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HomeMy WebLinkAbout09/25/1979 Business Meeting SEPTEMBER 25, 1979 345 The City Council met in session on this date at 7:00 P.M. in the Council Chambers of City Hall, Yakima, Washington; Mayor Betty L. Edmondson presiding, Council members Lynn Buchanan, Don HinMan, Nadine Lee and Gordon Wonder and City Manager Zais and Assistant City Attorney Vanek present on roll call. Councilman Henry Beauchamp present after 8:35 P.M. Councilman Jack Sparling absent. The Invocation was given by Mayor Edmondson. Mayor Edmondson referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Councilman Wonder requested that Item No. 16 be removed from the Consent Agenda. Councilman Hinman requested that Items No. 23, 25 and 31 be added to the Consent Agenda. John Klingele, a citizen, requested that Item No. 4 be removed from the Consent Agenda. It was the general consensus of the Council that the deletion of Items No. 4 and 16 and the addition of Items No. 23, 25 and 31, as requested, be made. The Acting City Clerk then read the Consent Agenda items, including Resolutions and Ordinances, by title. It was MOVED by Wonder, seconded by Buchanan that the Consent Agenda, as read, be passed: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Beauchamp and Sparling absent. (Subsequent para- graphs preceded by an asterisk (*) indicate items on the Consent Agenda to be handled under one motion without further discussion.) John Klingele, a citizen, referred to page 339 of the September 11, 1979 Council minutes stating that he would like the phrase "for park pur- poses" included in his statement referring to the City Charter, follow- ing "City is not allowed to purchase property". It was MOVED by Hinman, seconded by Buchanan that the minutes of the September 4, 1979 'meeting and the minutes of the September 11, 1979 meeting as corrected, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly, be approved: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Beauchamp and Sparling absent. Mayor Edmondson commented on the editorial in the September 20, 1979 Herald-Republic issue regarding the City's budget process. She stated that she called them early in the morning and told them that some of their facts were inaccurate. She stated that she is unhappy with the article and the fact that the second edition was not corrected. Council member Lee stated that she too was unhappy with that Editorial. Councilman Wonder stated that the Editorial is an opinion of the Editor. This being the time fixed for the hearing on the assessment roll for L.I.D. No. 1017,_Larsons Lots Irrigation District and no one present wishing to speak to this matter, it was MOVED by Hinman, seconded by Buchanan that _Ordinance No. 2329, confirming the assessment roll for L.I.D. No. 1017, be passed: carried, Edmondson, Hinman, Lee, Wonder and Buchanan voting aye on roll call. Beauchamp and Sparling absent. ORDINANCE NO. 2329, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 1017 as created and established by Ordinance No. 2161 of the Ordinances of the City of Yakima. This being the time fixed for the hearing on the assessment roll for L.I.D. No. 1018, Ranchette Subdivision Sewer District, Ken Colvin, 708 Pickens Road, objedted to his assessment. He related the process used to form the L.I.D. The city Engineer gave the area residents an estimate and based on that they agreed to proceed with the L.I.D. The bids.were let and then they were told that the bids came in over the estimate. They were told that the bid came in at approximately $77,000 and the estimated bid was approximately $45,000. He stated that they weren't told that there would be engineering costs added to the $77,000. He stated that he feels he has been mislead. Bryon Smith, 709 Pickens Road, stated that he submitted a letter to the City Clerk in protest to his assessment. He stated that he understands that the engineering fee is about $13,000 and it is more than he anticipated. Mayor Edmondson read into the record the names and addresses of residents who submitted . letters of protest, as follows: Bryon L. Smith, 709 Pi Road; Hal Ebner, Pickens Road; Lynn Erickson, 704 Pickens Road; Stanley Serafin, 801 Pickens Road; W. L. Treglown, 618 Pickens Road; and William and Lois Eakin. Mr. Smith presented another letter from Walter Weeks, 705 Pickens Road, objecting to the assessments, stating that the misrepresentation of information given to the property owners represents a fraud. He request ed that the City waive the engineering fees and only • 346 SEPTEMBER 25, 1979 charge on the actual cost to put the line in or an appeal will be filed. Bill Eakin, 622 Pickens Road, stated that most of the people don't object to the actual cost of the project, but object to the loading of additional costs. Hal Ehmer, 617 Pickens Road, objected to his assessment stating that the difference of $90,000 for the final project and $77,000 of the contract is a bit much. Scott Wilson, 802 Pickens Road, spoke