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.
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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
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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.
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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
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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.
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. 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
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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.
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*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.
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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
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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.
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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.
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