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HomeMy WebLinkAbout12/19/1989 Business Meeting .369 • DECEMBER 19, 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, Lynn Buchanan, 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. Council member Henry Beauchamp present at 2:04 P.M. 2. INVOCATION The Invocation was given by Council member Foy. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt, Council members and City Manager Zais expressed their appreciation to Council member Foy for the years he has served as a Council member for the City of Yakima, and wished him good luck in his future endeavors. 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. 9 be added, and Items Nos. 10, 13 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 FOY ' SECONDED." BY ` SIMS,: 'THAT'° THE CONSENT AGENDA, AS READ, BE PASSED. The' motion carried by a unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) • 5. AUDIENCE PARTICIPATION Rick Chasteen, Administrative Director of the Good Samaritan Health Care Center located at 702 North 16th Avenue, asked Council to install a traffic signal light or a pedestrian crosswalk at 16th & Jerome Avenue, due to the number of accidents involving children at that location. Mr. Chasteen stated there has been three accidents in the past five months, all involving children. It was pointed out that the Housing Authority is located across the street from the Good Samaritan Health Care Center and there are 46 units in that development with a number of children living there. Mr. Chasteen stated there is approximately one accident a month at that particular intersection. It was the decision of the Council to refer this to the Traffic Engineering Division and request a full report be brought back to Council. Mr. Chasteen submitted to the City Clerk a petition bearing 306 signatures asking for a traffic signal or a crosswalk at 16th Avenue and Jerome. 6. PUBLIC MEETING ON HEARING EXAMINER'S DECISION PERTAINING TO REZONE REQUEST BY MARVIN SWAINSON FOR PROPERTY AT "I" STREET AND NORTH FIRST STREET • Associate Planner, Joan Davenport, reviewed the staff report stating this is a rezone for approximately .9 acre in the vicinity south of "I" Street between 1st and 2nd Streets. The applicants are asking to rezone the property from Multi- Family Residential (R -3) to Central Business District Support (CBDS). The staff is recommending approval of the request; the Hearing Examiner heard the issue on November 1st, 1989 and recommended approval, as well. Mayor Berndt opened the public hearing for testimony in favor of the request. Harold Amos, owner of the property just south of the proposed rezone, spoke in favor of the rezone. There was no one present to speak in opposition of the rezone. Mayor Berndt closed the public hearing and asked AD /1 DECEMBER .19, 1989 3'10 Council members ..to make a declaration of contact ;' there had been none. It was MOVED BY . FOY, .SECONDED" BY SIMS, ' TO ACCEPT THE HEARING EXAMINER'S ON 111E" 'FACTS AND FINDINGS.* The motion carried by a unanimous voice vote. 7. PUBLIC MEETING ON THE APPEAL BY TIGER BIN MINI -MART ON THE HEARING EXAMINER'S DENIAL FOR AN ADDITIONAL FREESTANDING SIGN • Associate Planner Joan Davenport highlighted the content of the application stating, Mr. & Mrs. John Kincheloe own the Tiger Bin Mini Mart located at 1808 North 1st Street, the property is zoned CBDS, and contains an Exxon Gas Station. The uses were separated in 1981 creating a multiple use situation. The property is owned by Tiger . Oil which is an Exxon distributor. Mrs. Davenport stated Chapter 8 of the Zoning Ordinance regulates the sign placement. There are currently two free standing signs on the property; a 60 feet freeway sign and a multiple use sign. In April of this year Exxon Oil obtained a sign permit allowing them to remove the multiple use sign and replace it with another free standing sign. This is a Class I action and the Code Administrator granted the request_ under the condition that the multiple use sign would be removed, leaving two free standing signs. The Exxon portion of the sign has been removed, however, the sign post is still in place and Mr. Kincheloe prevailed in leaving his portion of the sign in place until this action is finalized by Council. At this point, there are three free standing signs there and the Kincheloes have asked that the situation remain status quo, leaving the portion of the free standing sign that was cut off there. A public hearing was held by the Hearing Examiner in June and staff recommended denial of the third free standing sign which is actually the old sign. A new sign, which is a wall sign, was put up in April. The third sign is on the frontage • of 1st Street and is used basically to display Exxon products. Staff recommended removal of the old sign and the Hearing Examiner upheld that recommendation. That decision was subsequently appealed to the