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HomeMy WebLinkAbout11/13/1990 Business Meeting 188 • 'NOVEMBER 13, - 1990 r • , CITY OF YARIMk, WASHINGTON BUSINESS MEETING i - 1. ROLL CALL • r 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, George - Pechtel, Skip Semon and Bernard Sims present on roll call. Council member Lynn Buchanan absent, attending Law and Justice Task Force meeting in Seatac. City !'Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Lovell also present. ,rf, 2. PLEDGE OF e J The Pledge of Allegiance was led by Council member Semon. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER ' None. 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. "Council member Sims requested that.Item No. 13 be deferred. Mayor Berndt requested that Item No. 10 be added to the Consent Agenda. It was the general consensus of the Council that Item No. 10 be - deferred and Item No. 13 be added to the Consent Agenda, as requested. 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. (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 OCTOBER 30, 1990 CITY COUNCIL MEETING The Council minutes of October 30, 1990 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 -_ Mayor Berndt read a proclamation designating November 15, _ as the Day of the 14th Annual Great American Smoke Out in Yakima, and encouraged smokers to participate. Gayle Ehler accepted the proclamation on behalf of the American Cancer Society, and thanked the Council for their support. Mayor Berndt read a proclamation designating November 15 -16, 1990 as Women and Minority Entrepreneurship Days in the City of Yakima. Bonnie Galloway and Juan Huey -Ray accepted the proclamation and AAD /1 NOVEMBER 13, 1990 1 8 9 , ,invited _ Council members and citizens to participate in the conference and other scheduled activities. Bobby. Car .ter„ 1105, South.6th,Street, requested Council' assistance • . . , iri -,, eliminating .Tgang.,related,,activities in. southeast Yakima. Mayor Berndt and the Council shared his concern, and directed staff to meet with Mr. Carter and attempt to resolve the problem. -_ 7. PUBLIC • MEETING_ ON, CONSIDERATION OF HEARING EXAMINER'S,. .DECISION ON ' REZONE OF PROPERTY AT,45-,.W. MEAD, REQUESTED BY RICHARD AND CAROL HAAS a , . This being the time set. for. public ,meeting,,Associate.Planner Larry Lehman stated.that the Hearing'Examiner recommended approval of • the rezone request. Council member .Barnett was concerned that . approval would•result in spot zoning in the area. Mr. Lehman stated that spot zoning was also a staff concern. However, since staff, was unqualified to, offer a legal opinion, they deferred to . the legal expertise of the Hearing Examiner. Mr. Lehman stated . that the policy discretion of the Council .would assure that approval would not set a precedent for "spot zoning. Council member. Barnett observed that the Hearing.Examiner indicated that i .this rezone may have been overlooked when the Urban Area Zoning Ordinance•(UAZO) was adopted. Council member Pechtel asked why the .application was not for rezone as`a Historical Business (HB), and Mr._ Lehman replied, that had been the staff ,recommendation. . Supervising" Associate Planner Joan Davenport ,advised Council that .this property had been zoned B -2 prior to the 1986 adoption of the -UAZO. During the adoption process, it was either ignored or overlooked. The property has been in commercial use for several years. . Mrs. Davenport. stated that "the rezone request could not be modified after the legal ad was published, and changes cannot be 'made the application at this time without starting the process over again. City Attorney Vanek stated that the Hearing Examiner _based his .decision__ on the historical, commercial use of the property,. which.. negates the spot zoning concern. Mayor ,Berndt opened-. the. public , meeting, , and; asked if anyone present . ' wished _ speak in favor,of the recommendation. jay„ Kasmerski, 1409 Rock Avenue, was cohcerned about use of the property. She asked for a clarification of B -2 zoning, and asked if a tavern. could be opened on the property. Mrs. Davenport stated that a tavern is a Class 3 use in the zone, and would require a review and public hearing. Richard Haas, the property owner, spoke _ in favor of the. rezone. He stated that the property has been in I/ • _ commercial use since 1952, ' and -he is requesting the rezone for leasing :purposes. Mayor stated that Raymond Arnold, 44 West Mead, was unable to attend today's meeting, but had called to . • . express, ,his .support, of the rezone request.` There being no additional comment,.Mayor Berndt closed the public meeting. Planning Manager Don Skbne advised Council that staff recognizes the ,commercial history of the property, but, also acknowledges the precedent that is set when a single,parcel'is rezoned for business • use.,_ His recommendation to the Hearing Examiner was to narrowly . draft the decision to make it clear the neighborhood that it was not the intent or policy of the Council to encourage adjacent AAD /2 1 9 0 NOVEMBER 13, 1990 properties to pursue. business zoning. City Attorney Vanek advised Council that their. was to either approve or reject the Hearing Examiner's recommendation. If they reject the recornnendation,,Council may then hold their own - public hearing on the rezone. It` was MOVED BY "BARNETT; _ "SECONDED BY _ PO ACCEPT THE ,HEARING` 'EXAMINER'S .RECpN'll ATION `ANDTHAVE ORDINANCE READ. Mayor Berndt polled the Council members, asking if they have had any outside contact on this 'issue. There "being none, the motion carried by unanimous voice vote. Buchanan absent. Ordinance No. 3308 been read by title,_it was MOVED"BYBEAUCHAMP,'SEC LADED BY SIMS, 10 APPROVE'THE' RECOMMENDATION. - - The motion carried by unanimous roll call vote. Buchanan absent. ORDINANCE - , NO. 3308, AN ORDINANCE rezoning property at'45 West Mead .Avenue, in the. City of, Yakima, Washington from Two - Family • Residential .(R -2) to Local Business`(B- 2).and amending the zoning .map.`of the City of Yakima. . 8. PRESENTATION OF CONFERENCE OF GOVERNMENTS 1991 PRELIMINARY BUDGET Lon Wyrick, Director of Yakima Valley Conference of Governments (COG), reviewed-their 1991.budget, and,offered to ° answer questions ,,for the Council. - Council member Beauchamp asked for details on the mater Quality Assessment, and specifically. how the City would expect to benefit.. Mr. Wyrick•replied that this,is.the second year . of. a two-year assessment, which is a.matching share to a DOE grant funding three positions in the COG office. .It is•a basin -wide water fall report, including the Yakima Urban area, to provide _ better water ,preservation education to all jurisdictions. City Manager Zais explained that COG,uses population figures from OFM of • 50,800 while the .U.S. Census. figure is closer to 55,000. Mr. Wyrick. clarified, that. using .lower .figures is_beneficial when .determining ..assessments. .Mr. Wyrick stated, that COG' expects the • OFM population, figures to be. adjusted when official U.S. Census data is available.. Council member Beauchamp asked why, the water quality study. is necessary. Mr. Wyrick replied that there has been a growing concern about water quality throughout the Valley, and this study will identify problems.and satisfy state requirements. It ,was MOVED. BY:PECHTEL, :SECONDED .BEAUCHAMP,°10 ACCEPT THE . REPORT AND "APPROVE "THE•REQUEST. - - The motion carried by unanimous voice vote. Buchanan absent. 