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HomeMy WebLinkAbout04/10/1990 Business Meeting (_;4�bA® APRIL 10, 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 Lynn Buchanan, George Pechtel, Skip Semon and Bernard Sims present on roll call. Council members Clarence Barnett and Henry Beauchamp absent and excused. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Clerk Givens also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council member Pechtel. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt requested direction from the Council to attend a drug workshop in Washington D.C. at the expense of William Bennett, Director of The Office of National Drug Control Policy, on May 13th through May 15th. There is a $75 Conference fee, to be paid by the City. She asked for the Council's blessings to attend. It was MOVED BY BUCHANAN, SECONDED BY SIMS, FOR THE MAYOR TO ATTEND. The motion carried by unanimous voice vote. Barnett and Beauchamp absent. 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. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE PASSED. The motion carried by unanimous roll call vote. Barnett and Beauchamp absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF THE COUNCIL MEETING OF MARCH 27, 1990 The Council minutes of March 27, 1990, 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 and proclaimed the week of April 7th through April 14th as National Community Development Week. Donna Reyes, Housing Loan Specialist, accepted the proclamation and spoke about the Community Development Block Grant Funds. She stated the Yakima program has provided home ownership for 26 families in this community. Ms. Reyes thanked the City Council, Yakima lending institutions, title companies, and the credit bureau, that helped with providing these loans. Skip Rodvold, 821 S. 38th Avenue, stated that his family is continuing monitoring the golf balls that are hit from Fisher Park Golf Course. He said they received ten golf balls in their yard since opening day, five of which hit the street first. He said 1 in every 82.9 golfers are hitting a ball off the course, at the third tee. He asked the Council to do something now. Council member Sims reminded Mr. Rodvold that the other citizens, who spoke at last week's Council, do not feel the problem is as serious as Mr. Rodvold indicates. Mr. Rodvold suggested moving the tee to a different location. There was a discrepancy as to the number of AAD /1 APRIL 10, 1990 4 61 balls which have fallen on the Rodvold's property. Dave Flaherty, Parks & Recreation Manager, recapped the monitoring report from last week and further stated that this past week the course has been monitored with only three balls hitting the Rodvold property directly. Mr. Flaherty stated his concern is in being able to satisfy the Rodvolds. His suggestion and the consensus of the Council is to continue the monitoring through April and consider all other possible alternatives. Charles Kriz, 5708 Bitterroot Lane, asked the Mayor to thank several individuals in Washington D.C. for answering his letters and giving him information. Larry Mathews, 805 S. 17th Avenue, asked the,Council if they had any further information on the irrigation assessment exemptions. City Manager Zais responded that it has been put on the work program of the Legal Department, however, they have many priorities. The question will be answered as soon as possible. Ms. Schickert, 612 S. 7th Street, stated that her neighborhood had quieted down for a couple of days, while the police were around, but things are "back to normal" again. She and her neighbors were awakened by gunfire about 11:30 P.M. on Friday, April 6th, and Sunday evening April 8th. She stated people were driving up and down the streets, shooting at houses and in the air. She has had a dead chicken thrown in her yard as a "sign ", she feels as retaliation for her talking to the City Council and the press. Ms.' Schickert, expressed concern over sitting through Superior Court and Juvenile Court and the lenient sentences the drug related offenders were given. She feels a joke is being made of our system. Mayor Berndt informed Ms. Schickert that these courts were not City Courts, and there is no City control over them. Ms. Schickert stated that she and her neighbors are going to start shooting back. She was urged to avoid vigilante actions for her own safety. Police Chief Green assured her that there will be additional police surveillance and there is action being taken. Mayor Berndt suggested to Ms. Schickert that she go to the State Legislators and County personnel also, to get something done. She was given a list of the proper people to contact. 