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HomeMy WebLinkAbout09/12/1989 Business Meeting ?_ 54 SEPTEMBER 12, 1989 BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat Berndt, presiding, Council members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael, and Jerry Foy present on roll call. Council member Bernard Sims' absent and excused. Acting City Manager Stouder, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Toney also present. 2. INVOCATION The Pledge of Allegiance was led by Council member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt announced that the ceremony regarding the presentation of the Freedom documents has been cancelled due "to the condition of the documents. She reminded Council members that next week is "Constitution Week." Mayor Berndt announced that Item No. 16, Approval of right -of -way use permit requested by the Feminist Women's Health Center, has been withdrawn and will not be discussed today. She stated if anyone has questions about this item, they should speak with Director of Community and Economic Development, Glenn Rice. She announced that Item No. 10, Consideration. of petition for street tree planting .cutouts and irrigation system on Tieton Drive, has been postponed for one week. 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Item No. 14 was removed at the request of Council member Beauchamp. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY CARMICHAEL, SECONDED BY .BEAUCHAMP, THAT THE CONSENT AGENDA, AS. READ,. BE PASSED. Unanimously carried by roll call vote. Sims absent.. (Subsequent paragraphs preceded by an asterisk ( *) indicate 'items on the Consent Agenda handled' under one motion without further discussion.) *5. APPROVAL OF MINUTES OF THE COUNCIL MEETINGS OF AUGUST 8, 15 AND 22, 1989 The Council minutes of August 8, 15, and 22, 1989 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION • Mayor Berndt read a proclamation designating the last two weekends of September as "Sunfair Festival Days" and then presented the proclamation to Nancy Nielson, Sunfair Festival Association. Mrs. Nielson spoke of the growth of the Sunfair Festival Association over the past two years and also of the various activities scheduled for this year's Sunfair Festival Days. Sunfair Festival buttons were distributed to the Council. Mrs. Nielson announced the buttons are being sold for $2.00 and tee shirts are available for . $10.00 . Mayor Berndt read a proclamation designating Saturday, September 16th "Duck Race Day" and then presented the proclamation to Alan Cottle, Sunrise Rotary, and Barbara Feesey, Yakima Greenway Foundation. Mr. Cottle invited Council members to watch the event AAD /1 25 5 SEPTEMBER 12, 1989 and collect the rubber ducks after the completion of the race. Mayor Berndt thanked Mr. Cottle and Mrs. Feesey for their efforts related to the Yakima Greenway, commenting that the Greenway is an asset to the community. Charles Kriz, 5708 Bitterroot Lane, again commented about the drug problem, stating it is still his opinion that law enforcement should receive the greatest portion of the money to fight the war on drugs. He indicated he was just informed by staff that the information he requested last week regarding the expenditures of the Coalition for the War on Drugs is forthcoming.. David Hawkins, 1705 Gordon Road, representing David Michael Kids Unlimited, addressed Council regarding drug use by students and the School District's method' of dealing with this problem. Mr. Hawkins stated as long as various local entities continue to work separately, the drug situation will not be resolved. He spoke about the program he has to offer to fight the drug problem and was asked by Mayor Berndt to present his program to the School Board. Mr. Hawkins indicated he intends to do that. 7.. