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HomeMy WebLinkAbout04/27/1990 Business Meeting 215 NOVEMBER 27, 1990 '' ' CITY OF YAKIMA, WASHINGTON BUSINESS MEETING " ' = -" 1. ROLL CALL ' " The "City 'Council , met in session'on this date 2 :00 P.M. in the Council of City Hall, Yakima, Washington. - Mayor Pat Berndt; presiding, Council members Clarence Bartlett, Lynn Buchanan, George'Pechtel, Skip Semon and Bernard Sims'present on roll call. Council' 'member Henry Beauchamp absent and excused. - `City Manager - Zais,'City Attorney Vanek, City Clerk Roberts and Deputy`City Clerk 'r Lovell also - - - - 2. PLEDGE OF ALLEGIANCE " The Pledge of Allegiance "was led by Council member Pechtel. 3. OPEN" DISCUSSION'FOR'THE GOOD OF THE ORDER " . ' Council member complimented" Governor Gardner and the State legislators 'for- their foresight in establishing a "rainy day" fund, light of recent flooding throughout the State. 4. CONSENT AGENDA - • t Mayor`- 'Berndt %referred to'the item's placed on the Consent Agenda, - questioning whether 'there were any - additions or deletions from either 'Council members'or' "citizens present. A citizen requested that Item No. 11 be removed from the Consent Agenda; It was the general consensus'of the that'Item-No. 11 be removed, as requested. '' The City Clerk then read the - Consent Agenda items, - including resolutions and ordinances by title: It was MOVED • BY SIMS,'SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE PASSED. The motion carried by unanimous roll call vote. Beauchamp 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 6, 1990 COUNCIL MEETING '' ' T Thee yCouricilY minutes'of' November 6; 1990 proved b wing been duly certified 'accurate - by two Council members,'and no one present wishing to have Said minutes read publicly. 6. ' AUDIENCE PARTICIPATION ` -t,-,,- - Gil 'Backen, 306" North 10th Street, addressed the Council with questions concerning his refuse charges. Mayor Berndt referred him to Public Works Director Jerry Copeland for assistance. Charles Greer, 1212 Cherry; suggested closure' of the downtown area after business hours and a change in`signalization to discourage the "drag strip = effect" on'Yakima Avenue. Mayor Berndt indicated ' that'this suggestion will'be discussed with Police Chief Green. AAD /1 2 1 6 NOVEMBER 27, 1990 7. PUBLIC HEARING ON DOUNTOWN TFUTURES" CBD PLAN This being the time , set - .for: public - hearing, Mayor Berndt stated that staff will not make a presentation, but will be available to answer questions. Mayor Berndt opened the public hearing. Judy Moran requested clarification of the idea of a tax break for downtown businesses. Council member Semon responded that there is nothing in the plan relating to taxes. - Mrs. Moran stated that she favors development`of the downtown area, but cautionei that good planning is imperative. Larry Matthews, 805 South 17th Avenue, • stated that comments at the four public .,meetings show that the public, has - serious reservations about Plan adoption. Mr: Matthews - Is 'opposed to adoption"of the Plan until implementation and funding elements are determined. Mr..Matthews felt .• public was being kept in the dark, and that adoption of this Plan was a device to withhold approval of commercial - development outside of the Central Business District. Bill Brado, 4904 Castleview, stated that he attended three of the four public meetings, and he felt that 80% of the testimony was against the Plan. He felt the material distributed by the City did not reflect actual public opinion. Mr. Brado favors a strong downtown core area, but felt the -City should not discourage outside growth. He also stated that poor access and high development costs - make the downtown area unattractive to developers. Scott Wilson, 2410 66th Avenue, supported adoption of the Plan, and encouraged Council to take immediate positive action. He reminded Council that it has been 20 years since the last downtown revitalization, and suggested that it was time to move forward. He felt that outside development would 'follow naturally if the -City had a - strong downtown core. Dave - Franklund, representing Knipper- Dunn- Franklund•Architects, stated that his company feels that adoption of'the Plan would be a strong step forward. His-company views the Plan as•a means of increasing -civic pride in the downtown area. The'firm would like to see long ..range improvements, and recommends using a design review'-committee - ifs ,fir to ,facilitate-the •plan.. -There being Mayor Berndt closed the public meeting. .City Manager Zais commented that the entire planning process was open and nothing was intended to be hidden from public