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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, II/ 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 303 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 304 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 II/ 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& II/ 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 e, CIL tiM111111:ER DATE P 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. 1