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HomeMy WebLinkAbout08/22/1989 Business Meeting • . 241 • • • AUGUST 22, 1989 • BUSINESS MEETING • 1. ROLL CALL • The City Council met in session on this date at 2:00 P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat • • Berndt, presiding, Council members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael, Jerry Foy and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, and City Clerk Roberts also present. 2. INVOCATION • The Invocation was given by Council member Foy. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Dave Flaherty, Parks and Recreation Manager, introduced James • Chang and Frank Fang of the Chinese Folk Sports Troupe from Taiwan, who are in the Pacific Northwest with a performing troupe consisting of 28 students, of which 21 are from our sister city, Keelung. Pei -E Ln gave a performance using a diablo. The Troupe will be performing this evening at Eisenhower High School at 7:00 P.M. Mayor Berndt announced artwork from Keelung will be presented at the Allied Arts Festival in the Park this weekend. • Mayor Berndt reported Ines Rice, Co- Chairman of the U.S. Constitution Bicentennial Committee scheduled a dedication ceremony on September 13, 1989 at 1:00 P.M. at the Courthouse where the Freedom Shrine documents will be displayed. III Mayor Berndt announced the City and City Council is receiving this year's ArtsVan Award this Friday evening at 6:00 P.M. • 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, • questioning whether there were any additions or deletions from ' either Council members or citizens present. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY CARMICHAEL, SECONDED BY SIMS, THAT THE CONSENT AGENDA, AS READ, BE PASSED. Unanimously carried by roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion • without further discussion.) *5. APPROVAL OF MINUTES OF THE COUNCIL MEETING OF AUGUST 1, 1989 • The Council minutes of August 1, 1989 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPAT[ON Ron Anderson, 2002 Englewood, Suite A, stated he addressed Council several months ago presenting a concern about licensing private security officers. At that time he was told about a Bill before the State Legislature and before taking any action, Council wanted to wait and see if that Bill would become law. He reported the Bill was not passed. He said he thinks the City's ordinance is good; however, it is not being enforced and there are a lot of in- house security officers who are not regulated. He said if something happens and one of these unregulated officers is involved, the City would be liable because it did not enforce its ordinance. He stated he would like an amendment made to the ordinance regarding in -house security officers. Barbara TerKeurst, 115 No. Naches Avenue, No. 1, stated she is the manager of the Naches Court Apartments. She described the events AAD/ 1 2 4 2 ' AUGUST 22, 1989 occurring in the neighborhood during the weekend evenings involving teenagers speeding, screaming, littering and using the alley as a urinal. She said the apartment complex does not have off - street parking and the tenants are concerned about parking their vehicles down the block. She said there are ten on -street parking spaces in front of the apartment complex and the tenants would like permission to purchase parking permits to use five of these spaces. She said they are willing to pay $10 per month per space for the parking permits. Mayor Berndt stated this request would be referred to staff and noted the Police Chief is present hearing her complaints regarding speeding. 7. PUBLIC MEETING ON APPEAL OF HEARING EXAMINER'S DECISION REGAMING ADMINISTRATIVE ADJUSTMENT FOR SIGN AT 1808 NORTH FIRST STREET, REQUESTED BY TIGER BIN MINI MART This being the time set for the public meeting on the appeal of the Hearing Examiner's decision regarding the administrative adjustment for a sign at 1808 North First Street, each Council member declared . they nad read the material in the Council packet and had no contact from anyone regarding this issue. Jim Lust, attorney representing the applicant, John Kincheloe, stated the applicant has a problem because Exxon (his lessor) is no longer allowing signs not belonging to Exxon on its poles and obtained a permit for a new sign, and staff is saying his client isn't in compliance by keeping the existing sign. He reported his clients weren't advised about the new sign permit being issued. He