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HomeMy WebLinkAbout06/26/1978 Business Meeting 2 - JUNE 26, 1978 The City Council met in session on this date at 1:30 P.M. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Henry Beauchamp, Lynn Buchanan, Jack Sparling, and Gordon Wonder. Council member Nadine Lee present after 1:50 P.M. Council member Don Hinman absent and excused. The Council members discussed the appointment of a member to the Airport Advisory Commission. Councilman Buchanan submitted the names of five people recommended by the Airport Advisory Commission to serve on this committee as follows: Wes Wilson, Bill Almon, Don Heinen, Jim Smith, and Lenore Lambert. Mayor Edmondson submitted the name of Frank Roberts, Manager of KYVE-TV. Following a vote on the names submitted, Jim Smith II/ was appointed to serve on the Airport Advisory Commission. Council member Lee present after 1:50 P.M. Nick Miller, attorney, Preston, Thorgrimson, Ellis, Holman, and Fletcher, reported that he had been working with the Council committee (Edmondson, Sparling and Wonder) on the cable television issue. Mr. Miller stated that the timing to get this issue on the November ballot is very stringent. The bid opening date for the proposals is scheduled for August 1, 1978, 10:00 A.M. The City Council will then spend about six weeks screening the proposals. By approximately September 11, 1978, the ordinance, which will grant the non-exclusive franchise, will have to be enacted. The ordinance will not be effective until formal certification of its approval by a majority vote of the electors of the City. Mr. Miller explained the mechanics of cable television. Any information that can be put in electronic form can be transmitted on this system. Mr. Miller reviewed the Invitation for Proposals, stating that any applicant is free t any alternatives, substitutions or deletions. He then reviewed the draft ordinance, explaining each section individually. He reported three elements to be added to the draft ordinance, those elements being: 1. Each subscriber should be supplied with an accurate program guide;, 2. Provisions, for pro-rata of refund of installation costs .charges under certain conditions; 3. Renewal of franchise will have to be presented to the people for a vote. Councilman Sparling, speaking about Section 28, suggested that receipts to the City be paid on a monthly basis instead of annually. Mr. Miller stated that this can be done and will be incorporated into the ordinance. Referring to Section 19, Councilman Sparling also suggested that a period be placed after underground, and eliminate the balance of the sentence. Mr. Miller reported that the committeedecided that initially they did not want to regulate the rates at this time, but reserved the II/ right to do so at a later time. He also reported that FCC permits, if the City so choses, to allow the City to assign the costs of putting together the ordinance and other expenses to the people who participate in the bidding process or to the bid award winner. This can be put in the bid proposal. After discussion it was MOVED by Wonder, seconded by Beauchamp that the City keep the costs at a minimum and charge those costs to the successful franchise bidder that will be put on the ballot: carried; Beauchamp, Buchanan, and Wonder voting aye voice vote. Lee and Sparling voting nay. Edmondson not voting. Hinman absent. Council members Lee and Sparling stated that they felt the City should jointly pay for these costs. Carol Darby, Director of Community Development, reported that this ordinance be redrafted and the resolution authorizing the implications for proposal will be prepared by Wednesday. Mayor Edmondson stated that in order to keep within the time frame, Council will have to meet later this week. , , JUNE 26, 1978 At 3:00 P.M., the Council members commenced the regular meeting, Mayor Edmondson presiding, Council members Beauchamp, Buchanan, Lee, Sparling and Wonder, City Manager Eastman and Assistant City Attorney John Vanek present on roll call. Hinmafvabsent and excused at a previous meeting. The Invocation was given by Councilman Sparling. Mayor Edmondson 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 Lee requested that Item No. 18 be removed from the Consent Agenda. It was the general consensus of the Council that the deletion of Item No. 18, as requested, be made. The City Clerk then read the Consent Agenda items, including resolutions, by title. It was MOVED by Wonder, seconded by Beauchamp, that the Consent Agenda, as read, be passed: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda to be handled under one motion without further discussion.) This being the time fixed for the hearing on the request for amendment of an existing Planned Development, filed by the Greater Yakima Chamber of Commerce, for property located at 10 North 9th Street, Gary Webster, General Manager, stated that he doesn't have any new information