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND • ' DEBRIS PROGRAM Leonard Hall, ,Code Inspector, addressed Council regarding this item. He reported that all of the properties but 310 South 10th Street have been cleared of weeds. Council member Foy commented that he previously asked that action be taken to clear the property on the north side of Nob Hill Boulevard at 24th Avenue. He indicated the weeds are about four feet high. Mr. Hall said he would check into the matter and try to resolve it. There being . no citizen to speak to this issue, and Resolution No. D -5629 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY CARMICHAEL, TO ADOPT THE. RESOLUTION. Unanimously carried by roll call vote; Sims absent. RESOLUTION NO. D -5629, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 8. CONSIDERATION OF REQUEST FROM YAKIMA COUNTY COMMISSIONERS AND YAKIMA COUNTY FAIR BOARD REGARDING YAKIMA SUNDOME PROJECT FINANCING REQUIREMENTS County Commissioners Chuck Klarich and Alex Deccio were present to address this issue and respond to questions about the financing requirements of the SunDome project. Commissioner Klarich reviewed a chart listing the following SunDorne budget: Design /Construction /Contingency $ 8,780,000 Seating /Equipment 2,440,000 Parking and Site Work (water, sewer, etc.) 1,660,000 TOTAL PROJECT BUDGET $12,880,000 Revenue to date $10,329,000 State Grant "89" 1,000,000 E.D.A. Grant 290,000 TOTAL REVENUE $11,619,000 Needed to Complete the Project $<1,261,000> III Commissioner Klarich reminded Council that four years ago at the beginning of this project $13,500,000 was .requested from the State to complete this project, however, the State funded the project in the amount of $6,500,000. He proposed the following funding plan to complete the SunDome project: • AAD /2 2 5 6 SEPTEMBER 12, 1989 Fair Board $ 400,000 Fair Board through Corporate Sponsors 200,000 City of Yakima 400,000 Union Gap 200,000 Fair Board Maintenance & Operation Savings 61,000 Total of proposed budget $ 1,261,000 Cumuissioner Klarich stated Yakima County is not included in the proposed budget because the County has obligated itself to fund the conference center at a cost of $2,500,000 through the sale of bonds. Under discussion, Council member Buchanan pointed out that Council member Carmichael was the individual responsible for starting the E.D.A. Grant process, and Mr. Stouder completed the grant process with the assistance of Congressman Sid Morrison. Commissioner Deccio thanked Council member Carmichael for the tremendous effort she has put forth on this project. He commented that the cost of the project should be cut in half because the money received from the State does not have to be repaid. He also expressed appreciation to City Manager Zais, Assistant City manger Stouder, and Council members Foy and Carmichael for their involvement in this project. Keith Daniels, 300 South 76th Avenue, representing the Board of Directors of the Yakima Association of Realtors, stated they have agreed to support the allocation of $40,000 to be taken from the Real Estate Transfer Tax Fund for the completion ofthe SunDome, recognizing that these funds will be used in a way that will benefit the general public. Mr. Daniels further stated this sanction does not, in any way, relieve the City Council from its promise to the Yakima Board of Realtors to utilize all future available Real Estate Transfer Tax Funds for improvements and construction of the City's infra - structure. Gary Webster, representing the. Board of Directors of the Greater Yakima Chamber of Commerce, stated the Chamber was instrumental in bringing the groups together to agree on funding options for the initial local match against the State's $6,500,000. He said the Chamber of Commerce supported the increase in the business license fees, with those funds being dedicated for that phase of construction (for the initial local matching funds required by the State in the amount of $6,500,000). Mr. Webster indicated that the Chamber of Commerce is supportive of the recent request from the County regarding the additional funds from the City of Yakima and supportive of the City's intent to use the Real Estate Transfer Tax Funds to meet that request. Mr. Webster pointed out that the Chamber feels the SunDane will benefit the entire community. He added that the Chamber also recognizes that there were State mandates that had to be met prior to applying for State Public Trust Fund monies. Mr. Webster stated the Chamber stands by the premise that the Real Estate