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HomeMy WebLinkAbout07/19/1988 Business Meeting • 409 JULY 19, 1988 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, Acting City Clerk Toney and Department 1/ Assistant Barber also present. 2. INVOCATION The Pledge of Allegiance was -by Council member,'Barnett. • 3. OPEN DISCUSSION FOR THE GOOD ORDER • • It was MOVED by Carmichael, seconded by Foy, that - Teri Lynn .Epperson and James W. Garlington'be appointed to serve on the Community 'Programming Advisory Committee. Unanimously carried by voice vote. Mayor Berndt circulated thank you note to.the Council members from the family, for flowers that were sent in )i memory of the Rev. Denman,`who passed away recently. Mayor Berndt 'presented a special 'commendation and appreciation certificate to Battalion Chief Gene`Martin in • recognition of Fireman Steve Wilson for saving a. lady's life on June 30, 1988 by administering CPR at an automobile accident in Yakima. Mayor Berndt announced the Yakima Explorer Post #275-, under the direction of Brenda George, Community Services Officer • for the -Police Department, competed in Boston, Massachusetts July 11 -15, 1988 and received a 2nd place trophy.: George- gave an overview of the competition program and introduced the Explorers who were present: Annette Curtis, -Damon Ewing, Tonya Long, Brad Martin, Michelle Sharp, and Yvonne Swart, and Tonya Thompson. Officer George' stated the Explorers are in the process of • raising donations for an academy. This year, the program will be held at the Yakima • •Firing Center during the month of August. Officer George thanked the City Council for their support of this program. Mayor Berndt commended all the Explorers, Officer Brenda George and Officer James Belton for their time invested in this program'. - II 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. Council member Barnett asked Item :No. '5, the minutes, be corrected to read the June 14, 1988 meeting, not June 21, •1988. Council member Foy commented that Other Business had been inadvertently omitted from the Agenda and •asked that it be added. It was the consensus of the-Council that be added to the Agenda as Item 16 A. Item No. 12 was removed from the Consent Agenda, as requested by Council member Foy. The Acting City Clerk then read the Consent Agenda items, including resolutions and ordinances 1:51i It was MOVED by Buchanan, seconded by Foy, that'the "Consent Agenda, as read, be passed. Unanimously carried by roll call vote. (Subsequent paragraphs preceded asterick -( *) indicate items on the Consent Agenda handled under one motion without further discussion.) - • . CM /1 410 • JULY 19, 1988 *5. APPROVAL OF THE MINUTES OF THE COUNCIL MEETING OF JUNE 14, 1988 The Council minutes of June 14, 1988, 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 .� o None 7. REQUEST FROM JOHN P. SWANSON _(5603. W. _LINCOLN) - FOR : APPEAL OF ZONING INTERPRETATION BY CITY HEARING EXAMINER. Joan Davenport, Associate Planner, stated Mr. & Mrs. John P. Swanson are present and have filed an appeal of the Hearing Examiner's decision regarding a use interpretation for a home . occupation. ,. ,_,stated. the property is located.- on the northeast corner of 56th and Lincoln Avenues. She stated they described use of their home as, a_ reception ,hall, primarily for weddings and small receptions. Mrs. Davenport stated the applicant requests reception halls, as described, be�_permitt.ed as a- home.-occupation since the property will remain primarily a single - family residence. Mrs., Davenport stated staff recommends reception.halls. not be permitted as a (3) Home Occupation in the R -1 Residential Zone due to ,incompatibility with the, R -1 zoning .district and traffic problems. .She stated the Hearing Examiner concurred with the staff_ report, denying the classification o.f_:a_ reception hall as a permitted home occupation in an R -1 zone. Discussion •followed,wi_th the members expressingconcern for the residents sin. this area ,_as. reception -.halls _ : could be • disruptive to their neighborhoods and would,, increase traffic. Council members Beauchamp and Buchanan expressed concern that the neighbors have not been