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HomeMy WebLinkAbout05/16/1989 Business Meeting 161 MAY 16, 1989 • MAY 16, 1989' 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 Ill Berndt, presiding, Council members Clarence Barnett, Lynn Buchanan, Jerry Foy and Bernard Sims, present on roll, call. Council members. Henry Beauchamp and Lynn Carmichael absent and excused: . City Manager Zais, City Attorney Vanek, City Clerk Roberts and Acting Deputy City Clerk Watkins also present. . 2. INVOCATION The Invocation was given by Council member Foy. • 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER John Hanson, Director of Finance and Budget, presented the City a Certificate of Achievement for Financial Excellence received from the Government Finance Officers Association for the 1987 Annual Report. When a Certificate of Achievement is given to a government an award of Financial Reporting Achievement also is given, to the individual designated as primarily responsible for having earned the Certificate. This award was presented to Robert'Wheeler, Accounting Manager, who introduced the Finance Department staff present in the audience acknowledging their contribution to this report. Mayor Berndt thanked the staff for all the work they do. • Mayor Berndt pointed out to Council that copies had been distributed of the Omnibus Drug Bill which explains a lot of aspects that didn't make general media attention. 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 consensus of the Council that 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 BUCHANAN, SECONDED BY BARNETT, THAT THE CONSENT AGENDA, AS READ, BE PASSED. Unanimously carried by roll call vote. Beauchamp and Carmichael absent. (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 COUNCIL MEETINGS OF MAY 2 & 9, 1989 The Council minutes of May.2 and 9, 1989 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION • Council member Foy presented a Proclamation to Mary Bradford of the American Legion Auxiliary proclaiming May 19th and 20th, 1989 as "Poppy Days " and asked that all citizens pay tribute by wearing the memorial poppy on these days. Council member Barnett presented a Proclamation to Earl Galiert, Al Bell and Evelyn Campbell .of the Veterans of Foreign Wars proclaiming May 19th and 20th, 1989 as "Buddy Poppy Days" and urging the citizens of this community to recognize the merits of this cause by contributing generously through the purchase of buddy • poppies. Evelyn Campbell presented Mayor Berndt with a corsage made of buddy poppies in appreciation of the proclamation. ADD /1 162 MAY 16, 1989 Council member Buchanan presented a Proclamation to Bill Schultz, Transit Manager, proclaiming May 17, 1989 as "Transit Appreciation Day" to recognize and express appreciation for the quality of service supplied by the staff of Yakima Transit. Mayor Berndt presented a Proclamation to Dennis Covell, Director of Engineering and Utilities, and Jerry Copeland, Director of Public Works, proclaiming the week of May 21st - 27th, 1989 as "National Public Works Week ". Mr. Copeland mentioned the dedication of the major Public Works Historical event for this part of the state is scheduled for May 23, 1989. Mr. Covell extended an invitation to Council to attend the meeting and luncheon on Tuesday, May 23, 1989 at the Towne Plaza at 11:30 A.M. Mayor Berndt recognized James Ralph who is visiting from England. He is the son of the CEO of Dowty which is the parent company of Dowty Decoto in Yakima and is staying with the City Clerk. Mayor Berndt presented Mr. Ralph with a certificate of Honorary Citizenship of Yakima and welcomed him to our City. Pete and Tiny Renecker, 1214 S. 10th Street, requested assistance from the City in locating available ballfields for the Yakima American Little League. Last year there were six teams and sufficient fields in which to play, but this year there are nineteen teams and there are scheduling conflicts with other local sports activities. Mayor Berndt recommended they speak with David