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HomeMy WebLinkAbout09/24/1985 Business Meeting 152 SEPTEMBER 24, 1985 ' 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 Clarence Barnett, presiding, Council members Henry Beauchamp, Pat Berndt, Lynn Buchanan, Lynn Carmichael, and Jack Sparling present on roll call. Council member Jerry Foy' absent and excused. City Manager Zais, City Attorney Andrews and City Clerk Roberts also present. 2. INVOCATION . The Pledge of Allegiance was led by Mayor Barnett. Mayor Barnett presented a proclamation declaring the week of September 29- October 5, 1985 as Emergency Medical Services Week to Joel Heinzen. and -Lynda Mackey, who accepted the proclamation on behalf of St. Elizabeth Medical Center and Yakima Valley Memorial Hospital emergency physicians. 3. OPEN. DISCUSSION FOR THE GOOD OF THE ORDER None. 4. CONSENT AGENDA Mayor Barnett 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 Barnett advised Council that staff has requested Item No. 12 be deleted from the Agenda and a citizen has requested Item No. 19 be removed from the Consent Agenda. Council member Sparling requested Itan No. 7 be added to the Consent Agenda. It was the general consensus of the Council that Item No. 12 be removed from the Agenda, Item No. 19 be removed fran the Consent Agenda and Item No. 7 be added to the Consent Agenda, as requested. The City Clerk then read the Consent Agenda, including resolutions and ordinances by title. It was MOVED by Carmichael, seconded by Buchanan, that the Consent Agenda, as read, be passed. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS OF AUGUST 6 AND 27, AND SEPTEMBER 3, 1985 The Council minutes of August 6 and 27, 1985 and September 3, 1985, 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 Ines Rice, 4409 Arlington, requested a response to several questions she has regarding the proposed extension of utilities to Union Gap. She named her concerns, as the following: 1) Conflict of interest of some of the people working on this project; 2) Will the City be responsible for providing utilties to that part of the development in the South Broadway area which is on wells and considered poor housing? She understood that it would not be annexed by Union Gap, but it would throw the responsibility to the City to provide services; 3) Include in the project contract agreement with Union Gap a stipulation that provision would be made in this agreement in case of a dry year. The way it is set up, she believes this means the City of Yakima would have to conserve water and yet Union Gap would not be required to do so.; 4) The property in the Urban Area Plan did not originally include this particular area; and 5) What new businesses do they have in mind that would develop there or what businesses from Yakima would go there because there would be cheaper water rates? She also SEPTEMBER 24, 1985 153' commented that Longview Fibre has a water line there and the City should annex that area. *7. PROCLAMATION DECLARING THE WEEK OF OCTOBER 6 -12, 1985 AS SIGN AMNESTY WEEK The staff recommendation requesting authorization for the Mayor to sign the proclamation declaring the week of October 6 -12, 1985 as Sign Amnesty •Week, was accepted. 8. HEARING ON REZONE OF PROPERTY AT 3800 SUMMITVIEW FROM R -1 TO PLANNED DEVELOPMENT AS REQUESTED BY DAN TILLEY This being the time set for the hearing on a rezone of property at 3800 Surrmitview`fran R -1 to Planned Development, as requested by Dan Tilley, and the hearing procedure having been read, the Mayor opened the hearing for testimony. Larry Lehman, Associate Planner, reviewed the staff report. Council member Carmichael questioned what types of businesses can locate at this property should the firm that is contemplating locating. there not take up the contract for that property. Larry Lehman responded the written .program specifically stipulates that only professional uses and other B -1 uses would be allowed at this site. Mayor Barnett stated there was - sane mention in the Planning Commission minutes about a dedication of right -of -way and inquired if this has occurred. Mr. Lehman stated the right -of -way would be submitted separately by deed, and has not yet been submitted. Dan Tilley, applicant, stated the right -of -way has been submitted for signature, however, it may not have been submitted in time for this hearing. He reviewed the proposed development for this property-and explained the church's desire to relocate, i•.e. part' of the church has been condemned and attendance has dwindled. He stated it is the church's intention to retain the historical pieces of the building to be used in the new church. He requested this rezone be approved with an emergency clause so construction can begin 'immediately. Council member Beauchamp inquired .about the neighbors speaking in opposition to the rezone at the Planning Commission hearing. Mr. Tilley stated there were sane concerns expressed by a couple of neighbors, which were addressed satisfactorily, concerning access through the property and site screening. Council member Carmichael inquired what kind of building will be constructed on this site. Mr. Tilley presented an artist's sketch of the proposed building, however, it did not provide_ the information Council member Carmichael requested, so Mr. Tilley described it for her as being a single story building. Discussion followed regarding the garbage service for the building. In response to Council member Beauchamp's question, Larry Lehman stated that residents 300 feet of the project were notified about this hearing. Mr. Tilley interjected .