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HomeMy WebLinkAbout05/22/1990 Business Meeting 4 95 MAY 22, 1990 CITY OF YAKIMA, WASHINGTON • 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, Skip Semon and Bernard Sims present on roll call. City Manager'Zais, City Attorney Vanek, City Clerk Roberts and Clerk Givens also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was given by Council member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER • .Mayo Berndt thanked the new Northeast Yakima Neighborhood Association for a box of homemade cookies. The Council was invited to an Association potluck at Miller Park on June 9, at 5:00 P.M. Mayor Berndt announced that Colleen Bagnel of KIMA and Paula Newton of KAPP are leaving Yakima and wished them well. The Mayor gave a report on 'her visit to Washington D.C., stating that the City and the State are doing a good job of community mobilization and working together. She stated the Federal policy is basically "empowerment ", which is empowering communities to work together. The Mayor, Council member Beauchamp and Assistant City Manager Stouder, had successful meetings with Congressmen Morrison and Adams and Senator Gorton. The Bill for Drug Disaster Relief is on a fast track in the Senate and should pass before the end of the Session, but House action is uncertain. 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 being none, 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. (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 APRIL 10, AND MAY 1, 1990 ADJOURNED MEETINGS, AND MAY 8, 1990 ADJOURNED AND REGULAR MEETINGS The Council minutes of April 10 and May 1, 1990 adjourned meetings and May 8, 1990 adjourned and regular meetings 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 Rhonda Matzke, 1411 Jefferson, spoke about laws related to financial aid. She said if a person is going to school, trying to get a better education to improve their life, they are then either totally or partially removed from financial aid and unemployment compensation; because they aren't actively pursuing work at that time. She feels this is unfair and appealed to the Council for help. Mayor Berndt advised Ms. Matzke that this is a State law and advised her to contact the proper State legislators. Richard Andring, 203 S. 8th Avenue, told Council that he believes the parcel number listed on the application for Class 2 Review for the Unity Recovery Service Club (URS) is incorrect; therefore, the address listed would be incorrect. He was advised that staff will - research.this and make any necessary corrections. AAD /1 496 MAY 22, 1990 Gladys Rodman, 314 N. Naches Avenue, a Naches House tenant, advised the Council that a vacant house across the street from her home is being used by homeless individuals. She and other residents are afraid there will be a fire in the building. Code Manager Bob Shampine stated that the City is aware of the property, and the problem will be handled through the Rebound Plus Program. 7. PUBLIC MEETING ON RIGHTS -OF -WAY VACATION OF ALLEYWAYS IN THE VICINITY OF 5TH AVENUE AND "I" STREET, REQUESTED BY CREST LINEN This being the time set for the public meeting, Joan Davenport, Associate Planner, reviewed a map of the Crest Linen area and explained the vacation request. Council member Barnett questioned . the access easement for clean -out purposes. Ms. Davenport stated there would be no need for access. Mayor Berndt opened the public meeting and asked if there was anyone present to speak regarding the vacation. There being' none, the Mayor then asked that Council members declare any outside contact. There being none, it was MOVED BY PECHTEL, SECONDED BY BUCHANAN, TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous voice vote. 8. PUBLIC MEETING ON APPEAL OF CLASS 3 DECISION BY THE HEARING EXAMINER FOR ROBERTSON ELEMENTARY SCHOOL This being the time set for the public meeting, Planning Manager Don Skone explained the decision by the Hearing Examiner on Robertson School and the installation of a traffic light at 28th Avenue and Lincoln. Mayor Berndt opened the public meeting for discussion in favor of the appeal. Rocky Jackson, Menke & Jackson, stated that Yakima School District requests deleting 3F, which states that Robertson School be financially responsible for installing a pedestrian light at 28th Avenue & Lincoln, whether now or in the future. The District feels the traffic light is needed more from the traffic problem rather than the school being the cause of this need. He stated that if the School District was not involved that the signal would still be warranted. Therefore, they feel it should not be the financial obligation of the District. Larry Petry, Yakima School District Assistant Superintendent, stated the issue of the traffic light did not