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HomeMy WebLinkAbout06/09/1992 Business Meeting .. 321 CITY OFYAKIMA, WASHINGTON JUNE 9, 1992 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, Councilmembers Clarence Barnett, Henry Beauchamp, Bill Brado, Skip Semon and Bernard Sims present on roll call. Councilmember Lynn Buchanan absent and excused. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Clerk Harris also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Assistant City Manager Rice. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt presented the application to Pat Spurgen and Tony Groger and announced the City, County and City of Union Gap adopted a joint resolution to submit an application to the Washington State Department of Ecology (DOE) to fund water system improvements in the "railroad" contamination area. Mr. Groger thanked the'City and County for their help. City Manager Zais announced the promotion of Community and Economic Development Director Glenn Rice to the position of Assistant City Manager. Mr. Rice first began working for the City in 1972. Mr. Rice thanked the City for their vote of confidence. Mayor Berndt reported she has been asked to make a presentation at the Association of Washington Cities (AWC) conference regarding intergovernmental cooperative relations. Parks and Recreation Manager Flaherty acknowledged the beautification efforts put forth by Senske Lawn and Tree in the downtown area. The additional beautification with flowers and landscaping is above and beyond the contract requirements. Mr. Flaherty introduced Bo Hepler, Manager of Senske. Councilmember Beauchamp requested a solution be sought to relocate the dumpsters across the street from the Capitol Theatre parking lot. Code Inspection Manager Shampine stated this problem is being looked into. 322 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Councilmembers or citizens present. It was the general consensus of the Council to add Item No. 8 and remove Item No. 15. 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 AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote; Buchanan absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. AUDIENCE PARTICIPATION A. PRESENTATION FROM THE AMERICAN LUNG ASSOCIATION REGARDING PROPOSED TOBACCO ORDINANCE Marci Capps, Yakima Program Manager for American Lung Association requested passage of a proposed tobacco ordinance aimed at enforcing restrictions of the sale of tobacco to youth. Ms. Capps remarked that every day 3,000 youth under age 18 start smoking. The American Medical Association estimates that cigarette sales to youth under 18 is 947 million packs per year. Suggestions for protecting youth include, limiting youth's access to vending machines, prohibit free cigarette samples, and banning single cigarette sales. 42% of convenience stores sell single cigarettes at approximately 15 cents each; making easy access to youth. Lung disease is the third leading cause of death today. Brian Cole, representing St. Elizabeth's CAPRI Program, expressed his concern for the relation between heart disease and smoking. Heart disease is the number one cause of death today in the United States; smoking increases this risk two times. The 1989 American Heart Association statistics state 2.3 million youth between the ages of 12 -17 smoke; teenage girls are the largest increase. Mr. Cole asked for the City's assistance in passing this ordinance to benefit our youth. Randy Town, representing the Educational Service District, expressed his concern for the use of tobacco being a gateway to use of other drugs. The majority of high school age tobacco users also use alcohol and /or drugs. Their most recent survey shows an overall increase in use of tobacco by youths. Mr. Town urged the City Council to implement measures to limit youth's accessibility to tobacco. Nancy Rossman, Program Coordinator for Yakima Memorial Hospital, stated 450,000 people in the United States every year die from the effects of smoking and tobacco use. This w 323. .. JUNE 9, 1992 is more than the combined death total of drugs, alcohol, car accidents, suicide, murder, AIDS and fires. She spoke of the negative effect of advertising glamorizing smoking. Children 1/ are the target of tobacco company's advertising because it's a proven statistic that if a person has not started smoking by late teens they probably will not start. Ms. Rossman expressed the need for limiting access of tobacco to minors. Mayor Berndt asked Ms. Capps if the County or any other entities have been approached and what action they would like from the Council. Ms. Capps replied that joint legislation with the County and the_ City is their goal. Councilmember Barnett suggested the County would be the best place to start. He stated he spoke to people operating vending machines and they were more receptive to moving the vending machines than posting more signs. Councilmember Semon expressed the desire for the Council to take an active part in this issue. He suggested a committee of a couple of Councilmembers and possibly a County Commissioner work with the present Coalition and persons in the industry to research possible legislation which will be of benefit. It was the consensus of the Council to initiate'this and also include law enforcement officials. In answer to Councilmember Beauchamp's question, Ms. Capps stated there have been laws passed throughout the State to enforce these restrictions. Clark Kramer spoke representing the newly formed Yakima Gateway Organization `=consisting of businesses in the Yakima /North 1st Street corridor. He commented