HomeMy WebLinkAbout06/22/1982 Study Session 202
JUNE 22, 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
Mayor Lynn Carmidiael, Clarence Barnett, Henry Beauchamp, Shirley Doty
and W. K. "Pete" Moore. Council member Lynn Buchanan present after 1:50
p.m. Council member Jack Sparling absent.
1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council member Barnett requested that staff initiate a pro-
cedure to call the Council members when mail for than has been
delivered to City Hall. Council member Doty voiced that same
concern and stated that staff can open her mail to see if
there is dated material involved which would need some re-
sponse prior to the delivery of the Council packet. It was
the general consensus of the Council miters to initiate a
procedure whereby staff would check Council's mail for dated
material and advise Council members, as appropriate.
Council member Doty expressed concern about a new business
called "Do It Yourself Wood Stove Store". She spoke about the
higher fire hazard involved in wood stoves installed by a
non-professional and asked if pamphlets on safe installation
of wocd stoves could be distributed to the dealers for distri-
bution to the custcaer. City Manager Zais stated he did not
see any problems with putting literature out in the bus-
inesses.
City Manager Zais introduced Dave Rhodes, the new Public Works
Director.
Referring to a memo regarding requests for funding for a
nutrition program included in the Information Items, Council
member Beauchanp inquired if additional information is avail-
able. It was the general consensus of the Council to make the
report from the Parks Director Item No. 2-C.
2. REPORTS FROM PARKS AND RECREATION DEPARTMENT
A. WASHINGTON POOL
Ed Carroll, Acting Parks Director, gave some background infor-
mation on the preliminary work done on the contract between
the City and the YMCA whereby the YMCA would operate Wash-
ington Pool. (Council member Buchanan present after 1:50
p.m.) Council member Beaudhamp expressed his disappointment
that Washington Pool was closed and that Council had not
deferred this item until his return, knowing this subject was
of particular interest to him. He urged Council to reconsider
this decision. Don Horan, Director of Finance & Budget, and
011ie Nelson, YMCA Director, responded to Council member
Barnett's question regarding insurance coverage. City Manager
Zais stated that if Council decides to accept the offer of the
"Y", it would take some time to formalize its adoption, how-
ever, staff would want to on the pool immediately rather
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than wait for the formal agreement. Mr. Nelson introduced
Otis Harlan, President of the Board of Directors of the YMCA.
Following discussion regarding the offer of the "Y" to con-
tract to operate Washington Pool, it was MOVED by Doty, sec-
onded by Buchanan to move Item No. 2-A to Item No. 8-A on the
agenda to be handled during the business meting. Unanimously
carried by voice vote. Sparling absent.
B. SOUTHEAST RECREATION PROGRAMS
Ed Carroll, Acting Director of Parks & Recreation, stated that
the savings for eliminating the recreation leader position for
the last six months of this year would be approximately
$3,900. He reviewed the information given in the report and
spoke about the Union contract and Civil Service provisions
involved in terminating this employee. Discussion occurred
regarding the participants and volunteer helpers of this
program. It was MOVED by Moore, seconded by Barnett to move
this item to No. 8-B on the business agenda. Unanimously
carried by voice vote. Sparling absent.
JUNE 22, 1982 203
C. SUMMER NUTRITION PROGRAM
Ed Carroll, Acting Director of Parks & Recreation, reported
the City was requested to participate in a sunnier nutrition
program at the Southeast Community Center. Due to changes in
USDA regulations, the Southeast Community Center was seeking a
qualified sponsor for the program. He stated he requested
some budgetary information about the program from SECC. Staff
projected a budget for an 8 hour operation, at a $2,000 loss.
He stated that with a 6 hour operation a $1,300 loss was
projected. He reported that the Southeast Community Center
Board wrote a letter stating they would underwrite any loss.
He reported that the Park Commission expressed sane concerns
about the financial status of the Southeast Center. He stated
that after doing some investigation on alternatives, he found
that the Yakima County Extension Agency could serve as sponsor
for this program. He stated he is willing to invest sane
II/ staff time to putting a program together, but a policy decis-
ion is needed at this time. Bruce Smith, Director of the
Southeast Community Center, detailed the cthanges in the USDA
regulations, resulting in the fact that his non-profit organ-
ization would no longer be eligible to receive funds directly
from the USDA. Council members expressed concern that not
enough informetionhad been compiled on which to base a decis-
ion. No action was taken at this time.
- 3. EXECUTIVE SESSION
It was MOVED by Doty, seconded by Buchanan to move into Execu-
tive Session for the purpose of discussing collective bargain-
ing and prospective litigation. Unanimously carried by voice
vote. Sparling absent.
