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HomeMy WebLinkAbout01/23/1990 Business Meeting 396 • JANUARY 23, 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, George Pechtel, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, and City Clerk Roberts also present. Council members Henry Beauchamp and Lynn Buchanan absent and excused. 2. INVOCATION None given. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt briefed Council on the Policy Board meeting she attended last Friday, scheduled to determine what is going to happen to the State portion of the money from the Federal Government for the drug efforts. She reported the State will receive about 40% ($2.6 million) and the local governments will receive about 60%. She stated that recommended allocations are: Washington State Patrol - $1 million; Criminal justice drug training - $250,000; Twelve State prosecutors will be hired - Yakima County will get two, and there will be a small sum provided for indigent defense. 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 general consensus that Items Nos. 8 and 11 be removed, and the Off Agenda Item No. 17A be added to 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 PECHTEL, THAT THE CONSENT AGENDA," AS READ, BE PASSED. The motion carried by unanimous roll call vote; Beauchamp and 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 DECEMBER 5 &.9, 1989 COUNCIL MEETINGS The Council minutes of December 5 & 9, 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 Bob Van Dyke, 217 No. 29th Avenue, and Michele Barber, PTA • President of Robertson Elementary School, addressed the Council regarding their concerns with the lack of a controlled school crossing on Lincoln. Mr. Van Dyke pointed out that the enrollment for Robertson Elementary School increased considerably since the closure. of Castlevale School, and the changing of the schools from junior high to a middle school concept has meant that the sixth grade students who normally served as cross guards, are no longer at the elementary school, thus leaving this responsibility to 4th and 5th grade students. Mr. Van Dyke stated the PTA has tried to obtain a grant or trust to "install the traffic signal they are requesting, however, none could be found. He stated the Police Department has been very cooperative in patrolling the area to deter speeders, but, the parents still feel this crossing is a dangerous situation for the students. Ms. Barber submitted 150 letters from students and parents asking for a controlled signal at this school crossing. Council member Pechtel stated he had conversations with the parents in that area and had asked the Traffic Division for information about installing a signal device. He stated the response from the Traffic Division indicates a signal AAD /1 • 39 Y7 JANUARY 23, 1990 would cost approximately $100,000 and is not budgeted. City Manager Zais stated staff is looking into this situation and will need to further pursue it. Charles Kriz, 5708 Bitterroot Lane, expressed his opinion that Judge McDonald made a big mistake in awarding $250,000 as an assessment in a price- fixing trial, to be used for the drug fight, without saying it should all go towards law enforcement. 7. CONSIDERATION OF 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 (CONTINUED FROM 1/16/90 - PLEASE BRING PREVIOUS MATERIAL) Mayor Berndt announced this item is postponed for two weeks until a full Council can be assembled. 8. REPORT FROM DEPARTMENT OF ENGINEERING & UTILITIES REGARDING FOURTH QUARTER 1989 CAPITAL IMPROVEMENTS PROGRAM STATUS ' Phil Pleasant, 701 So. 7th Avenue, addressed the Council with his concerns that the City is not doing enough to encourage the hiring of the black community by contractors used for City projects. He expressed extreme sadness that only 2 black individuals, according to this report, worked 22 days on one project this year. City Manager Zais stated that he and Mr. Pleasant have talked about this issue before and that the intent of these reports is to keep Council apprised about the status of various capital improvement projects. He stated it is clear that the City's contractors are meeting their goals for affirmative action. He further stated that legally, the City can't force the contractors to hire any particular ethnic work force. It was MOVED BY PECHTEL, SECONDED BY SIMS, TO ACCEPT THE REPORT. The motion carried by unanimous voice • vote; Beauchamp and Buchanan absent. *9. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING BEFORE THE HEARING EXAMINER ON FEBRUARY 21, 1990 ON VACATION OF PORTION OF RIGHT -OF -WAY ON N. 48TH AVE. IN VICINITY OF FECTER RD. RESOLUTION NO. D -5675, A RESOLUTION fixing a time for public hearing. of February 21, 1990 before the Hearing Examiner on Petition No. 1094 to vacate an unused portion of the right -of -way of North 48th Avenue. * 10. CONSIDERATION OF RESOLUTIONS APPROVING YAKIMA HOMEOWNERSHIP LOANS: A. FLORENCIO AND RITA L. RODRIGUEZ RESOLUTION NO. D -5676, A RESOLUTION of the Council of the City of .Yakima, Washington, authorizing a loan under the City's Homeownership Program. B. JUSTINO MORENO AND RENE M. MEDINA RESOLUTION NO. D -5677, A RESOLUTION of the Council of the City of Yakima, Washington, authorizing a loan under the City's Homeownership Program. C. GABRIEL AND ISABEL ESPINOSA RESOLUTION NO. D -5678, A RESOLUTION of the Council of the City of Yakima, Washington, authorizing a loan under the City's Homeownership Program. D. STEVEN M. AND LYNN A. CLARK RESOLUTION NO. D -5679, A RESOLUTION of the Council of the City of Yakima, Washington, authorizing a loan under the City's Homeownership Program. E. FLOYD L. AND SANDRA E. ST. CLAIR RESOLUTION NO. D -5680, A RESOLUTION of the Council of the City of Yakima, Washington, authorizing a loan under the City's Homeownership Program. AAD /2 JANUARY 23, 1990 F. JOSEFINA C. PEREZ AND JOSEFINA M. CARDENAS RESOLUTION NO. D -5681, A RESOLUTION•of. the Council of the City of Yakima, Washington, authorizing a loan under the City's Homeownership Program. . G. MANUAL URVINA AND MARIA SANCHEZ ' • ,RESOLUTION NO. D -5682, A RESOLUTION of the Council of the City of Yakima, Washington, authorizing a loan under the City's ' Ill Homeownership Program. 11. APPROVAL OF RIGHT-OF-WAY USE APPLICATION FOR PACIFIC CENTERS FOR PROPERTY AT 2401 WEST NOB HILL Council member Pechtel asked staff if it would have made more sense to sell the right -of -way rather than issue a right -of -way use permit? Bob Shampine, Code Administration Manager, stated it is the applicant's choice to request a permit, rather than offer to purchase the right -of -way. He stated this permit does not grant the applicant an outright use to do anything there; that project is a Class II use and any modification of that site plan has to be reviewed by staff. Rosemary Small, 1006 South 25th Avenue, spoke about her concerns and urged Council not to consider this until more specifics on what is planned are given, i.e.' Will it be paved? Will it be accessed from the existing parking lot? Will parking spaces be of minimum size? How will the stalls be configured - parallel or angled? Will - the developer provide a walkway to the building? Will site screening be provided for the adjacent residences? How will the police be able to survey that area? She stated she has observed more traffic accidents in that vicinity since the Circle K Store was opened than she has in the last six years she lived in that area. She also reported the oil delivery tankers are accessing the property from 24th Avenue and drivers are ignoring the concrete barrier, driving. it to access the property. Mrs. Small also relayed some concerns expressed to her by Larry Mathews including the question of this diminishing the neighbor's privacy, and the fact that this is just an expansion of the convenience store, not a simple request for a right -of -way use permit. Mr. Shampine reiterated that this will not add any more traffic and since it is a Class II use, any modification' to it has to be processed through the Planning Division. He stated that developers don't like to spend thousands of dollars for a site plan unless they know they are going to have use of the property. It was MOVED BY PECHTEL, SECONDED BY SEMON, TO ACCEPT THE REPORT, AS STATED. The motion carried by 4 -1 voice vote; Barnett voting nay; Beauchamp and Buchanan absent. Mayor Berndt requested a report from staff on the traffic accident history at 24th Avenue and Nob Hill Boulevard. Council member Barnett commented that Circle K and the second store there have aggravated the traffic problems in that area. He stated he believes the barrier on 24th Avenue has created more problems than Council tried to prevent. Mayor Berndt agreed that staff should also review the use of the barrier. * 12. APPROVAL OF OUT -OF -STATE TRAVEL FOR: A. DON SKONE, PLANNING DIVISION, TO DALLAS, TEXAS The Out -of -State travel for Don Skone, Planning Division, to attend the Georgia Institute of Technology Workshop on Development Impact Fees, in Dallas, Texas, February 21 -25, 1990, at a cost of $1,445, was approved. B. MIKE NUGENT, FIRE DEPARTMENT; TO EMMITSBURG, MARYLAND The Out -of -State travel for Michael Nugent, Fire Department, to attend the Strategic Analysis of Fire Department Operations class at the National Fire Academy, in Emmitsburg, Maryland, February 18 - March 2, 1990, at a cost of $160.00, was approved. 13. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN (SEE ALTERNATIVE ORDINANCES A AND B) AAD /3 3 9 9 JANUARY 23, 1990 A. COUNCIL APPROVED ALLOCATION OF ASSISTANT WASTEWATER SUPERINTENDENT AT RANGE 21 AND TRANSIT OPERATIONS SUPERVISOR AT RANGE 16.5 B. CIVIL SERVICE COMMISSION RECOMMENDED ALLOCATION OF ASSISTANT WASTEWATER SUPERINTENDENT AT RANGE 20 AND TRANSIT OPERATIONS SUPERVISOR AT RANGE 18.5 Following two failed attempts to pass either ordinance; it was MOVED BY SIMS, SECONDED BY SEMON, TO REDIRECT,AND CHANGE THE PROPOSED ORDINANCE TO READ THAT THE ASSISTANT WASTEWATER SUPERINTENDENT BESET AT 'RANGE 21.0 AND' THE':TRANSIT'OPERATIONS SUPERVISOR AT RANGE 18.5. The motion carried by 4 -1 roll voice vote; Barnett voting nay; Beauchamp and Buchanan absent. City Manager Zais stated staff will bring back an amended "ordinance. *14. REPORT AND CONSIDERATION OF ORDINANCE REGARDING COPY, MACHINE ACQUISITION A. REPORT FROM INFORMATION SYSTEMS DIVISION . The report from Information Systems Division regarding high speed • copy machine acquisition for the Print Shop, was accepted. B. FIRST READING OF AN ORDINANCE APPROPRIATING FUNDS FOR LEASE /PURCHASE OF COPY MACHINE (NO FORMAL ACTION REQUIRED) An Ordinance appropriating funds for the lease /purchase of a high speed copy machine, having been read by title only, was laid on the table for three weeks, until February 13, 1990. *15. CONSIDERATION OF ORDINANCE INCREASING THE PENALTY OF CITY ABATEMENT OF PUBIC NUISANCE UNDER THE HAZARDOUS VEGETATION AND DEBRIS PROGRAM ORDINANCE NO. 3236, AN ORDINANCE relating to fire prevention; requiring property owners to remove growing or dead vegetation and debris which constitutes an existing or potential fire hazard or menace to public health, safety or welfare; providing notice and establishing a procedure for the removal of such vegetation and debris; declaring failure to remove hazardous vegetation a public nuisance subject to abatement and penalty; and amending Section 10.05.100 of the City of Yakima Municipal Code. * 16. CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING TRAVEL AUTHORIZATION FOR CITY EMPLOYEES ORDINANCE NO. 3237, AN ORDINANCE `relating to personnel, abolishing City Council approval for City employee out -of -state travel and amending subsection 2.20.086 B of the City of Yakima Municipal Code. 17. OTHER BUSINESS *A. APPLICATION FOR PERMIT FOR PUBLIC DISPLAY OF FIREWORKS ON JANUARY 27, 1990 AT WESTPARK SHOPPING CENTER This off - agenda item was placed on the Consent Agenda and the permit for the public display of fireworks at Westpark, at 40th Avenue and Summitview, as requested by Jean Sentz to celebrate the Chinese New Year, was approved. Mayor Berndt described the increased graffiti problem she sees, particularly on the U -Haul building on Nob Hill Boulevard and throughout the southeast area of the City. She requested staff to research what other cities, have done to address this problem. City Attorney Vanek cited a couple of alternatives, one of which is a community blight type legislation. City Manager Zais stated that staff will come back to Council with a couple of options. Mayor Berndt cautioned staff that most of the people in the southeast area don't have the resources to take care of the problem. City Manager Zais stated there is legislation pending in Olympia regarding the law and justice issue as it relates to our proposal for City /County law enforcement funds. He stated that Senator AAD /4 JANUARY 23, 1990 LI TY' ID Dan McDonald has introduced a package of $25 million to aid the counties only; none to cities and towns. He stated staff is working on'a letter for the Mayor's signature to express the City's ; concerns about this package. He further stated that Representative Margaret Haugen has introduced a package into the House that addresses local options for cities and counties. He said that he has been invited to testify at a hearing on this tomorrow, and that Council member Pechtel will also attend the