they are interested in working with the Visionary 2010 Committee. He stated the North First Street businesses are major contributors to downtown Yakima's financial progress. He requested the Council's endorsement for their organization. Councilmember Barnett asked if the organization will work similar to the Northwest Merchants Association; Mr. Kramer replied in the affirmative. Councilmember Beauchamp asked what the organization has in mind for beautifying the North side of Yakima and if this is related to the Mission's desire to locate on North First Street. Mr. Kramer replied there would be additional landscaping furnished along the sidewalks and they desire more motel and recreational facilities. He I/ agreed that the organization is concerned with the Union Gospel Mission issue. The proposed annual dues were discussed. Mayor Berndt asked Parks and Recreation Manager Flaherty to contact Mr. Kramer about possible coordination with the forthcoming Agricultural Showcase, involving North First Street. Ed Harrell, Director of KI -YAK thanked the City for their support of the Agricultural Showcase. Virginia Belcher, TRADEC, gave an update of the status of the upcoming Showcase. Councilmember Barnett requested that public 3 324 JUNE 9, 1992 participation be publicized for interested citizen's benefit. Ms. Belcher stated the last day of the Showcase would be open to the public and this would be advertised. this ex hibi to rs a the buyers will be the major part Exhibitors will be from throughout the State and a few from Oregon. Information was distributed for the Council. Richard Andring, 203 S. 8th Avenue, praised the efforts of the City's refuse workers. He observed them helping each other on their route. He asked the citizens to be aware of them and show their appreciation. He asked for consideration of the dry, weedy lot of the old Fire Station 2. City Manager Zais referred this to Engineering and Rebound. Mr. Andring also asked for consideration of other dry, we areas in the City, which were referred to Mr. Shampine. 6. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM There being no one present wishing to speak to the issue, and Resolution No. D -6129 having been read by title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous roll call vote; Buchanan absent. RESOLUTION NO. D -6129, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 7. REPORT FROM ENGINEERING ON REGARDING FUNDING REQUEST FROM TANDEM CONSTRUCTI WATER Ty Wick, Water and Irrigation Superintendent, was present to answer questions. Councilmember Barnett questioned the possible range SECONDED BY increases. It was MOVED BY BEAUCHAMP, THE REQUEST. Dan Ellingworth, 2610 Hollow Creek Place, stated he is a small contractor trying to develop a small area. He requested financial assistance because of the additional cost created by recent City annexation regulations. He stated he has neighbors interested in being a part of the City LID process. He reviewed the cost of the City sewer for his residence. He reasoned that because the City would have paid part of the cost of the sewer installation, which he was not aware of at the time, he is asking for help funding the LID for water. He is building a total of eight homes, one house at a time. His former plans were to put wells on the lots until the City annexed the area. Councilmember Barnett commented he was concerned because the staff has commented that the City water rates would be raised 1% if this issue is approved. City Manager Zais explained that this was projected as a budget adjustment because this would set a 4 JUNE 9, 1992 precedent for other requests. He also informed the Council that they have the option to make this request an exception. 1/ The Council was concerned about making an exception. City Attorney Vanek explained the "latecomers charge ". In answer to Councilmember Brado's question, Denny Covell explained the option Mr. Ellingworth would have had to recover some of his expenses for installing the sewer at his own expense. Councilmember Semon clarified the issue of homeowners being required to obtain City water. He explained a resident cannot be required to obtain City water, even if they have a contaminated well. Following further discussion, it was MOVED BY BEAUCHAMP, SECONDED BY BRADO, TO TABLE THE MOTION TO DENY FOR TWO WEEKS AND STAFF DIRECTED TO RESEARCH THE OPTION TO PARTICIPATE IN THIS PROJECT ON A QUID PRO QUO AMOUNT WHICH THE DEVELOPER INVESTED IN SEWER EXTENSION. The motion carried by unanimous voice vote; Buchanan absent. *8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH KI -YAK FOR PROFESSIONAL SERVICES RELATING TO THE AGRICULTURAL SHOWCASE RESOLUTION NO. D -6130, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Service Agreement between the City and the Kittitas- Yakima Resource Conservation and Economic Development District (Ki -Yak). *9. CONSIDERATION OF RESOLUTION ;AUTHORIZING EXECUTION OF CONTRACT WITH HANEY FOR RIGHT -OF -WAY SERVICES RESOLUTION NO.. D -6131, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Personal Services Agreement for title confirmation services. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE SALVATION ARMY FOR MILROY PARK RECREATION PROGRAM RESOLUTION NO. D -6132, A RESOLUTION authorizing an agreement between the City of Yakima and the Salvation Army of Yakima, to provide a Summer Playground Program at Milroy Park. *11. SET DATE OF PUBLIC MEETING FOR JUNE 23, 1992 TO CONSIDER THE I/ HEARING EXAMINER RECOMMENDATION ON THE MASTER APPLICATION REQUESTED BY DR. TAYLOR FOR PROPERTY IN THE VICINITY OF ENGLEWOOD AND NORTH 40TH AVENUE June 23, 1992 was set as the date of public meeting on the Master Application requested by Dr. Taylor for property in the vicinity of Englewood and North 40th Avenue. 