BUSINESS MEETING
4. ROLL CALL
At 3:00 p.m., the Council members commenced the regular meet-
ing, Mayor Carmichael presiding, Council members Barnett,
Beauchamp, Buchanan, Doty, and Moore and City Manager Zais and
City Attorney Andrews present on roll call. Sperling absent
and excused.
5. INVOCATION
The Invocation was given by Council member Buchanan.
6. 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 Barnett requested that Item No. 11 be added, how-
ever, Mayor Carmichael stated she would like to discuss it.
Mayor Carmidhael requested that Item No. 12 be removed from
the Consent Agenda. Council member Moore requested that Item No. Nb. 26 be added to the consent Agenda and Council member Doty
requested that Item No. 16 be removed from the Consent Agenda.
The Acting City Clerk then read the Consent Agenda items,
including resolutions and ordinances by title. It was MOVED
by Budhanan, seconded by Beauchamp that the Consent Agenda, as
read, be passed. Unanimously carried by voice vote. Sparling
Absent. (Subsequent paragraphs preceded by an asterisk (*)
indicate items on the Consent Agenda handled under one notion
without further discussion.)
*7. MINUTES
The Council minutes of June 1 and 8, 1982 were approved,
having been certified accurate by two Council members and no
one present wishing to have said minutes read pdblicly.
20L JUNE 22, 1982
8. CURRENT STUDY SESSION ITEMS
A. ITEM 2-A
Those citizens present and speaking against the closure of
Washington Pool were Bruce Smith, 701 S. 48th Ave.; Pat Atta-
way, 115 S. 9th St.; Doug Peters, attorney representing a
group of approximately 20 citizens; Chuck Potello, Rt. 3, Box
693; Johnny Rance, 812 S. 8th St.; Kathy Gallegos, 803 S. 7th
St.; Roy Pleasant, 1202 Fair Ave.; and Rev. Adams, 512 S.
Naches Ave; expressing their concerns that this action is
unfair to the citizens in that area of town and the operation
of Washington Pool is the City's responsibility. It was MOVED
by Beauchamp to reconsider Council's action and on Washing-
ton Pool. Mayor Carmichael requested clarification on a point
of order and City Attorney Andrews stated that a motion for
reconsideration must cane from a Council member voting on the
prevailing side of the original motion. It was MOVED by Doty,
seconded by Moore to instruct staff to prepare a service
contract to operate Washington Pool; the participants to be
the City of Yakima and the YMCA. Carried by 5-1 voice vote.
Beauchamp voting nay. Sparling absent. Council member Bar-
nett explained he voted for the Motion, but he would prefer
that Washington Pool remain open.
B. ITEM 2-B
Those citizens present wishing to speak in favor of retaining
the position of recreation leader at Washington Park were Roy
Pleasant, 1202 Fair; Kathy Gallegos, 803 S. 7th St.; and
Jessilyn Intlite, 6608 Appleview Way. Following discussion, it
was MWED by Moore, seconded by Barnett to fund and maintain
this position. Carried by 4-1 voice vote. Doty voting nay.
Carmichael not voting. Sparling absent.
9. AUDIENCE PARTICIPATION
Larry Mathews, representing his son Who is out of the state,
stated that several Pleasant Avenue residents are looking for
help to prevent a farmwotkers housing project from locating in
their neighborhood. He reported on their activities so far,
commenting that the various governmental agencies have re-
ferred them to other governmental agencies. He stated that
the neighborhood residents want the City Council to accept the
responsibility for resolving this problem. He stated that
also present are four members of their steering committee,
representing about 65 residents. Steve Young, 1123 S. llth
Avenue, spoke in opposition of locating this unit in the
neighborhood, primarily because it would not upgrade the area.
He stated that the federal officials prefer that this be
resolved locally. He commented that the neighbors are pre-
pared to petition every goverrmental entity from the Council
to the President. Miguel Rodriguez, 1010 E. Chestnut, stated
he is speaking for Several ministers and citizens of the City.
He referred to a letter to the editor, printed in the Yakima
Herald-Republic, and agreed that the underlying theme is
racism. He stated these units will be rented on a year-round
basis. City Attorney Andrews referred to the State Statute
which created the Housing Authority (RCW 35.82), which he
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read, and concluded that this is an improper forum for the
relief of the nature the citizens are seeking. Mayor Car-
michael commented that while the Council appreciates the
citizens concerns, according to the City Attorney's interpre-
tation, the City has no jurisdicLion aver the Housing Auth-
ority's projects.
