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HomeMy WebLinkAbout07/01/1980 Adjourned Meeting JULY 1, 1980 The City Council met in session on this date at 1:00 p.m. in the Con- ference Rocm of City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael, Bruce Crest, Shirley Doty and Don Hinman. Councilman Crest asked about the progress with the County on the County- wide communications center for Police & Fire. City Manager Zais re- ported that a joint meeting with the County Commissioners, the Council and the consultant has been set for July 17, 1980. He explained that the first phase had been completed. It was further noted that the meting date may be changed to July 24, 1980. Mayor Edmondson reported that she had made presentations cf Resolutions of Appreciation to King County and Seattle and asked Council if they would like any Council member to make a personal appearance or send a letter to Portland and Multnomah County to present their Resolutions of Commendation which were adopted previously. Councilman Hinman mentioned he will be going to Portland in a couple of weeks and would check to see if it can be worked out. City Manager Zais referred to vacancies on City boards and commissions and asked if the Council wishes to select a committee for screening. It was reccmmended that Council members Carmichael, Buchanan and. Edmondson serve on this screening committee. t was reported that at the Fairview-Sumac sewer sign-up, 141 people came and that there was also County staff present. Council member Carmichael referred to the fact that they would again have to postpone the Affirmative Action Plan Update and asked if a future meeting could be set Where it would be the only item on the agenda. City Manager Zais reported that this could be done or they might suggest a time for a special study session on this matter. Bob Phillips, West Valley Cablevision asked about being protected in the areas that they are already serving the City. Discussion followed on whether there could be two companies going down the sane street. Councilman Crest suggested that Council direct staff to get a legal interpretation on the situation. Carol Darby, Director cf Community Development, reported that staff will soon be giving the Council an ' update on the Cable TV situation. It was the general consensus cf the Council that staff be asked for a legal interpretation regarding whether two cable TV companies can have duplicate lines running down the same street. It was MOVED by Beauchamp, seconded by Doty to go into Executive Session to discuss prospective litigation and collective bargaining: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. Upon completion cf the Executive Session, at 3:00 p.m., the Council members moved into the Council Chambers for the bllance cf the meeting, Mayor Edmondson presiding, Council members Beauchamp, Buchanan, Car- michael, Crest, Doty and Hinman and City Manager Zais and City Attorney Andrews present on roll call. The Invocation was given by Mayor Edmondson. Mayor Edmondson referred to the its placed on the Consent Agenda, questioning Whether there were any additions or deletions from either Council members or citizens present. Items No. 9 and 12 were requested to be added the the Consent Agenda. It was the general consensus of the Council that these items, as requested, be added to the Consent Agenda. The City Clerk then read the Consent Agenda items including Resolutions ny title. It was MOVED by Hinman, seconded by Doty that the Consent Agenda, as read, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. (Subsequent paragraphs preceded by an asterisk (*) indicated items on the Consent Agenda to be handled under one motion without further discussion.) 071 JULY 1, 1980 Mr. Ken Schiller cf Cox Cable of Yakima stated that they are going to make the August 1, 1980 deadline and will not need the requested 30-day extension. He reported on the areas that are now hooked up and the areas that are yet to be done. He asked about serving the hospitals and schools. He reported that they All be serving the hospitals as a courtesy and sees no problem in doing the same with the schools. Council- man Crest asked Mr. Schiller about his interpretation of the contract re area of communication and if he had had any problems with West Valley Cablevision. Mr. Schiller stated that if West Valley is serving a customer in the area they are going into, they don't try to get the customer away from them. Councilman Hinman asked about laying cables down the same street. Carol Darby stated that a complete staff report updating Cablevision will be presented soon. 11/ Mr. Donald- Lundberg, explained his proposed sub-lease of the Airport Restaurant and asked the Council to approve it so that it can open up the next day. Carol Darby, Director of Community Development, reported that in revealing the proposed sub-lease, her staff finds some areas with which they are uncomfortable, such as security deposit and the parking facility, and they would like to suggest that perhaps a 50 or day sub-lease be given at this