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HomeMy WebLinkAbout04/28/1981 Adjourned Meeting APRIL 28, 1981 STUDY SESSION The City Council met in session on this date at P.M. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Lynn Buchanan, Lynn Carmichael, Bruce Crest, Shirley Doty, and Don Hinman. Council member Henry Beauchamp absent. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Edmondson stated that the City's delegates names need to 'be 'submitted to AWC. It was MOVED by Crest, seconded by Hinman that Council members Carmichael and Doty and Mayor Edmondson be the City's delegates to the AWC Convention, and the alternates be Council members Buchanan, Crest 'and Hinman. Unanimously carried by voice vote. Beauchamp absent. Mayor Edmondson stated she has received calls concerning the appearance of the CBD area and Naches Parkway. She reported that she has received a suggestion that each business could be responsible' for the care of the 'planter in front of that business. Mayor Edmondson reported that she suggested that the caller attend a DARC meeting and make this suggestion. The Mayor also reported that the manager of the Travelodge offered to mow, water and spray the Naches Parkway by his place of business if the City would provide the equipment. Dick Hilligus, Parks and Recreation Director, reported that his crews have begun spraying this week. He stated that it takes a licensed operator for the spraying equipment. APPOINTMENT TO PARKS AND RECREATION COMMITTEE Council member Carmichael stated that the Committee of the Council for appointments to the Parks and Recreation Commis- sion met and recommend Michele Alexander to fill the vacancy left by Dr. Gustafson. She gave some background information on Mrs. Alexander. It was MOVED by Crest, by Buchan- an to appoint Michele Alexander to fill the unexpired term of - Dr. Gustafson on the Parks Recreation Commis - sion. - Unani- _ mously by voice vote.- -- - - 2. PRESENTATION BY GINI HEINTZMAN, YAKIMA VALLEY TRANSPORTATION EX- CHANGE Gini Heintzman distributed a report on the number of services rendered inside the City limits. She reported that the board- ings have increased this year and she commented that if there had been a little more advertising, the number of boardings would have increased even more. She stated that there is a surplus of funds for the first few months, but she wants to evaluate the program at the end of six months. Mayor Ed- mondson expressed concern that there was not any advertising for the program since funds were budgeted. She asked for a status report on that. City Manager Zais stated that a lot of programs were delayed until after the Council Committee on Transit had a chance to meet and discuss the Transit opera- tions. 3. REVIEW OF YMATS PROGRAM City Manager Zais stated that the Council Committee on Transit met and they would like to defer discussion on the YMATS until the Committee has completed its initial review. It will be coming to Council in the next several weeks. It was the general consensus of the Council to continue this item. 4. DISCUSSION ON CABLE TV Carol Darby, Director of Community Development, distributed a packet of copies of the applications received for the Program- ming Advisory Cable Committee. She stated that she would like to be involved in the selection process so she may give advice on the FCC requirements. Council member Crest suggested that a three member Committee of the Council review the applica- tions, since there are 32 applications and 10 positions. 337 APRIL 28, 1981 Council member Hinman suggested that each Council member nominate four names, and then have an election. It was MOVED by Crest, seconded by Hinman to appoint a Committee of the Council to come up with a recommendation for membership on the Cable Advisory Committee. Unanimously carried by voice vote. Beauchamp absent. It was MOVED by Crest, seconded by Hinman that Council members Carmichael, Doty and Buchanan:be nominatecl- to serve on the Cable Advisory Commission Council Committee. Unanimously carried by voice vote. Beauchamp absent. Mayor Edmondson stated that it would be helpful to have a list of the people who have been deleted because they aren't eligible and all Council members receive information on the balance of the applicants, and the Committee give their recommendation. II/ 5. REQUEST FOR LEGAL COUNSEL FOR POLICE AND FIRE CIVIL SERVICE COMMIS- SION City Manager Zais stated that the Police and Fire Civil Ser- vice Commission form a Committee to review the Civil Service Rules. The Committee consisted of a representative from the bargaining units, Police, and Fire Departments and the Legal Department. He reported he:had expressed his concern to the Commission about the fact that City management.was not repre- sented on the Committee, even though that office is responsi- ble for overall personnel management. He stated that when he made this request at the last Civil Service