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HomeMy WebLinkAbout08/08/1989 Business Meeting AUGUST 8, 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 Berndt, presiding, Council members Clarence Barnett, Henry Beauchamp, _Lynn Buchanan, Lynn Carmichael, Jerry Foy and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Toney also present. 2. INVOCATION The Pledge of Allegiance was led by Council member Sims. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Carmichael shared a newspaper clipping with a picture of a chain and nail device used to stop a high speed chase by Richland and Yakima law enforcement agencies recently. She commented' that she thought Chief Green might be interested in looking into the device for use by the City Police Department in future incidences. Council member Foy referred to the Yakima Rebound Plus report contained in the information items to Council members, asking if this issue will be brought back to the Council as a policy issue or a study session item. Assistant City Manager Stouder responded that this only is for informational purposes at this time. He added that staff will return with a more detailed report consisting of sources of funding available for such a program, a detailed budget, etc., and ask for a 'recommendation regarding .implementation of the Yakima Rebound Plus Program. Mayor Berndt 'indicated some citizens have expressed an interest in knowing more about this program. Mr. Stouder indicated he would be happy to meet and discuss this program with any interested parties. 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 Items Nos. 9 -B and 17 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 SIMS, THAT THE CONSENT AGENDA, AS READ, BE PASSED. Unanimously carried by 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 COUNCIL MEETINGS OF JULY 17 & 18, 1989 The Council minutes of July 17 & 18, 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 Jerry Henderson, 309 North 35th Avenue, President of the Yakima Interurban Lines Association, reported that the 1930 rail cars that were sold to Portland in 1958 are returning to Yakima sometime in mid - September. He informed Council that it is necessary to lay additional track for the cars and that project began last week. Mr. Henderson stated the Museum portion of the Yakima Valley Transportation will be closed from August 12 through September 1st, but hopefully will re -open in time for the Labor Day weekend. AAD /1 • AUGUST 8, 1989 2 2 9 • Clayton Rosenberg, 705 North 4th. Avenue -, again addressed Council asking that an amendment be made to the vicious dog ordinance so that such dogs are not allowed back on the streets once they have been impounded and subsequently retrieved from the confines of the Animal Shelter. He stated if this type of situation is allowed to • continue, someone is going to be attacked by a dog that he has reported previously as vicious. He also asked why it is taking Council so long to act on the building that houses toxic chemicals? City Manager Zais responded III that the building referred to by Mr. Rosenberg has been reported to the Department of Ecology and the Environmental Protection Agency and is under their jurisdiction; the City has no control over that situation. • Barbara Harris, P. O. Box 812, requested that she be issued an information Council packet rather than the regular packet she has been receiving. City Manager stated those packets are available upon request through the City Clerk's Office. Mayor Berndt designated Sunday, August 15th "Centennial Sunday" in the :City of Yakima, stating there are a number of festive activities that will be taking place at the Yakima Arboretum and encouraged citizens to attend. • • 7. PUBLIC MEETING ON REQUEST TO REZONE PROPERTY IN VICINITY OF 10TH STREET AND PACIFIC AVENUE, AS REQUESTED BY RODRIGUES /TORRES This being the time set for the public meeting on the request to rezone property in the vicinity of 10th Street and Pacific Avenue, Larry Lehman, Associate Planner, presented the staff report and recommendation, and yielded to questions from Council. Council member Carmichael expressed concern that the staff recommendation to the Hearing Examiner differs from the staff recommendation on