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HomeMy WebLinkAbout10/17/1989 Business Meeting OCTOBER 17, 1989 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, Lynn Carmichael, Jerry Foy and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Toney also present. 2. INVOCATION The Invocation was given by Mayor Berndt. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Parks Manager Flaherty introduced the new Parks Operation Supervisor, John Marsh, formerly with the City of Richland, Washington. 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. It was the consensus of the Council that Items Nos. 8, 10 and 11 be added, and Items Nos. 13. and 16 be removed from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY CARMICHAEL, THAT THE CONSENT AGENDA, AS READ, BE PASSED. The motion carried by unanimous roll call 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 COUNCIL MEETING OF SEPTEMBER 26, 1989 The Council minutes of September 26, 1989 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 Saturday, October 21, 1989 as the 7th Annual Operation Harvest in the City of Yakima. The proclamation was accepted by Don McNeice who encouraged everyone to participate in this opportunity to help stock the shelves of the local food banks throughout the City. Charles Kriz, 5708 Bitterroot Lane, asked if the increase in refuse fees is going to apply to bin service. Mr. Zais stated the the details of the increase in refuse rates will be provided in the Preliminary Budget Review next week. Mr. Kriz asked if the • Coaliton for the War on Drugs will receive $65,000 again next year. .Mayor Berndt explained that the City paid 1/3 of the $65,000, with the School District and the County paying the same amount. She added that the City's portion of the 1990 budget will be approximately $17,000. Mr. Kriz stated he would prefer the money be given to law enforcement or applied to the Police and Fire Pension Funds. 7. PUBLIC HEARING ON HILLTOP ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY) This being the time set for the public hearing on the Hilltop Annexation, Associate Planner John Elsden summarized the information provided on the agenda cover sheet, reporting that the total assessed land value of the annexation area is $2,482,500 and the City has received signatures from the property owners AAD /1 a qs OCTOBER 17, 1989 totaling 78.18% of the assessed value involved in this annexation. He stated the zoning will remain the same and property taxes will be payable to the County until 1991. Mayor Berndt opened the public hearing for testimony, however, no one was present to speak in favor or against the annexation. The public hearing having been closed, it was MOVED BY FOY, SECONDED BY BUCHANAN, THAT THE ORDINANCE BE READ AND PLACED BEFORE THE COUNCIL FOR PASSAGE. Ordinance No. 3212 having been read by title, the question was called. for a vote on the motion. The motion carried by unanimous voice vote. ORDINANCE NO. 3212, AN ORDINANCE annexing property to the City of Yakima and zoning said property. *8. REPORT FROM DEPARTMENT OF ECOLOGY AND CITY CODE ADMINISTRATION REGARDING HAZARDOUS MATERIAL STORED AT FORMER WOODS INDUSTRIES PROPERTY ON NORTH FIRST AVENUE The report submitted by the Director of Community and Economic Development Rice, regarding the hazardous material stored at former Woods Industries property, was placed on the Consent Agenda and accepted as submitted. 9. RECONSIDERATION OF PROPOSED SUMMITVIEW LAND USE SUB -AREA PLAN REQUEST BY COUNCIL (SEE PLANNING STAFF REPORT) Assistant City Manager Stouder, reviewed the information presented on the agenda cover sheet. Mr. Stouder reminded Council that the Hearing Examiner denied the rezone request by Cline /Ormbeck at 5405 Summitview Avenue, and the Council voted 2 -2 on the issue, therefore, the Hearing Examiner's decision for denial was upheld. Mr. Stouder stated during the discussion of the issue Council directed staff to expedite a review of the land use in that area along Summitview and present it to Council for consideration as soon as possible. Mr. Stouder stated the request before Council today is just one of many emerging land use issues facing the City. He said the Urban Area Plan was adopted in 1976 while the • Land Use Plan was adopted in 1979 and not many changes have taken place in the development of the City of Yakima within the past ten years. Mr. Stouder stated currently there are many economic developments taking place within the City and staff believes the time has come to re- evaluate the Land Use and Urban Area Plans. He stated the question facing the City and County is to what degree do we want to influence those changes to ensure that economic development occurs as well as economic growth. Mr. Stouder stated the need to review these plans will be presented as a part of the 1990 Budget Policy Issues. He indicated it is difficult to address rezone requests such as the Cline /Ormbeck one presented August 15, 1989, prior to a review of the entire Urban Area Plan and Land Use Plan. Council member Foy stated he and Council member Carmichael serve on the Joint Urban Area Planning Board which reconunended that the Downtown Plan be referred