Commission meet- ing, John Vanek, Assistant City Attorney, expressed his con- cern about a conflict of interest. John Vanek explained his conflict of interest, stating that he is in a position where he has heard information from City management and from the Commission which would have influence on the advice he would be asked to give. He commented that the Commission felt this was a conflict of interest and did not see how that conflict could be eliminated and made .a request for legal counsel for the rule-making review. City Manager Zais , . commented that there was not any discussion as.to who would select the legal counsel. Mayor Edmondson expressed some concern she has about the appearance that the Commission is trying to create a separate entity. It was MOVED by Carmichael, seconded by Crest to grant the request for legal counsel for the Police and Fire Civil Service Commission, however, not to exceed a two month period of time. Discussion followed about limiting the Commission on a dollar amount to be spent on legal fees. It was MOVED by Crest, seconded by , Carmichael that a $5,000 maximum dollar limit be set for the Police 'and Fire Civil Service •Commission legal counsel. Carried by 5-1 voice vote. Doty voting nay. ' Beauchamp absent, Mayor Edmondson stated that if Council is going to pay for it then Council should select the attorney: Assistant City Manager Wittenberg sug- gestedlthat perhaps Council could give the Commission a list of four or five names from which they could choose. Mr. Vanek stated that there are only three or four attorneys that have worked in Civil Service law. It was MOVED by Crest, seconded by Carmichael to amend the motion to have legal staff provide three names of attorneys who can serve as legal counsel for the Commission and allow the Commission to choose from those three names. Carried by 4-2 voice vote. Edmondson and Hinman voting nay. Beauchamp absent. The question was called for the vote on the motion, as amended. Carried by 4-2 voice vote. .Doty and Edmondson voting nay. Beauchamp absent. EXECUTIVE SESSION. , I . ' It was MOVED by Crest, seconded by Doty to move into Executive Session for the purpose of discussing pending litigation. Unanimously carried by voice'vote. Beauchamp absent. •, - 3 8 APRIL 28, 1981 BUSINESS MEETING 6. ROLL CALL At 3:00 P.M. Council members commenced the regular meeting, Mayor Edmondson presiding, Council members Buchanan, Carmi- chael,. Crest, Doty, and Hinman and City Manager Zais and City Attorney Andrews present on roll call. Council member Beau- champ absent. 7. INVOCATION The Invocation was given by Mayor Edmondson. 8. CONSENT AGENDA Mayor Edmondson referred to the items placed on the Consent Agenda, questioning whether there were any additions or dele- tions from either Council members or citizens present. Mayor Edmondson stated that Item No. 13 will be continued for one week. Mayor Edmondson requested that Item No.. .18 be removed from the Consent Agenda. It was the general consensus of the Council that the deletion of Items No. 13 and 18, as request- ed, be made. The City Clerk then read the Agenda items, including an ordinance by title. It was MOVED by Hinman, seconded by Doty that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Beauchamp absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *9. MINUTES The Council minutes of April 14, 1981, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 10. HEARING ON REZONE REQUESTED BY YAKIMA VALLEY MEMORIAL HOSPITAL FOR PROPERTY LOCATED'AT 217 AND 219 SOUTH 30TH AVENUE This being the time set for the hearing on the rezone request- ed by Yakima Valley Memorial Hospital for property located at 217 and 219 South 30th Avenue, Larry Wright, Planning Manager, stated that there is an error in the staff report where it refers to the age of the children attending the day care. It should state from one month to nine years instead of from one month to twelve years old. He stated that the hospital has requested a planned development for two houses and the use of the house at 219 South 30th Avenue is intended to be a day care center for hospital personnel. He stated that the neigh- bor's objections have to do with the total and ultimate de- velopment of the hospital in that area, and how it will effect their area, rather than the day care. Rick Linneweh, Yakima Valley Memorial Hospital Administrator, stated that he is in agreement with the staff and the Planning Commission and accepts the finding of the Planning Commission, including the item of the long term plan of the hospital in working with the Commission and the neighbors. He stated that the hospital is faced with a severe problem of retaining professional individuals in the technical skill of the hospital work. He commented that the majority of the hospital employees are fe- males, and they face a problem finding adequate child care for their children, especially for the evening and weekend shifts. He