view. While there may be issues that require further study and evaluation, the task for Council is to consider formal adoption of the Plan and to begin the next steps in the process. It was MOVED BY SEMON, SECONDED BY BUCHANAN TO ADOPT THE YAKIMA" DC7InN!1ONN FUTURES PLAN. Council member Barnett stated that he is not against working toward development of the downtown area: However, he feels the'Plan lacks essential elements: the implementation chapter and a funding source. Mr. Barnett stated that the Joint Urban Board referred to Chapter 6, and considered it an integral part of the Plan, but recent copies of the Plan do not contain this chapter. Council member Semon reported that Council member Beauchamp asked him to convey his strong support - of the Plan.; - Mr.- Beauchamp indicated that he would be voting in favor of the Plan if he was present. Mayor Berndt emphasized that the Plan - is conceptual, and no public funds will be spent on implementation since the'program has not been developed. City Manager Zais agreed that most plans include implementation chapters. However,•since this study has gone on for four years, it needs closure to some part of the planning process. AAD /2 NOVEMBER 27,, 1990 2 1 7 The Plan can then be amended accordingly, with implementation chapters that .will` unfold over the . .next several years. The question was called for vote on the motion. The motion carried by a`5 -1 voice vote. Barnett voting nay. Beauchamp absent. 8. PUBLIC HEARING ON APPEAL BY DONALD ON THE_HEARING EXAMINER'S CONDITIONS -ON APPLICATION TO BUILD MULTI - FAMILY UNITS AT 1211 KING .STREET :Supervising Associate Planner Joan Davenport explained that this was an appeal, of a.specific condition of approval of the Hearing Examiner. The' original Class 2 use was reviewed by, the Zoning Official, who required a public hearing because of neighborhood concern., .Mrs. Davenport stated that Council needs to determine if the, findings of the. Hearing Examiner support the conclusions and recommendation. She showed the development site on a map, and explained the King Street improvements stipulated by the Hearing Examiner. .Mrs. Davenport advised Council.of their three options: ,.1. Deny the appeal, and require applicant to . improve King Street beyond his property; .. . . 2. Uphold appeal, and provide applicant with complete relief of the condition or. require,. future., participation in.an L.I.D.; .3. Remand . the matter back to . the, Hearing Examiner for additional testimony, specifically listing those items that ,,,should be reconsidered. Staff does not recommend this option. • '.Council member Barnett. asked if there were any precedents to require an owner to improve a. street beyond his own property. Planning ? .Manager Don.Skone could not think of a specific incident, `.., ` but noted. that Council - has. required sidewalk _, and, _ intersection improvements beyond a. property site. '' Mayor Berndt opened .,,the public .,hearing and asked if there was anyone present to speak in favor of the appeal. The property owner, Donald Martin, 5105 North Sky Vista, stated that he felt individuals should not be required to improve streets' not directly. in front of their own .property. Since this is a small pxoject, Mr. Martin, felt the traffic flow did not justify the street .improvement requirement. Mr. Martin stated that since he could place a 6 -unit complex on the site without a review, he felt ft.",was unfair to impose the conditions for increasing the size to 8 units. Mr.. Martin indicated that he was would be willing to participate in an L.I.D. to .improve the street.' Mayor Berndt asked if there was. anyone, present to speak in . opposition to the appeal. John Ditzler, 1615 South 14th Avenue, stated that a number of neighbors signed a petition opposing the development request because of . traffic concerns in the area. Mr. Ditzler felt that developers should be responsible for improving the infrastructure around their property., Ray Gardner, . 