9. CONSIDERATION .',OF• SUNDCNE- TRANSIT USE SERVICE ' POLICY AND f ,. RECOI!M'IEENDATION BY. COUNCIL TRANSIT COMMITTEE City Manager . Zais. announced that this would be Transit Director Schultz's last Council meeting. He thanked Mr. Schultz for his eight years of service to. the City, and'wished him well in future endeavors. Mayor Berndt added. the appreciation_ bf the Council. Transit, Manager Schultz, advised Council - that the Transit Committee and staff developed the proposed Transit Use Service Policy to • address the issue of transit service to.the SunDome. Service has -been F provided to ..previous events at the Fairgrounds, but no agreement has been formalized for SUnDome events.. Mr. Schultz _distributed,•a letter from Greg. Stewart, President and General Manager of the.SunDome, indicating a lack_ of interest in signing an • agreement. . Council member Semon suggested. the City drop the AAD /3 - NOVII'•4BER 13, 1990 191 . unless a request'for service is received from SunDome r management. Council member Barnett asked why formal agreements have not been prepared for other special transit service such as the Air Fair and the Central Washington State Fair. Mr. Schultz indicated that the Transit Committee . will consider this topic at future meetings. It was the consensus of Council to defer any action on this item until a request for service is received from the SunDome. 3 . , : , -7._. ; 7. . , *10. CONSIDERATION OF RESOLUTION'ADJUSTING THE BUS FARES FOR THE HOLIDAY , SEASON (11/23-1/1/91) RESOLUTION NO. D- 5837, A RESOLUTION adjusting bus fares on the - - City City transit system for _the_,.period from November..23,. - „1990 through • January 1, 1991. *1 CONSIDERATION OF RESSOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH R. W. BECK AND ASSOCIATES RESOLUTION NO. D -5838, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute Amendment No. 1 to the agreement with R. W. Beck & Associates for professional engineering services. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE THIRD PARTY WORKERS' COMPENSATION CONTRACT WITH SCOTT WETZEL SERVICES, INC. , RESOLUTION NO. D -5839, A. RESOLUTION authorizing the City Manager and the City Clerk to execute an amendment to the agreement with Scott Wetzel Services, Inc. for workers'` compensation services. 13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE LEGAL DEFENSE SERVICE AGREEMENT WITH HALVERSON & APPLEGATE This item was removed from the Agenda and action deferred. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH STATE OF WASHINGTON FOR REBOUND PLUS FUNDING RESOLUTION NO. D -5840, A RESOLUTION authorizing execution of a contract with.the Department of.Community Development for funding of .Project Rebound. Rehabilitation Plus. • ' *15. CONSIDERATION -OF. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH it THE YAKIMA VALLEY CENTER.FOR THE DEAF AND HARD OF HEARING FOR INTERPRETER SERVICES . RESOLUTION NO. D -5841, A RESOLUTION authorizing the City Manager and. .,the City Clerk of the City of. Yakima to execute an agreement ...,for, service with_theYakima Valley. Center for the Deaf and Hard of Hearing. . *16.' CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF MUTUAL RELEASES TERMINATING PROPOSED PURCHASE AND SALE AGREEMENT FOR THE CASCADE LUMBER PROPERTY AAD /4 1 9 2 NOVEMBER 13, 1990 . RESOLUTION NO..t A RESOLUTION_. authorizing the City Manager to execute mutual releases terminating the proposed Purchase and Sale Agreement for the Cascade Lumber Property in the - City of Yakima. • *17. CONSIDERATION,.OF RESOLUTION AUTHORIZING RATIFICATION OF EXECUTION OF INDEMNIFICATION AGREEMENT WITH YAKIMA COUNTY FOR A MOCK EVACUATION EXERCISE RESOLUTION RESOLUTION ratifying an Indemnification . . Agreement with Yakima. County. . *18. CONSIDERATION OF RESOLUTION AMENDING THE PETTY CASH ALLOCATION TO THE CITY CLERK'S OFFICE , . ,. _ RESOLUTION NO. D- 5844,A RESOLUTION amending Resolution No. D -5543, adopted January 24, 1989, and authorizing the existence of a City Treasurer's. Change Fund, and other petty cash funds,, within the General Fund of the City of Yakima. . *19. • REPORT FROM PARKS. AND. REGARDING_., 1990 .SUMMER YOUTH PROGRAM FOR