10. HEARING ON REQUEST FOR MAJOR MODIFICATION TO PLANNED DEVELOPMENT
ZONE FOR PAYLESS DRUG STORE AT 56TH AVENUE & SUMMITVIEW
This being the time fixed for the hearing on the request for a
major modification to the planned developmert, Larry Wright,
Planning Manager, gave sane background information on the
original planned development. He stated that this was origin-
ally a part of the Safeway Planned Development, which was a
controversial issue resulting in court action. He reported
that the court decision handed down was that the development,
including Payless Drug Store, does conform to the Compre-
hensive Plan. The Court said this was a major shopping area
JUNE 22, 1982 20
and the issue was not Whether they could locate there, but
hours of operation, landscaping, and other aesthetic con-
siderations. He reported that the parcel of property on which
Payless had lost their purchase option has now been purchased
by Payless and they are modifying this back to the original
Planned Development. Hank Hummelt, Payless Drug Stores, spoke
in favor of this request. There being no citizen present
wishing to speak in opposition to this request, the public
portion of the hearing was closed. It was MOVED by Doty,
seconded by Beauchamp to approve the Payless Final Plan and
Program and request that legislation be prepared. Unanimously
carried by roll call vote. Sparling absent. Council members
Barnett, Beauchamp, Budhanan, Carmichael, Doty and Moore
indicated during the roll call they voted in favor of the
approval of this request based on Larry Wright's recital.
II/ 11. STATUS REPORT ON RECORDS MANAGEMENT
City Manager Zais and Assistant City Manager Wittenberg re-
sponded to Cbuncil's questions and concerns regarding this
project. Following discussion, it was MOVED by Buchanan,
seconded by 'bore to accept the report. Unanimously carried
by voice vote.
12. REPORT RE: FINANCIAL STATUS OF WATER CONSTRUCTION FUND
Don Horan, Director of Finance & Budget, advised Council that
by accepting this report, Council would be authorizing staff
to proceed with the Bond issue. It was MOVED by Doty, sec-
onded by Moore to accept the report. Unanimously carried by
voice vote. Sparling absent.
*13. SETTLEMENT OF CLAIMS WITH HARBOR INSURANCE COMPANY RE: VOLCANIC
EMERGENCY DIRECTED WORK
RESOLUTION NO. D-4681, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute an agreement with Habor Insurance Company.
*14. CONTRACTOR FOR BOND SERVICES
RESOLUTION NO. D-4682, A RESOLUTION engaging Foster & Mar-
shall/Ancrican Express, Inc. to perform investment banking and
financial consulting services for the City of Yakima.
*15. QUIT CLAIM DEED TO JOE T. DENMAN
RESOLUTION NO. D-4683, A RESOLUTION authorizing the execution
and delivery of a quit claim deed to Joe T. and Myrthield
Denman.
16. VACATION OF A PORTION OF PUBLIC UTILITIES EASEMENT AT WILLOW LAKE
II/ FOR GROENIG DEVELOPMENT
City Attorney Andrews responded to several concerns of the
Council members regarding the size of the easement and the
access to the utilities for maintenance. Following dis-
cussion, it was MOVED by More, seconded by Barnett to refer
this to staff and request further clarification regarding the
easements in that area. Unanimously carried by voice vote.
Sparling absent.
*17. PERMITS GRANTED FOR RETAIL SALE OF FIREWORKS FOR 1982
RESOLUTION NO. D-4684, A RESOLUTION granting permits for the
retail sale of fireworks within the City of Yakima for 1982.
*18. PURCHASE FURNISHINGS FOR YAKIMA CENTER WITHOUT CALLING FOR BIDS
RESOLUTION NO. D-4685, A RESOLUTION authorizing the purchase
of furnishings for Yakima Center without calling for bids.
206 JUNE 22, 1982
*19. SET DATE OF HEARING ON FINAL ASSESSMENT ROLL FOR L.I.D. NO. 1032
July 27, 1982 was set as the date of hearing on the Final
Assessment Roll for L.I.D. No. 1032, West Side Baptist Churdh.
*20. RIGHT -OF -WAY USE PERMIT DOR AMERICAN RED CROSS
The right-of-way use permit requested by .the American Red
Cross, for property at 302 South 2nd Street, was approved.
., *21. RIGHT -OF -WAY USE PERMIT FOR ALLEN'S DISTRIBUTING
The right -of -way use permit requested by Allen's Distributing
Company for property at 406 South 3rd Street, was approved.
*22. FINAL CONTRACT PAYMENT FOR WATER TREATMENT PLANT FILTER BASIN
COVERS
The report of the Director of Engineering & Utilities, dated
June 17, 1982, with respect to the completion of the irk on
the Water Treatment Plant Filter Basin Covers project, per-
formed by Collins Brothers, Inc., was approved, the work
accepted and payment of the final estimates as therein set
forth,_.was authorized.
