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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. a tierl- READ AND CERTIFIED ACCURATE BY / DATE OQUN L J MEMBER �2 ' �� DATE 1 "/ 'c L } ODUNCIL MEMBER ATTEST: CITY : PRK r MAYOR