to submit, but is ready to answer any questions. Council member Lee in- quired if the roof has been changed. Bill Paddock, architect, stated that the outside structure remains the same as presented previously. It was MOVED by Wonder, seconded by Sparling,that Ordinance No. 2189, granting modification of the Planned Development located at 10 North 9th Street, as filed by the Chamber of Commerce, be passed: carried, Buchanan, Edmondson, Lee, Sparling, Wonder and Beauchamp voting aye on roll call. Hinman absent. ORDINANCE NO. 2189, AN ORDINANCE granting modifications to a Planned Development Zone for certain properties situated at 10 North 9th Street within the City of Yakima. This being the time fixed for the hearing on the Six Year Street Construction Program, Herb Mayer, City Engineer, stated that this is basically the same as approved last year with minor modification. Council member Lee inquired about the-planning for a bike path,and City Manager Eastman reported that we are trying to get a bike path plan approved by the Park Commission. Upon Council member Sparling's questioning, Mr. Mayer reviewed the costs of the projects currently underway,and stated that the Naches/Yakima Avenue Project is almost completed and is well within the allocation of the grant; North 1st Street -- expect to have that in design this year; Nob Hill Boulevard -- expect to be back to Council with a location study-- thebalance of that $100,000 is intended for right-of-way purchases; West Yakima Avenue Overlay Project is completed. Ines Rice, 4409 Arlington, and Elsie Gregorich, 1516 Brown Avenue, spoke in favor of having good bike paths. It was MOVED by Wonder, seconded by Lee that Resolution No. D-3908, adopting a Six Year Construction Program for the period of 1978 through 1984, be passed: carried, Edmondson, Lee, Sparling, Wonder, Beauchamp,and Buchanan voting aye on roll call. Hinman absent. RESOLUTION NO. D-3908, A RESOLUTION adopting a Six Year Construction Program for the period of 1978 through 1984 for the construction of streets and arterial streets in the City of Yakima. Chuck Frenzel, Eichler Disposal, read aloud and submitted a petition with approximately 3,000 signatures, requesting that the citizens within the City limits be allowed to be served by the garbage collection firm of their choice. He stated that 2,300 signatures are required to put this to a vote of the people, which will be the next step if Council does not amend their ordinance. He stated that Eichler employees col- lected the signatures on the petition. City Manager Eastman reviewed the procedure and time frame to get this placed on the November ballot. He stated that a waiver or extension of election date is needed in order to avoid a special election. Mr. Frenzel stated that it is their intent JUNE 26, 1978 to have this placed in the next regular election. Mr. Eastman stated that Council will make their decision on the 31st of July to either adopt the ordinance, or take it to the vote of the people. Mr. Frenzel also requested that the date be extended for the City to begin pick -up service for approximately 150 accounts, who received notification that the City will begin collection service. He requested that the date be extended until this issue is resolved. It was MOVED by Sparling to extend the date the City will take over the service for approximately 150 accounts. The Motion died for lack of a second. It was the general consensus of the Council not to extend the date of Eichler's serving the 150 accounts. Herb Mayer, City Engineer, reviewed the history of the Gleed Water situation, referring to his memo of June 21, 1978. He also reviewed the three alternative design considerations for the Gleed area: 1. Do nothing -- Legal Department advises that we have to con- tinue to provide water service at the same level they now have. 2. Limited service to the 21 customers -- negotiate with owners to give them individual wells (cost approximately $275,000) or reconstruct existing facility (cost approximately $500,000). 3. Expandable service facilities -- reconstruction of existing facility allowing for future connections (cost approximately $500,000) or replace a 16 inch water main (cost approximately $600,000). John Vanek, Assistant City Attorney, stated that once the City is acting as a public utility, it has an obligation to continue service. He also stated that by drilling the wells there would be an agreement whereby the customers would relinquish any right to City service. Councilman Wonder inquired if the City could charge them extra due to the City's expenses. Mr. Vanek stated that we could charge them 1.5% above the normal rate. Mr. Mayer reported that it was questionable if the lot size is large enough for both septic tank and well. Ines Rice, 4409 Arlington, stated that she is opposed to extending service to Gleed because she feels the City doesn't have enough water. Following dis- cussion it was the general consensus