back to City and County staff to review the Urban Area Plan and bring back in 30 days for consideration. Council member Foy asked if Council supports the staff recommendation today (not' to take any action on the Summitview Plan) will Council be in 'a to consider requests on a case by case basis, such as the one that will be presented next week by Richard Homer for 50th and Summitview? Mr. Stouder stated the memorandum from staff regarding issues of this nature suggests that Council not process any more rezones until the larger Urban. Area Land Use. questions have been reviewed. He stated he believes the requests can be dealt with on a case by case basis. Council member Carmichael emphasized that we are not talking about the need to address the entire plan but there are certain areas that need to be reviewed and updated. She stated this review will not be as extensive as the one that occurred nine to ten years ago, however, there are several areas in need of review. Following further it was MOVED BY CARMICHAEL, _ SECONDED BY SIMS, TO ENDORSE THE STAFF RECOMMENDATION NOT TO CONDUCT THE SUB -AREA PLAN AT THIS TIME, BUT IN FAVOR OF.THE BROADER REVIEW THAT IS PLANNED FOR THE URBAN AREA PLAN. The motion carried by unanimous voice vote. AAD /2 OCTOBER 17, 1989 * 10. REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REGARDING COOKE CABLE - TELE- COMMUNICATIONS, INC. FRANCHISE TRANSFER The report submitted' by Director of Community and Economic Development - Rice and Cable Communications Coordinator Warren regarding the Cooke Cable - Tele- Communications, Inc. Franchise Transfer was placed on the Consent Agenda and accepted as submitted. • *11. REPORT FROM PARKS AND RECREATION DIVISION REGARDING RELOCATION OF MILITARY TANK FROM ELKS PARK TO TAHOMA CEMETERY The report submitted by Public Works Director Copeland and Parks and Recreation Manager Flaherty regarding the relocation of the • military tank from Elks Park to Tahoma Cemetery was placed on the • Consent Agenda and accepted as submitted. *12. CONSIDERATION OF RESOLUTION AUTHORIZING RENEWAL OF AGREEMENT WITH DON GRISWOLD FOR THE DISPOSITION OF WASTEWATER SLUDGE RESOLUTION D -5647, A RESOLUTION authorizing the execution of a contract with Donald E. Griswold and Grace E. Griswold for disposal of Wastewater Treatment Plant sludge. 13. APPROVAL OF RIGHT -OF -WAY USE PERMIT REQUESTED BY FEMINIST WOMEN'S HEALTH CENTER Council member Barnett expressed concern that if a fence is erected next to the curb line along the property of East "D" Street, and cars parked next to the curb, the passengers will have to get out of their vehicles into the street and then walk in the street to get to the entrance of the facility. He stated in the interest of safety, he would like to suggest the fence be inset between the curb line and the building. Council member Foy recommended that a five feet setback be required to eliminate the loading and unloading of passengers into the lane of traffic. Code Manager Shampine agreed that this is a valid concern, however, the request submitted by the applicant did not address that and was submitted as received by the Permit Center, and now Council must make a decision on the request. Beverly Whipple, Director of the Feminist Women's Health Center, indicated the purpose of the fence is to maintain improvements made to the lawn area, and to provide a buffer zone to help deter potential conflicts that occur between anti - abortionist picketers and clients coming into the clinic. Council member Foy reiterated his concern about clients exiting into the lane of traffic, adding that the fence line should be set back on the property so that does not occur. Diana G. Parker, 3481 Birchfield Road, Moxee, Washington, stated if Council and Mrs. Whipple are in agreement there is no need for her to comment further. Shar Schimmels, 110 Park Avenue, stated she has the same concerns mentioned by Council member Foy about the safety of clients and pedestrians. She asked if five feet is a normal width for a sidewalk and Mr. Foy indicated he had spoken with Code Manager Shampine and was informed that five feet is c o nsidered an adequate width. Code Manager Shampine pointed out that a right -of -way permit is renewable on an annual basis, and may be revoked at any time by the Council if a concern arises. Following further comments, it was MOVED BY BARNETT, SECONDED BY.BUCHANAN, THAT THE RIGHT- OF USE PERMIT BE APPROVED. SUBJECT FIVE.,. FEET. SETBACK._. The motion . carried , ` by ' unanimous 'voice vote. . . AAD /3 aq7 OCTOBER 1-7, 1989 • *14. APPROVAL OF THIRD QUARTER 1989 BUDGETREPORT (ACCEPT REPORT FOR FILING ) The Third Quarter 1989 Budget Report was accepted for filing. * 15. APPROVAL OF MONTHLY MOTOR VEHICLE ACCIDENT REPORT The monthly motor vehicle accident report for August and September 1989 was accepted. 