Transfer Tax funds shall be used for infra structure needs and feel that much of the money allocated will be used for infra structure needs in conjunction with the SunDome project. Ines Rice, 4409 Arlington, asked how this obligation of the Real Estate Excise Transfer Tax funds will impact the money used for matching grant funds? Acting City Manager Stouder stated it will not have any impact on the existing obligations. He stated there is a balance of $2,000 annually in that fund at current revenue generation rates. Mrs. Rice stated the City has already donated a bond in the amount of $1,500,000 to the SunDome project, and it appears to her that the County has not planned their building process very well or they would have known what all of this was going to cost. She stated she objects to this proposed funding, stating the City needs more water for development and growth. Phil Pleasant, Yakima resident, voiced concern about allocating this additional money to the County. Mr. Pleasant stated he has observed this project for the past four years and he has yet to see a way that a black contractor can become involved. He asked AAD /3 • SEPTEMBER 12, 1989 257 • Council to make sure he could become involved in the project somehow. Barbara Harris, P. 0. Box 812, Yakima, stated she also opposes the additional funding requested to complete this project, adding that she would like the money to be used for streets and water needs. Charles, Kriz, 5708 Bitterroot Lane, also spoke in opposition to the allocation of additional funding. He indicated he had originally been told that all of the funding for the SunDome was in place, and he is confused about the need for additional funding. Commissioner Klarich, Council member Foy and Mayor Berndt responded to Mr. Kriz, pointing out that the initial request was for $13,500,000, however, the allocation from the State was only $6,500,000. Mayor Berndt indicated there must have been a misunderstanding of the issue on the part of Mr. Kriz. Council member Barnett recalled that the County used its hotel /motel tax to help construct the Yakima Convention Center and he views this proposed funding for the SunDome as a certain amount of reciprocity and he intends to support the request. Council member Beauchamp responded to some of the concerns raised by citizens in regard to this request. He stated he thinks this is an investment into the future the community and he does not see that the investment of $40,000 is so critical to other needs of the City that the investment cannot be made in the SunDome project. He stated the additional tax dollars that will be received by the community will offset the investment. Mr. Beauchamp commented that it is important for the City to remain competitive in the convention market, and he believes the SunDome will help the Cityin that regard. He expressed hope that the Fair Board and the Commissioners will ensure that there will be a good affirmative action program in place that will include minority employees at the SunDome.. There being no further discussion, it was MOVED BY BEAUCHAMP, SECONDED BY BARNETr, TO ACCEPT THE STAFF' RECOMMENDATION THAT THE CITY COUNCIL AUTHORIZE THE'ALLOCATION OF $40,000 PER YEAR FROM THE CITY'S UNOBLIGATED ANNUAL REAL ESTATE EXCISE TAX. FUNDS TO YAKIMA COUNTY FOR :ADDITIONAL DEBT SERVICE ON A 20-YEAR- $400,000 COUNTY BOND TO HELP FINANCE THE COMPLETION OF THE SUNDOME PROJECT, • AND DIRECT THAT FORMAL LEGISLATION BE SUBM TTED.TO AMEND THE CITY'S AGREEMENT WITH THE COUNTY REGARDING THE SUNDONIE PROTECT AND AMEND THE 1989 BUDGET FOR THE EXPENDITURE APPROPRIATION. Unanimously carried by voice vote. Sims absent. • 9. CONSIDERATION OF PETITION FOR IMPROVEMENTS.ON BROWNE AVENUE Director of Engineering and Utilities, Dennis Covell, reviewed the information provided on the agenda cover sheet, stating this'issue has been before the City Council through citizen complaints for a number of years. He indicated most recently he has received a petition containing forty -two signatures of Browne Avenue residents asking that the street .be replaced. Mr. Covell stated Browne Avenue, between 16th Avenue and. Hall, was built during the 1930's of a monolithic