HomeMy WebLinkAbout11/17/1987 Business Meeting 17 ?
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NOVEMBER 17, 1987
BUSINESS MEETING
1. ROLL CALL
The. City Council met in session on this date at 2:;15 P.M. in the Council
Chambers of .City Hall, Yakima, Washington. Mayor Henry Beauchamp,
presiding, Council'.members Clarence Barnett, Pat Berndt, Lynn Buchanan,
Lynn Carmichael, Jerry Foy and Bernard Sims present on roll call. City
Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk
Toney also present. •
2. INVOCATION
The Invocation was given by Council member Foy.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council member Carmichael referred to the memorandum from the. City Attorney
regarding the status of legal claims against the City and requested that
the name of the original claimant be listed on the report as well as the
insurance company. City Attorney Vanek stated this information will be
included on future reports.
. City Manager Zaia indicated he received a call .from the Red Cross today
asking him to announce they are in. need of donations for the blood bank.
Those interested in making contributions were asked to contact the Red
Cross.
Mayor Beauchamp read a proclamation declaring Thursday, November 19,
1987 "Great American Smokeout Day" in the City of Yakima.. The
proclamation was accepted by Shelia Coleman, representative of the American
Cancer Society. .Battallion Chief Gene Martin of •the Fire Department,
stated a "kick off' meeting was held at Fire Station #1 this morning
regarding this year's campaign to "Kick Butts." He stated an Thursday,
November 19th 'all of the fire stations are going to be smoke free in
observance of the "Great American Smokeout Day."
Mayor Beauchamp read .a proclamation declaring November 15 -21, 1987,
"American Education Week" in the City of Yakima.. The. proclamation was
accepted by Jeff Wahlquist, representing UNISERV.
4. CONSENT AGENDA
Mayor Beauchamp referred to the items placed on. the Consent Agenda,
questioning whether there were any additions or deletions from either
Council members or citizens present. It was the general consensus of the
Council that Itan No. 8 be added to the Consent Agenda, as requested by
Council member Barnett. The City Clerk then,read the Consent Agenda items,
- including resolutions and ordinances by title. It was MOVED by Berndt,
seconded by Buchanan, 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 MEETINGS OF OCTOBER 27, 1987 AND • -
NOVEMBER 3, 1987.
The Council minutes of October 27 and November 3, 1987, were approved,
having been duly certified accurate by two Council members and no one
present wishing to have said minutes read publicly.
6. AUDIENCE PARTICIPATION
Lloyd Mullanix, 623 North 6th Avenue, stated since. his first appearance
before the City Council he has been canvassing the city and has obtained a
number of signatures in support of a property maintenance ordinance. He
recommended a warning citation be given to citizens in violation, and if
further violations occur, a fine of not less than $100 should be imposed.
Mr. Mullanix stated he believes such an ordinance should include 1) a
definition of neatness, 2) how high the grass should be, and 3) what should
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- be done: to the curbs in terms of maintenance. He - presented the petition
containing the signatures to the City Clerk. - •
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Kara Kondo, i addressed Council regarding an item' = of information she
distributed to. Council members just prior to the meeting today; that being
the Ethnic Video Competition; "A Dream Shared ." She stated this event is
' - sponsored iby the Ethnic Heritage Committee of the Washington Centennial and
is hosted by the Yakima Com Television: She commented this might be a
good opportunity...to involve the community in the Centennial'celebrations.
Mrs: -Kondo encouraged Council's support in this effort.
7. PUBLIC MEETING ON COUNCIL INITIATED REZONE OF PROPERTY IN THE 100 BLOCK OF
NORTH NACHES AVENUE, ON THE EAST SIDE, AS REQUESTED BY 'GENE P. MAYER
This being the time set for the public meeting on the rezone- of property
' - located' on-the east side of Naches Avenue, from Yakima Avenue to B Street,
Mayor Beauchamp asked Council members' to declare If they had had any prior
contact regarding this issue,' by proponents or opponents of the rezone.
Council member Barnett stated he had no :communication with anyone on this
issue, however, , would - like the' record to' show that Mr. Mayer had `made a
contribution to his campaign 'fund, and if there was anyone 'present who
felt this • might 2 be considered- a conflict- of interest or appearance of
fairness, • he. would abstain from discussing or voting on ' this issue.
, • Council member Carmichael stated she also had received a •campaign
, . contribution from Mr. Mayer, however, does- not believe this will influence
• any decision on this issue. •Barbara Harris, 1911 W. Yakifna. Avenue, stated
under the circumstances, she would prefer that Council members Barnett and
Carmichael disqualify' themselves and 'abstain from discussing -or voting on
this ' particular.' item. Council •member Barnett excused himself from the
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Council meeting at- this time. Council member Carmichael stated she would
like the record - to indicate that she ' does not agree with Mrs. Harris, but
will comply with her request. Mayor Beauchamp asked that 'the record
indicate Council members Barnett and Carmichael will not be discussing or
voting on this issue, and have tanpdrarily excused' themselves from the
Council Chambers .due to the appearance of fairness, rather than conflict of
' • interest'. • remaining Council members ' declared . they had not been
contacted by anyone -regarding this rezone request. At . Mayor Beauchamp's
request, Associate Planner Larry Lehman reviewed the staff report and
indicated this rezone application has been recommended for approval by the
Hearing Examiner. The request is to rezone property along Naches Avenue,
from Yakima Avenue to B Street, from R-3 (Multi-Family) to B-1
(Professional Business). He stated staff concurs with the Hearing
Examiner' s recommendation of- approval . Mayor Beauchanip opened the public
meeting for citizen 'comment at ' this time. Gene P. Mayer; 509 East
• Lincoln- Avenue, - applicant -for - rezone, stated this- particular property
, was •once • proposed. for - a- high' rise , multi-family planned development
however, not- enough people were interested .in' living at that location, and
the development was abandoned. He , stated her is - - Pow , proposing a
professional -two-story office building ' with a' penthouse-on the 'Upper level.
