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HomeMy WebLinkAbout04/07/1992 Study Session / Business Meeting 217 CITY OF YAKIMA, WASHINGTON APRIL 7, 1992 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. Assistant Mayor Lynn Buchanan, presiding, Councilmembers Clarence Barnett, Henry Beauchamp, Bill Brado, Skip Semon and Bernard Sims present on roll call. Mayor Pat Berndt absent and excused. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Clerk Harris also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Semon. 3. REVIEW OF DRAFT SEWER PRETREATMENT ORDINANCE It was the consensus of the Council to conduct the public hearing and public meeting before the review of the draft sewer pretreatment ordinance. Then due to the late hour, the review was deferred to a future date. 4. OPEN DISCUSSION FOR THE GOOD OF THE ORDER None 5. CONSENT AGENDA Assistant Mayor Buchanan referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Councilmembers or citizens present. It was the consensus of the Council to remove Item No. 10. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, THAT THE CONSENT AGENDA, AS READ, BE PASSED. The motion carried by unanimous roll call vote; Berndt absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 6. PUBLIC HEARING ON 1992 IRRIGATION MAINTENANCE ASSESSMENT ROLL (SEE ORDINANCE CONFIRMING ASSESSMENT ROLL) This being the time set for public hearing, Water and Irrigation Supervisor Wick introduced a video explaining the irrigation system, the rates, and the process and formula by which the rates are assessed. Councilmember Barnett questioned the increases in District 308. Mr. Wick explained 218 APRIL 7, 1992 the increase was based on actual expenses. In previous years the same amount, $10,000, was budgeted for expenses, but did not have to be spent. The Council questioned Mr. Wick concerning previous expenses, Mr. Wick answered that he would get the information prior to the end of the meeting. Assistant Mayor Buchanan opened the hearing to the public. Wendell Bryant, 609 S. 26th Avenue, commented that his lot is mostly cement and he seldom waters his lawn and he objects to the increase. Wiley Mills, 201 Merinda Drive, Selah, stated he owns property on 6th Avenue and stated he never uses water on the property and has never used any, yet his bill is $580 annually. He also complained that he has written letters to the irrigation department asking for explanations and has never received an answer. The Council remarked that he should be receiving an answer from staff. Councilmember Sims asked Mr. Mills for a copy of his letter and assured him that he would see that he receives an answer. Earl Carlsen, 113 Warren Drive, owner of Sommerset West Apartments, 101 S. 8th Avenue, stated he has paid thousands of dollars in irrigation fees even though they never use any water. He asked if in the future some insight could be given to the property owners who do not use any water, with some type of exemption given. Mr. Carlsen complained about the parking spaces in front of his apartment complex being used all day by St. Elizabeth Hospital patrons. He also commented while looking for a parking place at City Hall at 11:00 A.M., he could not find one and finding the City Council's parking spaces empty he used one of them since it was still morning. He came back to his car after 20 minutes and found a $15 ticket, which he objected to since the spaces were not being used by Council at the time. Assistant Mayor Buchanan and Councilmember Beauchamp stated they also received parking tickets. Mr. Wick informed the interested parties that the state law which governs Local Improvement Districts (LID) states the irrigation fee must be paid, whether any water is used or not. Ed Reese, 34th Avenue and Arlington, objected to the high increase in his district. Bill Wolf, 3701 W. Lincoln, District 996, objected to the 60% increase in his bill. Mr. Wick informed him that he belongs 2 219 • APRIL 7, 1992 to a small district and the increased cost of the Yakima Valley Canal Company was the reason for the high increase. In answer to Council's previous question, Mr. Wick stated the cost to date, in prior years, has been mostly for the coalition of attorneys for defending water rights. There being no one else present wishing to speak to the issue, Assistant Mayor Buchanan closed the public hearing. It