HomeMy WebLinkAbout09/08/1992 Business Meeting 444
CITY OF YAKIMA, WASHINGTON
SEPTEMBER 8, 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, Bill
Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on
roll call. Council Member Henry Beauchamp absent and
excused. 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 Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council Member Brado suggested moving Audience Participation
earlier on the Council Agenda. Council members reported that
item has been placed on the agenda at various locations, but
agreed to consider it again.
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 reported that Item No. 8 has been removed from
the Agenda. Items Nos. 10 and 13 were removed from the
Consent Agenda. The City Clerk then read the Consent Agenda
items, including resolutions and ordinances by title. It was
MOVED BY SIMS, SECONDED BY BUCHANAN, 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.)
*5. APPROVAL OF MINUTES OF THE JULY 14, 1992 ADJOURNED MEETING
The Council minutes of the July 14, 1992 Adjourned meeting
was approved, having been duly certified accurate by two
Council members and no one present wishing to have said
minutes read publicly.
6. PUBLIC HEARING ON DRAFT PRETREATMENT SEWER USE ORDINANCE
(CONTINUED FROM 7/28/92)
This being the time set for public hearing, Chris Waarvick,
Wastewater Superintendent, was available to respond to any
questions posed by the Council. He introduced Konrad Liegel,
legal consultant from Preston, Thorgrimson law firm, who was
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SEPTEMBER 8,19.92
also present to respond to any. questions. Mr. Waarvick
stated the ordinance did not distinguish between business and
residential users. That change can be made through the
definition of dischargers. Staff has also met with the major
hospitals to discuss their concerns about the unavoidable
discharge of blood products during surgery, which staff
believes can be addressed.
Council Member Barnett stated his concerns about the
definition of medical wastes and has letters from Yakima
County Medical Society, Yakima Valley Memorial Hospital, St.
Elizabeth Medical Center, and two funeral homes.
Mr. Waarvick stated one concern with funeral homes is that
its waste could be laden with formaldehyde. Mr. Liegel
commented that the definition of medical wastes is not
required by Federal law, however, it is addressed because of
EPA concerns over what could happen once it goes to the
system.
Mayor Berndt opened the public hearing. Neal Coffey, 1110
North 20th Avenue, Yakima Steel Products, questioned if there
is a problem with the chemicals in his plant, or was this
category included by EPA to avoid any problems. Mr. Waarvick
stated there is no - particular problem; they are concerned
about the discharge of elevated levels of zinc. Bruce Bates,
Assistant Wastewater Superintendent, interjected that their
concerns also include,,elevated =levels of copper and lead.
Mr. Waarvick commented that one of the things they are trying
to avoid is the burning of sludge which is extremely costly.
Mr. Coffey stated he would like staff to certify that his
water is clean, and then leave him alone. Mr. Waarvick
stated that staff would inspect Mr. Coffey's business and
then leave him alone unless his business practice changes
significantly. Steve Larson, 11006 Summitview Extension,
stated he works for Shields Bag and Printing, who was also
listed as an SIU. He stated he would like to see some
testing of their system for toxins before they have to comply
with this ordinance. He commented that if they do any
pretreatment, which is expensive, then the City should
compensate them for doing that. He read and submitted a
I/ letter from Amoco Foam. He explained his business and stated
he would like to be exempt from this ordinance. Mr. Waarvick
stated that the City's discharge permit requires the. City to
inspect these businesses. After the inspection, we have an
opportunity to get them off the list. Council Member Barnett
stated that there is nothing in the ordinance that says that
if the City finds them clean, they can be saved from many of
the reporting requirements that is required in the ordinance.
Patrick McCarthy, A & B Plastics, 50 W. Arlington, expressed
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SEPTEMBER 8, 1992
concern as an employer in Yakima; most employers don't like
to be regulated. He stated these new regulations will cause
some people problems. He doesn't feel his company is an SIU
as defined in the ordinance, which should come to light
during the inspection. Rick Bonner, 703 Doherty Place,
Cascade Quality Molding, stated his company uses a geothermal
well system for cooling their machines. We feel our
classification is unfair and unnecessary, and therefore,
would like an exemption. Council Member Barnett introduced
and circulated the letters previously mentioned. There being
no other citizen wishing to speak at this time, the public
hearing was closed. Mr. Waarvick stated that EPA said to
check these categories and check their discharges. Council
Member Barnett stated he would like to see the human blood
and blood by- products removed from the definition of medical
wastes, although he is not sure it can be removed entirely,
due to Mr. Waarvick's comments on funeral homes. Suggestions
were made on how this request could be accommodated. Council
Member Barnett referred to Section 7.65.090 E on page 24,
line 23, commenting if that is not our intention, then the
ordinance should be changed: Mr. Waarvick stated that could
say "new interceptors ". Council Member Barnett stated he has
a problem with the City Manager or his designee performing
the administrative hearing to determine if there is a
violation. He thought it should be conducted by someone with
some expertise in the industry. City Manager Zais suggested
that the person could be given the opportunity to appeal the
Administrative decision to the Council, before having to take
the issue to court. It was the general consensus of the
Council to accept the City Manager's suggestion and the
changed definition for blood and blood by- product. Council
Member Semon stated he would not want to adopt an ordinance
that regulates more than state or federal law requires,
unless it is shown to be necessary. City Attorney Vanek
commented that one purpose for this ordinance is to spell out
the regulations so people will know if they are in violation.
