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HomeMy WebLinkAbout02/20/1990 Business Meeting • 417 • FEBRUARY 20, 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. Assistant Mayor Lynn Buchanan presiding until 3:10 P.M., Mayor Pat Berndt, presiding after 3:10 P.M., Council members Clarence Barnett, Henry Beauchamp, George Pechtel, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek (absent after 3:40 P.M.), Assistant City Attorney Tree (present after 3:40 P.M.), and City Clerk Roberts. also present. 2. INVOCATION The Pledge of Allegiance was led by Council member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Referencing an article from the Spokane P.I. about private attorneys volunteering their time to help prosecutors with their backlog, Council member Semon .inquired if this could be done in Yakima? City Attorney Vanek stated that the County prosecutor, Jeff Sullivan, does that with a local firm, giving that firm experience in trial situations. He stated that in the past, his office has utilized law students. Council member Barnett asked if there are contingency plans prepared if the City can't reach an agreement with the Humane Society. City Manager Zais stated that a number of different options are being considered, including working with private kennels and veterinarians, or the contract can be extended on a month- to-month basis. John Hanson, Director of Finance and Budget, explained the contract negotiation proces, which began last July which eventually resulted in a letter from the Humane Society stating they are still interested in negotiating a contract, but because they are a non - profit organization, they did not wish to divulge information on their rates, as requested by the City. If an agreement can't be reached, the City would then go out for bids for this service from private vets and kennels. Barbara Toney, Deputy City Clerk, said farewell to the City Manager, Council, and the City Clerk, thanking them for their support during her 15 years employment with the City, the last six years in the City Clerk's Office. • 4. CONSENT AGENDA Assistant Mayor Buchanan 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 of the Council that Item No. 11 be removed from the Consent Agenda, and to add Item No. 8 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 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.) * 5. APPROVAL OF MINUTES OF THE JANUARY 16, 1990 COUNCIL MEETING The Council minutes of January 16, 1990 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. • AAD /1. 418 FEBRUARY 20, 1990 6. AUDIENCE PARTICIPATION Assistant Mayor Buchanan read a proclamation declaring the week of • February 17 -24, 1990 as FFA Week in Yakima. Gaylord Enbom, representing George F. Joseph, spoke about the YVT right -of -way that goes through the George F. Joseph packing plant. He petitioned Council to return that right -of -way to them. He stated he understands the Parks Division is considering a walkway in that area, including that right -of -way, however, a lot of their equipment is going back and forth the and a walkway would not be safe. He provided Council with a packet of information containing pictures of the plant and a copy of the original right -of -way donation which was for the maintenance and operation of an electric railroad motor. He stated he needs immediate action so they can put additional equipment in operation the first of June. City Attorney Vanek stated this involves a legal issue and a policy issue. There is a question whether this property was granted by right -of -way or whether it was deeded to the City. He stated it is questionable if this property was ever conveyed to George F. Joseph when the property was sold to him by the person who originally donated the right -of -way. The other issue is that this is a spur line off the old YVT system, and recently the Parks and Recreation Coiumission expressed interest in this right -of -way and referred it back to staff. That presents a policy issue to see if Council wishes to pursue this for some recreational use. Following discussion regarding the possibility of the City's future use of that right-of-way, it was MOVED BY SIMS, SECONDED BY PECHTEL, T0 THE CITY MANAGER TO BRING THIS BACK TO COUNCIL .AS A POLICY DECISION AND.ACTION AS TO WHETHER COUNCIL WOULD DEED, SELL IT, OR CONVERT IT TO A BIKE PATH OR NOT ALLOW IT. Jerry Henderson, Yakima Interurban Lines Association (YILA), gave the Council some historical information regarding this spur and stated the YILA members voted to support the transfer of this property to George Joseph. The question was called for a vote on the motion. The motion carried by unanimous voice vote. Berndt absent. Charles Kriz, 5708 Bitterroot Lane, addressed the Council concerning the drug problems in Yakima and stating his disapproval of the Drug Coalition. Bob Desgrosselier, AFSCME Union President, stated that several employees demonstrated on Yakima Avenue on their holiday yesterday to let the citizens know what some of the problems are and what they are determined to do for the City. He stated they don't believe they are at impasse, so the City should not unilaterally implement a contract. 