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HomeMy WebLinkAbout08/31/1982 Study Session 252 AUGUST 31, 1982 STUDY SESSION • The City Council net in session on this date at 1:30 p.m. in the Council Chambers of City Hall, Yakima, Weshingtbn. Council members present were Mayor Lynn Carmidhael, Clarence Barnett, Henry Beaudhamp, Lynn Budhanan, Shirley Doty, W. K. "Pete" Moore, and Jack Sperling. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Barnett questioned staff regarding the gasoline leak mentioned in the newspaper and as to Who has jurisdictional control over resolving the problem. City Manager Zais stated that the City has chosen to take the lead in this matter but will be enlisting support from other agencies. Mike Gaudette, Code Inspector, gave a summary report as to the department's activities concerning this matter, stating that numerous holes have been dug on the United Builders property (approximately Nob Hill Blvd. and 23rd Ave.) It ilas subsequently been discovered that the originating point of contamination is not due to any fault of United Builders, as Mr. Gaudette explained that one of the drillings was on the other side of Nob Hill Blvd. and that the unknown substance appeared at that point. He further stated that the department is planning to use a videotape camera through the pipeline to assist in locating the source of the problem. Council member Doty stated that she had spoken with Bob Brandow of COG, and as a correction to that discussion held last week regarding the CDBG program, that COG could in fact manage the program for the City, but that the City would retain sole responsibility for the program. Council member Buchanan questioned staff as to the airport receiving a computer terminal since it now appear s it will no longer need one. Larry Wittenberg, Assistant City Manager, stated that this terminal will certainly be utilized by another department within the City government. 2. EXECUTIVE SESSION It was MOVED by Budhanan, seconded by Moore to move into Executive Session for the purpose of discussing pending and prospective litigation. BUSINESS MEETING 3. ROLL CALL At 3:00 p.m., the Council members commenced the regular meeting, Mayor Carmichael presiding, Council members Barnett, Budhanan, Doty, Moore, Sperling and City Manager Zais and City Attorney Andrews present on roll call. Council member Beauchamp absent and excused. 4. INVOCATION II/ The Invocation was given by Council member Budhanan. 5. CONSENT AGENDA Mayor Carmichael referred to the items placed on the Consent Agenda, questioning Whether there were any additions or deletions from either Council members or citizens present. The Acting City Clerk then read the Consent Agenda items, including resolutions and ordinance by title. It was MOVED by Doty, seconded by Budhanan that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Beauchamp Absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one motion without further discussion.) AUGUST 31, 1982 253 6. MINUTES The Council minutes of August 11, 17 and 24, 1982 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 7. CURRENT STUDY SESSION ITEMS None 8, AUDIENCE PARTICIPATION Elsie GregoriCh, 1516 Browne Avenue, expressed her continued II/ concern about the need for reapir of the City sidewalks and advised she planned to also write to various political candidates regarding this subject. 9. CONSIDERATION OF APPEAL REQUIRING AN ENVIRONMENTAL IMPACT STATEMENT FOR REDONE AT 222 SO. 30TH AVENUE John Beer, jr., Director of Community and Economic Development, reviewed the department's determination requiring that Dr. Clyde Hockett prepare an EIS, and requested denial of said appeal. Mr. Beer stated that in his opinion, the preparation of an EIS would not require the hiring of a professional consultant and that the applicant with the aid of City staff could develop an EIS within six or eight weeks. Council member Barnett stated that staff could easily determine the extent of impact on the environment, since the only minor changes anticipated are the addition of six parking spaces and the conversion of the have to a medical office would result in an increase of vehicular movement. He further stated he did not comprehend the purpose of requiring the applicant to provide an EIS. Council member Buchanan stated the only thing being accomplished by this requirement is additional staff work over the next 6-8 weeks and delaying the doctor's request. Council member Doty expressed her concern over treating this issue lightly and that although her first thoughts were not to require an EIS, she felt that this rezone would affect the land use pattern substantially and could affect the neighborhood in the future. Council member Barnett advised that any objections of the neighbors would be addressed at the Planning Commission meetings. Council member Moore stated that since no EIS was required When the day care center was proposed nor When the hospital built its