said not having a sign would be a detriment to the applicant's mini mart business. He said at the Hearing Examiner's public hearing he gave three alternatives. Mr. Kincheloe would like Council to authorize continuous use of the second sign. The second acceptable alternative was to allow them an opportunity to go back to the Hearing Examiner and get all the parties together and attempt to resolve the issue. Council member Barnett referred to the letter from the City Attorney, stating he interprets the City Attorney's position is that neither the Council, nor the Hearing Examiner, has jurisdiction to join the three parties which would effect the alternative of sending it back to the Hearing Examiner. He asked if Council has jurisdiction to • join the parties. City Attorney Vanek stated Council has two options; agree with the Hearing Examiner or disagree with the Hearing Examiner and grant the administrative variance. Referring to the question of being able to join the parties; he said he spoke with the Hearing Examiner and was unable to find any basis for joining Mr. Kincheloe and the property owner because at the outset the mini mart was not required to be given notice or joined. Council member Foy asked if this is remanded for the Hearing Examiner to take additional information that was not available at the time of the hearing, then at that point, using the word "joining" the tenant and the landlord, we are not really asking him to join, but to hear all participants. He asked if we could remand it back for additional testimony and have the Hearing Examiner make his ruling. Mr. Vanek stated what Council `member Foy is proposing is a matter of joining, which in the legal sense is not joining, but Council, in an order of remand, could request the Hearing Examiner to take additional testimony regarding "these" subjects from these parties and see if the Hearing Examiner reaches a different conclusion; that may require Tiger Bin Mini Mart to give testimony. Council member Sims asked Mr. Lust to review the terms and termination date of the lease Mr. Kincheloe has with Tiger Oil. Mr. Lust stated originally this was one lease and then the Mini Mart was sold; they are on one parcel of property. Mr. Kincheloe stated he has seven more years on this lease. Council member Beauchamp stated he drove by this property and saw two signs; a Tiger Oil sign and one for the Mini Mart. He asked if the Mini Mart sign is the one that is illegal. Mr. Lust said it is; it is the one which will be removed. There being no other citizen present to speak to this issue, Mayor Berndt closed the public meeting. Council member Carmichael asked if there is anything unique about this situation that makes it different from a landlord /tenant relationship dispute about signs. Mr. Vanek stated Mr. Kincheloe may have rights against his landlord for the loss of the use of that sign. Council has jurisdiction because of AAD/2 • AUGUST, 22, 1989 2 4 3 • the.appeal on the administrative•variance. Council member Buchanan asked• why the City gave permission for a third sign. Mr. Vanek : ..stated the existing sign became unlawful when the, owner .sought and :;. - obtained permission under our ordinance -.to put .,in a new sign. :. Mr. ,Lust stated when Exxon first came to City Hall and said they :wanted to put-their sign in. a new location, the -City said they :could. do that if they took the old sign down,. which. was alright, • - ,except•the old sign was not owned just by Exxon; the applicant has • several..thousand . dollars invested in that sign. It was MOVED BY . .BARNETT,. SECONDED BY FOY, .TO REMAND THIS_ ITEM TO . THE HEARING EXAMINER TO TAKE ADDITIONAL TESTIMONY FROM TIGER BIN MINI MART AND EXXON OIL AND MAID; THE DECISION BASED UPON THE ADDITIIL FACTS. City Attorney Vanek stated it would be helpful if Council would specify what area of testimony is being requested. Council member • Barnett stated it would be testimony fram the parties that did not have an opportunity to appeal because they were not .aware this was happening at the time the new sign was granted .by. the City, and . , :.give the parties an opportunity to explain.further their interest • . . - in. the sign. City Attorney Vanek stated this motion. may not be possible under the law. He stated there was an application by Tiger Oil Company to. change this sign from the old to the new. That • action is finished and. Council can't take that, right away. If •.