HomeMy WebLinkAbout05/24/1983 Business Meeting MAY 24, 1983 477
BUSINESS MEETING
1. ROLL CALL
The City Council net in session on this date at 2:00 p.m. in
the Council Chambers of City Hall, Yakima, Washington. Mayor
Lynn Carmichael presiding, Council members Clarence Barnett,
Henry Beauchamp, Lynn Budzanan, W. K. "Pete" Moore and City
Manager Zais and City Attorney Andrews present on roll call.
Council member Jack Sparling absent. Council member Shirley
Doty present after 4:30 p.m.
2. INVOCATION -
The Invocation was given by City Attorney Andrus.
3. OPEN DISCUSSION FOR THE (DOD OF THE ORDER
Mayor Carmichael addressed the need to form a committee of the
Council to work with the Utility Rate Advisory Board as
suggested during the discussion of the water rates issue.
Following discussion, it was MOVED by Beaudzamp, seconded by
Budzanan to appoint Council members Sparling, Barnett and
More to the Council URAB Committee. Carried by 4 -1 voice
vote. Barnett voting nay. Doty and Sparling absent.
Mayor Carmidiael informed Council members of the Yakima
Memorial Day Parade beginning at 10:15 a.m. at the YMCA.
Mayor Carmichael informed Council of a request for a Council
member to provide a welcoming address to the Washington State
Agriculture Teacher's Convention June 25 at 8:15 a.m. at the
Thunderbird Inn. Council member Buchanan indicated he would
attend and present the welcoming address.
Mayor Carmichael extended an invitation to the Council members
on behalf of the Yakima Trolleys to ride the trolleys on June
2nd, from 9:30 a.m. to 10:30 a.m.
Mayor Carmichael distributed a copy of the May 23 letter from
Larry Petry, Assistant Superintendent of Yakima Public Sdiools
to Dr. Jerry Schlesinger, Yakima Neighborhood Health Clinic,
regarding Mr. Petry's participation in the proposed Upper
Valley Health Clinic.
4. 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.
Council member Nbore requested to add Item No. 10 to the
Consent Agenda. Council member Barnett requested Item No. 26
be removed from the Consent Agenda. Council member Beaudhamp
requested Item No. 13 be removed from the Consent Agenda.
Mayer Carmichael informed Council of two off agenda items to
be added to the Consent Agenda; Item No. 27 a., Set Date of
Hearing for May 31 for Jerry Waite regarding appeal of denial
for taxi cab license and Item No. 27 b., Set Date of Hearing
for May 31 for Rodney Morton regarding appeal of denial for
taxi cab license. It was the general consensus of the Council
that the addition of Items Nos. 10, 27a. and 27b. and the
deletion of Items Nos. 13 and 26, as requested, be made. The
City Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was MOVED by Moore,
seconded by Buchanan that the Consent Agenda, as read, be
passed. Unanimously carried by voice vote. Doty and Sparling
absent.
*5. MINUTES
The Council minutes of April 19 and 26, 1983 and May 3, 1983
were approved having been duly certified accurate by two
Council members and no one present wishing to have said
minutes read publicly.
l478 MAY 24, 1983
6. AUDIENCE PARTICIPATION
Bill Orr, 307 Paulson Place, presented Council with a petition
requesting a traffic light be installed at the intersection of
48th Avenue and Tieton Drive. He urged Council to act
positively and quickly regarding this petition. Mayor
Carmichael informed Mr. Orr the petition would be referred to
staff and the Traffic Safety Committee and Mr. Orr would be
notified prior to this iten caning back before Council. Don
Roman, 401 S. 39th Avenue, was present to request Council
consider this , item seriously due to the number of
developmentally disabled individuals living in that area which
use that intersection extensively. --- Ralph Brown, 5404
Englewood Hill Drive, owner of Glenwood Drug Store located
near the intersection of 48th Avenue & Tieton Drive, expressed
his concern of the increased traffic which has resulted in a
dangerous and difficult intersection. Council members Moore &
Barnett expressed their desire to give this item priority
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action.
