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HomeMy WebLinkAbout07/21/1992 Business Meeting 'r. 372. CITY OF YAKIMA, WASHINGTON JULY 21, 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, Council Members Clarence Barnett, Henry Beauchamp, Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Buchanan. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council Member Brado asked if the City can do anything about trees infested with bugs on private property. City Attorney Vanek replied that it is generally a situation of private nuisance between one property owner and another. Oftentimes, the two neighbors will share the expense to spray the tree to deal with the problem. Mayor Berndt gave an update on the Solid Waste Advisory Committee. The reason that no information has been provided is because there has not been a report made available to her. Mayor Berndt extended an invitation for someone to replace her or attend these meetings on her behalf. Council Member Semon asked if a list of proposals under consideration by the Committee might become available, since he had requests for this information from interested citizens. Mayor Berndt will follow through on this request. Council Member Buchanan requested someone attend the EMS Committee Meeting on Wednesday, July 22nd. He cannot attend due to a conflict in his schedule. None of the Council members could attend due to conflicts in their schedules. Council Member Barnett announced he has received a number of complaints regarding a program which appeared on the City's cable channel, and the callers feel it is obscene. He asked if the City could develop some local community standards to review programs before they go on the air. For instance, a program advisory committee makes some type of determination before the program is aired. Currently, the program has to be shown first before anything can be done about it. City Attorney Vanek reported his office is researching the law 37 JULY.21, 1992 . regarding this issue. Any policy that is adopted with respect to creating community standards cannot be done in reaction to a particular program. There is a possibility that the Council could engage in some legislative activity or direct an administrative official to engage in some kind of oversight, which currently is not done. The Legal Department will have an answer to this question regarding the extent of Council's authority within the next couple of weeks. Wendy Warren, Communications Manager, reported she had just returned from a workshop on controversial programming. This is an issue which has been disputed in the courts . for several years. Originally, there were rules regarding "appropriate time /place manner," but the courts ruled that any kind of restrictions prior to programming being aired were not allowed. Currently, the tendency seems to be gravitating toward the sensitivity to protection of children, whereas adult programs are placed in appropriate time slots. 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. Mayor Berndt stated that Item No. 14 ,has been removed from the Agenda for this week. The City Clerk then read the Consent Agenda items, including and ordinances by title. It was MOVED BY SIMS, SECONDED:BY-: THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. 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.) Mayor Berndt referred to Agenda Item No. 6 directing discussion at this time. 6. AUDIENCE PARTICIPATION BRIEFING BY DICK SMITH REGARDING CLEAN AIR ACT /OPEN BURNING POLICY FOR YAKIMA COUNTY. Dick Smith from Yakima County Clean Air Authority discussed the Clean Air Act. Mr. Smith explained that the first Clean Air Act was adopted in 1957 and modified in 1967, but the first major change in the act was in 1991. The Legislature changed standards for auto emissions and pollutants. There is more restrictive use of permits to operating industries that would tend to pollute. 2 374 JULY 21, 1992 One of the most controversial issues of the Act is the provision concerning outdoor burning. The first section says that outdoor burning is prohibited in those areas that exceed or threaten to exceed the state or federal standards for pollutants emitted by outdoor burning. It is difficult to determine what the statute means because there are no state or federal standards for pollutants emitted by outdoor burning (only for air pollutants including smoke, automobile emissions, particulates, dust, pollen, and others). The Department of Ecology has determined there will be no burning in nonattainment areas. In Yakima County the 75 square -mile nonattainment area runs from Union Gap, west to Wiley, north to Eschbach, east to Pomona, and south to Union Gap including Selah. Due to public opposition during a recent public hearing, the DOE may permit agricultural burning in the nonattainment area. Mr. Smith predicts the local Clean Air Authority regulations should be approved by DOE some time in September. These regulations will prohibit burning in the urban zone. Another problem that the Clean Air Authority has been working with is the responsibility for issuing permits for open burning. The Clean Air Authority is to issue permits for agricultural