DISABLED CHILDREN The Report from the Parks and Recreation Division regarding the 1990 - Summer Youth Program for Disabled Children, was accepted. *20. APPROVAL OF REPORTS FROM THE DEPARTMENT OF FINANCE AND BUDGET A. THIRD QUARTER 1990 INSURANCE CLAIMS REPORT The .Third .Quarter'1990` Insurance Claims. Report was accepted for filing. purposes.. • B. .REVENUE AND EXPENDITURE REPORT FOR OCTOBER 1990" The Revenue and Expenditure Report for October 1990 was accepted for .filing purposes. *21. APPROVAL OF THE, FINAL CONTRACT PAYMENTS FOR: (STANDARD MOTION V -B -- ACCEPT CONTRACT AND.APPROVE FINAL PAYMENT) A. 16TH AND YAKIMA.AVENUE.INTERSECT.ION PROJECT = , c T,, The report from the City Engineer dated October 29, 1990, with respect to the danpletion of work on the •16th &Yakima Avenue Intersection - Project, ,.performed .by Superior Paving Company,., was . approved, the work accepted.and payment of the final estimates as therein set forth was authorized. . B. INDUSTRIAL COATING_DIGESTER #2.PROJECT, The report from the City Engineer. dated October 29, 1990, with respect to the completion of the work on the Industrial Coating Digester #2 Project, performed by Cascade Industries Northwest, Inc.,, .was approved, the work accepted and payment of the final estimates as therein set forth was authorized. • • AAD /5 NOVEMBER 13, 1990 1 9 3 * 22. SET LATE OF PUBLIC HEARING'FOR NOVEMBER 27, 1990 ON THE DONALD MARTIN APPEAL OF THE HEARING EXAMINER'S DECISION REQUIREMENTS OF SUBJECT TO CONDITIONS FOR PROPERTY LOCATED AT 1211 KING STREET November 27, 1990 was set the ,date of public' 4 hearing on the appeal of the Hearing Examiner's decision on the. requirements of subject to for property located at '1211 King Street, requested by Donald Martin. i. 23. CONSIDERATION OF AN ORDINANCE AMENDING THE DANGEROUS BUILDING CODE ' AND DESIGNATION OF REBOUND OFFICIAL AS AUTHORIZED REPRESENTATIVE OF BUILDING MANAGER FOR ABATEMENT OF DANGEROUS BUILDINGS Community and Economic Development Director° Rice explained that this Ordinance is a necessary tool - for implementation of the Rebound Plus program. He stated that this was a. complicated issue that required an amendment to the Dangerous'l Building Code and creation of a Board of Appeals. Mr. Rice requested approval of the Ordinance' today, and indicated" that .'the`'Board' - 'of Appeals will be established within the next few weeks. 'Council member Barnett felt the sentence on the cover sheet stating' "and the establishment of a Board of Appeals" requires the Board to be in place before the Ordinance is passed. Mr. Barnett felt that the Ordinance should clarify the composition of the Board of Appeals, as well as its legal authority and scope of responsibility. Larry Martin, legal counsel' for this issue, explained that the Building Code has been in place for many years in Yakima, but a Board of Appeals has not been used forr this particular statute. The Rebound Plus PrograM would like to establish its own Board of Appeals, and it will begin place before any action is taken. City. Attorney Vanek explained that the current Administrative Board established under Chapter 11.46 of the City Code has never been used. A separate Board of Appeals is required for the Rebound Plus Program to become viable. City Manager Zais stated that a copy of the procedures and rules from the Building Code will be given to Council members to explain how the Board will operate. Rebound Plus Coordinator Irene Gutierrez advised Council that the Code is ' being printed, amendments will be added, and a procedural handbook will be developed, including recommendations for the Board of Appeals. . Ordinance No. 3309, having been read by title, it was MOVED BY • BEAUCHAMP, BY PECHTEL", TO ADOPT THE ORDINANCE. The motion carried by unanimous roll call vote.' Buchanan absent. ORDINANCE NO. 3309, AN ORDINANCE relating to buildings; establishing :appeals to`the Superior Court; staying actions of the Building Official' and Board Appeals when an appeal is filed; and establishing criminal and civil penalties for violation. *24. CONSIDERATION' OF AN ORDINANCE AMENDING THEtYAKIMA MUNICIPAL CODE TO EXCLUDE LIMOUSINE SERVICE FROM "DEFINITION OF "FOR HIRE VEHICLES" ORDINANCE NO. 3310, AN ORDINANCE relating to of taxi cabs and vehicles for hire and excluding limousine service from the definition of "for -hire vehicles "; and Sections 5.78.020 and 5.78.220 of the Yakima Municipal 'Code. AAD /6 1 9 4 NOVEMBER 13, 1990 *25.. 