7. PUBLIC MEETING ON VACATION OF RIGHT -OF -WAY IN THE VICINITY OF 48TH AVENUE AND FECHTER ROAD, REQUESTED BY R. J. VORENKAMP AND OTHERS This being the time set for the public meeting, Joan Davenport, Associate Planner, presented a map and summary on the vacation of right -of -way in the vicinity of 48th Avenue and Fechter Road. Ms. Davenport stated staff and the Hearing Examiner found there is no public use of the vehicular right -of -way, though there needs to be a public utility easement. Staff recommendation is to approve the vacation. Mayor Berndt opened the public meeting by asking if there was anyone wishing to speak in favor of the vacation. Bill Horton, 312 S. 13th Avenue, spoke on behalf of Dr. Vorenkamp, stating that the intent of that particular right -of -way was gone. He explained that the present road will never go over the hill. It has always been closed, with no plans to use it or improve it. It presents a nuisance to Dr. Vorenkamp, since he has no control over it. He has an orchard beside the right -of -way, and people use the road to trespass onto his orchard. He recommended it be given to Dr. Vorenkamp, so that taxes could begin to be paid on it. Del Edler, 1109 S. 45th Avenue, stated that he is buying property in that area, and that this right -of -way is the only way to get to the property, except from 48th Avenue. He requested half of the right -of -way be given to him and the other half to the Doctor. Ms. Davenport stated that this property had been short- platted and Mr. Edler's property has legal frontage on Fechter, and a private driveway. The City does not take a position on the disposition of right -of -way. City Attorney Vanek stated that State law says one - • half to each, however, case law says where the original donation was given then that history governs. AAD /2 '4612 APRIL 10, 1990 • Richard Vorenkamp, 836 N. 48th Avenue, stated that he being the original owner of Tract 34, feels he should have prior claim to the right -of -way. Dr. Vorenkamp commented that he has been there ten years and has tried very hard to improve and make his property an asset to the neighborhood. He stated that he has a problem with vandalism and needs the right -of -way to control this. There being no one else to speak to the issue, Mayor Berndt closed the public meeting. She asked that Council members declare any outside contact they might have had prior to this meeting regarding the vacation of this right -of -way. Council members reported none. Mayor Berndt having asked for Council direction on this matter, it was MOVED BY PECHTEL, SECONDED BY BUCHANAN, TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION FOR APPROVAL OF THE VACATION. The motion carried by unanimous voice vote. Barnett and Beauchamp absent. 8. REPORT FROM CODE ADMINISTRATION DIVISION REGARDING HAZARDOUS VEGETATION DEBRIS PROGRAM (CONTINUED FROM BUDGET WRAP -UP) Bob Shampine, Code Manager, supporting Chief Beeson's proposal, stated that one fireman had been off work for approximately eight months because he was bitten by a Brown Recluse spider while mowing the lawn at one of the fire stations. Council member Sims asked why Mr. Shampine's cost was $2,000 less than the Parks and Recreation cost would be? Mr. Shampine explained it was because the length of time his division would need a person is a much shorter time than the Parks would need a person. Mayor Berndt stated she could not understand why 50 -60 man hours would be needed for mowing the "postage stamp size" lots that she had seen. Chief Beeson explained that several of their stations do have large lots. They prefer to have the firemen busy on training and other duties, rather than mowing lawns. Dave Flaherty, Parks and Recreation Manager, stated that he was supportive of this measure because they have the option of "sharing" the employee, which they have done in the past satisfactorily. Council member Sims expressed concern that the money collected for cleaning weedy lots would not go into the Parks & Recreation budget. Mr. Shampine stated that the money could be put back into the Park's budget through fees. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO APPROVE OPTION ONE. The motion carried by unanimous voice vote. Barnett and Beauchamp absent. *9. CONSIDERATION OF RESOLUTION ADOPTING A SCHEDULE OF FEES FOR RECREATIONAL ACTIVITIES OF THE PARKS AND RECREATION DIVISION RESOLUTION NO. D -5724, A RESOLUTION adopting a schedule of fees for recreational activities of the City of Yakima Department of Public Works, Division of Parks and Recreation. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE GARY HALL ENGINEERING PROFESSIONAL SERVICES CONTRACT FOR THE PUBLIC WORKS TRANSIT TRANSFER FACILITY SITE LOCATION AND DEVELOPMENT RESOLUTION NO. D -5725, A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute an amendment to the Agreement with Gary Hall Engineering for professional services. 11. RECONSIDERATION OF LEGISLATION RELATING TO SKYBRIDGES (CONTINUED FROM 12/12/89) Larry Lehman, Associate Planner, presented information to the Council relating to amendments to the Ordinance to allow for hearings by the Hearing Examiner of the skybridge issues. It was MOVED BY SEMON, SECONDED BY BUCHANAN, THAT THE SKYBRIDGE ORDINANCES, AS READ, BE PASSED. The motion carried by unanimous • roll call vote. Barnett and Beauchamp absent. A. AN ORDINANCE ESTABLISHING STANDARDS FOR SKYBRIDGES ORDINANCE NO. 3256, AN ORDINANCE relating to construction of pedestrian skybridges by private parties in the city pursuant to AAD /3 463 APRIL 10, 1990 permits granted for such purpose, setting requirements and procedures regarding such permits; and enacting Chapter 11.65 "Pedestrian Skybridges" and Sections 11.65.010, 11.65.020, 11.65.030, 11.65.040, 11.65.050, 11.65.060, 11.65.070, 11.65.080, 11.65.090, and 11.65.100 thereof as a new chapter and new sections of the City of Yakima Municipal Code. B. AN ORDINANCE EXPANDING THE DUTIES OF THE HEARING EXAMINER TO REVIEW SKYBRIDGE APPLICATIONS ORDINANCE NO. 3257, AN ORDINANCE relating to expanded duties of the City Hearing Examiner, establishing authority to review pedestrian skybridge applications and permit violations, and. amending Section 1.43.080 of the City of Yakima Municipal'Code. . C. AN ORDINANCE AMENDING AND ADOPTING LAND DEVELOPMENT FEES ORDINANCE NO. 3258, AN ORDINANCE relating to land development fees, including fees regarding pedestrian skybridges, and amending Section 15.26.010 of the City of Yakima Municipal Code. 12. CONSIDERATION OF LEGISLATION RELATING TO MANAGEMENT COMPENSATION FOR 1990: A. AN ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CERTAIN CITY EMPLOYEES City Manager Zais introduced Sheryl Smith, Deputy Personnel Officer and acknowledged her help with the Management Salary Survey and report. Mr. Zais reviewed with the Council his reasons for recommending the raises were to bring the Yakima Management salaries in line, in comparison with other employers, in order to maintain competitive pay levels. These raises are proposed to be in effect beginning May 1, 1990. The ordinance would be effective May 11th, so the cost impact for 1990 is about $92,000, or 3.4% above the amended level for 1989. The cost impact on an annualized basis is 5.1 %, or $138,000 annually. Included in this cost estimate is a proposal by City Management to share in the insurance costs for Management. The City's cost would be equivalent to the cost of the members of the AFSCME Union, approximately $248 per month for employee and family. Mr. Zais and Ms. Smith were available to answer any questions. It was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT ORDINANCE NO. 3251 AS READ, BE PASSED. Council member Sims recommended an amendment to increase the City Manager's salary to a level of $6,166 a month because of his excellent evaluations. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO AMEND THE COMPENSATION OF THE CITY MANAGER'S PAY RANGE, STEP FIVE, TO A LEVEL OF $6,166 A MONTH AND APPROVED AT THE FIFTH STEP, BASED ON PERFORMANCE. The motion carried by unanimous voice vote. Barnett and Beauchamp absent. The question was called for a vote on the ordinance, as amended. The motion carried by unanimous roll call vote. Barnett and Beauchamp absent. ORDINANCE NO. 3251, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective May 11, 1990; amending Subsections 2.20.100 A, 2.20.100 B, 2.20.110 A, 2.20.110 B, 2.20.110 C, 2.20.110 D, and 2.20.110 E all of the City of Yakima Municipal Code. B. AN ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING MEDICAL BENEFITS FOR MANAGEMENT It was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT ORDINANCE NO. 3252, AS READ, BE PASSED. The motion carried by unanimous roll call vote. Barnett and Beauchamp absent. Mr. Zais thanked the Council for their support and appreciation. ORDINANCE NO. 3252, AN ORDINANCE relating to personnel, creating a management employee health care plan, requiring monetary contribution by management employees to such plan and enacting Subsection 2.04.030 D of the City of Yakima Municipal Code. AAD /4 ('43614 APRIL 10, 1990 *13. CONSIDERATION OF AN ORDINANCE APPROVING THE CONSTRUCTION OF A NEW ADAMS