about the condition of the road around the curve stating that the loose gravel comes onto the roadway and additional asphalt needs to be laid dcwn. There being no one further wishing to speak, the public portion of the hearing was declared closed by Mayor Edmondson. Council member Lee stated that she understood that this extra amount was ' taken to the people and they voted to absorb the extra costs. Carol Darby, Director of Community Development, gave some background information on this project. The L.I.D. was formed on August 14, 1978 with a preliminary estimate of $45,000 (including Engineering costs), based on $30.00 per lineal foot. In October a lot was dropped from the L.I.D. The engineering staff designed two alternatives -- one design having the line going down Pickens Road and the other design having the line going in the back of the lots, and both alternatives were bid. She II/ stated that the records do not have anything in it regarding meetings with the citizens. She stated that staff spoke with Herb Mayer, former City Engineer, about this and he said he had talked with the citizens and they agreed to go with Alternative A. Mayor Edmondson stag that Mr. Colvin remembered the amount of the construction bid, but could not remember any engineering fees being discussed. Miss Darby stated that maybe the City Engineer did not mention that the $77,000 figure did not include engineering costs. The engineering costs were figured at 14%, which is normal; it is actual time costs. Councilman Wonder expressed concern that another public hearing was not held when the bids came in above 10% of the estimate. Miss Darby stated that it is a policy to go back to the people and try to work something through first. Councilman Wonder inquired if staff has a recommendation for solving this difference. Miss Darby stated that she does not, however, one alternative may be to take those funds out of the Water-Sewer Fund, if possible. It was MOVED by Hinman, seconded by Buchanan to have staff come up with a solution for funding and advise Council of any legal ranifications: carried, Buchanan, Edmondson, Hinman, Lee and Wonder ' voting aye by voice vote. Beauchamp and Sparling absent. Mayor ' ' Edmondson announced that this hearing has been continued until further information has been received. This being the time fixed for the hearing on the assessment roll for L.I.D. No. 1019A, Airport Industrial Park Domestic Water District and L.I.D. No. 1019B, Airport Industrial Park Fire District and no one present wishing to speak to L.I.D. No. 1019A, it was MOVED by Hinman, seconded by Lee that Ordinance No. 2330, confirming the assessment roll for L.I.D. No. 1019A, be passed: carried, Hinman, Lee, Wonder, Buch- anan, and Edmondson voting aye on roll call. Beauchamp and Sparling absent. ORDINANCE NO. 2330, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 1019-A as created and established by Ordinance No. 2216 of the Ordinances of the City of Yakima. There being no one present wishing to speak to L.I.D. No. 1019B, it was MOVED by Lee, seconded by Hinman that Ordinance No. 2331, confirming the assessment roll for L.I.D. No. 1019B, be passed: carried, Lee, Wonder; Buchanan, Edmondson and Hinman voting aye on roll call. Beauchamp and Sparling absent. ORDINANCE NO. 2331, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 1019-B as created and established by Ordinance No. 2217 of the Ordinances of the City of Yakima. This being the time fixed for the hearing on the assessment roll for - L.I.D. No. 1021, Pierce Street Water District, John Klingele, a citizen, asked why the fixed charges were $20.00 instead of $30.00 like the other Carol Darby, Director of Development, stated that this L.I.D. was started before the fixed L.I.D. charges were increased. There being no other citizen present wishing to speak to this matter, it was MOVED by Hinman, seconded by Lee that Ordinance No. 2332, confirming the assessment roll for L.I.D. No. 1021, be passel: carried, Wonder, Buchanan, Edmondson, Hinman, and Lee voting aye on roll call. Beauchamp and Sparling absent.. SEPTEMBER 25, 1979 347 ORDINANCE NO. 2332, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 1021 as created and established by Ordinance No. 2218 of the Ordinances of the City of Yakima. This being the time fixed for the hearing on Petition No. 940, filed by Burlington Northern, Inc., requesting annexation of 23 acres of certain property bordering on the corporate limits of Yakima, along the east and south boundaries, and no citizen present wishing to speak to this matter, it was MOVED by Wonder, seconded by Lee that Ordinance No. 2333, annexing said property, be passed: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Beauchamp and Sparling Absent. ORDINANCE NO. 2333, AN ORDINANCE annexing property to the City of II/ Yakima, and zoning said property. I - This being the time fixed for the hearing on the rezone application of Washington Mutual Savings Bank, for property located in the vicinity of 205 