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HomeMy WebLinkAbout09/20/1988 Business Meeting 463 SEPTEMBER 20, 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, City Clerk Roberts and Deputy City Clerk Toney also present. II/ 2. INVOCATION ' ' The Invocation was'given by Council member Beauchamp. '3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER - • • None . • 4. CONSENT AGENDA Mayor Berndt referred to the items placed on'the Consent- Agenda, questioning whether there were any additions or deletions from either Cbuncil members or citizens present.' It was the consensus of Council to add Item No. 19 to the agenda as a Consent item and Item No. 8 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 Carmichael, 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 THE MINUTES OF THE COUNCIL MEETING-0F 'AUGUST 2, 1988 The Council minutes of August 2, 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 • Mayor Berndt introduced the Director of the Drug Coalition, Frank Glaspey, and asked him to give a status report on the Coalition for • the War' On Drugs. Mr. Glaspey stated, he should be in•This new office next week. He said there will be a "We The 'People Community' Day" this - Sunday with a drug march to heighten the awareness of the drug problem, and raise money for - the drug rehabilitation program of First Love Ministries. There will be a Drug Awareness Week sometime after January''l, 1989. Mr'. Glaspey stated the Governor will present a proclamation designating October as Awareness Month: He said there are seven bills currently before the' legislature which effect the drug problem in a number - of ways, including funding. Mt. Glaspey stated he is working with two local service groups and the Chamber of Commerce to adopt policies for ;drug free work environments. He concluded his. remarks by saying '' the Coalition is•establishing a candidates forum sometime in the -month of October to let the public know the candidates position on the drug and alcohol issues. The Coalition is also refining the legislative package to be presented in January to the Legislature. 'He expressed appreciation of the support the City Council has given in regard to the Drug •Coalition. • .• • - Joe Hastings, •404 North Naches, Assistant Director of - Francis X Center, stated-he like- the City to use his agency as a resource in the panhandling issue brought before the City Council last week. He stated they are a drop- in'center that provides a secure, hospitable place for 'street • people and are open Monday ' through Friday. from 7:30 A.M. to 4:30 :P.M.'Mr. Hastings stated they see about- 'thirty to forty people a day,.depending on the • AAD /1 464 SEPTEMBER 20, 1988 season. He stated his agency is a social service and would like to bel a part of the solution for the street people. He welcomed suggestions and cooperation from the City. Doug Earp, First Love Ministries, asked if a permit has been granted for the Community Day and the races in the area of Franklin Park and Parker Field. Mayor Berndt stated this was approved on the-Consent Agenda today and asked if the time specified in the • Resolution for the race is correct. The Resolution gives the time of .the race as 11:00 .A.M. to 12:00 P.M. Chief Green stated the Resolution deals with the street run portion, but there is a bike race which is separate and apart from the street run. He stated this .needs some additional action on the part of the Council. Mayor Berndt suggested Mr. Earp meet with Chief Green and Jerry Copeland to discuss a possible solution and present this prior,to the conclusion of the Council meeting. 