HomeMy WebLinkAbout06/05/1984 Study Session JUNE 5, 1984 301
STUDY SESSION
The City Council met in session on this date at 2:00 p.m. in the Council
Chambers of City Hall, Yakima, Washington. Council members present were
Mayor Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael,
Shirley Doty, W. K. "Pete" Moore, and Jack Sparling.
1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council member Moore stated he had received a complaint
regarding the shrubbery at 26th Avenue and Chestnut which is
blocking the view of the traffic and requested the situation
be referred to the Traffic Engineering Division. He also
questioned if the City has an emergency number for the Water
Division between the those hours. He indicated a citizen had
been informed the Water Division does not answer the phone
between 5:00 and 6:00 p.m. City Manager Zais stated there is
an emergency number which is in effect during those hours of
the day and staff should be available for emergency
situations.
Council member Carmichael requested Item No. 13 be removed
from today's agenda, stating the motion made by her on May
15th was to table the item indefinitely, not until staff could
present further information. She stated this item is coming
back inappropriately at this time. Mayor Barnett stated if
that indeed was the motion, the item will have to be brought
back on the table by City Council rather than by staff.
Mayor Barnett stated he had received several complaints from
citizens this past weekend due to the dust problem at the 40th
Ave. and Tieton Dr. construction site and requested staff look
into that situation.
2. STATUS REPORT ON GREENWAY DEVELOPMENT
County Commissioner Whiteside gave a report on the Greenway
project adjacent to the Sarg Hubbard Park. Referring to the
map he distributed to Council, he indicated the parcels of
land he would like the City to trade for other parcels to
enable the Greenway Foundation to continue their project. He
reported he met with Mr. L. L. Buchanan, owner of the property
upon which Central Pre-Mix operates,. and made arrangements for
the Greenway Foundation to purchase his right of ownership to
the two parcels of land needed for the Greenway project. He
indicated Central Pre-Mix could then operate on the property
that would be traded to them, a resource equal to that which
they would have received from the property on which Reflection
Pond is located. Commissioner Whiteside stated the landPbeing
discussed for trade has been surveyed and Central Pre-Mix will
receive the same aggregate resource in this trade of property,
II/ and further explained the intent of the Greenway Foundation
for the development of the park. He stated the Greenway
Foundation has raised the funds for the purchase of the
property from Mr. Buchanan, and the Foundation is now
requesting permission from Council to proceed with the trade
of property owned by the City for the property currently owned
by Mr. Buchanan. After further discussion, it was MOVED by
Moore, seconded by Carmichael to move this item down on the
agenda to become Item No. 7a. Unanimously carried by voice
vote.
3. REPORT FROM COUNCIL TRANSIT COMMITTEE RE PROPOSED ALLOCATION OF
UMTA FUNDING
Bill Schultz, Transit Manager, reviewed the recommendation
made by Council on April 17, 1984, regarding the Capital
Improvement Program and how the funds are to be utilized. The
Transit Committee met with staff on May 2nd and May 30th to
discuss the issue, and subsequently forwarded their report to
Council for consideration and discussion on this date.
302 JUNE 5, 1984
Discussion followed regarding the necessity of expanding the
maintenance facility and the location of the bus shelters and
transfer facility. It was MOVED by Moore, seconded by
Buchanan, to conclude discussion of this item today and bring
it back as an agenda item in two weeks so that Council may
have an opportunity to study all of the proposals, in addition
to information provided by staff today in their oral report,
and make a determination at that time. Unanimously carried by
voice vote.
BUSINESS MEETING
4. ROLL CALL
At 3:00 p.m., the Council members commenced the regular
meeting, Mayor Barnett presiding, Council members Beauchamp,
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Buchanan, Carmichael, Doty, Moore, and Sparling, and City
Manager Zais, and City Attorney Andrews present on roll call.
5. INVOCATION
Mayor Barnett read a proclamation declaring June 14, 1984 as
Flag Day in Yakima.
6. 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.
