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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 II/ 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. II/ 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 II/ 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 II/ 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. II/ *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 II/ 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 • 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 9 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 II/ - - - - 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 4k:de EY - i f couN•l ID I: R/ ATTEST: &LO 46J CITY CLERK MAYOR .! .„ 1 • • •