HomeMy WebLinkAbout06/01/1982 Study Session 18R
JUNE 1, 1982
STUDY SESSION
The City Council met in session on this date at 1:30 p.m. in the Council
Chambers of City Hall, Yakima,, Washington. Council members present were
Acting Mayor Lynn Buchanan, Clarence Barnett, Shirley Doty, W. K. "Pete"
Moore and Jack Sparling. Mayor Lynn Carmichael present after 1:55 p.m.
Council member Henry Beauchamp absent.
1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
None.
2. REPORT RE: YAKIMA VALLEY DISPOSAL PROPOSAL FOR COMMERCIAL BIN
SERVICE FROM CITY COUNCIL COMMITTEE
Council member Barnett, being a member of the Council Coom
mittee, requested that Council follow the recommendation of
the Council Committee to consider the proposed ordinance
amendments and set a date of hearing. It was MOVED by Moore,
seconded by Doty to move Item No. 2 to Item No. 9-A on the
regular agenda to take proper action at that time. Unan-
imously carried by voice vote. Beauchamp and Carmichael
absent.
3. REPORT RE: 1982 MID-YEAR BUDGET EXPENDITURE REDUCTIONS
Council members discussed the proposed budget expenditure
reductions, questioning proposed cuts in the public safety
budgets. Discussion also occurred on the Fire Master Plan.
(Mayor Carmichael present after 1:55 p.m.) Council member
Buchanan stated he would prefer to see cuts in other depart-
ments, such as those discussed at budget time, be made rather
than in police and fire departments. City Manager Zais com-
mented about the Fire Department cut-backs and the manning of
the fire response vehicles. It was the general consensus of
the Council to move this to Item No. 9-B on the regular
agenda.
4. EXECUTIVE SESSION
It was MOVED by Budhanan, seconded by Barnett to move into
Executive Session for the purpose of discussing pending and
prospective litigation. Unanimously carried by voice vote.
Beauchamp absent.
5. ROLL CALL
At 3:00 p.m., the Council members commenced the regular meet
ing, Mayor Carmichael presiding, Council members Barnett,
Budhanan, Doty, Moore and Sparling and City Manager Zais and
City Attorney Andrews present on roll call. Council member
Beauchamp absent and excused.
6. INVOCATION
II/
The Invocation was given by City Attorney Andrews.
7. CONSENT AGENDA
Mayor Carmichael referred to the items placed on the Consent
Agenda, questioning whether there were any additions or dele-
tions from either Council members or citizens present. Coun-
cil member Buchanan requested that Item No. 32 be removed from
the Consent Agenda. It was the general consensus of the
Council that the deletion of Item No. 32, as requested, be
made. It was MOVED by Budhanan, seconded by Barnett that the
Consent Agenda, as read, be passed. Unanimously carried by
roll call vote. Beauchamp absent. (Subsequent paragraphs
preceded by an asterisk (*) indicate its on the Consent
Agenda handled under one motion without further discussion.)
Council member Doty requested that an oral report fram the
advisory task force on Southeast Center be given under Other
Business and that it be considered out of sequence on the
JUNE 1, 1982 183
Agenda just before Item No. 13. It was the general consensus
of the Council to consider this it out of sequence on the
agenda.
*8. MINUTES
The Council minutes of May 18 and 25, 1982, were approved,
having been duly certified accurate by two Council members and
no one present wishing to have said minutes read pdblicly.
9. CURRENT STUDY SESSION ITEMS
A. ITEM NO. 2
II/ It was MOVED by Moore, seconded by Doty to accept the rec-
ommendation of the Committee as outlined and ask staff to
prepare the proper legislation to implement the recommenda-
tion. Mary Hersey, Business Representative for AFSCME Union
Local 1122, disagreed with the report of the Committee. She
stated they did net with the Union About this. She commented
that the citizens of the City will not be served by this
action and the revenue this brings in needs to be maintained.
The question was called for the vote on the Motion. Unan-
imously carried by voice vote. Beauchamp absent. It was
MOVED by Moore, seconded by Doty to set July 13, 1982 as the
date of the public hearing. Unanimously carried by voice
vote. Beaudhamp absent.