Council member Moore requested that Item No. 22 be removed
from the Consent Agenda. Mayor Barnett stated that the City
Clerk advised that Item No. 21 should be removed from the
Consent Agenda and Council member Carmichael requested that
Item No. 13 be removed from the agenda completely. Council
member Doty stated she doesn't Object to Item No. 15 being
left on Consent, however, she would like the record to
indicate she is abstaining from voting on Item No. 15 due to a
possible conflict of interest. Council member Carmichael
requested that Item No. 18 be added to the Consent Agenda. It
was the general consensus of the Council that the deletion of
Items Nos. 13, 21b, and 22, and the addition of Item No. 18,
as requested be made. The City Clerk then read the Consent
Agenda items, including resolutions and ordinances by title.
It was MOVED by Carmichael, seconded by Buchanan, that the
Consent Agenda, as read, be passed. Unanimously carried by
roll call vote. (Subsequent paragraphs preceded by an
asterisk (*) indicate items on the Consent Agenda handled
under one motion without further discussion.)
7. CURRENT STUDY SESSION ITEMS
Item No. 2 Council member Buchanan excused himself due to
possible conflict of interest. It was MOVED by Moore,
seconded by Carmichael, that staff be instructed to prepare
the proper legislation to make the transfer of property as
requested by the Greenway Foundation. Unanimously carried by
voice vote. Buchanan not voting due to possible conflict of
interest.
8. AUDIENCE PARTICIPATION
Magnolia Rentz, 1001 S. 6th Street, questioned if the City
currently has an animal control law in effect. She stated
that daily there is a pack of dogs running down 6th Street,
causing destruction to her garden. She questioned if the City
could fine the owners of the dogs and require them to pay for
the damage they cause. Council member Beauchamp stated this
same pack of dogs run loose and kills smaller dogs and are
very dangerous and something needs to be done to get the
situation under control. Maud Scott, 712 So. 6th Street, and
her daughter, Mamie Purdue, provided Council with handouts
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JUNE 5, 1984
relating to the City's junk vehicle ordinance. She indicated
this ordinance is not currently being enforced in their
neighborhood and requested some assistance from Council in its
enforcement. After a brief discussion of how the situation
might be resolved, Ms. Scott volunteered to provide Council
with a list of violators in her neighborhood.
9. HEARING ON VACATION OF EAST ARLINGTON STREET, BETWEEN SO. FIRST
STREET AND THE RAILROAD RIGHT-OF-WAY, AS REQUESTED BY WEBB TRACTOR
This being the time fixed for the hearing on the vacation of
East Arlington Street, between So. First Street and the
railroad tracks right-of-way, Walt Weeks, 417 East Chestnut,
attorney representing U -Haul and Webb Tractor, stated this is
a small piece of property which lies directly under the Webb
Tractor building which has been there for 40 or 50 years.
There being no other citizen present wishing to speak to this
issue, the public portion of the hearing was closed. It was
MOVED by Doty, seconded by Beauchamp, to concur with the
Planning Commission and staff recommendation for approval of
the vacation. Unanimously carried by voice vote.
10. HEARING ON REZONE REQUESTED BY ASSOCIATED GROCERS FOR PROPERTY
LOCATED IN THE VICINITY OF SOUTH NACHES AVENUE AND RAINIER STREET,
FROM R-3 TO M-1
This being the time fixed for the hearing on the rezone
requested by Associated Grocers, City Attorney Andrews
explained that although Items Nos. 10 and 11 are separate
legal issues, they are so closely related it would be
appropriate to conduct one hearing on both subjects; but at
the close of the hearing two separate motions should be made.
Larry Wright, Assistant Director of Community and Economic
Development, stated that Dennis Organ, a proponent of this
particular matter would like to request continuation of the
vacation portion, which would then make it a single action.
Dennis Organ, 19 No. 27th Avenue, stated he would like to
request Council continue the hearing on the alley vacation.