was MOVED BY BARNETT, SECONDED BY BRADO, TO ADJUST THE FOLLOWING DISTRICTS: 601 KEEP AT CURRENT RATE OF .0055; 618 AT .0059; 748 AT .0048 AND 793 AT .0068, TO OFFSET PROJECTED EXPENDITURES. The motion carried by unanimous voice vote; Berndt absent. Ordinance No. 3442 having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO ADOPT THE ORDINANCE. The motion carried by unanimous roll call vote; Berndt absent. ORDINANCE NO. 3442, AN ORDINANCE confirming the irrigation maintenance assessment roll of the City of Yakima for the calendar year 1992 and levying irrigation maintenance assessments according to such roll. Office Engineer Rita Germunson was commended for her work with the LID's and irrigation maintenance assessment rolls. She was given flowers in a pot made from irrigation pipe, as a token of appreciation. City Manager Zais announced that Mrs. Germunson would be retiring from her position with the City, as of May 1st. She thanked the City and expressed her appreciation for the 28 years she has worked for the City. 7. PUBLIC MEETING ON UNION GOSPEL MISSION'S APPEAL OF HEARING EXAMINER DECISION REGARDING INTERPRETATION OF CODE This being the time set for the public meeting, Planning Associate Davenport presented background information and explained the appeal of the use interpretation. The hearing examiner conducted a public hearing and reclassified Union Gospel Mission from a Class 1 use to a Class 2 use. It was reclassified as a mission rather than as a community center. Ms. Davenport stressed that this was not a site specific issue and asked participants to please refrain from discussing sites. Councilmember Brado asked to be excused from the hearing as he is an adjacent property owner to one of the proposed sites. Councilmember Barnett stated he has heard a large number of comments concerning possible sites for the Mission and opinions. He also stated' he had one phone call stating there could be a possible discriminatory remark from the hearing examiner's opinion concerning a 3 220 APRIL 7, 1992 remark about a particular class or status of people. Following staff and Council discussion, Assistant Mayor Buchanan opened the public meeting for public comment. James Carmody, attorney for Union Gospel Mission, discussed the Mission's purpose and declared that they have been in the I/ City for 56 years and have always been classified as a community center with a Class 1 rating. He stated that perceptions of people the Mission serves and rumors about the relocation efforts have no place in land -use decisions. He feels these were a part of the hearing examiner's reasoning for changing the class use. He stated that the Mission gives haircuts, lodging, footcare, dental care, housing, food, clothing and counseling. All of these services are offered by others in the business district and they are considered Class 1. He urged the Council to only consider the interpretation of the existing ordinance, which has always considered the facility as a community center, as a Class 1 use. He quoted Planning Manager Skone's testimony on the Mission being classified a community center. His legal opinion is that a precedent has been set and the Mission qualifies in all aspects and definitions as a community center, therefore it is unfair to reclassify it in "midstream" when it is in the process of trying to find a new location. He stated that Yakima County gave the Union Gospel Mission the same zoning for the Zigler Building, with it being interpreted as a community center, which shows a history. Property owners are entitled to consistent application of its laws. He reminded the Council that they are the legislative body and their duty is to support the ordinance and follow prior interpretation. Mr. Carmody had representatives of the business community present, including citizens which are now and have been neighbors of the Mission. These citizens were all supportive of the Mission as good neighbors and willing to speak for the Mission. However, in the interest of time, Mr. Carmody did not ask them to speak. He reminded the Council that taverns and bars, with possible drug dealings going on, are considered a Class 1 review. He feels this has been made into an economic status and poverty issue and that a decision should not be made based upon the economic status of the clientele, but based on the land