City Council and a hearing was held in which the issue was remanded to the Hearing Examiner. The Hearing Examiner held another public hearing on October 4th in which he reaffirmed his previous decision. Mrs. Davenport stated this is an appeal of the Hearing Examiner's denial of the sign. • Mayor Berndt opened the public meeting, asking those wishing to speak in support of the sign do so at this time. Jim Lust, 405 North 3rd Street, Attorney representing the Kincheloes, pointed out that Mr. & Mrs. Kincheloe were ndt given an opportunity to address this issue at the initial hearing. He stated if they had been, perhaps the outcome would have been different. Tiger Oil .made the application for the new sign and permission was granted by the Code Administration Manager, provided the old sign was taken down. He explained that the original sign was jointly owned by Tiger Oil• and the Kincheloes, but the pole was owned by Exxon /Tiger Oil. The readerboard sign belongs to the Kincheloes, who have invested $2,142 - in the sign. The Kincheloes are concerned that removal of the sign will have an adverse impact on their business because the Tiger Bin Mini Mart will not be as visible to the public. The Exxon station is only open until 10:00 P.M., whereas, the Tiger Bin Mini Mart is open 24 hours a day. When the Exxon station closes at 10 :00 P.M. the sign is turned off, leaving the Tiger Bin Mini Mart virtually in the dark as it is situated on the back of the lot. Mr. Lust stated the location of the sign, with'the readerboard and the light on, is an indication that the store is still open for business. He stated Exxon will allow Mr. & Mrs. Kincheloe to place a bar sign on the existing sign, but there would be no readerboard and the sign would be _turned off after 10:00 P.M. He stated because the Kincheloes were not a party to the original proceeding, there was nothing they could appeal and had to request an administrative adjustment on their behalf. He stated they are asking Council to allow the original sign to stay in place for the benefit of their business. Following a • brief 'discussion of the issue, Mayor Berndt asked if there was anyone else present to speak in favor, or in .opposition to;' the sign and there was no one. Mayor Berndt asked that Council make a declaration of contact regarding this issue and no one had been contacted. Mayor Berndt then asked for Council direction and it was MOVED BY BARNETT, 3 / DECEMBER 19, 1989 SECONDED ' BY BEAUCHAMP, ... THAT.. WE UPHOLD THE (APPELLANT, - 'AND.' ALLY THE SIGN THROU THE ADMINfiSTRATIVE ADJUSTMENT. The""inotibh carried by a 4 -2 voice , vote; Berndt 'and Sims'• voting" nay ` City Attorney Vahek asked those Council members voting in favor of the motion to state their reasons for the record. Council member Barnett stated it is his understanding that an administrative adjustment can be made with the procedures of our ordinance and he feels that a strict interpretation of the ordinance, without such an adjustment, would hinder the ability of the person to make a living. Council member Foy stated he made his decision on the basis that he thinks sometimes government is too strict and not compassionate enough to understand that it's not just government law that caused this situation; it is lots of things. He stated he feels we should not be so restrictive when we are trying to promote economic development in our community. Council member Buchanan stated he feels it is an injustice to allow two signs for one company and no sign for the other company and we need to allow the other company a sign advertising their business. Council member Beauchamp stated he feels the Kincheloes got caught, in a very unnecessary predicament and that they have a business in which they are being forced to operate without signage after 10:00 P.M. He stated their traffic base comes from the passing public and he feels it was wrong for Exxon and Tiger Oil to treat them this way. • 8. CONSIDERATION OF RESOLUTION ADOPTING A SUBSTANCE ABUSE POLICY FOR THE CITY OF YAKIMA Police Chief Green stated he is pleased to present this Substance Abuse Policy which is a result of a joint management /labor committee that was set up in April of last year at the request of the City Manager. He said the committee was to develop a substance abuse policy to comply with the federal requirements adopted in 1988 to provide a substance free :work place. Chief Green stated the committee solicited a number of other substance abuse policies currently in effect throughout the country; reviewed those and developed a rough draft which was later refined for submission to Council. Council is being asked to adopt this policy effective January 1, 1990. He stated under this policy, no employee will be disciplined prior to receiving training due to the nature of the job. The Personnel Department will implement training, beginning with Management /Supervisor