HomeMy WebLinkAbout08/14/1978 Business Meeting AUGUST 14, 1978
The City Council met in session on this date at 1:30 PM in the Council
Chambers of City Hall, Yakima, Washington. Council members present were
Mayor Betty L. Edmondson, Henry Beauchamp, Lynn Buchanan, Don Hinman,
Nadine Lee, Jack Sperling and Gordon Wonder.
Mayor Edmondson reported, that there has been a request regarding. cable
TV. Don Schussler, representing Yakima Valley Cable TV, would like to
meet with any Council members to review their proposal. After some
discussion, it was the consensus of the Council that there should not be
a meeting until,a formula is established
Mayor Edmondson reported that Wayne McNulty, President of -TV, has
notified her that there will be a showing of a cross section of the Box
Office portion of cable TV at the station at 10:00 AM on Tuesday, August
15, 1978 and all Council members have been invited.
Councilman Hinman asked about an item in the Executive Session minutes
that he feels may be an improper subject for Executive Session. It
pertains to an accomplished fact -- the sale of property at the City
Shops Complex. It was information which required no ,action or consideration
as far as the Council was concerned. It was then MOVED by Hinman,
seconded by Lee that the paragraph relating to the sale of property at
the City Shops Complex, be deleted from the Executive Session minutes
and read into the minutes of the public session. There was discussion
on whether it could be read into the public session minutes, when it had
not been discussed at that time. It was also suggested that it should
be left as is. The question was called for the vote on the motion:
Edmondson, Hinman, and Lee voting aye by voice vote. Beauchamp, Buchanan,
Sperling and Wonder voting nay by voice vote. The motion failed for
want of a majority vote.
It was MOVED by Sperling, seconded by Wonder to go into,Executive Session
to discuss legal matters and labor negotiations: carried, Beauchamp,
Buchanan, Edmondson, Hinman, Lee, Sperling and Wonder voting aye by
voice vote.
Upon completion of Executive Session, it was the general consensus of
the Council that the review of the Community Development Block Grant
Program for 1979, be continued to Monday, August 21, 1978 at 12:00 Noon
in the Council Chambers.
At 3:00 PM, the Council members commenced the regular meeting, Mayor
Edmondson presiding, Council members Buchanan, Hinman, Lee, Sperling and
Wonder, City Manager Eastman and City Attorney Andrews present on roll
call. Councilman Beauchamp temporarily absent and present after 5:15
PM. It was MOVED by Wonder, seconded by Hinman that Councilman Beauchamp
be excused for a short time to attend a funeral: carried, Buchanan,
Edmondson, Hinman, Lee, Sperling and Wonder voting aye by voice vote.
The Invocation was given by Councilman Hinman.
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. The City Clerk then read the
Consent Agenda items, including resolutions by title. It was MOVED by
Lee, seconded by Wonder that the Consent Agenda, as read, be passed:
carried, Buchanan, Edmondson, Hinman, Lee, Sperling and Wonder voting
aye on roll call. Beauchamp absent. (Subsequent paragraphs preceded by
an asterisk ( *) indicate items on the Consent Agenda to be handled under
one motion without further discussion.)
It was MOVED by Lee, seconded by Wonder that the minutes of the July 31,
1978, meeting 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, Lee, Sperling and Wonder voting
aye on roll call. Beauchamp absent.
59
AUGUST 14,' 1978 . '
This being the time fixed for the hearing on the Resolution of Intention
No. D -3931, to create,a Local Improvement District for the purpose of .
installing watermains in the vicinity of Washington Avenue from 28th
Avenue to 38th Avenue, Mayor Edmondson stated that - a list of protests
has been submitted and received by the City Clerk. Herb Mayer, City -
Engineer°, described the area involved, referring to a map, and outlined
where the watermains will'be placed. He reported that the County Department
of Human Services is building .in that area and needs water. He stated
that staff looked at the - situation and brought them alternatives to work
with. He stated that.five parcels have signed'the outside utility
agreements and because of their assessed valuations, -the percentage
requirement is met: He stated there was a problem with establishing an
equitable formula because of the desparity in lot sizes and the corner
properties. He stated that five different formulas were established and
the one used was a flat rate of $1500 per parcel plus a percentage for
front footage.' "'Councilman Hinman requested to see the differences in
the different formulas. Councilman Wonder stated that in the past, the
assessment was based on square footage. Mayor Edmondson inquired if the
different formulas were'discussed with the residents of the area. Mr. '
Mayer stated that his meetings were'primarily with those who were in
support of the LID. He stated the prime, mover of the LID Informed
him that they had had contact with some of the other people involved.
Mr. Mayer reported that protests received equals 29% of the assessed
valuation. Council members expressed concern about the formula -used and
that not all the residents in the area •were notified of some meetings.
