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HomeMy WebLinkAbout10/23/1979 Business Meeting 364 .0CTOBER 23, 1979 • The City Council met in session on this date at 7:00 P.M. in the Council Chambers of City Hall, Yakima, Washington; Mayor Betty L. Edmondson presiding, Council members Lynn Buchanan, Don Hinman, Jack Sparling and Gordon Wonder and Assistant City Manager Larry Wittenberg and Assistant City Attorney John - Vanek present •on roll call. Council members Henry Beauchamp and Nadine Lee absent. The Invocation was given by Councilman Buchanan. 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. Mayor Edmondson requested that Item No. 8 be removed from the Consent Agenda. Betty Gaudette, a citizen, requested that Item No. 4 be removed, and Councilman Wbnder requested Item No. 9 be removed from the Consent Agenda. It was the general consensus of the Council that the deletion of Items No. 4, 8, and- 9, as requested, be made. The City Clerk then read the Consent 11/ Agenda items, including resolutions and ordinances by title. It was MOVED by Buchanan, seconded by Hinman that the Consent Agenda, as read, be passed: carried, Buchanan, Edmondson, Hinman, Sparling and Wonder voting aye on roll call. Beauchamp and Lee absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda to be handled under one motion without further discussion.) Mayor Edmondson announced that the Yakima Youth Task Force, recognizing the International Year of the Child, will have a program televised on Sunday at 6:30 p.m. on Channel 29 regarding the Yakima Youth Program. Mayor Edmondson reported that Osborne Jones has been transferred and will be unable to serve in his capacity as a member of the Human Relations Commission. She stated that Gary DeCoteau will bring to Council recommendations from the Human Relations Commission for filling the vacant positions. Betty Gaudette, 701 No. 6th Street, stated that in the Sept. 25 minutes on page 348 she would like the minutes to reflect that she did not submit a petition, rather it was a list of supporting neighbors who were unable to attend this meeting. It was MOVED by Wonder, seconded by Hinman that the minutes of the September 25th meeting, as amended, and the minutes of October 2, 1979 having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly, be approved: carried, Buchanan, Edmondson, Hinman, Sparling and Wonder voting aye by voice vote. Beauchamp and Lee absent. This being the time fixed for the hearing on Sun Development Planned Development modification request for property located at 1015 So. 40th Avenue and no one present wishing to speak to this matter, it was MOVED by Wonder, seconded by Sparling to approve the staff findings and recommendations and direct staff to prepare the necessary legislation to approve this modification to the Planned Development: carried, Buchanan, Edmondson, Hinman, Sparling, and Wonder voting aye by voice vote. Beauchamp and Lee absent. This being the time fixed for the hearing on the Planned Development requested by Johnson/Washburn for property located in the vicinity of 111 No. Naches Avenue, Larry Wright, Principal Planner, reported on the Planning Commission findings, stating there was some controversy on the removal of the old house at 111 No. Naches Avenue and the trees in front of the house. Councilman Hinman questioned why the Planning Commission and staff isn't supporting the historical preservation of that area as they have previously. Mr. Wright stated that the previous plan did preserve the historic culture of the area, however, staff has always resisted a commercial use on that side of the street. Bob Johnson, developer, explained the Planned Development and described the architecture of the condominiums. He also reported on the poor condition of the existing -v . house. Those speaking in opposition of the Planned Development, opposing the demolition of the old house and removal of the trees and speaking on traffic problems were Patty Huff, 713 No. 3rd St.; Katherine Mann, 200 Block North Naches Ave.; and Maud Scott, So. 8th St. Charles Riemcke, owner of the apartments behind this property, spoke in favor of the Planned Development, stating this would reinforce the idea that business should not be allowed on the east side of Naches Avenue. Council members discussed the historical preservation OCTOBER 23, 1979 36 of that area, Councilman Sparling stated he would like to see the condominiums blend in better with the architecture of the area. Stating that the Planned Development would eliminate commercial business in that area and provide - 'needed housing and the existing house being in poor condition, it was MOVED by Wonder to authorize staff to prepare legislation to approve the Planned Development. The motion failed for lack of a second. Council members again discussed the historical preservation of the area and the condition of the house. Councilman Buchanan stated that the house would only continue to deteriorate if this Planned Development is