B. ITEM NO. 3
It was MOVED by Sparling, seconded by Buchanan to accept the
recommendation and report of the City Manager and authorize
the proposed budget reductions. Council member Doty stated
she will vote against the Motion because she has concerns
about reductions in the fire fighting service and the elim-
ination of the Graphics Technician position. Mayor Carmidhael
stated she will vote against the Motion based on the same
reasons given by Council member Doty. Mary Hersey, Business
Representative for AFSCME Union Local 1122, spoke against the
elimination of the Graphics Technician position. She stated
the Union has a clause against the City contracting out ser-
vices currently provided by its employees and the Union will
be watching the City to see that is done with this work.
Council member Moore suggested delaying this for one week to
spend some time to came up with other items. It was MOVED by
Moore, seconded by Doty to table this for one week. Unan-
imously carried by voice vote. Beauchamp absent.
City Manager Zais commented that Item No. 13 has a bearing of
interest on this as well.
10. AUDIENCE PARTICIPATION
II/ None
11. SPECIAL MEETING RE: REQUEST FOR OUTSIDE UTILITY SERVICE AT 48TH
AND NOB HILL BOULEVARD FOR SEER
This being the time fixed for the special meeting regarding a
request for an outside utility agreement for sewer at 48th
Avenue and Nab Hill Boulevard, Council member Moore asked
about the County Code covering the restaurant and video games.
Larry Wright, Planning Manager, responded that the video
portion of the facility would be an ancilliary use. He com-
mented that the Planning Commission did recommend approval of
the entire application. Council member Doty inquired about
the fence situation. Mr. Wright stated that this has been
discussed with the applicant and a landscaped area and a three
foot fence has been recommended as a solution. Council member
Doty expressed her concern about the exits from the basement,
questioning if it is adequate. Dave Franklin, ardhitect with
Knipper Dunn Ardhitects, stated that the exits meet City and
County Code requirements. He stated they may move one of the
19 0 JUNE 1, 1982
entrances to the north side. Mike Hoff, partner in this
venture, spoke in support of granting this request. He gave
some information on the type of restaurant operation this will
be. He commented that they have prelinEnary approval from the
County for a septic tank, but prefer to connect to the City
sewer. It was MOVED by Moore, seconded by Sparling that sewer
service be granted for this facility. Carried by 4-1 voice
vote. Doty voting nay. Carmichael abstaining from voting.
Beauchamp absent.
12. HEARING ON ROBERT KELTRTT/McCORMICK FLORAL REZONE REQUEST
This being the tine fixed for the hearing on the Robert Kel-
lett/ McCormick Floral rezone request, Larry Wright, Planning
Manager, explained the procedures the Planning Commission
follows when an item is remanded to them from the City Coun-
cil. He stated that the Planning Commission chose to refer
this back to the Council for a final dispensation with their
previous recommendation. Discussion followed regarding the
instructions Council had given regarding an amendment to the
zoning code to allow this occupany on this property. Council
member Barnett stated that he listened to the tape of the
hearing held on April 6, 1982 and read the material provided
to Council. He gave the definition of "florist" from Web-
ster's Dictionary and based on that, stated it should be
considered permissible in a B-2 zone. Council member Doty
expressed her concern about approving the B-2 zoning. Mayor
Carmichael asked if Council member Sparling had had an oppor-
tunity to listen to the tape of the hearing and he replied
that he did not. Charles Countryman, attorney representing
Robert Kellett, spoke in support of approving the rezone. He
gave suggestions on how to amend the zoning ordinance. Bur -
neice Ziska, 28 Chicago Avenue, spoke against the rezone
request, stating that most of the area is residential. Gordon
Wbnder, 718 N. 56th Avenue, spoke in support of rezoning the
property. He stated the Planned Development Zone is too
restrictive and the property would be more valuable zoned B-2.
