the- property owner, Pacific ,Centers, and they are '.interested in continuing the permit. Mayor Berndt opened the public meeting and stated that the Council would hear from Mr. Stotsenberg or his representative. Attorney Craig Smith, representing Morris Stotsenberg, explained his client's reasons for filing the petition. Mr. Stotsenberg owns property adjacent to the right of way, and his access through the alley would be blocked if permanent parking spaces are constructed. Mr. Smith stated that plans by Pacific Centers to install a paved lot, extend fencing, and install concrete tire stops sound like permanent improvements rather than temporary right of way use. He feels that it would set a bad precedent to allow a permanent structure on a public right of way if it , blocks access to adjacent property. Mr. Smith suggested that vacation of the..property in question would be more equitable to all property owners rather than showing favoritism to one owner with a Right -of -Way Use permit. Mayor Berndt stated that the property , is undeveloped this time, and Mr. Smith advised the Council that there are no current development plans. Mr. Smith stated that the ty'.code has no notice provision for Right -of Way Use Permits, and Mr. Stotsenberg was not aware of the action until the permit had already been granted. In addition to the request to revoke the Right -of Way Use Permit, Mr. Smith stated that Mr. Stotsenberg also filed an appeal of the Hearing Examiner decision Class I use. ion for lass I . Council member Pechtel asked about Ci the possibility of vacation vs. a Right -of -Way Use permit. Mr. Shampine explained that a vacation is a transfer of ownership of property while a Right -of -Way Use Permit can be revoked at any time. Mr. Shampine gave several examples of previous Right -of -Way Use Permits, including signs and loading ..docks.'. Mr. Shampine stated that vacation of this property would not have provided adequate space for the proposed parking stalls. Council member Beauchamp stated that since there are three property owners with an interest in a piece of public property, that it might be better to leave it as public property unless the City has use for it. Council member Pechtel felt that Pacific Centers knew up front that the, Right -of -Way Use Permit is revokable and that if they want to put the money into the project, then it is their decision. Mr. Smith was concerned that . the City might hesitate to revoke a permit after a large amount of money is invested in improvements. B. APPEAL OF HEARING EXAMINER'S CLASS 2 DECISION City Attorney Vanek suggested that the Council also consider the Class II appeal at this time. He stated that the matters should be decided separately, and depending on the outcome of the petition to revoke'the Right-of-Way Use Permit, action on the Class II appeal may or may not be necessary. If Council should deny the Right -of- Way Use Permit, City Attorney Vanek will be drafting a denial of AAD /3 AUGUST 7, 1990 8 3 the Right -of -Way Use Permit, a denial, of the Class II appeal and a separate finding that the Hearing Examiner's recommendations on the . , Class II =will - not, require..- Council action._ .City. _Attorney Vanek suggested that the Council hear the Class II appeal now, and stated that he 'would inform them. of. the law. in .Executive Session and discuss it as a Quasi- Judicial matter. Mayor Berndt opened the public meeting for the Class II appeal and asked if staff -had anything to say about the project. There being • none, Mayor Berndt then asked if there was anyone present wishing to speak to. the issue. There being no one present wishing to speak; Mayor Berndt closed the public meeting. It was MOVED BY BUCHANAN, SECONDED BY SIMS, 10 ADJOURN TO, EXECUTIVE SESSION FOR - QUASI- JUDICIAL PURPOSE. The motion carried by unanimous voice vote. - C. EXECUTIVE SESSION FOR QUASI - JUDICIAL, PURPOSE Following completion of the Executive Session, it was MOVED BY SEMON, SECONDED BY SIMS, TO REVOKE THE RIGHT WAY USE PERMIT. The motion carried by unanimous voice vote. It was MOVED BY. BEAUCHAMP, SECONDED BY:BUCHANAN, TO DENY THE CLASS II USE PERMIT. The motion- carried by.unanimous voice vote. City . Attorney Vanek will make a separate finding that the Class II Use .Permit was denied. because the Right -of Way. Use permit was denied. -. *8. — RECOMMENDATION:. FROM _DEPARTMENTS . OF COMMUNITY AND ECONOMIC DEVELOPMENT AND