In response to Council member Beauchamp's question of
landscaping in the buffer area, Mr. Organ stated shrubbery
would be placed in front of the greenhouse. Council member
Buchanan questioned if it would be appropriate to complete the
area with M-1 zoning. Magnolia Rentz, 1001 So. 6th St., Rev.
Adams, representing the church on the corner of Rainier and
Naches Avenue, and Mr. and Mrs. Ben Chandler, 1008 So. Naches,
expressed their concerns regarding the rezone as well as the
alley vacation in the same vicinity. Due to the confusion
surrounding the two issues, City Manager Zais stated he did
not feel Council could reach a decision on this item today and
suggested the item be brought back to Council at a later date,
after the Planning Commission has met and made their decision
on the proposed rezone in that same area. Mr. Wright
indicated part of the confusion is stemming from the fact that
the Planning Commission will he hearing a rezone request
tonight which overlaps the area now being discussed, and
notices of public hearings were mailed to citizens residing
within 300 feet of the affected area. City Attorney Andrews
interjected that what Larry Wright has diagrammed is accurate
from a legal standpoint. He stated it would seem indefensible
to grant part of the rezone and not the other, or to treat
these applications differently. In an attempt to minimize the
confusion and to insure a legal decision will be made, he
suggested Council make a determination after the Planning
Commission meets tonight. Council member Doty questioned if
Council could hear the rest of the citizens speak on these
issues today. It was determined by Mayor Barnett that the
hearing would continue and those citizens would be allowed to
speak on these issues. Ray Hall, 209 S. 70th Avenue, and Pat
Freeman indicated they own property in the surrounding area
and their desire is that the Planning Commission consider
extending the M-1 zone to Pacific so their property would be
included in the rezone action. It was MOVED by Buchanan to
continue the hearing. The motion died due to lack of a
second. Dennis Organ stated the only opposition seems to be
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JUNE 5, 1984
that some additional lots be included. He stated they are
currently in the process of trying to purchase the lot next to
the area and until a decision is made, the sale will be held
in abeyance. Mr. Wright indicated staff has considered the
area and finds it to be very transitional. He stated the
Planning Commission initiated the second rezone in this area
after looking at the area. It was MOVED by Moore, seconded by
Buchanan, that the public portion of the hearing be closed.
Unanimously carried by voice vote. It was MOVED by
Carmichael, seconded by Buchanan, to approve the rezone as
outlined. Council member Doty requested clarification of the
area to be rezoned. Mr. Wright explained that Lots 1, 2, 3,
and 4 of Block "D" above Rainier and Lots 6, 7 and 8 of Block
"G", one lot above Mr. Chandler are the seven parcels involved
in the rezone request. The question was called for a vote on
the motion. Carried by 5-2 voice vote. Beauchamp and Doty
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voting nay.
11. HEARING ON VACATION OF A PORTION OF ALLEY LOCATED IN THE VICINITY
OF THE 900 BLOCK OF SOUTH NACHES AVENUE, REQUESTED BY ASSOCIATED
GROCERS
It was the general consensus of the Council to defer this
item, as requested by the applicant.
12. CONTINUED CONSIDERATION OF GAMBLING TAX ALTERNATIVES
Council member Beauchamp excused himself due to possible
conflict of interest regarding this issue. John Hanson,
Director of Finance & Budget, requested to know if Council has
further questions regarding this issue. There being none,
citizens were given the opportunity to address the issue.