It was MOVED by Moore, seconded by Buchanan to approve the
rezone request to B-2 and request staff to prepare the legisla-
tion. Council member Barnett voted in favor of the Motion,
stating that the B-2 zone is appropriate since Mr. Kellett is
in the florist business, raising flowers in a nursery or
greenhouse. Council member Budianan voted in favor of the
Motion, stating that a B-2 zone is the proper description for
that business that has been in place for many years. Mayor
Carmichael stated she will vote against the Motion, stating
the desire of the owner can be accomplished through the pro-
perty's present designation and it is important to ensure the
use of the property in the future. Council member Doty stated
she will vote against the Motion, concurring with the Planning
ComarEssion's Findings. Council member Moore stated he will
vote in favor of the Motion. He stated the owners are en-
titled to some flexibility with their property. The Motion
carried by 3-2 roll call vote. Carmichael and Doty voting
nay. Sperling abstaining from voting. Beauchamp absent.
Larry Wright clarified the procedure of the Planning Com-
II/
mission when an item has been remanded to the Planning Com-
mission by the Council. He stated he would like to dis-
continue the policy of notifying the public When it is first
remanded to the Planning Commission, when it is not a public
hearing. It was the general consensus of the Council to have
staff submit this request in writing.
33. OTHER BUSINESS
A. REPORT FROM TASK FORCE ON SOUTHEAST CENTER
Council member Doty gave a brief report on the neetings of the
Task Force. She stated that some suggestions were made to the
Solitheast Center and the Board has indicated they will con-
sider some of these suggestions. She stated the City is not
trying to take over the Southeast Center building for other
uses. She stated the Task Force wants to help the Board of
Directors make the Community Center a viable force in the
JUNE 1, 1982 181
community. She stated the recommendation to the Council is to
ask the Southeast Board members to respond to the Council in
writing in a 60 day time frame. It was the general consensus
of the Council to accept the 60 day response time frame.
Bruce Smith, Acting Executive Director of the Community Center
stated they plan to go over the recommendations at their meet-
ing on the 26th of this month.
It was the general consensus of the Council to consider Item
No. 30 at this time.
30. AN ORDINANCE APPROPRIATING FUNDS FOR TOURIST PROMOTION (SECOND
READING)
II/ Council member Barnett stated that he would be willing to vote
for this ordinance so that the intent of the majority of the
'Council can be effectuated. Ordinance No. 2615, having been
previously read by title only, it was MOVED by Doty, seconded
by Buchanan that the ordinance be passed. Bill Hiatt, 307 So.
50th Avenue, reported that the $5,000 donations from the
private sector has almost been met. The question was called
for the vote on the Mbtion. Carried by 5-1 roll call vote.
Moore voting nay. Beauchamp absent.
ORDINANCE NO. 2615, AN ORDINANCE mending the 1982 Budget for
the City of Yakima and appropriating the amount of $5,000
within 170-Tourist Promotion Fund for expenditure during the
year 1982.
13. REPORT ON AIRPORT CAPITAL FUND FINANCIAL STATUS
The Council members discussed the feasibility of transferring
the 1982 FRS funds from the 461 Airport Operations Fund.
Larry Wittenberg, Assistant City Manager responded to Coun-
cil's questions regarding current and proposed airport capital
improvement projects. Following discussion, it was MOVED by
Doty, seconded by Moore to retract the $37,000 from the 1982
FRS Funds and take it out of Fund 461 Airport Operations and
reallocate the $37,000 to the General Fund. Failed by 2-4
voice vote. Barnett, Budhanan, Carmichael and Sparling voting
nay. Beauchamp absent. It was the general consensus of the
Council to accept the report.
14. SUPPLEMENTAL REPORT RMARDING GREENWAY PROPOSALS
It was MOVED by Mbore, seconded by Budhanan to table Item No.
14 for three weeks, June 22, 1982. Unanimously carried by
voice vote. Beauchamp absent.
15. REPORT RE: SELECTION OF FIRE MASTER PLAN TECHNICAL ADVISORY COM-
MITTEE
It was MOVED by Mbore, seconded by Barnett to approve the
report and make the appointments as presented. Unanimously
carried by voice vote. Beauchamp absent.
16. REPORT FROM FINANCE RE: WASTEWATER CONSTRUCTION FUND FINANCIAL
STATUS
Don Horan, Director of Finance & Budget, was available to
respond to Council's questions. He commented that he could
save money by doing this now and combining the water bond
issue with this. City Manager Zais commented that it may take
another trip back East to talk with the bond rating firm. It
was MOVED by Barnett, seconded by Sparling to accept the
report and authorize the Department of Finance to proceed with
the bonding, as outlined. Unanimously carried by voice vote.