ENGINEERING AND .UTILITIES REGARDING USE OF FIRE STATION NO. 2 FOR TEMPORARY_ OFFICE SPACE FOR FIELD CREWS AND • REBOUND. PLUS. STAFF -,. _ - .The report -and recommendation from the - Departments. of Community and Economic , Development ,and.Engineering..,and Utilities. regarding the use of Fire Station No. 2. for._.temporary office space for 'Engineering field crews and the Rebound Plus staff, was accepted. * 9. REPORT ;.FROM CODE ADMINISTRATION- REGARDING.. BILLINGTFOR WEEDY LCJT ABATEMENT FOR PROPERTY AT 313 NORTH 9TH STREET The, report: and -staff recommendation from Code Administration to reduce the amount of the bill for weedy lot abatement for property at 313 9th Street,., as requested by. Earl Lee, was accepted. *10.= CONSIDERATION OF RESOLUTIONS _AUTHORIZING SUBMISSION OF HOUSING TRUST APPLICATIONS: A.. WEEDY LOT AND DANGEROUS BUILDING ACQUISITION FOR REBOUND PLUS PROGRAM - • ($200,000) RESOLUTION NO. `D- 5788,, A.RESOLUTION. authorizing and directing the City Manager of the City of Yakima to file an application with the Washington State. Department of.. Community_ Development for funding of a grant to repair. substandard housing. AAD /4 a4 AUGUST 7, 1990 B. ELDERLY HANDICAPPED PROGRAM ($75,000) ' . RESOLUTION'N0. D- 5789, A RESOLUTION authorizing and directing the City Manager to file an application'with the - Washington State Department of Community Development fora = grarit'for acquisition of property for low ° income housing. ' 11. CONSIDERATION OF RESOLUTION AUTHORIZING - EXECUTION OF AGREEMENT WITH THE YAKIMA UMPIRES ASSOCIATION FOR UMPIRE SERVICES . , Mike Wykuenko, representing the Yakima Valley Umpires Association, addressed the Council . regarding the Association agreement to provide services tb the City. Mr.,Wykuenko encouraged the Council to expedite approval of the contract so payment - for 'services can be made to the umpires. The umpires have not been paid yet for work performed between the dates of June 18 -1July 22, 1990. Parks and Recreation Manager Dave Flaherty reported that the contract has been under consideration for some time, and the.reason it came up this year, is because the City is no longer affiliated with the Yakima Slow Pitch Association`. The'Slow Pitch Association used to pay the umpires, however, this year - the 'City assumed that . , responsibility.., Mr. Flaherty reported that the money has been collected and deposited in the Parks ~and Recreation Professional r Services' account. Mr' Flaherty. also stated that '-he attended a meeting . held last Tuesday between the Chamber of Commerce, the Assistant City Manager, Council' member Semon,'the'Slow Pitch Board, and Kathy Coffey to discuss softball programs in the City. The City will now initiate a meeting with the Slow Pitch Association to work out an agreement regarding fees, charges and the use of City facilities for tournaments next year. Mr.: Flaherty stated that the Parks and Recreation Department will continue to do what is best for the sport and for tourism_ in Yakima. Resolution No. D -5790, having- been read by title, it 'was'.MOVED BY SLIMS, SECONDED BY PECHTEL, THAT THE RESOLUTION BE ADOPTED.. The motion carried by unanimous roll call vote. ' RESOLUTION NO. D -5790, A RESOLUTION authorizing execution of an Agreement with the Yakima. Valley Umpires Association. . *12. SET LATE,.OF.PUBLIC ,MEETING FOR AUGUST 21, 1990 REGARDING ALLEY VACATION REQUESTED BY TEE. CITY'S HOUSING SERVICES CENTER August 21, 1990 was set as the date of public meeting on the vacation of an undeveloped alley in the vicinity of South 6th Street and Central Avenue, as requested ;by the City's Housing Services Office. * 13. APPROVAL OF TRANSFER OF RIGHT-OF-WAY USE PERMIT FOR STAIRWELL IN SIDEWALK AREA AT YAKIMA AVENUE AND 3RD STREET This item was removed the Agenda.