gave some information on the day care center, and about the appearance of the house. He spoke about the neighborhood meetings which were held and the compromises that were reached. He stated that he has a petition signed by the neighboring residents who are in favor of this planned de- velopment rezone, however, he declined to submit it at this time. Council member Crest inquired why this day care was not included in the major remodeling of the hospital that occurred a few years ago. Mr. Linneweh stated that they began planning for that remodeling in 1976, and it was finished in 1978. He commented that during that time there has been changes in the 339 APRIL 28, 1981 environment of the hospital and make-up of the employees. Donald Shaw, 2608 West Chestnut, stated that he was speaking 1 for 77 neighbors. He stated that there was a-petition filed with the. City Clerk, opposed to the rezone,. He presented a map of the area giving the resident's names on' the lots who are opposed to the rezone. He commented that at the meeting Mr. Linneweh referred to as reaching a compromise, that there must have been a misunderstanding because the neighbors are still opposed to the rezone. He gave some information on the residential density of the area and described the narrow streets and the lack of sidewalks. He referred to his map and indicated several lots whose residents did not sign ,the peti- tion, stating that several are either employees of the hos- pital or are connected to the hospital in some other way: He 11/ ' gave some background information on the expansion of the hospital, beginning with the time it was-first built when it started out being a building in the middle of with parking all around the building.-, He stated that some of the concerus of the residents are that this day center was planned to be for nurses at first, then it was expanded to include professional staff, and then to- include any He stated that 15 children are not going to be quiet, and there is already an ambulance commercial business set up in a hospi- tal-owned residence. He ,stated that in the Optimal Land Use Plan, the :citizens' input is important when considering the compatibility of the proposed rezone. Those citizens present, for whom Mr. Shaw was speaking, were A. D. Wickersham, 222 South 30th Avenue; Vivian and George Lloyd-, 217 .South 29th Avenue; :Gail Graham, 2906 West Chestnut; Nancy and Gary Kiss- ling, 213 South 29th Avenue; Margaret Wickersham, 222 South 30th Avenue; Ron and Jan Foust, 218. South 29th,Avenue; Gott- lieb Naasz, 3210 West Yakima Avenue; Geraldine Vance, 210 South 28th Avenue; Stanley Hahn, 211 South 30th Avenue; Ger- trude and Ken Johnson, 202 South 28th Avenue; and Marian Borg, 2810 West Chestnut. Mr. :Walter Omeg, 210 South 29th Avenue, stated that he and his signed the petition,.however, they would like: to withdraw' their namesan&go on record as being in favor of rezone. Council member Crest' commented that the neighbors have two concerns;' one being the center and being their concern about future hospital expan- sion into. their - neighborhood.' He asked them which is of greater 'concern. Mr. Shaw stated that both -cause. the resi- dents concern. He stated. that the value of the thomes have been decreased because of the encroachment of the hospital intO.the Zone.. Those citizens present speaking' in favor of the rezone were: Walter Dmeg, 210 South 29th Avenue; Hank Williams, 204 29th Avenue; Virginia. - Whitaker, 1210 South 46th Avenue; Patti Nagle, .217 South 31st Avenue, who spoke about the multiple family dwellings on South 30th:Avenue. She also stated that she understood there was a compromise reached at the March 5, 1981, meeting at the hospital,- which she attended. She stated that the hospital and some,of the neigh- II/ bors were going to look for another facility for the day care center , and,thought they were, considering a six-plex. Other citizens present in favor of the-rezone were: , Pat Mosley, 2904 Clinton Way, nurse with-twin sons; Maureen,Gonzales, 1001 South 25th Avenue, physical therapist; Paul Larson, 2910 West Chestnut; -Barbara Heinzen, 3610 West Chestnut;,-Sharla Dieg, Holiday Inn; and Debby Morgan 2306West Chestnut. :Paul Borg, 2810 West Chestnut, stated he is not opposed to the hospital being in the day care business, however, he is opposed to the rezone. He stated that the residents would like to have a chance to say what is going to happen in their neighborhood. Hefurther commented that there a.compromise, it was Graham, 2906 West Chestnut that the hospital-'s.intent of acquiring property north of, -,Walnut is her concern; Geraldine Nance,. 