not approved and the house remains on the market for sale. Councilman Wonder stated that some times the owners run into financial problems during the Planned Development process, and Council should only consider if this Planned Development would be of benefit to the City. It was MOVED by Wonder, seconded by Sparling to authorize staff to', prepare the proper legislation to approve the Planned Development, using staff's findings: carried, Edmondson, Sparling and Wonder -voting aye by voice vote. Buchanan and Hinman voting nay. Beauchdup and Lee absent. Dr. Atwood, Yakima County Health District, was present to present the 1980 County Health District Budget. Donna Parker, Yakima County Health District, distributed and reviewed two reports on the 1978 Budget and the first half' report of 1979. Mrs. Parker stated that in 1979, the City will pay $112,783 and for 1980 the Health District is asking for $118,459, which is an increase of $5,033. .Mrs. Parker reviewed some of the services provided to the citizens of Yakima. There being no action required, the report was accepted by Council members. . Peggy Noel, 1101 No. Street, inquired why construction of the island at No. 4th and "1" Streets has not been completed. She reported that there is a hole which has two foot high steel reinforcements sticking up and no barricade. Carol Darby, Director of Development reported that Superior Asphalt, the contractor, is running behind in their contract. She reported that there is a problem with minority contractors not being available. She stated that the only thing the City can do is put up barricades and wait until the contractor can continue work on this project. Councilman Sparling inquired if the City could write HUD 'requesting a 30 day waiver of the minority clause because - there aren't any minority workers available. Miss Darby stated that we can contact HUD and the only thing they can do, should we proceed, is write us up in an audit finding. It was MOVED by Hinman, seconded by Buchanan that in spite of the problems in getting a minority contractor, we should go ahead with the work on the intersection at No. 4th and "I" Streets because of the dangerous condition and any other similar situations for ongoing projects: carried, Buchanan, Edmondson, Hinman, Sparling and Wonder voting aye by voice vote. Beauchamp and Lee absent. Penny Gabbard, 1107 Ackerman Avenue, stated she is opposed to the island that is to be put in on 40th Avenue by the Arctic Circle!. ' She. stated that the island is to be installed to avoid traffic problems: and she reported that toAate there has not been.-any traffic problems. She ' stated that Ackerman Avenue serves five families and' is also the driveway into Arctic Circle. She stated that ,the residents will be inconvenienced when the island is installed by only being able to turn right onto Nob Hill Blvd. when leaving Ackerman Avenue and by only being able to turn right onto Ackerman Avenue from Nob Hill Blvd. 'She stated that she spoke With Arctic Circle and they are willing to put a moratorium on the' island for 90 days to see how the traffic flow goes and if it is needed, they will install the island then. A representative from Arctic Circle, Salt Lake City, was present and reviewed the information on volume related to traffic flaw, was given to Council when this was last discussed. He stated that Arctic Circle is willingl to wait before installing the island in response to the residents' request. Lester Boyce, Manager of the 7 -11 Store across the street from Arctic Circle, stated that he does nottelieve-that the traffic has increased since the opening the Arctic Circle. Carol Darby, Director [of Community Development, reported that staff has checked the traffic flow and reported that the drivers ignoring the right hand turn ;sign and are crossing Nob Hill Blvd.; some cutting through the 7 -11j Store parking lot. Virginia Kraft, 1201 Ackerman Avenue, stated that they don't have access from Ackerman Avenue onto 40th Avenue. Mr. Kraft stated that it takes them out of their way about 9 blocks in order to get to their road from Nob Hill Blvd. going west. Charles Riemcke, ,representing Arctic Circle, stated that it is his 366 OCTOBER 23, 1979 impression that the Nob Hill Plan indicates there will be a turn lane for either direction on that block and then the barrier would he removed. Councilman Wonder stated he would like to have a traffic count there and compare it with 32nd and Nob Hill and 40th and Summitview. It was MOVED by Hinman, seconded by Sparling to continue this it to Novanber 13th and have staff report back: carried, Buchanan, Edmondson, Hinman, Sparling and Wonder voting aye by voice vote. Beauchamp and Lee absent. John Klingele, 1312 West Walnut, requested an updated report on the Yakima Metropolitan Area Transportation Study. It was MOVED by Wonder, seconded by Hinman to ask the Director- of the Yakima Metropolitan Area Transportation Study to provide John Klingele with an update: carried, Buchanan, Edmondson, Hinnan, Sparling and Wonder voting aye by voice vote. Beauchamp and Lee absent. Ron Whitman, Yakima Fire Fighter, questioned if any of the vending machines in the proposed agreement included those at the Fire Stations. Larry Wittenberg, Assistant City Manager, stated that the vending machines in this agreement are for those at City Hall, Airport and the City Shops facility. Mr. Whitman stated that the four fire stations have vending machines and the proceeds go to the Boy Scouts. Assistant City Manager Wittenberg stated that when they went out for bid, staff discovered a provision that stated when a facility is a public building, the proceeds are to go to the Canmission for the Blind. John Klingele, a citizen, stated that under RCW 47.17.30, there is an exception, which he read, regarding those contracts that have been in existence prior to 1975. Assistant City Attorney Vanek said he would have to research it. Mr. Wittenberg stated that staff is attempting to bring these vending machines under a formal contract. It was MOVED by Wonder, seconded by Hinman that Resolution No. D-4160 authorizing execution of agreements for vending machine installation and operation in various City buildings and offices, be passed: carried, Edmondson, Hinman, Sparling, Wonder and Buchanan voting aye on roll call. Beauchamp and Lee absent. RESOLUTION NO. D-4160, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute vending agreements. Mary Kirby, 305 No. Naches Ave., inquired why the abatement of fire hazards on No. Naches Ave. was removed fran the Consent Agenda. Councilman Hinman stated that the City awns weedy lots all aver town and questioned the fairness in making citizens mcw theirs. Mrs. Kirby expressed concern about this particular lot on No. Naches Ave. being a traffic hazard and that the weeds are blocking the view of the drivers leaving the intersection. Councilman Wonder stated that he is also concerned about the weedy lot program, stating that whenever someone thinks a lot is unsightly or the weeds are a traffic hazard, they call the Fire Dept. John Vanek, Assistant City Attorney, stated that Section 8.80 of the Code refers to vegetation blocking the intersection. Councilman Hinman reported that 48th and Summitview and 33rd and Nob - Hill, the old fire training site and the airport property are all weedy lots. Assistant City Manager Wittenberg stated that the City is struggling with a budget deficit and this was an item that was not considered a priority. It was MOVED by Wonder, seconded by Hinman that Resolution No. D-4161, authorizing the abatement of fire hazards on private property, be passed: carried, Hinman, Sparling, Wonder, Buchanan and Edmondson voting aye on roll call. Beauchamp and Lee absent. RESOLUTION NO. D-4161, 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 Marshal. *It was MOVED by Buchanan, seconded by Hinman that Resolution No. D-4162, authorizing payment of $36.25 to John D. Jenkins, in settlement of a damage claim when the City sager line became clogged backing up into his basement, be passed: carried, Buchanan, Edmondson, Hinman, Sparling and Wonder voting aye on roll call. Beauchamp and Lee absent. RESOLUTION NO. D-4162, A RESOLUTION authorizing payment of $36.25 to John D. Jenkins in settlement of a claim for damages filed with the City of Yakima. 367 OCTOBER 23, 1979 It was MOVED-by Buchanan, seconded by Hinman that the report of the City Treasurer dated Sept. 30, 1979, regarding the investments of the City of Yakima, bieaccepted and approved: carried, Buchanan, Edmondson, Hinman, Sparling and Wonder voting aye on roll call. Beaudhamp and Lee absent. It was MOVED by Buchanan, seconded by Hinman that November 13, 1979, be set as the time of hearing for a Planned Development requested by Living Care Centers: carried, Buchanan, Edmondson, Hinman, Sparling and, Wonder voting aye on toll Beaudhav and Lee absent. Assistant City Manager Wittenberg stated that staff is bringing an . application for a' rehabilitation grant under the Community Development Block Grant Program because it is required when the applicant has a relative employed by the' City. It was MOVED-by-Budhanan, seconded by Hinman to approve the report and the action of the Community Development Department regarding the grant application submitted by Gertie Martin: carried, Buchanan, Edmondson, Hinman, Sparling and Wonder voting by voice vote. Beauchamp absent. Carol Darby, Director of Community Development, gave a brief update on Cable TV. She stated that all reports are positive from FCC that the request regarding the 5% may be handled administratively. She reported that Cox Cable TV broadcasting is being purchased by General Electric. As part of the franchise requirements when this ,happens, they are required to coue before Council and Cox will come within the next few weeks. She stated that -they anticipate fees to be up -slightly, from $18,000 to $20,000. Those fees mill.go , back to the community. She stated that she would