1612 South 14th Avenue, Sunnyside, stated.that his questions had already been answered,,but he complimented the Council for their commitment .to public service. Yvonne Luttrell, 1209 West King, stated that she submitted a letter 'to Council and wanted to go on AAD /3 2 1 NOVEMBER 27, 1990 • record _ in opposition to the appeal.. She felt that King Street should be widened accommodate increased traffic flow, and that Mr. ,M a rtin should responsible _for "all unprovements. ' There being no other citizens present to speak to this issue, Mayor Berndt closed the public, meeting and polled the Council, . asking if anyone had outside contact on this issue. All replied they had no prior contact. Council member Pechtel stated that part of the problem_ Council faces is that developers were not required to ,install- proper streets i n_prior years._ In reply to questions from Council members, Denny Covell, _Director of Engineering and ,. Utilities, explained L.I.D. requirements. Council member Sims asked if it is to remand this back to the Hearing Examiner to consider formation of an L.I.D. City Attorney Vapek replied that the Hearing Examiner could make the required - permits subject • to, formation ofan L.I.D. Council members-discussed other options, however,.. City Manager Zais, cautioned that an_L.I.D. is a binding contract that affords protection and guarantees to the City. Council member Sims asked if the conditions required'by the Hearing Examiner would remain if the applicant reduced his project to a six,. „ unit e complex City _Attorney_ Vanek replied that the requirements would be null and void in _that situation. It was MOVED BY BARNE F TO UPHOLD THE APPEAL. There was no second to the ,motion. : Council member Semon suggested meeting with the neighbors to ,-_gauge, their interest ,in, participating ,in _ an L.I.D. City • Attorney Vanek stated that. the" Council, cannot, take new evidence during an` appeal.' Council member Semon asked if anyone in the audience felt the neighborhood would . participate in an L.I.D. Mr._Ditzler. replied that he could not speak for the neighbors, but ' he thought most.pedple felt the developer- should be responsible for required improvements., It was; MOVED BY ' ; - SIMS ' " SECONDED BY - BUCHANAN, TO DENY THE APPEAL. The motion carried by 4- 2_voice vote. Barnett and Pechtel voting nay`. Beauchamp absent. CITY MANAGER'S REPORTS r 9. PRESENTATION OF PROPOSED 1991 AIRPORT BUDGET . • City_ Manager,Zais advised Council that the Airport is required to submit_ an annual Budget pursuant to e th City - County agreement. He introduced Airport Manager,Bruce Loy, Airport Business Agent Macile ; Zais and Yakima Air,Terminal. Board Member Jim Barnhill,,, who were present to answer questions ',regarding, the proposed 1991 Airport Budget. Mr..Loy ,stated that key items in the `budget are a terminal feasibility study and runway improvements. There is nothing in the budget, related to aCustoms Office or Foreign Trade Zone, as they are separate items to be, funded by private enterprise. Since .hoardings_ are down,. Mr. Loy is not proposing a large scale terminal ,rehabilitation or relocation at,this time. However, some cosmetic improvements ..are,needed to present an attractive image to visitors to Yakima, so $30,000 each is.being requested from_the'City and the County The Airport is currently using the Operations Fund to cover capital outlays, and_the working reserve is nearly depleted. ,The FAA has. inspected the 12- year`old runway, and verified that an overlay should,be done_as soon as possible. This has been planned as a multi -phase project over the next three years. AAD /4 • NOVEMBER 27, 1990 2 1 9 Council member Barnett asked if this budget has been presented to the County. Mr. , Loy replied that a meeting is Scheduled with the _County 'next week: Council, member Barnett then asked for the funding source to meet the $30,000 request. City Manager Zais stated that the funding source, has not been identified, but offered .i:�r three possibilities:` '1) 'the'.Public VorkS Trust Fund Capital Reserve, if it is legally permissible; 2) the Contingency Reserve II/ ; for 1991; or 3) the General Fund. Staff will provide a funding ' recommendation in the final policy document. Mr. Zais recommended that ,City approval be contingent upon equal County participation. Mr.` Loy described ;the. proposed _cosmetic improvements including carpeting throughout the terminal, and replacement of modular seats..._ Since the Airport is the gateway to the City, Council member Senon the proposed cosmetic improvements in the public areas were critical. However, with the current state. of flat Operating_ revenues, he felt that staff increases and office improvements were difficult to justify. Mr. Loy 'explained that staff is using loaned computer equipment and it is hard to perform necessary `.office functions. Mr. Loy. stated that landing fees have not been increased since 1984, and all fees need to be reevaluated. Mayor Berndt thanked Mr. Loy for. including ,landscaping in the : Budget., It_was MOVED BY PECHTEL, SECONDED BY''SIMS, TO APPROVE THE 1991 AIRPORT' .BUDGET. AS PRESENTED,' CONTINGENT UPON COUNTY PARTICIPATION ,AT AN EQUAL OR GREATER LEVEL. The carried by unanimous voice vote. Beauchamp absent. . City Manager Zais stated that the Airport Budget will be included in'the final Policy Issue Document. Council member Barnett complimented Mr. Loy,_for the best Airport Budget he has seen,in the past nine years. 