time. Mr. Lundberg explained that the security deposit has been paid to him and he in turn has made sure that it has been paid to the City. Also, regarding the parking facility;'he explained that the validation program expired some months ago. He explained that they are dealing with the Washington State Liquor Control Board who will not transfer a liquor license on a 30-60 day temporary basis. City Manager Zais stated that there does need to he an istrative review of Mr. Lundburg's proposal regarding the language and terms, etc., and suggested that the staff and Mr. Lundberg work out a temporary agreement and that the Council allow a sub-lease for at least 30 days. After discussion, it was MOVED by Crest, seconded by Doty that the sub-lease with the Schulers be given for 30 days, to begin immed- iately and the matter cf the sub-lease he reviewed and negotiated and brought back to Council for final action: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. Carol Darby, Director of Community Development reviewed her report re- garding mobile horres being placed in Valley West Estates, giving the history cf the project and Professional Developers outside utility amendments for serving mobile homes. In .summary, Miss Darby stated that during the past several years, in various areas, both in the State cf Washington and in other states, there have been a number of court rul- ings that have stated that mobile homes are a valid single-family res- idential use. It has been further ruled that the use of zoning or Other land use controls to prohibit or exclude them from areas commonly held to be desirable single-family residential areas was unconstitutional. Along this same line, the Department cf Housing and Urban DevelopMent (HUD) has established minimum standards for the manufacturer cf mobile homes and long term (30 year) financing is now available for these units. Based upon the City's current position, the above information is that while mobile homes are a valid single-family use and they meet HUD standards, they do, not meet the City of Yakima's adopted Uniform Build- II/ ing Code Standards. Consequently, they must be located in mobile home parks or mobile home subdivisions. In this particular instance; :the designation of a portion of a subdivision for mobile homes was requested and granted because it net subdivision and zoning standards of the City of Yakima and there was no valid reason to deny it. She further ex- plained that this particular subdivision is unusual in that it could receive a mobile home designation without a plat modification because the pedestrian easements provided adequate separation and therefore did not require a hearing and/or the associated noticing by the Planning Office. Dick Anderwald, County Planning Director, spoke regarding the differences between the City and the County building standards. He stated that neither the County or the City can regulate the types of housing -- only the housing sites. He reported that the County stand- ards were changed and updated regarding double-wide mobile homes, des- ignating the same standards as for conventional housing. Mayor Edmond- son stated that although this isn't a formal hearing, there are many people present to speak to this matter and everyone will get a chance to speak. She asked that they try not to he repetitive. aim Grahn, Attor- ney, representing several homeowners, spoke against the City's allowing the outside utility agreement to be amended to allow the mobile homes be brought into the area. He stated that the people he is representing were led to believe that they were dealing with a single developer and - JULY 1, 1980 are very upset at mobile homes being allowed to come into this area. He feels that the requested amendment should have been brought to the Council and not merely approved by the Planning staff and the City Manager. Howard Elofson, Attorney representing Professional Developers Consultants, Inc., explained that the mobile homes are nicely done has and have followed all of the conditions of the amendment to the outside utility agreement, allowing the proper site screening, dividing the mobile homes from the balance of the subdivision. Council members asked if the people had been contacted regarding the proposed change in bring- ing in mobile homes. Noel Nechanicky of Professional Developers Con sultants, Inc., stated that some people were contacted, others were not. They did not feel at any time there was any reason to contact these people. A petition with approximately 220 signatures was filed with the City Clerk at this meeting. Signatures were of property owners and other interested persons requesting that the developer of Valley West Estates be prevented from including mobile homes in this development., Of the following people speaking to this matter, the majority were against allowing homes to cone in the development for various reasons -- mainly they feel it would lower the value of their property, don't like the looks of it and were not told that this was going to happen. Others were homeowners in the