4 CONSIDERATION OF AN ORDINANCE AMENDING THE CLASSIFICATION AND — COMPENSATION PLAN FOR CERTAIN EMPLOYEES (TRANSIT ROUTE SUPERVISOR AND SAFETY AND TRAINING OFFICER) "ORDINANCE_, NO. 3311, AN ORDINANCE relating to City personnel; .cadopting a classification and compensation plan for City employees to be effective December 16, 1990; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, and Subsection 2.20.110 F, all of the City of Yakima Municipal Code. *26. SECOND READING OF AN ORDINANCE AMENDING THE 1990 BUDGET AND APPROPRIATING INTO THE SEWER CONSTRUCTION FUNDS An Ordinance: the 1990 Budget and appropriating funds into the Sewer Construction Fund, having been read'by title only at the October 23, 1990. meeting, . was brought before the Council for a second reading. ORDINANCE NO. 3312; AN ORDINANCE amending the 1990 budget for the City of Yakima; and making an appropriation of $305,000 in the Sewer Construction Fund for expenditure during 1990 for the West End "Summitview Trunk Sewer Project and for additional costs of the Scenic Drive Sewer Line Project. o - *27. FIRST' READING. OF AN ORDINANCE AMENDING THE 1990 `BUDGET AND •APPROPRIATING FUNDS FOR MEDIA EQUIPMENT IN THE COUNCIL CHAMBERS An Ordinance' amending the 1990 Budget and appropriating funds for video 'equipment and modification costs to install equipment in the Council Chambers, having been read by title only, was laid on the table for one week, until November 20, 1990. . 28. OTHER BUSINESS Council member Sims requested that the Payroll Ordinance in the Council packets be updated to reflect recent changes'. Mayor Berndt reported that letters have been prepared for community orgahi.zations to request meetings to discuss .law and justice concerns.' ", :Mayors Berndt asked :for:; Council:; direction. It was the consensus of Council to mail out 20 letters to see what type of response is received. Mayor Berndt asked the Council members to consider a date for a Council /Management 'staff Christmas party. Plans will be formalized at the`next Counciitmeeting.'. Mayor Berndt reminded'Council that a dinner meeting is on December 11 with area legislators. r Information Items:. ^,:,. ' ,C i ri . , .- Items of information supplied to Council were:. : Memorandum from Cable Communications -.Manager regarding -- Cable TV Franchise Negotiation Process. 11/8/90; Memorandum from City Attorney regarding Damage Claims Referred to Insurance Company. 11/1/90; AAD /7 ' NOVEMBER 13, 1990 1 9 5 c ry.; 9 • Letter from - State Department of Community Development regarding Community Forums sponsored by the - Governor's` Task Force on Homelessness. 11/5/90; Letter. from U. S. Department of Housing and Urban' Development regarding Housing' Assistance •Plan, Annual Goals.' 11/6/90; Permit Center Monthly 'Report for' October 1990; Article from November 12,' 1990 Forbes, "Fery on the - 'Defensive. "; Letter from Stan Finkelstein, ANC - Executive Director, regarding Summary of Budget Reduction Proposals from . State Agencies. 10/ 31/90; - and Minutes of the October 4, 1990 Downtown Area • Redevelopment Committee meeting. '29. EXECUTIVE' SESSION - . It was MOVED BY SIMS', SECONDED BY PECHTEL, TO'MOVE INTO 'EXECUTIVE SESSION FOR 'THE'PURPOSE OF DISCUSSING AAQUISITION OF PROPERTY, -- 'TO IMMEDIATELY RECONVENE THEREAFTER TO'CONTINUE'BUDGET 'REVIEW. The motion carried by unanimous voice vote. ;Buchanan absent. _ 30. 