given an opportunity to voice their opinions about this issue. Mrs. Davenport stated - Council may "adopt, amend and, adopt, ,reject, reverseamend and reverse the findings, -conclusions, and decision „ of .the. Examiner or remand the matter : for future consideration ".. Mayor Berndt. asked the Council members to declare,if ,they had been contacted.by anyone regarding this appeal,of zoning interpretation prior to this public meeting. None of_them had been. Mr. Swanson explained to the Council members.there will be no changes to the exterior of.the home, no • ,than, 20_ people in attendance at any_ function, it would_ .be . extremely quiet, affairs, and they. can_ -park 16 • automobiles„ He He, stated _they are asking for_ .a classification . as a reception hall_ as there would be times_ a small wedding reception would follow a wedding ceremony. Mr. Swanson stated_he will .perform the ceremony and Mrs. Swanson will handle the receptions. He stated the idea is :to create additional income for them and to provide a service for the community that is not currently offered by anyone. Mr. Swanson stated they counted traffic at that intersection and.,found an..average of 7.1 cars per minute went through the intersection. He stated during the busy times of the day the coun,t_was.up to 283 cars, in a 50. period. He asked for the. Council's. consideration . and a change, in the interpretation of the, Hearing Examiner's_ ruling., I t was • MOVED by. Barnett, seconded by Buchanan, , allow wedding chapels as a home ,occupation in a R -1 ; zone, ,subject to a Class,_(3)..Review., by 6-1 voice vote. Sims voting nay. Council, member. Barnett stated .the Class (3)_Review in the ; R -1 Zone,. will require a hearing be ,conducted- by the Hearing Examiner. Council member Foy stated staff's : analysis in. their. report helped him to make _his decision. Council member Carmichael stated, she did .not vote. She stated everyone had been- talking about meeting . rooms, and suddenly they are, talking about wedding chapels.. She stated she is not comfortable with the direction_ •we are going as there was not enough information, therefore, she,did.not vote. Council • CM /2 JULY 19, 1988 411 member. Buchanan stated, there. should be .neighborhood input . and a,Class,(3) Review.will .allow for this: Council member • Beauchamp expressed concern .regarding, the: neighborhood's feelings. Council member Sims asked if the Class (3) Review .would be brought, back to Council and Don,, Skone, Planning Man responded,, ,o,nly .if it is appealed;—Council member Foy expressed _..concern regarding .possible .stipulations if a • Class_ .(3.) Review is approved. 8. PUBLIC ,HEARING REGARDING URBAN DEVELOPMENT ACTION GRANT . APPLICATIONS :.. . This being,,, the,`time_ , set for the hearing .: on the Urban Development -- Action Grant, Fred.. S.touder, Assistant City Manag,er,,.w present to review and receive com regarding potential Urban, Development. Action Grant application .submittal to the Department of Housirig,. .and. Urban . - Developm Mr:. .St ,reported - two .proposals have been received :, 1 ), The, J. I Haas. Hop, Extract expansion on 16th Avenue and River Road which-is an.•eight to ten million dollar project,and will 'create 35 fobs.,- He.explain_ed that, project is contemplated. to use, industrial revenue bonds. The UDAG is to allow that _• p roject r to` use those bonds if that project A f. ,exceeds $ Mr. S stated - J'... I.. 4 Haas announced .. several weeks. ago they will. be building • a"`high "tech carbon • deoxide hop extract processiing facility its present prop a t l6t and River—Road, 2) The Mercy . Development :regarding, _Commercia and rela :parking in the downtown area on Yakima Avenue between 2nd and '3rd Streets which ist,a seven and a half million dollar proje ,and will create an additional,.50- 60,.jo bs depending upon the amount of retail'. Mr. Stouder stated this parking facility' by . . Mr. Mercy, ` and ,:partially by the ci and .would. generate . revenue on a revenue basis. Mr. :.Stouder •state'd` Mercy and r Tim McGree, who is representing J. I Haas, are present to answer any quest.ions for the City Council. Council member Sims asked if the J. I. Haas property