area, builders and real estate representatives. Howard Cole, 401 No. 44th Avenue, Ida and Jerry Franklin, 1509 Valley , West Avenue, John Brooks, Bill Kunze, 1503 So. 75th Avenue, and Yonalda Wilson, are purchasers of homes in this development; Mike Hartoon, 1503 So. 74th Avenue and Durwood Hartoon, 1209 So. 45th Avenue, Builders; Lou Alderman, Bob Hooper and Anita Talbot, Realtors; Adele ChaMbers, Com- merce Mbrtgage, Bob Smith, Ernest Beehler, 7402 Zier Road (was against the development in 1977), and Jeff Evans, 1603 So. 72nd Avenue, are property owners in the vicinity of this development; and other inter- ested persons, John Bateman, 1706 Conover Drive, Fred Witham, 3601 Richey Road and Dan Demmick. John Bressen explained that he has pur- chased in Tieton Green Estates and 20% of the plots are still available and asked if something like this could happen there. Carol Darby stated that as long as they meet the regulations, the Uniform Building Code, County and City requirements and HUD standards, and are in a designated area or part of a subdivision, it could happen. Howard Cole asked why this amendment was approved only by the City Manager and not the City Council. Mayor Edmondson explained that the Council has given authority to the City Manager to handle outside utility agreements in a routine manner. In discussion, council members indicated that there does not seem to be anything that can be done at this time to make any changes in the outside utility agreement or amendment regarding the mobile homes in this development. Carol Darby again ,stated that the sdbdivision,and zoning regulations are in order. These are single family lots with no change in the character of the area as far as the residential use. She further stated that there is no change that can be made unless the City rescinds the outside utility agreement. There was nothing further added to the discussion from the public and no action was taken by the Coun- cil. Larry Wright, Principal Planner, explained that a request has _been received from John M. Roche and James S. Slegel to the City Council asking that all the conditions of approval for outside utility service to the property located at the intersection of Fruitvale Boulevard and II/ 40th Avenue, be rescinded. He reviewed the staff memo Which outlined the conditions upon Which the Council had granted approval of the out- side utility service to this property for the purpose of constructing a neighborhood shopping center and the request from Mr. Roche and Mr. Siegel in Which they asked that these conditions be rescinded. They listed the conditions of the remuneration and annexation under which they wish to be allowed to use City water and sewer. Staff recommended that the City Council reaffirm their original decision, inasmuch as in their opinion, the request submitted by the proponents for the develop- ment provides no new information or evidence indicating a change in the situation from the time of council's original decision. After dis- cussion, it was MOVED by Hinman, seconded by Crest that the recommenda- tion of staff be approved and the request to rescind the conditions of approval of this outside utility service be denied: carried, Buchanan, Carmichael, Crest, Doty, Edmondson, Hinman, and Beauchamp voting aye by voice vote. *It was MOVED by Hinman, seconded by Doty that Resolution No. D-4278, authorizing the execution of an agreement with the State Department of 0 7 3 JULY 1, 1980 Transportation regarding water treatment plant access road, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and -Hinman voting aye on rol l call. RESOLUTION NO. D-4278, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the State cf Washington, Department cf Transportation, for the transfer to the City cf a roadway. Item NO. 10 on the Agenda, Updated report from Director of Public Works and Transit Manager re: Proposed Changes for City Transit System, having been continued from the previous week, Was further continued for an additional week. II/ - Carol Darby, Director of Community Development, reviewed the upcoming th schedule on the 1981 Community Development Block Grant Proposals. She stated that there will be a review of the program at the next study session and two Cbuncil hearings have been set for hearing of the pro- posals - July 8 and July 15, 1980. She further stated that this is the third year of the three-year program and they will be formulating a new - three-year program. MS. Darby reported that a total request for $114,000 has been received, which is greater than the grant that is coming and pointed out that they would be reviewing the staff analysis and how they put these requests in priority. She also stated that they will have an evaluation of our existing programs. It was MOVED by Hinman, seconded by Doty that the Council approve the report from Carol Darby, Director of Comnunity Development regarding Airport Advisory Commission appointments and extended terms of three existing Commissioners, Bob Jose and Bill Whitaker, Whose terms expire June 6, 1980, and Don Emeridk Who has