Sister Janice Burke, 924 S. 20th Avenue, encouraged Council to
continue to exempt private schools from paying the gambling
tax. She stated she wished to encourage Council to endorse
Alternative #1. Al Falk, 5308 Webster, attorney representing
the Southeast Community Center, stated he had hoped Council
would consider the City's unique relationship with the Center
and allow them to be exempt from paying the gambling tax. He
stated if Council is not going to allow the exemption for the
Center, he would ask that they reduce the rate to 5% and
eliminate any other exemptions. Cecil Collins, Director of
the South East Community Center, 1211 S. 7th Street, stated he
feels the Council has a unique opportunity to provide services
to those who cannot afford them by allowing the Center to be
exempt from paying the gambling tax. If the exempt status is
not possible, the Center will take any reduction Council is
willing to allow in an effort to demonstrate their concern for
the poor in the area. Larry Orteig, Sports Center, stated
card rooms have been legal in the State of Washington for
eight or nine years, and since that time the State
Legislatures have not given them any increase, however,
employees have been given increases on medical aid, and now
the card rooms are in need of some relief from this tax. Gary
McGlenahan, speaking on behalf of the punchboard and punt&
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operators in the City, stated he would like to request relief
for these organizations, as well. He stated in 1982 the City
of Yakima realized $150,000 from gambling tax revenue and
questioned if the City really needed this income, or if it
could not have been put to better use in cardrooms, bingo
games, pulltabs, etc. as far as hiring more people in the
community and giving them jobs. It was MOVED by Moore,
seconded by Sparling, to adopt Alternative #4 as recommended
by the Finance Department. Council member Doty stated she
retains the idea that when bingo games are used for education,
that is a very important use. She stated she would like to
see some relief for the purposes that Mr. Ortieg outlined, but
is not sure we need to go from 20% to 5%. She suggested that
perhaps we could reduce by half the tax that the South East
Center pays. Council member Buchanan stated he would like to
speak to Alternative #4 as it does not mention exemptions for
schools or card room tax. He stated he is not in favor of a
reduction in card room tax from 20% to 5%. He stated he is
JUNE 5, 1984 305
satisfied with taxes on gambling as this is something people
do if they wish to. Mayor Barnett requested clarification of
the motion made by Council member Moore. Council member Moore
stated his motion was to eliminate all exemptions and have a
flat 5% tax on gambling devices with the exemption of
amusement devices, on which there is a higher and separate
tax. City Manager Zais stated this should be treated as a
separate motion after the decision is made, and requested
Council to instruct staff as to the effective date of this
action. Council member Doty stated the PTA had requested she
let them know when this it would be on the agenda again so
they would have an opportunity to speak. Council member
Carmichael stated she would be voting against the motion as
she has not seen any justification to alter the manner in
which the gambling tax is being handled in Yakima. She added
the State Legislature was responsible for setting the 20%
limit on the card rooms. She suggested Alternative No. 6,
which is to leave the gambling tax as is. The question was
called for a vote on the motion. It was MQJED by Doty to table
this item. Mayor Barnett ruled the Motion out of order
because the question had been called for a vote on the motion.
Failed by 3 -3 voice vote. Buchanan, Carmichael and Doty
voting nay. Beauchamp not voting due to a possible conflict
of interest. It was MOVED by Doty, seconded by Moore, to
table the agenda item indefinitely. Unanimously carried by
voice vote. Beauchamp not voting due to possible conflict of
interest.
13. RECONSIDERATION OF TABLED REQUESTS FOR HOUSING REHABILITATION
OUTSIDE THE CDBG AREA (Continued from 5/15/84)
This item was removed from the agenda at the request of
Council member Carmichael because it was inappropriately
placed on the agenda.
*14. CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
WITH YAKIMA COUNTY RE ELDERLY HOUSING REPAIR PROGRAM
RESOLUTION NO. D -4958, A RESOLUTION authorizing the execution
of a contract with Yakima County for administering a home
repair program for elderly people.
*15. CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF A
PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR THE GLEED WATER
SYSTEM DESIGN
RESOLUTION NO. D-4959, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute an agreement with CH2M -Hill Engineers, Inc. for
professional services.
*16. CONSIDERATION OF A RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR
ARCHITECTURAL SERVICES FOR TAHOMA CEMETERY MAINTENANCE AND OFFICE
FACILITY
RESOLUTION NO. D -4960, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute an
agreement with Loofburrow Hollingbery Associates, for
professional architectural services. -
*17. CONSIDERATION OF A RESOLUTION AUTHORIZING AN EMERGENCY PURCHASE OF
FIRE ALARM RECEIVER EQUIPMENT
RESOLUTION NO. D -4961, A RESOLUTION authorizing the purchase
of an alarm signal receiver without calling for bids.