North 4Oth Avenue, Council member Lee questioned the amount of property dedicated' for right-of-way by the Bank. Carol Darby, Director of Community Development, stated that staff tries to negotiate for additional right-Of-way when they cone in for a rezone. City Manager Zais stated that the action requested is to have Council request that legislation be prepared. This change was requested by the City Attorney so that he may incorporate the Council's findings into the Ordinance. It was MOVED by Lee, seconded by Hinman to instruct staff to prepare the legislation approving the said rezone request with the conditions outlined by staff: carried, Buchanan, Edmondson, ,Hinman; Lee. and Wonder . voting aye by voice vote. Beauchamp and Sperling absent. _ This being the time fix- for the hearing on the rezone application of U.S. Land Trust CoMpany, Inc., for property located immediately south of the intersection of Prasch Avenue and South 15th Avenue, Carol Darby, Director of Community Development, reported that this is a passive solar project and is one of the most exciting projects to come to staff in a Long time. There, being no citizen present wishing to speak to this matter, it was MOVED by Hinman, seconded by Buchanan to.instruct staff to prepare the proper legislation using the findings of staff: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Beauchamp and Sparling absent. This being the time fixed for the hearing on the rezone application of Robert Kellett for property located at 1406 Summitview'Avenue, Wanda Kellett, 226 So. 16th Avenue, spoke in. support of the rezone and re- quested that an emergency clause be included in the Ordinance because they are having problems in keeping the building in repair and would like to have their builder get started as soon as possible. City,Man- ager Zais explained the normal procedure the rezone would follow, stating normally- the rezone would take effect about 6 weeks from now. It was MOVED by Lee, seconded,. by Hinman to direct staff to prepare legislation for the Planned Development as requested by Robert Kellett with an emergency ,clause and bring it .back to Council at the next study session next -week, using staff findings and Mrs. Kellett's statement about.the.need for the emergency clause. Assistant City Attorney Vanek requested additional information on the.need for the emergency _clause. Councilman Hinman 'reported that .the greenhouse is by the sidewalk and there is a sign posted that says "Beware of Falling Glass". Mrs. Kellett reported that there is sane danger to their customers and to the people who work there. She reported that soma kids have been throwing rocks through the windows and the.glass is falling on the sidewalk. The question was called for the vote on the motion:. carried, BuChanan, Edmondson, Hinman„ Lee and Wonder voting aye by voice vote. Beauchamp and Sparling absent. . _ ... Mayor Edmondson stated that a, petition_has been. filed with the City Clerk by several property owners surrounding the Glascam project located between So. .46th _Avenue and So. 48th Avenue, between Summitview and Chestnut, regarding the fencing of the project. She read the petition, as..follows:. "We,. the undersigned owners of property located in the district .hereinafter described do hereby request that Glascam Builders be required to adhere to the final proposal of the 'Summitview Planned Development' as presented to and approved by the City Council in regard -to the masonary wall. A variance has been made by the Planning Com- mission to allow chain link fencing and arborvitae instead of a five foot masonry wall; as previously stated. We oppose the change of this • 348 SEPTEMBER 25, 1979 nature along 46th Avenue adjacent to the development on the basis of appearance due to disease and dying trees and the height these trees obtain obstructing our view". She 'stated that she has received several calls on this matter. Ray Rosenkranz, 106 No. 46th Avenue, requested that his name be added to the petition. Dave Lemke, 1 So. 46th Avenue, stated that no one in the neighborhood was notified prior to the three foot chain link fence being installed around the project. He stated that they were promised by the Planning Commission and Council that before any changes were made, they would be notified. (Councilman Beauchamp present after 8:35 p.m.) Mel Bunce, 4504 West Chestnut spoke against the modification stating that a three foot chain link fence changes the whole complex. Elwin Burch, 111 No. 46th Avenue, read some of his notes fran the community meeting held in July, 1978 at which Mr. Campbell had stated some conditions, which included that the outside will be offset with a masonry wall with plantings with automatic watering. He stated he did not consider the changing of a fence a minor change. Beverly Orteig, 4502 West Chestnut, spoke against the change in the fencing. Gerald Puyear, 1 No 46th Avenue, spoke against the change of the fencing being approved and objected to the lack of dust