7. PUBLIC MEETING ON APPEAL BY DAVID AND DONNA FERRIS ON APPROVAL OF APPLICATION BY HOLY CROSS ORTHODOX CHURCH TO.CONSTRUCT CHURCH AND PARKING LOT IN VICINITY OF 704 STEWART STREET This being the time set for the public meeting on the appeal of Mr. & Mrs. David Ferris on the approval of the application by Holy Crossl Orthodox Church to construct a church and parking lot in the vicinity of 704 Stewart Street, John Haddix, Associate Planner, reveiwed the staff report. He . stated a public hearing was held on the Class 3 Review on July 6, 1988 and a.final decision for approval by the Hearing Examiner Pro Tem on July 8, 1988. He said staff' is recommending approval of the Hearing Examiner's decision to ,deny,. the appeal. He then yielded to inquiries from .Council. Mayor) Berndt inquired if any of the Council members had been contacted by proponents, opponents, or if, they had received any )material other than . that provided by staff; none had. Discussion ensued regarding the height of the building and the dome on top of the church. Mr. Haddix explained that according to the formula used, the building is approximately six inches under the overall height requirement. Council member Barnett asked Mr. Haddix to research and comment on what had been waived by the the Hearilng .Examiner Pro Tem in Section 15.09.060. Discussion continued with Council member Buchanan commenting that the Hearing Examiner appears to be waiving issues during the public hearing which results in an appeal before the Council by unhappy residents close to the proposed projects. Council member Foy referred to the parking requirements on page B3 which indicates four of the parking stalls were waived by the Hearing Examiner. Mr. Foy stated the report does not mention any provision for handicapped parking stalls. He asked how many handicapped parking stalls would be required for this proposal. Mr. Haddix stated that is a State code reqirement which had been overlooked by staff. Council member Barnett asked why the Traffic Engineer did not make a traffic analysis on this proposal. Mr. Haddix stated the Traffic Engineering Division was given the opportunity to respond, but he cannot give any reason as to why they did not do so. Council member, Foy.asked..that Mr. Haddix research the questions posed by Council while opponents and proponents are giving public testimony regarding this proposal. Mayor Berndt opened the public meeting and asked that those in favor. of the appeal speak at this time. Rex Siegmeth, 911 South 8th Avenue, stated most of the issues were brought forth at the public hearing before the Hearing Examiner, however, he would like to reiterate the concerns about the traffic control .and the overcrowding of the neighborhood. Council member Barnett inquired about parking along 8th Avenue, between Nob Hill Boulevard. and Stewart. He asked if the street is wide enough to allow for two lanes of traffic if vehicles are parked along 8th Avenue. Mr. Seigmeth stated the street is too narrow to allow two lanes of traffic and for this reason, a bottleneck results on 8th Avenue from the flow of the neighborhood traffic. There being no one else to speak in favor of the appeal, Mayor Berndt asked those: wishing to speak against the appeal to do so,at this time. Father Joseph Copeland., 618 South 3rd Avenue, stated this location was chosen for construction of a new church AAD /2 SEPTEMBER-20, 1988 465 • - because the lot is vacant and most of his- parishioners live within - walking distance of this particular piece 'of....property:_:He stated they have spoken to- some- of the residents-and have explained what ' ' they would -like- to do. Father Copeland stated any form of development at that location .will create additional :traffic for the neighborhood, regardless of its nature. Denise:Copeland, 618 South 3rd Avenue, John Bulgar 317 North 26th Avenue, Glenna .Hagler, 614 • South - 9th- Avenueland Lila Renfroe, -709 •South 5th.Avenue, -also spoke in - support :of the proposed church and parking lot. -Mrs. Hagler commented many church - members reside in the neighborhood, and' are already a part of-„the current traffic problem, therefore, the- increase in traffic may not be as great as the residents ' anticipate. - -- In response to Council member Barnett's earlier- inquiry, Mr. Haddix stated he had - researched the waiver: of Section 15.09.060 and discovered that the information supplied to Council contained a typing error in that it should -have read Section 15.06.090 rather than Section 15.09.060. Mr.. Haddix 'said this • section addresses the planting area standards which are 24 square - feet, and "C" states that one tree from the shall be ' planted for-every-fifteen single -row '-or every thirty double row parking-stalls within the parking lot. Council members Foy asked where the main irrigation line is located- on this piece of property. Mr. Haddix stated -there is an existing. -sanitary sewer - - line and- irrigation line located in -the easement area. of the parking- lot. Mr'. -Foy stated under -the utility agreement, •it is not permissible to build over the:top of,these_ lines because • they - must - be accessible for repairs.