of the Council to continue this item to a Study Session agenda in about three to four weeks so that Council may study these alternatives. *It was MOVED by Wonder, seconded by Beauchamp that Resolution No. D- 3909, authorizing the execution of an agreement with the Department of Fisheries be passed: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. RESOLUTION NO. D -3909, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the State of Washington, Department of Fisheries. *It was MOVED by Wonder, seconded by Beauchamp that Resolution No. D- 3910, authorizing the granting of permits for sale of fireworks for 1978, be passed: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. RESOLUTION NO. D -3910, A RESOLUTION granting permits for the retail sale of fireworks within the City of Yakima for.1978. *It was MOVED by Wonder, seconded by Beauchamp that Resolution No. D- 3911, authorizing the purchase of carpeting for the Capitol Theatre without calling for formal-bids, be passed:, carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. RESOLUTION NO. D -3911, A RESOLUTION authorizing the purchase of carpeting for the Capitol Theatre without calling for formal bids. 22 JUNE 26, 1978 *It was MOVED by Wonder, seconded by Beauchamp that Resolution No. D-3912, authorizing the abatement of fire hazards on private property, be passed: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. RESOLUTION NO. D-3912, A RESOLUTION requiring the abatement of fire hazards on certain property, directing notice to property owners to abate such hazards and, in the alternative, authorizing abatement by the Fire Marshall. *It was MOVED by Wonder, seconded by Beauchamp that Resolution No. D- 3913, authorizing the payment of a damage claim filed by Robert C. Glass, be passed: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. RESOLUTION NO. D-3913, A RESOLUTION authorizing the payment of $197.53 to Robert C. Glass in settlement of a claim for damages filed with the City of Yakima. *It was MOVED by Wonder, seconded by Beauchamp that the 1978 Budget Report be accepted as submitted: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. *It was MOVED by Wonder, seconded by Beauchamp that the Outside Utility Request for Raymond Peterson, 201 East "0" Street, be approved: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. *It was MOVED by Wonder, seconded by Beauchamp that the report of the City Treasurer dated May 31, 1978, regarding the investments of the City of Yakima be accepted and approved: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. *It was MOVED by Wonder, seconded by Beauchamp that the report of the City Engineer dated June 21, 1978, with respect to the completion of the work on Public Works Contract, West Valley Interceptor Sewer, Schedule A and B, performed by Snelson Companies, and PAMCO be approved, the work be accepted, and payment of the final estimates as therein set forth is hereby authorized: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. Council member Lee questiored tlEbudgeting of the out-of-state travel re- quest submitted by Willis White. Mr. White, Public Works Director, stated that this is a budgeted item ,and it was just an error that the budget figures did not get typed on the request form. He stated that he is an Executive Board member for the Institute of Water Resources. It was the general consensus of the Council to continue this item for one week for additional information on budget figures. Following discussion, it was MOVED by Lee, seconded by Sparling that Ordinance No. 2190, prohibiting parking at all time on certain streets, Items No. 35 and No. 36, be passed: carried, Lee, Sparling, Wonder, Beauchamp, Buchanan and Edmondson voting aye on roll call. Hinman absent. ORDINANCE NO. 2190, AN ORDINANCE relating to traffic control; prohi- biting parking at all time on certain streets within the City of Yakima; and amending Section 9.50.500 of the City of Yakima Municipal Code. In discussing the ordinance limiting parking times on certain streets, Councilman Wonder expressed concern about the placement of the 15 minute meters. Herb Mayer, City Engineer, stated that the intent of the 15 minute parking is to limit the need for loading zones. It was then JUNE 26, 1978 MOVED by Lee, seconded by Buchanan, that Ordinance No. 2191, limiting parking times on certain streets be passed: carried, Sparling, Wonder, Beauchamp, Buchanan, Edmondson and Lee voting aye on roll call. Hinman absent. ORDINANCE NO. 2191, AN ORDINANCE relating to traffic control; limiting parking times on certain streets; amending Section 9.50.520 and enacting new Sections 9.50.522 and 9.50.523, all of the City of Yakima Municipal Code. *It was MOVED by Wonder, seconded by Beauchamp that July 17, 1978, be fixed as the time of hearing on the appeal from the Planning Commission's denial of application for rezone filed by United Paint Company /James S. Black, for property located on the southwest