use only. He urged the Council to look at comparable uses and base their decision on this and not on "societal perception ". Roger Phillips, Director of the Union Gospel Mission, gave an impassioned plea for the Union Gospel Mission. He has been with the Mission for 24 years. Mr. Phillips encouraged the 4 221 APRIL- 7, 1992,. Council to visit the Mission and judge for themselves the climate of the facility. He asked the Council not to judge the Mission by preconceived notions from television shows or other gossip. He discussed the purpose of the Mission and reiterated the benefits to the City to have such a facility to aid the needy citizens. There are many families in the Yakima area who are helped by this agency. He mentioned the behavior of people in public places who use alcohol and the effect on their behavior. This behavior does not happen at the Mission; no alcohol or drugs are allowed. The Mission receives no money from the City or State; they are supported by public donations. He asked the Council to keep the Class 1 classification. In answer to Councilmembers' questions, his reason for not wanting it changed to a Class 2 is because of unfavorable comments made by prospective neighbors of the Mission, while they are looking for a new home. He feels these comments are made because of a lack of knowledge, not from legitimate concerns. He stressed the favorable reaction they received from all their adjoining neighbors at the Mission's previous location. Ron Whitaker, an attorney representing Mr. Pucinelli of Mel's Diner, spoke in favor of the Mission being classified as Class 2, rather than Class 1. He stated the hearing examiner's decision should be adhered to. His reasoning was that neighbors of any prospective business should be allowed to receive notice andhave their opinions considered. He said if the Mission has a Class 2 review and feels it is unfair they have the right to come back for an appeal. He does not agree with the classification of the Mission as a community center. Mr. Whitaker stated the decision should be based totally on the definition of "community center ". John Pucinelli, owner of Mel's Diner, spoke in favor of the Mission being classified as Class 2, rather than Class 1. He stated his concern was for the effect on his business with Union Gospel Mission as an adjoining business. He commented that the Mission could also be classified as a halfway house, which is a Class 3. He discussed the. "profile" of a business and their customers. Mr. Pucinelli stated a Mr. Sims had contacted him by letter and suggested a coalition of businessmen, the City Planning Department and Union Gospel Mission sit down together and try to work out a solution as to a site. Councilmember Sims wished to clarify that the Mr. Sims which Mr. Pucinelli was referring to was not himself. 5 222 APRIL 7, 1992 Mitch Van Wormer, 4910 Richey Road, operator of Red Lion Inn of 818 N. 1st Street, spoke asking the Council to uphold the hearing examiner's recommendation for the Class 2 review. Tai Yum, owner of Palomino Motel, 1223 N. 1st St., spoke supporting the Class 2 review and stated neighbors need to be I/ notified of new businesses. Clarence Marshall, 4902 Castleview Drive, owner of Big Valley Motel, stated he has been in Yakima since 1946. He expressed his concern over the issue and the pedestrian traffic on N. 1st Street and asked for the Mission to remain a Class 2. Jim Statler, 1315 N. 1st Street, owner of Twin Bridges Inn, was concerned with the "sit- down" traffic that is generated from the Mission and objects to it being in the North First Street business district. He feels this will affect the Convention business. Jack Dillavou, Manager of Colonial Inn, stated he feels the public needs to be able to have an input on the businesses locating in the City. He also stated his concern for the tourist's view of Yakima. Jerry Foy, 6 N. 41st Avenue, stated he felt the issue was concerning citizens' rights to be able to help decide an issue. He asked the Council to support the hearing examiner's decision. Ron Spratt, 303 N. 1st Street, stated he and his family have lived in that area since 1948. He feels the adjoining neighbors should be notified when any building is done. James Carmody, attorney for Union Gospel Mission, spoke again in rebuttal. He stated the comments given were "characterization of the profile of the user." He feels these feelings should be inadmissible as evidence against the zoning. He stated "client profile" should not be a consideration. His reasoning is that motels and taverns should also be a Class 2 review if these arguments are used as reasons. He feels it is unfair to change the standards after 56 years. He feels the ordinance must be construed the way it is, otherwise the ordinance would have to reevaluated. Judy Dillavou, Colonial Motor Inn, 1405 N. 1st Street, spoke in favor of the City Council abiding by the hearing examiner's decision. 