- He stated. _he does not understand -why City staff allows people -to build :.on' utility easements.'Mr. Haddix stated he agrees -with Council member Foy on that issue, laowever, it has been a. .longstanding practice. of the City to allow this. Regarding the handicapped parking stalls, Mr. Haddix stated two stalls are needed to meet state requirements. Council member Barnett stated -he believes this should be remanded to the Hearing Examiner Pro Tem because there, were a -couple of • items that were not discussed during the public hearing. It was moved by Barnett, seconded by Foy, to remand•this:to the Hearing Examiner Pro ' -Tem for a determination, of whether the..traffic generated by -the church will create-excessive congestion and safety hazards not compatible to the neighborhood due..'to the narrow streets of Stewart and 8th -Avenue, including a -- determination of whether 8th ' Avenue is wide enough -to handle the 'exit traffic from the church, and, secondly, consideration of the handicapped parking -standards which would be below-the standards established.. by the • State Building Code and' whether or not - he feels he should make a • waiver on that point -, and, thirdly, - a correction ofi-the 'citations in the- ordinance just discussed. -Unanimously carried by voice - vote. Council- member-Foy commented he the Hearing .Examiner • Pro -Tem should- stipulate that if repairs are necessary,- the parking lot' =will have to be- disturbed without liability .to:. the City to - restructure the parking -lot. City Attorney= -Vanek - stated' in the past this has been worked out with the City Irrigation- Cepartment and the party wishing to pave over the easement. He stated that is a much' cleaner mechanism for dealing with the issue and should not be made a part of this motion. The. question was called for a vote on the motion. Unanimously carried by voice vote. • Mayor Berndt - explained that the •issue will -be remanded to the Hearing 'Examiner Tem -.for consideration : of. the traffic congestion, the handicapped parking stalls and clarify the section of the Urban Area Zoning ordinance referred to incorrectly in the - text. She stated either 'party will have the- right of ,an appeal without paying additional fees. A brief discussion ensued regarding the appeals before the Council recentl -y. Council member Buchanan stated it might be.better to go back to the former system (City Planning Commission) — because it seems that the Hearing Examiner is not'taking the concerns of the neighborhood into consideration. Council member Barnett commented he believes the Hearing Examiner is relying too much upon the staff reports rather than researching the issue for himself. City AAD /3 466 SEPTEMBER 20, 1988 • Manager commented there are a number of cases that do not come before the City Council, but.are handled routinely by staff and the Hearing Examiner. Secondly, he stated the broad discretion granted to the Hearing Examiner -allows for a great deal of judgment on the part. Of the Hearing Examiner, who must remain neutral on. the issue. Mr. Zais reminded Council that the Hearing Examiner is an employee of the City and County and these issues can be discussed at the time of the annual review and contract renewal., Council member Carmichael stated Council meets with the Hearing Examiner on an annual basis, and suggested they meet with the Hearing Examiner Pro -Tem on an annual basis as well. Council member Foy,suggested a check list be developed by staff to eliminate oversights such as the ' handicapped parking stalls which is a State Building Code requirement. Council member Barnett commented some of the documents in the Council packet were impossible to read and asked that better quality be presented in the future. Mayor Berndt asked that Chief Pleas Green and