corner of the intersection of Nob Hill Boulevard and Landon Avenue: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. *It was MOVED by Wonder, seconded by Beauchamp that July 17, 1978, be fixed as the time of hearing on the appeal of the Planning Commission's denial on the request for water and sewer service by John H. Jessup, Jr., 2116 South 8th Avenue: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. *It was MOVED by Wonder, seconded by Beauchamp that July 17, 1978, be fixed as the of hearing on the appeal of the Planning Commission's denial of Safeway, Inc.. Application for major modification to the existing Safeway Planned Development: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye on roll call. Hinman absent. An off - agenda item was brought the attention of the Council. City Manager Eastman reported that the City has received $375,000 from FAA today, however, a temporary loan to the Airport Improvement Fund is still needed in the amount of $425,000. It was MOVED by Beauchamp, seconded by Lee that Resolution No. D -3914, authorizing a temporary loan of $425,000 from the Water -Sewer Fund to the Airport Improvement Fund be passed: carried, Wonder, Beauchamp, Buchanan, Edmondson, Lee and Sparling voting on roll call. Hinman absent. RESOLUTION NO. D -3914, A RESOLUTION authorizing a temporary loan of $425,000 from 473 Water -Sewer Fund to 361 Airport Improvement Fund and providing for repayment. Another off - agenda item discussed was the Outside Utility Request filed by Gordon Wonder. Councilman Wonder requested to be excused from this discussion, due to conflict of interest. Larry Wright, Principal Planner, reported that in June, the Planning Commission gave recommendation of approval to this Outside Utility Request, subject to six conditions. He stated that apparently Mr. Wonder had not received the notice of hearing before the Planning Commission and was unable to address them about his objections to some of the conditions. Mr. Wright stated that the rights - of -way dedication on Englewood for the City and the County differ. The City considers Englewood as a neighborhood collector street, with 60 foot right -of -way, and the County considers it as a secondary arterial with right -of -way of 70 feet. Mr. Wonder discussed this with staff, and it was their decision to change the required amount of right -of -way to 30 feet instead of 35 feet. Mr. Wonder spoke to this matter, stating that he would also like to change condition No. 3 so that fire hydrants would be approved and installed and fully charged before any "above" ground construction. He also requested that the phrase, "should not be unreasonably withheld ", should be submitted in No. 6 after the word "approval ". Mr. Wright stated that the staff does not object to these changes. Council member Lee inquired if these changes would be made in all future requests. Mr. Wright stated that staff is refining their conditions and would like all Outside Utility Requests to go by the 24 JUNE 26, 1978 City's minimum standards. Mayor Edmondson objected to his requested change in No. 6, inquiring who would determine if the approval is un- . reasonably withheld. It was MOVED by seconded by Beauchamp that the Outside Utility Request filed by Gordon Wonder, amending con- dition-No. 3.to insert the word "above ground" before the word "construction"; amending condition No. 4 to reduce the right-of-way dedication to 30 feet; and amending condition No. 6 to insert the'Phrase "should not be unreasonably withheld" before the word "prior",.be Mayor Edmondson stated that she still objects to amending No. 6, and Council member Lee agreed with her. Mr. Wonder withdrew his request to amend No. 6. It was MOVED by Sparling, seconded by Buchanan to amend the Motion to delete the requested change in condition No. 6: carried, Beauchamp, Buchanan, Edmondson, Lee and Sparling voting aye by voice vote. Hinman absent. Wonder temporarily absent. The question for the vote on the Motion as amended was called: carried, Beauchamp, Buchanan, Edmondson, Lee and Sparling voting aye by voice vote. Hinman absent. Wonder temporarily absent. , Items of information given to Council were: Letter from Warren B. Christenson, Office of memo from City Attorney re damage claims referred to insurance companies; and memo re blood donor pool system. There being no further business to come before the Council, it was MOVED by Lee, seconded by Sparling that this meeting be adjourned at the hour of 6:00 P.M., to Wednesday, June 28, 1978, to then meet at the hour of 11:50 A.M., at the Holiday Inn, 9th Street and Yakima Avenue: carried, Beauchamp, Buchanan, Edmondson, Lee, Sparling and Wonder voting aye by voice vote. Hinman absent. READ AND CERTIFIED ACCURATE BY,,,45, _.„, ,,,„ , - DATE ) , 7 4/7 0 r • • e // CI_ ir , ill / .-.. ... 1 'TE -./-7"-- COUNCILMAN /0 ATTEST: 0L-e----- P . fir .., t - 1 ,...... 0 r,/.47 , • .. ,,,, .......: I %Jr CITY CLE' ( MAYOR / I( . ._ . .