7. HEARING ON MAJOR MDDIFICATION OF AN EXISTING OUTSIDE UTILITY
AGREEMENT, REQUESTED BY 7-ELEVEN STORE, 4904 TIETON DRIVE
This being the time fixed for the hearing on the major
modification of an existing outside utility agreement, as
requested by 7-Eleven Store, 4904 Tieton Drive, Larry Wright,
Assistant Director of Community and Economic Developuent, was
present to respond to Council's questions regarding the
proposed increase in the size of the store's sign. Council
member Beauchamp requested clarification regarding the
difference in recommendations expressed by the Planning
Commission and staff. Larry Wright responded, informing
Council of the Planning Commission's pre-established policy of
promoting ground level signs in the proposed area and staff
was, therefore, recommending denial of the request as the
proposed sign would exceed the guidelines of the Planning
Commission's policy. He stated the Commission may choose to
make an exception to the pre-established policy. Stan Toney,
2304 S. 38th Avenue, applicant for the major modification, was
present to speak in support of the request. Council member
Barnett questioned if the proposed sign is the same size used
by other 7-Eleven stores. Mr. Toney responded in the
affirmative. Council member Barnett questioned if 7-Eleven
was considering attaching other signs the proposed sign
post, if approved. Mr. Toney responded, indicating further
zoning requirements would have to be net if additional signs
were added to the proposed sign. Council member Beauchamp
questioned if the current sign was not sufficiently visable to
meet the store's needs. Mr. Toney responded, indicating the
nearby Shurgard Mini Storage sign blocks a portion of the
7-Eleven sign. There being no other citizen present to speak
to this issue, the public portion of the hearing was closed.
It was MOVED by Barnett, seconded by Beauchamp to approve the
request as recommended by the Planning commission with the
stipulation that no additional signs be placed on the pole of
the new sign. Unanimously carried by voice vote. Doty and
Sperling absent.
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8. HEARING ON REZONE OF PROPERTY IN THE VICINITY OF NORTH FOURTH
AVENUE AND W. LINCOLN, AS REQUESTED BY YAKIMA ADJUSTMENT SERVICE,
FROM R-3 to B-2.
This being the time fixed for the hearing on the rezone of
property in the vicinity of North Fourth Avenue and W.
Lincoln, as requested by Yakima Adjustment Service, from R-3
to B-2, the public portion of the hearing was opened. There
being no citizen wishing to speak to this issue, the public
portion of the hearing was closed. It was MOVED by Moore,
seconded by Beauchamp to approve the request for the rezone as
recommended and approved by the City Planning Commission.
Unanimously carried by voice vote. Doty and Sperling absent.
MAY 24, 1983
4 7 9
9. HEARING ON SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
(JOBS BILL)
This being the time fixed for the hearing on supplemental
Community Development Block Grant funding (Jdbs Bill), John
Beer, Jr., Director of Community and Economic Development, was
present to provide a brief summary of staff's report. He
introduced Bab Sinclair, Chairperson of the Community
Development Block Grant Advisory Committee. Mr. Sinclair
informed Council the emergency jobs bill funding of approx-
imately $353,000 should be available approximately
mid-September and explained the manner in Which the funding
would be allocated. Mr. Sinclair indicated that upon
completion of the citizen's meeting to receive public comment
on the allocation of the monies, it was the view of the CDBG
Advisory Committee that projects currently funded with the
regular 1983 Block Grant allocation would be best able to meet
the objective of generating jobs quickly. Mr. Sinclair
referred to the Committee's recommendation contained in
staff's report: 1) $200,000 for repair of the
Nelson-Diversion Dam; 2) $100,000 for the funding of a
Multi-Family leveraging program; 3) $30,000 for the allocation
of additional funds for the Single-Family Rehabilitation
Program and administration of the Jobs Bill monies; 4) $1,000
for the allocation of funds for the replacement of damaged
ceiling tiles for the Southeast Community Center; and 5)
$22,000 for monies to be set-aside for contingency. John
Beer, Jr., informed Council that staff concurs with the
Committee's recommendation to fund existing CDBG programs due
to the time element involved. Discussion followed regarding
HUD guidelines pertaining to the Jobs Bill funding. Don
Hinman, 4605 Scenic Drive, representing the Yakima
Neighborhood Health Services, was present to address the need
of funding for the repair of the clinic's roof. He informed
Council the estimated cost to repair the roof would be
approximately $6,000. Dr. John Hererra, 2207 S. 69th Ave.,
speaking on behalf of the Upper Valley Health Clinic, expanded
on the purpose of the clinic and addressed the funding
necessary for medical equipment and renovation of the clinic
facility at the Southeast Community Center. There being no
other citizen wishing to speak to this issue, the public
portion of the hearing was closed. Resolution No. D-4804
having been read by title, it was MOVED by Moore, seconded by
Buchanan to adopt the resolution as read. Unanimously carried
by roll call vote. Doty and Sperling absent.
