HomeMy WebLinkAbout01/09/1990 Business Meeting 38
JANUARY 9, 1990
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, and Skip Semon present
on roll call. Council member Bernard Sims absent and excused.
City Manager Zais, City Attorney Vanek, City Clerk Roberts and
Deputy City Clerk Toney also present.
2. INVOCATION
The Invocation was given by Council member Beauchamp.
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. There were no
requests for any additions or deletions to the Consent Agenda. The
City Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was suggested that Item
No. 13 be placed on the Consent Agenda, however, City Manager Zais
indicated since we have two new Council members, he prefers the
issue remain off consent. It was MOVED BY BEAUCHAMP, SECONDED
BY BUCHANAN, THAT - THE CONSENT AGENDA, AS READ, PASSED. The
motion carried by a unanimous roll call vote; Sims absent.
(Subsequent paragraphs preceded by an asterisk ( *) indicate items
on the Consent Agenda handled under one motion without further
discussion.)
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5. AUDIENCE PARTICIPATION
Linda Rodvold, 821 South 38th Avenue, appealed to the Council.to
permanently close Fisher Park Golf Course because of the
endangerment of citizens from the errant golf balls. She indicated
that the third fairway was declared a .nuisance in court by the
judge, however, the City allowed to-move the tee' area so this
nuisance no longer exists. She indicated moving the tee has not
"'``solved the 'problem grid further appealed to the Council for the
permanent closure of Fisher Park Golf Course. City Attorney Vanek
responded to Mrs. Rodvold's remarks giving brief history of the
golf course. The golf course was built in 1961 and the area around
it was not developed until later, with the exception of a few
houses,' including Mr. & Mrs. Rodvold's house. He indicated there
was a law suit brought against the City last year in Superior
Court. During the course of the trial the tee was moved at such an
angle to prevent golf balls from reaching the Rodvold's property. •
Mr. Vanek stated if a golfer hooks a ball, it can be knocked over a
fence and some trees, onto the Rodvoid's property. The judge ruled
that there had been some negligence in" the design of- the golf
course and ruled against the City in that respect. Insofar as a
nuisance under civil law, or creating a situation that is injurious
to people's life and health, the judge stated with the new
alignment of the tee, this did not constitute a nuisance and he
would not grant an injunction against the City to either close the
course or prohibit play on hole number three. Subsequent to that
time, Mr. & Mrs. Rodvold have requested the Prosecuting Attorney to
file charges against the City of Yakima and were advised that there
are no grounds to file these charges against the City. According
to the law, the golfers hitting the balls, errant or not, are
responsible for any damages caused. Mr. Vanek pointed out that
the third tee off has been moved a second time in an attempt to
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resolve the matter. Additional fencing was also suggested as an
alternative, however, the Rodvolds objected to that idea on the
basis of esthetics. Skip Rodvold, 821 S. 38th Avenue, stated they
received 30 golf balls on their property in a 30 day period. It
was the consensus of the Council to have the Parks and Recreation
Commission investigate the situation and report back to Council as
to a possible solution.
Mayor Berndt presented framed resolutions to Chris Waarvick,
Wastewater Superintendent, and Ty Wick, Water Superintendent, in
appreciation of the time and effort each put forth on the
development of the Comprehensive Water and Sewer Plans.
A. APPEARANCE BY DEPARTMENT OF ECOLOGY REPRESENTATIVE REGARDING
2010 STUDY (APPROXIMATELY TEN MINUTES)
Pam Crocker - Davis, representative of the Department of Ecology,
addressed Council regarding the public meetings that will be held
in Yakima tonight about "Environment 2010." She indicated this
project started about a year- and -a -half ago by 16 different State
agencies. Three major issues have been identified for the State
to address; 1) determine the status of the State's resources and
environment, 2) plan for the future rather than manage on a crisis
basis, and 3) to bring together diverse interest groups to discuss
the information gathered and build an action plan for the next
century with total involvement of the public. Ms. Crocker -Davis
stated a steering committee was set up to address these issues
comprised of agency directors from 16 State agencies. She
indicated a summit meeting was held in November in Seattle and
a public meeting will be held this evening at 7:00 P.M. at the
Extension Building. Ms. Crocker -Davis stated they are conducting
public meetings to obtain input from the public prior to the
drafting of the plan.
