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HomeMy WebLinkAbout06/06/1995 Business Meeting 237 . CITY OF YAKIMA,..WASHINGTON JUNE 6, 1995 BUSINESS MEETING 1/ 1. ROLL CALL The City Council met in session on this date at 2:00 p.m., in the Council Chambers of City Hall, Assistant Mayor Clarence Barnett, presiding, Council Members , Ernie Berger, Bill Brado, Lynn Buchanan, and Bernard Sims present on roll call. Mayor Pat Berndt and Council Member Beauchamp absent and excused. City Manager Zais, City Attorney Paolella, Assistant City Attorney Peterson (present during the appeal public meeting), and City Clerk Roberts 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 A. PROCLAMATIONS (IF APPLICABLE) Assistant Mayor Barnett read a proclamation declaring June 5- 10, 1995 as Management Week and presented it to Jim. Cooper, representing the National Management Association. Assistant Mayor Barnett read a proclamation declaring June 4- 10, 1995 as Yakima Valley College Alumni Association Week. Assistant Mayor Barnett read and presented a proclamation to Wendy Warren, recognizing her for her service to the City as Cable TV Manager. 4. CONSENT AGENDA Assistant Mayor Barnett referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. There being no changes, the City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY 1/ BRADO, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp and Berndt absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 238 JUNE 6, 1995 *5. APPROVAL OF THE MINUTES OF THE APRIL 11, 1995 BUSINESS MEETING, DECEMBER 6, 1994 AND MAY 23, 1995 ADJOURNED MEETINGS AND NOVEMBER 22, 1994 SPECIAL MEETING The minutes of the April 11, 1995 Business meeting, • December 6, 1994 and May 23, 1995 Adjourned meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 1/ 6. PUBLIC MEETING ON THE FINAL PLAT APPROVAL FOR ENGLEWOOD SQUARE This being the time set for the public meeting, Dan Valoff, Associate Planner, presented a brief overview of the project and reported all of the conditions have been accomplished for the Plat of Englewood Square No. 1. He suxnrnarized, the. staff recommendation to approve and authorize the Mayor to sign the final plat. Assistant Mayor Barnett opened the public meeting for testimony. Bob McLean, representing Englewood Square Associates, stated they have met all the requirements of the plan and requested approval of the final plat. Assistant Mayor Barnett asked if any other citizen wished to speak to the issue. There being no one, the public meeting was closed. Resolution No. R- 95 -81, 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; Beauchamp and Berndt absent. RESOLUTION NO. R 95 - 81, A RESOLUTION approving the final plat of Englewood Square Number 1, an eight residential lot common wall subdivision west of North 34th Avenue between Englewood Avenue and Fairbanks Avenue, and authorizing the Mayor to sign the final plat of Englewood Square Number 1. 7. PUBLIC MEETING ON THE APPEAL FILED BY BEV LUBY BARTZ OF THE HEARING EXAMINER'S DECISION ON FENCE HEIGHT ADJUSTMENT REQUESTED BY LOUISE WORDEN (BRING MATERIAL PREVIOUSLY DISTRIBUTED) This being the time set for the public meeting on the appeal filed by Bev Luby Bartz of the Hearing Examiner's decision on a fence height adjustment requested by Louise Worden, Assistant Mayor Barnett requested Assistant City Attorney Peterson review the rules of conduct for this process. Mr. Peterson reminded Council that during a public meeting, no testimony may be presented to Council which had not been presented to the Hearing Examiner. Council may hear evidence to support the appellant's case that the Hearing Examiner did 2 JUNE N6, 1995 2 3 9 not correctly respond,,to the ,evidence before him. Council may adopt, amend and adopt, ' reverse, amend and reverse . the findings, conclusions and decision of the Hearing Examiner or remand the issue to the Hearing Examiner. 1/ Larry Lehman, Associate Planner stated this appeal was submitted by Bev Luby Bartz, to appeal the Hearing Examiner's decision to approve a 6 -foot cyclone fence, which has been installed across the front and side yards in the set back areas on Ms. Worden's property at "D" and 8th Streets. A 6- foot high fence is legal on the back and side yards, except where it is adjacent to the street. The Hearing Examiner approved fencing that is presently installed; he did not approve the 6 foot high fencing within the side yard or the front of the undeveloped property. The appellant, in her appeal, made one statement and that was that anything illegal before the fact, should also be illegal after the fact. The appeal document only addresses the fences that were approved which are in excess of 4 foot in height. Council members then declared any exparte contact. Assistant Mayor Barnett stated he visited the site and had a telephone contact with Louise Worden, but it was not about this appeal. Council Member Berger stated he visited the site and Mrs. Worden showed him around. Council Member Buchanan stated he is familiar with this site and he