The URL can be used to link to this page

Home My WebLink About01/27/1987 Business Meeting 486 . JANUARY 27, 1987' . . 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 Henry Beauchamp, presiding, Council members Clarence Barnett, Pat Berndt, Lynn Buchanan, Lynn Carmichael, and Jerry,Foy present on.roll call. Council member Bernard Sims absent and excused. City Manager Zais, City Attorney Andrews, City Clerk Roberts and Deputy City Clerk Toney also present. 2. INVOCATION • • , The ; Pledge of Allegiance was led by Council. member Berndt.• 3. OPEN DISCUSSION THE GOOD :OF THE ORDER , - Referring to the AWC Legislative Bulletin, Council member Foy • ,expressed ,concern with the..recent ,testimony given to.,the Ways and Means Committee indicating cities of all '-sizes are currently supporting the Governor's Revenue Bill. He- stated.he hasn't seen a copy „of the Governor's Revenue Bill and . suggested a ,letter be sent to the Senate Ways and Means Committee advising them that Yakima has not voted, in support or non - support of the Bill. Council member Carmichael, responded there was no intimation given in the testimony that the City of Yakima was in support of the Governor's Revenue Bill. Mrs. Carmichael stated the testimony given was based on the three resolutions passed by AW2 earlier in the .year; 1) a resolution endorsing education, 2) .a resolution • regarding the restructuring the State's taxing system, and 3) a resolution regarding the replacement! of over. 60 million dollars of . revenue lost. during the past two and one-half. years. She stated as soon-as. the Governor's , Revenue. Bill•,is •available for review, Council -can make,the appropriate endorsement or.indicate ,,Council member Foy - .stated it needs to be clarified that the City of Yakima identified priorities such as education, revenue resources . and welfare reform. -He. -referred to,the -,text of...the _ AWC Legislative ,Bulletin which seeks support of the Governor's Revenue Taxation Bill and commented he-. has a.,problem saying the. City of Yakima is in support. this as a _copy, of the Bill: is not ,yet available. Council,member Barnett,suggested since the Ways and Means Committee will be in Yakima February 2nd, perhaps appropriate representation before the, Committee would._ be ; more ,effective -than sending ,a• letter stating the City of Yakima has not voted on this issue. Council member, Buchanan commented he believes -it -would be more. advantageous for ,testimony to -.be. given before. the Ways ,and Means - Committee. Council.member.Foy stated it would be difficult to testify-on the issue without. •a copy of the Governor's ,Revenue . Bill. .Council member Barnett suggested if. Council does not wish to send•a letter signed- by the Mayor on behalf of the entire Council, perhaps a letter can be drafted for the signatures of those Council,members .who feel,.strongly about -,this ,issue., There..,was, no formal - action taken at.this time.. • 4. CONSENT AGENDA ;• r Mayor Beauchamp referred to the items placed on the Consent Agenda, • questioning; •whether, there were, any additions, or deletions from either Council members.. -or citizens ,present., Item No., 5 was removed • by Council- ,member -. Barnett. -.Item No.. 9• -was removed at the ,,request -- Larry Mathews., and Item- No.- 10-was. removed .. at the request of Joyce Ware. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED • by Carmichael, seconded by Buchanan, 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.) B -5/1 4 • JANUARY 27, 1987 5. APPROVAL OF MINUTES OF THE COUNCIL MEETING OF DECEMBER 13, 1986 Council member Barnett referred to page 5 of the Council minutes of December 13th, under" Refuse," the first sentence, which starts by saying, "referring to page 37," and requested the sentence be changed to read "referring to pages 36, 37, 38, 39, 40 and 41." Then referring to the next line after the words "bin service," he - 'requested that the 'phrase "one bin two times ' a week" `be added for ' the purpose of clarification. With those amendments he recommended approval of the'minutes, as amended, seconded by Foy. Unanimously carried by voice vote.