Doug Earp share with the Council their plan of action for the footrace and bike race to be held on September 25th. He stated they are requesting that the hour ,of the bike race be changed to 12:15 p.m. to 1:30 p.m., however, the route will remain the same. Chief Green said it was decided that the Franklin Park route be used for the bike race and volunteers from "We The People" will set out the barricades for the race. It,was MOVED by Buchanan, seconded by. Carmichael, to change the hours of the race from 11-:00 a.m. to 1200 p.m. to 12:15 p.m. to 1:30 p.m. Unanimously carried by voice vote. It was MOVED by Buchanan, seconded by Carmichael, to conduct the .bicycle race at the same time; to be run at Franklin Park. :Unanimously carried by voice. vote. The question was called for a vote on.the resolution as amended. Unanimously carried _by roll call vote. (The: resolution is actually Item 15 on today's Consent Agenda.) 8. REPORT :•FROM ENGINEERING DIVISION REGARDING PETITION ; FOR .TWO -WAY LEFT TURN.LANE ON 40TH AVENUE, NORTH OF ENGLEWOOD Director of Engineering and Utilities, Dennis Covell, stated a citizen had removed this item from the Consent Agenda and yielded to Mr._Hall. Thomas Hall, 105 North 28th Avenue, inquired if it is legal _to cross the two yellow lines on North 40th, Avenue, just north of the Englewood intersection? A discussion ensued in which Mr. .Hall stated he had received conflicting information from City staff and the Police Department regarding his inquiry. Following, further discussion, it was MOVED by Carmichael, seconded by ,Sims, that this be referred to staff to: 1) do a traffic .analysis to determine if a two -way left turn lane is warranted, and 2) dependent on the findings of the warrant analysis, discuss with the churches the' formation of an L.I.D. and City cost sharing - participation recommendation. Unanimously carried by voice vote. Mr. was asked to meet with Chief Green to discuss the legality • of making turns across two yellow lines at this particular location. *9. REPORT AND CONSIDERATION OF. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH SCOTT WETZEL SERVICES. FOR WORKERS' COMPENSATION SERVICES RESOLUTION NO. D -5502, A RESOLUTION authorizing the City Manager and_the,_ City Clerk to execute an agreement with Scott Wetzel Services, Inc.. for workers' compensation services. *10. REPORT FROM ENGINEERING DIVISION REGARDING CITY_ OF YAKIMA CONTRIBUTION OF PATHWAY GAS.TAX FUNDS FOR GREENWAY PARK PATHWAY • SYSTEM • The report from the Engineering Division regarding the City's contribution of Pathway Gas Tax Funds for Greenway Park Pathway System, was accepted. AAD /4 • SEPTEMBER -20, 1988 467 *11. CONSIDERATION-OF AUTHORIZING SUBMISSION ;OF.'1989 STATE DEPARTMENT OF COMMUNITY . -DEVELOPMENT,_ RENTAL' REHABILITATION APPLICATION RESOLUTION NO. D -5503, 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. - . *12. CONSIDERATION OF - RESOLUTION- - AUTHORIZING EXECUTION OF. GRANT DOCUMENTS'-WITH --THE FEDERAL 'AVIATION ADMINISTRATION FOR: AIRPORT IMPROVEMENTS ' RESOLUTION NO. D -5504, A RESOLUTION authorizing the Chairman'of the Yakima Air Terminal Board to execute Federal Aviation Administration grant documents. 1 *13. CONSIDERATION OF RESOLUTION ORDERING SEGREGATION OF ASSESSMENT IN ' VAN- WECHEL SEWER LID NO. 1035 • -- • - H - . - • - ' RESOLUTION NO.-D- 5505; - A RESOLUTION. - ordering segregation of an assessment in Local Improvement District No. 1035. *14. CONSIDERATION OF 'RESOLUTION AUTHORIZING -CLOSURE OF STREETS TO CONDUCT APPLE CLASSIC STREET RUN (CONTINUED FROM 9/13/88) RESOLUTION NO. D -5506, A RESOLUTION authorizing the - closure of • : certain streets within the City of ' Yakima to 'accommodate -the apple Classic Street Run. *15. CONSIDERATION OF RESOLUTION AUTHORIZING- CLOSURE'.OF- .STREETS TO CONDUCT WAR-ON -DRUGS STREET RUN SPONSORED BY FIRST LOVE MINISTRIES • (AS AMENDED)'- • . .. . . 1 , ' RESOLUTION -'NO. 'D -5507, A RESOLUTION authorizing 'the closure of certain'streets within the City'of Yakima to accommodate the War on Drugs Run. - *16. REPORTS FROM DEPARTMENT OF FINANCE AND BUDGET: A.- APPROVAL OF AUGUST 1988 BUDGET REPORT , ' ' . • The August 1988 Budget Report was accepted. 