RESOLUTION NO. D-4804, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to file an application
with the United States Department of Housing and Urban
Development for federal funding for a community development
program.
It was MDVED by Moore, seconded by Barnett to accept the
II/ recanmendation of the Community Development Advisory Committee
on the method of allocating funds. Unanimously carried by
voice vote. Doty and Sperling absent. City Manager Zais
commented on the Jobs Bill Program, indicating there is
another section of the bill Which deals with Economic
Development Wherein the City is allowed to apply for capital
funds for projects that create permanent jdbs. He indicated
Lions Pool would fit into this category if the facility was
kept open year-round, therefore qualifying for consideration
of funding.
*10. PLANNED PARENTHOOD REHABILITATION PROJECT REQUEST FOR SUPPLEMENT
FUNDING
The report from the Community Development Advisory Committee
dated May 24, 1983 requesting Council approval for an
additional $2,800 to complete the Planned Parenthood
Rehabilitation Project, was accepted and approved.
4 8 0 MAY 24 1983
11. REPORT FROM TRAFFIC ENGINEER REGARDING WASHINGTON AVENUE SPEED
LIMITS
Hank Hein, Supervising Traffic Engineer, was present to review
staff's report and explained staff, has received a number of
phone calls that the speed limit on Washington Avenue is too
low. He referred to the petition of 70 names included in the
Council packet which were in favor of increasing the speed
limit on Washington Avenue. Council member Barnett expressed
his concerns of the proposed speed limit increase in the area
of 24th Avenue and Washington Avenue. He questioned if it
would be possible to increase the speed limit past the point
Where the two lanes merge together. .- Mark Bontrager,
Chairperson of the Citizens Safety -Traffic Committee, was
present to urge Council to consider - changing the speed limit
to something other than the existing speed limit. Ted
Marquis, Rt. 1, Box 476, indicated he owned a business along
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Washington Avenue and is in favor of the increase to 45 MPH.
Bill Doyle, 3401 W. Washington, -cmmer of,-Western Recreational
Vehicles, was present to speak in opposition to the proposed
increase in the speed limit along .Washington Avenue. He
addressed the extensive number of semi-trucks using that
street and the number of joggers and bicyclists along
Washington Avenue on the weekends. Mr. Doyle reminded Council
of the accidents that had occurred prior to reducing the speed
limit from 50 MPH in 1981 and reported that since the
reduction in the speed limit, there have not been any
accidents in this area. Mr. Doyle expressed his concern of
the safety of his 'employees and their family members traveling
to and from work if the speed limit was increased. He urged
Council to retain the speed limit at 35 MPH on Washington
Avenue. Joan, Fluaitt, 2701 S. 90th: Avenue, owner of
Structural Components; Inc., was present to speak in
opposition to the prcposed in speed limit due to the
blind curve on Washington Avenue. Rosemary Beehler, 3303 W.
Washington, owner of Reese & Sons, -was present to speak in
opposition of the proposed speed limit-increase on Washington
Avenue and requested the .speed limit remain 35 MPH. Council
member Buchanan cemented on the number of times the issue of
the speed limit on Washington Avenue has cane before Council.