• that they had talked individually to the neighbors who were at the Planning Camnission hearing after the meeting. He further stated there weren't any neighbors who objected to the project, but only wanted to know about certain aspects of the project. The City Clerk read into the record a letter in support of the project from Don Foster, Surnmitview.Assembly of God Church, dated September 22, 1985, marked Exhibit No. P =1. Tan. Ridout, representing the NorthwestLDistrict Council of the Assembly of God, spoke in support of the rezone. He stated the church needs to sell this property in order to use the . proceeds to build a new church. There being no other citizen present wishing to speak in support or in opposition • to the .rezone, the public portion of the hearing was closed. It was MOVED by Berndt, seconded by Beauchamp, to approve the rezone, subject to the conditions noted in the staff report, ( A) That applicant dedicate 10 feet of right -of -way along Summitview Avenue; B) That the plan be revised to accurately depict dedicated right- • of -way and dimensions; and C) That applicant should submit an approved sign plan and /or revision of program to include provision that signs will not exceed five feet in height above ground level and external lighting will be shielded or reflected away from traffic and residential properties.) and provide for an emergency clause due to the construction time frame. In response to Council member Carmichael's inquiry, Mr. Tilley elaborated 'on the necessity for the emergency clause. The question was called for a 154 SEPTEMBER 24, 1985 vote on the Motion. Unanimously carried by, .voice vote. Foy absent. 9. HEARING ON. PRELIMINARY PLAT APPROVAL FOR PROPERTY LOCATED AT 45TH AND ENGLEWOOD AVENUES, AS REQUESTED BY MYRON ABRAMS /BELLEVUE MANOR This being the time set for the hearing on the preliminary plat,for property located at 45th and Englewood Avenues, as requested: by Myron Abrams /Bellevue Manor, the Mayor opened the hearing for testimony. Judd Black, Associate Planner, reviewed the staff •report. He stated most of the housing are single family units, with a couple of attached units. He circulated a photo copy of an artist's drawing of the units, which was marked as Exhibit No. P -1. ,Glenn Rice, Director of Community & Economic Development, stated this is a preliminary plat approval hearing, and not a hearing on the Planned Development. There being no citizen present wishing to speak either in support or in opposition to the preliminary plat .approval, the public portion of the hearing was closed. Council member Beauchamp inquired about the drainage plan for the development and Mr. Rice responded that would have,been approved in the Planned Development application. It was MOVED by Beauchamp, • seconded by Sparling,,, to approve this preliminary plat, subject to the terms and conditions outlined in the staff report. (1) Any future development on nearby properties by the applicant would require that the watermain be looped back to the water system; (2) That HPS street lights on the entrance at Englewood Avenue be installed; (3) Development be in accordance with the approved Planned Development; (4) The written program for the Planned .Development be amended to include a section requiring the individual pole lights for each lot be maintained and operated by the Homeowner's Association). Carried by 5 -1 voice vote. Buchanan voting nay. Foy absent. 10. HEARING ON HOUSING ASSISTANCE PLAN This being the time set for the hearing on the Housing Assistance Plan, the Mayor opened the hearing for testimony. Dixie Kracht, Housing Supervisor for the Community Development Block - Grant program, explained the Housing Assistance Plan is a requirement for the City to receive HUD funds. She stated that every three years a -Three ,Year Plan must be adopted, and this is third year. She then responded to Council's questions regarding the .statistics on the .owner /occupied rehabilitation program on pages EE6 and EE9 of the Plan. There being no citizen present wishing to speak on this item, the hearing was closed. Following discussion regarding the new three year goal,, it was MOVED by Beauchamp, seconded by Berndt, to approve the 1986 -1988 Three Year Housing Assistance Plan and authorize staff to submit the final plan. Unanimously carried by voice vote. Foy absent. 