is within the Yakima City limits? Mr. Stouder stated that property., is ,currently outside the City limits, however, that is an' annexation issue currently being discussed with the Yakima County . Commissioners and the annexation process has been, initiated. . C member Foy, 'desc the ,th ; . major projects in p Yakima as the SunDome, the J. I. expansion and the Mercy Development for parking., He stated these three • . projects represent over .25. million dollars being; invested in . the City and the City needs to'be very positive in processing . . the app' i.cations , to _HUD as . we, want the . employme to stay here, for, some time Mayor Berndt opened the::, Public Hearing for testamony at this, tim .. Tim ' McGree, Executive • Director of the Y.ak,_ima County Development Association; was; present to express their _ interest,_ in pursuing . the " inter - development action, with the community He, ` ;st ated - ;the J. I. Haas _investment in the community will exceed' - ten million :dollars. Mr. McGree. encour n I/ aged Coucil''to appr submission . of ,the, applications to , H.-U. D , There b ove eing.. no, one else present � to address the,,,U..D.A.G. applications, Mayor Berndt closed the public hearing, adding that the second public hearing on the.U.D.'A.G. applications will be held July 26, 1988. No action is required at this time. ,..- 9. CONSIDERATION OF RESOLUTION, REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM Code Administration. Manager, Bob Shampine, indicated there was no one present to address this • issue. ; Resolution No D -5477 having been read title, it was MOVED by Carmichael, seconded .by Sims, _to adopt the resolution.. Unanimously carried by roll call vote' • RESOLUTION, NO . D- 5,477, , RESOLUTION authorizing the Code . ., Administration .Manager . .clear ;certain weedy ;hots.- CM /3 • 412 JULY•19, 1988 10. CONSIDERATION' OF RESOLUTION AUTHORIZING EXECUTION OF FIRE ALARM DISPATCHING CONTRACT WITH YAKIMA COUNTY FIRE DISTRICTS (SEE - RES.OLUTION ' AND REPORT) Fire Chief' Gerald Beeson presented the Fire Communications Services Contract to City Council for consideration. He ' explained the contract is for a three year period from January 1, 1988 through November 31, 1 He stated it is basically the same type of contract that we have had in the past with the exception of two changes; 1) a flat fee increase in revenue of 28 percent, and 2) in 1989 and 1990 a change in the method of determining the fee on the percentage of operating costs to fees based on a per call basis. He stated each district would be charged $16.25' per emergency call'for 1989 and $17.00 for 1990. Chief Beeson staff is asking Council to approve the resolution authorizing this contract; Council member Foy stated when this it was felt that some'figures were somewhat high:`' He asked staff if this Yiad any effect on their long- range He - asked how that affects' the overall 'planning.structure? Chief Beeson stated .staff did make reference in the reorganization report that they were going to generate additional revenue from various contracts. He stated the contract. the °City had was not sufficient' and staff knew they • would have to increase the•rate. He stated, however,'at this point in we have is an acceptable package''for both parties. Council•.member 'Sims expressed appreciation for the effort and sproceSs the staff has gone through. It MOVED by Buchanan, seconded by Foy, td accept the staffreport and adopt'the resolution, as read, authorizing the contracts to be signed. Unanimously carried by roll vote. ' RESOLUTION NO. D- 5478,,A RESOLUTION authorizing theexecution of a Fire Communications Services Contract with the cities of S,.elah and'Union Gap and Yakima County•Protection Districts 1, ' 2, "3' ;' 4, 6; 9, '10,-11, 12 and'•13. *11. SET DATE OF PUBLIC MEETING FOR PRELIMINARY PLAT OF- StJNNYSLOPE ADDITION FOR JULY 26, 1988 • July.2 1988 was set as the'date of public meeting on the . Sunnyslope Addition Preliminary Plat UAZO SUB #1 -99. REPORT FROM PUBLIC WORKS REGARDING REFUSE TRUCK REPLACEMENT - -REQUEST FOR OUT -OF -STATE TRAVEL 'Council member Foy requested clarification if an organization • that says it has 16 units at 15,000 on the rig going . to some other system or just getting rid of these units. Don Toney, Fleet' Manager, responded they recently spent 15 million dollars to implement an automated system and no longer need these trucks. It was MOVED by Foy, seconded by Barnett approve the Out -of -State travel for - Don Toney, Fleet'Manager, to travel to Salt Lake City,' Utah, to inspect two refuse packer'units July 21, 1988, at a cost of $670.00. Unanimously carried by voice vote. *13 SECOND QUARTER MOTOR VEHICLE ACCIDENT REPORT The second quarter 1988 vehicle accident report submitted by the Personnel Officer and Code Administration Manager was accepted. 