6. CONSIDERATION OF RESOLUTION SUPPORTING THE RE- REGULATION OF THE
CABLE TV INDUSTRY (SEE REPORT)
Cable Communications Coordinator Warren stated this is a report
regarding proposed re- regulation of the Cable TV industry by
the Congress of the United States. She indicated staff is
proposing a modification to the suggested resolution prepared by
the National League of Cities. Following a brief discussion and
Resolution No. D -5668 having been read by title, it was MOVED BY
BUCHANAN.,. SECONDED ``BY BEAUCHAMP ' TO ' ADOPT'TBE ' RESOLUTION. It was
MOVED BY : BARNETr SECONDED ; BYri' BEAUCHAMP "TO:: AMEND:. `.THE WORDING
FOLLO'WING THE" SECOND `:'.WHEREASELETE`" '"AMOUNTING T O,'`MONOPOLIES."
The question was called : for a ` vote ' ,on: the proposed amendment. The
motion failed by a 3 -3 voice vote; Berndt, Buchanan and Pechtel
voting. nay; Sims absent. The .question was called forf.a vote on
•the.main.motion.. The motion carried,.by a unanimous roll Call vote;
Sims absent. Council member Barnett asked that the minutes reflect
his rationale on wanting to delete term "amounting to monopolies."
He said he feels if a monopoly does in fact exist, there should
have been some anti -trust initiated by some agency. Regarding the
second term, "increasingly becoming the main means of access to
information and entertainment ", he stated he is not satisfied that
that is a matter of fact, however, he does believe in the overall
intent of the motion.
RESOLUTION" NO. D A RESOLUTION urging the Congress of the
United States to revise the Cable Communications Policy Act of
1984, and expressing general concern about the need for greater
local government regulatory authority.
*7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH
STATE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR FIRE PROTECTION FOR
STATE OF WASHINGTON FACILITIES WITHIN CITY LIMITS
RESOLUTION NO. D -5669, A RESOLUTION authorizing the execution of an
agreement with the State of Washington, Planning and Community
Affairs Agency, for fire protection services to State facilities.
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*8. CONSIDERATION OF RESOLUTION AUTHORIZING,EXECUTION OF. SUPPLEMENTAL
AGREEMENT FOR PARTIAL REIMBURSEMENT OF COSTS FOR IMPROVEMENTS AT
1ST STREET AND "I" STREET
RESOLUTION_:NO. D =5670, A RESOLUTION. authorizing and directing the
City Manager and City Clerk of the City of Yakima to execute
agreements with the State of Washington, Department of
Transportation for partial reimbursement of costs for improvements
to the North First Street and "I" Street.
*9. CONSIDERATION OF JOINT RESOLUTION WITH YAKIMA COUNTY APPOINTING
SHEILA TREAT AS TREASURER FOR THE YAKIMA AIR TERMINAL
RESOLUTION":`NO. - "D 5671, A RESOLUTION by the'Yakima City Council and
the Yakima County Commissioners appointing Sheila Treat, Treasurer
to the Yakima Air Terminal Board.
*10. CONSIDERATION OF RESOLUTIONS SETTING DATE OF HEARINGS FOR FEBRUARY
7, 1990 BEFORE THE HEARING EXAMINER ON STREET VACATIONS REQUESTED
BY YAKIMA SCHOOL DISTRICT NO. 7 FOR:
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A. ADAMS SCHOOL, SOUTH 8TH STREET, BETWEEN RACE AND ADAMS STREETS
RESOLUTION NO. D -5672, A RESOLUTION fixing a time for public
hearing on Petition to vacate South 8th Street, between Race and
Adams Streets, in the vicinity of Adams Elementary School.
The date of hearing before the Hearings Examiner was set for
February 7, 1990.
B. ROOSEVELT SCHOOL, NORTH 17TH AVENUE, SOUTH OF SUMMITVIEW
AVENUE
RESOLUTION' NO. D -5673, A RESOLUTION fixing a time for public
hearing on Petition to vacate North 17th Avenue, south of
Summitview Avenue in the vicinity of Roosevelt Elementary School.
The date of hearing before the Hearings Examiner was set for
February 7, 1990.
*11. SET DATE OF PUBLIC MEETING FOR JANUARY 16, 1990 ON THE APPEAL OF
THE HEARING EXAMINER'S DECISION PERTAINING TO THE REQUEST BY HAROLD
LARSON FOR A HOME OCCUPATION PERMIT FOR A BARBER SHOP AT 5606 HAVEN
WAY
January 16, 1990'was set as the date of public meeting on the
appeal of the Hearing Examiner's decision pertaining to the request
by Harold Larson for a home occupation permit fora barber shop at
5606 Haven Way.
*12. APPROVAL OF OUT-OF -STATE TRAVEL FOR VERN,BARNES AND JAMES BOND,
PUBLIC WORKS DEPARTMENT, TO EUGENE, OREGON
The Out -of -State travel for Vern Barnes and James Bond,. Public
Works Department, to Eugene, Oregon for the purpose of testing
manufactured equipment for a paint striping machine and its return
to Yakima, January. 9 and 10, 1990, at a cost of $100.00 each, was
approved.
