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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 - 4 41 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 2 442 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 3 .,.,. 4 4 3 F 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 I/ 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. 4 444 SEPTEMBER 8, 1992 *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 5 445 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 I/ 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 6 446 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 7