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HomeMy WebLinkAbout02/05/1985 Study Session 488 FEBRUARY 5, 1985 STUDY SESSION The City Council met in session on this date at 2:00 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Barnett, Pat Berndt, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael, Jerry Foy and Jack Sparling. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Carmichael stated she has observed several itinerant merchants conducting business - within the City limits and questioned whether or not they have obtained a business license or permission to operate within the City limits. City Manager Zais stated the matter would be researched by staff and the information brought back to Council. 2. RECONSIDERATION OF BUDGET POLICY ISSUE REGARDING RESERVOIR ROAD DWELLING REHABILITATION Ty Wick, Water Division Superintendent, responded to questions regarding this issue. After a brief discussion, it was MOVED by Buchanan, seconded by Sparling to move this item down under Current Study Session Items to become Item No. 8a. Unanimously carried by voice vote. 3. REPORT FROM DEPARTMENT COMMUNITY & ECONOMIC DEVELOPMENT REGARDING THE RIGHT-OF-WAY VACATION POLICY Assistant City Manager Stouder stated Council recently requested staff research the right-of-way vacation policy and bring this information back to Council for review. A copy of staff's findings was included in the Council packets indicating the policy was established in 1976. Council member Foy stated Council recently processed two right-of-way vacations which indicated the procedure warranted review to ensure the City's investment in sidewalks and curbs is being reimbursed. He stated if the property is to be used as business property, the appraisal should indicate this rather than being appraised as residential property. Following further discussion it was MOVED by Buchanan, seconded by Sparling, to move this item down under Current Study Session Items to become Item No. 8b. A brief discussion ensued regarding the definition of "appraised value, - after which the question was called for a vote on the motion Unanimously carried by voice vote. 4. EXECUTIVE SESSION It was MOVED by Buchanan, seconded by Beauchamp, to move into executive session for the purpose of discussing disposition of property. Unanimously carried by voice vote. BUSINESS MEETING 5. ROLL CALL At 3:00 p.m., the Council members commenced the regular meeting, Mayor Barnett presiding, Council members Beauchamp, Berndt, Buchanan, Carmichael, Foy and Sparling present on roll call. City Manager Zais, City Attorney Andrews, City Clerk Roberts and Deputy City Clerk Toney II/ also present. 6. INVOCATION The Invocation was given by Council member Foy. Mayor Barnett presented a proclaimation to Katherine Donner proclaiming the month of February as Adoption & Foster Care Month. FEBRUARY 5, 1985 489 7. CONSENT AGENDA Mayor Barnett referred to the Items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Council member Carmichael requested that Item No. 13 be added to the Consent Agenda. It was the general consensus of the Council that the addition of Item No. 13, as requested, be made. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Buchanan, seconded by Sparling, that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under on motion without further discussion.) 8. CURRENT STUDY SESSION ITEMS II/ a. Item No. 2 It was MOVED by Foy, seconded by Berndt, to adopt staff's recolmendation on the Reservoir Road residence only. Unanimously carried by voice vote. b. Item No. 3 It was MOVED by Foy, seconded by Buchanan, to amend Resolution No. D-3532 to provide for an outside appraisal on vacations of property where the County Assessors value exceeds $4,000 and the appraisal takes into consideration public improvements based on their original or depreciated value, as may be appropriate in the judgement of the appraiser. Unanimously carried by voice vote. ,*9. APPROVAL OF COUNCIL MINUTES The Council minutes of January 9, 14, 15, and 22, 1985 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 10. AUDIENCE PARTICIPATION Rev. David Ozanne, 3203 Powerhouse Road, requested Council consider adopting an ordinance (similar to Seattle) which would impose a fine equivalent to the fine provided for by the RCW upon all local boards of health, health authorities and officials, officers of state institutions, police officers, sheriff's constables and all other officers and employees of the state or any county, city, or township thereof, for failure or refusal to enforce any part of the WAC code, a fine of not more than $50 upon the first conviction and not less that $100 upon the second conviction. He stated this is provided for in the RCW for those who do not enforce the law, however, there is no fine provided for those who refuse to abide by the RCW. He stated Council should take into consideration a fine equivalent to what the officers and city officials can be fined for failure to enforce the RCW. He added he would like to see Council attempt to find a means of enforcement of the no smoking ordinance as provided for by the Board of Health which states the establishments shall be posted with no smoking signs which are conspicuous. No action was taken on the issue. 