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Home My WebLink About02/06/1990 Study Session 405 FEBRUARY 6, 1990 STUDY SESSION /BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:15 P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat Berndt, presiding, Council members Clarence Barnett, 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 Toney also present. 2. INVOCATION None given. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt introduced, and acknowledged, Mary Lovell, Code Administration Division, who was mentioned in an article in the Yakima Business Report as an employee of the City as having done an outstanding job in assisting the public. Council member Barnett referred to the preliminary agenda for the next meeting and requested that the item regarding the fee schedule for street break permits be postponed to the 20th of February since he will be unable to attend next week's Council meeting. 4. APPROVAL OF MINUTES OF THE DECEMBER 12 & 19, 1989 AND JANUARY 2 & 9, 1990 COUNCIL MEETINGS • Council member Barnett requested a correction to the January 2, 1990 minutes to reflect that he and Council member Pechtel are both listed as principal representatives to the Joint Board for Urban Area Planning, rather than list George Pechtel as an alternate. It was MOVED BY BARNETT, SECONDED BY SIMS, TO APPROVE THE MINUTES OF DECEMBER 12 AND 19, 1989, JANUARY 9, 1990 AND JANUARY 2, 1990 AS CORRECTED. The motion carried by unanimous voice vote. Beauchamp absent. 5. AUDIENCE PARTICIPATION Frank Glaspey, Director of the Coalition for the War on Drugs, presented the Mayor with an award from the Washington Council on Crime and Delinquency for the 1990 outstanding achievement for citizen effort which had been presented to the Yakima County Coalition for the War on Drugs. 6. 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 1/23/90 - PLEASE BRING PREVIOUS MATERIAL) Council member Barnett was excused due to the appearance of fairness doctrine. It was MOVED BY PECHTEL, SECONDED BY BUCHANAN, THAT WE ACCEPT THE HEARING EXAMINER'S DECISION, WITH THE FOLLOWING CONDITIONS: 1) NO SIGN OR NAMEPLATE INDICATING THE BUSINESS USE OF THE PROPERTY, IN SUCH A MANNER THAT IS VISIBLE TO THE GENERAL PUBLIC FROM THE STREET IN FRONT OF THE APPLICANT'S RESIDENCE SHALL BE ALLOWED TO BE PLACED ON THE APPLICANT'S PROPERTY; 2) THE OPERATION SHALL BE LIMITED TO A ONE -CHAIR BARBER SHOP CONDUCTED BY HAROLD L. LARSON; 3) HAIRCUTS WILL BE GIVEN ONLY ON A PREARRANGED APPOINTMENT BASIS AND NO HAIRCUTS MAY BE GIVEN TO CLIENTS WHO HAVE NOT PREVIOUSLY SCHEDULED AN APPOINTMENT; 4) THE BARBER SHOP SHALL OPERATE ONLY ON MONDAYS THROUGH FRIDAYS, DURING THE HOURS OF 9:00 A.M. TO 5:00 P.M.; 5) HAROLD L. LARSON SHALL INFORM EACH OF HIS CLIENTS THAT HIS HOME IS THE FIRST HOME ON THE LEFT ON THE HAVEN WAY CUL -DE -SAC, THAT HIS CLIENTS ARE TO PULL INTO THE FIRST DRIVEWAY ON THE LEFT AND PARK IN HIS DRIVEWAY AND NOT ON THE STREET; AND 6) THE BUSINESS SHALL BE CONDUCTED IN COMPLIANCE WITH THE SPECIFIC CRITERIA OF YAKIMA MUNICIPAL CODE SECTION 15.04.090, EXCEPT TO THE EXTENT THE ABOVE REQUIREMENTS ARE MORE RESTRICTIVE. AAD /1 406 FEBRUARY 6, 1990 The motion carried by 4 -1 voice vote. Semon voting nay. Barnett not voting due to appearance of fairness. Beauchamp absent. James Carmody, attorney representing the appellants, questioned the reason for the reconsideration of the previous public meeting and the fact that a public hearing was held. City Attorney Vanek stated there was no record created at the previous Council meeting, upon which an appeal could be taken by either side. Mr. Carmody objected to the way this matter was handled; Council rendered a decision last December 12th. It was the record of the Hearing Examiner that was reviewed and that was adequate. He stated he doesn't believe Council has authority to reverse that decision. Mayor Berndt stated there were facts that Council was unaware of at that December meeting; namely, that Council could make some amendments. Mr. Carmody stated that the interest of the appellants in this case have been jeopardized, or undercut, by a change