7. PUBLIC MEETING ON DENTAN ASSOCIATES MASTER APPLICATION FOR RIGHT - OF -WAY VACATION OF SPRUCE STREET BETWEEN SOUTH 12TH AND SOUTH 13TH AVENUES AND EXPANSION OF F, NON - CONFORMING USE This being the time set for the public meeting on the Dentan Associates Master application for right -of -way vacation of Spruce Street, between South 12th and South 13th Avenue, and expansion of • a non - conforming use, John Elsden, Associate Planner, commented that staff originally recommended denial of the vacation, forwarded it to the Hearing Examiner, who also recommends denial. Joseph Hampton, attorney representing the applicant, submitted a list of witnesses who will talk about what they are trying to accomplish with 12th and 13th Avenues, Spruce, the parking situation and how it will affect the delivery of health care services. Noel Bickham, Executive Director of County Medical Society, 307 So. 12th Avenue, Suite 10, spoke about the shortage of primary care physicians in our city. He also talked about the expense of setting up a private practice, which is why new physicians usually join an established practice. Rick Linneweh, Administrator of Yakima Valley Memorial Hospital, spoke in favor of the proposal, supporting Mr. Bickham's statements regarding the shortage of primary care physicians in Yakima. The purpose of this expansion is to bring in additional primary care physicians, which are needed. The only other option is to vacate their building and build a new one. David W. Williams, physician, 402 South 12th Avenue, commented that the AAD /2 FEBRUARY 20, 1990 average physician is in debt about $40,000 when he leaves school and most will join an existing. practice. He commented about their future plans to expand the office to accommodate additional parking and another two or three physicians in about 3 -5 years. He spoke about the need for primary care physicians in this area and the decrease of available physicians, thus the competition with other communities is great. Calvin Howell, Administrator for Yakima Valley Internists, spoke about the number of family practitioners and internists in the valley, several of them with closed practices and the others have a 2 -12 week lapse for an appointment. He reported that they have looked at other alternatives, but they proved to be too expensive. Dave Franklin, Knipper, Dunn Architects, distributed an outline of the proposed expansion. He spoke about the traffic pattern study they conducted and concluded this design would be the safest for the patients and better organizationally for the office. (Mayor Berndt present after 3:10 P.M.) Mr. Hampton addressed some of the issues in the Hearing Examiner's conclusions, explaining his basis for disagreeing with those conclusions, particularly in showing public need for the street vacation. He stated the traffic study indicates the impact will be minor, particularly on 13th and 14th Avenues. He stated his review of the neighbor's petition is that they don't want to have to turn left onto Tieton from 13th and 14th Avenues. Following a ten minute recess, the meeting resumed at 3:36 P.M. Addressing another concern of the Hearing Examiner, Mr. Hampton stated they would be willing to allow the dentist's patients access to exit through doctor's parking lot. There was discussion about relocating the street, but Mr. Franklin said it would make a dangerous intersection and would not accommodate the physician's plans. Mr. Franklin responded to Council member Buchanan's question -about the employee parking, stating that they looked at all the options for parking in that area, which were either too inconvenient for the or necessitated too extensive I remodeling for the office. Ron Whitaker, attorney representing Dr. Mike Iasella, 410 So. 12th Avenue, stated his client's concerns are 1) traffic concerns and loss of parking, and 2) the City being asked to vacate a public street primarily to benefit a private business. Regarding the traffic circulation, he stated that Spruce Street is the only side street going east /west in that neighborhood, which is probably the primary objection for those people who'have property abutting 13th and 14th Avenues. He stated his client's objection deals with the alley. Dr. Iasella's parking lot is entered from 12th Avenue and exits into the alley. . There is concern that people would use Dr. Iaselia's parking lot to exit the alley, going the wrong way in his parking lot. Because of the • street closure, there's going to be a good deal of