control. II/ Ray Rosenkranz, 106 No. 46th Avenue, spoke about the dust problem and the adverse effect it had on his orchard. He stated that he still protests the L.I.D. on 46th Avenue. Jim Purdin, 4509 W Chestnut, stated that he was looking forward to the five foot masonry fence because it would help keep the dust down and also keep the kids from climbing over the fence for a short cut. Adrienne Grant, 115 No. 46th Avenue, stated she thought the Planned Development was a contract and questioned the fact that Mr. Campbell will follow through with the rest of the requirements. Ron Whitaker, Attorney representing Glascam Build- ers, reviewed the process Glascam followed to get the modification and explained the modification in detail. He reported that the Planning Commission voted unanimously that this was a minor change. He stated Glascam went through the proper procedures and has spent almost $35,000 and if Council overturns this decision, then he requests that the City reimburse Glascam for the $35,000. Carol Darby, Director of Community Developuent, stated that she granted the minor modification based on the Ordinance, which she read. Miss Darby stated that a three foot chain link fence has been installed rather than the four foot fence granted in the modification. She stated that she spoke with Glascam and they will add the additional foot of fencing. Mr. Whitaker stated that the arch- itect had decided that it would not serve any purpose to put in a four foot fence, however, there is no problem in changing it. It was MOVED by Wbnder, seconded by Buchanan to request staff to consider this a major modification to the Planned Development: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Sparling absent. Carol Darby then requested direction fran the Council on what to consider a major or minor modification. It was the general consensus of the Council that that issue be discussed at a later date. Betty Gaudette, 701 No. 6th Street, representing the Northeast Neighbors Improvement Association, explained that the area involved covers 2nd Street east to North 10th Street and from "B" Street north to "I" Street. She stated that there have been neighborhood meetings throughout the summer and one of the problems defined was dog problems. She stated that Mr. Chinn has sane recommendations fran the Association to present to Council. Mr. Chinn, 514 No. 2nd Street, submitted a list of the recommendations made by the Association, which he reviewed. Marge Thompson, 1402 McKinley, related a problem she has with people II/ harrassing her dog and the resulting complaints fran the neighbors. Mayor Edmondson suggested Mrs. Thompson get some legal help. Harold Cost, 311 No. 7th Street, spoke about his concerns regarding dogs running in pacts during the night and early morning hours. He suggested that people who have been served with a warrant for violation of the leash law, should be made to put up a bond when they appeal and go to court. He urged stronger enforcement of the Ordinances and suggested that the collection of stiffer fines and bonds should be able to support an additional animal control officer to work the evening hours. Betty Gaudette submitted a list Of people who support this request. Del Trimble, Animal Control Officer, explained the current fine schedules. He suggested that Council set an amount for the fine in the Ordinance. He stated that the fine is fixed at the discretion of the Judge and in most cases the Judge is very lenient. Assistant City Attorney Vanek stated that Council can specify an amount for the fine, however, the court has the power to defer sentence. Councilman Wonder recommended that a Council Committee be appointed to work with the Northeast Neighbors Improvement Association. It was the general consensus of the Council that Council members Buchanan and Wonder serve on that Committee of the Council. SEPTEMBER 25, 1979 349 B. Ardis Nelson, 1101 East "A" Street, referred to a letter given to Council previously regarding the water drainage problems they are exper- iencing in that area. He asked if Council has done anything about the problem. He reported that water tested in that area is Shown to be polluted and is a health hazard. Dick Zais, City Manager, reported that he and Carol Darby, Director of Community Development, have reviewed this problem and he has requested a report on this. He stated that at this point, an identifiable solution has not been found. There is also some problem regarding the legal aspect of the City's responsibility. He stated that it is a major problem area and it is going to involve a considerable amount of money whether it is a City problem or not. Mayor Edmondson requested that staff keep in contact with Mr. Nelson, Mts. Adams, Mts. Norton and Mr. King to keep them updated on the City's efforts to solve this problem. Mr. Thomas King, 1009 East Yakima Avenue, reported the problem he has in that area and his need to continually pump water out of his basement. Valerie Wilson, 16 No. llth