5 326 JUNE 9, 1992 *12. SET DATE OF PUBLIC MEETING FOR JULY 14, 1992 TO CONSIDER THE HEARING EXAMINER RECOMMENDATION ON THE REZONE APPLICATION REQUESTED BY SUPERCOLD STORAGE FOR PROPERTY AT 2104 -2108 AND 2112 RIVER ROAD July 14, 1992 was set as the date of public meeting on the rezone application requested by Supercold Storage for property at 2104 -2108 and 2112 River Road. *13. APPROVAL OF APPOINTMENTS TO THE BOARD OF APPEALS Jeffrey Louman and Barbara Cline were appointed to the Board of Appeals for an unlimited term. *14. APPROVAL OF MONTHLY VEHICLE ACCIDENT REPORT FOR FEBRUARY, MARCH, APRIL AND MAY 1992 The Monthly Vehicle Accident Report for motor vehicle accidents reviewed by the Accident Review Committee during the months of February, March, April and May 1992 was accepted. 15. CONSIDERATION OF ORDINANCE AUTHORIZING STREET NAME CHANGE OF UNION STREET TO SOUTH 8TH STREET Code Administration Manager Shampine was available for questions. Councilmember Barnett discussed the confusion with Union and S. 8th Street. He does not believe changing the name to S. 8th Street would be sensible, as it would form a "Y". Mr. Shampine commented on the confusion with existing maps. He introduced John Babich, Superintendent for Postal Operations. Mr. Babich commented the post office does not really care what the street is named, just so it has a common name which will make it compatible with the postal service's computer programs. He feels this confusion has to be a problem for 911 also. Maude Scott, 309 Union Street, presented a hand drawn map. Ms. Scott reviewed the problems in the past years with the confusion with this street and three different names being used. She stated she has had to direct police officers and emergency vehicles in the past year to the correct street. She suggested the street be named Union Street. Councilmember Barnett expressed the need for accurate maps. Following further discussion, it was MOVED BY BARNETT, SECONDED BY BRADO, TO NAME THE STREET UNION STREET FROM PINE TO YAKIMA AVENUE, AND NOTIFY AFFECTED PROPERTY OWNERS, AND RESCHEDULE FOR A FUTURE COUNCIL MEETING. The motion carried by unanimous voice vote; Buchanan absent. 6 327 JUNE 9, 1992 - *16. CONSIDERATION OF ORDINANCE ACCEPTING THE HEARING EXAMINER 1/ RECOMMENDATION AND APPROVING THE YMCA MASTER APPLICATION ORDINANCE NO. 3461, AN ORDINANCE relating to zoning; rezoning property located at 102, 104, and 106 North 6th Street in Yakima, Washington from R -3 (Multi - Family Residential) to B -1 (Professional Business); amending the Class 2 use (gymnasium parking lot in the B -1 district); and approving an administrative adjustment for lot coverage, fence height, and site screening standards. *17. SECOND READING OF ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR THE KISSEL PARK WELL PROJECT An Ordinance amending the 1992 Budget and appropriating funds for the Kissel Park Well Project, having been read at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3462, AN ORDINANCE amending the 1992 budget for the City of Yakima; and making an appropriation of $200,000 in the 477 - Domestic Water Improvement Fund for expenditure during 1992 for replacement of the • Ranney Well with a new domestic well and pump house. 18. OTHER BUSINESS ' City Manager Zais reviewed the 0.1% proposed sales tax. It was the general consensus that Mayor Berndt and Councilmembers Semon and Sims, along with Mr. Zais, meet with the County Commissioners to discuss this at noon tomorrow at the Black Angus. Criminal Justice funding will also be discussed. Mayor Berndt reported she received a letter from the State Department of Community Development requesting Council consider an emergency ordinance to ban or restrict fireworks this year. Due to the water shortage and fire danger, they wish restrictions to be for the use of fireworks on the 4th I/ of July only or ban the use entirely for the summer of 1992. City Manager Zais and Mayor Berndt asked for voluntary conservation measures for irrigation and water use. Councilmember Barnett requested a report to clarify the City's water rights. City Attorney Vanek recommended Floyd Ivey to present this information. 7 328 JUNE 9, 1992 Councilmembers Semon and Sims volunteered to work on the tobacco use committee. Information Items: Items of information supplied to Council were: Monthly I/ Service Request Report from Supervising Traffic Engineer for May 1992; Memorandum from Director of Public Works and Street and Traffic Operations Manager regarding Status of 40th Avenue and Arlington. 6/4/902; Invitation to attend "Designs for Town and Country: Pedestrian Pockets and Other Strategies" presentation by Dough Kelbaugh on June 18th; Monthly Elderly Co -Op Report from Office of Housing and Neighborhood Conservation. June 1992; Assignments Pending in Office of Environmental Planning as of June 2, 1992; Minutes of the April 23, 1992 Yakima County Substance Abuse Coalition and monthly reports; and Permit Center Monthly Report for May 1992. 19. EXECUTIVE SESSION REGARDING PENDING LITIGATION It was MOVED BY BRADO, SECONDED BY BARNETT, TO ADJOURN TO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Buchanan absent. 20. ADJOURNMENT Following the Executive Session, the meeting was adjourned at 4:15 P.M. READ AND CERTIFIED ACCURATE BY: / , I , ,1.✓C /'l�° z2-9G t UN ILMEM ER DATE 11 I 7 � 'I . I „ui/I a I I v . ' 5 P C EMBER D' T � ATTEST: / < & CITY CLERK MAYOR Minutes prepared by Clerk Harris 8