congestion in that alley and because of the utility poles the alley is only 17' wide. He stated the cabulances use the alley to drop their clients at the dentists' offices, so it's not merely an inconvenience to the residents and other offices in that area. Referring to public need of the street, he stated he believes there is no public use involved in this proposal, and as a matter of law, that this proposal has to be denied. He commented that these people can talk about the need for doctors and the economics about moving somewhere else, but legally, they are no different than a lawyer, or architect. They are engaged in a private business, they have no certificate of need. He asked Council to think about the terrible precedence this would set, vacating a street to allow private business to expand. Council member Barnett stated Council has to evaluate five criteria before making a decision. Tan Klingele, 402 • So. 13th Avenue, stated he gathered over 150 signatures and only had a couple of people not sign because they go to those doctors. He urged'Council to go with the Hearing Examiner's recommendation. Bill Horton, 312 So. 13th Avenue, stated he is not opposed to the expansion of the Medical Center, but is opposed to the closure of Spruce, between 12th and 13th Avenues. The possibility of expanding to the southeast was not considered, nor was the possibility of going to a second story on the building. He stated Spruce is 'heavily traveled by the residents. He stated this business has outgrown its location and should find a more appropriate location. Joseph Ibach, 13th Avenue, stated he is opposed to closing Spruce because he uses that street quite often. He stated that they can expand their parking lot to the west towards 13th Avenue and would not have to go to the north. He stated he watches the traffic using the alley and Spruce and there AAD /3 . 4 2 0 FEBRUARY 20, 1990 are a lot more people using it than they are saying. Albert Cullen, 13th Avenue, stated his concern is that 14th Avenue is narrow, with parking allowed on both sides of the street, and closing. Spruce would increase the traffic on 14th Avenue. Viola Schauf, 403 So. 13th Avenue, stated her letter was submitted to the Hearing Examiner. She stated she had proposed to rezone the 300 block from Spruce to Tieton Drive from R -2 to B -1 and had the signatures from all the residents. If this proposition goes through for vacating Spruce Street, she would have a difficult time selling the property because the business would want to use the alley to access their parking lots. She stated she wouldn't be able to use that alley except through Tieton Drive or Dr. Iasella's parking lot. John Klingele, 1312 W. Walnut, stated he thinks the Hearing Examiner did an excellent job of characterizing the neighborhood and its problems. He stated he is opposed to the closure of Spruce because it's a dispersal area for the congestion of the Medical Center. Asked for his opinion about reconciling the neighbors with the doctor's plans, Mr. Klingele stated there are other options; there are vacancies in the Medical Center; the doctors purchased the property to the northwest corner for parking which could be used by staff, leaving the other lots for patients, and expanding their hours of operation. Mr. Hampton referred to the suggestions that the business relocate or build up, stating they are not sure they could obtain a loan to add another story to • the building, and all costs would be passed on to the patients. Asked about the alternatives if this is rejected, Mr. Franklin responded that they reviewed a number of alternatives, however, felt.this project is a better option. There being no other citizen wishing to comment on this issue, Mayor Berndt closed the public meeting. Council member Barnett commented that there are several factors to consider and felt that one issue, the impact to the emergency vehicles if the street is closed, was not properly addressed. It was MOVED BY BARNETT, SECONDED BY SEMON, THAT WE UPHOLD THE HEARING EXAMINER'S RECOMMENDATION OF DENIAL. City Manager Zais commented he believes the Fire Department was contacted and reviewed this. There was discussion about the options available to the applicant if this is rejected, which would require them to begin the process again with a new proposal. The . question was called for a vote on the motion. The motion carried by unanimous voice vote. Council Member Pechtel commented that he hopes this action is not being seen as anti - medical. He stated he believes staff needs to address some type of sub -area plan for this area. Mr. Franklin stated that if Spruce is not vacated, they would have to look at rezoning that one piece of property, but were told that staff won't do that until the subarea plan is finished. *8. CONSIDERATION OF AWARD OF CITY'S LEGAL ADVERTISING CONTRACT (REPORT AVAILABLE TUESDAY) The report from the City Clerk was accepted and the legal advertising contract was awarded to the Yakima Herald- Republic at the rate of $7.00 per column inch for the first insertion and all subsequent insertions of the same advertisement at the rate of $6.25. 