Street, reported the health problem she has with stagnant water standing in her backyard. She also reported that she had her septic tank pumped and the next morning it was filled again with water. Dorothy Adams, 1004 East 8th Street, told of the deterioriation of her house because of the water problem. Emily Norton, 9 No. llth Street, reported that she had her septic tank pumped and within two days it was filled again. Referring to the joint drainage study being conducted by the County and the City, Carol Darby reported that the County has narrowed the selection down to two consultants. She reported that the timeframe for completion is 6 to 8 months. She reported that staff has received conflicting opinions as to the cause of the problem from various eng- ineers. Council members questioned Miss Darby about possible funding sources and Miss Darby stated that EDA is the most logical funding source. Ines Rice, 4409 Arlington, stated a friend of hers had a similar problem and it was caused by plugged drains. John Klingele, 1312 West Walnut, inquired about the impact that Hughes Air West strike is having on the Airport budget. Mayor Edmondson stated that it is too early to realize the impact, but staff will bring a report. It was MOVED by Wonder, seconded by Buchanan that Resolution No. D-4148, authorizing the execution and delivery of a right-of-way doc- ument to Pacific Power and Light Company, be passed: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Beauchamp and Sparling absent. RESOLUTION NO. D-4148, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima to execute and deliver a right-of-way easement document to Pacific Power and Light Company. *It was MOVED by Wonder, seconded by Buchanan that Resolution No. D-4149, authorizing the segregation of an assessment in L.I.D. No. 1011, be passed: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Beauchamp and Sparling absent. RESOLUTION NO. D-4149 A RESOLUTION ordering segregation of an assess- ment in Local 3mprovement District No. 1011. Councilman Wonder expressed concern about the contract with APCOA for parking at the Air Terminal, stating that he thought the City should go out for bids for the operation of the parking lot. City Manager Zais reported that the lease has an option to renew for another five year period. He stated that he would check to see if it is an exclusive option. Carol Darby, Director of Community Development, stated that she indicated to APCOA that the increased rate would not automatically be included in the new lease. She stated that staff is requesting the two month lease to have the time to explore other options. It was MOVED by Hinman,. seconded by Buchanan that Resolution No. D-4150, authorizing the extension of a contract regarding management and operation of the Yakima Air Terminal Parking, with APCOA, be passed: carried, Edmondson, Hinman, Lee, Wonder, Beauchamp and Buchanan voting aye on roll call. Sparling absent. RESOLUTION NO.. D-4150, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a "Rein- statement, Modification and Extension Agreement; re management and operation of Yakima Air Terminal Parking" with APCOA Division, iTT Consumer Services Corporation, Cleveland, Ohio. . 35 0 ' SEPTEMBER 25, 1979 It was MOVED by Wonder, seconded by Buchanan that Resolution No. D-4151, authorizing the Abatement of fire hazards on private property, be passed: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Beauchamp and Sparling absent. RESOLUTION NO. D-4151, A RESOLUTION requiring the abatement of fire hazards on certain property, directing notice to property owners to Abate such hazards and, in the alternative, authorizing abatement by the Fire Marshal. It was MOVED by Wonder, seconded by Buchanan that Resolution No. D affirming the action of the Planning Commission in denying the ' rezone of property situated at 62 and 64 West Mead Avenue, as requested ' by Hobart Wbaver, be passed: carried, Budianan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Beauchamp and Sparling absent. RESOLUTION NO. D-4152, A RESOLUTION affirming the action of the Planning II/ Commission in denying the rezone of property situated at 62 and 64 West Mead Avenue in the City of Yakima, Washington, from R-2, Two Family Zone to B-3, General Business Zone; and repealing Resolution No. D-4114, adopted July 10, 1979. It was MOVED by Wonder, seconded by Buchanan that the report of the City Engineer dated August 29, 1979, with respect to the completion of the work on Pierce Street Paving, L.I:D. No. 1020 performed by Yakima Asphalt Paving Company, be approved, the work be accepted and payment of the final estimate as therein set forth is hereby authorized: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Beauchamp and Sparling absent. *It was MOVED by Wonder, seconded by Buchanan that October 9, 1979 be set as the date of hearing on TRI-Al-CO Rezone request: carried, Buch- anan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Beau- Champ and_Sparling absent. *It was MOVED