` ' *14. REPORT FROM CUSTOMER SERVICE DIVISION REGARDING OPERATION OF CITY OWNED , PARKING LOT AND'FIRST -READING OF' AN ORDINANCE AMENDING THE 1990 BUDGET AND APPROPRIATING $14,500 FOR PARKING FEE COLLECTION EQUIPMENT (NO FORMAL ACTION REQUIRED AT THIS MEETING) • AAD /5 . AUGUST 7, 1990 8 5 The report from Customer Service Division regarding the operation of. City owned parking .lots, was accepted. An'Ordinance amending the 1990- Budget and appropriating $14,500 .for :parking fee ,, -, , collection l equipment,, having been read by title only at this t mee6ing.,- was. laid.. on the table for one week, until August 14, 1990. *15. SECOND READING OF. ORDINANCE AMENDING THE ,199.0 BUDGET AND • APPROPRIATING FUNDS FOR THE STORM WATER MANGEMENT, PLAN An Ordinance amending the 1990 Budget and appropriating funds for the Storm Water Management Plan, having been by title only at • the July 24, 1990 meeting, was brought. before.the,Council for a second reading. ; , . _ - , , ORDINANCE NO 328 AN OR ame the_ 1990. budget for the City of Yakima; making an appropriation for. the Storm Water Management Plan from Unappropriated. Fund_Balances within various . , Funds for expenditure during 1990. . ' *16. CONSIDERATION OF.ORDINANCE VACATING ALLEYWAYS IN THE VICINITY OF FRUITVALE AND NO. 6TH AVENUE REQUESTED BY CREST LINEN, JON SINK AND WILLIAM ASH . ORDINANCE NO. 3290, AN.ORDINANCE vacating the alleyways within the block south of• "I" Street, between North 5th.and ' ,6th Avenues and .north of Fruitvale Boulevard within the - City of Yakima. j -. 17.. REQUEST TO REMOVE FROM TABLE PROPOSAL. FOR., CONSULTANT RECYCLING SERVICES . (TABLED .AT 9/19/89_, .COUNCIL MEETINGLAND_, ESTABLISHMENT OF AD-HOC COMMI'rrEE .. - • Nancy Gaudette, Acting Refuse and Recycling Manager,, requested that the Council remove from.the table the Proposal for Recycling Consultant Services and • ;.Establishment,. -hoc Citizens Committee. - It ,was MOVED. BY BUCHANAN,,.SECONDED BY BEAUCHAMP, TO REMOVE THE 'PROPOSAL FROM THE TABLE.,; The motion carried by .unanimous voice vote.. Ms. .Gaudette reviewed the. legislation of House. Bill 1671, which..addresses. the need for citizens to become -,. aware -. of waste . reduction .and ..`recycling, and, requires cities to . • provide, waste, reduction information' and . re assistance to the public. Ms: Gaudette added that - over the few months she has • attended.. several . workshops ,on. the .design. and. •. implementation of .recycling programs. She, has also . researched,. recycling programs in Olympia and Spokane, cities that have municipal collection as well as recycling From the information she., has reviewed, -; . it has: become evident that recycling is ,working. .: _ Council member Barnett asked if we have received the guidelines and .recommendations -'that the State Office of .Waste Reduction is required to local governments. Ms. Gaudette confirmed that , this information has.. been...received .and a portion is included . • in the report. Council member Barnett asked "if. the ,City and Yakima County are working together .to mee.t.the, requirements since both jurisdictions are Class 3 areas. Ms. Gaudette confirmed that the County is required by law to establish a Solid Waste Advisory Committee, and they are in the process of rewriting their plan. AAD /6 8 6 AUGUST 7', 1990 Council member Barnett suggested this might be a joint City /County effort since both jurisdictions have the same deadline, the County already has a Committee in place, and the County owns the landfill. He asked if staff had, considered a_joint. request for proposals. Jerry Copeland replied that he,,had, suggested this possibility to the County, but they were not particularly . interested because they will be using different methods of collection. However, Mr. Copeland does anticipate working very closely with the County, and one of their staff members will be included on the City's committee. Council member_ Barnett asked if the County has authority on the legislation to establish and regulate minimum levels and types of solid waste handling services to be provided that would be binding on, the City. Ms. Gaudette replied that the County has indicated they expect the City's plan be a part of the County,_plan. Although it is not the City's intent at this time,. Mr. Copeland stated that the law does allow the City to develop its own separate plan. Council member-Barnett referred to the staff memo of 6/14/89, and asked if consulting firms will have gained the necessary experience by the time we need their services. .Ms. Gaudette replied that cities on the west side of the state have gained a great deal of experience since 1988. Mayor Berndt expressed her disappointment that Spokane's program did not .work, and they„ have gone to curbside service. Council member Buchanan related landfill problems on East coast, and was hopeful. that we might"_learn from their experience. Mayor Berndt stated that we are fortunate in Central Washington to have reasonable collection rates and a good landfill. Hopefully, with