6 223 APRIL 7, 1992 Following further discussion, Assistant Mayor Buchanan closed the public meeting. I/ At 4:50 P.M., it was MOVED BY SEMON, SECONDED BY BEAUCHAMP, TO ADJOURN TO EXECUTIVE SESSION FOR A BRIEF DISCUSSION REGARDING THE ISSUE. The motion carried by unanimous voice vote; Berndt and Brado absent. Council reconvened at 5:17 P.M. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO DEFER A DECISION FOR 45 DAYS TO ALLOW TIME TO OBTAIN INFORMATION CONCERNING IMPACT ON OTHER AGENCIES AND ENTITIES WHICH WOULD BE CLASSIFIED UNDER THE TITLE: MISSION OR COMMUNITY CENTER. The motion carried by unanimous voice vote; Berndt and Brado absent. The staff was asked to bring back the requested material to the Council within 45 days. 8. AUDIENCE PARTICIPATION None *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PERSONAL SERVICES CONTRACT WITH A PHYSICIAN ADVISOR FOR THE YAKIMA FIRE DEPARTMENT DEFIBRILLATION PROGRAM RESOLUTION NO. D -6088, A RESOLUTION authorizing and directing the City Manager to contract for professional services with James Perez, M.D., as Physician Advisor for the Yakima Fire Department defibrillation program. 10. CONSIDERATION OF RESOLUTIONS AUTHORIZING SUBMITTAL OF APPLICATIONS FOR YAKIMA INDUSTRIAL PARK FINANCING TO: A. THE FEDERAL ECONOMIC DEVELOPMENT ASSOCIATION Councilmember Brado questioned Community and Economic Development Director Rice about the application for the Yakima Industrial Park. Mr. Rice explained how the money was being financed. Councilmember Brado expressed concern over taxpayer money being used to subsidize private development. Councilmember Sims commented he feels this is also his money, as a taxpayer, which is coming back into the Yakima community as an improvement. Councilmember Beauchamp expressed his opinion that this industrial park would attract other industries. City Manager Zais informed the Council that the staff would like to consider hiring Fred Stouder, on an hourly basis, to assist in finalizing this project. This proposal will be discussed in more detail in the future. 7 224 APRIL 7, 1992 Resolution No. D -6089 having been read by title, it was MOVED BY BARNETT, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by 5 -1 roll call vote; Brado voting nay; Berndt absent. RESOLUTION NO. D -6089, A RESOLUTION authorizing execution of I/ a grant agreement with the U.S. Department of Commerce, Economic Development Administration in connection with the Yakima Industrial Park located from 6th to 16th Avenue and River Road, and Highway 12. B. STATE OF WASHINGTON PUBLIC WORKS TRUST FUND Resolution No. D -6090 having been read by title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION. The motion carried by 5 -1 roll call vote; Brado voting nay; Berndt absent. RESOLUTION NO. D -6090, A RESOLUTION authorizing the submission of a loan application from the City of Yakima, Washington, in partnership with the Yakima County Development Association, to the State of Washington, Public Works Trust Fund as part of the "Timber CERB /PWTF Program." *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH GRAY & OSBORNE, INC. FOR INDUSTRIAL WASTE FLOW METERS RESOLUTION NO. D -6091, A RESOLUTION authorizing the execution of an agreement for professional services with Gray and Osborne, Inc. to design and contract industrial flow meters. *12. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF LICENSES FOR SUBLEASING OF STATE PROPERTY FOR BEE STORAGE AND CATTLE GRAZING: A. BRESHEAR'S BEES RESOLUTION NO. D -6092, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a license to use the IWS buffer zone to Breshear's Bees for agricultural purposes. B. C & G CATTLE COMPANY RESOLUTION NO. D -6093, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a license to use the IWS buffer zone to C & G Cattle Company for grazing purposes. 