11. RECONSIDERATION OF REQUEST FROM DEPARTMENT OF TRANSPORTATION FOR CITY VANPOOLING PROGRAM • . Bill Schultz, Transit Manager, was present to respond to Council's questions. He also .introduced Gary Beeman, District 5 Rideshare Coordinator, Department of• Transportation; and Rich Mohar, Planning•. and Public Transportation Division of. the Department - of-. Transportation. Council members_ questioned the costs included in the operating costs of the van, upon which the fare for the passenger would be based. Bill Schultz responded the fare would include costs such as insurance, fuel, repairs, and replacement of the van. Rich Mohar explained the vanpooling project in which the Department of Transportation would lease vans to the City on a five year lease basis with a one year escape clause. The City would be able to abandon the project within the first year. He stated he has two vans available for the City of Yakima. He further explained that as far as replacement of the vehicles is concerned, the intent is to provide "seed" vans for transit agencies to field test the concept .of vanpooling. Council member Buchanan asked about the insurance on,,these vans, to which Mr. Schultz stated the City, would have to provide the insurance coverage. Responding to Council member Carmichael's question regarding staff involvement, Mr. Beeman indicated the City would not be involved in the day to SEPTEMBER 24, 1985 155 dayl- operation of the program. He stated he volunteered to handle the administration of the program. Council member Carmichael expressed concern about the City taking the final responsibility for this program after the first year. Council member Sparling commented he does not'believe the State should be in the business of leasing vans at a rate well below normal lease rates. Council member Beauchamp expresed his concerns about the risks involved, when he has heard about private vanpools failing. (Council member Berndt absent after 3:30 p.m.) It was MOVED by Buchanan, seconded by Beauchamp to table this item. Unanimously carried by voice vote. Berndt and Foy absent. 12. REPORT FROM TRAFFIC "ENGINEER REGARDING WEST WALNUT /MEDICAL CENTER AREA TRAFFIC ISSUES -a° ' , Item removed from the Agenda as requested by staff. 13. CONSIDERATION OF RESOLUTIONS REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM r "' (Council member Carmichael temporarily absent.) There being no citizen present wishing to contest this resolution, and Resolution No. D -5169 having been read by title only, it was MOVED by Buchanan, seconded by Sparling, that the Resolution be adopted. Unanimously carried by roll call vote. Berndt, Carmichael and Foy absent. RESOLUTION NO. "D-5169, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 14. CONSIDERATION OF RESOLUTION ADOPTING YAKIMA -- COUNTY , SOLID 'WASTE PLAN (Council 'member - Beauchamp temporarily absent.) Mayor Barnett questioned if it would be better to 'delay action on .this until the final regulations will be adopted by the Department of "Ecology. around October 25, 1985.. Dan Hesse, Yakima County Public Works Director, stated the Comprehensive Solid Waste Plan has been in effect for the past twelve years and State law requires an update every five years. The proposed plan is. ' drafted and will be subject to public hearings so it is not known when it will be adopted. It will take several years before we will have to comply with the new minimum functional standards which will'be adopted in that plan. He further commented we only have about a year or - year- and -a- half left in' our present'location. (Council member ' Beauchamp' temporarily absent.) . Following discussion regarding the .cost of the plan and the rate increase, and Resolution No. D -5170 having been read by title, it was MOVED by Sparling, seconded by Carmichael, that'the resolution be adopted: Unanimously carried by voice vote. Beauchamp, Berndt and Foy , absent. RESOLUTION NO. D -5170, A RESOLUTION adopting the Yakima County. Solid Waste Management Plan Update. . *15. APPROVAL OF FINAL CONTRACT PAYMENT FOR WALNUT AND , 5TH AVENUE REHABILITATION = - The report from the City Engineer dated September 17, 1985, with respect to the completion of the work on the Walnut and 5th Avenue rehabilitation project, performed by Yakima Asphalt Paving, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 16. RATIFICATION OF AWARD OF BIDS FOR TRANSIT COACHES - City Manager Zais cammented that normally bid awards are 'processed administratively; however, this issue has been the subject'of •a great deal of concern by the Council over the past several years. , In response to Council member Carmichael's request for information about the Gillig Corporation, Bill Schultz, Transit Manager, stated the Gillig Corporation has been manufacturing buses for about 40 years and is considered a reliable firm. Following discussion 156 SEPTEMBER 24, 1985 regarding the additional requirements this will place on the City by having to increase spare parts inventory and training of mechanics, it was MOVED by Carmichael, seconded by.Buchanan to accept the staff report and recammendation_to ratify the action by the ,City Manager and Purchasing Agent awarding the purchase of eleven coaches and spare parts to Gillig Corporation. *17. APPROVAL OF REPORTS FROM DEPARTMENT OF FINANCE & BUDGET: A. AUGUST 1985 TREASURY REPORT The report from the Director of Finance and Budget dated September 24, 1985, regarding the investments of the City of Yakima, was accepted and approved. B. AUGUST 1985 BUDGET REPORT The General Government Budget Status Report from the Director of Finance and Budget for the month of August 1985, was accepted for filing. • *18. SET DATE OF HEARING ' ON ' 1986 COMMUNITY. DEVELOPMENT BLOCK. GRANT FOR OCTOBER 15, 1985 October 15,-1985 was set as the date 'of hearing on the 1986 Community Development Block Grant Program. 