Councilman Wonder suggested that the assessment also could be based on
the depth of the'property. William Wheeler, President of Decoto Aircraft,
representing parcel 13, spoke against the formation of the LID statiing
that they already water-from another LID.? He stated -that the
watermains going - .through their property isn't a problem, but that.they
will not'receive.any benefit from the installation of the'waterma-ins -:
He requested that this parcel be dropped from the LID: Dick:Smith, 314
No. 2nd Street, attorney representing the protestants, spoke against,
the formation.of the LID: He.stated that there.is a,problem in the-way
this LID has, proceeded as.the. properties to the west were not included
because they did not want to be in the LID and their - assessed valuation
was high - enough -to have killed it. He also stated that for the City to
agree to defer payment for-one parcel would be considered unconstitutional
lending of government funds. He also questioned if the City Council
should be considering this issue as. they are- part of. the. LID district.
Councilman Hinman stated that the doctrine of necessity allows the
Council to do-this. Fred Halversbn,.attorney representing the -Hartoon's,
parcels 3'and,5, stated although "they do not object to-the installation
of watermains out to their property,'they do object to• the method of
assessment. When the Department of Fisheries were included in the LID,
the district boundary was.changed to another side of their:parcel '
became a frontage, increasing:their assessment. Bill Buckles-, Department
of Human Services, spoke 1n' favor' of the LID. He stated that they. did
attempt to contact all the residents in that area to see .if they were
interested In getting more water. Mayor Edmondson stated that with the
objection of the,Hartoon's, there 'isn't enough percentage of assessed
valuation to put the LID through.: City- Manager Eastman stated:that It
ls,a legal L-ID now, but Council should be aware that the City :has about
$30,000 of assessed valuation, the residents protesting-have about ••
$40,000 of-assessed valuation and that leaves about $30,000 of those-for
the LiD. -Dirk Smith, attorney, submltted a letter which was:Mai.led to
one of_his'clients requesting them to sign:an outside utillty'agreement. -
He stated not adv 1 se them. that an , LID wou 1 d be formed.-, He also
stated that since the, Hartoon's object,` that more than 60 %, of the assessed
valuation Jn that area objects: .Mrs..Joan Fluaitt, parcel 8--, and Mr.
Beehler, parce against the formation of the,LID.. It was
MOVED by Buchanan, seconded by Lee to start. the LID proceedings over:
carried, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting
aye by voice vote. Beauchamp absent:, .
AUGUST 14, 1978
This being the time fixed for the hearing on the Resolution of Intention
No. D - 3930, to create a Local Improvement District for the purpose of
installing a sewer main In the vicinity of Pickens Road, Lois Eakins,
622 Pickens Road, spoke in favor of the LID, stating they are having
problems with their sewers in that area. Mayor Edmondson inquired if
they have 75% of outside utility agreements signed. Herb Mayer, City
Engineer stated that they do. Councilman Wonder inquired where the
sewer lines are going to be installed and Mr. Mayer stated that there
are two alternatives -- in the street or run two lines through the
property, which would necessitate obtaining eastments. He stated that
they would use the least expensive method. He stated that the formula of
the assessment is based on 50% of the cost of the LID being charged to
the properties on a flat rate and the other 50% being charged on square
footage rate. It was MOVED by Hinman, seconded by Wonder that Ordinance
No. 2199, creating L.I.D. No. 1018, Ranchette Subdivision Sewer District,
be passed: carried, Buchanan, Edmondson, Hinman, Lee, Sparling and
Wonder voting aye on roll call. Beauchamp absent.
ORDINANCE NO. 2199, AN ORDINANCE providing for the improvement of certain
property by constructing a pipe sewer with the necessary wye branches and
manholes; establishing a Local Improvement District, providing for the
method of payment thereof, and creating a special fund.
After deliberation by the Council on the material submitted by Preston
Shepherd, regarding the airport runway overlay project, contract change
for engineering services, it was MOVED by Hinman to go ahead and reluctantly
pay this additional expenditure of which the City's share is $4,000.
The motion died for want of a second. It was then MOVED by Wonder,
seconded by Beauchamp to split the difference and authorize staff to pay
one -half of the cost overrun: Hinman, Lee and Edmondson voting nay on
roll call. Sparling, Wonder and Buchanan voting aye. Beauchamp absent.
Motion failed for lack of a majority vote. Mayor Edmondson stated that
she feels since the cost overrun has been approved by FAA, the City
should pay the additional expenditures. Councilman Hinman stated that
he is in agreement with the Mayor. It was then MOVED by Wonder, seconded
by Hinman that staff be authorized to pay 2/3's of the bill presented to
us: carried, Sparling, Wonder, Buchanan and Hinman voting aye on roll
call. Lee and Edmondson voting nay. Beauchamp absent.