burning for firefighter training. The Department of Natural Resources is charged with the responsibility of issuing permits for silvicultural burning. Local fire protection districts are charged with the responsibility for issuing permits for residential burning and for land clearing operations. However, a number of the fire protection districts object to and will not issue these permits because it is too expensive to administer. This is a difficult and undecided issue. Woodstove use will be prohibited in areas except where the stove is the sole source of heat, and there is no other adequate source of heat. Chlorofluorocarbons have been outlawed for sale to the general public for air conditioning repair. It has to be done by qualified repairmen with certified equipment. Mayor Berndt commented about hiring additional staff to enforce outdoor burning policies when in the future the problem might be solved and the funds would be gone. Council Member Semon stated he didn't believe why in this area the citizens have to suffer all the regulations because of the problems that occur in Puget Sound. Larry Mathews, a Yakima citizen, spoke about the smoke from woodstoves. 3 : r 3 7.5 JULY 21, 1992::.:;:,, 5. PUBLIC HEARING TO CONSIDER ENGINEERING AND UTILITIES SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM (TIP) 1993 -1998 This being the time set for public hearing, Fred French, City Engineer, explained that the priorities were established using the existing funded projects currently under way, including three funded projects consisting of two major areas: one near the freeway, Yakima Avenue and I -82, and the other is First Avenue. There are ten potentially funded projects including several city -wide programs and 41 unfunded projects. City Engineer French responded to the Council's questions. Mayor Berndt opened the public hearing and asked if there was anyone who wished to speak. There being no citizen present to speak, Mayor Berndt closed the public hearing. Resolution No. D -6155, 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 -6155, A RESOLUTION adopting a Six Year Transportation Improvement Program for the period of 1993 through 1998 for the construction of streets and arterial streets in the City of Yakima. 7. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM T ".. Code Administration Manager Shampine reported no changes to the report. There was no citizen present wishing to speak to the issue. Mayor Berndt asked Code Administration Manager Shampine to comment about a letter regarding the area north of Lincoln Avenue where a partially burned building stands. This property is currently not part of the City and Yakima County is responsible for that area. Resolution No. D -6156 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. D -6156, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 4 376 JULY 21, 1992 8. CONSIDERATION OF LEGISLATION REGARDING FIRE DEPARTMENT AERIAL APPARATUS A. RESOLUTION AUTHORIZING EMERGENCY REPAIRS Council Member Barnett asked Assistant Fire Chief Martin to clarify the issue of whether or not this ladder truck could be repaired or not. After taking this vehicle to Seattle for testing, it proved to be quite a viable repair. Council Member Beauchamp asked if this was the tallest rig in the City. This ladder truck is 85 feet tall, with the second tallest being the Ready Tower which is 50 feet tall. Resolution No. D -6157 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. D -6157, A RESOLUTION authorizing emergency repairs to the City's Seagraves snorkel fire fighting truck. B. FIRST READING OF AN ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR $50,000 IN REPAIRS (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1992 budget and appropriating funds for repairs to the City's Seagraves snorkel fire fighting truck, having been read by title only, was laid on the table for one week, until July 28, 1992. *9. REPORT FROM PUBLIC WORKS DEPARTMENT, STREET DIVISION, REGARDING THE STREET SWEEPERS (1992 POLICY ISSUE) The staff recommendation to not proceed with additional funding of a third street sweeper at this time, was accepted. *10. REPORT FROM DIRECT ADMINISTRATORS FOR SUBMISSION OF 1991 HEALTH BENEFITS The report from Direct Administrators on the 1991 Year -end Medical Insurance Report was accepted. *11. APPROVAL OF MONTHLY VEHICLE ACCIDENT REPORT FOR JUNE 1992 The June 1992 Motor Vehicle Accident report was accepted. 12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH STATE DEPARTMENT OF COMMUNITY DEVELOPMENT (DCD) FOR LAW AND JUSTICE CENTER, DEFINING THE CITY'S INTENT TO COMPLETE LAW AND JUSTICE CENTER AND PROVIDE LOCAL FINANCING 5 377 JULY 21: 1992 John Hanson, Director of Finance and Budget, explained that this is the agreement that needs to be signed with the State to be able to receive the $3 million grant for the criminal justice facility. The City needs to pledge that it will come I/ up with a local share to match the state funds to build the facility, and the City needs to pledge that it will operate the facility. Council Member Barnett stated he was in favor of the resolution but has not decided on the issue of lifting the lid on the private utilities. Council Member Brado stated that knowing how this project will be funded is essential before passing a resolution to complete the project. Council Member Buchanan emphasized the fact that the City could give the money back, or the City can proceed on a multi- year project. A proposed source is needed. After further discussion, it was MOVED BY BEAUCHAMP, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The . motion carried by unanimous roll call vote. RESOLUTION NO. D- 6158, A RESOLUTION indicating the City of Yakima's financial commitment to construct and operate a Criminal Justice Facility and authorizing execution of an agreement with the Washington_ State Department of Community Development for access` to'state`' = appropriated grant funds. 