9. REPORT FROM PUBLIC WORKS DEPARTMENT REGARDING PROPOSED REORGANIZATION OF REFUSE, STREETS AND TRAFFIC DIVISIONS City Manager Zais stated this is a recommendation from he and Jerry Copeland, Director of Public Works, on management restructuring in his department. Mr. Copeland stated that the City Attorney pointed out that section 1.08.050 in the Municipal Code outlines the structure of the Public Works Department and that will have to be revised if this report is accepted. City Manager Zais interjected that the classification and compensation plan would also have to be revised. Mr. Copeland stated the staff recommendation should read, "Staff recommends approval of the re- organization by the Council, authorization of the proposed amendment and necessary Municipal Code revision. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO APPROVE THE STAFF RECOMMENDATION. Council member Barnett questioned the division of the supervision of the Traffic Engineering Division creating a supervisory position over two positions. City Manager Zais stated this would be a technical support operation, not supervisory responsibility. Mr. Copeland utilized the blackboard to diagram the organization structure. He AAD /4 421 FEBRUARY. 20, 1990 responded to Mr. Barnett's concerns that one supervisor has authority over another supervisor's personnel, stating that provision is included to authorize supervision of the other function in the absence of that supervisor. Mr. Copeland stated the job description can be revised to state "may, under the authorization of the Traffic Engineer ". He stated his intent is not to have this person sweep across the board, but will have that option for when the Engineer is gone. Council member Barnett requested that this discussion be continued to the next meeting. It was MOVED BY BEAUCHAMP, SECONDED BY PECHTEL, TO TABLE THIS UNTIL THE NEXT MEETING. The motion carried by unanimous voice vote. * 10. REPORT FROM PUBLIC WORKS REGARDING PETITION TO COUNCIL FOR PEDESTRIAN CONTROL DEVICE AT 16TH AND JEROME The report from the Public Works Department recommending that • a painted and /or signalized crosswalk at Jerome and 16th Avenue not be installed as requested by Petition No. 1090, was approved. 11: PRESENTATION OF YAKIMA CENTER 1989 ANNUAL REPORT City Manager Zais suggested that since Mr. Pleasant left, Council accept the report and then address Mr. Pleasant's concerns at a later time. It was MOVED BY BUCHANAN, SECONDED BY SEMON, TO ACCEPT THE REPORT. The motion carried by unanimous voice vote. *12. CONSIDERATION OF RESOLUTIONS APPROVING HOMEOWNERSHIP LOANS: A. HERMAN AND KATHRYN SCHULZ RESOLUTION NO. D -5699, A RESOLUTION of the Council of the City of Yakima, Washington, authorizing a loan for Kathryn I. Schulz and Herman John Schulz under the City's Homeownership Program. B. DEBBIE S. FLDRES RESOLUTION NO. D -5700, A RESOLUTION of the Council of the City of Yakima, Washington, authorizing a loan for Debbie S. Flores under the City's Homeownership Program. C. LFXN R. AND LINDA E. CRAWFORD RESOLUTION NO. D -5701, A RESOLUTION of the Council of the City of Yakima', Washington, authorizing a loan for Leon R. Crawford and Linda Crawford under the City's Homeownership Program. D. GUILLERMO AND ANA AGUILAR RESOLUTIC NO. D -5702, A RESOLUTION of the Council of the City of Yakima, Washington, authorizing a loan for Guillermo Aguilar and • Ana M. Aguilar under the City's Homeownership Program. * 13. CJONSIDERATION OF RESOLUTION SETTING DATE OF HEARING BEFORE THE HEARING EXAMINER FOR MARCH 21, 1990 ON RIGHT -OF -WAY VACATION REQUESTED BY CREST LINEN FOR PROPERTY VICINITY OF 5TH - 6TH AVENUES AND "I" STREET RESOLUTION NO. D -5703, A RESOLUTION fixing a time for public hearing of March 21, 1990 before the Hearing Examiner on Petition No. 1095 to vacate all alleys between 5th & 6th Avenues south of Street. *14. APPROVAL OF NOVEMBER AND DECEMBER 1989 TREASURY REPORTS (STANDARD MOTION V -A — ACCEPT REPORT) The report from the Director of Finance and Budget dated February 20, 1990, regarding investments of the City of Yakima for the months of November and December 1989, were accepted and • approved. AAD /5 4 2 2 FEBRUARY 20, 1990 15. CONSIDERATION OF ORDINANCE AMENDING THE FEE SCHEDULE FOR STREET BREAK PERMITS Ordinance No. 3243 having been read by title, it was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, THAT THE ORDINANCE BE PASSED. Council member Barnett stated he will vote against the motion because this ordinance includes a fee of $50 per hour for each hour or fraction thereof during the inspection. He said he remembers nothing during the discussion in the budget session that a person would be charged $50 for a fraction of an hour. If it takes one hour and two minutes, the charge would be $50 for one hour and $50 for the next two minutes. He stated he thinks the charge should be prorated. He referred to Municipal Code Section 8.92.050, relating to charges for inspection, and asked if part of this ordinance needs to be rescinded. Mr. Copeland stated that that entire chapter of the Municipal Code is being reviewed. City Manager Zais recommended Council pass this and then look at that corrective legislation. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO AMEND THE ORDINANCE ZO CHARGE $50 FOR THE FIRST HOUR OR FRACTION THEREOF, AND THEN PRO-RATE BEYOND THAT. The motion carried by unanimous voice vote. The question was. called for a vote on the original motion, as amended. The motion carried by unanimous roll call vote. Council member Barnett stated he voted in the affirmative with the understanding that staff will resolve any discrepancies in the Code. ORDINANCE NO. 3243, AN ORDINANCE relating to excavations and obstructions in streets and other, public places, establishing differential classification of permits regulating the same; and authorizing fees therefor; and "amending Section 8.72.010 of the City of Yakima Municipal Code. *16. SECOND READING OF ORDINANCE APPROPRIATING FUNDS TO PARTICIPATE IN HIGHWAY PLANNING AND RESEARCH STUDY FOR WASHINGTON AVENUE An Ordinance appropriating funds to participate in a Highway Planning and Research Study for Washington Avenue, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3244, AN ORDINANCE amending the 1990 budget for the City of Yakima; and making an appropriation of $1,563 in the Public Works Trust Fund for expenditure during 1990 for Highway Planning and Research Study (HPR) for Washington Avenue Extension and South Union Gap I /C's. *17. FIRST READING OF ORDINANCE AMENDING THE 1990 CONVENTION CENTER CAPITAL IMPROVEMENTS FUND BUDGET (NO FORMAL ACTION REQUIRED AT THIS MEETING) . An Ordinance appropriating funds'for the purchase of two hot water tanks at the Yakima Center, having been read by title only, was laid on the table for one week, until February 27, 1990. 18. OTHER BUSINESS There was a brief discussion regarding the applications for the Community Development Advisory Committee and Urban Area Planning Commission, Mayor Berndt suggesting the Council Committees meet next week. Council member Barnett reported a phone call from a lady who says she is upset over the fact that the City is considering going into the cemetery monument business, and asked staff for information. Mr. Copeland commented this possibility is considered every time there is a new Parks Manager, until he hears from the City Attorney that it can't be done. Council member Pechtel reported he heard from some residents in the area of St. Elizabeth Medical Center that they aren't receiving adequate police coverage. Mayor Berndt stated that last year the Police gave that area some additional coverage and it made a big difference. AAD /6 423 FEBRUARY- 20, 1990 Information Items: Items of information supplied to Council were: Memo from Director of Finance and Budget and the Customer Service Manager regarding . Animal Shelter Agreement - City /Humane Society of Central Washington. 2/16/90; Memo from Assistant City Manager regarding Yakima Metropolitan Plan, Visioning Process. 2/16/90; Memorandum from Director of Public Works and Acting Supervising Traffic Engineer regarding Monthly Service Request Report for January 1990. 2/13/90; Memorandum from Director of Public Works and Acting Supervising Traffic Engineer regarding Request for Stop Signs - Garfield- Lewis. 2/7/90; Memorandum from Code Administration Manager regarding his election to positions on the Washington State Building Code Council. 2/12/90; Letter to DOE regarding Centennial Clean Water Fund /FY90, Yakima Storm Drainage Plan. 2/2/90; Letter from Immigration and Naturalization Service Office regarding confirmation of audit by U.S. Department of Labor on employment eligibility verification in the Fire Department. 2/2/90; Assignments Pending in Office of Environmental Planning. 2/20/90; In our Scope quarterly newsletter fran New Vision. February 1990 issue; and Articles from February 16, 1990 Seattle Post - Intelligencer, "Growth Plan for 16 Counties Passes House" and • "Cities, Counties Rap House Criminal- Justice Proposal." • 19. EXECUTIVE SESSION REGARDING PENDING LITIGATION AND PROPERTY ACQUISITION City Manager Zais suggested the Executive Session be deferred one week. 20. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at the hour of 5:30 P.M. � 1 ���co /go READ AND CERTIFIED ACCURATE BY: , , AL . A COUNC 0_ • DATE ,�: CIL I I: • DATE • ATTEST: CITY CLERK MAYOR • 1 • • AAD /7