Flaharty, Parks Manager, and Jerry Copeland for assistance in locating playing fields. Mrs. Renecker extended an invitation to anyone who would like to came down and help. David Hawkins, 1705 Gordon Road, on behalf of the Yakima Jesus Festival, requested assistance from the City in transporting two sets of bleachers they are borrowing from the Fair. The requirement is for the first Festival on May 27, 1989. Mayor Berndt referred Mr. Hawkins to the Parks Department to determine the guidelines and /or payment necessary to accomplish this. Phil Salantino, 209 Park Avenue, came forward to bring to the attention of Council the condition of the water hole covers on Summitview Avenue from 7th to 40th Avenues. He stated they are set down approximately 2" below the surface of the road and there are about 75 -100 of them in this section of road. He asked what the City is doing about this problem. Dennis Covell stated they did have a program which corrected some manhole covers on Lincoln but there are no current remedial plans for. Summitview. He advised that policy has been changed where adjustments to correct manholes are part of the construction and hopefully there will be improvement on other streets under construction. Mr. Covell said he would look into the Summitview problem. 7. PUBLIC MEETING ON REZONE OF PROPERTY AT 601 EAST NOB HILL BOULEVARD, AS REQUESTED BY PEDRO AND AMELIA GARZA This being the time set for a public meeting on the rezone of property at 601 East Nob Hill, Joan Davenport, Associate Planner, presented the application for rezoning from R -2 to CBD. An application for a bakery to be located in the CBDS was approved in April, 1989 by the Building Official. The bakery is planned to be developed in two phases which requires the development of a parking lot, therefore, necessitating the rezone request. The Planning Department recar ends that Council approve the rezone with the conditions of approval recommended by Mr. Lamb, Hearing Examiner. Mayor Berndt asked if any Council member had been approached or had discussed this issue with anyone. All Council members declared no previous contact or involvement. Mayor Berndt asked if anyone present wished to speak in favor of the rezone. Nona Garza, 61 Faucher Road, stated the parking lot is for expansion purposes. Ms. Garza said they expect to employ ten to fifteen people and to make the area much more attractive. Phil Pleasant, .1101 E. "A" St., stated he favors the rezoning as it is sorely needed and will create new jobs. Mayor Berndt asked if anyone present wished to speak in opposition of the rezone. No one responded. The public ADD /2 • 163 MAY 16,,I.98 - meeting was closed. IT'WAS MOVED BY'FOY,•SECONDED13Y.°BUCHANAN, TO • ADOPT THE HEARING. EXAMINER'S RECOMMENDATION WITH THE .STIPULATED CONDITIONS.. Unanimously carried by voice vote. Beauchamp and Carmichael absent. * 8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT LUMP SUM FUNDING AGREEMENT WITH YAKIMA VALLEY BANK RESOLUTION NO. D -5570, A RESOLUTION authorizing and directing the . City Manager of the City of Yakima to execute an agreement with Yakima Valley Bank. * 9.. CONSIDERATION OF RESOLUTION AUTHORIZING YAKIMA HOUSING RENTAL REHABILITATION DCD APPLICATION FOR 1989 -1990 RESOLUTION NO. D- 5571., A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an application with the Washington State Department of Community Development for funding for a rental rehabilitation program. * 10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LEASE WITH BELL ATLANTIC TRICON LEASING CORPORATION FOR TELEPHONE STATION EQUIPMENT RESOLUTION NO. D - 5572, A RESOLUTION authorizing the City Manager to execute a lease for telephone equipment and a, telephone equipment • agreement. . *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT OF AGREEMENTWITH CH2M HILL FOR PROFESSIONAL ENGINEERING SERVICES RESOLUTION NO. D -5573, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an amendatory agreement with CH2M Hill for professional engineering services. *12. APPROVAL OF RIGHT -OF- -WAY USE PERMIT FOR PROPERTY AT 215 NORTH 2ND AVENUE, AS REQUESTED BY DONALD DWINELL • The Right -of -Way Use Permit for the purpose of 'constructing two concrete steps with handrails on the north side of the building at 215 North 2nd Avenue, as requested by Donald 0. Dwinell, was approved. *13.. APPROVAL OF FINAL CONTRACT PAYMENT FOR TIETON DRIVE WIDENING AND MISCELLANEOUS PAVING PROJECTS (STANDARD MOTION V -B -- ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) The report from the .City- Engineer dated May 3, 1989, with respect to the completion of the work on the Tieton Drive Widening and Miscellaneous Paving Projects, performed by Superior Asphalt Paving, was approved, the work accepted and payment of the final estimates as therein.set forth was authorized. *14. MONTHLY MOTOR VEHICLE ACCIDENT REPORT (ACCEPT REPORT) The Monthly Motor Vehicle Report, reviewed by the Accident Review Committee in May, 198(AC9, P was EP accepted. 15. APRIL 1989 BUDGET REPORT CET RORT) Council member Barnett asked John Hanson to clarify Table 1, Revenues for. Refuse Sewer and Water, as it appeared the percentage of revenue received year -to -date has dropped somewhat from the previous year. Mr. Hanson responded that he did not believe it indicated a major revenue trend, but annually the utility cycle and billing cycle change slightly, therefore, the months showing the revenue can be different from one year to the next and would affect the percentages. Also, the amount actually set as the budget for this year is slightly higher than last year which may cause the • difference in percentage -to- budget. IT WAS MOVED BY BARNETT, ADD /3 164 MAY 16, 1989 SECONDED BY FOY,- •TO.ACCEPT THE 'REPORT. Unanimously carried by voice vote. Beauchamp and Carmichael absent. *16. APPROVAL OF OUT -OF -STATE TRAVEL FOR DAVID AJOHNSON, PUBLIC WORKS DEPARTMENT, TO SALT LAKE CITY, UTAH The Out-of -State travel for - David Johnson, Public Works Department, to attend three computer courses, in Provo and Salt Lake City, Utah, June 27 -30, 1989, at a cost of $40.00 (Employee paying transportation and lodging), was approved. . EXECUTIVE SESSION IT WAS MOVED BY BUCHANAN, SECONDED BY FOY TO TAKE A BRIEF.RECESS TO EXECUTIVE SESSION TO DISCUSS PROSPECTIVE LITIGATION. Unanimously carried by voice vote. Beauchamp and Carmichael absent. Mayor Berndt called the meeting back in session. at 2:50 P.M. ' 17. CONSIDERATION OF AN ORDINANCE AMENDING THE FIRE WORKS ORDINANCE (CONTINUED FROM MAY 2, 1989) Fire Chief Beeson began the discussion, stating the Fire Department feels just as strongly about the passage of the ordinance as they did when it was previously presented. Chief Beeson explained the fireworks problem is something the Fire Department deals with each year and it is not only on the 4th. It-costs the Department a lot of money to meet the increased needs, hiring more dispatchers and more fire personnel. He stated that was the premise in making the request to restrict the use of fireworks with this ordinance. Battalion Chief Vance reviewed the conversations with and data he received from the Fireworks industry representative following the May 2, 1989 City Council meeting, stating he also is still in strong support of the ordinance. He handed out copies of the informational packet he had received as a result of the last meeting. Jerry Farley, 303 N. 61st Avenue, representing Pyrodyne American, displayed several educational items on fireworks safety, including a message on the shopping bag given to purchasers. He said that his organization cannot solve the problems of illegal fireworks alone but would like to have the various fire departments and State Fire Marshal help get legislation to prevent these problems. He again stated that this type of ordinance does not work in other cities. He said the lawsuit against Edmonds has been filed and if Yakima passes this ordinance he would be obligated to • recommend his clients file a lawsuit against the City. Council member Buchanan commented that he has been involved in the sale