by Wonder, seconded by Buchanan that October 9, 1979, be set as the date for a public meeting for the approval of the Tancara Final Plat: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Beauchamp and Sparling absent. City Manager Zais reported that the Central Washington Fair Board reported to him that they would like to withdraw their request for additional his service during the week of the Fair, because of lack of time to do proper advertising. Mayor Edmondson suggested that the Fair Board should bring this request to Council earlier next year. It was MOVED by Wonder, seconded by Buchanan that Resolution No. 914153, authorizing the execution a contract modification extending CETA funding through December 31, 1979, be passed: carried, Budhanan, Edmondson, Hinman, Lee, and Wonder voting aye on roll call. Beauchamp and Sparling Absent.' RESOLUTION - NO. D-4153, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a contract modification with the Yakima County Department of Human Services, Division of Manpower Development, for the extension of CETA Programs in the City of Yakima. It was MOVED by Hinman, seconded by Lee that Resolution No. D-4154, II/ authorizing the acceptance of a letter of agreement with Fred Porter for paying court-appointed attorneys fees for 1980, be passed: carried, Hinman, Lee, Wonder, Beauchamp, Buctanan and Edmondson voting aye on roll call. Sparling absent. RESOLUTION NO. D A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to accept a letter of agreement for paying courtappointed attorneys fees for the year 1980. It was MOVED by Wonder, seconded by Buchanan that Resolution No. D-4155, authorizing the execution of a "Statement of Agreement" for participation in a "Highway Safety Program Analysis", be passed: car- ried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. - Beauchamp and Sparling absent. RESOLUTION NO. D-4155, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a "Statement of Agreement" for participation in a "Highway Safety Program Analysis". SEPTEMBER 25, 1979 351 It, was MOVED by Hinman, seconded by Wonder that Resolution No. D-4156, authorizing the execution of an agreement with. Yakima County and Yakima County Transportation Exdhange relating to transporting developmentally disabled and senior citizens, be passed: carried, Lee, Wonder, Beau- champ, Buchanan, Edmondson and Hinman voting aye on roll call. Sperling absent. RESOLUTION NO. D-4156, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Yakima County and Yakima County Transportation Exchange relating to transporting developmentally disabled and senior citizens. _ • City Manager Zais reported that staff net with-the people :requesting that Pitcher Street become a one street and with Yakima Music and Weaver Exterminating Service who Objected. to that proposal and an agree- ment has been reach ed as to the placemarit of various signs to direct traffic. It was MOVED by Lee, seconded by Wonder to direct staff to prepare ,„. proper legislation, bas on the staff. report _regarding Pitcher -Street: Carried, Beauchamp, Buchanan, Edmondson, „Hinman, Lee 11/ and Wonder voting aye by voice vote. Sperling absent. It was_MOVED Wonder seconded by Buchanan that Ordinance No. providing, for. the vacation of a portion of a street right-of-way as requested_by J.. R. GUstafson and Robert Lynch, be passed: _carried, Buchanan, Edmondson, Hinman, Lee and Wonder _voting aye on roll call. B•eaudhamp and.Sparling absent. ' ORDINANCE NO. 2334, AN ORDINANCE providing for the vacation of a portion of street_right-of-way within the City of Yakima, Washington and repeal- ing_City of Yakima Ordinance No. 2313, enacted July 10 1979. It was MOVED by Wonder, seconded by Buchanan that Ordinance No. 2335, prohibiting parking at all times on North 3Ist Avenue, between Summit- view.and_Rarge and on the south side of Haynes Street, between Pleasant ' Avenue _and, Queen ;Avenue, be passed: carried, Budhanan,_Edmondson, flimman,Lee and Wonder voting aye on roll call. Beauchamp and Sperling ' absent., ORDINANCE NO. ,2335, AN ORDINANCE relating to traffic control; prohib- iting parking at all times on certain streets within the City of Yakima; and amending Section 9.50,500 of the City of Yakima Municipal Code. . , *It was MOVED by Wonder, seconded by Buchanan that Ordinance No. 2336, amending the Compensation Plan for City employee's relating to, the City Engineer position, be passed: carried,,BuChanan, Edmondson,,Hinmen, Lee and Wonder voting aye on roll call: Beauchamp and Sparling absent. ORDINANCE NO". 