` " ' f` :L* 6. AUDIENCE PARTICIPATION - None 7. REPORT FROM LEGAL DEPARTMENT AND DEPARTMENT OF ENGINEERING AND UTILITIES REGARDING RECONSIDERATION OF 'HANDICAPPED'ACCESS PROJECT AND DETERMINATION OF CITY FORCE ACCOUNT WORK VS PRIVATE CONTRACT (TABLED FROM JANUARY'21, 1986 COUNCIL MEETING)''' Mayor Beauchamp referred to this item stating the issue was tabled on January 21st, and it is necessary for it to''be 'removed from the 'table 'prior to any discussion. Following a brief discussion regarding the procedure to remove this'tem from the table, Mayor ' =Beauchamp' asked •'for a motion :to 'do so. There being' none; the item remains on the table. 8. REPORT FROM 'DEPARTMENT OF 'COMMUNITY &''ECONOMIC'' AND `RECOMMENDATIONS ON ALTERNATIVES - FOR RESUBMITTING EASTSIDE ANNEXATION PROPOSAL Associate Planner Don Skone reviewed the proposed annexation and alternatives and staff's recommendation to accept' the report ' and recommendation of Alternative - A; and direct staff 'to a fiscal_impact mitigation measure regarding Fire District 13. Verna Beggs, 1204 East Spruce, spoke iri'oppositiori to Alternative A on `behalf of the "residents' of Fire District #13. ` Mrs. Beggs stated their first preference is Alternative D, and secondly, Alternative C, with an amendment to include all properties north of Nob' Hill Boulevard excluding' the Washington State - Faigrounds. She stated Alternative C, as amended, would only exclude K =Mart and the Sewer Treatment Plant. She pointed out that under both options, -: Fire Fire District #13 would be `dissolved. Wayne Kalbfleisch, 2000 East Beech, Central Pre -Mix' and Superior Asphalt representative, - 'expressed support of Alternative C, as amended, or Alternative D. Following further dis'cussion,' it 'was t MOVED by Barnett, ' seconded by Berndt, that staff prepare the appropriate analysis of the modificationto Alternative C for presentation to the Council. Unanimously carried by voice vote. Council member 'Carmichael commented she had seen one of the'County Commissioners on the news last evening . talking about how any annexation the•'City pursued ' ''would damage' the' revenue picture for'the County. She indicated it is a mistaken assumption that all of revenue moves with the'annexed property to the City. Mrs. Carmichael explained `'that the - revenues are re- divided when` annexation'• 'occurs,' and the County will continue to receive 15% of the sales tax :'that ones to the City. The property tax is also reallocated along with a number of other taxes. She pointed out that in many' instances wherein annexation takes place the County benefits in more ways than does the City -. Mayor Beauchamp commented on the annexation process as outlined in Alternative A, stating this is a'result'of'the 'Outside Utility Agreement made a number of years ago with the County, Lynch Motors and Sunfair Chevrolet. He stated the' City provided outside utility Services with the provision that the would be annexed into the City at a later date. - 9. REPORT DEPARTMENT OF ENGINEERING AND UTILITIES 'REGARDING STATUS OF INDUSTRIAL USERS SPRAYFIELD AGREEMENT B-5/2 4.�. JANUARY 27,1987 Larry Mathews, 805 South 17th Avenue, congratulated the Council for the in which • they 'handled the - problem of the' irrigation system: Mr'. Mathews then reviewed the information presented in the staff report as' well as the figures contained in industrial waste 'treatment' cost options. He stated 'he feels - the two issues Council has to' consider are: 1) the police power to 'regulate municipal waste, and 2) taxing the public for - industrial waste costs :' Mr. Mathews''reviewed'the line items 'as presented in the report stating he would be perfectly happy with the deletion of the costs for city services and customer services, and then'require the ' three users (Del Hopstract and Washington State Juice) to pay' the reMaing "costs. Following Mr. Mathews comments it was MOVED by' Barnett, seconded by Buchanan, to accept -the 'Unanimously carried'•byE'voice vote. 