19. CONSIDERATION OF-.AN ORDINANCE' REGARDING UTILITY ACCOUNTS DELINQUENCY AND METHODS OF COLLECTION - Greg Provenzano, Evergreen Legal Services, expressed his firm's concern that the deposit for utility accounts may pose a hardship on people who are on fixed incomes or have very low incomes. He spoke about all the ,other deposits when renting an apartment .or house. -In response to -this situation, he stated the Washington. State Transportation and Utilities Commission.. has adopted regulations that provide for extended payments of a deposit. He suggested that Council consider including such a provision in this ordinance, which could require a payment of 500 of the deposit at the time service is initiated; and the balance to be paid' within the' next two months. He stated he is aware of the discretion' allowed in the ordinance for staff'to make adjustments, however, he continued to 'express concern regarding when this discretion would be exercised. John .Hanson:, Director.=of. Finance & Budget, stated he understands Mr. Provenzano's: position, however, the ordinance provides for some administrative flexibility, which would include permitting someone to pay a..partial payment. Ordinance No.' 2904 having been read by title, it was MOVED by, Buchanan, seconded by Sparling, that the ordinance be passed. .Unanimously carried'by roll call vote. Beauchamp, Berndt and Foy absent. It was MOVED by Carmichael, seconded' by Buchanan, to authorize an additional Department Assistant II position to do the credit /collection program. Unanimously carried by voice vote. Beauchamp., Berndt and Foy absent. ORDINANCE NO. 2904, AN ORDINANCE relating to public services and utilities; amending Sections 7.68.015 and 7.68.215, repealing Section 7.68.271, and enacting Chapter 7.50, Utility Deposits, as a new chapter and -sections, all of the City' of Yakima Municipal Code. *20. CONSIDERATION OF ORDINANCES AMENDING THE 1985 BUDGET (FIRST.. READINGS): • A. APPROPRIATION TO THE hDRKERS' COMPENSATION FUND An Ordinance appropriating funds into the Workers° Compensation' Reserve Fund, having been read by title only, was laid on the table for two week or until October 8 , 1985. • SEPTEMBER 24, 1985 • I 157 B. APPROPRIATION TO THE 473 WASTEWATER OPERATING FUND An Ordinance appropriating funds into the 473 Wastewater Operating fund, having been read by title only, was laid on the table for two weeks or until October 8, 1985. . *21. CONSIDERATION OF AN ORDINANCE FIXING AND LEVYING THE AMOUNT OF AD VALOREM TAXES FOR 1986 ORDINANCE.NO. 2905, AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 1986 Budget for the City of Yakima. *22. CONSIDERATION OF AN ORDINANCE REGULATING THE USE OF INTOXICATING LIQUOR IN PARKS AND PLAYGROUNDS ORDINANCE NO. 2906, AN ORDINANCE relating to parks and playgrounds; restricting intoxicating liquor in parks and playgrounds; and amending Section 13.16.070 of the City of Yakima Municipal Code. *23. CONSIDERATION OF AN ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CITY EMPLOYEES . • ORDINANCE NO'. 2907, AN ORDINANCE relating to City personnel; adopting a classification and,canpensation plan for City employees to be effective October 28, 1985; amending Sections 2.20.100 and 2.20.110 of the City of Yakima Municipal Code. 24. OTHER BUSINESS Information Items Items of Information supplied to Council were: Letter to Don F]nerick,' President, Conover Insurance, Inc.,, regarding City of Yakima insurance proposal. 9/20/85; Memo fran City Clerk regarding status of vacancies and term expirations on various city boards and canmissions. 9/20/85; Memo from City Attorney regarding damage claims referred to insurance company. '9/18/85; Yakima. Transit Monthly Operations Reports (Fixed Route Only and Elderly and • ' Handicapped Services) for month of August 1985; Agenda for October 24, 1985 Board of Adjustment meeting; Minutes of the July 23, 1985 Board of Adjustment meeting; and Agenda for September 25, • 1985 Housing Authority meeting and minutes of the August 28, 1985 and September 13, 1985 meetings. : .. 25. ADJOURNMENT . • There being no further business to can before the Council, it was MOVED by Buchanan, seconded by Carmichael, that this meeting be adjourned.at the hour of 4:20 p.m. Unanimously carried by voice vote. Berndt and Foy absent. ' 1�1 III READ AND CERTIFIED A C C U R A T E BY �y\ 'f : t , ��'� ' IR. to I t " ' �j .'t ' Counc " `` ember Ij / / 7- 600 . 91.1 =M f , r ATTEST: . , /� G �C! X44 ar _ i/� _' � �� _► iii _ � City Clerk - Mayor . . •