14. CONSIDERATION OF LEGISLATION RELATING TO YAKIMA COUNTY -WIDE 'COALITION FOR THE WAR ON DRUGS: City Manager Zais submitted corrected copies of the Final • Draft of the Drug Coalition° Agreement between Yakima School District No. 7, Yakima County,. and the City of Yakima. He stated'the School District and;County ratified this corrected agreement today.' Mayor Berndt expressed support for this agreement and stated the City plans to do a six month and an CM /4 • 413 JULY .19,.1988 annual review 1 of this ag- reement. -Mayor Berndt stated a press conference will be held tomorrow _morning : introduce the new Drug Coalition Director. Council members Barnett and Foy expressed support - -for the group working on the drug problem in this area. Council member: Foy referred to the Coalition Agreement, and stated it is his understanding this organization is a self contained organization and is not a part of thee- City- -and will function as a 'separate autonomy. City' Manager Zais responded, "Yes "., however,. the City assumed the` - accounting ' responsibil -ity `so it becomes :a - part of the City' budget.. He stated there -is an inter -local agreement which necessitates the appropriation of the City funds. Council member Foy stated on Page 3, the Agreement reads, "The Board shall have the power to buy, sell:, 'lease,. and own real and- personal property ", and he believes it should read, "with the approval of the following parties, City, County, and School' District." 'Council member Foy stated since the - City- will have a ' fidiciary responsibility in .tracking this, he does not think , the agreement .should say: the Board will have the power. Het' stated he does .not want. _to' give up his right -of , power when -it .comes- to - selling,, leasing, owning, or buying personal •property. f suggested._ this Board be administered as the Airport Board is and that they come to they City Council when personal .property is - purchased, just`'as a protection to the City. City Manager •Za'i:s +stated in the next' 30 days, the County will try to ' -find office space and equipment to lease for the new Director and Council member Carmichael stated she is opposed to Council member Foy stated 'He believes' the 'City, ,still, `should- have: them come to the , Council for: .'concurrence: Council - member. Foy stated he believes the audit, referred to on Page 4, should be done by a. CPA (Certified Public Accountant), not -a' Washington State auditor. City Manager Zais ' stated since. the City 'assumed the accounting responsibility, it ' - falls'- .under the jurisdiction of the Washington State Auditor. Council' member-Toy stated he' :believes 'paragraph b on Page 5 of the , Agreement should 'read, : " personal property will be `liquidated by the Coalition under -the 4 supervision of the Board and approval of the parties " as there may be properties we don't want them to sell that we may want them to hold, i.e. , equipment that could be used'. :Council member Foy commented he is in favor of an inter - agency agreement, ' however,'- hei this should be looked into: at a future date. -. , . f _ _ . r. ! . 'i :I _ 1 _ _ : . I r .L._. .. _ _+.. A: , 'Resolutions -'No. , D- 5479;' '.having been read_ =by: title, it was MOVED by Carmichael, seconded by Foy -,: _to 'execute an interlocal agreement with Yakima County, Yakima School -'< District No. - 7,' and the City. of-: _Yakima Unanimously carried by voice vote. (Beauchamp absent :'briefly.) A RESOLUTION authorizing execution of ._._: interlocal agreement with Yakima County, Yakima School District #7 II • ' 'and' -the City of Yakima. - -' n; - B. - Ordinance No. 3111, having been read ' title, it was ,.I': MOVED by - Carmichael seconded by Beauchamp, that the ordinance - creating funding for the Yakima Area Coalition For The War On. Drugs. 