•t: wants additional testimony,. one area of suggestion as to .the.nature' for- which :variances can be granted under Municipal Code Section 15.08.170B.• The Motion was withdrawn by Council members • Barnett Foy. It was MOVED BY FOY, SECONDED BY BARNE,TT, '10 • REMAND THIS TO THE HEARING EXAMINER FOR FURTHER CONSIDERATION AND :. TESTIMONY RELATING TO THE INTEREST OF TIGER OIL AND TIGER BIN MINI MART -ARID THE OTHER ..EXXON PARTIES,•.IN RELATIONSHIP TO SECTION • • ,- 15.08.170B. Unanimously carried by voice vote. • 8. ..PUBLIC. HEARING ON RESOLUTION OF INTENTION TO CREATE APPLEVIEW SEWER LOCAL IMPRam 1ENT DISTRICT (SEE ORDINANCE. CREATING LID) °.This.being the time set for a public hearing on the ,Resolution of III .'Intention- to create Appleview Sewer Local Improvement District, • Rita- Germunson, •Office Engineer reviewed the staff-..report. She -said the_proposed sewer L.I.D. will serve parcels..and cost an estimated $286,200,•of which $55,000 will be the City's share, to be..reimbursed, through future sewer connection •charges. The ,f. estimated L.I.D.. assessment. for each parcel was based on an equal • ' share of .$4,800 -plus • $200 per unit .cost. She said this L.I.D. would resolve potential and .existing health .problems for failing sewer systems. Council member Barnett asked Ms. Germunson her _ opinion on the timef rame it would take, for the City's share to be `,recouped. •Ms. . Germunson responded. it would . take -five to seven years. Council member Beauchamp asked . about the percentage of ,• , signed outside utility agreements and- Ms. Germunson, said the percentage is 75.20 %. Mayor Berndt. opened the hearing for public - testimony. Jerry Sturgill, 211 Na. 65th Place,• spoke in favor of creating the local improvement district.. : He cited some of the problems he is having with water standing in his yard and his . attempted remedies. He said the. L.I.D. is desperately needed. Gary Garrett, 6702 Appleview, reported out of 18 hones in his - • neighborhood, six have had new drain fields-installed since 1980. - - • ,He said one neighbor has to pump his septic tank about every three months, and has two drain fields. Armand Doucette 217 No. 65th Place, stated the neighbor above him had to put in a drain pit, and -. - . the people living to the right of him .had to put in a drain • - field. He said he had to put in a drain pit and is in favor of the ..L.I.D. Council member Beauchamp asked Mr. Doucette.to explain the drain pit. Mr. Doucette stated if a person • needs another drain ' K. •field but doesn't have roam on the property for one, they put in a drain pit. He said he has a pit that is .20' long, 14' ._deep, with • 30' •of rock and knows it's draining off somewhere.. Larry Mathews, 805. So. 17th Avenue, stated he did not • want to.speak about this particular proposed .local improvement •district;r rather he has concerns about. the City underwriting $55,000 for this-project. He asked how much money has been underwritten by City residents for construction in • the County? Council member Foy :interrupted Mr. r Mathews to tell him this hearing is not the for for a Council • • . .candidate to question City. policy and do: politicking, but for AAU /3 • ' 2 4 4 AiIA1ST 22, 1989 Council to take testimony on the proposed L.I.D. Mr. Mathews said City residents experienced a 16% sewer increase and now that money is being used to finance development in the County. He suggested that the City's policy should be that local improvement districts be self - supporting. Bob Cunningham, 6510 Century, stated he lives at the bottom of the hill and never had any problem. Bill Clem, 6512 Century, stated he has never had.a problem and disagrees with the way the problem is being handled. He submitted a letter stating the basis of his protest. He closed his testimony by stating he would seek legal counsel if he is included in this L.I.D. Bill Campbell, 6514 Century, stated he is also at the bottom of the hill and doesn't have any sewer problems. He questioned whether his property can even be served by this proposed sewer line because his basement will be two feet lower than the sewer pipe. He stated it would be more logical for him to connect to a sewer line on Summitview. Rita Germunson stated the sewer line has not yet been designed, but it will be designed to benefit the property, including the basement. She said right now staff cannot exclude that property because it will be benefitted. If it does not benefit the property, the property would be