Betty Gaudette, 701 No. 6th Street, stated that she had read the Engineer's
Report on the intersection of 4th and "I" and objected to the use of the
word "awkward" stating that the intersection is hazardous. She also
inquired how the City was going to keep the stop sign up. (Councilman
Beauchamp present after 5:15 PM). City Manager Eastman reported that
the report and the map have been circulating In the neighborhood for
about 2 weeks. He stated that the painting of the intersection is only
considered a temporary measure and the residents would like a permanent
solution. Mayor Edmondson inquired if this will qualify for Community
Development funds. Herb Mayer, City Engineer, stated that It does.
Following discussion, it was MOVED by Hinman, seconded by Wonder to use
Community Development Funds (up to a maximum of $1,000) from the 1978
budget to paint the 4th and "I" Intersection and to include it in the
proposals for the 1979 Community Development Budget for capital improvements.
Richard Huff, 713 No. 3rd Street, inquired if rubber posts could be put
up on an island to slow the traffic down and also if an ordinance could
be passed to keep the people from parking so close to the stop sign.
City Manager Eastman reported that staff will be bringing an ordinance
which will prohibit parking in front of Delormes Tavern. Others speaking
to this issue were George Stewart, 1106 No. 4th Street and Eva Burke,
313 Murphy Lane. The question for the vote on the motion was called:
carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and
Wonder voting aye by voice vote.
It was MOVED by Lee, seconded by Wonder that Resolution No. D -3945,
denying a damage claim filed by lone Schneider for an alleged failure of
the Police Department to notify her of the recovery of her stolen car,
resulting in a towing and storage bill of $35.73, be passed: carried,
Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye on roll
call. Beauchamp absent.
(11
AUGUST 14, 1978
RESOLUTION NO. D -3945, A RESOLUTION denying the claim of lone Schneider
filed with the City of Yakima on July 26, 1978.
It was MOVED by Lee, seconded by Wonder that Resolution No. D -3946
giving intention to create a Local Improvement District for the purpose
of constructing a paved street with curb and gutter, on Pierce Avenue
from 24th Avenue westerly and fixing a date'of hearing for September 11,
1978, be passed: carried, Buchanan, Edmondson, Hinman, Lee, Sparling
and Wonder voting aye on roll call. Beauchamp" absent.
RESOLUTION NO. D -3946, A RESOLUTION of Intention to create. a Local
Improvement District.
It was MOVED by Lee, seconded by Wonder to fix the time of hearing for
September 5, 1978 for•the annexation request filed by Sammar,,Inc.:
carried, "Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting
aye on roll call. Beauchamp absent. .
It was MOVED by Lee, seconded by Wonder that the report of the City
Treasurer 'dated July 31, 1978, regarding the investments of the City of
Yakima, be accepted and approved: 'carried, Buchanan, Edmondson, Hinman,
Lee, Sparling and Wonder;voti'ng aye on roll call. Beauchamp absent.
Carol Darby, Director of Communi.ty.Development, reviewed wtth•Council a
proposed procedural change in approving outside utility agreements,
referring to a flow chart. Staff will determine if the outside utility
agreement has a simple, complex or appeal status. If the agreement is
determined to be simple, the procedure will be changed so that the City
Manager may approve them without Council involvement. A simple outside
utility agreement Would be single - family, duplex or land use compatible
to the City.: Council members':expressed concern about the *approval of
outside.uti'lity agreements' without any Council knowledge. ,MIss
stated that the approval for many of the outside= utility agreements are
held up for two weeks In order to get on the agenda. She stated that
the complex outside' utility agreements are those with staff conditions
where the developer has agreed to follow the conditions. They would
then be submitted to the Council for approval, deleting the Planning
Commission hearing•process Council should•desire - further information
then - it could be referred -to the Planning Commission. if the
developer does not agree to the conditions, then it would go to the
Planning Commission for a hearing.. Councilman Sparling stated that he
likes the idea of expediting the simple outside utility agreements, but
requested a report back in about six months. Miss Darby stated that she
could provide reports on the outside utility agreements approved and
Insert them in the Council's information packet. After some further '
discussion, it was MOVED by Hinman, seconded by Beauchamp to adopt the
procedural changes'in the OutsideUtility with a staff report
to come back Council in six - months. Mayor. Edmondson requested
a copy of the flow chart for outside utility agreements. For clarification,
City Manager Eastman repeated that Council requested, on a basis,
a report on all outside utility agreements approved and in about -six
months, Council wants information of how this procedure is working out
and also Council requested a copy of the flow chart. The.question was
called:for the vote the - motion: carried; Beauchamp, Buchanan, Edmondson,
Hinman, Lee, Sparling and 'Wonder voting aye by voice vote. It was then
MOVED by -H i ninen, seconded by Buchanan that - the .outside utility request filed
S ;:Doyle,'J.r., Western Recreation Vehicles, Inc., for sewer to
property located at . 3401 :W Washington Avenue, - .and .:for. sewer :service
at 413 and 415 SoJ 50th .Avenue, filed - by:Cl inton Col li:ns•and for sewer
service for property on the northeast corner of'intersectlon`at
Nob Hill Boulevard and So: 72nd'Avenue, filed by the Nazarene Church, be
approved: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling
and Wonder voting aye by voice :vote. -• •
*It was MOVED-by Lee, seconded by Wonder that Ordinance No. 2200, designating
and describing City 'Council election d i s tr I cts by' the adoption of an
election district•mapand: assigning City Council "district position
numbers ", be passed: carried, Buchanan, Edmondson, Hinman, Lee, Sparling
and Wonder voting aye on roll call. Beauchamp absent.