10. CONSIDERATION OF REQUEST FROM •PARKS AND RECREATION FOR AUTHORIZATION 10 SELL AND DISPLAY ''COMMERCIAL AES SOLELY AT THE DUNBAR .SOFTBALL ,CCMPLEX Parks Manager Dave Flaherty gave a slide presentation for Council, and offered to answer questions concerning the proposal. .Council . _ member Sims was .concerned that this - program.might.expand'. to other park _property, and asked if there was a provision' to test the ,,program and'reeval`uate it in a year. . Mr. Flaherty stressed that commercial signs are intended solely for Dunbar Field,^ and will be in place only during softball season (May to Council member__Barnett inquired about the legality. of prohibiting tobacco . and alcohol -advertising, City Attorney 'Vanek'stated that case authority _ he found in transit advertising permits .the._limitation. Mr. Flaherty stated that Dunbar Field has been selected 'for this proposal because the Parks Department can secure the complex. The signs will be placed on the bottom portion of the fence, and will face. the grandstand. Advertising revenue will be'used to make _ necessary repairs to the ballfield complex. The,proposal requires a three year commitment An order to secure'as much start -up money as possible. Council member Semon felt the'proposed fee schedule was low,..and suggested reevaluation of the, the rate ,structure. .. Council member Barnett was supportive of the proposal; but felt that signs detract. from._ sporting events. It was MOVED BY'BUCHANAN, SECONDED BY PECHTEL, 10 APPROVE THE RECOMMEENDATION. Scott Wilson, 2410 South 66th Avenue, endorsed the proposal. A longtime AAD /5 2 2 0 NOVEMBER 27, 1990 supporter of softball in Yakima, Mr. Wilson urged that sign revenue be . used exclusively for capital improvement.rather than , operating revenue. Council member _Sims asked if the Urban Area Zoning Ordinance (UAZO). restricts', sign installation, on park property. City Attorney Vanek replied that the UAZO permits temporary signs,, and :a, Code 'revision will allow placement of signs on park property. The question was called for a vote on the motion. The motion carried by, unanimous voice vote. Beauchamp absent. 11. CONSIDERATION OF RESOLUTION DISSOLVING IRRIGATION DISTRICT NO 622 John • Klingele, 1312 West Walnut, requested removal of this item from the Consent Agenda. Mr. Klingele was concerned that dissolution of this irrigation district violates RCW 90 .14.130 -.180 regarding relinquishment of rights. for abandonment or failure to beneficially, use irrigation water without, sufficient cause. He - felt the,letter from the school district_ indicates - the district is selecting domestic water for ,purposes for no particular. reason. .Mr..Klingele felt this choice would_ not meet State Code which `provides that water rights can be removed from an area .if they do not use the rights they have. Mr. Klingele felt that the legal opinion did - not address his concern about the beneficial use of, rights. Council member Barnett shared c oncern ; t he..district „would. not ,be,obligated to participate in fu i . assessments,.or._levys ' ',against property owners ,r Since the • District pays a- reduced,' rae,for ,dome,stic wat Council member PaY t :� �� � � Buchanan saw,an , obvious financial` benefit for the district to abandon the irrigation_ system. Betty Gaudette,.,.,,701 North 6th Street, shared .Mr. Klingele's concerns, stating that taxpayers will have to pay the difference if the school. district pays reduced rates. Mrs. .Gaudette also questioned . amount of park acreage served by domestic water and the costs being passed on to taxpayers. Mrs. Gaudette cautioned Council to be very careful about abandoning irrigation districts because. the state's water was overallocated many years ago, and there is a definite shortage of water rights. Mrs—Gaudette stated that domestic and,,irrigation rights cannot,be combined because some ,irrigation rights are only good April through October, while domestic rights ,are good all,year long. Mrs. Gaudette , agreed with Mr:` Buchanan's comments. that it is time to work together toward replacement .of the City's irrigation system rather than moving more users, toward domestic_ water. Council member Barnett _stated that ,these water,.rights cannot-automatically be transferred by Council action, ,but must follow established procedure. Mrs. Gaudette also .felt the Council should be concerned with water rights included in r upcoming an r , Council member, stated that it will be costly,.,if domestic water is, used for irrigation,, and this