on the agenda statement. She indicated her main concern is that of land use compatibility in conjunction with any potential rezone and the results of the study that is being conducted. Glenn Rice, Director of Community and Economic Development, stated Council's options today are to accept or reject the Hearing Examiner's recommendation and call for a hearing before the Council if more , information is desired. Mr. Lehman indicated that the prior use of the property in question was that of a garage and that is what the party requesting the rezone intends to do with the property. Mayor Berndt. opened the public meeting for ,comment at this time asking those in support of the request to speak at this time. Michael Schwab -, attorney representing the applicant, urged the Council to approve the rezone request., He •reiterated that the applicants intend to use the property to operate a garage,, as has been the history of the property, and stated that no damage will be done to the area. There being no other citizens present to address the issue, Mayor Berndt closed the public meeting, and asked Council members to make a declaration as to any possible contacts from, anyone regarding this request for rezone. All Council members having declared that no contact had been made, Mayor Berndt asked for Council direction at this time. -It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO ACCEPT THE RECO1MENIYTION OF THE HEARING EXAMINER. Carried by 6 -1 voice vote. Foy voting nay. Council member Barnett asked that the record indicate that his vote might have been different if there had been a significant amount of opposition to the rezone. Mayor Berndt indicated that she shared Mr. Barnett's thinking on this. 8. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS PROGRAM Code Enforcement Manager Bob Shampine indicated he has nothing further to add to the report and knows of no one present to address the matter. Resolution No. D-5618 having been read by title, it AAD /2 2 3 0 AUGUST 8, 1989 • was MOVED BY . BUCHANAN,_ SECONDED BY SIMS,,. THAT..THE RESOLUTION BE ADOPTED. Unanimously carried by roll call vote.. .` .RESOLUTION ND. D - 5618, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. City Manager Zais requested that Mr. Shampine give a brief status report on the building (located at 709 North 1st Avenue) containing the toxic waste referred to by Mr. Rosenberg during audience participation. Mr. Shampine reported that City staff worked with the Health District and the Department of Ecology (DOE) last year regarding this matter. He said that DOE issued a notice to clean up the building to the owners and the City has no jurisdiction in the matter at this point. Mr. Shampine indicated it is the responsibility of the Department of Ecology to follow through on the matter. Council member Foy suggested that City Attorney Vanek write a letter to the Department of Ecology requesting a status report on the matter, and if there is no response, the City should consider taking DOE to court. 9. CONSIDERATION OF LEGISLATION RELATING TO WASTEWATER TREATMENT PLANT: *A. RESOLUTION ADOPTING A FACILITY PLAN RESOLUTION .NO. D -5619, A RESOLUTION adopting the 1989 Wastewater Facilities Plan for the City of Yakima, Washington. B. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AMENDMENTS FOR FACILITY GRANTS PROJECTS Council member Barnett expressed his frustration with the state and federal mandates continually issued by the Department of Ecology and the Environmental Protection Agency causing the Wastewater Treatment Plant projects to escalate in cost. He stated there seems •to be no end to these mandates. City Manager Zais suggested Council put this on their list of issues to discuss with Congressman Sid Morrison at a future meeting. Wastewater Superintendent Chris Waarvick pointed out that changes in the 1988 Fire Code has also caused some added expense to the project. He agreed with Council member Barnett that it is very difficult for staff to keep abreast of the ever - changing state and federal mandates of the Department of Ecology and the Environmental Protection Agency. The discussion having concluded and Resolution No. D-5620 having been read by title, it was MOVED BY BUCHANAN, SECONDED '..BY SIMS,. THAT .THE"` RESOLUTION_":.BE . ADOPTED. Unanimously carried by roll call vote. • . RESOLUTION.NO. D- 5620,. A RESOLUTION authorizing the execution of Amendment #4 to the agreement with HDR Engineers, Inc., consulting engineers, for professional engineering services. - *C. RESOLUTION AUTHORIZING CONTRACT AMENDMENTS FOR REQUIRED DISCHARGE PERMIT ACTIVITIES RESOLUTION NO. D- 5621, A RESOLUTION authorizing the execution of Amendment #7 to the agreement with HDR Engineers, Inc., consulting engineers, for professional engineering services. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT FOR 8TH STREET AND YAKIMA AVENUE SIGNALIZATION PROJECT .RESOLUTION NO... D- 5622., A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the State of Washington, Department of Transportation, for partial reimbursement of costs for improvements to 8th Street and Yakima Avenue Intersection. *11. CONSIDERATION OF RESOLUTION AUTHORIZING PUBLIC WORKS DIRECTOR TO TRIM VEGETATION FROM CLEARVIEW TRIANGLE AT 1908 GRANT AVENUE AAD /3 231 AUGUST 8, 1989 RESOLUTION NO. D -5623, A RESOLUTION directing the Public Works Director to trim vegetation from a clearview intersection triangle located at 1908 Grant Avenue, imposing costs and assessing the lien. * 12. SET ATE OF PUBLIC MEETING FOR AUGUST 15, 1989 ON REZONE OF PROPERTY AT 5405 SUMMITVIEW, FROM R2 TO B1, REQUESTED BY CLINE /ORMBREK August 15, 1989 was set as the date for a public meeting on the rezone of property at 5405 Summitview, from R2 to B1, as requested by Barbara Cline and Kenneth Ormbrek. * 13. SET DATE OF PUBLIC HEARING ON AIRPORT ANNEXATION FOR AUGUST,22, 1989 August 22, 1989 was set as the date of public hearing on the • proposed North Airport area annexation. *14. REPORT FROM DIRECT ADMINISTRATORS REGARDING YEAR -END 1988 SELF - INSURED FUNDING STATUS The 1988 Year -End Report for the City of Yakima's Self- Insured Health Care Plan submitted by Direct Administrators, was accepted. * 15. MONTHLY REPORT FROM SAFETY COMMITTEE ON MOTOR VEHICLE ACCIDENT STATUS (ACCEPT REPORT) The monthly report from the Safety Committee regarding Motor Vehicle Accidents for June 1989, was accepted. * 16. REPORTS FROM FINANCE DEPARTMENT (ACCEPT REPORTS): A. SECOND QUARTER 1989 INSURANCE REPORT The Second Quarter 1989 Insurance Report, submitted by the Finance Department, was accepted. B. SECOND QUARTER 1989 BUDGET REPORT The Second Quarter 1989 Budget Report, submitted by the Finance Department, was accepted. 17. APPROVAL OF OUT -OF -STATE TRAVEL FOR JERRY COPELAND, PUBLIC WORKS DIRECTOR, TO ORLANDO, FLORIDA Concerns were expressed by Council members Foy and Barnett about the Director of Public Works attending the International Public Works Congress and Equipment Show. Mr. Foy stated it is his opinion that many of the topics listed in the conference program are outside the realm of the Director of Public Works duties and responsibilities, and fall more in the category of other city departments. Council members Beauchamp, Buchanan, Carmichael and Sims spoke in support of Mr. Copeland attending the conference, stating it is important for the Public Works Director to keep . ,abreast of the latest equipment and technology being used in the various departments that he is responsible for overseeing. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO APPROVE THE TRAVEL REQUEST AS SUBMITTED, FOR JERRY COPELAND, PUBLIC.WORKS DIRECTOR, TO ATTEND THE. INTERNATIONAL PUBLIC WORKS CONGRESS AND EQUIPMENT SHOW SEPTEMBER 23 -28, 1989, AT A COST OF $810. Carried by 5-2 voice • vote. Barnett and Foy voting nay. • *18. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR PURCHASE OF PROPERTY FOR SEWER MAINTENANCE FACILITY AND ARCHITECTURAL FEES An ordinance appropriating funds for the purchase of property for a sewer maintenance facility and architectural fees, having been read by title only at the previous meeting, was brought before the Council for a second reading. AAD /4 • • 2 3 2 AUGUST 8, 1989 ORDINANCE NO. 3188, AN ORDINANCE amending the 1989 budget for the City of Yakima; and making an appropriation of $340,000 in the 476 - Sewer Construction Fund for expenditure during 1989 for sewer maintenance facility relocation land acquisition and architectural fees. * 19. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR PURCHASE OF COMPUTER FOR TRANSIT DIVISION An Ordinance appropriating funds for the purchase of a computer for the Transit Division, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3189, AN ORDINANCE amending the 1989 budget for the City of Yakima; and making an appropriation of $22,605 in the 364- Transit Capital Fund for expenditure during 1989 for computer hardware and software. *20. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR ACQUISITION OF PHOTOCOPY MACHINES An Ordinance appropriating funds for acquisition of photocopy machines, having been read by title only at the July 25, 1989 meeting, was brought before the Council for a second reading. ORDINANCE .NO. 3190, AN ORDINANCE amending the 1989 budget for the City of Yakima; making appropriations for the acquisition of distributed duplicating machines from Unappropriated Fund Balances within various Funds for expenditure during 1989. *21. FIRST READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR WATER TREATMENT PLANT LEVEE MAINTENANCE (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance appropriating funds for Water Treatment Plant levee maintenance, having been read by title only, was laid on the table for one week, until August 15, 1989. 22. OTHER BUSINESS Mayor Berndt reported that on Sunday, she and County Commissioner Graham Tollefson welcomed ten visitors from the Soviet Union as well as ten people from Plow Shares to the Yakima Valley. She indicated that they will be working with Habitat for Humanity for three weeks. Mayor Berndt shared that she had asked the spokesperson for the group why they had selected Yakima as the City to visit. She was told that of all the cities in the northwest, they had been informed that Yakima is a city that is working together to solve its problems and is a city that is making things happen. Mayor Berndt stated it is her understanding that ABC news, NBC news, and USA Today are supposed to be in Yakima this week as well. James I. Bunch, 1908 Grant, asked what action was taken on Agenda Item No. 11, Consideration of a Resolution Authorizing the Public Works Director to trim vegetation from the clearview triangle at 1908 Grant. He said he owns the property at that location and no one from Public Works has been to..his residence to discuss this matter. He added that he does not . believe, he is in violation Mike . of any ordinance. Traffic Engineer Donahue indicated that two or three letters have'been mailed to 'Mr: Bunch' about this problem. Mr. Bunch asked that someone come to his residence to discuss this rather than mail a letter to him. Mr. Donahue indicated that city staff would be out to review the issue with him. Council member Carmichael announced that the Regional Junior Legion Baseball Tournament will be held in Yakima this weekend, with visitors from all over the west coast in attendance. AAD /5 233 AUGUST 8, 1989 Information Items: Items of information supplied to Council were: Memo from Assistant City Manager regarding Property Maintenance Codes, Yakima Rebound Plus, 8/4/89; Memo from Director. of Public Works and Parks and Recreation Manager regarding Extension of the 1989 Outdoor Swimming Season at Franklin Pool, 8/4/89; Memo from Cable Communication Coordinator regarding Cable Consulting Services Report for July 1989; Article from August 2, 1989, The New York Times National, "Drug Plan to Push Law Enforcement. "; Monthly Permit Center Report for July 1989; Agenda for Yakima Valley Conference of Governments Executive Committee Meeting and minutes of its July 17, 1989 meeting; and the Quarterly newsletter from New Vision, In Our Scope, August 1989. 23. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING It was MOVED BY.BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY TWENTY MINUTES FOR THE PURPOSE OF DISCUSSING COLLECTIVE BARGAINING AND PERSONNEL MATTERS, WITH IMMEDIATE ADJOURNMENT THEREAFTER. 24. ADJOURNMENT Following the completion of Executive Session, the meeting was adjourned at the hour of 3:45 p.m. READ AND CERTIFIED ACCURATE BY G%' �i�s•� /7 / s CO IL MEMB R DATE 44181 ATTEST: COUNC f ie/00746.o, EMBER DATE CITY CLERK MAYOR Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC. AAD /6 '