'be passed. Unanimously .carried by roll call vote. 1 1 An ORDINANCE creating funding for the Yakima Area - 7 , Coalition ''For -the. War Drugs. :. • : C. ORDINANCE APPROPRIATING FUNDS IN" THE WAR ON -DRUGS FUND r. (FIRST READING) (SEE ATTACHED BUDGET) " ' -' ' ' - 1 ' = An ordinance' appropriating $70, 500 -.in the :Coalition for the War on Drugs Fund for expenditure during:_the period of -Jul y through December, 1988 for encompassed by the Interlocai having been read by title .' _ , ,.. . CM /5 414 JULY • 19, 1988 only, was laid on the table for one week,_ or until July 26, 1988: •, • D. .ORDINANCE APPROPRIATING CITY GENERAL :FUND RESOURCES FOR . TRANSFER TO WAR .ON DRUGS. FUND .(CITY SHARE) (FIRST • . READING) • • . An ordinance appropriating $25,000 in the General Fund : for the City of Yakima's contribution to the Coalition for the War on Drugs, having been read by title only, was laid on the table for one • week, or until July 26, 1988. E. APPOINTMENT .OF- CITY BOARD MEMBER TO COALITION AND CONFIRMATION OF SEVENTH MEMBER TO COALITION BOARD • It. was MOVED by Foy., seconded, by Buchanan, to, aprove the appointment of Pat Berndt.as the City Board member to the Drug ..Coalition. Unanimously carried by voice vote. . It ' was MOVED by Barnett, _ seconded. by.. Foy, to approve the appointment of _ Dennis-Taylor, Boise.Cascade, as the seventh member of the_Coalition,.Board.- * 15. CONSIDERATION.OF. ORDINANCE AMENDING THE ,1988 POLICE. BUDGET . APPROPRIATING FUNDS FOR ANTICIPATED INCREASES. IN CITY JAIL • PAYMENTS TO YAKIMA COUNTY '($75,000) (FIRST READING) . An ordinance appropriating $75,000 in the General.Fund for unanticipated jail costs, having been read by title only, was laid on the table :for one week, or until July_.26, 1988. * 16. CONSIDERATION:: OF ORDINANCE AMENDING THE 1988 WASTEWATER . FACILITIES CAPITAL RESERVE 472 FUND FOR SUPERNATANT LAGOON CLEANOUT CONTRACT - An ordinance appropriating $35,000 for completion of the clean -out of the supernatant sludge lagoon, having been read by ,title only, was laid on the table for one week, or until July, 26, 1988. 16A. OTHER BUS•IN.ESS ., Council member Foy requested a• resolution be formulated to return joint law facilities revenues to the cities to build regular facilities. Council member Beauchamp stated he .endorses this. request. Mayor Berndt stated she would like to .hear more input from Pleas Green. . • Council member: Buchanan•handed out•booklets he received at AWC on recycling regarding solvent management. EXECUTIVE SESSION City Manager Zais requested an executive session for the purpose of discussing prospective litigation. It was MOVED by Carmichael, seconded by Beauchamp, to move into Executive Session for the purpose of discussing prospective and pending litigation :for approximately 10 minutes,_ to be followed by -immediate adjournment. Unanimously. carried by voice vote. Information Items: Items of information supplied to ,Council-were: Letter from Department of Ecology, dated July .12, 1988, regarding the Yakima Urban Area Comprehensive Plan; Letter to Department of Interior dated July 15, 1988, regarding the :Yakima River Basin Water Enhancement Project, and Status Report of Rattlesnake Creek•Feasibility Studies, dated July 15, 1988; Narcotics Enforcement Update dated July 12, 1988, from the Chief of Police; Letter from the Department.of Ecology dated July 12, 1988, .regarding public meetings on the Draft 1989 Puget Sound Water Quality Management Plan; and Letter from CM /6 JULY 19, 1988 Governor Gardner appointing Bob Shampine to the Building Code Council, 6/23/88. 17. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at the hour of 3:30 p.m. READ AND CERTIFIED ACCURATE B �'�/ �8 C• ; 1 ':ER / DATE ATTEST: ► I v.. U 1 ...4. .:�/. l 4 5iNCIL :ER j DATE AC II ate►. __...uL__ • "L;,,ll & - J �. ...r B 'BARA J. TOOFY, CMC / PATRICIA A. BERNDT, MAYOR ACTING CITY CLERK (Minutes prepared by Irene R. Barber, Department Assistant.) • I/ CM /7