latest addition, he certainly did not believe one should be required by this applicant. Mayor Carmichael said that when the day care rezone was considered the neighbors around the hospital were extremely concerned about any changes and that sane type of study should be performed addressing possible future land use dhanges for that neighborhood. City Manager Zais stated II/ that it is not the intent of the City to cause delays for the tn applicant. Dr. Clyde Hockett, 2811 West Chestnut, stated he had sent letters and made personal contact with his neighbors and has received their support with the exception of one neighbor. He farther stated that his EIS would not have an affect upon what the hospital does in the future; and that the only thing it would do would be to set a precedent for all small businessmen to be required to prepare an EIS and to be burdened with the expense of such an endeavor. After receiving legal advice from the City Attorney as to the options available to the Council, it was MOVED by Barnett, seconded by Buchanan to overrule the determination of the responsible official and that no Environmental Impact Statement is necessary in this case. Council member Doty stated that although she does not believe an EIS is necessary, she will vote against the motion since she believes the Council should act more cautiously in this matter. The motion carried by 4-2 voice vote. Carmichael and Doty voting nay; Beauchamp absent. 9 5 4 AUGUST 31, 1982 10. PRESENTATION OF CABLE COMMUNITY PLAN REPORT Bruce Crest, Cable TV Coordinator, commented on the extremely hard working members of the Community Programming Advisory Committee and their outstanding work on preparing the 130 page Plan. Mr. Crest introduced the Chairman of the Committee, Dr. Robert Plumb. Dr. Plumb introduced the other members of the committee who were present: Ermelindo Escdbedo, Randall Marquis, Linda Ddbbs, Terry Massoth, Melanie Low, Cherie Hanses and Doyle Hardy. Dr. Plumb stated he is hopeful the Council will approve all or part of the three-year plan and the recommendations as set forth under Section 11 of the Plan. Council member Barnett questioned staff regarding his prior inquiries as to certain tribunal powers. City Attorney Andrews stated he will have the appropriate answers this week. Council member Barnett stated his concern is that the Council might not have the authority to establish this kind of II/ judicial power as outlined in the grievance procedure of the Plan. Mr. Crest stated that if necessary, this portion of the Plan could be reworded. Council member Doty spoke on behalf of John Klingele, a citizen Who could not be present, stating that Mr. Klingele is concerned about the one and three-quarters additional personnel being added in 1983. She said Mr. Klingele felt that the fall-time employee could be added at the beginning of the year, but consider postponing the 3/4 employee for several months if the response from the community is slow. Council member More questioned Where the monies are going to be generated fram to cover the costs of capital outlay and staffing. Mr. Crest stated that the Cable Fund has been acquiring funds over the last three years, and _there ispresently_$125,000 in the investment account which is accruing interest. He further stated the equipment purchases will come from that investment account. Council member Barnett questioned the Committee's ability to edit and censor television programs in advance. Mr. Crest stated that the court prohibits the Committee from establishing standards. Mr. Randall Marquis addressed the Council and stated that, as a lawyer, he had thoroughly researched this topic; and further advised that the City could only control the community dhannel. Council member Doty suggested the Council review the specific Committee recommendations and act upon those not in question. She further stated she is impressed with the report and the work of all the committee members. It was MOVED by Doty, seconded by Budianan to accept the Committee recommendations Nos. 1 through 6 as set forth under Section XI. The motion carried by 5-1 voice vote. Moore voting nay; Beauchamp absent. Council member More stated he is not in favor of adding staff at this time and is not ready to act on this subject at this time. It was the general consensus of the Council to postpone acting upon Recommendation No. 7 until further information is available. *11. REPORT FROM PUBLIC WORKS RE: PURCHASE OF REPLACEMENT POLICE PATROL II/ CAR UNITS The report fran the Public Works Department requesting the purchase of six patrol cars at an approximate cost of $51,500, was accepted and approved. 