in the constitution of the Council. He questioned Mr. Beauchamp's lack of participation in this since he was present at the December 12th meeting. City Attorney Vanek assured him the vote taken today is legal. Mr. Carmody asked if any Council members had any communications about this outside of the public hearing? Mayor Berndt reported she was approached and asked about a letter from the appellants. She stated she told that individual it would be better if she did not send Council a letter. Council member Pechtel stated he, too, had that same conversation, with the same answer given by him. Council member Semon stated he was called a couple of times, but told the callers he could not discuss this issue. Council member Sims stated he received a letter on his car, but he disposed of it. Resolution No. D -5683 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT THE RESOLUTION BE ADOPTED. The motion carried by 4-1. roll call vote. , Semon voting nay. Barnett not voting due to appearance of fairness. Beauchamp absent. RESOLUTION NO. D -5683, A RESOLUTION granting with conditions the application of Harold L. Larson for a barber shop as a hone occupation at 5606 Haven Way in the City of Yakima. 7. CONSIDERATION OF RESOLUTION CALLING FOR PROPOSAL FOR THE CITY'S LEGAL ° ADVERTISING Resolution No. D -5684 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous roll call vote. Beauchamp absent. RESOLUTION NO. D -5684, A RESOLUTION prescribing a form of contract for printing and publishing city legal advertising; and directing publication of a call for proposals therefor. 8. STATUS REPORT ON LEGISLATION PENDING IN OLYMPIA — RECOMMENDED CITY POSITION Council members reviewed the listing of legislative priorities provided by staff, along with the City's recommended position. Council member Barnett inquired if HB 2734 which provides for local land use planning is related to the Growth Management Bill. He questioned if HB 2734 is a new or re- numbered bill and should it be added to this list? Assistant City Manager Stouder stated he would check into that bill to see if it should be added to the list. Council members also debated whether support should be given to SB 6595 to establish military style bootcamps for prisoners, in light of the City giving an "A" priority for the Law and Justice Bill. Mayor Berndt commented that while in Olympia for the Legislative Session, Council should make our local legislators know where we stand on this issue. Council questioned whether SB 6410 should be supported if the appeals process would use too much of an officer's time. Council member Barnett stated he would like to support the indigent inmate health funding issue as an "A" priority, even though it is not in legislative bill form. Mr. Barnett also stated that SB 6173/SB 6363 should be a Priority "A" opposition, rather than Priority "B ". Finance Director Hanson reported that his understanding is that neither of those two bills made it out of committee. Referring to the Omnibus Local Government Finance Bill, Council member Barnett stated he could not support the 1/2% Real Estate Tax contained in Mary Margaret Haugen's package. Mr. Hanson stated he will update this list AAD /2 FEBRUARY 6, 1990 407 before Council goes to Olympia. A couple of additions are SB 6640, Economic Development and Labor Committee which eliminates tourist promotion as a valid use of hotel motel tax; HB 2929 in House Appropriation Committee, reduces costs to local governments who use the State investment pool; HB 2687 issue of being able to fund general government costs out of utilities - support HB 2929 and HB 2687 as Priority "B ". Council member Barnett asked about the . Governor's local gas tax proposal; Dennis Covell, Director of Engineering and Utilities, stated he supports it since it will give the City another tool for local transportation means. 9. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING AND PROSPECTIVE /PENDING LITIGATION At this time, the Council moved into executive session for the purpose of discussing collective bargaining. 