excluded. Jane Kukuk, 66th and Lincoln, stated at the time her home was built they planned for the sewer service to be provided from 66th and installed a pipe to 66th Avenue. She said if they are serviced through Lincoln she is not sure she can use it. She said at this time she doesn't want to be included in the L.I.D. Ms. Germunson stated Mrs. Kukuk's property is at the end of the line and she is under a property exemption at the County, for which the assessment could be deferred. Mrs. Kukuk has a choice; she can be excluded since she is at the end of the line, or she can have her assessment deferred at 8% interest until the property is sold. She said it appears Mrs. Kukuk's property could be better served off 66th Avenue rather than Lincoln. There being no other citizen present .to speak to this issue, Mayor Berndt closed the public hearing. Council members discussed the situation surrounding the lots on Century and whether those lots can be served by this L.I.D. Dennis Covell, Director of Engineering and Utilities, stated if these lots can't be served by this sewer design, staff would return to Council to have those lots excluded from this L.I.D. Council member Foy asked if these four lots are eliminated from the L.I.D., does that increase the assessments for the other lots. Ms. Germunson stated that is correct. Following further clarification regarding these particular lots on Century, and Ordinance No. 3195 having been read by title, it was MOVED BY CARMICHAEL, SECONDED BY BUCHANAN, THAT THE ORDINANCE BE PASSED. It was MOVED BY FOY, SECONDED BY BUCHANAN, TO AMEND THE MOTION SO IF IT IS FOUND THAT IT IS NOT FEASIBLE TO SERVICE LOTS 14445, 14444, 14443 AND 14442, THEY BE EXCLUDED. Unanimously carried by voice vote. The question was called for a vote on the motion, as amended. Unanimously carried by roll call vote. It, was MOVED BY FOY, SECONDED BY BUCHANAN THAT LOT 14414 BE EXCLUDED. Following discussion regarding the option to defer the assessment for Mrs. Kukuk's property, the question was called for a vote on the Unanimously carried by voice vote. ORDINANCE NO. 3195, AN ORDINANCE providing for the improvement of certain property by constructing a pipe sewer with the necessary wye branches and manholes; establish a Local Improvement District, providing for the method of payment thereof, and creating a special • fund. 9. PUBLI;; HEARING ON PROPOSED NORTH AIRPORT ANNEXATION This being the time set for the public hearing on the proposed North Airport Annexation, John Elsden, Associate Planner, said this annexation was initiated by the City Council in August of 1988 and consists of 125 acres. He said the assessed valuation is $14.6 million according to the County Auditor's Office; the population of this area is 295 people; and the sales tax derived from this area last year was about $10,000. Mayor Berndt opened the hearing to receive public testimony. Mrs. Harold Matson, 2506 W. Mead, said they have about 4.5 acres at 24th Avenue and Mead. She said most of the people who have acreage have houses with deep basements, AAD /4 AUGUST .22 1989 2 4 5 septic systems and private wells. She, she doesn't see that • the City has anything to offer them except extra taxes, and she doesn't want that. John Johnson, 1512 South 27th Avenue, stated a -sewer .line was placed on 27th Avenue by United Builders and since ,then, he was informed the City has clouded the title' to his • property, which has something to do with the City's CCRC. City Attorney Vanek explained when an -individual in the County wants to connect to the City sewer, 'he is billed.a capital cost recovery charge (CCRC). The CCRC can be paid in one lump cash - .:payment, or the property owner can sign a deferred payment agreement; which creates a lien against the' property: Discussion ensued as to what may have clouded Mr. Johnson's title. Mr. Zais • • ,stated.staff will have to investigate this situation'further and then contact Mr. Johnson. Mr. Johnson stated there 'are other reasons for which he is opposed to this 'annexation. He said there -are a lot of people south of Mead who don't want to be annexed. He stated he.would like to have the definition of ownership because he believes signatures • on this petition may not be legal. said he ,understands you have to have the deed of contract with your lending , institute .fulfilled. Rusty Mulcahy, 1405 Hamilton, stated he and • his .wife are in favor of the annexation. There being no other citizen present to speak to this issue, Mayor Berndt the public hearing. Ordinance No. 3196 having been read by - title, it .. ,- * was MOVED BY CARMICHAEL, SECONDED BY SIMS, THAT THE ORDINANCE BE - 4 . PASSED. . Carried by 5-2 roll call vote. Barnett and Foy voting • nay. • ORDINANCE NO. 3196, AN ORDINANCE annexing property to the City of s , Yakima and zoning said property. • .