Beauchamp absent.
192 JUNE 1, 1982
*17. MEMORANDUM OF UNDERSTANDING WITH YAKCAN ODUNTY PUBLIC CORPORATION
RE: INDUSTRIAL REVENUE BONDS (Continued from 5/18/82)
RESOLUTION NO. D-4667, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute a Memorandum of Understanding with the Yakima County
Public Corporation.
*18. REPORT FROM FIRE DEPARTMENT RE: MUTUAL AID CALLS
The report was accepted.
*19. GRANT INCREASE REQUEST FOR CONTRACT 6, WASTEWATER TREATMENT PLANT
PROJECT
RESOLUTION NO. D-4668, A RESOLUTION authorizing the appli-
cation by the City of Yakima for a grant increase for Phase I
construction of the Yakima Wastewater Project.
*20. FUNDING AGREEMENT RE: COOPERATIVE GARDEN VENTURE
RESOLUTION NO. D-4669, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute a Cooperative Family Victory Garden Agreement with The
Yakima Valley Welfare Rights Organization.
*21. AGREEMENT WITH SERVICE PROVIDERS DOR HANDICAPPED TRANSPORTATION
SERVICES
RESOLUTION NO. D A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute Transportation Service Agreements with Diamond Cab
Company, Yakima Valley Transportation-Elderly & Handicapped,
and Alpine Taxi Company.
*22. DESIGNATE THE CITY'S BROKER/CONSULTANT OF RECORD FOR LIFE AND
HEALTH INSURANCE BENEFITS
RESOLUTION NO. D-4671, A RESOLUTION designating Ray Duerre and
Associates as the City's broker for life and health insurance
programs.
*23. PROFESSIONAL SERVICES AGREEMENT WITH DAN FESSLER, ATTORNEY AT LAW
RESOLUTION NO. D-4672, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute an agreenent with Louis Daniel Fessler for pro-
fessional legal services.
*24. AGREEMENT WITH ACKERLEY AIRPORT ADVERTISING, INC.
RESOLUTION NO. D A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute an Advertising Management Agreement with Ackerley
Airport Advertising, Inc.
*25. DISPOSITION OF DAMAGE CLAIMS
A. PAY DAMAGE CLAIM FOR VEHICLE DAMAGES CAUSED BY REFUSE CREW
RESOLUTION NO. D-4670, A RESOLUTION authorizing the payment of
$82.38 to Mrs. Dallis J. Herd in settlement of a claim for
damages filed with the City of Yakima.
B. PAY DAMAGE CLAIM FOR SEWER BACKUP
RESOLUTION NO. D-4675, A RESOLUTION authorizing the payment of
$106.33 to Alexander Soos in settlement of a claim for damages
filed with the City of Yakima.
JUNE 1, 1982 193
*26. APPROVAL CF FINAL CONTRACT PAYMENT FOR SOUTHEAST CITY PARK WADING
POOL
The report of the Director of Engineering and Utilities dated
5/14/82 with respect to the completion of the work on the
Southeast City Park Wading Pool contract, performed by Central
Concrete and Utilities, was approved, the work accepted and
paymenL of the final estimates as therein set forth was autho-
rized.
*27. APPROVAL OF FINAL CONTRACT PAYMENT DOR NCB HILL BLVD. & 28TH AVENUE
RELIEF SEWER
II/ The report of the Director of Engineering and Utilities dated
5/18/82 with respect to the completion of the work on the 28th
Avenue and Nob Hill Blvd. Relief Sewer contract, performed by
Central Concrete and Utilities, was approved, the work ac-
cepted and payment of the final estimates as therein set forth
was authorized.
*29. FINAL CONTRACT PAYMENT FOR SOUTH FIRST STREET REHABILITATION AND
OVERLAY
The report of the Director of Engineering and Utilities, dated
-5/26/82 with respect to the completion of the South First
Street Rehabilitation and Overlay contract, performed by
Yakima Asphalt Paving, was approved, the work accepted and
payment of the final estimates as therein set forth was autho-
rized.