13. FIRST READING OF AN ORDINANCE AMENDING THE 1992 BUDGET FOR THE CITY OF YAKIMA; AND MAKING AN APPROPRIATION OF $225,000 IN THE ECONOMIC DEVELOPMENT FUND FOR EXPENDITURE DURING 1992 FOR COMMUNITY AND ECONOMIC DEVELOPMENT. Council Member Brado asked for clarification of this project's funding proposal. City Manager Zais responded to the question by stating this funding was proposed and was pledged to the State agency as meeting our ,matching obligations for the project if it were to go forward. It would also be applicable to go toward the appraisal fee that is yet to be conducted and for the professional consulting services that were retained I/ for this work. City Attorney Vanek explained that the funds in this project have been allocated for the improvement of utilities in a public roadway. An Ordinance amending the 1992 budget and appropriating funds for community and economic development (Yakima Industrial Park project) having been read by title only, was laid on the table for one week, until July 28, 1992. 6 373 JULY 21, 1992 14. RECONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING DELEGATION OF AUTHORITY This item was removed from agenda. *15. FIRST READING OF AN ORDINANCE AMENDING THE 1992 BUDGET FOR THE CITY OF YAKIMA; AND MAKING AN APPROPRIATION OF $61,500 IN THE I/ TRANSIT OPERATING FUND FOR EXPENDITURE DURING 1992 FOR EXTENDED SERVICE FOR THE REMAINDER OF 1992. An Ordinance amending the 1992 budget and appropriating funds for extended transit service for the remainder of 1992 having been read by title only, was laid on the table for one week, until July 28, 1992. *16. FIRST READING OF AN ORDINANCE AMENDING THE 1992 BUDGET FOR THE CITY OF YAKIMA; MAKING APPROPRIATIONS FOR $33,500 FOR PURCHASE OF A POLICE VAN FROM GENERAL FUND /EQUIPMENT RENTAL FUND, FROM UNAPPROPRIATED FUND BALANCES WITHIN THESE FUNDS FOR EXPENDITURE DURING 1992. An Ordinance amending the 1992 budget and appropriating funds for the purchase of a police van for neighborhood policing, having been read by title only, was laid on the table for one week, until July 28, 1992. *17. SECOND READING OF ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR THE SEWER COLLECTION SYSTEM IMPROVEMENT PROJECT An Ordinance amending the 1992 budget and appropriating funds for the Sewer Collection System Improvement Project, having been read by title at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3475, AN ORDINANCE making appropriations for the sewer collection system improvement project from unappropriated fund balances of the 476 Sewer Construction Fund during 1992. *18. SECOND READING OF ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR SUMMER HANDICAPPED DAY CAMP An Ordinance amending the 1992 budget and appropriating funds for a summer handicapped day camp, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3476, AN ORDINANCE amending the 1992 budget for the City of Yakima; and making an appropriation of $18,985 in the Parks and Recreation Fund for expenditure during 1992 for a Summer Handicapped Day Camp. 7 • 3 79 -r m JULY 21, 1992 19. OTHER BUSINESS Mayor Berndt reported she has received compliments on the City's newsletter. Information Items: Items of information supplied to Council were: Letter to Mark Uhlman, M.D., President, Yakima Greenway Foundation, regarding bicycle /pedestrian accommodation for the Gateway Project - -July 10, 1992; Letter to Mike Duval, of The Tin Rhino, from John Vanek, City Attorney regarding delinquent gambling taxes - -July 13, 1992; Monthly Report of the Chief of Police - -June 1992; Quarterly Pretreatment Newsletter for .Regional Wastewater Treatment Facility -- Volume 2, 1992; Yakima Transit Quarterly Report -- Second Quarter, 1992; Employer Training Series announcement regarding working with people with disabilities, 8/6/92 at St. Elizabeth's Hospital; Yakima Valley Conference of Governments Newsletter - -July 1992; Yakima County Substance Abuse Coalition regarding having a Block Party; and Yakima County Substance Abuse Coalition Newsletter. 20. EXECUTIVE SESSION No executive session held. 21. ADJOURNMENT It was MOVED BY BUCHANAN, " SECONDED BY SIMS, TO ADJOURN THE MEETING. The motion carried by unanimous voice vote. The meeting was adjourned at 3:50 .m. READ AND CERTIFIED ACCURATE BY: %� / ' q4.6 ( 6OUNCIt . M :MBER r DATE • NAVA/ , , Oh n v z COUNCIL MEN :ER DATE ATTEST: II ge1.6- CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Skovald 8