•10. -.CONSIDERATION OF :RESOLUTION REGARDING HAZARDOUS .VEGETATION AND DEBRIS PROGRAM • -Bob Shampine, Code Administration Manager, was available to respond -(to questions. There being no citizen present to speak to this .issue, and Resolution No. D-5625 having been read by title, it was • - • • MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, • THAT THIS RE90LTTION BE ADOPTED. Unanimously carried by roll call vote. RESOLUTION ND. D -5625, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. REPORT FROM TRAFFIC. ENGINEERING REGARDING TRAFFIC SIGNAL AT 10TH AVENUE AND SUMMITVIE,W • • Mike Donahue, Traffic Engineer, stated staff has: submitted a report in response to Council's questions - from the previous Council :: meeting. .Tom Thomas,. 1313 Browne Avenue, spoke in support of the . installation of a traffic signal at 10th 'Avenue and Summitview. He :.y• stated- pedestrians have difficulty crossing at that intersection, particularly with the cars that speed on Sumnitview. Council , member Barnett stated he visited this intersection at about • .9:00 a.m. and watched an elderly gentleman attempt to the street. He said the gentleman would - take about three or four steps into the street and then hurry back to the safety of the curb. . Council member. Buchanan gave some history on this street, saying he • remembers several citizens petitioning for a traffic signal at Custer and Lincoln. He said if a traffic signal is installed at 10th Avenue and Summitview, it would encourage the use of 10th Avenue (also called Custer), further congesting the Custer /Lincoln intersection. He suggested correcting this problem too if a signal is approved ,for 10th Avenue and Summitview. Council Member •, Carmichael pointed out that Custer is a narrow street between . Summitview and Folsom, and then widens, 'creating a bottleneck • there. If a light is installed at Summitview and 10th Avenue, • • there may be more traffic because people can cross there, which will only compound the problem at Custer and Lincoln. . . Council should consider whether parking should be restricted on both sides of Custer, between - Brume and Folsom . It was MOVED • BY BOY, SECONDED BY BEAUCHAMP, THAT THE TRAFFIC ENGINEER DIVISION'S OPTICV A (using that portion of the 4th Street and Walnut signal . installation that can be adapted) BE ADOPTED. It was MOVED BY AAD /5 246 • AUGUST 22, 1989: BUCHANAN, SECONDED BY FOY, TO AMEND THE NOTION THAT AT THIS YEAR'S BUDGET WE INCLUDE THE STUDY OF HOW WE ARE (DING TO FINANCE THE REST OF THE PROGRAM. City Manager Zais requested clarification on the amendment. Council member Foy stated staff should bring back cost estimates to improve Custer, including a signal at Custer and Lincoln. Dennis Covell indicated he understands what information is being requested by Council. The question was called for a vote on the amendment. Unanimously carried by voice vote. The question was called for a vote on the motion, as amended. Unanimously carried by voice vote. 12. REPORT FROM PLANNING AND TRAFFIC ENGINEERING DIVISIONS REGARDING STREET LIGHT IMPROVEMENTS CN NACHES AVENUE Council member Barnett requested the question be divided in two on this issue. One question would be to approve the street lights and the second question would be whether this project is a public emergency. City Attorney Vanek stated the staff report indicated a resolution declaring an emergency would be available for this meeting, however, in order to prepare the resolution he needs information on the basis Council is declaring the emergency. Council member Buchanan stated he read the City Attorney's memo and stated this is an accumulation of more and more information and evidence which justifies this as an emergency. 