will eventually cause major problems. Council member Barnett agreed, that a .loss of water . rights is his,concern, and he will vote against the proposal based on concern not being properly addressed. Mr. Barnett feels the entire irrigation system has to be very seriously and carefully .._,,considered . Council member, Sims .felt the recommendation was unclear about, responsibility for the cost.of maintaining.the canal, and asked_if. the cost.remains unchanged aS stated'in the Irrigation AAD /6 NOVEMBER 27, 1990 2 2 1 Study. Ty Wick, Water Division Superintendent, replied that the . • City owns shares in the Naches- Cowiche Canal Company, and no specific water rights are issued to any - particular- parcel of land. Shares are applied to those districts ,served by_the Canal Company, and six shares have been allotted to this system in the past. The City would retain these shares, and use • them as needed. The remaining users of the system would assume the cost of necessary maintenance and._repai, was_ MOVED BY BARNETT; SECONDED BY BUCHANAN, TO - DENY THE REQUEST.' Bob "Alexander, Yakima School District Administrative Assistant, explained that the district has been trying to standardize water quality and service, and this proposal means a cost savings of public funds,for the district. Council member Buchanan felt this was inequitable because the cost was not being passed on to the community, but to the .individuals who use the irrigation system. Council member Sims suggested that action be deferred until Council. can resolve the'questions that have been raised, and determine the potential' impact.of the action. COUNCIL MEMBER - BARNETT WITHDREW HIS. MOTION. COUNCIL MEMBER BUCHANAN WITHDREW HIS SECOND. It was MOVED BYSIMS,. SECONDED BY - BUCHANAN, TO TABLE THIS ITEM UNTIL FURTHER `INFORMATION CAN BE DEVELOPED. The motion carried by unanimous voice vote. Beauchamp absent. Council member Barnett requested a review session on the water rights issue, including the transfer of rights, to make sure .,Council ,members-,understand the.implications City Manager Zais will - schedule , this' topic-.for,;,a ,`future,' s.tudy, session. *12 CONSIDERATION;; OFRESOLUTION AUTHORIZING EXECUTION' OF ARCHITECTURAL SERVICES, CONTRACT FOR THE SEWER COLLECTION MAINTENANCE'FACILITY RESOLUTION NO. D -5849, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement, with E: Thomas:Culpepper professional services. *13. SET DATE OF HEARING FOR DECEMBER 11, 1990 ON THE APPEAL OF TAXI DRIVER'S LICENSE FILED BY ROBERT ACKERMAN December- -11, - .1990 -was set as the date of hearing on the appeal filed by Robert Ackerman on the denial of a taxi driver's license. *14. CONSIDERATION OF AN ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR AFSCME EMPLOYEE CONTRACT SE ILEMENT FOR 1991 -- - • ORDINANCE- -NO. 3316-, AN •ORDINANCE 'relating' =to City- :personnel; adopting 'a classification and compensation plan for City employees 11/ to be effective January 1, 1991; amending Subsections 2.20.110 A, Subsection 2.20.110 F, and Subsection 2.20.110.H all of the City of Yakima Municipal Code. 15. OTHER BUSINESS City Manager Zais advised Council that the 1989 Achievements document was distributed at the request of Council member Pechtel. The 1990 goals and objectives document will be updated and available after the first of the year. AAD /7 2 2 2 NOVEMBER 27, 1990 . _ Information •Iterns: . . . Items of information supplied to Council,vere: The Griffith RepOrt, Volume 3, Number 2, Fall 1999; and Monthly ,Report of the Chief.ofPolice for October 1990. . - 'CONTINUATICN-OF,BUDGET REVIEW- 16. LEGAL.,DEPARTMENT (BUDGET - PAGE 100, POLICY ISSUE - PAGE 52) II/ PURCHASING (BUDGET - PAGE 126,. NO POLICY ISSUES)' FINANCE (BUDGET- PAGE 131, POLICY ISSUE PAGE 53) . • - t • City Manager z suggested postponement of the Legal, Purchasing, Finance, and Engineering budgets to next Tuesday, December 4, from 9:00-1100 A.M. This will be followed by a luncheon m with the Board.of Directors., He suggested.that review, Water and ,Sewer budgets follow the.2:00.P.A. Study' Session on legislative Gl rebo're:.on Region 9 ' - Tourism Funding for Council review' prior to finaT,budget _ • .• . • 17. ADJOURNMENT " It was MOVED BY,BARNETT, SECONDED BY':PECHTEL,'110 ADJOURN TO 9:00 'A.M. 4, 1990 FOR 'RESUMPTION OF BUDGET REVIEW, AND TO 11:30 A.M., DEMMER 4, 1990 FOR MEETING WITH THE' 'YCDA EXECUTIVE BOARD AT THE RESTAURANT AT THE AIRPORT BANQUET ROOM. The Motion carried by unanimous voice vote. Beauchamp absent. READ AND CERTIFIED ACCURATE BY C NCIL MBER DTE • COUNCI, EMBER DATE ATTEST: "ea--6eitet ck„c_ CITY CLERK ' "- MAYOR Minutes prepared by Deputy City Clerk Lovell • . AAD/8