210:South 28th..Avenue,;spoke about the parking problem in her, neighborhood andthe neighborhood appearance. Gary 213 South 29th Avenue;!commented that 'he; represented several of. his neighbors at the March 5th meeting at the hospital, and a lot of their reasons-for being opposed to the rezone were individually picked apart and the conclusion was that some compromise was made. Ron Foust, 218 South 29th Avenue, stated that about three years ago there was '1 f, n APRIL 28, 1981 a meeting between the hospital and the residents and at that time the hospital stated they were not interested in pur- chasing property north of the hospital. He stated that a short time after that, th hospital purchased the corner pro- perty at "Walnut and'30th Avenue. He stated that at the March 5th meeting, the compromise was discussed. He stated that the first issue discussed was that the residents did, not want a planned development in that area, and wanted to know the master plan. He stated that the hospital.was consulting with an architect and indicated that they would know more in three to four months. He stated that their second issue was the day care center: He stated that the residents wanted,to see that certain standards were met if the day care center were to go in there. He stated that he is still opposed to the planned development in that area until he finds out what the hospi- II/ tat's future 'development will be. The public portion of the public hearing was closed.. Council member Hinman stated that he sees the need for the day care center, and can understand the need of the neighbors to know the future plans of the hospital. He stated that this day care center would be an excellent transition between the hospital and the residential area. Council member Doty stated she is supportive of the concept of providing day care, however, she expressed her concern about the rights of the citizens who live in that area. She stated that the hospital should have kept the neighbors informed of their plans when'they'purchased property in that R-1 Zone. Council member Carmichael stated she recog- nized the need for the day care center and the fact that the hospital is trying to keep the residential appearance of the day care. She stated this would be a good buffer, and she is supportive of the rezone. Mayor Edmondson stated that the legislative bodies should concern themselves with the land use and zoning. She commented that the only safeguard a citizen has in protecting the investment they have made in their homes are the rules and regulations of the City in which they re- side. She spoke about the concern of the neighbors and stated that if the conflict cannot be resolved, then the City should consider a planned development. She stated she would be in opposition to the rezone. Council member Crest stated that his concern has been the fact that according to our Optimal Land Use Plan we have to consider the feelings of the resi- dents in that area. He stated that the hospital should have done .a. better job in working with the neighbors in reaching a compromise. He stated he is opposed to the rezone. Council member Hinman stated that he thinks compatibility means more than agreement with the neighborhood residents. He stated that he thinks it means compatibility from a land use stand- point. Following discussion on the transition area, it was MOVED by Buchanan, seconded by Hinman to table this until next week, May 5, at 3:00 P.M. Failed by 3-3 voice vote. Crest, Doty and Hinman voting nay. Beauchamp absent. It was MOVED by Doty, seconded by Crest to deny the rezone request. Failed by 3-3 voice vote. Buchanan, Carmichael and Hinman voting nay. Beauchamp absent. It was MOVED by Crest, seconded by Doty to refer this back to the Planning Commission for further study. Failed by 3-3 voice vote. Buchanan, Carmichael and Hinman voting nay. Beauchamp absent. It was MOVED by Hinman, seconded by Carmichal to refer this 'to the Planning Commis- sion: Carried by 5-1 voice vote. Buchanan voting nay. Beauchamp absent. 11. AUDIENCE Mayor Edmondson proclaimed this as Mental Health Week and presented the proclamation to Bob Plumb. She also read the following proclamations: proclaiming April 28th as OIC Day in honor of its 10th anniversary; proclaiming April 30th as Beta Sigma Phi Day in honor of its Golden Anniversary; proclaiming the week of May 1 through May 7 as Respect for Law Week; proclaiming May 3rd as Diabetic Bike-a-thon Day; and proclaim- ing the week of May 3rd through 9th as Goodwill Industries Week. APRIL 28, 1981 12. STATUS REPORT ON 1ST QUARTER BUDGET EXPERIENCE FOR 1981 ' Council member Hinman expressed his .concern in the Contingency Funds because it would mean a tax if the revenues do not come-in as expected. He suggested a levy election for the whole City to pay for the volcanic ash clean-up expenses. City Manager Zais stated that the only authority the City has for a levy election, is to hold,an election to . raise the lid on the 106% Property Tax. Mayor Edmondson commented that that would nean the City would have to borrow money and pay inter- est on it until the election. Council memberCrest suggested taking :out a, larger interfund loan , and less funds' out of contingency. City Manager