11. HEARING ON MEMORIAL HOSPITAL REZONE, 2811 TIETON DRIVE This being the time set for the hearing on a rezone application requested by Yakima Valley Memorial Hospital, for property located at 2811 Tieton Drive, and the hearing procedure having been reviewed, the Mayor opened the hearing for testimony. Don Skone, Associate Planner, gave a brief overview of the project stating a right-of-way vacation has also been requested, however, that portion of the hearing will be held at a later date. Mr. Skone indicated the proposal is to utilize these eight lots for a 155 space parking facility to serve MeniOrial Hospital. The project will be done in two phases. Dave Frankland, Knipper Dunn Architects representing the hospital, was present to respond to inquiries by Council. There being no other citizen present wishing to speak either for or against the proposed rezone, the hearing was declared closed. It was MOVED by Foy, seconded by Berndt, to approve the planned development as outlined in the staff report. Unanimously carried by roll call vote. 490 FEBRUARY 5, 1985 Resolution D-5078 having been read by title, it was MOVED by Buchanan, seconded by Carmichael, that the resolution be adopted. Unanimously carried by roll call vote. RESOLUTION D-5078, A RESOLUTION fixing the time and place for hearing on a petition for vacation of a portion of South 29th Avenue withing the City of Yakima. 12. HEARING ON RESOLUTION OF INTENTION TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 1035, VAN WECHEL SEWER DISTRICT This being the time fixed for the hearing on Local Improvement District (L.I.D.) No. 1035, Van Wechel Sewer District, the Mayor opened the hearing for testimony. Rita Germunson Office Engineer, gave a brief background report regarding the proposed L.I.D. and answer inquiries by Council members. Mr. Leonard Sherry, 204 South 69th Avenue, Eldon Loewe, 210 South 69th Avenue, John Hagedorn, 208 South 69th Avenue, and Vernon Horner, 412 South 68th Avenue, appeared before Council giving their reason for supporting the proposed L.I.D. Cecil Lambert, 211 South 68th Avenue, opposed the proposed L.I.D. stating he and his wife are on a fixed income and do not wish to have their property encumbered due to the L.I.D. There being no other citizens present wishing to speak either for or against the L.I.D., the hearing was declared closed. Ordinance No. 2841 having been read by title, it was MOVED by Foy, seconded by Carmichael, that the ordinance be adopted based upon the facts and findings of the hearing. Mayor Barnett requested clarification on the "preliminary assessment of $2,900 per parcel except the following." Rita Germunson stated there were two methods of computation used, one being an equal share method, and the other a combination of a flat rate and a square foot basis and elaborated on the reasoning for this. The question was called for a vote on the motion. Unanimously carried by roll call vote. ORDINANCE NO. 2841, AN ORDINANCE providing for the improvement of certain property by constructing a pipe sewer with the necessary wye branches and manholes; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. *13. CAPITOL THEATRE YEAR-END REPORT The report from The Capitol Theatre dated January 25, 1985, concerning the 1984 operations of the Capitol Theatre was accepted and approved. 14. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS It was MOVED by Buchanan, seconded by Beauchamp, to confirm the City Manager's recommendation of Daniel Speer to the Board of Adjustment. Unanimously carried by voice vote. It was MOVED by Beauchamp, seconded by Buchanan, to appoint Barbara Henson to the Utility Rate Advisory Board. Unanimously carried by voice vote. It was MOVED by Beauchamp, seconded by Buchanan, to accept the Mayor's recommendation of Gary Bickley to the Board of Appeals. Unanimously carried by voice vote. It was MOVED by Beauchamp, seconded by Foy, to reappoint Richard Flathers, II/ and nominate Paul Horne and Julia Blesio to serve on the Traffic Safety Advisory Committee. Unanimously carried by voice vote. Council member Carmichael stated the committee met regarding the vacancies on the Parks and Recreation Commission. She stated there are more applications which have not been received yet, therefore, requested to make the appointments on February 19th. Regarding recomendations to the Community Program Advisory Commission, Council member Carmichael recomme- nded Eric Mould as replacement for Ermelindo Escobedo, Lisa Lundeen as a replacement for Robert Plumb, and Ken Messer as a replacement for Linda Dobbs. It was MOVED by Carmichael, seconded by Beauchamp, that the recommendations be confirmed. Unanimously carried by voice vote. Council member Foy indicated the committee is not ready to make recommendations for appointment the Human Relations Commission. *15. RESOLUTION CALLING FOR PROPOSALS FOR THE CITY'S LEGAL ADVERTISING RESOLUTION NO, D-5079, A RESOLUTION prescribing a form of contract for printing and publishing city legal advertising: and directing publication of a call for proposals therefor. FEBRUARY 5, 1985 491 *16. RESOLUTION ADOPTING A SCHEDULE OF FEES FOR RECREATIONAL ACTIVITIES RESOLUTION NO. D-5080, A RESOLUTION adopting a schedule of fees for recreational activities of the City of Yakima Department of Public Works, Division of Parks and Recreation. . . *17. DISPOSITION OF DAMAGE CLAIMS a. Resolution Authorizing Payment to George Sanford RESOLUTION NO. D-5081, A RESOLUTION