a good recycling program, we can extend the life of the landfill beyond its 20 -year expectancy. Council member Beauchamp asked if this was a statewide or national effort, and was told by Mr. Copeland that the program was state mandated. The law allows us to set up our•own plan, but it must take out at least 50% of the recyclable material... Mayor Berndt said the east side of the state _was given : a „Little longer time than the west side to put the plan into effect, but } do need to meet the same guidelines. Council member Semon asked . about the portion of the bill that allowed cities and counties to receive financial aid_ for implementation, but was told . by Mr. Copeland that it was vetoed by the Governor. It was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO AUTHORIZE THE RFP FOR RECYCLING SERVICES. The motion carried by unanimous voice vote. City Manager Zais stated, that it must be _emphasized to the public that,this is a state mandated action that we fall under with no resources from the State, and eventually it will impact rates. City Attorney Vanek stated that Initiative 62 was amended at the last legislative session and states that effective July, 1990 that any reimbursement that the City should receive because of a new service or program being imposed by the State is by any funds that the state has, provided to that jurisdiction or any taxing authority that the state has provided. The effect of this legislation_is under study by the Legal Department.' City Manager Zais stated that any city that files a challenge to this action can expect to end up in court. AAD /7 AUGUST 7, 1990 8 7 . 18. OTHER BUSINESS • V Information Items.: °Items of information provided to Council were: Letter to Assfstarit` City Attorney Public Disclosure compliance of City Law`and Justice Facility and Operation Proposal fact sheet. 7/27/90; Memo from Police Captain Follansbee regarding Inmate Care and Custody Cost Estimates. 7/30/90; Memo from Code Administration Manager regarding Union Street. 7/26/90; Letter to \ Graham Tollefson, Chairman, Yakima County commissioners,. 'regarding Emergency Medical Services (EMS) Levy. 7/31/90; Memo froth Acting Supervising Traffic Engineer; regarding Request for Additional .Signs - Ridgeview Elementary School. 7/26/90; Arlington Street /South 50th Avenue Annexation: Tax ,& Utility .Surcharge Comparison City vs. County; Letter to Craig Riley regarding watermain break vicinity Cornell Avenue and Nob Hill Blvd. 7/25/90; Letter to Charles R. Johnson regarding Notice of Violation of Nuisance Excavation Ordinance. 7/30/90; Letter from Congressman Sid Morrison regarding the Yakima River Basin Enhancement Program Round table meeting. 7/27/90; Letter to Haas Fruit Company regarding Building Permit on Russell Lane. 7/31/90; EPA Superfund Fact Sheet regarding Woods Industries. 7/19/90; Monthly Report of the Chief of Police for June 1990; Yakima Transit Quarterly Report. July 1990; Monthly Personnel Report - Vacancies and Hires as of July 16, 1990; Monthly Report from the Legal Department for June 1990; Memo from Fire Chief regarding Promotion of Mike Meyer to Battalion Chief.. 7/31/90; Minutes of the May 21, 1990 Police and Fire Civil Service Commission meeting; Minutes of the July 19 and 26, 1990 Air Terminal Board meetings; Minutes of . the July 5, 1990 Yakima Housing Authority Board'meeting; Minutes of the June 27, 1990 Yakima District Board of Health meeting; Article from 7/14/90 Seattle Post - Intelligencer, "Hill to Seek $20 Million Sales Tax Increase "; Article from Washington CEO, "We Can't Have Our Cake And Eat It Too "; and Meeting materials for Community . Forums on the Preliminary 1991 -1993 Washington State Department of Health Budget Requests. 19. EXECUTIVE SESSION It was MOVED BY BARNEIT, SECONDED BY BEAUCHAMP, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION, COLLECTIVE BARGAINING AND PROPERTY ACQUISITION WITH IMMEDIATE ADJOURNMENT THEREAFTER TO AUGUST 14, 1990 AT 7:00 A.M. IN THE CITY MANAGER'S CONFERENCE ROOM FOR INFORMAL COUNCIL DISCUSSION. The motion carried by unanimous voice vote. 20. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at the hour of 5:03 P.M. AAD /8 8 AUGUST 7, 1990 Ade READ AND CERTIFIED ACCURATE BY: ' • CO' DATE „ 40 CO CIL MEMB - ; 7 DATE • ATTEST: h<ci_AJ, 2' ye._ 6-h& • c.--)1 CITY CLERK MAYOR - • • - Minute prepared by Mary Lovell . . • . . . • . • . . • • . - . • . . . . . _ Ilr • AAD/9