1 B. APPROVAL OF JULY'1988 TREASURY REPORT (STANDARD MOTION V -B; • - ACCEPT.. AND APPROVE 'REPORT) - , • - .. ' . i' - - . The report from the Director of Finance and Budget dated September 20, 1988', regarding the - investments of the City)of Yakima for'the month , of July 1988,-was accepted and approved .. c . . _ , .. _ *17. -APPROVAL OF OUT-OF -STATE TRAVEL FOR: '' - -- = .K1 A. -TOM DILLON,'POLICE DEPARTMENT;'TO BOISE, IDAHO The ''Out -of -State travel for Tom Dillon,'IPolice Department, to attend -the Associ'at'ion of Police Planning and Research _Officers - Conference - in Boise, ' -- Idaho, - September , 28 -30, - 1988, at a..cost of $175.00;-was approved. - • - .- • B. B.H4 LANNY BONSEN,' TO EMMITSBURG, MARYLAND =' The -of -State travel for - - Lanny Bonsen, Fire- Department, to attend'the'Natibnal Fire' Academy's "National' Emergency -Prep. Sem.: PDS -course, in EMmitsburg, - Maryland; September 25 -30, 1988, at a cost of $55.00, was approved. - C. 'BILL THOMPSON AND EFTON DAY; WASTEWATER TREATMENT'PLANT, TO . • - CORVALLIS, OREGON ' ' ` The Out -of -State travel 'for Bill Thompson and'`'Efton Day, Wastewater Treatment -Plant, to attend' the. Collection - 'System Fall AAD /5 468 SEPTEMBER 20, 1988 Short School, in Corvallis, Oregon, September 27 -30, 1988, at a cost of $173.00 each, was approved. * 18. CONSIDERATION OF LEGISLATION REGARDING FIREFIGHTERS COT,T,F;CTIVE BARGAINING NEGOTIATIONS FOR 1988 ii • A. RESOLUTION AUTHORIZING EXECUTION OF COLLECTIVE BARGAINING A GREEMENT RESOLUTION NO. D -5508, 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 1988 and 1989 with Local 469, International Association of Fire Fighters, AFL- . ,CIO. _ . •e - - I - • B. ORDINANCE AMENDING THE 1988 BUDGET AND APPROPRIATING FUNDS TO FIRE DEPARTMENT BUDGET FOR LABOR SETTLEMENT (FIRST READING) An Ordinance appropriating funds into the Fire Department Budget for labor settlement having been read by title only, was laid on the table for one week, or until September 27,, 1988. - I C. ORDINANCE AMENDING THE 1988 BUDGET AND APPROPRIATING FUNDS INTO 'THE HEALTH RESERVE FUND (FIRST READING) An Ordinance appropriating funds into the Health Reserve Fund for payment of dependent medical claims, having. been read by title only;, was laid on the table for one week, or until September 27, 1988, D. ORDINANCE AMENDING THE COMPENSATION PLAN FOR CERTAIN EMPLOYEES • ORDINANCE NO. 3125, AN ORDINANCE relating to City personnel; • adopting a classification and compensation plan for City employees to. be retroactive to January 1, 1988; amending Subsection 2.20.110 H, all of the City of Yakima Municipal Code, and declaring an emergency. 19. OTHER BUSINESS • * A. SET DATE OF HEARING ON APPEAL OF. DENIAL OF ISSUANCE OF TAXI DRIVER'S LICENSE REQUESTED BY LLOYD BENNETT This was an off agenda item which was added to the Consent Agenda. September 27, 1988 was set as the date of hearing on the appeal of the . denial of the issuance of a taxi driver's license, as requested by Lloyd Bennett. Council member Barnett initiated discussion related to the letter from the Board of County Commissioners requesting a meeting in October concerning the sewer service analysis. City Manager Zais suggested that the City proceed with the adoption of the Water Sewer Comprehensive Plans as planned. Following a brief • discussion, it was the consensus of the Council that the County's consultant be informed that the information he is requesting is on file with the City and may be reviewed by him at anytime. Council member Buchanan referred to the second paragraph of page two,of the preliminary analysis by the County's consultant which speaks of the infiltration and inflow problem, stating,the City is considering drilling a new well to replace the Ranney Well because the Irrigation System put their irrigation line in a steel pipe which has resulted in the elimination of seepage. He stated this paragraph is totally out of place, adding that obviously the seepage is from the multiple irrigation canals to the west of the City which are situated on higher ground; this is part of our irrigation problem. . Council member Foy reported that County Commissioner Klarich telephoned City Manager Zais and asked the