8 2 2 5 .APRIL 7, 1992 *13. CONSIDERATION OF ORDINANCE AUTHORIZING ASSIGNMENT OF REFUSE FRANCHISE FROM YAKIMA VALLEY DISPOSAL TO YAKIMA WASTE SYSTEMS, INC. ORDINANCE NO. 3445, AN ORDINANCE authorizing the assignment of a franchise to collect and dispose of garbage and refuse on certain public streets in the City of Yakima from Yakima Valley Disposal, Inc., to Yakima Waste Systems, Inc. *14. SECOND READING OF ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR SETTLEMENT COSTS FOR AFSCME CONTRACT An Ordinance amending the 1992 budget and appropriating funds for settlement costs for the AFSCME contract, having been read by title only at the March 24, 1992 meeting, was brought before the Council for a second reading. ORDINANCE NO. 3446, AN ORDINANCE amending the 1992 budget for the City of Yakima; making appropriations to provide for AFSCME Labor Settlement costs from Unappropriated Fund Balances within various Funds for expenditure during 1992. *15. FIRST READING OF ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS SOFTBALL FENCE IMPROVEMENTS (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the- -1992- budget and appropriating funds for softball fence improvements, having been read by title only, was laid on the table for one week, until April 14, 1992. 16. OTHER BUSINESS Councilmember Beauchamp asked staff to check a poorly completed street patch at 604 S. 6th Street. Councilmember Brado thanked staff for taking care of the street problem on N. 15th Avenue. City Manager Zais referred a letter from Yakima County Fire District Association concerning mutual aid agreements and issues to the Council Public Safety Committee for action. Assistant Mayor Buchanan suggested Debbie Moore call the members of the safety committee and set up a meeting at the first opportunity. 9 226 APRIL 7, 1992 Information Items: Items of information supplied to Council were: Memorandum from Director of Public Works, Refuse /Recycling Division, and Transit Division regarding Transit /Refuse Opinion Survey. 4/2/92; Public Service Announcement regarding 1992 Spring I/ Clean -Up Program and 1992 Spring Rally Day. 3/31/92; Letter from Dr. Richard D. Roux expressing support of downtown trolleys. 3/11/92; Letter from Northwest Chicano Radio Network General Manager regarding funding from the National Crime Prevention Council for the development of a Neighborhood Association for Hispanics; Letter from CH2M Hill regarding Yakima Ave /I -82 Interchange and Fair Avenue, February 1992 Progress Report. 3/24/92; Memorandum from Water & Irrigation Superintendent regarding Irrigation Leak on Jerome Avenue. 4/1/92; Memorandum from Fred Stouder and Wastewater Superintendent regarding Hops Extract /Department of Ecology. 3/30/92; Monthly Annexation Status Report for February 1992; Rebound Plus Property Status Report for March 1992; Status Report for Amendments to Urban Area Zoning Ordinance. 4/7/92; Assignments Pending in Office of Environmental Planning as of March 31, 1992; Monthly Report of Chief of Police for February 1992; Agenda for April 2, 1992 Civil Service Commission and minutes of its March 5, 1992 and April 29, 1991 meetings; Agenda for March 26, 1992 Yakima Air Terminal Board and minutes of its February 27 and March 13, 1992 meetings; Minutes of the January 22, 1992 Yakima Housing Authority meeting; and Article from 2/25/92 Wallstreet Journal, "Change Climate: California, the Place Long in the Sun, now is Clouded by Doubts." 17. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING, PENDING LITIGATION AND PROPERTY ACQUISITION It was MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO ADJOURN TO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING COLLECTIVE BARGAINING, PENDING LITIGATION AND PROPERTY ACQUISITION, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO APRIL 14, 1992 AT 7 :00 A.M. AT THE YAKIMA CENTER. The motion carried by unanimous voice vote; Berndt absent. 10 2 2 7 ,44*, APRIL 7, 1992 18. ADJOURNMENT TO APRIL 14, 1992 AT 7:00 A.M. AT THE YAKIMA CENTER FOR INFORMAL DISCUSSION Following the conclusion of the Executive Session, the meeting was adjourned at 6:15 P.M. Aar ,..? READ AND CERTIFIED ACCURATE BY: M 3 ,A(// -, 5 - __ (cie OrtslINC EMBER D TE \ 1 %. 1 ev 7 f7-- 4 ti/ Im EMBER DATE ATTEST: 2 CITY CLERK / MAYOR Minutes prepared by Clerk Harris 11 11