come up in three previous hearings. He said all of the Robertson School growth is coming from the Castlevale area to the north, and no additional students come across Lincoln at the 28th Avenue crossing. He stated the School District has mitigated all responsibilities for the construction of the school. The school has reached the Maximum enrollment of 540 students, without any possibility of additional students using the 28th Avenue and Lincoln light. Mayor Berndt asked for anyone wishing to speak in opposition' of the appeal. Robert Van Dyke, 217 N. 29th Avenue, spoke in opposition. He stated the light is definitely needed at 28th Avenue and Lincoln. He disputed Mr. Petry's statement that there are no new students south of Lincoln. He said two families with school age children have moved onto 29th Avenue and are using the crossing. He, felt a light was necessary in that area for the safety of the children. City Attorney Vanek advised the Council that he wished to speak to them in Executive Session before a vote was requested. It was MOVED BY SIMS, SECONDED BY BARNETT, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS THE ISSUE. The motion carried by unanimous voice, vote. Following a brief Executive Session, the Council reconvened at 3:20 P.M. 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 may have had prior to this meeting. There being none and following further Council and staff • discussion, it was MOVED BY BARNETT, SECONDED BY SIMS, TO DELETE 3F FROM THE HEARING EXAMINER'S DECISIONS AND APPROVE THE REMAINING CLASS 3 APPLICATION OF THE YAKIMA SCHOOL DISTRICT. The motion AAD /2 MAY 22, 1990 carried by 5 -2 roll call vote. Buchanan and Pechtel voting nay. The votes were explained because of Council's amendment of the Hearing Examiner's report: Barnett voting aye because the Planning Department found no need for a traffic signal at the present time and no record of the cross walk being needed by anyone other than the School District. Beauchamp voted aye, stating he feels there is a need for the light and it needs to be dealt with in the near future. Berndt voting aye for the technical reasons that it was not discussed in the hearing, but feels it should be discussed in the future with the School District possibly sharing the cost of the light. Buchanan voting nay, stating he did so for the same reasons Barnett stated for voting aye. Pechtel voting nay because he feels the light is needed for the.safety of the children. Semon voting aye for the reason he feels they are legally in the position of having to vote aye, but feels the children's need should be met with School District and City cooperation. Sims voting aye. 9. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM Bob Shampine, Code Manager, stated he had nothing to add. There being no one present to speak to the issue, and the Resolution having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. D -5742, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. • 10. REPORT FROM PUBLIC.<VJRKS DEPARTMENT AND DEPARTMENT OF ENGINEERING AND UTILITIES REGARDING CITIZEN REQUEST FOR STREET IMPROVEMENTS TO 56TH AVENUE AND SCENIC DRIVE Public Works Director Jerry Copeland reviewed street improvements , made since 1909, which were researched by Denny Covell, Director of Engineering. The vast majority of street improvements have been made through LID's, with a large number made by developers. Council member Sims asked Mr. Copeland about an unauthorized agreement made with citizens by a City employee, the late Del Kary. Mr. Copeland felt that it was an honest error, and Mr. Kary simply did not know he was doing something illegal. He felt Mr. Kary was • simply trying to help the citizens. The street in question is one - tenth of a mile in length. The problem with Mr. Kary's proposal was that it would create a drainage problem leaving the City liable for damages. Mr. Copeland and Mr. Covell's recommendation was to use a dust abatement improvement, which was not satisfactory to the 56th Avenue residents. Council member Pechtel suggested treating the street as a private drive -way and allow the citizens to pay for paving. Mr. Copeland replied that this would not be legal according to City codes. City Attorney Vanek explained the legal liability. Following further Council discussion, Mayor Berndt asked for anyone wishing to speak on the issue. Mary Reinhart, 718 North 56th Avenue, stated when she and her husband moved into the area two years ago, she contacted Del Kary about street improvements. She reviewed the options with the Engineering Department and was told an LID would cost approximately $70,000. Since the neighborhood was unwilling to participate, they decided the best option was a double shot bituminous surface; similar to 58th Avenue. Arrangements were made with the III