*18. CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF A FIRE
FIGHTING TRAINING EXERCISE AGREEMENT
RESOLUTION NO. D -4962, A RESOLUTION authorizing a fire
training exercise agreement.
3O6 JUNE 5, 1984
19. CONSIDERATION OF A RESOLUTION CALLING FOR A SPECIAL ELECTION FOR A
ONE -YEAR TAX LEVY FOR LIONS POOL REHABILITATION
Resolution No. D -4963, having been read by title, it was MOVED
by Moore, seconded by Sparling, that the Resolution be
adopted. Council member Carmichael stated she voted against
this on April 3rd and does not feel it is a question of
whether the people want the pool finished. She stated this
could be funded by Councilmatic bonds. Council member Moore
stated if the people want this, they will make a commitment
and vote for it. Council member Doty pointed out there are
_ going to be several levies and ballot issues, and it takes a
lot of effort to educate the public. She indicated it is
unfair to expect the Parks Commission to devote much time to
this issue. Council member Beauchamp stated he agrees with
Council member Carmichael and Doty in the fact that the
community has expressed a desire to have this facility
operational and stated he feels Councilmatic bonds would be a
better way to fund the project rather than a levy. Council
member Sparling stated the public has made it obvious they
wish to have the facility in operation and it is his belief
they should be given the opportunity to vote on the issue. He
also indicated that the School District should be responsible
for a portion of the maintenance of the facility. The
question was called for a vote on the motion. Carried by 4 -3
roll call vote. Beauchamp, Carmichael, and Doty voting nay.
RESOLUTION NO. D -4963, A RESOLUTION of the City Council of the
City of Yakima, Washington, providing for the submission to
the qualified electors of the City at a special election to be
held therein on September 18, 1984, of a proposition of
whether or not the City should levy an excess tax of
approximately $0.30 per $1,000 of assessed value to provide
$380,000 to pay the cost of making certain improvements to the
Lions Swimming Pool.
*20. APPROVAL OF OUT -OF -STATE TRAVEL FOR RICHARD ANDRING, FIRE
DEPARTMENT, TO EMMITSBURG, MD TO ATTEND EMERGENCY MEDICAL SERVICES
COURSE
The out -of -state travel for Richard Andring, Fire Department
to attend an emergency medical services course in Emmitsburg,
MD, July 29 to August 11, 1984, at a cost of $132, was
approved.
21. SET DATE OF HEARINGS FOR JUNE 26, 1984
*a. Six Year Transportation Improvement Program for 1985 through
1990.
RESOLUTION NO. D -4964, A RESOLUTION, fixing the time and place
for hearing on a Six Year Transportation Improvement Program
for the period of 1985 through 1990.
b. Final Assessment Roll for L.I.D. No. 1034, Zier Road Sewer
District.
City Clerk Roberts explained that the date of June 26 would
not allow sufficient time to give proper notice to the
property owners. It was MOVED by Doty, seconded by Sparling,
to change the date of the hearing from June 26th to July 3rd
in order to meet all of the legal advertising requirements.
Unanimously carried by voice vote.
22. CONSIDERATION OF AN ORDINANCE AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN FOR CERTAIN CITY EMPLOYEES
Council member Sparling questioned if the City could save
money by eliminating the position of Code Manager, and place
that responsibility under the Fire Chief. City Manager Zais
explained that the whole issue was a major discussion in 1979
and 1980 which resulted in the transfer of that entire
function of code enforcement responsibilities fran the Fire
JUNE 5, 1984 307
Department, centralizing fire inspection with building
inspections. He indicated this issue is still in litigation
and perhaps would be more appropriately discussed in Executive
Session. Council member Moore stated he does not feel the
City is receiving the type of fire inspections we should have
under the present structure. He stated he feels strongly that
the fire inspection functions should be placed under the Fire
Department. He indicated he is opposed to paying the increase
in salary for the Code Manager. Mayor Barnett stated he has
reservations about the amount of increase in salary for the
Code Manager, and cannot support this. (Council member Moore
absent after 5:18 p.m.) Ordinance No. 2775, having been read
by title only, it was MOVED by Buchanan, seconded by
Beauchamp, that the Ordinance be passed. After further
discussion, City Manager Zais indicated there are essentially
two separate issues being discussed here. He stated he is not
opposed to an adjustment in the proposed salary of the Code
Manager. The, question was called for a vote on the motion.