10. CONSIDERATION OF LEGISLATION RELATING TO AFSCME LABOR NEGOTIATIONS (TO BE CONSIDERED IF AFSCME REJECTS CITY'S FINAL SETTLEMENT OFFER) A. RESOLUTION IMPLEMENTING A PORTION OF THE FINAL, LAST AND BEST OFFER OF THE CITY MADE TO THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, LOCAL NO. 1122 (AFSCME) Bob Desgrosellier, President, AFSCME Local 1122, stated, that the Union is as frustrated as the City in this negotiation session. He stated that throughout the past years, the members have given up a . portion of wage increases in exchange for the 100% payment of insurance. He briefly described the collective bargaining process concerning the cost sharing for medical, including the Union's proposal to find its own insurance coverage. He submitted a petition signed by about 120 City employees (not circulated city- wide) urging Council to return to the bargaining table and avoid . implementation of a contract. Resolution No. D-5685 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY BARNETT, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous roll call vote. Beauchamp absent. RESOLUTION NO. D -5685, A RESOLUTION implementing a portion of the Final, Last, and Best Offer of the City of Yakima made to the Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County, and Municipal • Employees, AFL -CIO. • • B. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CERTAIN EMPLOYEES (AFSCME) Ordinance No. 3238 having been read by title, it was MOVED BY SIMS, • SECONDED BY PECHTEL, THAT THE ORDINANCE BE PASSED. The Motion carried by unanimous roll call vote. Beauchamp absent. ORDINANCE NO. 3238, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective January 1, 1990; amending Subsections 2.20.110 A and Subsection 2.20.110 F, all of the City of Yakima Municipal Code, and declaring an emergency. 11. OTHER BUSINESS Mayor Berndt stated .there is a vacancy on the County Wide Coalition for the War on Drugs Committee. She stated this member must be a Council member from another city and suggested Dale Burgerson, former Mayor from Grandview. Council member Barnett stated that Mr. Burgerson is not an elected official right now, whereupon, Mrs. Berndt stated she will wait to fill this vacancy. Council members also mentioned that vacancies on the Urban Area Planning Commission and Community Development Citizens Advisory Committee need to be filled. Executive Session regarding Prospective and Pending Litigation It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROSPECTIVE AND PENDING • • AAD /3 • 403 FEBRUARY 6, 1990 LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. Beauchamp absent. Information Items: Items of information supplied to Council were: Letter from Tony Menke resigning from the Regional Planning Commission. 1/24/90; Letter to Dept. of Housing & Urban Development, Program Policy Development & Evaluation regarding Special Projects Program Yakima Rebound Plus. 1/18/90; Memo from the Assistant City Manager regarding Central Washington University Aviation Science Feasibility Study. 1/26/90; Monthly Report of the Chief of Police for December 1989; Monthly Report from the Legal Department for December 1989; Assignments pending in Office of Environmental Planning as of January 30, 1990; Minutes of the December 21 & 28, 1989 and January 4 & 11, 1990 Yakima Air Terminal Board meetings; Article from the Winter 1989/1990 New Electric Railway Journal, "Homecoming in Yakima" by Steve Morgan; Article from December 5, 1989 The New York Times National, "Justices Agree to Decide Dispute Over Water Use "; Article from Winter 1989 -90 Asphalt magazine, "Yakima Succeeds With Asphalt Treated Base" by Mark Anderson, Associate Engineer, City of Yakima; Yakima County EMS Advisory Council February 1990 Newsletter; Yakima Basin Update, January 1990; and Notice from COG about Yakima Traffic Alternatives Study Public Meeting on Thursday, February 8, 1990. 12. ADJOURNMENT Following the completion of the Executive Session, the meeting adjourned at the hour of 4:05 P.M. .� IP ‘Ii0111,111 �t READ AND CERTIFIED ACCURATE BY: `� )1„ 4 � �� /qo `(A IL MEMBER DATE • !/Aa/ / it& /90 COUN L I I:ER DATE ATTEST: • CITY CLERK MA OR AAD /4