*31. AN ORDINANCE APPROPRIATING FUNDS FOR EQUIPMENT AND TERMINALS FOR
THE DATA COMMUNICATIONS PROGRAM (First Reading)
An Ordinance appropriating funds for equipment and terminals
for the Data Communications Program, having been read by title
only at this meeting, was laid on the table for one week or
until June 8, 1982.
32. AN ORDINANCE AMENDING THE MUNICIPAL CODE RE FIREWORKS
Ordinance No. 2616 having been read by title, it was MOVED by
Doty, seconded by Moore that the ordinance be passed. Several
Council members expressed concern about increasing the fee
with sudh short notice. Lou Roederer, Code Manager, reported
on the dhange in the State Law, Which allows for the sale of
"common" fireworks and permits a license fee up to $100.
Council member Buchanan pointed out an error in Section 10 of
the proposed ordinance Where it appears the word "not" has
been left out. It was MOVED by Sparling, seconded by Moore to
amend the Motion to dhange the fee from $50 to $25 and make
the correction in Section 10 to include "not". Failed by 4-2
II/ voice vote. Barnett, Buchanan, Carmichael and Doty voting
nay. Beaudhamp absent. It was MOVED by Sparling, seconded by
Buchanan not to raise the fee, but put it in next year's
budget and make the correction in Section 10. Carried by 4-2
voice vote. Carmichael and Doty voting nay. Beauchamp ab-
sent. Lou Roederer commented that the distributors won't
segregate the different type of fireworks. He read the letter
from the State Fire Marshal regarding the new fireworks law.
City Attorney Andrews commented that the probability is that
if Council does not amend the ordinance to comply with State
Statute, the existing ordinance will be invalid and unen-
forceable. (Council member Barnett absent after 5:55 p.m.)
It was MOVED by Doty, seconded by Sparling to reconsider the
ordinance. Unanimously carried by voice vote. Barnett and
Beaudhamp absent. It was MOVED by Doty, seconded by Moore to
pass the Ordinance, as amended in Section 10 and fix the fee
at $17.50. Unanimously carried by voice vote. Barnett and
Beauchamp absent. Ordinance No. 2616 having been read by
title, it was MOVED by Moore, seconded by Doty to pass the
ordinance, as amended. Unanimously carried by roll call vote.
Barnett and Beaudhamp absent.
9!
JUNE 1, 1982
33. OTHER BUSINESS
ITEMS OF INFORMATION
Items of information supplied to Council were: memo from
Cable Communications Coordinator re: Rate Increase Infor-
mation from Yakima Valley Cablevision. 5/20/82; letter from
HUD re Certificate of Approval authorizing Housing Services to
provide comprehensive counseling services. 5/11/82; letters
from City Manager to Department of Emergency Services re
FEMA -623DR Washington, 'Wastewater Treatment Plant DSR Amend-
ments and Appeal. 5/18/82 & 5/27/82; letter to Mr. Edwin Serr
from Traffic Engineer re 56th /Lincoln. 5/14/82; minutes of
Planning Commission meeting of May 4, 1982; memo from Transit
Manager re Bid Award, 1982 Revised Handicapped Program.
5/18/82; current construction projects - May, 1982; monthly
report from Streets and Sewer projects for May, 1982; memo to
Utility Rate Advisory Board from Director of Engineering and
Utilities re: Water Rate Structure Concerns. 5/24/82; memo
from Community Programming Advisory Committee re: Articles re
Community Access Television. 5/21/82; minutes of April 22,
1982 Community Programming Advisory Committee meeting; minutes
of May • 6, 1982 Community Programming Advisory Committee meet-
ing; memo from Planning Manager re: Visit to Yakima by the
City's legal counsel on Rattlesnake Project. 5/26/82; memo
from Supervising Traffic Engineer re: Gilbert School.
5/24/82; minutes of City of Yakima Civil Service Commission's
May 6, 1982 meeting; Council Calendar for June, 1982; and
monthly report to the City Manager from the Yakima Air Ter-
minal for April, 1982.
34. ADJOURNMENT
There being no further business to cane before the Council, it
was MOVED by Moore, seconded by Doty that this meeting be
adjourned at the hour of 6:00 p.m. Unanimously carried by
voice vote. Barnett and Beaucthamp absent.
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