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Home My WebLink About02/06/1996 Business Meeting 43 ;3 CITY OF YAKIMA FEBRUARY 6, 1996 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 Lynn Buchanan', presiding. Council Members Clarence Barnett, Henry Beauchamp, John Klingele, John Puccinelli, and Bernard Sims (present after 2:10 p.m.) present on roll call. Council Member Ernie Berger absent and excused. City Manager Zais, City Attorney Paolella, and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) After a brief discussion about the necessity of completing and submitting the Growth Management Plan to the State, it was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, TO RESCHEDULE THE APRIL 16, 1996, 7:30 A.M. ADJOURNED JOINT MEETING DUE TO A GROWTH MANAGEMENT PUBLIC HEARING THAT EVENING AT 7:00 P.M. The motion carried by unanimous voice vote; Berger absent and Sims absent. 4. CONSENT AGENDA Mayor Buchanan 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 to add Item No. 22 to the Consent Agenda. The Deputy City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Berger absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF MARCH 21, 1995 SPECIAL BUSINESS MEETING AND JANUARY 23, 1996 ADJOURNED MEETING (INFORMATION ONLY) The minutes of the March 21, 1995 Special Business Meeting and January 23, 1996 Adjourned Meeting (information only) were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 9 FEBRUARY <6 9 9 6 1 4 3 6.. PUBLIC HEARING ON TRANSIT ROUTE, REVISIONS RECOMMENDED BY THE TRANSIT WORKFORCE COMMITTEE r' ''' This being the time set for the public hearing, Bill Schultz, Transit Manager, reported a system -wide route analysis was prepared and a modification plan for the Transit System was developed by the Transit Workforce Committee. Mr. Schultz introduced the members of the Transit Workforce Committee and urged the Council to accept their recommendations. Transit Workforce Committee Members Rich Lyons, Dave Schmoe, Pat Blondin, Reggie Oliver (not present) and Joe Caldwell, Chairman presented an outline of the goals, described the process utilized to arrive at their recommendations, reviewed some of the current service levels, and identified various elements of the plan. The Committee emphasized that the proposed transit route changes will be more user friendly than before and will have new destination - oriented routes structured to accommodate commuters by making it . easier to ride the bus. The Committee entertained several questions from the Council relating to both weekday and Saturday service levels, the concept of neighborhood routing, an aggressive marketing promotion and scheduling plan to include free service days, display signs; timed transfers, additional benches and shelters planned for the future, and eight new routes complete with flexibility points. Mayor Buchanan opened the public hearing and invited public comment. Darin and Diedre Dillinger, 2206 Fruitvale Blvd., avid bus riders, spoke in favor of the changes because they like the convenience and the: time saved traveling to and from destinations. Richard Andring, 203 S. 8th Avenue, spoke in favor of the proposal. In addition, he urged the Council to consider adding holiday service, particularly shuttle bus service to the Fairgrounds for regular system routes during the Fourth of July celebration. He also urged the Council to reconsider restrictions currently in place on students at the bus stop by Davis High School. Winnie Riggs, 1003 S. 26th Avenue, urged approval of the proposal because facilities such as doctor's offices and hospitals will be more accessible and less time will be spent riding the bus. Russ Mollett, 205 S. 57th Avenue, spoke in favor of the proposed changes and feels more efficient service will be provided. There being no one else wishing to. comment, Mayor Buchanan closed the public hearing. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO ACCEPT THE WORKFORCE COMMITTEE'S RECOMMENDATIONS AND DIRECT STAFF TO PREPARE THE APPROPRIATE LEGISLATION. After a brief discussion about direct access to the downtown area through the Transfer Center, Council Member 2 440 FEBRUARY 6, 1996 Beauchamp requested special recognition be prepared for the staff and citizens on the Transit Workforce Committee. The question was called for a vote on the motion. The motion carried by unanimous voice vote; Berger absent. 7. AUDIENCE PARTICIPATION Bev Luby Bartz and Betty Gaudette requested the Neighborhood Solutions Committee be reactivated to consider play area considerations and other neighborhood related issues. 8. REPORT FROM CODE ADMINISTRATION REGARDING REMOVAL OF TREES WITHIN PUBLIC RIGHT -OF -WAY AT 311 NORTH 6TH STREET Leonard Hall, Code Administration Manager, reviewed the issue of concern of removal of trees within the public right -of- way. Council members discussed jurisdictional authority over the removal of trees under certain circumstances such as when the trees are dying or when they are damaging utilities or sidewalks. The Municipal Code does not contain specific regulations for removal of trees within the public right -of- way. Legislation would need to be prepared to establish language relating to this issue for city -wide application. The Parks and Recreation Division is currently working on a comprehensive tree ordinance. It was MOVED BY PUCCINELLI, SECONDED BY SIMS, TO DIRECT STAFF TO BRING BACK A THOROUGH EVALUATION ON TREES AND PARKING ISSUES. Rosemary Small compared the removal of these trees to incidences of vandalism, graffiti and youth crime. She feels the damage done to these trees should be considered as destroying public property and the responsible party should be prosecuted and compensation should be sought. She feels the message should be sent that this is not appropriate. Betty Gaudette, 701 N. 6th Street, expressed concern about parking in areas designated as lawn. She asked what authority the City references when enforcing parking restrictions'. Bev Luby Bartz also expressed concern about parking in'areas where children play. Mr. Hall indicated that a report will be brought back on this issue. The question was called for a vote on the motion. The motion carried by unanimous voice vote; Berger absent. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH JOHN JAY AND WES RABER FOR PUBLIC DEFENDER SERVICES RESOLUTION NO. R- 96 -15, A RESOLUTION authorizing the execution of the Public Defender Agreement for 1996. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENT TO AGREEMENT FOR CONVEYANCE OF PROPERTY FOR IMPROVEMENT OF YAKIMA AVENUE /I -82 INTERCHANGE AREA AND FAIR AVENUE RESOLUTION NO. R- 96 -16, A RESOLUTION authorizing and directing the City Manager to execute a Second Amendment to Agreement for conveyance of Property for Improvement of Yakima Avenue /I -82 Interchange Area and Fair Avenue with Gary 3 441 FEBRUARY ."6, 199 D. Lukehart and Mary M. Lukehart, and authorizing the acceptance of a statutory warrantydeed. *11. CONSIDERATION OF RESOLUTION AUTHORIZING CALL FOR PROPOSALS FOR LEGAL ADVERTISING RESOLUTION NO. R- 96 -17, A RESOLUTION prescribing a form of contract for printing and publishing city legal advertising; and directing publication of a call for proposals therefor. *12. CONSIDERATION OF JOINT RESOLUTION WITH YAKIMA COUNTY AMENDING THE AIRPORT BYLAWS FOR CHANGE OF MEETING TIME RESOLUTION NO. R- 96 -18, A JOINT RESOLUTION OF THE YAKIMA CITY COUNCIL AND YAKIMA COUNTY BOARD OF COUNTY COMMISSIONERS approving Amendment No. 4 to the bylaws of the Yakima Air Terminal Board relating to the time and place of regular meetings. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AMENDING PROFESSIONAL LEGAL SERVICES AGREEMENT WITH TONY MENKE RESOLUTION NO. R- 96 -19, A RESOLUTION authorizing the execution of a legal services contract with Menke Jackson & Beyer. *14. SET DATE OF PUBLIC HEARING FOR FEBRUARY 20, 1996 ON RIGHT -OF- WAY VACATION OF ALLEY IN VICINITY OF 5TH AVENUE AND WEST "A" STREET REQUESTED BY CATHOLIC CREDIT UNION February 20, 1996 was set as the date of public hearing to consider the Hearing Examiner recommendation for a right -of- way vacation petition filed by Catholic Credit Union in the vicinity of North 5th Avenue and West "A" Street. *15. SET DATE OF PUBLIC MEETING FOR FEBRUARY 20, 1996 TO CONSIDER APPEAL OF HEARING EXAMINER DECISION FILED BY JOHN WILDE February 20, 1996 was set as the date of public meeting to consider the appeal, filed by John Wilde, of the Hearing Examiner decision regarding the proposed development of a 64 unit multi - family housing development located in the Flood Plain and Airport Overlay Districts. *16. APPROVE RIGHT -OF -WAY USE PERMIT SUBMITTED BY RICHARD HERNANDEZ TO MODIFY EXISTING SIGN TO INCLUDE A READERBOARD The Right -of -Way Use Permit requested by Richard Hernandez to modify an existing sign to include a readerboard at 1220 North 40th Avenue, was approved. *17. APPROVAL OF 4TH QUARTER 1995 CAPITAL IMPROVEMENT PROJECTS STATUS REPORT The 4th Quarter 1995 Capital Improvement Projects Status Report was approved. 4 4. -4 2 FEBRUARY 6, 1996 18. CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING DOOR -TO -DOOR SOLICITORS, STREET SALES AND PEDDLERS Jeff West, Assistant City Attorney, provided background information about regulation of solicitation as it relates to interpretations of First Amendment Rights under the U. S. Constitution. He explained that current City ordinances pertaining to peddling and solicitation merit revision because of potential liability for violation of civil rights. There were questions, comments and further discussion among Council members and staff concerning the permit process for street sales, door to door sales, and sales by charitable organizations. It was the general consensus of the Council to postpone action on this issue and to direct staff to further refine the proposed legislation. *19. CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE TO REPEAL THE REBOUND PLUS PROGRAM ORDINANCE NO. 96 -11, AN ORDINANCE relating to City administrative departments; eliminating the Rebound Plus Program; and amending Section 1.18.060 of the City of Yakima Municipal Code. *20. CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO DISPOSAL OF GARBAGE AND REFUSE BY PRIVATE CITIZENS ORDINANCE NO. 96 -12, AN ORDINANCE relating to health and sanitation and collection of recyclable solid waste; and amending City of Yakima municipal Code, Subsections 4.16.150. *21. CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE TO REPEAL SECTION ON CITY EMERGENCY HOSPITAL ORDINANCE NO. 96 -13, AN ORDINANCE relating to public services and utilities; deleting the Chapter dealing with city hospitals and payment for emergency treatment for indigents injured in public places or sustained in a crime of violence; and repealing Chapter 7.08 and Sections 7.08.010, 7.08.020, 7.08.030, 7.08.040, 7.08.050, 7.08.060, 7.08.070, 7.08.080, 7.08.090, 7.08.100, and 7.08.110 all of the City of Yakima Municipal Code. *22. CONSIDERATION OF LEGISLATION RELATING TO TRANSIT EMPLOYEES BARGAINING AGREEMENT (INFORMATION AVAILABLE MONDAY EVENING): A. RESOLUTION AUTHORIZING EXECUTION OF TRANSIT EMPLOYEE COLLECTIVE BARGAINING AGREEMENT RESOLUTION NO. R- 96 -20, A RESOLUTION authorizing and directing the City Manager and City Clerk of Yakima to execute the 1996 -1997 collective bargaining agreement with the Washington State Council of County and City Employees representing Local 1122 - Transit of the American Federation of State, County and Municipal Employees, AFL -CIO. 5 443. FEBRUARY 4 ,6, 1996 B. ORDINANCE AMENDING THE COMPENSATION PLAN FOR TRANSIT EMPLOYEES INCLUDING'' PLANNER POSITION (JANUARY) ORDINANCE NO. 96 -14, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective January 1, 1996; amending Subsections 2.20.100 A, 2.20.100 E, 2.20.110 A, and 2.20.110 G, all of the City of Yakima Municipal Code, and declaring an emergency. C. ORDINANCE AMENDING THE COMPENSATION PLAN FOR TRANSIT EMPLOYEES INCLUDING SENIOR PROJECT PLANNER POSITION (MARCH) ORDINANCE NO. 96 -15, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective January 1, 1996; amending Subsections 2.20.100 A, 2.20.100 D, 2.20.100 E, 2.20.110 A, 2.20.110 G, and 2.20.110 I, all of the City of Yakima municipal Code, and declaring an emergency. 