like, to get recommendations to Council next month and have Council select the members for the Advisory Commission in December; Willis White,- 'Public Works Director, explained the refuse route book labeling system. Councilman Wonder expressed concern regarding the color code syst em that people who are color blind would not be able to be hired for this position. Mr. White' reported that there are two Men on the crew. Councilman Buchanan inquired what they do about plastic bags. Mr-. White stated that only one label indicating number of containers is provided. If there are more containers than indicated, then the people are charged for the extra service. Referring to a motion that was passed contingent on legality of using PBIA funds for Christmas decorations, Assistant City Manager Wittenberg reported that it was found to be unlawful. It was MOVED by Wonder, seconded by Hinman that no PBIA Funds be used for Christmas decorations: carried, Budhanan, Edmondson, Hinman, Sparling and Wonder voting aye by voice vote. Beauchamp and Lee absent. It was MOVED by Hinman, seconded by Sparling to appropriate these funds from the Contingency Reserves. Councilman Wonder i stated he is opposed to taking money from the Contingency Fund to be used for Christmas decorations and stated that the merchants shodld handle them. Mayor Edmondson stated that Council has made a commitment to the Christmas Festival Committee to have staff purchase the hardware and to hang up the decorations. Following discussion regarding the brackets, it was MOVED by Sparling, seconded by Hinman to amend the motion to allocate $8,000 from the Contingency Fund to he used for Christmas decorations: carried, Sparling, Buchanan and Hinman voting aye by voice vote. Wonder and Edmondson voting nay. Beauchamp and Lee,absent. The question was called for the vote on the motion, as amended: carried, Sparling, Buchanan and Hinman voting aye on roll call. Wonder and Edmondson voting nay. Beauchamp and Lee absent. Councilman Wonder stated that this is the first time Council has appropriated Imoney for Christmas decorations. Mayor Edmondson stated that she voted against the motion because Council had made an earlier commitment for $10,000. It was MOVED by Buchanan, seconded by Hinman that Ordinance No. 2343, imposing and renewing the annual utility taxes for 1980, be passed: carried, Buchanan; Edmondson, Hinman, Sperling and Wonder voting aye on roll call. Beauchamp and Lee absent. ORDINANCE NO. 2343, AN ORDINANCE relating to licenses and business regulations; fixing and imposing annual license fees or taxes on certain utilities and providing for a surcharge; saving certain taxes; and amending Subsection 5.50.050A of the City of Yakima Municipal Code. 368 OCTOBER 23, 1979 It was MOVED by Buchanan, seconded by Hinman that Ordinance No. 2344, zoning property located north and east of the -- intersection of Lincoln Avenue and 10th Street, as requested by TRI -AL -CO, be passed: carried, Buchanan, Edmondson, Hinman, Sperling and Wonder voting aye on roll call. Beauchamp and Lee absent. ORDINANCE NO. 2344, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property in the vicinity of North 10th Street and East Lincoln Avenue from R -3, Multiple- Family Zone, to M-2, Heavy Industrial Zone. Carol Darby, Director of Community Development, reported that the Housing Authority appointed Kay Haynes as its Acting Director, following the resignation of Micki Pappas. She gave Ms. Haynes' credentials and stated she is impressed with her. Councilman Wonder stated that the Housing Authority Board should be more responsive to the elected people and they should still be replaced. Councilman Sparling stated he is pleased with what has happened and Council shouldn't try to take over more of their duties. Councilman Hinman stated he would 'like to meet with the Housing Authority and set sane goals. Mayor Edmondson stated that it is difficult to get dedicated people to serve on any board and would hope that Council would work to get mutual confidence in each other naw that the major problem has been solved. It was MOVED by Buchanan, seconded by Sparling to go into Executive Session for the purpose of discussing collective bargaining and pending litigation and then adjourn the meeting: carried, Buchanan, Edmondson, Hinman, Sparling and Wonder voting aye by voice vote. Beauchamp and Lee absent. Items of information supplied to Council were: memo fran Director of Community Development re City -awned lease property. 10/17/79; letter from Walter E. Black, Director, Washington Traffic Safety Commission. 10/8/79; and minutes - Neighborhood Meeting Safety at Intersection of 8th Street, Union and Spruce and utilization of triangle. Following the conclusion of the Executive Session, and there being no further business to cane before the Council, the meeting was adjourned at the hour of 10:30 p.m. READ AND CERTIFIED ACCURATE BY DATE COUNCILMAN , - �. �- z��z -.t- =- DATE ( COUNCIr14 ATTEST: . i i CITY 1 RK / /MAYOR