concrete pour for the street, curb and sidewalk, and is currently in very poor condition. Mr. Covell stated this request presents a dilemma for him as he has a limited amount of - capital improvement funds with which to work. He said the City does not have funding to install the signalization at Custer and Smmmitview and the Browne Avenue project too, therefore, he has requested this item be discussed in more detail during the 1990 . budget hearings. Discussion ensued regarding the re- prioritization of the.6 Year Transportation Improvement Plan and Mr. Covell.stated he is not .prepared to discuss that possibility today, but anticipates doing that during the budget process. Council member Carmichael suggested looking into the possibility of using some of the Community Development Block Grant Funds_for the Browne Avenue project, and also mentioned implementation the City's .50/50 sidewalk. repair program along.Browne Avenue. . Elsie Gregorich, 1512 Browne Avenue, submitted photographs illustrating the poor condition of the street and commented that AAD /4 2 5 8 SEPTEMBER 12, 1989 the residents of Browne Avenue would appreciate any assistance the Council can offer. Margaret Robinson, 1412 Browne Avenue, stated she contacted the City approximately three years ago about the 50/50 sidewalk replacement program that Council member Carmichael spoke of, and at that time she was told that Browne Avenue was on a "high priority list" for street replacement. She commented that she has lived on Browne Avenue thirty years and can remember only one time that the street has been seal- coated. Mrs. Robinson stated she understands the need to delay the project until next year, however, she hopes the discussion today is not just more empty promises. Delores Gaviglio, 1403 Browne Avenue, stated she has lived at this address for thirteen years, and would like to reiterate the comments made by Mrs. Gregorich and Mrs. Robinson. She indicated Browne Avenue is only five blocks in length and she is concerned that if a stop light is installed at Custer and Summitview this may increase traffic on Browne Avenue by people trying to avoid the traffic light. She concluded her comments, asking that Council keep Browne Avenue as a high priority in terms of street repair. 10. CONSIDERATION OF PETITION FOR STREET TREE PLANTING CUTOUTS AND IRRIGATION SYSTEM ON TIETON DRIVE This item was deferred one week. 11. CONSIDERATION OF RESOLUTION REGARDING STREET VACATION POLICY Associate Planner, Joan Davenport, stated the Council packet contains a proposed resolution amending the existing City policy regarding compensation for right -of -way vacations. She said the resolution provides for flexibility regarding the circumstances of right -of -way vacations, and as requested by the Council, during the ..:August - 15, 1989 Council meeting, it also provides, for maximum ':compensation in those circumstances when the City would require compensation: She indicated the only circumstance where :.compensation would not be required. would be when there is an unapproved right -of -way to which there is really no public purpose ' served by maintaining it. Mrs: Davenport stated the packet also contains administrative' procedures which modify. and help to establish• procedures for processing the .right -of -way "vacations. The most significant one is the delegation of the public hearing authority to the Hearing Examiner, however, Council would still be required to set the date of the public hearing and also;-, take final action on all of the recommendations of the Hearing Examiner. More information is being required from the applicants requesting right -of -way vacations, such as a survey, a title report and other technical information. The Administrative fee is being increased from $100 to $200 and will set a time certain when improvements, and compensation is to be paid, to implement the vacation. Discussion followed regarding the percentage of compensation for right-of-way vacations with City Attorney Vanek pointing out that up to 50% of the assessed value can be charged for the right -of -way, however, state law also provides that Council can charge up to 100% when the right -of -way has been acquired at public expense. Assistant City Manager Stouder stated the proposed resolution repeats the content of the state law, however, the information has been condensed. Council member Buchanan stated some of the vacations requested may or may not have been purchased at public expense, but an awful lot of money has been expended to maintain them and the City should recoup the maintenance, or fully appriased value of the property. Council member Barnett agreed with this concept, stating Option C of the resolution does not address that situation. Council member Carmichael expressed concern that there are right -of -way vacations pending, however, she anticiapted some adjustment in the resolution and finds that those adjustments were not included. Mr. Stouder suggested that Council could specify a threshold that can be incorporated into the resolution for property size or value, beyond which a higher percentage would be charged. Council member Foy asked City Attorney Vanek to research the compensation issue to see if the • AAD /5 258 SEPTEMBER 12, 1989 City has the authority to change the state law allowing for 100% compensation right -of -way vacations. Assistant City Attorney Tree spoke about the background of the issue, stating before there was any state law regarding this subject Seattle enacted "an ordinance charging 50% of the appraised value of any property vacated. This ordinance was challenged and the•Supreme Court ruled that the City of Seattle could not charge anything for the vacation because the property in question had been given for the purpose of a street and the City of Seattle had not paid any consideration for the property. After that, the legislature gave the municipalities the authority to charge for right -of -way vacations and enacted a state law allowing 50% compensation for street vacations. The Legislature later ruled that when a municipality has purchased the property for value, 100% compensation is allowed. Council member Foy said he would be happy to accept the City Attorney's ruling if contact is made with the Attorney General's office regarding the interpretation of the compensation factor. Mayor Berndt asked that the resolution be read. Resolution No. D -5630 having been read.by title, it was MOVED BY BARNETT, SECONDED BY BERNDT, (after the gavel had been relinquished to Mayor Pro Tem Buchanan), THAT THE RESOLUTION BE ADOPTED. Under discussion, Council member' Barnett stated he is concerned that if the resolution is not adopted today, the two hearings scheduled for October 4, 1989 must be rescheduled. Mr. Stouder stated the resolution can be adopted today and an amendment can be made at a later date, or Council can make a • decision based on the current policy. Mayor Berndt stated Council would like the legal issue to be researched and asked that consideration also be given to the large segments of land that might be dedicated to the School District or the County as to the smaller segments. The question.was called for a vote on the motion. Unanimously carried by roll call vote. Sims absent. RESOLUTION NO. D -5630, A RESOLUTION declaring and adopting the • policy of the City of Yakima regarding the vacation of public streets or alleys; requiring an independent appraisal if right -of -way value exceeds Four Thousand Dollars ($4,000); and repealing City of Yakima Resolutions D -4277 and D -5088. *12. CONSIDERATION OF RESOLUTION AUTHORIZING STREET CLOSURE FOR YAKIMA GREENWAY FOUNDATION BED RACE ON SEPTEMBER 23, 1989 RESOLUTION NO. D- 5631, A RESOLUTION authorizing the closure of certain streets within the City of Yakima to accommodate the Schultz Furniture, Inc. Bed Race. * 13. CONSIDERATION OF RESOLUTION AUTHORIZING DISPOSAL OF SURPLUS PROPERTY (Personal Property Auction) RESOLUTION NO. D -5632, A RESOLUTION authorizing the sale of surplus personal property owned by the City. 14. CONSIDERATION OF LEGISLATION RELATING TO EMERGENCY PURCHASE: A. RESOLUTION DECLARING EMERGENCY AND AUTHORIZING PURCHASE OF AN AERIAL MANLIFT TRUCK AND A PAINT STRIPING COMPRESSOR WITHOUT CALLING FOR BIDS Council member Beauchamp inquired as to the cost of a new unit versus a demonstration unit. Public