spoke spherically with all three people, but not since this appeal was filed. Bev Luby Bartz, 114 North 7th Street, reiterated the material presented in her May,,12, 1995 letter, emphasizing the fact that Ms. Worden knew she was in violation of the Code when she installed the 6 foot fence. She expressed her concern that the fencing could label the northeast area as a high crime area. Rosemary Small, 1006 South 25th Avenue, began speaking about four foot fences when she was interrupted by Larry Lehman informing Council that this testimony was not presented to the Hearing Examiner. Lynne Kittleson, 305 North 9th Street, stated she is concerned with one thing and that is the statement that she heard a long time ago; if you have a law, enforce it, if you don't enforce it, get rid of that law. She stated she was 1/ concerned about a comment Ms. Worden made about being advised to install the fence and then worry about any consequences later. Betty Gaudette, 701 North 6th Street, commented -the fence makes that area look like an industrial area and gives an impression that the neighborhood expects-crime to occur there. She stated that other neighbors see that fence and think it is all right to install a fence like it. She commented that Ms. Worden stated she knew this fence was 3 240 JUNE 6, 1995 illegal and still built it and then a variance was granted. Ms. Gaudette urged Council to enforce the ordinance. Maud Scott, resident of Southeast Yakima, referenced a fencing situation she was involved with and urged Council to enforce the ordinance. It was determined that this testimony had not been presented before the Hearing Examiner. I/ Louise Worden, owner of the property since 1982, spoke about the condition of the property and the improvements made to the apartments and property to make her tenants feel safe. She stated this is R -3 property with apartments on it. The fence not only protects the tenants from outside intrusions, but was installed for the safety of the children. She stated she would lose her good tenants if she did not have that fence. She stated before the fence was installed they lived with graffiti and violence. She stated the 6 foot fence was there in a way when she bought the property, in the way of shrubs. Maudie Schickert, 615 South Naches Avenue, stated she wanted to speak on behalf of Ms. Worden because she knows how difficult it is to get a police officer out. Mr. Lehman reported that this is new information. There being no other citizen wishing to speak, Assistant Mayor Barnett closed the public meeting. It was MOVED BY BERGER, SECONDED BY BRADO, TO DENY THE APPEAL AND ACCEPT THE HEARING EXAMINER RECOMMENDATION. Council Member Brado stated that after inspecting the fence, he did not find it offensive. He further stated there is a Laundromat across the street where there were graffiti problems and Boise Cascade is just to the north of this property. Council Member Berger concurred with Mr. Brado, and in addition, spoke about the safety the fence provides to the children playing in the play area. Council Member Sims requested staff circulate pictures of the property, showing the fence. Responding to Council Member Berger's question, Mr. Lehman stated the knox box was a requirement of the Hearing Examiner. Council Member Sims asked Ms. Worden who advised her to build the fence and then if challenged, defend it. Ms. Worden stated she would not feel comfortable divulging that name, but stated it is a person in the City. She stated it was a comment that was made, which she "jumped" on. She was told there are fences all over town like that and most of the time nobody cares. Council Member Brado inquired if a fencing company is obligated to install a fence according to Code regulations. He stated he would hope that I/ City management would ask staff not to give that kind of advice. The question was called for a vote on the motion. The motion carried by 3 -2 voice vote; Buchanan and Sims voting nay; Beauchamp and Berndt absent. 4 24 JUNE 6; 1995 8. PUBLIC MEETING ON THE .,1994 COMMUNITY DEVELOPMENT BLOCK GRANT PERFORMANCE REPORT AND "YEAR- END'`REPORT SUMMARY (CONTINUED FROM 5/23/95 - BRING MATERIAL PREVIOUSLY DISTRIBUTED) This being the time set for the continued public meeting on the 1994 Community Development Block Grant Performance Report 1/ and Year -End Report Summary, Dixie Kracht, Block Grant Manager, stated this public meeting was continued from May 23rd to enable staff to meet with two citizens who had questions about the report. She reported she had an opportunity to meet with Betty Gaudette, who seems satisfied, and Glenn Valenzuela met with Bev Luby Bartz. City Manager Zais stated that in the past, citizen comments given during the public meeting have been included as an addendum in the material sent to HUD. Assistant Mayor Barnett opened the public meeting. There being no citizen wishing to speak to this issue, the public meeting was closed. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO APPROVE THE REPORT AND AUTHORIZE THE CITY MANAGER TO SUBMIT THE REPORT TO HUD. The motion carried by unanimous voice vote; Beauchamp and Berndt absent. 9. AUDIENCE PARTICIPATION Maud Scott advised the Council that she was informed by staff that Council would be considering the applications for. the Neighborhood Improvements Projects at this meeting. She stated she brought additional information for Council's consideration of her. application. Council Member Sims explained a recommendation has been received to forward the proposals to the Council Committee, who will then make a recommendation to the full Council. City Manager Zais stated that Council was provided with copies of the proposals for their information, but it was never intended to be scheduled as an agenda item for this meeting. Betty Gaudette and Bev Luby Bartz confirmed that they were told this issue would be before the Council today. Rosemary Small, working with Maud Scott, presented information to the City Clerk for distribution to the Council. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT WE TAKE THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS THAT WERE PROPOSED AND HAVE THEM HEARD BEFORE THE COUNCIL COMMITTEE AND THE COUNCIL COMMITTEE MAKE A RECOMMENDATION TO THE 1/ FULL COUNCIL. The motion carried by unanimous voice vote; Beauchamp and Berndt absent. Assistant Mayor Barnett requested all participants be informed about the time and place of when their projects will be reviewed. 10. CONSIDERATION OF CIVIL SERVICE COMMISSION RECOMMENDATIONS REGARDING RETROACTIVE PAY FOR RECLASSIFIED POSITIONS Carol Bates, Chief Examiner, introduced Tim Carlson, Civil Service Commissioner. Mr. Carlson stated that Council has 5 242 JUNE 6, 1995 before them, the Commission's recommendation for retroactive pay for four employees. He stated the Commission considered three issues presented to them: 1) whether or not there were budgetary amounts to pay for this, which is not of concern to the Commission; 2) an issue raised by City Legal, questioning the legality of retroactive pay. He stated the first opinion they received, indicated they could not do it and then they received an opinion from the Union's attorney that it was legal. He stated they engaged legal counsel and in a preliminary statement was told it is legal. 3) The third issue is do these four employees deserve retroactive pay. He stated the Commission looked at the equities of the circumstances. In the fairness of the situation, they considered 1) these employees had their reclassification request before the Commission; two of them since 1990 and two of them before 1993. The rules call for the completion of these studies within 90 days. For various reasons, the reclassification studies weren't done in a timely fashion and for that reason many of the divisions gave employees out of class pay, except for these four individuals. The Commission felt they should not be penalized for waiting for the City to complete their reclassification study. The Commission recommends these four employees be awarded what is classified as retroactive pay, but he thinks of it as a fulfillment of their expectations for working out of class. Jerry Sweesey, Senior Sign Specialist, John Thomas, Parks Maintenance Supervisor, and Dave Winton, Senior Sign Specialist, stated their case for receiving the retroactive pay, citing the fairness issue that other employees had received the extra compensation for working out of class and the length of time they waited for the classification studies to be completed. They also questioned the fact that Council would make a decision without having received all the information which had been available to the Commission. It was noted that the Civil Service Rules regarding the processing of reclassification requests have been changed to ensure this situation does not reoccur. Paul McMurray, Assistant City Attorney, stated that although he is sympathetic to the employees who applied for retroactive pay, his research indicates it would be a violation of Article II, Section 25 of the State Constitution to grant the requests. He stated he relied strongly on the opinion of Stacia Hollar of the Attorney General's Office. I/ That Article says it is unconstitutional to provide extra compensation to municipal employees for services already rendered. One exception is when there is a compensation dispute. In exchange for performing the work, an agreement is signed that says upon resolution of the dispute the new wage will paid going back to the date of the agreement. The applicable Civil Service rule is discretionary regarding retroactive pay and an agreement was never executed with these employees regarding retroactive pay. Asked what would 6 243 JUNE ,' 6',` 199 . happen if the employeeswere granted the retroactive pay and the Auditors found the °City iri , er`ror, Mr. McMurray stated he is unsure of the consequences, but the City may be required to pay that money back into the Fund. Upon questioning about the legal opinion the Civil Service Commission obtained, 1/ Mr. McMurray stated their attorney quoted California case law. Following additional discussion, it was MOVED BY BERGER TO APPROVE THE RETROACTIVE PAY PER THE REQUEST FROM THE CIVIL SERVICE COMMISSION. The motion died for lack of a second. Following further discussion regarding special assignment pay and the equitabilty issue, it was MOVED BY BRADO, SECONDED BY BUCHANAN, TO DENY THE REQUEST, BASED ON THE FACT OF OUR LEGAL ATTORNEY'S ADVICE ALONG WITH THE ATTORNEY GENERAL'S OFFICE. The motion carried by 4 -1 voice vote; Berger voting nay; Beauchamp and Berndt absent. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF RENEWAL AGREEMENT WITH ALLIED ARTS FOR THE ARTSVAN PROGRAM RESOLUTION NO. R- 95 - 82, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Allied Arts Council of Yakima Valley, to provide a visual and performing arts program for youth. *12. CONSIDERATION OF RESOLUTION SETTING JULY 11, 1995 AS DATE OF PUBLIC HEARING ON THE -2001 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM RESOLUTION NO. R- 95 - 83, A RESOLUTION fixing the time and place .for hearing on a Six -Year Transportation Improvement Program for the period of 1996 through 2001. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF COLLECTIVE BARGAINING AGREEMENT WITH TRANSIT EMPLOYEES RESOLUTION NO. R- 95 - 84, A RESOLUTION authorizing and directing the City Manager and City Clerk of Yakima to execute a collective bargaining agreement for calendar years 1994 and 1995 with the Washington State Council of County and City Employees, Local 1122 -T of the American Federation of State, County and Municipal Employees, AFL -CIO. *14. CONSIDERATION OF JOINT CITY /COUNTY RESOLUTION RATIFYING APPLICATION FOR AND AUTHORIZING ACCEPTANCE OF. FAA GRANT FOR RUNWAY REHABILITATION AND BUILDING RENOVATION AT THE AIRPORT RESOLUTION NO. R- 95 -85, A JOINT .RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an Application for Federal Assistance and Standard DOT Title VI' Assurances, and authorizing the execution and acceptance of a 7 . 244 JUNE 6, 1995 Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation Administration and the City of Yakima and Yakima County. *15. PRESENTATION OF 1994 PARKS AND RECREATION ANNUAL REPORT The 1994 Parks and Recreation Annual Report was accepted. *16. SET DATE OF PUBLIC MEETING FOR JUNE 20, 1995 FOR REZONE OF 1/ PROPERTY AT 4109 TIETON DRIVE, REQUESTED BY KENDRICK AND MALANE June 20, 1995 was set as the date of public meeting to consider the recommendation of the Hearing Examiner regarding the rezone of property at 4109 Tieton Drive, requested by Kip Kendrick. *17. CONSIDERATION OF ORDINANCE RENAMING 10TH STREET TO FAIR AVENUE ORDINANCE NO. 95 - 30, AN ORDINANCE renaming portions of South 10th Street to South Fair Avenue, within the City of Yakima. *18. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO MAKING FALSE POLICE REPORTS ORDINANCE NO. 95 - 31, AN ORDINANCE relating to public safety and morals; Amending Title 6 Public Safety and Morals to conform with State Laws; amending section 6.48.010 of the City of Yakima Municipal Code. 19. OTHER BUSINESS A. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE YAKIMA FOURTH OF JULY COMMITTEE FOR FOURTH OF JULY FIREWORKS DISPLAY Resolution NO. R -95 -86 having been read by title only, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp and Berndt absent. RESOLUTION NO. R 95 - 86, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Fourth of July Committee to provide a fireworks display on the evening of July 4, 1995. I/ Information Items: Items of information provided to Council were: Agenda for the June 8, 1995 Hearing Examiner meeting; Agenda for June 12, 1995 Westside Merchants and Business Association; 8 JUNE 6 . 1995 245. � Call for Action regarding Enhancement Projects funding. 6/2/95; Agenda for'tYe "June 7, 1995 Yakima Urban Area Regional Planning Commission meeting; Yakima Urban Area Comprehensive Plan Monthly Status Report for June 1995; Monthly Annexation Status Report for May 1995; Rebound Plus Monthly Report for May 1995; Assignments Pending in Office 1/ of Environmental Planning as of June 6, 1995; Invitation from Northwest Power Planning Council to comment on proposed amendments to the Columbia River Basin Fish and Wildlife Program; Washington State Tourism Bulletin; June 1995; Agenda for June 1, 1995 Charter Civil Service Commission and Police & Fire Civil Service Commission Joint meeting and minutes of the March 22.and 29, 1995 Police & Fire Civil Service meetings; April 20, 1995 Charter Civil Service meeting; and minutes of the January 31 & May 4, 1995 joint meetings; and Newspaper article, "Unheralded New Law Should Ease Developers' Delays and Frustrations." 20. EXECUTIVE SESSION: It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION AND A PROPERTY PROPOSAL, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Beauchamp and Berndt absent. A. PROPERTY ACQUISITION (UNION GAP DRAIN -- MERRITT /FINES EASEMENT) B. PROPERTY ACQUISITION (CBD PROPOSAL) C. PROPERTY PROPOSAL (HUD PROPERTY /I -82 PROJECT /ENGINEERING DESIGN 1/ 9