16. CONSIDERATION OF AN ORDINANCE RELATING TO DEMOLITION OF BUILDINGS AND REQUIREMENTS FOR FILLING EXCAVATIONS Council member Barnett commented that he had removed this item from the Consent Agenda because he would like to amend the ordinance to allow a reasonable time for the fill to be done. He referred to the paragraph preceding Section 2, after the word "official," stating he would like the ordinance to read ... "within 90 days after completion, unless extended by the building official for a reasonable cause." Council member Beauchamp asked if this ordinance could address the burned out shells or structures that exist in the community. Mr. Shampine stated this ordinance only covers demolitions and does not address burned out structures, adding that that concern will have to be addressed elsewhere. Ordinance No. 3213 having been read by title, it was ..MOVED BY CARMICHAEL, SECONDED BY,BUCHANAN,. THAT'THE ORDINANCE BE PASSED. It was MOVED. BY BARNETT, SECONDED BY BUCHANAN,,TO..AMEND THE MOTION _BY ADDING .AFTER THE :WORD OFFICIAL .IN ..THE_ PARAGRAPH PRECEDING. SECTION 2',. "WITHIN 90 DAYS AFTER .COMPLETION, UNLESS EXTENDED BY THE BUILDING OFFICIAL FOR REASONABLE CAUSE." The amendment carried by unanimous voice. .vote.. .The question was called for a vote on the motion as amended. The motion carried by unanimous roll call vote. Mayor•Berndt asked`if the City has a mechanism in place requiring 'a business that relocates, or '`goes out -=of '-business;• to remove their business signs.. Mr. Shampine stated the signs are to be removed within 30 days by the business owner, and if that is not done, the property owner is to remove the signs within 60 days. He said these are handled on a complaint basis due to the lack of personnel to devote to this issue. Council member Foy complimented staff on the expeditious manner in which this request' was handled. He then asked City Attorney Vanek to provide an interpretation of Ordinance 1126 that was requested three months ago. City Attorney Vanek stated that is in draft form and will be presented 'to Council in the near future. ORDINANCE NO. 3213, AN ORDINANCE relating to building and enacting Section 11.04.065 as a new section of the City of Yakima Municipal Code. *17. CONSIDERATION OF AN ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR POLICE DEPARTMENT ADMINISTRATIVE ASSISTANT ORDINANCE NO. 3214, AN ORDINANCE relating. to City personnel; adopting a classification and:compensation plan for - City employees to be effective November 19, 1989; 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. • Ill *18. CONSIDERATION OF LEGISLATION RELATING TO COMPUTER HARDWARE AND NETWORKING.UPGRADE: A. RESOLUTION AUTHORIZING PURCHASE OF COMPUTER HARDWARE AS A SINGLE SOURCE ITEM RESOLUTION NO. D -5648, A RESOLUTION authorizing the, purchase of a Prime Computer Inc. 4050 Computer System and associated peripheral and communications equipment and software without calling for bids. AAD /4 )-q8 ' OCTOBER 17, 1989 B. FIRST READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR COMPUTER HARDWARE (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1989 Budget and appropriating funds for computer hardware having been read by title only, was laid on the table for one week, until October 24, 1989. • * 19. FIRST READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FRS FUNDS FOR AIRPORT PROPERTY APPRAISAL (NO FORMAL ACTION REQUIRED THIS MEETING) III An •Ordinance amending the 1989 Budget and appropriating Federal Revenue Sharing funds for Airport property appraisals, having been read by title only, was laid on the table for one week, until October 24, 1989. * 20. FIRST READING OF AN ORDINANCE AMENDING THE 1989 PARKS CAPITAL FUND AND APPROPRIATING FUNDS FOR ADDITIONAL BOND PROJECTS FUNDED BY INTEREST DOLLARS (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1989 Parks Capital Fund and appropriating funds for additional Bond projects funded by interest dollars, having been read by title only, was laid on the table for one week, until October 24, 1989. 21. OTHER BUSINESS Mayor Berndt thanked Council member .;Sims and SnoKist for the variety ,of apples provided for today's Council meeting EXECUTIVE SESSION/PENDING LITIGATION It was MOVED BY FOY, SECONDED BY BUCHANAN, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY FIFTEEN MINUTES FOR 'THE PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION, AND ADJOURN IMMEDIATELY III THEREAFTER. The motion carried by unanimous voice vote. Information Items: Items • of information supplied to Council were: Narcotics enforcement updates for September and August 1989; Monthly Report of the Chief of Police for September 1989; Letter to Mr. Jewell Morehead regarding Tieton Drive 'Sidewalk Project Construction Permit. 10/11/89; August 1989 Minority Business Enterprise. Report and August 1989 Community Development Block Grant Monthly Report; Agenda for October 11, 1989 Community Programming Advisory Committee meeting and minutes of its September 6, 1989 minutes; Minutes of the September 11, 1989 Parks and Recreation Commission . , meeting; Agenda for October 18, 1989 Regional Planning Commission meeting; and Agenda for October 18, 1989 Hearing Examiner meeting. 22. ADJOURNMENT Following the completion of the Executive S e s s i on, the meeting was adjourned at the hour of 3:05 P.M. / 111 READ AND CERTIFIED ACCURATE BY ■ 1 . i �!l _. , i , /, 4. Z . ' X �'ii CIL D :E' - DATE d ATTEST: /i ' � 7 --? C NCIL M, m. DATE CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Barbara J. Toney, CMC. • AAD /5