7. AUDIENCE PARTICIPATION
Ken Johnsen, Yakima Interurban Lines Association member,
spoke about the Yakima Trolley ISTEA grant application. He
stated he has a letter from the Yakima Center Convention
Board which states their records indicate over 71% of people
riding the trolleys are from out of town. He reported he was
notified this morning by the Office of Archives and Historic
Preservation the YVT Railroad is on the National Register of
Historic places. He outlined the rehabilitation work which
would be done on the system if the grant is approved. He
requested Council appropriate $32,049 from the Trolley Fund
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SEPTEMBER 8, 1992.
that could be used as matching money for the $205,000 ISTEA
grant. He further requested the City work with them to get
this application done because the application is due
September 15th. Council Member Semon inquired if this puts
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the City in conflict with the other ISTEA application. Mayor
Berndt stated the City has filed an ISTEA application in
connection with the Greenway for matching funds for
coordination with bike /pedestrian plan for the I -82
interchange. Jerry Henderson, Yakima Interurban Lines
Association, stated these two applications are in different
classifications. This is historic preservation and the other
is foot pedestrian enhancements. Mayor Berndt requested
staff to investigate that and if that is the case, then lend
some support to the group and then authorize the funds.
Mr. Johnsen gave some brief historic facts about the YVT. It
is the last example of electric railroad. In order to
continue to be an interurban railroad, it needs to extend
into Selah. Although Selah is planning a roadway
enhancement, he doesn't think the tracks should be
eliminated. He stated the wye in Selah is necessary to
maintain the trolleys.
Richard Andring, 203 S. 8th Avenue, asked which budget has
funds for sidewalk= repairs. City Manager Zais stated it
would come from the Streets budget. Mr. Andring reported a
sign at Lions Park states that it is under the jurisdiction
of the School District from 8 -5.�- Council Member Sims stated
the sign does not exclude citizens from using the park; it
allows the school to patrol the park. Mayor Berndt referred
this issue to staff to review the verbiage on the sign.
Mr. Andring also expressed his opinion that the lighting
project at Larson Park Tennis Courts has been poorly handled
because some wires cut by City personnel will cause them to
have to be replaced instead of repairing them. Mayor Berndt
requested a staff report. Mr. Andring also questioned the
practice of sealcoating his residential street. Mayor Berndt
stated the residential streets are sealcoated once every 7 -8
years to protect the street. Mr. Andring stated the streets
aren't sealed, since the weeds still come up through the
asphalt. He also commented that the Yakima Interurban Area
I/ Lines' property needs to be cleaned up. He was advised by a
YILA member that the property was cleaned up last weekend.
8. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION
AND DEBRIS PROGRAM
This item was removed from the agenda.
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*9. CONSIDERATION OF RESOLUTION DECLARING A STEAMER SURPLUS
PROPERTY
RESOLUTION NO. D -6184, A RESOLUTION declaring one used
steamer surplus and without value and authorizing its
transfer to the Union Gospel Mission.
10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF RENEWAL
AGREEMENT WITH SCOTT WETZEL FOR WORKERS' COMPENSATION CLAIMS
ADMINISTRATION
Following a discussion regarding the proposed fee increase,
it was MOVED BY BRADO, SECONDED BY SEMON, TO GO ON A MONTH°
TO -MONTH BASIS AND GO OUT FOR BID. The motion carried by 4 -2
voice vote; Barnett and Buchanan voting nay; Beauchamp
absent.
*11. APPROVAL OF MONTHLY VEHICLE ACCIDENT REPORT FOR AUGUST 1992
The Monthly Vehicle Accident Report summarizing vehicle
accidents reviewed by the Accident Review Committee during
the month of August 1992 was accepted.
*12. APPROVAL OF RIGHT -OF -WAY USE PERMIT APPLICATION FOR YAKIMA
HARDWARE COMPANY FOR CHAIN LINK FENCE
The Right -of -Way Use Permit requested by Yakima Hardware
Company to retain a chain link fence with wire razor top
installed around its lot between East Pine Street and Front
Street was approved.