resigned, until such time as new appointments are made: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. . It was MOVED by Hinman-, seconded by Doty that Resolution No. D-4279, authorizing the execution of an agreement with Donworth, Taylor and Co., for labor relations consulting/negotiation services, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. RESOLUTION NO. D-4279, A RESOLUTION authorizing and directing the City Manager and City Clerk cf the City of Yakima to execute an agreement with Donworth, , Taylor and Company for labor relations consulting/ negotiation services. *It was MOVED by Hinman, seconded by Doty that Resolution No. D-4280, amending. the -schedule of fees for recreational activities cf the Parks & Recreation Department, be passed: carried, Beauchamp, Buchanan, Car- michael, Crest,. Doty, Edmondson and Hinman voting aye on roll call. RESOLUTION NO. D-4280, A RESOLUTION adopting a schedule of fees for II/ recreational activities of the City of Yakima Department of. Parks & Recreation. * It was MOVED by-Binman, seconded by Doty- that Resolution No authorizing the payment of $50 to Mrs. Elizabeth Neifert Harris in payment cE a claim for damages caused to her sidewalk during the removal of volcanic ash, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. RESOLUTION NO. D-4281, A RESOLUTION authorizing payment of $50 to Mrs. Elizabeth Neifert Harris in settlement cf a claim for damages filed with the City of Yakima on June 10, 1980. *It was MOVED by Hinman, seconded by Doty that Resolution No. D-4282, denying the claim of Jack Sousley for damages allegedly caused by leak- ing water pipes, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll calI. RESOLUTION NO. 4282, A RESOLUTION denying the claim of Jack Sousley, d/b/a J & B Development, filed with the City of Yakima on April 29, 1980. L) JULY 1, 1980 *It was MJVED by Hinman, seconded by Doty that Resolution No. D-4283, denying the claim af Robert C. Nordstrom for damages caused When a tire on vehicle struck a manhole cover, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. RESOLUTION NO. D-4283, A RESOLUTION denying the claim of Robert C. Nordstromifiled.with the City of Yakima on April 15, 1980. .. . *It was MOVED by Hinman, seconded by Doty that the report of the City Treasurer for April and May, 1980 regarding the investments of the City of Yakima be accepted and approved: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. City Manager Zais referred to an off-agenda item, an emergency change Ili ' order pertaining to the treatment plant. He explained the contractor - has been doing emergency directed work and that three such change orders have been submitbed. He stated that the recommendation is to pay $70,000 of the $92,000 -- that the other costs need to be reviewed. . Also, the request will he made for reimbursement from FEMA. After discussion, it was MJVED by Buchanan, seconded by Carmichael to auth- orize payment cf on the requested change order: carried, Beau- champ, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. City Manager Zais reported on another to be discussed -- a vacancy on the Police & Fire Civil Service Commission. He stated that applications have been received from four candidates for potential appointment. He recommended to the Council for confiimdtion, the appointment of Charles Lee for the position on the Police & Fire Civil Service Commission. After discussion, it was MOVED by Hinman, seconded by Carmichael to accept the City Manager's recomnendation to appoint Charles Le& to fill the vacancy on the Police & Fire Civil Service Commission: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. There was discussion regarding the Whole question of annexation, outside utility agreement policy, etc., and at the alternatives might be. Council members indicated a need for a study session or a special neet- ing on this matter in the future. Its af information supplied to Council were: letter from Seattle- First National Bank re: Interim warrant financing -- Mt. Saint Helens cleanup. 6/6/80; letter from House af Representatives, Olympia -- re: Mayor's participation in special briefing. 6/24/80; letter from Price Waterhouse & Co. -- re: Tax refunds or deductions available to those Who incurred losses from the Mt. Saint Helens eruption. 6/9/80; monthly report from Airport Manager for April, 1980; copy of magazine article on cycling -- from Councilman Buchanan; copy of King County Dept. of Public Works Employee News, June, 1980; Planning Commission Agenda for meeting of July 1, 1980; memo from Director of Community Development -- Status report re: Fairview-Sumac Outside Utilities. 6/17/80; and letter af appreciation from Division of Aging. 6/25/80. II There being no further business to cane before the Council, it was MOVED by Hinman, seconded by Carmichael that this meting he adjourned at the hour af - 6:50 P.M.: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting voice vote. , I i 0 READ AND CERTIFIED ACCURATE BY Y Vi-- -■-, DATE I "1 !!;\.. ;0 LMAN ' r - DATE;4/6P e•UNCILMAN ATTEST: ' lien 0 MAYOR •