Works Director Copeland responded the $50,000 is basically the new price. He indicated the problem with this type of equipment is that there are not many floor models and if the City goes out to bid, specifications for the unit would have to be prepared and the unit built accordingly. He said this process normally takes 120 to 145 days for the manufacturer to build such a unit. Council member Beauchamp commented that the manlift lasted for seventeen years and asked if that is the life expectancy of a new unit? Mr. Copeland stated that according to Fleet Manager Don Toney, this particular piece of equipment is not heavily used and the City should be able to get that many years service out if it. There being no other inquiries of the Council, and Resolution No. D -5633 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, THAT THE AAD /6 2 b o SEPTEMBER 12, 1989 • RESOLUTION BE ADOPTED. Unanimously carried by roll ..call vote. Carmichael temporarily absent. Sims absent. RESOLUTION J10. A' RESOLUTION declaring an emergency and authorizing the purchase of an aerial manlift truck and a truck mounted paint compressor without calling for bids. B. FIRST READING OF AN ORDINANCE APPROPRIATING FUNDS FOR PURCHASE OF AN AERIAL MANLIFT TRUCK AND A PAINT STRIPING COMPRESSOR (NO FORMAL ACTION REQUIRED THIS MEETING) • An Ordinance amending the 1989 Budget and appropriating funds for the purchase of an aerial manlift truck and a paint striping . compressor, having been read by title only at this meeting, was laid on the table until next week, September 19, 1989. * 15. CONSIDERATION OF RESOLUTIONS RELATING TO LOOKOUT POINT SUBLEASE: A. RESOLUTION AUTHORIZING EXECUTION OF LOOKOUT POINT SUBLEASE RESOLUTION NO.' D- 5634, A RESOLUTION authorizing the City, to into an agreement with Tolbert and Ruby Jean Moore for subleasing a portion of the Lookout Point communications site, and for purchase of a 100 -foot communication tower. B. RESOLUTION AUTHORIZING ACQUISITION OF RADIO 'DOWER WITHOUT CALLING FOR BIDS RESOLUTION N0. D -5635, A RESOLUTION authorizing the City to enter into a contract ,for, the purchase of .a 100 -foot communication tower on Lookout Point, and declaring that an emergency exists,, that the procurement may be made without calling for bids. . 16. APPROVAL OF RIGHT -OF -WAY USE PERMIT REQUESTED BY FEMINIST WOMEN'S HEALTH CENTER This item was withdrawn by the applicant. *17. SET ATE OF HEARING ON RIGHT-OF-WAY VACATION REQUESTED BY HUCK AND SCHOCK FOR OCTOBER 4, 1989 BEFORE THE HEARING EXAMINER October 4, 1989 was set as the date of. hearing before the. .Hearing Examiner to .hear a right -of -way vacation request in the vicinity of South 37th Avenue and Yakima Avenue submitted by Huck and Schack. * 18. SET t TE OF HEARING ON RIGHT-OF-WAY VACATION REQUESTED BY ROBILLARD FOR OCTOBER 4, 1989 BEFORE THE HEARING EXAMINER October 4, 1989 was set as the date of 'hearing before the Hearing Examiner to hear a right -of -way vacation request in the vicinity of 408 South 38th Avenue submitted by Robillard. *19. REPORT FROM THE SAFETY COMMITTEE ON MOTOR VEHICLE MONTHLY ACCIDENT STATUS The report from the Safety Committee on the status of motor vehicle accidents reviewed by the Safety Committee in September 1989, was accepted. * 20. APPROVAL OF OUT-OF -STATE TRAVEL FOR: A. PLEAS GREEN, POLICE CHIEF, TO LOUISVILLE, KENTUCKY • The Out -of -State travel for Pleas Green, Police Chief, to attend the International Association of Chiefs of Police Annual Conference, in Louisville, Kentucky, October 13 -19, 1989, at a cost of $750.00, was approved. • AAD /7 SEPTEMBER 12, 1989 2 6 1 B. JEAN REID, PURCHASING AGENT, TO EDMONTON, ALBERTA, B.C. The Out -of -State travel for Jean Reid, Purchasing Agent, to attend the 100th Pacific Northwest Public Purchasing Associations' 1989 Fall Conference in Edmonton, Alberta, B.C., October 4 -6, 1989, at a cost of $$804.00, was approved. 