12. REPORT FROM PUBLIC WORKS RE: ARTERIAL STREET SEALCOATING PROGRAM Del Kary, Street and Refuse Manager, reviewed the report recommending establishing a sealcoating procedure on a five-year cycle. Council member Doty stated that since this plan does not include those streets that are addressed in the six-year plan, she could foresee these streets receiving neither sealcoating nor the required maintenance as requested in the six-year plan due to lack of funds. Council member Barnett questioned the possibility of sealcoating Nob Hill Boulevard. Mr. Kary stated that sealcoating is not designed to correct the Nab Hill Blvd. road problems, and that only a small section of this street would benefit from sealcoating, Which did not include 16th to 40th Avenue. City Manager Zais AUGUST 31, 255 stated that although a report has not be presented to Council yet regarding the meeting with the YVT officials, it is a certainty that the Nob Hill Boulevard issue will not be addressed on the ballot due to time constraints. It was MOVED by Moore, seconded by Doty to accept the report. Unanimously carried by_voice vote. Beauchamp absent._._ 13. CONSIDERATION OF A RESOLUTION AUTHORIZING A TEMPORARY LOAN FOR THE PARKS "AND RECREATION FUND ' • Resolution No. D -4705 having been read by title, it was MOVED by Doty, seconded- by More to adopt the resolution as read. Ed Carroll, Acting Director of Parks and Recreation, reviewed the report. Council member Doty stated that it seemed unfair for this department to rely on property tax revenues and be penalized due to interest. , City Manager Zais stated one solution would be to make the Parks & Recreation Department part of the General Fund rather than a separate account within the General Fund. The question was called for a vote on the -motion. Unanimously carried by roll call-vote. Beauchamp Absent. RESOLUTION NO. D -4705, A RESOLUTION authorizing temporary loans .from 199- Federal Shared Revenue Fund to 131 -Parks and Recreation Fund, and providng for repayment. *14._ODNSIDERATION OF A RESOLUTION RATIFYING EXECUTION OF A CONTRACT WITH YAKIMA COUNTY AND PEOPLE FOR PEOPLE FOR ELDERLY AND HANDICAPPED TRANSPORTATION SERVICES RESOLUTION NO. D -4706, A RESOLUTION authorizing and ratifying the execution by the City Manager' and Acting City Clerk of an agreement with Yakima County and People for,People, relating to transporting senior citizens. *15. CONSIDERATION OF A RESOLUTION AUTHORIZING A PERSONAL SERVICES CONTRACT FOR COMMUNICATION STUDY AND REPAIR RESOLUTION NO. D -4707, A RESOLUTION authorizing the City Manager and the Acting City Clerk to execute an agreement with Bruce Belfield for a study of a consolidated City Police and Fire Communications System and electronic equipment repair. *16. AN ORDINANCE APPROPRIATING FUNDS TO THE TRANSIT CAPITAL RESERVE FUND AND REPAYING CERTAIN LOANS (SECOND READING) An Ordinance appropriating funds to the Transit Capital Reserve Fund and repaying certain loans having been read by title only at the previous meting, was brought before the Council for a second reading. ORDINANCE NO. 2634, AN ORDINANCE amending the 1982 budget for the City of Y akima; appropriating Honey in 462 - Transit Fund to various accounts within that fund for expenditure during 1982. 17. OTHER BUSINESS Dave Rhodes, Director of Public Works, stated that the agreement with Yakima Valley Transportation Exchange terminated this date and requested staff be authorized to contract with Alpine Taxi, as the low bidder, to provide transportation services to Provident Industries. He further stated this would be a month -to -month contract until another solution can be reached. It was MOVED by Moore, seconded by Sparling to authorize staff to enter into a contract with Alpine Taxi in the amount of $1,000 per month to provide transportation services to Provident Industries for City of Yakima residents. Unanimously carried by voice vote. Beauchamp absent. City Manager Zais distributed copies of the Civil Service Commission hearing determination on the appeal of a former employee Who was terminated due to physical incapacity, and accanpanying letters regarding procedural process. 25E AUGUST 31, 1982 ITEMS OF INFORMATION Items of information supplied to Council were: letter fran the Departrrent of Retirerrent Systems re: J. D. Murphy retirement application. 8/17/82; letter fran Ron Cheatham resigning fran the Yakima City Civil Service Commission. 8/26/82; rrmo fran Director of Engineering & Utilities re: Council member Barnett's Inquiry re: Storm Drainage Management Study. 8/24/82; minutes of 8/16/82 Utility Rate Advisory Board rreeting; and information report re: Request for Proposal Informational Guide for the Canmunity Development Block Grant Program. 8/26/82. 18. ADJOURNMENT There being no further business to cane before the Council, it was MOVED by Buchanan, seconded by Moore, to move into Executive Session for the purpose of discussing pending and prospective litigation and to adjourn the neeting immediately thereafter. Unanimously carried by voice vote. Beauchamp absent. Following the completion of the Executive Session, the meeting was adjourned at the hour of 5:30 p.m. READ AND CERTIFIED ACCURATE BY DATE 7/ CDUNCIL ID i R ATTEST: l 1 „ . ACTING CITY CLERK MAYOR