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.)
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*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.
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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
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JUNE N6, 1995
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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;
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JUNE 6 . 1995
245.
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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
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