Zais stated that is an option. He stated .there was concern about interfund loans and we were taking steps to repay those that we presently have. Discus- sion* followed on where the revenue would come from to repay the interfund loan. Council member Carmichael expressed her concern.about how the City got into this position. She stated she did.not expect to have to pay this back this soon, or that the City would not meet the criteria that the State has set up. City Manager Zais commented on the State's criteria for eligibility for State matching funds, which the City does not meet. It was MOVED by Hinman to use an interfund loan to pay that amount due to the State. The motion died for lack of a second. , Following further discussion, it was MOVED by Crest, seconded by Doty to accept Council member Doty's suggestion and take $100,000 out of FRS funds and take $171,000 out of the Contingency Fund and the balance of $171,000 as an inter- fund loan to repay the State loan. Council member Hinman commented that this would place Council in the position of either making a tax increase) next year, or reducing City services. The question was called the vote on the motion. Carried by 5-1 voice vote. - Hinman voting nay. Beauchamp absent. (:Council member Crest.absent after 5:58 P.M.I) It was the general the Council that the:balance of the report is accepted. 13. SALE OF'SURPLUS CITY PROPERTY ON NOB HILL BOULEVARD. • . Item-continued one week. *14. OUTSIDE UTILITY REQUEST SUBMITTED BY HOWARD DUBUQUE The Outside .Utility Request. submitted by Howard Dubuque for sewer for property located at - 402 South 49th- Avenue, was approved. *15. OUT OF.STATE,TRAVEL REQUEST FOR PLEAS GREEN-, POLICE DEPARTMENT , . The .out of state travel' request for Pleas Green, Police De- : partment, .to June 1981, through September 11, 1981, to attend the 126th Session of the FBI National II/ Academy at no cost to the City, was approved. *16. OUT OF STATE TRAVEL REQUEST FOR KEN KOHAGEN, TRANSIT DIVISION The out of state travel request for Ken Kohagen, Transit Division, to St. Paul, Minn., to attend the American Public Transit Association Eastern Conference, May 4 - 6, 1981, at a cost of $485.00, was approved. 16-A. REPORT ON PURCHASING STAFFING REQUIREMENTS Mayor Edmondson inquired what the source for the funding would be. Larry Wittenberg, Assistant City Manager, stated that this was not funded in the budget and would have to come from Contingency Funds. City Manager Zais suggested that we wait and see if this can be absorbed through the General Fund: It was MOVED by Doty, seconded by Buchanan to accept the report and direct that appropriate legislation be prepared. Unani- mously carried by voice vote. Beauchamp and Crest absent. f 32 APRIL'28, 1981 *17. AGREEMENT WITH INTERNATIONAL YEAR OF DISABLED PERSONS PROGRAM. ORDINANCE NO. 2512, AN ORDINANCE adopting a program for the aid of disabled persons; and authorizing the execution of an agreement with the Yakima Committee, International, Year of Disabled Persons. . 18. WATER SERVICE. CHARGE Ordinance No. 2513, having been read by title, it was MOVED by Buchanan, seconded by Carmichael that the Ordinance be passed. Carried by 4-1 roll call vote. Edmondson voting nay. Beau- - champ and Crest absent. Mayor Edmondson stated that she feels a 25% increase is not equitable to all citizens. ORDINANCE NO. 2513, AN ORDINANCE relating to public services II/ and utilities; specifying rates'for a domestic water'service; providing- for the exercise of a lien .to collect delinquent water: 'service' charges; - and amending Sections .7.68.250, 7.68.251; 7.68.255 and 'Subsection 7.68.025 and 7:68.252 B all'of the City of Yakima Municipal Code. 19. OTHER BUSINESS " City Manager Zais stated that the May 6th meeting with EPA and R. W. Beck and attorneys will rescheduled sometime during the first part of June. COUNCIL INFORMATION' Items supplied to Council for their information were: memo from Director of Community Development re Business License Update, 4/22/81; memo from Street and Refuse Manager Spring Clean-Up Preliminary Report, 4/22/81; minutes of 3/10/81 Parks and Recreation Commission meeting:' minutes of 3/17/81 Police and Fire Civil Service Commission meeting; memo from Traffic Engineer re parking in vicinity of Gilbert School, 4/21/81; Seattle Capitol Report, Volume 3, No. 14, 4/17/81; The Mayor, Volume 48, No. 8, 4/15/81; and letter from James Lust re proposal to limit terms of the office of Mayor, 4/15/81. 20. ADJOURNMENT It was MOVED by Hinman, seconded by Buchanan that this'meeting be adjourned-at the hour of 6:05 P.M:, to then meet on Thurs- day, April 30, 1981, at 2:00 P.M. in the Sanctuary Restaurant to discuss the Urban Area Plan with the Yakima County Commis- sioners. Unanimously carried y voice vote. Beauchamp and Crest absent. D READ AND CERTIFIED ACCURATE BY ATE COUNCIL MEMBER f DATE II/ COUNCIL MRIMBER ATTEST: 4 7: / ...aldir&ohawah+ !LAIL • CITYCt TVMAOR