HomeMy WebLinkAbout07/21/1992 Business Meeting 'r.
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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COUNCIL MEN :ER DATE
ATTEST:
II ge1.6-
CITY CLERK MAYOR
Minutes prepared by Deputy City Clerk Skovald
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