13. CONSIDERATION OF AN ORDINANCE REZONING PROPERTY AT "I" STREET
AND NORTH FIRST STREET, AS REQUESTED BY MARVIN SWAINSON
Mayor Berndt stated this item was left off the .Consent Agenda
because there are two'new Council members. Council members Pechtel
and Semon indicated during the discussion of Item .No. 4 that they
both are familiar with the matters of record regarding this request
and feel comfortable voting on the issue. Mayor Berndt asked if
there were any questions of staff. There being none, and
Ordinance No 3232 having been read by title, it was MOVED BY
BEAUCHAMP', - SECONDED - BY` PECHTEL, THAT ' THE ° ORDINANCE . BE PASSED. The
motion carried by a unanimous roll call vote; Sims absent.
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ORDINANCE NO 1231, AN 'ORDINANCE affirming the Hearing Examiner's
recommendation to rezone property south of East "I" Street between
North First and Second Streets, and amending the zoning map of the
City of Yakima.
*14. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND
APPROPRIATING FUNDS FOR TOURIST PROMOTION
An Ordinance amending the 1989 Budget and appropriating funds for
tourist promotion, having been read by title only at the
December 19, 1989 meeting, was brought before the Council for a
second reading.
ORDINANCE` -N0.' 3232,` :AN 'ORDINANCE amending -tthe .1989 budget for the •
City of Yakima; and making an appropriation of $7,540 in the
Tourist Promotion Fund for expenditure during 1989 for additional
expenditures incurred due to increased event usage of the
Convention Center.
15. OTHER BUSINESS
A brief discussion insued about the possibility of beginning next
week's Council meeting at 2:30 P.M. rather than 2:00 P.M. Council
members will be attending the SunDome luncheon and it'was felt that
due to heavy traffic congestion following that event, Council
members might need a few additional minutes to get through the
traffic. It was the consensus of the Council to convene next
Tuesday's meeting at 2:30 P.M. City Manager Zais asked the City
Clerk's office to notify those citizens who will be attending the
meeting to address the Harold Larson Home Occupation request about
the time change.
Information Items:
. Items of information supplied to Council were: Letter from
Department of Ecology regarding Federal Wastewater Construction
Grants Program. 12/29/89; Letter from U.S. Department of Housing
and Urban Development regarding Housing Assistance Plan, Annual
Goals. 12/15/89; Memo from Director of Public Works and Traffic
Technician regarding Review of 4th Street and Walnut. 1/4/90;
Memo from City Attorney regarding Damage Claims Referred to
Insurance Company. 1/2/90; Monthly Reports from Personnel
regarding Current Vacancies and Hiring Status for November 1989;
Monthly Report from the Permit Center for December 1989;
Washington State Growth Strategies Commission, Commission Update.
12/89; Minutes of the November 16, 1989 meeting, and November 22
and 30, and December 7 and 14, 1989 continued meetings of the
Yakima Air Terminal Board; Agenda for the January 8, 1990 Parks
and Recreation Commission meeting and minutes of its December 12,
1989 meeting; and Agenda for the January 11, 1990 Civil Service
Commission meeting and minutes of its November 13, 1989 meeting.
Executive Session
City Manager Zais indicated the necessity for a brief Executive
Session following the Council meeting.
Regarding another matter, Mr. Zais stated due to the fact that
Governor Gardner is going to be in Yakima next Tuesday for a 10:00
A.M. meeting with City and County officials, Council should
adjourn today's meeting to that time and date. It was MOVED BY
BUCHANAN,...SECONDED''BY: `BEAUCHAMP. .'TO-°1MOVE;'''INIO: EXECUTIVE SESSION :.
':. FOR THE . PURPOSE ' OFF' DISCUSSING`: COLLECTIVE BARGAINING:, AND;`: PERSONNEL,
WITH: IMMEDIATE ., ADJOURNMEN =` THEREAFT UNTIL . "10'':00 "''NEXT TUESDAY
MORNING...The motion carried by unanimous voice vote; Sims absent.
16. ADJOURNMENT
Following the completion of the Executive Session, the meeting was
'adjourned at the hour of 3:35 P.M.
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JANUARY 9, 1990
READ AND CERTIFIED ACCURATE BY• z
Ci NCIL MEMBER '" DA
ATTEST: Cs ✓ L MEAGER DATE
C?2,,t
. CITY CLERK MAYOR
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Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC.
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