011ie Nelson, 3302 Home Drive, stated it's in keeping with upgrading this area to have additional lighting. He said he supports the concept of the additional lighting and installation as timely as it can be done. Al Royal, Yakima Mall representative, stated he is also speaking for Mervyns and J. C. Penney since those; representatives had to leave the meeting. He said J. C. Penney has done lighting on the exterior of their building, as has the YMCA. He said it's a positive statement and timely, especially coning upon this marketing season. He said people become concerned when they get in a darkened area and fear what could happen to them. He said it may not be unsafe, but it's their perception. He said the enhan ha done as much as can be done on its private property t lighting. Council member Buchanan said in reading the Downtown Futures Plan, of which he quoted a statement, "Further for public areas where crime is perceived to be a problem, additional street /pedestrian lighting may. be proposed, with property owners bearing the additional operations and maintenance costs." He said with this provision to be discussed before the Regional Planning Commission on August 30th, he wanted to ask a landowner if they understood that that might be forthcoming. Mr. Royal stated the street lighting this is proposing is beyond the Mall's property r lines. Council member Buchanan referred to the emergency, stating in addition to the information Council has been getting here, a woman spoke under Audience Participation today pointing out where the problem is getting worse, just a block north of this area. It was MOVED BY CARMICHAEL, SECONDED BY SIMS THAT WE AUTHORIZE THE PROPOSED STREET LIGHTING PROJECT FOR 1989. Unanimously carried by voice vote. It was MOVED BY CARMICHAEL, SECONDED BY SIMS, TO DECLARE A PUBLIC EMERGENCY AND AUTHORIZE STAFF TO PROCEED WITH THIS PROJECT UNDER THOSE CONDITIONS. City [Manager Zais reminded Council members this action would require the preparation of .legislation. Council. member Barnett commented the definition of emergency under the law implies sudden or unexpected action requiring emergency action. He said he has been hearing about this problem for months and it appears with different planning or listening earlier to the pleas of different people, the failure to act at an earlier time does not constitute an emergency. Council member Carmichael commented there are bidding procedures that slow down the project and in order to get the street lighting for the most effective time, we are proposing calling this an emergency. Council,rnember Barnett stated the need is there; however, we would be waiving certain requirements by law and go against what is the law. Mayor Berndt spoke in favor of the emergency. She said it took a fair amount of time for the people involved to decide what is needed and the effective use of our dollars. Staff did not really have plenty of planning time after we received the input from the c niunity. She said the winter season is upon us and things get a little bit worse, people don't want to come down in this area. Council nearer AAD /6 247 AUGUST <!22, 1989 Foy referred to 011ie Nelson's acid Al Royal's .caMments about this being a positive thing and doing it in a timely fashion: He said .Council- took an oath of office to uphold the law and sometimes laws don't take into consideration changes that take p1ace...He he spoke with Joe Morrier, Yakima Mall, about putting festive lighting in; the trees on Naches Avenue. He said.'he told Mr: Me rrier he would bring this issue up to Council and how we would put in conduit so when that's done, there would be adequate lighting. lbe question was called for a vote en the motion. Carried:dy 6-1 voice vote. Barnett voting nay. 13. REPORTS -FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REGARDING C[TY HALL WATER DISTRIBUTICt REHABILITATION AND BOILER REPAIR AND ASBESTOS REMOVAL _ - Bob Shampine, Code Manager, distributed a piece of pipe from the • City . .Hall water distribution line,' "showing the amount of • corrosion in the pipe. Council member Foy' there are three .items on today's'agenda that - total $1,018,750 coming` out of the • •Public Works Trust Fund, leaving no more money in that fund; 'however, there is a health problem involved Mere. -City^ Manager Zais stated it raises the question 'of- . =what is • the long term question about this facility. This is an at -risk issue right now. If we. spend the money, we face a catastrophic situation. .Council member Barnett commented the Yakima Downtown Futures Plan states.we may want to build a new City Hall` on another lot. It was ' MOVED BY FOY, SDOONDED• BY BUCHANAN, THAT STAFF PROCEED WITH THE REQUEST OF THE ' REP ..Carried by 6=1 voice vote. Sims voting -• • nay. -• Council. member Sims stated he thinks this is pouring money . .