Engineering Department to have the work done in the summer. However, they were told by Mr. Kary that because of priorities the surfacing would have to wait until spring. Since Mr. Kary's death, they have been dealing with Mr. Copeland, and do not feel he has given them a satisfactory solution. They were told the cost for the double shot bituminous surface would be $800 per household. Mr. Copeland stated that he and Mr. Covell felt that Mr. Kary's solution would simply not work because of the proposed drainage ditch. Their concern was that water run off onto the Riehl's property would cause City liability. Mr. Copeland said the drainage ditch would have to be left out if the street was coated. Helen Riehl, 714 North 56th Avenue, felt the neighborhood had a Commitment from the City and because of the death of Mr. Kary, they are now left with- nothing. The neighbors have tried to form an AAD /3 498 MAY 22, 1990 • LID, but because part of the neighbors have their own private roads and an absentee landlord with an orchard, that is not feasible. She feels they are in a Catch 22 situation since the City will not surface the road, and even though the citizens who live on the street are willing to pay to have it done, they 'cannot; because the City codes do not allow it. She stated that they would not be able to receive mail delivery if the street was ,made a private driveway. She does not believe drainage would be a problem since a previous water line break did not create a problem. Frank Klashke, 716 North 56th Avenue, stated he feels that Del • Kary's reason for using this coating was because it had been seal coated like this before and it worked. Mr. Klashke stated the road in question is 500 feet of gravel road, with five homes, dead - ending on a 150 foot embankment. He feels there is a legal question about being promised the improvement by a City official. He stated if Mr. Kary had not died that it would have been finished by now. Council member Semon asked Mr. Copeland if this was true and was answered "Yes ". Mr. Klashke stated that he is aware that there could be a water problem and that they would not assume the liability in the event there was a problem. Mr. Copeland summarized his opinion of the decision which had to be made, stating it would.be an important decision for the Council to make for future reference. According to City code, he said the work could not be done the way Mr. Kary promised. He felt'that no City official has the power to circumvent. City codes. He suggested if it was to be done, it would have to be done by the Council as a policy issue. He stated if it was done in this particular instance, it should be made clear that it not be a precedent, or everyone would be asking for the same special considerations. City Attorney Vanek summed up the City's legal position by stating the City has no binding obligation to the residents, and could be held liable for water damage. Following further Council and staff discussion it was MOVED BY BEAUCHAMP, SECONDED BY BARNETT,, TO INSTRUCT STAFF TO WORK WITH THE RESIDENTS, ON A PARTICIPATION BASIS, TO DEVELOP A WAY TO RECEIVE THE DOUBLE. SHOT BITUMINOUS, NOT INSTALL THE DITCH BUT NOT MAKE A PRECEDENT OF THIS .ISSUE. The motion carried by unanimous voice vote. Mayor _Berndt called for a brief recess. The Council reconvened at 4:40 P.M. Don Brule, 9 N. 65th Avenue, owner of an Office Industrial Park at 720, 730, and 732 N. 16th Avenue, asked Council for help in paving 18th Avenue. He said he spoke to Del Kary about the dust problem, which the Company has had since 1977. In 1986, Mr. Kary agreed to put a double shot bituminous coating on 18th Avenue, which was completed satisfactorily. The present problem is the area; between Willow and Jerome on 18th Avenue. Mr. Brule stated that Rick Chasteen, Administrator of Good Samaritan Nursing Home had been present, but was unable to stay because of the length of the meeting. He read a statement from Mr. Chasteen stating they are expanding in 1990 or 1991 to a $3 Million Retirement Home. In dealing with health issues, they feel controlling the dust problem is a top priority. Mr. Brule said they are willing to form an LID for paving, but have been unable to do so because of low' income housing in the area. He is requesting a double shot bituminous coating for this area. Council member Beauchamp asked if they were willing to pay for the coating. Mr. Brule's answer was "Yes, immediately ". Mr. Copeland informed Council that the price quoted to the residents of 56th Avenue and Mr. Brule were for materials only, not for labor or equipment. Council member Buchanan told Council that Jerome and everything west of 18th Avenue to Willow is County; only the area inside 18th Avenue and Jerome is City. City Manager Zais stated that a Street Utility