-')
AUGUST 14, 1978
ORDINANCE NO. 2200, AN ORDINANCE relating to City government administration;
designating and describing City Council election districts by the adoption
of an election district map; assigning City Council "district position
numbers "; and enacting Chapter 1.04, "City Council election districts ",
and Sections 1.04.010, 4.40.020, and 1.04.030, as a new Chapter and new
sections of City of Yakima. Municipal Code.
*It was MOVED by Lee, seconded by Wonder that Ordinance No. 2201, rezoning
property at Landon and Nob Hill Boulevard, filed by James S. Black /United
Paint Company from R -2, to Planned Development, be passed: carried,
Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye on roll
call. Beauchamp absent.
ORDINANCE NO. 2201, AN ORDINANCE rezoning property situated at Landon
Avenue and Nob Hill Boulevard in the City of Yakima, Washington, from R-
2, Two Family Zone, to Planned Development Zone.
It was MOVED by Wonder, seconded by Buchanan that Ordinance No. 2202,
designating City Hall Parking Lots and prohibiting parking therein of
unauthorized vehicles, be passed: carried, Beauchamp, Buchanan, Edmondson,
Hinman, Sparling and Wonder voting aye on roll call.
ORDINANCE NO. 2202, AN ORDINANCE relating to traffic control; designating
City Hall Parking Lots and prohibiting parking therein of unauthorized
vehicles and authorizing their impoundment; amending Section 9.50.677 of
the City of Yakima Municipal Code; and declaring an emergency.
The Council next discussed the appointment of a member to serve on the
Airport Advisory Commission to fill the vacancy left by Lynn Buchanan.
Council member Lee nominated the name of Mary Snyder and Councilman
Wonder nominated Bill Almon. Following a paper ballot, it was MOVED by
Wonder, seconded by Beauchamp that Mary Snyder be unanimously appointed
to serve on the Airport Advisory Commission: carried, Beauchamp, Buchanan,
Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote.
City Attorney Andrews reported that he had been to court regarding the
Eichler Petition issue and the Judge ruled that the City must either
adopt the ordinance as presented, or submit it to the vote of the people.
He stated that the ordinance In the petition must be submitted without
alteration.
City Manager Eastman reported that Judy Sheridan's husband has been
transferred to Port Angeles and Judy will submit her resignation effective
no later than September 29, 1978.
City Manager Eastman reported that there will be a meeting on Thursday,
August 24 from 9:00 to 12:00 Noon at the Treatment Plant on the Wastewater
Project. He stated that R.W. Beck will be there to give a complete
review of the project from the beginning and invited the Council members
to attend.
Items of information supplied to Council were: letter from Board of
County Commissioners, 8/8/78; memo from Director of Parks & Recreation,
8/10/78; memo from Assistant City Manager re invitation for health and
life insurance benefit proposals, 8/8/78; memo from Larry Wright 7/26/78;
weedy lot program, 7/78; minutes of Police and Fire Civil Service Commission
meeting, 6/13/78; letter from Inland Empire Chapter National Electrical
Contractor's Association, and comments from Chief of Police; letter from
Teleprompter, 7/27/78; issues facing local governments, 8/10/78; YC-
COG newsletter, 8/4/78; and AWC news, July /August, 1978.
There being no further business to come before the Council, it was MOVED
by Sparling, seconded by Wonder that this meeting be adjourned at the
hour of 6:30 PM to then meet on Monday, August 21, 1978 at the hour of
12:00 Noon in the City Council Chambers: carried, Beauchamp, Buchanan,
Edmondson, Hinman, Lee, Sparling d Wonder voting aye by voice vote. ' /
O
READ AND CERTIFIED ACCURATE BY A / „/, . ii: DATE �
CO . MAN
dillir Ad , / ' DATE
COUNCI N r
ATTEST: . - ! J:"
Yy L �
- I:IIY - CU lc - - MAYOR