Mayor Carmichael expressed her concerns regarding the proposed
increase in the speed limit and indicated she would like to
leave the speed limit at the existing 35 MPH. It was MOVED by
Moore, seconded by Budianan not to approve an ordinance
change, that the speed limit remain as posted on Washington
Avenue. Council member Moore canmented he could see no reason
to change the speed limit for a short distance between 16th
and 24th Avenues and expressed his desire for consistency with
the speed limit. The question was called for vote on the
motion. Unanimously carried by voice vote. Doty and Sparling
absent. Council member Barnett indicated he voted in favor of
the motion, however there have been other considerations
addressed today and would like,this.matter referred bad k to
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the Traffic Safety Committee for further consideration of
increasing the speed limit to 45 MPH beyond the business
district area out west to the City limits.
12. REPORT FROM FINANCE AND BUDGET REGARDING APRIL, 1983 GENERAL
GOVERNMENT BUDGET STATUS =
Council member Barnett began discussion, questioning if the
April, 1983 General Government Budget Status repirt reflected
withdrawals, to-date, from the Contingency Fund. John Hanson,
Finance Director, was _present to respond, informing Council
this report reflects the General Fund only. City Manager Zais
informed Council the forthcoming Quarterly Report will show
the actual performance of the Contingency Fund. Addressing
the revenue received in the First Quarter, Council member
Budhanan questioned if the reserves generated from the
increased sales tax would be sufficient-to balance the 1984
Budget. City Manager Zais responded, stating he thought it
unwise to balance next year's budget with reserves from this
year. He indicated it is staff's objective to work within the
MAY 24, 1983 81
income generated from the entire year. Council member
Beauchamp expressed his concerns regarding the need to balance
the 1984 Budget and questioned if there is anything Council
should be doing at this time towards that effort. City
Manager Zais indicated that if the City generated a cash
surplus, it would be a Council policy determination if the
cash balance should be applied to the 1984 Budget. Council
member Barnett questioned if 0.2% of the 0.5% optional sales
tax increase is being allocated to the reserve fund as
previously determined. City Manager Zais responded, informing
Council the reserve has not been achieved at this time as the
City has been paying back loans. He indicated that by the end
of the year, the City should have adiieved the desired sales
tax reserve base. John Hanson addressed the subject of
unfunded liabilities and questioned if Council would want to
discuss this issue if a cash balance exists at the end of the
year. It was MOVED by Moore, seconded by Buchanan to accept
staff's report. Unanimously carried by voice vote. Doty and
Sparling absent.
13. COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE PERFORMANCE REPORT FOR
1982.
Council member Beauchamp began discussion requesting
clarification of the population percentage regarding the
Single Family Rehabilitation Program. John Beer, Jr.,
Director of Community and Economic Development, was present to
respond to Council's questions. It was MOVED by Beauchamp,
seconded by Buchanan to authorize the City Manager to sign and
submit the Grantee Performance Report to Housing and Urban
Development (HUD). Unanimously carried by voice vote. Doty
and Sparling absent.
*14. RESOLUTION DENYING THE REZONE OF PROPER'T'Y LOCATED AT 406 SOUTH 15TH
AVENUE, AS REQUESTED BY GORGE CAMDEN
RESOLUTION NO. D -4805, A RESOLUTION denying an application by
George Camden and others for the rezone of property at 406
South 15th Avenue, Yakima, Washington, from R -2, Two- Family
zone to Planned Development Zone.
*15. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH AREA AGENCY
ON AGING REGARDING A YAKIMA SENIOR CITIZEN EMPLOYMENT PROGRAM
RESOLUTION NO. D -4806, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute an agreement with the County of Yakima, Department of
Human Services, for a Senior Employment Program.
*16. RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH PEOPLE FOR
PEOPLE PROVIDENT INDUSTRIES SHUTTLE SERVICE
RESOLUION NO. D -4807, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute an agreement with People for People relating to
specialized transportation services.