City to increase it's contribution to the SunDome by another $5,000. He stated they are requesting this increase so they can sell another 3.1• million dollar bond issue. Mr. Foy stated the City has already increased AAD /6 SEPTEMBER 20, 1988 - 469 • it's contribution from $30,000 to $35,000 and recommended the City not approve the additional $5,000. It was MOVED by Barnett, seconded by Beauchamp, to deny the request. Unanimously carried by voice-vote. . - Mayor Berndt informed Dennis Covell that she•has received several _ phone calls regarding the poor quality of the workidone• on the resurfacing of 16th Avenue after- the removal of the railroad tracks. She inquired if he has received any phone calls regarding • • -- -this issue. Mr.: Covell stated, he has not received any calls on this, 3 however, • thiS visa temporary measure because this section of 16th Avenue'•is part of a project which has been submitted for Urban . Arterial monies and staff will know in October if the project has been approved. Mr. Covell indicated the Track Removal project has not .yet been closed_ out as_ there isstill some work -to be completed. Council member Foy suggested a walking inspection be • performed prior to closing the project. Mayor Berndt indicated she would provide Mr. Covell with the name and phone number of the woman who - called' her.,:: Mrs. Berndt. .stated she is: talking specifically about the area between Tieton Drive and Nob Hill Boulevard on 16th Avenue. Council member Barnett stated he drives this area every day and sees nothing wrong with that section of 16th Avenue. Council member Carmichael asked why the barricades have been on 2nd Street by Seafirst Bank for three weeks now? She indicated the barricades are blocking three parking stalls and she would like to see them removed if there is no reason for them to be there. Mr. Covell stated he has no idea why the barricades are there, or by whom, but he will check into it. Council member Carmichael also inquired about the construction being done on Yakima Avenue, asking if the public has been informed as to the length of the project. She stated there are signs on both sides of the street which say "use the sidewalk on the other side of the street." Assistant City Manager Stouder stated this is related to the project initiated by Joe Morrier and the downtown merchants to remove the mid -block crosswalks. He indicated most of the work is being done at night in an attempt to prevent disruption of the downtown area. Mr. Stouder stated staff will check into this situation. • Information Items: Items of information supplied to Council were: Letter from Yakima County Commissioners regarding request for additional information on the proposed increase for sewer surcharge to County residents and sewer surcharge analysis by Economic and Engineering Services, Inc. 9/15/88; Memo from Chief of Police regarding Narcotics Enforcement Update. 9/12/88; Memo from Yakima Valley Visitors & • Convention Bureau regarding Membership revenue for 1987 and to-date for 1988. 9/14/88; Memo from Assistant City Attorney regarding Liability Releases. 9/6/88; Reports from Personnel- Office regarding Open Competition Hiring Status (8/17/88); 1988 Temporary Hiring Status (8/17/88); and Current Vacancies as of August 17, 1988; Agenda for September 21, 1988 Yakima Urban Area Regional Planning Commission meeting; Minutes of the August 8, 1988 Parks and Recreation Commission meeting; and Article from September 1988 Governing magazine, "Bricks Without Straw: The Complaints Go On But Congress Keeps Mandating." 20. EXECUTIVE SESSION REGARDING PENDING LITIGATION • • It was MOVED by Buchanan, seconded by Carmichael, to move into Executive Session for approximately 30 minutes for the purpose of discussing pending litigation and adjourn immediately thereafter. Unanimously carried by voice vote. Beauchamp absent. AAD /7 470 SEPTEMBER 20, 1988 21. ADJOURNMENT Following the completion of the Executive Session, the meeting adjourned at the hour of 4:00 P.M. READ AND CERTIFIED ACCURATE BY� - '" COUNVI MEMBE• DATE I / ATTEST: CoV 2 : ` y DATE e f9'o_i / ` CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Barbara J. Toney, CMC. 1 1 1 TAD/8