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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