*17. DISPOSITION OF DAMAGE
RESOLUTION NO. D -4808, A RESOLUTION authorizing payment of the
amount of $96.48 to Gavin, Robinson, Kendrick, Redman & Mays,
Inc.,•P.S. in settlement of a claim for damages filed with the
City.
*18. CONSIDERATION OF APPOINTMENTS TO THE BOARD OF APPEALS
The report from the City Clerk dated May 24, 1983, regarding
the appointments of Newell H. Pock and Craig Schultz to the
Board of Appeals, was accepted and approved.
L82 MAY 24, 1983
*19. APPROVAL OF RIGHT-OF-MY USE PERMIT REQUESTED BY NOEL INVESTMENT
COMPANY
The report from the Director of.Ccmmunity & Econcmic Develop-
nent dated May 24, 1983, regarding the application for
right-of-way use permit (2 South 7th Street) as requested by
Noel Investrrent.Company, was accepted and approved.
*20. TREASURY REPORT FOR APRIL, 1983 -
The report ,from the Director of Finance and Budget, dated May
24, 1983 regarding the investments of the City of Yakima, was
accepted and approved.
*21. RE-SET DATE OF HEARING - -
.June 28, 1983.was set as the date: 4;hearing for the Final
Assessement Roll for L.I.D. No. 1033, Modesto Way Sewer.
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*22. APPROVAL. OF OUT-OF-STATE TRAVEL
The Out-of-State travel for James McConnick, Police
Department, to attend a polygraph seminar in Eugene, Oregon,
June 19-24, 1983, at a-cost of $250,-was-approved.
*23. ORDINANCE AMENDING THE 1983 BUDGET (Second Reading)
An ordinance amending the 1983 Budget and making
appropriations, having been read by title only at the previous
business meeting; was brought before the Council for a second
reading.
ORDINANCE NO. 2694, AN ORDINANCE amending the 1983 Budget of
the City of Yakima; appropriating various amounts fran
unappropriated fund balances within various funds for
expenditure during 1983.
*24. ORDINANCE APPROPRIATING. FUNDS FOR FIRE DEPARTMENT FENCING PROJECT
(First Reading)
The ordinance appropriating funds for the Fire Department
fencing project, having been read by title only at this
meeting, was laid on the table for one week or until May 31,
1983.
*25. ORDINANCE AMENDING THE 1983- BUDGET TO FUND ADDITIONAL STAFF FOR
DATA PRCCESSING AND FINANCE, SETTLEMENT FOR PENSION LITIGATION
(First Reading)
The ordinance amending the 1983 Budget to fund additional
staff for Data Processing and finance settlement for pension
litigation, having been read, by title only at this meeting,
was laid on the table for one week or until May 31, 1983.
26. ORDINANCE DESCRIBING ODUNtIL ELECTION DISTRICTS
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Council member Barnett indicated he had requested this item be
removed fran the Consent Agenda to allow staff to explain the
mops included in staff's report. John Beer, Jr., Director of
Ccmmanity and Economic Development, was present to explain
that Maps B and C were inverted .in the May 17, 1983 staff
report. He indicated the accurate district map is included in
today's Council packet. Ordinance No. 2695, having been read
by title, it was MOVED. by Moore, seconded by Buchanan that the
ordinance be passed. Unanimously carried by roll call vote.
Doty and Sperling absent.
ORDINANCE NO. 2695, AN ORDINANCE relating to City government
administration; designating and describing City Council
Election Districts by the adoption of an election district
map; assigning City Council "district position numbers"; and
amending Chapter 1.04 "City Council Election District", and
Sections 1.04.010, 1.04.020 and 1.04.030 of the City of Yakina
Municipal Code.
' MAY•24, 1983 .4!8 3
27. OTHER BPSINESS
*a. SET DATE OF HEARING
May 31, 1983 was set as the date of hearing on the appeal of
Jerry White on the denial of a taxi driver's license.