personnel, and hopefully, by May 1st every City employee will be trained as to the Substance Abuse Policy. Chief Green stated certain positions have been identified on Attachment "A" for pre - employment screening. An Employee Assistance Program (EAP) will also be established by May 1st. Chief Green expressed appreciation to those who assisted in the development of this program. Mayor Berndt commended Chief Green, City Manager Zais, and other staff for the manner in which this issue has been handled to insure that the employees understand that the goal is for them to have a more productive place to work and confidential assistance if needed. Discussion ensued regarding prescribed drugs that might cause drowsiness versus the over -the- counter drugs that produce the same effect, with Council member Barnett asking why the non- prescription drugs were not included. Chief Green responded that the policy is intended to address prescription or controlled drugs. He conceded that many over - the - counter medications may cause the same effect, but added that if there is a logical, reasonable explanation for an employee to be taking medication, whether it is prescribed or over -the counter, an employee will not be subject to disciplinary . action under this policy. Irl the discussion that followed, Mayor Berndt stated in the future she would like to see employees who work with children included in this program. Council member Sims applauded the efforts of those who worked on this policy, stating he views it as a very positive policy. Bob Desgrosellier, 1512 S. 3rd Avenue, President of Local 1122, reiterated comments made by Chief Green, adding that the main statement he would like to make is that the Union feels the policy, at best, rests on the Employee Assistance Program. Following further comments, and Resolution No. D -5663 having been read by title, it was 'MOVED BY' BUCHANAN, `SECONDED BY • SIMS, TO ADOPT THERESOLUTION. . • DECEMBER •1989 .3 72 . RESOLUTION NO. D- 5663,. A RESOLUTION .adopting the City of Yakima • t Policy onSubstance Abuse in the Workplace. *9. APPROVAL OF FINAL CONTRACT PAYMENT FOR POOL BOND.ISSUE 'PROJECTS -- ALSO SEE STAFF REPORT FROM PUBLIC WORKS (STANDARD MOTION V B,.ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) The report submitted by the Department of Engineering and Utilities, regarding the Final Contract Payment for Sevigny Construction, Inc. for Franklin/Washington Pool Renovation, and the staff recommendation to accept the project and approve the attached final estimate, was placed on the Consent Agenda and approved as submitted. 10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SECOND AGPLEX MODIFICATION OF CONVENTION CENTER AGREEMENT FOR SUNDDME BONES Phil Pleasant, 701 South 7th Avenue, asked how this bond issue will impact him over the next twenty years? Council member Foy responded that the bond issue is actually an assessment to the citizens of Yakima for the construction of the SunDome. Secondly, part of the impact comes from the hotel /motel tax which the hotel /motel owners • have agreed to assess themselves. He explained that the City made a decision to give up the 4% on the hotel /motel tax so those funds can be used for construction of the SunDome. City Manager Zais stated the City has already made a commitment to pay additional debt service costs to be used for the SunDome construction, and this is the final legislation to allow that to .happen..,Mr..Pleasant stated ,he would like to know `the 'dollar amount he will have to pay.,as, a business man for a license and how much more will he have to Pay as a property owner. Mayor'Berndt stated it will not affect his property tax, but it has resulted in a 50% surcharge on his business license. Mr. Zais stated this is the second tier of increases for the SunDome. He explained that the first year the funds were from the increase in the business license fees two years ago, and the remainder is from Public Works Trust Fund monies from the State of Washington, which is derived from the real estate transfer tax from the sale of real estate. Mr. Pleasant asked if he pays this tax every time he transfers property and Council indicated that is correct. Resolution No. D -5664 having been read by title, it was.MOVED "BY. FOY, SECONDED BY SIMS, "THAT THE "'RESOLUTION 'BE ADOPTED. The motion carried by a unanimous voice vote. • RESOLUTION NO." D , A RESOLUTION authorizing execution of a Second Agplex Modification of Convention Center Agreement. *11. CONSIDERATION OF RESOLUTION AUTHORIZING AMENDMENT TO THE GRANT AGREEMENT FOR FEDERAL ASSISTANCE FOR YAKIMA AIR TERMINAL IMPROVEMENTS RESOLUTION. NO. D -5665, A RESOLUTION authorizing, ratifying, and adopting an amendment to the grant agreement for federal assistance, between the Federal Aviation Administration and the Yakima Air Terminal Board for project number 3 -53- 0089 -10. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA COUNTY AND AREA AGENCY ON AGING FOR A PREVENTATIVE FOOTCARE PROGRAM FOR SENIOR CITIZENS III RESOLUTION''NO. D- 5666, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with •the County of Yakima, Area Agency on Aging, for a Geriatric Footcare Program. 13. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR JANUARY 17, 1990 ON THE VACATION OF PORTION OF ALLEY BETWEEN NO. 5TH AND 6TH AVENUE, ON "I" STREET, AS REQUESTED BY CREST LINEN . Council member Barnett pointed out that the date on the resolution is different from that on the agenda sheet, and asked which is the correct date. Staff indicated the correct date for the public 373 DECEMBER 19, 1989 hearing is January 17, 1990. Resolution No. D-5667 having,,been read by title, it was MOVED BY 'FOY,' SECONDED D'AM "BUCHANAN; ' THAT - THE ' RESOLUTION `BE "ADOPTED'.: The motion carried'by a unanimous roll call vote. RESOLUTION NO.:D 5667,'A RESOLUTION fixing a time for public hearing on Petition No. 1079 to vacate that portion of the alley located between North Fifth and North Sixth Avenues, consisting of 250 feet from "I" Street southward. The date of hearing before the Hearing Examiner is set for January 17, 1990. *14. APPROVAL OF SEPTEMBER AND OCTOBER 1989 TREASURY REPORTS The September and October 1989 Treasury reports were accepted. ' *15. APPROVAL OF NOVEMBER 1989 BUDGET REPORT • The November 1989 Budget report was accepted. 16. CONSIDERATION OF ORDINANCE ADOPTING THE CITY OF YAKIMA BUDGET FOR 1990 • City Manager Zais stated this is the completion of the 1990 budget process and includes all of the. budget policy issues and material acted upon on December 9, 1989. He stated the 1990 budget is $59,637,764, an increase of 0.5%. The ordinance having been read by title, it was. MOVED 'BY' FOY," SECONDED. BY `SIMS,° :THAT" :THE °ORDINANCE BE PASSED.. The motion .. carried by a unanimous roll call vote. Council Barnett indicated he was voting in favor of the ordinance, however, that does not mean he supports all of the policy issues approved by Council. City Manager Zais thanked the Council for another successfully completed budget process. 'ORDINANCE NO. 3226, an.ordinance adopting a budget for the City of Yakima, Washington, for the year 1990; and making appropriations for estimated expenditures. 17. CONSIDERATION OF AN ORDINANCE RELATING TO OCCUPATION TAXES ON WATER SUPPLY BUSINESSES AND IMPOSING A TAX IN THE AMOUNT OF ,6% OF TOTAL GROSS INCOME COMMENCING JANUARY 1, 1990 AND 12% OF TOTAL GROSS INCOME COMMENCING JANUARY 1, 1991 . City Manager Zais explained that Council was provided with a substitute ordinance which indicates this tax relates to potable water and not irrigation water providers. Preston Shepherd, Manager of the Nob Hill Water Association, stated he has been advised that it is important for him to point out why an exception should be made for Nob Hill Water Association in regard, to this tax. He read a portion of the RCW 84.36.250 which relates to water distribution property owned by non - profit corporation or cooperative associations which reads "the following property shall be exempt from taxation: all property, whether real or personal, belonging to any non - profit corporation or cooperative association and used exclusively for the distribution of water for ,its shareholders or members ". Mr. Shepherd stated he has spoken with the County Assessor regarding this issue and he (the County Assessor) believes that because Nob Hill Water Association does not rent any property, or have any fund raising activities that would place them in a taxable position, therefore, they should not be taxed. Terry Brooks, Attorney for Nob Hill Water Association, addressed Council regarding this issue. He reiterated Mr. Shepherd's statement that Nob Hill Water Association is tax exempt under RCW 84.36.250, adding that no present legal authority has been presented to Council to justify imposing a Business and Occupation (B & 0) tax on Nob Hill Water Association. He stated, under state law, there is no tax that can be imposed on Nob Hill Water Association. Mr. Brooks stated even if that was not the reason, there is no specific reservation of the right to impose a tax such as a B & 0 tax, a license fee or a tax. Mr. Brooks stated he hopes the City will not enact the DECEMBER:19, 1989 37 • ordinance, or consider deferring its enactment, and proceed with a declaratory judgement act in Superior Court which could be resolved expeditiously and would avoid a tremendous amount of expense to the City and Nob Hill Water Association. City Attorney Vanek commented that Council has received a memorandum from Mr. Knox, of Preston, Thorgrimson's office, (the City's legal counsel) which addresses most of the issues raised as to the legality of the tax. He stated it is the opinion of the City's legal counsel that the City has the authority to enact the tax, therefore, the proposed ordinance