*23. ORDINANCE REPEALING CHAPTERS FROM THE YAKIMA MUNICIPAL DUDE RE-
LATING TO POULTRY AND MEAT SLAUGHTERING AND MEAT WHOLESALE
AN ORDINANCE relating to health and sanitation; repealing
Chapter 4.44 "Poultry Slau and Sections 4.44.010,
4.44.020, 4.44.030, 4.44.040, and 4.44.050 thereof; repealing
Chapter. 4.48 "Meat Slaughtering" and Sections 4.48.010,
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4.48.020, 4.48.030, 4.48.040, 4.48.050, 4.48.060, 4.48.070,
4.48.080, 4.48.090, 4.48.100, 4.48.110, 4.48.120, 4.48.130,
4.48.140, 4.48.150 and 4.48.160 thereof; repealing Chapter
4.52 "Meat Wholesalers" and Sections 4.52.010, 4.52.020,
4.52.030, 4.52.040, 4.52.050, 4.52.060, 4.52.070, 4.52.080,
4.52.090 and 4.52.100 thereof; repealing Chapter 4.60 "Ham-
burger and Sausage Adulteration" and Sections 4.60.010,
4.60.020, 4.60.030 and 4.60.040 thereof, all of the City of
Yakima Municipal Code.
*24. O1 D INANCE REZONING PROPERTY AT 1406 SUMMI TVI EW AVE., REQUESTED BY
ROBERT KELLETT /McCORMICK FLORAL
ORDINANCE NO. 2621, AN ORDINANCE rezoning property at 1406
Summitview Avenue in the City of Yakima, Washington from
Planned Development Zone and R -3, Multiple Family Zone to B -2,
Local Business Zone.
*25. ORDINANCE APPROPRIATING REVENUE SHARING ARTERIAL STREET FUNDS TO
THE GENERAL FUND (First Reading)
An Ordinance appropriating revenue sharing arterial street
funds to the General Fund, having been read by title only at
this meeting, was laid on the table for one week or until June
29, 1982.
*26. ORDINANCE APPROPRIATING AND TRANSFERRING FUNDS FOR TOURIST PRO -
MOTION (First Reading)
An Ordinance appropriating and transferring funds for tourist
promotion having been read by title only at this meeting, was
laid on the table for one week or until June 29, 1982.
27. OTHER BUSINESS _
INFORMATION ITEMS
Items of information supplied to Council were: letters from
Vincent K. Nubling, Margaret Greenough, and .Rev. Norris M.
Gipson re Washington Pool. 6/11; 6/12.& 6/9, 1982; memo from
National League of Cities re: Cable TV Legislation. 6/82;
letter from Office of the Secretary of the Treasury re:
City's achievement on affirmative action plan; 6/7/82; memo
JUNE 22, 1982 207
from Director of Depa/Unent of Community & Econamic Develop-
nent re: recanrrendation for resolving punch list dispute.
6/14/82; memo from DireuLor of Community & Economic Develop-
ment re: City Council involvement in farmworker housing siting
decisions. 6/18/82; nemo from Director of Parks & Recreation
re: Summer nutrition program. 6/18/82; letter from Lucile
Springer re: reassignment_ of Larry Carroll from the Community
Service Office and response from the Chief of Police.
6/18/82; memo from Director of Engineering and Utilities re:
Status of Nob Hill Boulevard reconstruction cost report.
6/18/82; Yakima Wastewater Project Monthly Report for April,
1982 from R. W. Beck & Associates. 5/28/82; memo from Dir-
ector of Community & Economic Development re: Outside Utility
Requests from Mike Moser (water), Mr. & Mrs. W. 'bore (water),
and Edward E. Lewis (sewer & water). 6/82; monthly report
from Chief of Police for May, 1982; Fire Departrent Emergency
II/ Activity Report for month of May, 1982; monthly report fran
Permit Center for May, 1982; monthly report from Code Admin-
istration Office for May, 1982; minutes from June 1, 1982
Yakima Planning Canmission meeting; minutes of May 18, 1982
Police & Fire Civil Service Cammission; and minutes of May 20,
1982 - Community Programming Advisory Committee.
EXECUTIVE SESSION
It was MDVED by Buchanan, seconded by Doty to nave into Ex-
ecutive Session for the purpose of discussing prospective
litigation and then immediately adjourn the meeting. Un-
animously carried by voice vote. Sperling absent.
28. ADJOURNMENT
Following the completion of the Executive Session, the meeting
was adjourned at the hour of 6:05 p.m.
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