21. CONSIDERATION OF AN ORDINANCE GRANTING AMERICAN TELEPHONE AND TELEGRAPH COMPANY A PERMIT TO ENGAGE IN GENERAL TELEPHONE AND TELEGRAPH BUSINESS WITHIN YAKIMA CITY LIMITS City Attorney Vanek explained that this is a request by American Telephone and Telegraph Company to lay a fiber optic communications cable under City of Yakima street right -of -way. Mr. Vanek stated the legal basis for this is a grant of right -of -way authority and an amended state law allowing the telephone company to use public rights -of -way. This law supercedes the franchise provisions of the City Charter, however, the other provisions of our City Charter concerning franchises still apply. He further explained that he drafted a permit which is essentially a franchise modeled after the Pacific Northwest Bell franchise, except that the cable will be laid underground. - "The permit is for twenty -five years; the compensation is also limited by state law to the actual • administrative expense that the City charges to AT &T for granting this permit, as well as 6% of their gross sales. Mr. Vanek stated a street break permit must also _be granted by the. Engineering Department, allowing AT &T to dig up the right -of -way in the area where the cable is to be laid. Responding to Council member Beauchamp's inquiry regarding the number of streets to be affected by this, City Engineer Whitcher explained that the cable route is 6th Avenue, South on 'Cherry Avenue, then westerly, placing the • conduit bank under the sidewalk, necessitating the removal of the sidewalk, the laying of the conduit bank, and then reconstruction of the sidewalks. Francis Fruzzetti, AT &T representative, stated this is an international cable to be used for intraLATA intrastate and is part of an overall light guide cable network that AT &T is putting across the country and will tie into key cities, cities that we feel will be able to utilize the facility. He explained that AT &T interfaces with U.S. West Communications, there are no direct connections to the cable. Mr. Frussetti distributed samples of the cable and a card illustrating and explaining an actual fiber and fiber chip. Ordinance No. 3200 having been read by title, it.was MOVED BY BUCHANAN, SECONDED'.. BY.CARMICHAEL,. THAT`THE. ORDINANCE BE PASSED. Unanimously carried. by roll call vote. Sims absent. ORDINANCE NO. 3199., AN ORDINANCE granting to The American Telephone and Telegraph Company, a New York corporation, its subsidiaries, affiliates, successors and assigns, the non- exclusive right to engage in general telephone and telegraph business within the City of Yakima, State;of Washington, and the right to :place, .erect, lay, maintain and operate in, under and. upon the public streets, alleys, thoroughfares, highways and bridges in the City of Yakima underground wires, cables and other appliances and conductors for telecommunications purposes. *22. SECOND READING OF ORDINANCES AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR: A. PUBLIC WORKS TRUST FUND FOR STREETS An Ordinance appropriating Public Works Trust Fund monies for street projects, having been read by title only at the August 22, 1989 meeting, was brought before the Council for a second reading. ORDINANCE NO. 3200, AN ORDINANCE amending the 1989 budget for the City of Yakima; making appropriations for a Public Works Trust Fund Project for signalization and street light improvements from Unappropriated Fund Balances within various Funds for expenditure during 1989. AAD /8 2 6 2 SEPTEMBER 12, 1989 • B. I- 82/YAKIMA AVENUE INTERSECTION COG STUDY COST PARTICIPATION An Ordinance appropriating Public Works Trust Funds for the I- 82/Yakima Avenue Intersection Cog Study, having been read by title only at the August 22, .1989 meeting, was brought before the Council for a second reading. ORDINANCE:NO. 3201, AN. ORDINANCE amending the 1989 budget for the City of Yakima; and making an appropriation of $3,750 in the Public Works Trust Construction Fund for expenditure during 1989 for the City share of an I -82 /Yakima Avenue and I- 82/Nob Hill Intersection Study. *23. FIRST READING OF AN ORDINANCE AMENDING THE 1989 BUDGET APPROPRIATING PUBLIC WORKS TRUST FUNDS FOR A DOMESTIC WELL (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1989 budget and appropriating Public Works Trust Funds for a domestic well, having.been read by title only was laid on the table for one week, until September 19, 1989. 