Bill passed during the past Legislative session needs to be explored in cases such as this. Mr. Brule felt the large amount of taxes paid by himself and other tenants warrants receiving some consideration from the City. Council member Beauchamp felt if the people involved had been promised these improvements and were willing to pay for them, that it is the sensible. thing to do. The consensus of Council was that more information was needed before any decisions were made. Larry Mathews, 805 S. 7th Avenue, stated the area in consideration would be satisfactorily served with a standard two inch; asphalt AAD /4 MAY 22, 1990 4 y • covering, without curbs and gutters. He compared it with an area in Union Gap that he worked on in past years. 11.. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENTS TO THE PARKING LOT LEASE AGREEMENT WITH DIAMOND PARKING AND PARKING FEE SCHEDULE Given the late hour, Bert Tabayoyon, Customer Service Manager, said he would like to open the discussion to questions and stated John Diamond of Diamond Parking was present to respond to questions. Following the reading of the Resolution by title, it was MOVED BY BEAUCHAMP, SECONDED BY PECHTEL, THAT THE RESOLUTION BE ADOPTED. It was MOVED BY SEMON, SECONDED BY PECHTEL, TO AMEND THE RATE CHARGE PER HOUR, TO REMAIN AT 50 CENTS AN HOUR RATHER THAN $1.00 AN HOUR. John Diamond, Diamond Parking, said the proposal. was a package agreement. He stated at present they are only breaking even, not making a profit. Council member Semon asked if he was saying that he would withdraw from the Yakima service if the rate is not increased. Mr. Diamond replied that it was not a "take it or leave it situation ", but that his company had to find a way to make a profit. The consensus of Council was that the City would not make all of the concessions. Putting the parking lot operation out for bids was discussed as a possibility. After further Council discussion concerning parking rates and the possibility of going out for bids, the question was called for a vote on the amendment. The motion carried by unanimous voice vote. The question was called for a vote on the Resolution, as amended. The motion carried by unanimous roll call vote. John Diamond said notice has already been given by his company. He will contact Mr. Tabayoyon to let him know if the agreement is acceptable to his company. RESOLUTION NO. D -5743, A RESOLUTION authorizing . execution of amendments to the Parking Lot Lease Agreement between the City of Yakima and Diamond Parking, Inc. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH PATRICK CONLEY FOR PROFESSIONAL ENGINEERING SERVICES FOR PUBLIC SAFETY SYSTEM UNINTERRUPTABLE POWER SUPPLY • RESOLUTION NO. D -5744, A RESOLUTION authorizing execution of a contract with Patrick L. Conley, P.E.. Consulting Engineer for services related to an uninterrupted power supply system. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH UNION GAP FOR UTILIZATION OF PUBLIC SAFETY COMPUTER SYSTEM RESOLUTION NO. D -5745, A RESOLUTION authorizing and directing the City Manager and the City Clerk .of the City of Yakima to execute a Data Processing Services Agreement with the City of Union Gap for use of the City of Yakima public safety computer system. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE PURCHASING AGREEMENT WITH FIRE DISTRICT NO. 10 . RESOLUTION NO. D -5746, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the Yakima County Fire Protection District No. 10. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE YMCA FOR A SUMMER YOUTH PROGRAM • RESOLUTION NO. D -5747, A RESOLUTION authorizing a contract with the Young Men's Christian Association of Yakima for a summer youth program. *16. CONSIDERATION OF RESOLUTION AUTHORIZING SUBMISSION OF A CASCADE FRUIT PRODUCTS STATE LOCAL DEVELOPMENT LOAN FUND APPLICATION RESOLUTION NO. D -5758, A RESOLUTION authorizing submission of an application to the State of Washington for a Development Loan Fund (DLF) Project on behalf of Cascade Fruit Products. • • AAD /5 500 MAY 22, 1990 *17. SET DATES OF PUBLIC MEETING /HEARINGS: • A. APPEAL BY OBIE OUTDOOR ADVERTISING OF HEARING EXAMINER'S DECISION ON A BILLBOARD AT THE NOB HILL OVERPASS FOR JUNE 19, 1990 June 19, 1990 was set as the date of public meeting on appeal by Obie Outdoor Advertising of Hearing Examiner decision for proposed billboard at Nob Hill overpass. B. ARLINGTON STREET /SOUTH 50 AVENUE ANNEXATION FOR JUNE 26, 1990 June 26, 1990 was set as the date of hearing on the Arlington Street /South 50th Avenue annexation. C. PROVIDENT INDUSTRIES ANNEXATION FOR JUNE 26, 1990 June 26, 1990 was set as the date of hearing on the Provident Industries Annexation. * 18. CONSIDERATION OF LEGISLATION RELATING '10 PAINTED HOUSE NUMBERS ON CURBS: A. RESOLUTION REPEALING ADMINISTRATIVE POLICY