`down a rat hole. *14. REPORT FROM SAFETY OOMMITTEE REGARDING MONTHLY VEHICLE ACCIDEtTT STATUS • . . The -lreport from the Safety Committee regarding monthly vehicle • accident status for July 1989, was accepted. *15. REPORT FROM DEPARTMENT OF FINANCE, AND BUDGET REGARDING 1987 GENEMAL EXAMINAFION The , report from the Department of Finance "and Budget' regarding the ' '1987 General Examination, was accepted. . *16. ' SECOND READING OF AN ORDINANCE AMENDING THE - 1989 BUDGET AND • /' APPROPRIATING FUNDS INTO THE WORKERS CCr9PENSATION FUND • ` • An' Ordinance appropriating funds into the Workers' Comensation - Fund, having been read by title only at the meeting, was brought before the Council for a second reading.` ORDINANCE NO. 3197, AN ORDINANCE amending 'the 1989 budget for the City of Yakima; and making an appropriation of $110,000 in the 514- • • Workers Compensation Fund for expenditure during 1989 for projected increases in insurance, claims and disability costs. *17:- SECOND .READING OF AN ORDINANCE: AMENDING THE 1989' BULGET AND • • APPROPRIAi'ING FUNDS FOR CONSTRUCTION OF BUS TUI J -OUT AT DAVIS HIC3i • SCHOOL ' ' An Ordinance appropriating funds for the construction ' of a bus turn -out at Davis High School, having been read by title only at ' the previous. meeting, was brought before the•Council for a second reading. • ORDINANCE NO. 3198, AN ORDINANCE amending the 1989 budget for the City of Yakima;• and making an appropriation of $9,000 in the 364- • Transit Capital Fund for expenditure during 1989 for engineering and construction costs of bus turn-out near Davis High School. • • AAb/7 248 A GUST 22, 1989 *18. FIRST READING OF ORDINANCES AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR: (NO FORMAL ACTION REQUIRED THIS MEETING) A. PUBLIC WORKS TRUFT FUND FOR STREETS • An Ordinance appropriating funds for resignalization and lighting improvement project, having been read by title only at this meeting, was laid on the table for three weeks, until September 12, 1989. B. I -82 /YAKIMA AVENUE INTERSECTION COG STUDY COST PARTICIPATION An Ordinance appropriating funds for the Yakima Avenue /I -82 III Intersection and Nob Hill Blvd. /I -82 Area Intersection study, . having been read by title only at this meeting, was laid on the table for three weeks, until September 12, 1989. . 19. OTHER BUSINESS City Manager Zais reminded Council there is no meeting next week . because it is the fifth Tuesday of the month. He stated the next meeting will be September 5, 1989, which is the earliest the resolution declaring an emergency for the Neches street light project can be brought. Council member Foy asked who is going to coordinate the study of the lights and the trees on Naches Avenue. Jerry Copeland stated the lighting being discussed is area lightinj on the City's sidewalk; we are not talking about the lighting in Naches Avenue. He stated that committee has met and analyzed the trees but the plan is not developed yet. Council member Foy said while electric lines are being run there perhaps staff should check into outlets for placing festive lights in the trees on Naches Avenue. Mr. Copeland said the *.existing lights on Naches Avenue will remain and if we develop anything north or south, staff will keep this in mind. Council member Barnett asked how many Council members will be attending the Eastern Washington Legislators meeting this Saturday III in the Tri Cities. Council member Buchanan said he would appreciate more than a one week notice before the meeting is scheduled. Council members Barnett and Foy indicated they would be attending this meeting. Information Its: Items of information supplied to Council were: August 15, 1989 article from Seattle Post- Intelligencer, "Bipartisan Effort Aimed at County Crime"; Agenda for the August 23, 1989 Yakima District Board of Health meeting and minutes of its July 26, 1989 meeting; and Monthly Personnel Division Reports for August 1989.. 20. EXECUTIVE; SESSION WARDING PROSPECTIVE LITIGATION It was MOVED BY BUCHANAN, SECONDED BY CARMICHAEL, TO MOVE DOD EXECUTIVE SESSION FOR APPROXIMATELY SEVEN MINUTES FOR THE PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION, `WI'T'H IMMEDIATE ADJOURNMENT THEREAFTER. Unanimously carried voice vote. 21. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at the hour of 5:00 P.M. III READ AND CERTIFIED ACCURATE BY: / S. IL ''iD BER MATE . C81 42. /1/41 CIL ) : 0■• DAT£ ATTEST: &A-e=1"--"_ >j 4-454e} e- C2?-11J-__S„,S2zz,42:__ , CITY CLERK MAYOR "+