hearing. Mr. Zais distributed copies of two fact sheets he proposed to address Representative Haugen's Local Government Fiscal Package. One fact sheet addresses how Representative Haugen's package would impact the City's revenue: 1) 0.5% Local Option Real Estate Tax would raise an additional $343,700, based upon 1989 actual receipts; 2) A special 6 year property tax levy would raise $686,650 for each $.50 levied against current assessable value; and 3) Increase in County and City sales tax equalization payments would have no effect on the City, according to AWC. The second fact sheet suggested • additional revenue enhancements: 1) Targeted Fiscal Assistance for Cities and Counties similar to Federal Revenue Sharing would provide approximately $1 million; 2) 0.3% from the 6.5% State Sales Tax, split 50/50 with Yakima County would generate about $1,076,986 fat' each `entity; 3) Statd'• assumption of existing law and justice system costs; courts, Public Defender programs, probation services, juvenile programs and jail costs would help the County more than the City; and 4) New Local Option Revenue authority - additional 0.5% Sales Tax would provide about $3 million. Following 'discussion regarding Representative Haugen's proposal and the alternatives listed by staff, Council indicated the County would never accept the additional 0.5% sales tax. City Manager Zais stated he would delete that example and just suggest a new local option revenue authority. Council member Barnett suggested someone could contact the legislators through the Chamber of Commerce's Hotline and voice the City's concerns about Senator McDonald's proposed legislation. City Manager Zais reported staff has received some encouraging communications from U. S. Senator Brock Adams regarding the development of our capital facility needs (joint City /County law enforcement facility). He said the Senator has identified Yakima as a high drug trafficking zone to be considered to receive Federal financial assistance. However, he commented we don't know Mr. Bennett's (Director of the Office of National Drug Control Policy) final decision of where Federal assistance against the drug efforts will go. The newspaper indicates Yakima won't be selected to receive any funding, however, Mr. Zais said he thinks Senator Adams is trying to direct money to Yakima. He reported we have been asked to explore the funding options for a joint facility. If we can find a program to allow the Federal Government to fund 60 %, and 30 -40% comes from the State, that would leave about 10% as a local match, which might make this project more viable. Council member Semon commented that the Council Committee to Recommend Appointments to DARC met, therefore, It was MOVED BY SEMON, SECONDED BY SIMS, TO APPOINT MIKE MERCY, AL ROYAL, LOU DE LUCA, AND PAUL CAMPBELL TO THE DOWNTOWN AREA REDEVELOPMENT COMMITTEE. The motion carried by unanimous voice vote. Beauchamp and Buchanan absent. Information Items Items of information supplied to Council were: Letter from Department of Transportation regarding nominee for and subsequent III appointment of Lynn Buchanan to the Washington State Department of Transportation Bicycle Advisory Committee. 1/11/90; Memo from Accounting Manager regarding 1990 Property Tax Information. 1/16/90; Letter from Otto Klein, Heller, Ehrman, White & McAuliffe regarding Court Order Dismissing the Appeal of City vs. Doyle Bishop and AFSCME. 1/10/90; Memo from Kittitas - Yakima Resource Conservation and Economic Development District regarding Announcement of 1/24 Ki -Yak Advisory Committee Meeting. 1/12/90; Minutes of the November 20, 1989 Yakima Center Advisory Commission meeting; and Article from December 18, 1989 The New York Times, "More Private Workers to Face Drug Tests ". AAD /5 4 0 JANUARY 23, 1990 18. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION It was MOVED BY SIMS, SECONDED BY BARNETT, TO ADJOURN INTO EXECUTIVE SESSION' FOR APPROXIMATELY 15 MINUTES' FOR`: THE PURPOSE OF DISCUSSING. PROSPECTIVE AND .PENDING LITIGATION; WITH IMMEDIATE ADJOURNMENT THEREAFTER: The motion carried by unanimous voice vote. Beauchamp and Buchanan absent. 19. ADJOURNMENT • Following the completion of the Executive Session, the meeting was adjourned at the hour of 4:15 P.M. READ AND CERTIFIED ACCURATE BY: � 1 .,.; > f • •UNCIL M i �R °A .��.d._. &Jr 96 OUNCIL MEN a • DATE ATTEST: >•I /e6 AA/t/Lat-r CITY CLERK MAYOR • • AAD /6 .4 0 . - A Page inadvertently left blank.