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Home My WebLink About09/22/1992 Business Meeting 454 CITY OF YAKIMA, WASHINGTON SEPTEMBER 22, 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 Invocation was given by Council Member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council Member Brado stated he believes the sign at Lions Park could be misleading to the public; makes it sound like only the school can use the park during those hours. Mayor Berndt agreed and Dave Flaherty, Parks & Recreation Manager, stated he can change the wording on the sign. A. PROCLAMATIONS (if applicable) October 3, 1992 was proclaimed Vietnam Veterans Day. The week of October 4 -10, 1992 was proclaimed Fire Prevention Week. 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. It was the general consensus of the Council that Item No. 9 be added to the Consent Agenda and Item No. 15 be 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 21, 1992 ADJOURNED AND BUSINESS MEETINGS The Council minutes of the July 21, 1992 Adjourned and Business meetings were approved, having been duly certified 455 SEPTEMBER 22, 1992 accurate by two Councilmembers and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION Doug McIntyre, member of SeaFirst Branch, presented the City with a check in the amount of $47,531.41 which was a bequest from Paul Schumacher. Staff was directed to obtain information on Mr. Schumacher's interests to see if this bequest could be applied to a project fitting his interests. Fire Chief Beeson presented Gwen Johnson and Lupita Parker from OIC, and five young people who were involved in a fire hydrant painting project. Two thousand hydrants were painted (twice because they were painted two colors). Mayor Berndt presented the youth with certificates of appreciation. Glenn Phipps gave Council an update on the results of the Ag Showcase and expressed appreciation to the entire City of Yakima. There were 169 exhibitors and over 100 buyers. Although all the information indicates there should be another Ag Showcase in 1993, at this point, that decision has not been made. Richard Andring, 203 South 8th Avenue, referred to a memorandum in the Council packet regarding the lighting at Larson Park Tennis Court, expressing his opinion regarding replacement of the cables. 7. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS PROGRAM Bob Shampine, Code Administration Manager, stated he has nothing to add to the report and knew of no citizen present wishing to speak to this issue. Resolution No. D -6187 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous roll call vote. RESOLUTION NO. D -6187, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 8. REPORT FROM CABLE TV REGARDING CONGRESSIONAL ACTION ON CABLE RE- REGULATION (CONTINUED FROM 9/15/92) Wendy Warren, Cable Communications Manager, was available to respond to questions. She stated the bill passed the House last week and passed the Senate this morning. It is expected that the President will veto the bill, however, there is a 2 456 SEPTEMBER 22, 1992 strong likelihood that it will be overridden. Council Member Barnett stated that in the future, if staff is an advocate of an issue and wishes Council's endorsement, then staff should provide evidence to support their position. Larry Mathews, citizen, stated he has been perturbed about a state tax on his cable bill. He was told that it was a B & 0 tax and it is not legal to pass it on to the consumer. Another one is a franchise tax. He requested that Council remember these two fees when negotiating for the new franchise and be an advocate for the public. Ms. Warren stated TCI has outlined which portion of the bill goes towards a franchise fee that they pay; technically it is not a pass through tax. City Manager Zais stated staff will investigate this further. *9. CONSIDERATION OF RESOLUTION DENYING KKR REZONE /SUBDIVISION APPLICATION RESOLUTION NO. D -6188, A RESOLUTION denying rezone and subdivision application submitted by KKR Development /Ron Knight. *10. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF SURPLUS VEHICULAR EQUIPMENT RESOLUTION NO. D -6189, A RESOLUTION authorizing the sale of surplus vehicular property owned by the City. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE STATE DIVISION OF VOCATIONAL REHABILITATION AND DANIEL K. RUFF FOR ON THE JOB TRAINING AT THE WASTEWATER TREATMENT PLANT RESOLUTION NO. D -6190, A RESOLUTION authorizing the execution of an On- The -Job Training Agreement with Daniel K. Ruff and the Washington State Division of Vocational Rehabilitation. *12. SET DATE OF PUBLIC HEARINGS FOR OCTOBER 13, 1992 FOR UTILITY EASEMENT VACATIONS FOR PROPERTY: A. IN VICINITY OF "I ", BETWEEN 4TH AND 5TH AVENUES, REQUESTED BY ROBERT DOLSEN October 13, 1992 was set as the date for public hearing on the utility easement vacation requested by Robert Dolsen for property located in the vicinity of "I" Street, between 4th and 5th Avenues. 3 457 µy f SEPTEMBER 22, ,1992 B. IN VICINITY OF NOB HILL, BETWEEN 23RD & 24TH AVENUES, REQUESTED BY U.S. BANCORP October 13, 1992 was set as the date for public hearing on the utility easement vacation requested by U.S. Bancorp for property located in the vicinity of Nob Hill Blvd., between 23rd and 24th Avenues. 13. RECONSIDERATION OF ORDINANCE AMENDING THE SIGN CODE REGARDING POLITICAL SIGNS IN THE RIGHT -OF -WAY (CONTINUED FROM 9/8/92) City Attorney Vanek responded to questions from the Council regarding the Regional Planning Commission's involvement in reviewing sign requirements as part of the zoning ordinance. Following discussion, it was the general consensus to direct staff to present this to the Regional Planning Commission in conjunction with the other issues they are considering. 14. CONSIDERATION OF ORDINANCE ESTABLISHING SEWER USE AND PRETREATMENT REGULATIONS Council Member Barnett requested a wording change in definition 51 on page 10 of the ordinance to delete the phrase, "who has successfully completed the Ken Kerri Pretreatment Operator correspondence course given through Sacramento State University" and replace it with "who has successfully completed a pre- treatment operators course approved by the Director of Engineering and Utilities." Council Member Barnett expressed concern about definition 59, questioning if a potential Significant Industrial User could ever be removed from the list under this definition. Mr. Waarvick stated that if they just fall under "A" in definition 59, and we test and they don't meet the criteria for "A ", then we might be able to get them off that list. Staff indicated they would review the wording again. City Attorney Vanek suggested the wording for the change in definition 51 as "or who has successfully completed a course of study which in the opinion of the Wastewater Manager, contains all subject matter reasonably related to the duties of a Wastewater Pre - Treatment Operator." Ordinance No. 3491 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT THE ORDINANCE BE PASSED. It was MOVED BY BARNETT, SECONDED BY SIMS, TO AMEND THE DEFINITION 51B TO READ AS THE WORDING THE CITY ATTORNEY DEVELOPED. The motion passed by unanimous voice vote. The question was called for the vote on the motion, as amended. The motion carried by unanimous roll call vote. 4 458 SEPTEMBER 22, 1992 ORDINANCE NO. 3491, AN ORDINANCE relating to public services and utilities; regulating the use of public and private sewers and drains, private wastewater disposal, and the installation and connection of building sewers; requiring the pretreatment of wastewater discharged into the City of Yakima's sewage treatment plant; establishing charges and fees for dischargers to the City of Yakima's sewage treatment plant; providing penalties for violations; repealing chapter 7.62, "Sewer Use Regulations ", and sections 7.62.10, 7.62.20, 7.62.30, 7.62.40, 7.62.50, 7.62.60, 7.62.70, 7.62.80, 7.62.90, and 7.62.100 thereof; and enacting chapter 7.65, "Sewer Use and Pretreatment Regulations ", and the sections thereof, as a new chapter and new sections of the City of Yakima Municipal Code. 15. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CERTAIN CITY EMPLOYEES (POOL MAINTENANCE SPECIALIST AND WATER IRRIGATION ENGINEER) Following an explanation of the duties of the pool maintenance specialist and the difficulties of locating an individual under the previous job description for a water irrigation engineer, and Ordinance No. 3492 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 3492, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective October 25, 1992; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, and 2.20.110 F, all of the City of Yakima Municipal Code. 16. OTHER BUSINESS City Manager Zais distributed a hand -out on the 0.1% law and justice sales tax issue. He reported that last week the County Commissioners agreed to place this issue on the November ballot. He stated he wanted to give Council a printed statement on how it is intended to use those funds. With Council's agreement, staff would send the fact sheet he had distributed, to the public through the utility billing system. Glenn Rice, Assistant City Manager, commented this is the ten year anniversary of Karen Roberts being City Clerk. Mr. Rice reported on the Olive Garden situation. 5 SEPTEMBER 22, : ,,1992. City Manager Zais reported on the information he received at the International City Managers Conference he attended last week. The focus was on environmental mandates without funds such as the Clean Air and Water Act. He suggested that perhaps the citizens should be informed on their utility billing the amount that is due to complying with federal and state mandates. Mayor Berndt reported she and Council Members Semon and Beauchamp and Commissioner Deccio meet with Pat Spurgin and got some promise of action for the railroad area contamination problem. Council Member Barnett suggested if the utility bills are to be itemized for federal and state mandates, it should also list the'amount for the in -lieu of utility tax. City Manager Zais stated he would provide Council with a sample. He reported on a couple of innovative revenue raising ideas used in other cities, which he was not sure could be done in Washington State. Information Items: • Items of information supplied to Council were: News Release regarding Traffic Restriction on Tieton Drive, from 32nd Avenue to 40th. Avenue, on September 17 & 18, 1992; Memorandum from Director of :Public Works and Parks and Recreation Manager regarding Shutdown of Larson Park Tennis Court Lights. 9/17/92; Memorandum from Director of Public Works and Parks and Recreation Manager regarding Agreement with Yakima School District for Exclusive District Control of Lions Park During the School Day. 9/17/92; City of Yakima Regional Wastewater Treatment Facility Pretreatment Quarterly, Vol. 2, 3rd Quarter 1992; Letter from State - Department of Community Development regarding Possible Reduction in Funding DCD Projects. 9/11/92; Letter from U. S. Department of Housing and Urban Development regarding Acceptance of Grantee Performance Report; Letter from U. S. Department of Housing and Urban Development announcing grant award to Yakima Housing Authority for Comprehensive Improvement Assistance Program ($1,157,900). 9/16/92; Memorandum from AWC regarding Washington Health Care Commission's draft recommendations for reforming the State's health system. 9/9/92; Monthly Report of the Chief of Police for August 1992; Memorandum from Cable Communications Manager regarding 24 -Hour City Hall Interactive Computer Demonstration. 9/14/92; Environmental Outlook Newsletter from Institute for Environmental Studies at University of Washington; Vol. 20, Number 7, September 1992; Community 6 460 SEPTEMBER 22, 1992 Response Newsletter from Yakima County Substance Abuse Coalition, Vol. 4, Number 5, September 1992; In Our Scope Newsletter from New Vision, September 1992; Newsletter from Northeast Yakima Neighborhood Association Organizing Committee. 9/17/92; and Notice of Special Yakima Housing Authority Board meeting scheduled for September 30, 1992. 17. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION, TO BE FOLLOWED BY ADJOURNMENT TO SEPTEMBER 30TH AT 8:00 A.M. The motion carried by unanimous voice vote. 18. ADJOURNMENT TO SEPTEMBER 30, 1992 AT 8:00 A.M. AT THE WASHINGTON STATE FAIRGROUNDS, BUENA GRANGE HALL FOR INFORMAL MEETING WITH YAKIMA COUNTY COMMISSIONERS Following the conclusion of the Executive Session, the meeting adjourned at 4:15 P.M. READ AND CERTIFIED ACCURATE BY: COUNCI ME B R DATE -1 //AA1f /7/9 CtU■ L MBER DATE ATTEST: q(2.6 CITY CLERK MAYOR 7