of fireworks for years and has never seen any of the information contained in the packet, raising the question of whether the information is being widely distributed. Council member Foy said he was offended by the manner in which Mr. Farley presented himself, and commented that he has received numerous calls on this item from constituents saying something has to be done about the fireworks problem. Mayor Berndt said she also has received numerous phone calls from citizens of the City speaking against fireworks. Council member Barnett asked if the local organizations that sell fireworks had a copy of the ordinance sent to them prior to the first Council meeting on the subject. City Clerk Roberts responded that as we did not have the addresses of the clubs and organizations that sell fireworks, copies of the report and 'ordinance were sent to those organizations that provide the. fireworks. Mayor Berndt commented that it was interesting that in other cities that passed a similar ordinance the sale of fireworks actually increased. IT 'WAS MOVED BY FOY, SECONDED BY .SIMS,THAT ORDINANCE NO. 3169, HAVING BEEN READ BY TITLE, BE PASSED. Buzz D'Olivo, 4801 Dunbar.Drive, Gig Harbor, Washington, representing Humdinger Fireworks, commented on some of the information that had been supplied by the City of Redmond. He said that although fireworks stands had increased sales up to 50% the report didn't mention that the city population had increased over 100% in the last few years. He said the portion of the ordinance permitting sale of fireworks to only those 16 years of age or older -was extremely difficult to administer. It required the purchaser have either a valid driver's license or a Washington State ID card. ADD /4 1. 165 MAY 16, 1989 • The sellers were concerned that if they 'did sell to anyone.. younger than 16, it was not the person who purchased that got into trouble but the seller who was punished. It was his opinion that this is not the best way to curtail the use of fireworks and the ordinance places a hardship on the stand operators.:.Van Phillips,;7803 N. Market, Spokane, Eastern Regional Manager of Humdinger, stated it is very difficult to. tell who is 16 and who isn't. He said in Spokane the fine for selling to someone under 16 is $1,000. He said in the last ten years over $40 million went into the coffers of the groups operating and selling fireworks and restricting the use of fireworks would take money away from those organizations. THE QUESTION WAS CALLED FOR A VOTE ON THE MOTION. Carried by a 4 -1 roll call vote. Barnett voting nay. Beauchamp and Carmichael absent. - • ORDINANCE NO. 3169, AN ORDINANCE relating to fire regulations; limiting the time of sale and discharge of common fireworks; prohibiting the sale of common fireworks to those under sixteen years of age; and amending. Section _10.05.060 '\ of the City of Yakima Municipal Code. * 18. CONSIDERATION OF AN ORDINANCE AMENDING. SECTIONS 8.12.070 AND 8.12.100 OF THE MUNICIPAL CODE PERTAINING TO LOCAL IMPROVEMENT DISTRICTS ORDINANCE NO. 3170, AN ORDINANCE relating to local improvement districts and assessments therein; defining the interest rates chargeable on installment assessmen payments; describing costs for legal, financial, and. appraisal services and any other City costs included within the expense for local improvement districts; and • amending Section 8.12.070 and 8.12.100 of the City of Yakima Municipal Code. * 19. CONSIDERATION OF LEGISLATION RELATING TO 1989 YPPA -LABOR CONTRACT: A. RESOLUTION AUTHORIZING EXECUTION OF COLLECTIVE BARGAINING AGREEMENT WITH YPPA FOR 1989 -1990 RESOLUTION NO. D -5574, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a collective bargaining agreement for calendar years 1989 -1990 with the Yakima Police Patrolman's Association. B. ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR - YPPA LABOR CONTRACT SETTLEMENT (FIRST READING) An Ordinance amending the 1989 Budget and appropriating funds for the YPPA labor contract settlement, having been read by title only at this meeting, was laid on the table for one week, or until May 23, 1989. • *20. CONSIDERATION OF AN ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION -PLAN FOR CERTAIN EMPLOYEES (YPPA SETTLEMENT, PERSONNEL TECHNICIAN AND DEPUTY PERSONNEL OFFICER) ORDINANCE NO. 3171, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective June 18, 1989; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, and Subsection 2.20.110 F, and 2.20.110 G, . all of the City of Yakima Municipal Code. • *21. CONSIDERATION OF AN ORDINANCE CORRECTING THE LEGAL DESCRIPTION OF THE EASTSIDE- ANNEXATION PROPERTY ABUTTING MAPLE STREET ORDINANCE NO.- :3172, AN ORDINANCE correcting the legal - description of the Eastside Annexation found in Ordinance No. 3096. *22. CONSIDERATION OF AN ORDINANCE AMENDING THE 1989 PARKS CAPITAL BUDGET FOR CHESTERLEY PARK IMPROVEMENTS (SECOND READING) ADD /5 6 6 MAY 16, 1989 An Ordinance amending the 1989 Parks Capital Budget for Chesterley Park improvements, having previously been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 3173, AN ORDINANCE amending the 1989 budget for the City of Yakima; and making an appropriation of $19,847 in the Parks Capital Fund for expenditure during 1989 for grading work at Chesterley Park. * 23. CONSIDERATION OF AN ORDINANCE AMENDING THE 1989 PARKS CAPITAL FUND AND APPROPRIATING FUNDS FOR SOFTBALL FENCE IMPROVEMENTS REQUESTED BY YAKIMA SLOW PITCH ASSOCIATION (SECOND READING) An Ordinance amending the 1989 Parks Capital Fund and appropriating funds for softball fence improvements requested by Yakima Slow Pitch Association, having previously been, read by title only, was brought before the Council for a second reading. ORDINANCE NO. 3174, AN ORDINANCE amending the 1989 budget for the City of Yakima; and making an appropriation of $12,300 in the Parks -&-Recreation Capital Fund for expenditure during 1989 for fence extensions at Kiwanis, Larson and Gardner Ballfields. *24. CONSIDERATION OF AN ORDINANCE AMENDING THE FIRE CAPITAL BUDGET FOR PURCHASE OF LADDERS AND RESCUE SAWS (SECOND READING) An Ordinance amending the 1989 Fire +.,Capital Budget and appropriating funds for the purchase of ladders and rescue saws, having previously been read by title only, was brought before the Council for a second reading. ORDINANCE NO. .3175, AN ORDINANCE amending the 1989 budget for the City of Yakima; and making an appropriation of $9,100 in the Fire Capital Fund for expenditure during 1989 for ground ladders and rescue saws. * 25. CONSIDERATION OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS TO IMPLEMENT THE LAW AND JUSTICE PROGRAM (FIRST READING) An Ordinance amending the 1989 Budget and appropriating funds to implement the Law and Justice Program, having been read by title only, was laid on the table for one week or until May 23, 1989. 26. OTHER BUSINESS • None Information Items: Items of information supplied to Council were: EPA Superfund Fact Sheet. 5/5/89; Minutes of March 14, 1989 Yakima County Coalition For The War On Drugs Board of Directors meeting; Memo from City Attorney regarding Damage Claims Referred to Insurance Company. 5/1/89; Memo from Block Grant Manager regarding March 1989 Minority Business Enterprise Report and Block Grant Monthly Report; New Vision newsletter, In Our .,Scope,, May 1989; Yakima Valley Conference of Governments newsletter, Volume 14, No. 5, May 1989;. Yakima Basin Resource News, April 1989; and Monthly Permit Report for April 1989. 27. EXECUTIVE SESSION REGARDING ACQUISITION OF PROPERTY It was MOVED .BY BUCHANAN, SECONDED BY SIMS TO MOVE INDO.. EXECUTIVE SESSION FOR APPROXIMATELY TEN MINUTES FOR THE PURPOSE OF DISCUSSING ACQUISITION OF PROPERTY AND PENDING ,LITIGATION, Unanimously carried by voice vote. Beauchamp and Carmichael absent. 28. ADJOURNMENT ADD /6 16 7 MAY 16, 1989 Following completion of the Executive Session, the meeting adjourned at 4:07 P.M. READ AND CERTIFIED ACCURATE BY ;- _ L _ _= NCIL MEMBER / , 7k/et_ CO CIL MEMB'' DATE ATTEST: . CITY CLERK MAYOR Minutes prepared by Linda Watkins ADD /7