*b. SET OF HEARING -
May 31, 1983 was set as the date of hearing on the appeal of
Rodney 'Mbrton on the denial of a taxi driver's license.
c. REQUEST- FOR FUNDING SOURCE'FOR REPAIR CF AIR CONDITIONER AT
II/ CAPITOL THEATRE
John Beer, Jr., Director of Community and Economic Develop-
merit, was present to distribute a report. regarding Capitol
Theatre Repairs/Air Conditioning Unit dated:May 23, 1983. Mr.
Beer introduced Eli D. 'Ashley, Executive Manager, Capitol
- , Theatre: ' Mr. Ashley expanded on the'City's responsibility for
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a portion of the maintenance and repair cost to the Capitol
Theatre as per the Capitol Theatre Operating Agreement. He
informed Council that one of the two compressors of the air
conditioning unit .required major repair and indicated the cost
of the repair'ambunted - Lb $3,875. Mr. Ashley requested funds
be allocated to repair,the air conditioner.
It was MOVED by ?'bore, seconded by Buchanan to authorize the
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expenditurdbf funds as outlined in the amount of $3,875 for
-__ the repair :Of tl Theatre air conditioner from Fund
370. Unanimously carried by voice vote. Doty and Sparling
Absent:
Council member Moore requested legal counsel to explain Senate
_ Bill 3206, Which was provide for Council information. City
Attorney Andrews informed Council this 'Bill, '41idh was
recently passed, comprises amendments to the Open Public
Meetings Act. He informed Council that SB 3206 will require
that a special meeting be called Whenever a meeting takes
place involving a committee of the Council that acts on behalf
of the Council. City Attorney Andrews informed Council that
more clarification is being sought on this Bill from the
Attorney General's Office. Council member Barnett requested
further clarification of the new Bill. City Attorney Andrews
responded, stating that Whenever a committee of the Council is
going to meet, a special meeting has to be called which
entails complying with the legal requirements pertaining to a
special meeting. (Council member Doty present after 4:30
p.m.) Mayor Carmichael cemented on the Council's numerous
committees that request applications for Boards and
Canmissions and she did not think it was appropriate to
II/ discuss the merits of the potential candidates in a special
meeting. City Attorney Andrews responded, informing Council
that Boards and Commissions were exempt from the Open Public
Meetings Act, City Manager Zais cemented that the
Association of Washington Cities has had questions regarding
this legislation. He indicated this new Bill is a result of
the Washington Public Power Supply System (WPPSS) negotiations
and is now applicable to all governing bodies. City Attorney
Andrews informed Council an inquiry is in process regarding SB
3206 and he will respond back to Council as soon as he
receives a response from the Attorney General's Office.
City Manager Zais cemented on the May 23 presentation to the
Department of Ecology (DOE), Environmental Protection Agency
(EPA) and the Federal Emergency Management Agency in Olympia,
regarding the City's wastewater grant request. He distributed
an Executive Summary Section of the presentation Which
provides a good overview of the total presentation. He
indicated the City had requested a preliminary determination
of eligibility from the EPA and DOE by the end of August and
foresees FEMA following a month later. City Manager Zais
stated that the City is seeking to cover the full cost of
481+ MAY 24, 1983
$2.28 million for the cost of the settlement, and commented he
felt the City has provided enough documentation to
substantiate the request.
Information Items
Items of information provided to Council wre: article from
Business Week, "Vieners Turn Off Subscription TV." 5/16/83;
announcement of cancellation of May 21 & 22, 1983 Regional
NFLCP Conference. 5/11/83; minutes of 5/3/83 Planning
Commission meeting; minutes of 4/20/83 Yakima Housing
Authority fleeting and Agenda for May 18, 1983 meting; and
no frcm Director of Finance & Budget re: Funding of the
Street Light Replacement Program. 5/20/83.
28. EXECUTIVE SESSION
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- - - -
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 prospective
litigation, to then immediately. adjourn. Sparling absent.
29. ADJOURNMENT
Following the completion of the Executive Session, the meeting
was adjourned at the hour of 5:15
READ AND CERTIFIED ACCURATE BY...7/ DATES ir
�s1J MEMBER
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ATTEST:
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CITY CLERK MAYOR
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