ELEMENTARY SCHOOL AND APPROVING VACATION OF A PORTION OF SOUTH 9TH STREET LOCATED BETWEEN RACE AND ADAMS STREET ORDINANCE NO. 3253, AN ORDINANCE approving construction of a new Adams Elementary School at 723 South 8th Street and approving vacation of the portion of South 9th Street located between Race and Adams Street within the City of Yakima. *14. CONSIDERATION OF AN ORDINANCE APPROVING THE CONSTRUCTION OF A NEW ROOSEVELT ELEMENTARY SCHOOL AND APPROVING VACATION OF RIGHTS -OF -WAY IN THE VICINITY OF NORTH 17TH AVENUE AND SUMMITVIEW AVENUE ORDINANCE NO. 3254, AN ORDINANCE approving construction of a new Roosevelt Elementary School at 120 North 16th Avenue and approving vacating the rights -of -way, consisting of that portion of North 17th Avenue north of Summitview to the dead end, together with the unused alley platted on the current school grounds, running north and south; the north -south alley between 17th and 18th Avenues, south of Summitview, to the dead end; and an unused alley running east -west from 18th to 16th Avenues within the City of Yakima. *15. CONSIDERATION OF AN ORDINANCE VACATING ALLEYWAYS WITHIN THE BLOCK BOUNDED BY SOUTH NACHES AVENUE, EAST CHESTNUT AVENUE, SOUTH 4TH STREET AND EAST YAKIMA AVENUE IN THE VICINITY OF THE TOWER BUILDING ORDINANCE NO. 3255, AN ORDINANCE vacating the alleyways within the block bounded by South Naches Avenue, East Chestnut Avenue, South 4th Street, and East Yakima Avenue in the vicinity of the Tower Building within the City of Yakima. * 16. SECOND READING OF AN ORDINANCE AMENDING THE 1990 BUDGET AND APPROPRIATING FUNDS FOR THE SOCIAL DAY CARE PROGRAM An ordinance appropriating funds for a Social Day Care Program for Senior Citizens, having been read by title only at the March 27, 1990 meeting, was brought before the Council for a second reading. ORDINANCE NO. 3259, AN ORDINANCE amending the 1990 budget for the City of Yakima; and making an appropriation of $18,271 in the Parks & Recreation Fund for expenditure during 1990 for a Social Day Care • Program for Senior Citizens. 17. OTHER BUSINESS Mayor Berndt reminded the Council that Public Disclosure Commission forms are due. She also inquired about a parking lot on Yakima Avenue and Front Street, requesting a clean -up of the property. She was assured by Bob Shampine that this would be taken care of. Information Items: Items of information supplied to Council were: Memorandum from Assistant City Manager regarding'Status of Rebound Plus. 4/5/90; Memo from Association of Washington Cities regarding AWC Municipal Achievement Awards. 3/29/90; Correspondence with Department of Ecology regarding Surface Water Applications and Reservoir Applications. 2/20 & 4/5/90; Memorandums from the Fleet Manager and Code Inspector regarding Refuse Complaint at 704 S. 7th Street. 4/6/90 and 4/5/90; Memorandum from Director of Public Works and Transit Manager regarding UMTA Operating Assistance Grant Application. 3/20/90; Memorandum from City Attorney regarding Damage Claims Referred to Insurance Company. 4/2/90; News Release regarding Detour Routes during construction projects on 16th Avenue at intersections of Yakima Avenue and Tieton Drive, including construction on Tieton Drive between 16th Avenue to 32nd Avenue. 4/6/90; News Release regarding Central Business District Traffic Signalization Completed. 3/31/90; Correspondence between the Federal Aviation Administration and Yakima Air Terminal Board regarding Commendation by the FAA for work performed by the airport maintenance team, Jerry Kilpatrick, Mike Heironimus and John AAD /5 465 APRIL 10, 1990 Hayward. 3/29/90; Monthly Permit Center Report for March 1990; Article from 3/14/90 The Wall Street Journal, "Public Spending for Private Profit "; Article from 3/14/90 Seattle Post - Intelligencer, "Developer Offers County $1 Million for Rezone "; and Agenda for the April 9, 1990 Parks and Recreation Commission meeting and minutes of its March 12, 1990 meeting. 18. EXECUTIVE SESSION REGARDING DISPOSITION OF PROPERTY, PROSPECTIVE LITIGATION, AND COLLECTIVE BARGAINING It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO FXCUTIVE SESSION FOR THE PURPOSE OF DISCUSSING DISPOSITION OF PROPERTY, PROSPECTIVE LITIGATION, AND COLLECTIVE BARGAINING, TO BE FOLLOWED BY IMMEDIATE ADJOURNMENT. The motion carried by unanimous voice vote. Barnett and Beauchamp absent. 19. ADJOURNMENT Following the completion of Executive Session, the meeting adjourned at 3:57 P.M. READ AND CERTIFIED ACCURATE BY: y 0 `nn 4 Ili , MEMBER DATE • 7 / 0 -14Doe, ; C MEP DA ATTEST: A P-0-4-uja) ) (;y ,4 CITY CLERK MAYOR Minutes prepared by Lois Harris - Givens AAD /6