23. OTHER BUSINESS It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO APPOINT BRIAN JOHNSON TO THE HOUSING AUTHORITY BOARD. The motion carried by unanimous voice vote; Berger absent. Marketa Oliver, Administrative Assistant to the City Manager, provided a status report on establishing a special water rate for home dialysis users. She anticipates the issue will be brought before the Council during the Business Meeting on February 20, 1996. Mayor Buchanan reported that due to recent bad weather the trip to the AWC Conference has been canceled. Jerry Copeland, Public Works Director, provided an update on plumbing problems experienced at the Kary'Annex. He also explained what is being done to prevent flooding and provided status reports on street plowing activities and snow removal conditions including the effects of freeze /thaw cycles recently experienced this winter. Council Member Beauchamp expressed concern about plowing of parking lots on Naches Avenue and pushing the snow in the street median. He also pointed out the necessity of clearing sidewalks and plowing the streets and not blocking driveways especially where elderly, senior and handicapped persons live. Information Items: Items of information provided to Council were: Notice of Continued Yakima Urban Area Regional Planning Commission Public Hearing on the Yakima Urban Area Comprehensive Plan on February 7, 1996; Newsletter from Representatives Clements and Skinner (including notice of Town Hall Meeting on February 17th; Memorandum from Legal Department regarding Damage Claims Referred to Third Part Claims 6 444. FEBRUARY 6, 1996 Administrator. 2/1/96; Monthly Annexation Status Report for January 1996; Memorandum from Wastewater Superintendent regarding Containerized Composting Trials. 1/26/96; Letter from City of Union Gap commenting on the draft Yakima Urban Area Comprehensive Plan. 1/31/96; Code Administration Office Monthly Report for January 1996; Legal Department Monthly Report for November 1995; Assignments Pending in Office of Environmental Planning as of February 6, 1996; Memorandum from State Department of Labor and Industries regarding Revised Prevailing Wage Rates. 2/1/96; Agenda for the February 8, 1996 Community Development Advisory Committee Meeting; Agenda for the February 9, 1996 Charter and Police & Fire Civil Service Commissions meeting and minutes of November 16 and 20, 1995 and December 7, 1995 meetings; and Article from January 22, 1996 Nation's Cities Weekly, "Mandate Madness Unjustified, Commission Says." 24. EXECUTIVE SESSION REGARDING PENDING LITIGATION (WORKER'S COMPENSATION CLAIM AND ACQUAVELLA WATER RIGHTS LITIGATION) AND DISPOSITION OF PROPERTY (FORMER FIRE STATION NO. 2) Following the announced correction of the time at 7:30 a.m. for the informal Council meeting scheduled for February 13, 1996, it was MOVED BY SIMS, SECONDED BY KLINGELE, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION AND PROPERTY DISPOSITION FOR APPROXIMATELY 20 MINUTES, WITH ADJOURNMENT TO FEBRUARY 13, 1996 AT 7:30 A.M. AT THE WASTEWATER MAINTENANCE FACILITY, 204 WEST PINE STREET. The motion carried by unanimous voice vote; Berger absent. 25. ADJOURNMENT TO FEBRUARY 13, 1996 AT 7:30 A.M. FOR INFORMAL COUNCIL MEETING AT THE WASTEWATER COLLECTION OFFICE Immediately following the conclusion of the Executive Session, the meeting adjourned at 5:15 p.m. READ AND CERTIFIED ACCURATE BY: 40 ,(P Cep CIL /MBER - ` DATE A ) 1 1 0 " - / __ 1 COUNCIL 'EMBER DATE ATTEST: CITY CLERK Jr NN BUCHANAN, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are available in the City Clerk's Office. 7