24. OTHER BUSINESS Council member Buchanan reported that there has been a lot of work done on North 6th Avenue; one of the track crossings has been eliminated and the other is being repaired. He said the bicycle route is going to be much better than it was before. James Carmody, 405 East Lincoln Avenue, Attorney representing Jefferey Tamkin, K -Mart Project /North 40th Avenue and West Powerhouse Road, appeared before Council asking that the City Council accept his filing of the Notice of Appeal in reference to the aforementioned project. Assistant City Manager Stouder explained that the City must now follow the process of responding to this appeal. Mr. Carmody stated he would like the City Council to facilitate the administration of the Declaration of Significance for presentation and a decision next Tuesday. He emphasized that if a decision is not made next week, the project will have to be aborted. Secondly, he urged the Council to expeditiously respond to the County Commissioners' question on whether or not there should be an E.I.S. Mr. Carmody stated he will have a complete packet ready for consideration by the Council as soon as the meeting can be scheduled. Mr. Stouder informed. Council that Mr. Carmody has been willing to discuss this matter and has proposed that the City -and County. Planning staff meet with • the proponent /developer to resolve the matter, however, he. (Mr. Stouder) commented he is not sure that is an appropriate situation. (Council member Buchanan absent after 4:00 'P.M..). Council member Carmichael asked that the information be provided to the Council members for review as soon as possible and Mr. Carmody agreed to this. It was MOVED BY _FOY, SECONDED. BY :BEAUCHAMP,. TO ' CONDUCT .THE . HEARING .AT 10 :00 .A.M.: "THURSDAY, . SEER.. 21ST, 1989,—„Carried by 4 -1 voice vote. Barnett voting nay; Buchanan.and Sims.absent. Council member Barnett absent for the remaining portion of the meeting. Council member Carmichael complained about the soap and water that is always dripping from the counter top in the women's restroom and asked if that situation can be rectified. Council member Foy commented that the same thing occurs in the men's restroom. Mr. Stouder stated he will have staff take care of the matter. Information Items: Items of information supplied to Council were: Narcotics Enforcement Update as of July 31, 1989 from Chief . of - Police; Memo from Chief of Police regarding Private Security Ordinance — Ron Anderson, C.W.I. 9/6/89; Memo from Water and Irrigation Superintendent regarding Complaint Regarding Sales Tactics and Practices of a Vendor Doing Business in the Yakima Area as "Valley Water Resources. 9/1/89; Memo from Director of Engineering and AAD /9 SEPTEMBER 12, 1989 283 Utilities regarding Storm Water Management Plan - DOE Funding. 9/6/89; Letter from Vice. President of HDR Engineering regarding City of Yakima Cost of Sewer Service Analysis Deadline. 8/25/89; Letter to Washington Department of Ecology regarding NPDES Permit Compliance Schedule. 9/12/89; Memo from Director of Public Works and Parks.and Recreation Superintendent regarding Adult Social Day Care Services. 9/7/89; Letter to Ms. June Hall regarding Planned Parenthood Advertising on City Buses. 9/5/89; ,Letter to Richard E. Bichler, IPM Incorporated, regarding Repurchase of One Scavenger Truck Mounted Combination Vacuum /High Pressure Sewer and. Catch 'Basin Cleaner with Associated Equipment - City Bid No. 87 -25. 8/31/89; Letter from Governor Booth Gardner regarding 1989 Governor's Housing Conference to be held November 6 & 7 at Tacoma Sheraton Hotel; Memo from City Attorney regarding Damage Claims' Referred to . Insurance Company in August 1989; Permit Monthly Division Report for August 1989; and Yakima Basin Update Newsletter; August 1989. 25. ADJOURNMENT There being no other business to come before the Council, it was MOVED BY FOY, SECONDED BY CARMICHAEL, THAT THE - MEETING BE ADJOURNED AT THE HOUR OF 4:15 P.M. Barnett Buchanan and Sims absent. • ) READ AND CERTIFIED ACCURATE BY: A COUNCIL ' t ER DATE A, / i��► ^! I,/i711/ 1In I ATTEST: COUNCIL MEMBE' DATE Cat- \&/'1,4- / CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Barbara J. Toney, CMC. • . t AAD /10