Failed by 3 -3 voice vote. Barnett, Doty and Sparling voting
`nay. Moore absent. It was MOVED by Doty, seconded by
Sparling, that the Ordinance be amended and the contract with
the consultant be negotiated, that we work with the Wastewater
_ Treatment Plant Superintendent position and let the Code
Manager position be placed on hold until we receive a ruling
from the court case that is pending. The question was called
for a vote on the motion. Carried by 4 -2 voice vote.
Buchanan and Carmichael voting nay. Moore absent. It was
MOVED by Sparling, seconded by Doty, to approve the amended
Ordinance. The question was called for a vote on the motion.
Carried by 4 -2 roll call vote. Buchanan and Carmichael voting
nay. Moore absent.
*23. CONSIDERATION OF AN ORDINANCE REPEALING THE DANGEROUS BUILDING
REPAIR AND DEMOLITION FUND
ORDINANCE NO. 2776, AN ORDINANCE relating to City funds and
accounts; repealing Chapter 3.76, and the various sections
thereof, of the City of Yakima Municipal Code which created a
special Dangerous Repair and Demolition Fund; and disposing of
any money balance in that fund.
*24. CONSIDERATION OF AN ORDINANCE AMENDING THE 1984 BUDGET (First
Reading)
An Ordinance amending the 1984 budget for the City of Yakima,
and making an appropriation in the 477 - Domestic Water
Improvement Fund for expenditure during 1984, having been read
by title only at this meeting, was laid on the table for two
weeks or until June 19, 1984.
*25. CONSIDERATION OF AN ORDINANCE AMENDING THE 1984 BUDGET AND
APPROPRIATING FUNDS FOR THE WEED ABATEMENT PROGRAM (Second Reading)
AN ORDINANCE amending the 1984 budget for the City of Yakima;
and making an appropriation in the 000 - General Fund, having
been read by title only at the previous meeting, was brought
before the Council for a second reading.
ORDINANCE NO. 2777, AN ORDINANCE amending the 1984 budget for
the City of Yakima; and making an appropriation in the
000- General Fund for expenditure during 1984.
26. OTHER BUSINESS
Information Items
Items of information supplied to Council were: correspondence
to and from Department of Ecology regarding grant application
for fish facilities on Naches River 5/18/84 & 5/25/84; letter
from State Dept. of General Administration re: new office
site for Dept. of Social & Health Services 5/24/84; article
from 5/14/84 Nation's Cities Weekly, "FTC Votes to Take
Antitrust Action Against 2 Cities on Taxi Regulations.";
308 JUNE 5, 1984
Yakima Transit Monthly Operations Reports for April 1984;
letter from Living Care Community re: Appreciation for
efforts of Dial-A-Ride Staff; monthly report of Chief of
Police for April 1984; minutes of 5/1/84 Planning Commission
meeting; and minutes of 5/23/84 Yakima Center Advisory
Commission Special Meeting.
27. ADJOURNMENT
There being no further business to come before the Council, it
was MOVED by Buchanan, seconded by Carmichael, that this
meeting be adjourned at the hour of 5:-35 p.m. Carried by 4-2
voice vote. Beauchamp and Doty voting nay. Moore absent.
READ AND CERTIFIED ACCURATE BY DATE
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itoUNCIL , a7aER d or
ATTEST:
CITY CLERK MAYOR
JUNE 12, 1984
There being no quorum present, the City Clerk announced that the
regularly scheduled Council meeting will not be held.
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