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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 II/ 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 II/ 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, • 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. READ AND CERTIFIED ACCURATE B DATE 2 N L R DATE,/,/-S a =NIL m PR ATTEST: A 0 ... OA AAA,- - CITY CLERK k MA OR •