authorizing the payment of $145 to George L. Sanford in full settlement of a claim for damages filed with the City of Yakima. b. Resolution Denying the Claim Filed by Tom Mullins RESOLUTION NO. D-5082, A RESOLUTION denying the claim of Tom Mullins filed with the City of Yakima. *19. APPROVAL OF RIGHT-OF-WAY USE PERMIT FOR YAKIMA CEMENT PRODUCTS The right-of-way use permit requested by Yakima Cement Products to construct an eight foot security fence in the vicinity of 1202 South 1st Street was approved. *20. APPROVAL OF OUT-OF-STATE TRAVEL FOR BRUCE CREST The out-of-state travel for Bruce Crest, Cable Communications Coordinator, to attend the National Association of Telecommunications Officers & Advisors (NATOA) in Washington D.C., March 21-26, 1985 at no cost to the City, was approved. *21.LEGISLATION RELATING TO AFSCME COLLECTIIVE BARGAINING CONTRACT a. Resolution Authorizing Execution of Collective Bargaining Agreement RESOLUTION NO. D-5083, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a collective bargaining agreement for calendar years 1985 and 1986 with 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 ORDINANCE NO. 2842, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective JanuAry 1, 1985; amending Sections 2.20.100 and 2.20.110 of the City of Yakima Municipal Code. c. Ordinance amending the Yakima Municipal Code Relating to Special Assignment Pay ORDINANCE NO. 2843, AN ORDINANCE relating to City personnel; providing for special assignment pay; amending Subsection 2.20.088B of the City of Yakima Municipal Code; and declaring an emergency. *22. ORDINANCE REZONING PROPERTY AT 40TH AVENUE & SUMMITVIEV REQUESTED BY INLINE CONSTRUCTION ORDINANCE NO. 2844, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property at the intersection of 40th Avenue and Summitview Avenues from B-1, Modified Business Zone and R-2, Two-Family Zone to Planned Development Zone. *23. ORDINANCE .RELATING TO CEMETERY FEES AND CHARGES ORDINANCE' NO. 2845, AN ORDINANCE, relating to public services and utilities; specifying fees and charges for property and services at Tahoma Cemetery; and amending Subsection 7.04.090 (b) of the City of Yakima Municipal Code. 492 FEBRUARY 5, 1985 *24. ORDINANCE RELATING TO REMOVAL OF PARKING METERS ORDINANCE NO. 2846, AN ORDINANCE relating to traffic control: defining the authority of the City Traffic Engineer: requiring the recording and reporting of parking violations: regulating parking on certain streets: amending Sections 9.15.110, 9.15.140, 9.50.060, 9.50.070, 9.50.090 and 9.50.095 and repealing Sections 9.15.130, 9.15.150, 9.15.160, 9.50.170, 9.50.180, 9.50.190, 9.50.200 and 9.60.100, all of the City of Yakima Municipal Code. 25. OTHER BUSINESS RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT Dave Rhodes, Director of Public Works, indicated this is a resolution authorizing execution of an Intergovernmental Agreement with Seattle for the purchase of police vehicles. Resolution No. D-5084 having been read by title, it was MOVED by Carmichael, seconded by Buchanan, to adopt the Resolution. Unanimously carried by roll call vote. RESOLUTION NO. D-5084, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the City of Seattle for purchasing police vehicles. Assistant City Manager Stouder distributed materials relating to the Urban Area Zoning Ordinance indicating Council members should review the material prior to the public hearing February 6th, 1985 at the Convention Center. Council member Carmichael directed Council's attention to the graduation announcement in the council packet. She stated the Yakima Police Department has five Reserve Officers graduating from the Police Training Acadamey in Toppenish this evening, and felt this particularly noteworthy. Mayor Barnett stated an alternate representative is needed to attend the Yakima Valley Transit meeting to be held on February 20th at 8:00 a.m. Council member Foy volunteered to attend the meeting as alternate. Information Items: Items of information supplied to Council were: Letter from City Manager of Toppenish regarding potential reduction in liquor tax and profits revenues. 1/30/85: Letter from Mr. & Mrs. Bonholzer regarding the proposed Yakima Urban Area Zoning Ordinance. 1/28/85; Memorandum from Transit Manager regarding status update on new transit coaches. 1/23/85; Memorandum from the Director of Engineering & Utilities and the City Engineer regarding Engineering Division news briefs. 1/31/85: Letter from Supervising Traffic Engineer to several residents in vicinity of Browne Avenue regarding traffic problems in that neighborhood. 1/21/85; Letter from General Manager, Cox Cable Yakima, re: cable franchise, 1/16/85; Yakima Transit Monthly Operations Report for December 1984: Minutes of the January 3, 1985 Civil Service Commission meeting: Minutes of the January 16, 1985 Yakima Center Advisory Conndssion meeting, and Minutes of the January 3 & 10, 1985 Planning Commission meetings. 26. ADJOURNMENT There being no further business to come before the Council, it was MOVED by Beauchamp, seconded by Buchanan, to adjourn this meeting at the hour of 4:15 p.m., to then meet again on February 6, 1985 at 7:30 p.m. in the Convention Center. Unanimously carried by voice vote. ( n READ AND CERTIFIED ACCURATE (/ `0 Yu 0 Y...1W1 OUNCJL MEMBER - DATE ' 1 '‘ ) C ‘ COLTNC I L MEMB d \ IRATE \ ATTEST: / CITY CLERK MAYOR