10. REPORT''FROM OFFICE OF 'HOUSING '& NEIGHBORHOOD CONSERVATION •REGARDING SOUTHEAST CENTENNIAL COMMONS' '' - Joyce Ware; 807' South ' 7th 'Street,' appeared before'' Council - representing 'the' Southeast Centennial Commons;' and "'requested an • 'extension of 90 •'days ' to camplete 'the' park project located at the corner of" Spruce and 8th'South'Street. Mrs. Ware explained this is a volunteer group'coinprised of area residents feel'strongly about- completing this project, 'however, were unable to schedule many meetings through the winter months. It was MOVED by Barnett, ' se'cbnded by' Buchanan'; to 'approve the 90 - day extension as• requested. Unanimously carried by voice vote.' • * 11.' APPROVAL-'0E TRAVEL FOR' LT. 'RICHARD 'BOWMAN, FIRE DEPARTMENT, TO EMMITSBURG, MD' • 'The Out -of -State 'travel for_'Lt. Richard Bowman, Fire'Department, to attend the Hazardous Materials Tactical Considerations course at the National Fire Academy,' in Eanthitsburg, Maryland;' February 2nd thru February 18; 1987 cost of $187.00, was approved:'' 12. CONSIDERATION OF AN ORDINANCE AMENDIN&THE REFUSE`FEE SCHEDULE FOR RESIDENTIAL AND BIN ACCOUNTS AND REFUSE BIN CONTAINERS Public Works Director Jerry Copeland' presented this'. item for discussion and responded to Council's inquiries, along with City Attorney Andrews. Mr. Copeland stated the ordinance contains the fee schedule changes 'suggested` during the budget hearings. It 'also addresses - the use ...Of plastic containers currently 'being used by the City for bin service. Mr. Copeland stated the private contractor currently uses plastic lids on some of his containers for commercial accounts. Mr. Copeland commented that the use of plastic by both the private hauler and the City is in violation of the' City' Municipal Code and' the State Fire however, the f : revised 'ordinance. permits 'the use of plastics.' The'''' 'ordinance having'been' read by "title, it was MOVED by Berndt;' seconded by Buchanan, that the ordinance be passed. Under discussion, Council "member'' Barnett referred to the first' page' under Section 1, Subsection 4.16.140A, and questioned the meaning of the words "direct use." City Attorney Andrews provided clarification .. 'stating this should read ' "refuse." He stated'it is merely'an error in the interpretation of his dictation. Mr. Barnett referred to the fourth' sentence of the same 'paragraph arid' asked for clarification of the words "except property owned by the City." Mr. Copeland stated the sentence indicates_ that'_.piublic buildings are exempt from the business •classification. Council member Barnett questioned - why revised' ordinance does -not' contain 'setback criteria for the 'City's 'plastic containers. ' Mr. Copeland explained the setback criteria is thought to be necessary for fire 'protect'ion purposes ''iri' 'the ' downtown ' urea where' most 'of the 'business class accounts are located: 'However, it is felt that same' criteria does not 'apply ' t o residential areas 'Referring to'Section 7;' Council' member Foy initiated discussion'regarding the '_appearance' of as . double standard for the private hauler. versus the City Refuse'Department.' He< the private hauler has setback requirements and' specific guidelines as to' the type-of-container which must be used, whereas, the City is not bound by this B -5/3 48q JANUARY,27, 1987 - criteria. This ; factor was acknowledged by Mr. Copeland and Mr. Andrews., however,-it was also acknowledged -that the ordinance can be re- written .to eliminate this at Council's direction. Council .member, Barnett directed Council's, attention to the schedule..for bin rates, - stating he did not approve of the method in which the figures were rounded, and he feels the rates should ber recomputed. Mayor Beauchamp questioned the•durability of the plastic containers and -the specifics of the guarantee. Del Kary, Street and Refuse • Superintendent, responded the containers are guaranteed for full replacement up to .7, years, and after that the, replacement cost is to be prorated. Mayor Beauchamp asked Carey Weedman, representative