1991 BUDGET AND POLICY .ISSUES REVIEW A r.; Following completion of Executive 'Session, Council reconvened • in the Council Chambers at 4:05 P.M. to continue Budget Review. (Council member Barnett absent after 4:30 P.M. - - Council member Beauchamp absent after 4:40 P.M.) PERSONNEL Budget and Finance. Director Hanson, Personnel :Officer Sutton and Deputy - Personnel Officer Smith present for .discussion of the Personnel Department Budget. City Manager Zais, Assistant City Manager Stouder and Deputy City Clerk Lovell also present. In his opening comments, Personnel Officer Sutton outlined the functions performed by his department in the past year, and offered to answer questions. He stated that his office is now fully staffed and should be able perform their responsibilities through the _ next year.. Council member Sims questioned the proposed $200,000 expenditure for a Work Force Study, stating that the proposal was much more elaborate than he expected. Mr. Sims was concerned with mandated costs that impact the budget as they relate to unseen payroll expenses. Mr. Sims was also concerned that the City fails to provide incentive for employees to continue to contribute to the work force. Assistant City Manager Stouder suggested that the Compensation Study. be done following development of a Work Force Plan; then the City can concentrate on training, upward mobility and lateral movement. Mr. Stouder suggested development of a request for proposal (RFP) in order to develop an organizational outline that examines system wide personnel needs. Mr. Zais clarified that this is proposed as a multi -year effort with funding to be addressed as needed, following evaluation of the response to the RFP. Council member Pechtel felt the City should take the positive step of issuing the RFP, but he would like to have it presented in separate levels for review and implementation. City Manager Zais estimated that the RFP could be issued within the first quarter of the year. AAD /8 1 9 6 NOVEMBER 13, 1990 City Manager Zais explained that the Senior. Secretarial Administrative Level proposal combines upgrades of existing DA TV positions, one downgrade in Public Works and one new position in the Finance Department. Budget and Finance Director Hanson gave an explanation of the'need to create a new position in his department. Council member Sims requested that each of thee positions be considered separately during the budget wrap -up. Personnel Officer Sutton outlined the policy issue e the Safety and Health Committee Service Unit. This' is City -wide effort, and will coordinate with the Workmen's Compensation program. This will be an ongoing program working toward lowering the number of accidents in the workplace. Mr. Sutton also stated that 'the tRFP L ,Yias' "been` :. distr.ibuted?'for ` Employee' Assistance Program:: 3 A" '.dozen`: responses•'have: been rece ivied, and' the top four C--respondents wi11': be: interviewed :wi;thin' ' weeks. Mayor .Berndt asked.Mr. Sutton if the Union has expressed concern with the funding for this program coming from the Health Benefit Reserve Fund. Mr. Sutton replied ' that the program will help the Union membership, and he has not received any objections. Mr. Sutton reviewed, the accomplishments of the Wellness Committee over the past year, and outlined future plans: This concluded the discussion of the Personnel Department budget. 30. ADJOURNMENT There being no further business, the meeting was adjourned at the hour - of'4:50 p.m. to 7:30 a.m., November: 20, 1990 . for a meeting with the County Commissioners at the Yakima County Courthouse. • READ AND CERTIFIED ACCURATE BY: / i2 /G I71/1/4/ COUI M l+u :ER DATE ' 4/4111 • _ COUNCIL ' BER DATE ATTEST: ( Q y � ! 1a) Ci /;i c- G'/ CITY CLERK MAYOR • Minutes prepared by Deputy'City'Clerk Lovell • AAD /9