PR 201, "PAINTED HOUSE NUMBERS ON CURBS" .. RESOLUTION NO. D -5749, A RESOLUTION repealing Administrative Policy PR 201 - "Painted House Numbers on B. ORDINANCE RELATING TO REGULATIONS AND EXEMPTIONS INVOLVING PAINTING OF HOUSE NUMBERS ON CURBS ORDINANCE NO.. 3272, AN ORDINANCE relating to licenses and business regulation; regulating the painting of lot, business block or house number on curbs; partially exempting curb number painting from business license tax; exempting such activity from the ban on door - to-door solicitation, enacting Subsection 5.56.050D andSection 8.52.070 as a new subsection and section and amending !Section 5.52.050 all of the City of Yakima Municipal Code. * 19. CONSIDERATION OF LEGISLATION RELATING TO DISABLED YOUTH SUMMER PROGRAM: A. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA COUNTY COMMUNITY SERVICES FOR A RECREATIONAL PROGRAM FOR DISABLED YOUTH RESOLUTION NO. D -5750, A RESOLUTION authorizing an agreement between the City and Yakima County for a recreational program for disabled youth. B. FIRST READING OF AN ORDINANCE AMENDING THE 1990 BUDGET AND APPROPRIATING FUNDING FOR A SUMMER RECREATIONAL PROGRAM FOR DISABLED YOUTH (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1990 Budget and appropriating funds for a summer recreational program for disabled youth, was read by title only, and laid on the table for two weeks, until June 5, 1990. 20. OTHER BUSINESS , A. DESIGNATION OF DELEGATES TO AWC ANNUAL,BUSINESS MEETING, i Council members discussed who would attend the annual business meeting of the Association of Washington Cities (AWC). Three members are needed to vote and they will arrange their schedules accordingly. Three names will be submitted as delegates to the AWC Annual Business Meeting, subject to change to accommodate Council member's schedules. City Manager Zais asked as many Council members as possible attend the Senate meeting in Yakima on May 31. Mr. Zais discussed the ideas they will present concerning law and justice issue. AAD /6 501 MAY 22, 1990 Don Skone, Planning Manager, distributed notices of a luncheon meeting on June 4th, 1990 at the Airport Restaurant with County Commissioners. Information Items: Items of information supplied to Council were: Letter from Nob Hill Water Association to its members stating the Association will collect the City imposed B & 0 tax from its city members. 5/8/90; Annexation Status Report. 5/22/90; Memo from Cable Communications Manager regarding Impending Cable Television Rate Changes. 5/9/90; Memo from Cable Communications Manager regarding "Yakima Futures" Video airing on YCTV. 5/10/90; Monthly report of the Chief of Police for April 1990; Letter to Governor Booth Gardner expressing appreciation for $100,000 grant for the Yakima Rebound Rehabilitation Program. 5/15/90; Letter from Forest District Ranger expressing appreciation for assistance from Fire Captain Rick Bowman in checking a possible hazardous materials dump site. 5/14/90; Letter from ICBO Western Washington Chapter supporting appointment of Bob Shampine as Northern Division representative to the Fire and Life Safety Committee. 5/9/90; Article from newspaper, "Supreme Court Says Kansas City Schools Must Levy Taxes to Pay for Desegregation; Legal Department Monthly Report for March 1990; Monthly Reports from Personnel regarding hiring and vacancies as of May 15, 1990; and Agenda for May 21, 1990 Police and Fire Civil Service Commission meeting and minutes of its March 28, 1990 meeting. 21. EXECUTIVE SESSION REGARDING ACQUISITION OF PROPERTY, PENDING AND PROSPECTIVE LITIGATION (COUNCIL MAY RECONVENE IN OPEN SESSION TO CONSIDER ITEM A.) It was MOVED BY PECHTEL, SECONDED BY BUCHANAN, TO MOVE INTO . EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING ACQUISITION OF PROPERTY AND PENDING AND PROSPECTIVE LITIGATION WITH IMMEDIATE RECONVENING. The motion carried by unanimous voice vote. A. CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY (AVAILABLE TUESDAY) The meeting reconvened at 6:00 P.M. Resolution No. D -5751 having been read by title, It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous • roll call vote. RESOLUTION NO. D -5751, A RESOLUTION authorizing the execution of a Purchase and Sale Agreement for property and buildings located at 206 West Pine, Yakima, Washington. • 22. ADJOURNMENT TO MAY 23, 1990 NOON MEETING WITH AREA STATE LEGISLATORS AT THE RED LION (TIETON ROOM) It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO ADJOURN TO MAY 23, 1990 AT NOON AT THE RED LION INN. The motion carried by unanimous voice vote. The meeting was adjourned at 6:10 P.M. • READ AND CERTIFIED ACCURATE BY: ,k acJD OU C ‘MEMBER DATE s2/71� `. COUNCIL M -DATE • . A'r1'I ST: 12.4.4A,t_.) cA4A,c— (4e- 4/2,7,- CITY CLERK M AYOR • Minutes prepared by Lois Harris- Givens AAD /7