from Yakima Valley Disposal, to comnent on the .issue. Mr.. Weedman stated he has no, objections to the, proposed ordinance and hopes Council will, approve -it. City Manager Zais asked for clarification regarding Council's the direction to staff. . Council member Berndt stated the wording "direct use" needs to be changed to read "refuse ", and the issue of using plastic containers needs to be addressed in relationship to the Uniform Fire Code. Following further .discussion,, City Manager Zais;again•emphasized the need for clear a definition on the direction, to be taken by staff.: -He questioned if it is Council's desire that the ordinance .,_be,amended to establish consistency between•the private•hauler and • • the Citywith respect to the discussion -on the downtown commercial !area -. Council member. Carmichael stated staff needs ,to bring back . -sane; alternatives for Council - to adopt. Council ,member -,Foy voiced - objection to one person being allowed to -place refuse.receptacles within 10 feet of a building, while another is not. Hearing no amendment to the motion, Council member Carmichael called for the question. Motion failed by 3 -3 voice vote.. Barnett, Beauchamp and Foy voting nay. Sims absent. It was MOVED by Berndt, seconded by Carmichael, to table the ordinance for two weeks for the purpose of correcting the figures in the rate schedule. Unanimously carried • by voice vote.- - -Barnett abstaining and Sims absent. It was MOVED by .Berndt,: seconded. by Buchanan,.,to have the appropriate person • take this issue,to the Washington -State Building, Codes Council in hopes they can offer some remedies for the situation. Unanimously carried by voice vote. Sims absent.. ,i *13. CONSIDERATION OF AN ORDINANCE REZONING PROPERTY AT 819 NORTH 20TH . AVENUE. FROM R -3 (MULTI- FAMILY) TO CBES (CENTRAL BUSINESS DISTRICT SUPPORT), AS REQUESTED BY MARIE MITCHELL BOOSE, • ORDINANCE NO. 3003, .AN ,ORDINANCE affirming the Hearing Examiner's recommendation to rezone property at 819 North 20th Avenue, and amending the zoning map of the City of Yakima. CI , - . • . t 14. OTHER BUSINESS - : Councit ,member - Foy stated a letter needs- to be sent „to the, proper authority at the County advising that the City is renominating Max-Vincent as the representative to the Boundary Review.Board. It t was : MOVED • by . Foy, seconded by Barnett, that a - letter . signed, by the Mayor be sent to the Governor, supporting Max Vincent -.as Boundary Review. Board representative for this area. Council member Barnett - , explained -he .would . support this motion-because. the nomination is late, and the Council Committee really didn't have the- opportunity to screen the other applicants. The question was called for a vote • on- the rnotion. Unanimously carried by voice,vote. Sims absent. Information Items • Information items supplied to Council were: Memo from Chief of Police regarding Unclaimed Property Converted to Department Use. 1/1/874 Correspondence to the Deputy Insurance Commissioner from the Legal Department regarding City of Yakima Claim For Premium Reimbursement Against Public Entities National Company, 1/20/87; Correspondence . to Merilee, Buehler, and ..Gilbert,, Hoover, and , McKinley.-.-Schools parents regarding school crossing locations. 1/22/87; Article from the January /February 1987 - Washington, The ,•Evergreen m, State ,Magazine, ",Up- And - Coming Main Streets "; Minutes:of the September 15, 1986 Community Programming B -5/4 JANUARY 27, 1987 Advisory Committee; and Minutes of the January 13, 1987 City of Yakima Constitution Bicentennial Committee. 15. ADJOURNMENT There being no further business to come before the Council, it was MOVED by Berndt, seconded by Buchanan, that this meeting be adjourned at the hour of 3:55 p.m. Unanimously carried by voice vote. Sims.absent. READ AND CERTIFIED . ACCURATE BY r /` j . / - / . S ( / 1 7,00 ff 7 3 _ COUNCIL MEMBER DATE j / . -18-87 ATTEST: COUNCIL MEMBE• / DAT. CITY CLERK / MAYOR if MINUTES PREPARED BY 0 1 ( /' / . a • 1 DEPUTY CI I CLERK , • • • 1• • • • • • • I q B -5/5