13. CONSIDERATION OF ORDINANCE AMENDING THE SIGN CODE REGARDING
POLITICAL SIGNS IN THE RIGHT -OF -WAY
Council Member Barnett stated the Regional Planning
Commission is going to review the entire scope of signs. His
concern is that the use of the word "temporary" political
signs in this ordinance raises a question whether there might
not be confusion because in Section 15 of the Yakima
Municipal Code (YMC) political signs is defined and
establishes the time that they can be posted and must be
removed. Another Section of 15 YMC defines temporary signs
and their term limit, etc. and what is differs from
political signs. You would get the same effect by deleting
the word "temporary" and just saying political signs. Mayor
Berndt expressed concern that the ordinance leaves the City
in a position of liability to have people deciding for
themselves what is safe and not safe. Another concern of
Council Member Barnett is that there would be one section of
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SEPTEMBER 8, 1992,.
the Code which would be effective 30 days after its passage,
but another section of the Code reads just the opposite and
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it can't be changed until after it has gone through the
process of the Regional Planning Commission. Mayor Berndt
stated she would like discussion on the liability factor. It
was MOVED BY BRADO, SECONDED BY SIMS, TO TABLE THIS UNTIL THE
22ND. The motion carried by unanimous voice vote; Beauchamp
absent.
*14. CONSIDERATION OF ORDINANCE APPROVING REVISION TO CHESTNUT
GROVE SUBDIVISION PLAT AND APPROVING CLASS 3 USE FOR PROPERTY
LOCATED IN VICINITY OF 50TH AVENUE BETWEEN CHESTNUT AND
SUMMITVIEW
ORDINANCE NO. 3486, AN ORDINANCE approving revision of the
previously approved Chestnut Grove subdivision on 50th Avenue
between Chestnut and Summitview, approving Class 3 uses in a
R -2 zone, reaffirming previously granted adjustments of front
and side yard setback adjustments, reaffirming prior approval
of a retirement home, and revising North 50th Avenue by
narrowing the street to limit use of the street by other than
passenger vehicles.
*15. SECOND READING OF ORDINANCE AMENDING THE 1992 BUDGET AND
APPROPRIATING FUNDS FOR AFTER - SCHOOL RECREATIONAL PROGRAMS
FOR YOUTH
An Ordinance amending the 1992 budget and appropriating funds
for after - school recreational programs for youth, having been
read by title only at the previous meeting, was brought
before the Council for a second reading.
ORDINANCE NO.3487, AN ORDINANCE amending the 1992 budget for
the City of Yakima; and making an appropriation of $27,020 in
the Parks .& Recreation Fund for expenditure during 1992 for
continuation of the. After School Recreation Program for
Youth.
16. OTHER BUSINESS
1/ None.
Information Items:
Items of information supplied to Council were: Letter from
Yakima County Substance Abuse Coalition expressing
appreciation for support of City parks and recreation.
9/2/92; Memorandum from Director of Public Works and
Supervising Traffic Engineer regarding July 1992 Monthly
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SEPTEMBER 8, 1992
Citizen Request Report. 8/5/92; Hearing Examiner September
14 & 15, 1992 Agenda; Agenda for September 15, 1992 Local
Review Board for Special Valuation of Historic Properties
meeting; Permit Center Monthly Status Report for August 1992
(revised); Assignments Pending in Office of Environmental
Planning as of September 8, 1992; Memo from State Department
of Health regarding The Growth Management Act and Drinking
Water. 8/19/92; Agenda for September 16, 1992 Yakima Valley
Conference of Governments General Membership meeting and
minutes of its May 20, 1992 meeting; agenda for September 21,
1992 'Yakima Valley Conference of Governments Executive
Committee and minutes of its August 17, 1992 meeting; Letter
from Department of Ecology regarding dates for informational
meetings. 8/27/92; DOE Draft State Revolving Fund Intended
Use Plan FY 93. 8/92; Agenda for September 3, 1992 Yakima
Housing Authority Board meeting; In Our Scope newsletter
from New Vision. September 1992; Bonneville Power
Administration Journal. September 1992; and Yakima Valley
Conference of Governments newsletter. September 1992.
17. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION
Pending litigation was added as a topic of executive session.
It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO
EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROSPECTIVE
AND PENDING LITIGATION, WITH IMMEDIATE ADJOURNMENT
THEREAFTER. The motion carried by unanimous voice vote;
Beauchamp absent.
18. ADJOURNMENT
Following the conclusion of the executive session, the
meeting adjourned at 5:00 P.M.
READ AND CERTIFIED ACCURATE BY: ti �.
COUNCIL MEMB DATE
‘0 �� 2 1
C . F, 'MBER SATE
ATTEST:
CITY CLERK MAYOR
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