has been drafted and submitted for Council's approval. Ordinance No. 3227 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY FOY, 'TO PASS THE ORDINANCE. The motion carried by 5 -1 roll call vote; Barnett voting nay because he objects to the 12% increase in • tax for 1991. He stated he also feels this violates the traditional policy of not imposing a Business and Occupational tax, and primarily because he thinks it should be in the classification with the other non -city utilities. ORDINANCE NO. 3227, an ordinance relating to licenses and business regulations; relating to occupation taxes on water supply businesses; imposing a tax, establishing rates, noting referendum procedure, and ' adding Section 5.50.060 as a new section of the City of Yakima Municipal Code. *18. CONSIDERATION OF AN ORDINANCE MAKING ADJUSTMENTS TO THE REFUSE RATES FOR 1990 • ORDINANCE NO. 3228, an ordinance relating to health and sanitation; increasing refuse' charges; and amending Subsections 4.16.140C and 4.16.140E of the City of Yakima Municipal Code. *19. FIRST READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR TOURIST PROMOTION (NO FORMAL ACTION REQUIRED AT' THIS MEETING) An Ordinance appropriating' funds into the Tourist Promotion - . 'Fund, having been read by title only, was laid on the table until 'January 12, 1990. • *20. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS INTO THE HEALTH BENEFIT RESERVE FUND An ordinance appropriating funds into the Health Benefit Reserve Fund, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3229, an ordinance amending the 1989 budget for the City of Yakima; making appropriations for Employee Health Benefit Reserve costs from Unappropriated Fund Balances within various Funds for expenditure during 1989. *21. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS INTO THE WAR -ON -DRUGS FUND An ordinance appropriating funds into the Coaliton for the War On Drugs Fund, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3230, an ordinance amending the 1989 budget for the • City of Yakima; and making an appropriation of $35,000 in the Coalition for the War on Drugs Fund for expenditure during 1989 for Drug Prevention, Education and Intervention Programs. 22. OTHER BUSINESS There was discussion about Council member Barnett representing the City Council on the SunDome Committee. It was the consensus of the Council that Mr. Barnett serve in this capacity. . • Council member Foy thanked the citizens of Yakima for giving him the opportunity to serve as a City Council member. He expressed his appreciation to City staff for the support given him over the past AAD /6 3 75 DECEMBER 1.9, 1989 years. He thanked the Police Department and asked that Council continue to support that department as it near and ,dear to him and he is extremely proud of the Yakima Police Department. He also expressed his appreciation to the City Clerk and Deputy City Clerk and complimented Mayor Berndt that there are times when a prayer is said rather than reciting the Pledge of Allegiance before the business of the Council is conducted. Council member Foy stated he is retiring on February 28th and will begin a new career that will allow him to be deeply involved in the City and the County in which he resides. He..thanked City Manager Zais for his friendship and indicated friendship will continue.. . Information Items: Items of information supplied to Council were: Memo from Block Grant Manager regarding Ethnic participation in Housing Program. 12/15/89; Letter from Department of the Army, Corps of Engineers, regarding deferral of Yakima -Union Gap flood control. project. 12/5/89; Letter from Washington State Public Works `Board regarding List of projects recommended for Public Works Trust Funds. 10/31/89; Letter from the Office of the State Auditor regarding State Auditor's Office Customer Service Survey - Progress Report. 12/7/89; Article from November 11, 1989 Seattle P.I., "Predictions on the State of our Future "; Agenda for December 10, 1989 City of Yakima Hearing Examiner meeting; Letter to City Supervisor, Union Gap, regarding Sewer Service Agreement; Helena Chemical Office and Weyerhaeuser Facility. 12/12/89; Legal Department Monthly Report for November 1989; and Agenda for December 20, 1989 Police and Fire Civil,Service Commission meeting and minutes of its September 27, 1989 meeting. EXECUTIVE SESSION It was MOVED' BY. BUCHANAN, SECONDED "'BY - SIMS, 'TO::'`MOVE. ` INTO ; .EXECUTIVE SESSION lAR APPROXIMATELY .FIFTEEN ." MINUTES' FOR THE ., PURPOSE OF DISCUSSING. . LITIGATION,..: AND T EN: T Y .JANUARY 2, 1990. The motion carried by a.unanimous voice vote. 23. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at the hour of 3:53 P.M. READ AND CERTIFIED ACCURATE BY) ��. , Al -• '0 CO ► ' IL 'IBER - / 1 TE ATTEST: . 4...6w / !�t,a /7' CO 'IL MEMBER ' ' DA a' CITY CLERK MAYOR Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC. AAD /7