2336, AN ORDINANCE .relating to City personnel; adopLing a Compensation Plan or City employees;_amending Section 2.20.110.of the City of Yakima Municipal Code; and declaring an emergency. . • *It was MOVED by Wonder, seconded by Buchanan that Ordinande No. 2337, levying the ad valorem taxes for 1980, be passed: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Beauchamp and Sparling absent. ' - _ ORDINANCE NO. .2337, AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures.for the 1980 budget for,the City of Yakima. It was the general consensus of the Council to continue the discussion on 'appointments to boards ,and commissions for one week. _ Mayor Edmondson reported that she received a. letter on Monday from Joyce Arthur, owner of Make-A-Wish Concession, in Whidh she requested Council ' to instruct staff to approve a vending licence for the upcoming Sunfair Parade. She reported that Ms. Arthur has an.established business in the Selah area and is a member of the Chamber of Commerce. Mayor Edmondson stated that administration denied her request for a vendor's license. She also stated that Council had given staff direction some time ago regarding their concern about this. It was MOVED by Lee, seconded by Hinman to uphold the denial for a vendor's license, made by staff: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Sperling absent. Mayor Edmondson stated that she would advise Ms. Arthur of this decision. 352 SEPTEMBER 25, 1979 Mayor Edmondson reported that Council has been invited to attend the award services at Eisenhower High School at which Susan Eisenhower, granddaughter of Dwight Eisenhower, will present a placque to the student body on October 8, at 10:00 a.m. She stated that the would like to know how many of the Council members will be attending so they can reserve seats. It was determined that all Council members will attend the affair. Mayor Edmondson proclaimed the week of September 23, 1979 as Rape ?ware - ness Week. Council member Lee suggested that Council send a letter to Seattle First National Bank thanking them for their policy of providing their emp- loyees with bus passes. City Manager Zais reported that Seattle First contacted him and they will give bus passes to their employees. He further stated that the pass will be developed at the regular rate. It was the general consensus of the Council to send Seattle First a letter. Councilman Wonder expressed concern about the Yakima Housing Authority's lack of action regarding the audit findings, and suggested that Council write a letter in response to Mr. Hargis' letter. He stated that he felt something stricter should be done by the Housing Authority other than just tightening their controls. Mayor Edmondson stated that when this was discussed last, Council had decided to wait until a statement came from the Attorney General's Office before any action be taken. Councilman Wonder stated that he felt that regardless of what the Attor- ney General's statement is, the City should let the Housing Authority Board know its feelings on this matter. Councilman Hinman reiterated what he said during the last discussion of this subject. He expressed some concern on haw the federal officials will view the community's action regarding this incident when the City applies for federal funds. He reported that after speaking with two members of the Board, he feels that by the Council's inaction, they are thinking we are not concerned. It was MOVED by Wonder, seconded by Hinman to write a letter to the Housing Authority Board telling them we are still concerned about this situation and we hope that it is clarified in the not too distant future and that it is not white washed, or words to that effect: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Beauchamp voting nay. Sparling absent. It was the general consensus of the Council to review the letter prior to its being sent. It was MOVED by Lee, seconded by Wonder to move into Executive Session for the purpose of discussing prospective . litigation and then adjourn the meeting. Councilman Wonder questioned if Council can only go into Executive Session to discuss pending litigation when the discussion of that can effect the outcome. Assistant City Attorney Vanek reported that all litigation may be discussed in Executive Session. He stated that part of the reason for that is because the relationship between the City Attorney, and the Council becomes the same as an attorney- client situation. Referring to recent newspaper articles, Mayor Edmondson questioned if Council should even continue to have Executive Sessions if confidentality of the session can't be maintained. Council member Lee commented on the necessity of Executive Sessions. The question was called for the vote on the motion: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Sparling absent. Items of information supplied to Council were: City Manager Memo to department heads re 1980 preliminary budget adjustments. 8/31/79; City Attorney's response to letter from Office of the Attorney General re Yakima Housing Authority. 9/11/79 and 9/13/79; letters from Yakima Valley Disposal, Inc., re refuse bin service. 8/20/79 and 9/13/79; and monthly report of the Chief of Police for August, 1979. There being no further to came be ore the Council, following the Exec- utive Session, the meeting was a 'o ed t the hour of 11:25 p.m. READ AND CERTIFIED ACCURATE BY DATE /4 COUNCILMAN DATE" ChOrPlr COUN 1 ATTEST: ^ / CITY RK / MAYOR