He indicated this: structure will be similar to the:: 300 Building he
• ' constructed on North 4th - -Avenue a few , •years . ago, but- on a , much smaller
• • ' scale. Addressing the •concern of the '-campaign contribution' voiced by
Barbara Harris,, Mr. Mayer stated his reason for making a contribution to
Mrs.. Carmichael' s campaign fund., and to that of - her opponent, is because
he has been, al.Yakima'busineasman for 35 -years and has an interest in this
, community. Mayor Beauchamp tasked the opponents of the rezone to address
Council at this time. Katherine Mann, -207 North Naches Avenue,' stated she
• ' objects, to -.the , rezone-because of the parking and traffic congestion already
' • present there, and because she would like • to ' see the parklike' atmosphere
, . along Naches i maintained. Referring. to the Urban Area • Zoning
• Ordinance and the parking regulations pertaining to professional
= ' buildings, ' Mrs ' Mann stated she does not believe there will •be adequate
• parking at the' proposed =location. Supervising Associate' Planner Don Skone
. assured Mrs •1 Mann that •the change ih • land , use will be . 'reviewed for
• . compliance to • the ' Urban Area Zoning Ordinance -prior to .'any construction
permit being -issued. Frances Hare, 905 South 12th Avenue, representative
of the Washington Trust -for Preservation and Archivist for the 'Yakima
Valley Museum. spoke against the rezone, expressing concern that the two
houses on ' the west side of Naches Avenue,. which were placed •on the
''• National Register just 'last year, will eventually be lost if this rezone is
approved. She asked bnce the east 'side of the-street -.is rezoned, what is
• to prevent the- , property owners, of those •two. houses - removing the
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structures for the purpose of building more modern office facilities. She
stated she shares the same concerns mentioned by Mrs. Mann . regarding the
parking situation and the traffic congestion on Naches Avenue, and she,
too, would like to see the park -like atmosphere retained. It was pointed
out to Mrs. Hare that-the west side of the street is. already. zoned for
business, and any Council action taken today will not affect property on
the west side of Naches Avenue. Barbara Harris, 1911 West Yakima Avenue,
commented she feels it is important to keep the parkways and preserve any
historical buildings in the city. Mrs. Harris stated the B -1 zone has a
height restriction of 35 feet and inquired about Mr. Mayer's application
which states the proposed building exceeds this limitation. Mr. Mayer
explained that the parking underneath the building was eliminated to comply
with the height restriction. Council member Foy, commented to Mrs. Harris
that Council is not contemplating approval of a building plan, rather, they
are discussing the, merits of a request for rezone of property from R -3,
Multi- Family, to B -1, Professional Business. Mayor Beauchamp reiterated
that even if this request is granted, Mr. Mayer will have to submit plans
and, specifications which are in compliance with the Urban .Area Zoning
Ordinance prior to a building permit being issued. Mrs. Mann stated page
7 of the Hearing Examiner's report indicates that the applicant may
request an amendment to the zoning ordinance. She inquired if this would
be done . at a public meeting. City Attorney Vanek indicated the issue would
first be presented to the Joint Urban Area Zoning Ordinance Committee for
discussion and then a. recommendation would be made to the City Council,
after . which a public hearing would be held to . allow citizens the
opportunity . to comment on the issue. There ,being no other citizen present
wishing to speak to this issue, the public meeting was closed. It was MOVED
by Foy, seconded by Buchanan, that the Hearing Examiner's recommendation be
approved, and the appropriate legislation be prepared. Unanimously carried
by voice vote. Council member Barnett and Carmichael abstaining due to the
• appearance of fairness. (Council members Barnett , and Carmichael returned
to the Council Chamber.s•following the vote on this issue.)
*8. PRESENTATION OF THE_1987 COMMUNITY TELEVISION PLAN AND ANNUAL REPORT
The report from the,Comrnunity Programming Advisory Committee regarding the
1987 Annual Report and Television .Plan, dated November 17, 1987, was
accepted. .
9. _.CONSIDERATION OF REQUEST FROM THE CONFERENCE OF GOVERNMENTS FOR FUNDING AND
CITY PARTICIPATION FOR 1988
Council member Buchanan expressed displeasure with, the fact that the City
is funding the YMATS program in the amount. of $3,000 and City staff is
used to perform the work, yet entities other .than the City of. Yakima are
the major beneficiaries of the program. He stated would like to see a
reduction in this figure. At the request of Council member Barnett, Mr.
Wyrick reviewed the method of assessment, .explaining the Yakima Valley
Conference of Governments has fourteen :member jurisdictions including
Yakima County and the other communities,, which are assessed 25.6 cents per
capita. The YMATS funding is an assessment that is .utilized specifically
within the urban area for continued transportation planning, special
studies on interchange improvements, traffic counts, as well as the census.
He explained that COG is the census clearinghouse for all of the
information in Yakima County. The $3,561 contribution, along, with the
general assessment, brings the total amount of the assessment to $16,259
for 1988. The. $3,000 mentioned, by Council member Buchanan comes from the
Transit Budget and is used to leverage those dollars. Of •:the $3,000
contributed by the City towards the UMTA planning and prograuning, $12,000
of .UMTA funds is returned to the City of Yakima for planning purposes. He
stated COG has been working with Transit Manager Bill Schultz to implement
programs, conduct analysis, complete the paperwork required with the use of
UMTA _ funding, People for People and other entities that provide
transportation for the elderly and handicapped. Council member Carmichael
expressed concern . that not all of the entities benefiting from the grants
processed by COG are equally sharing in the assessment. She suggested
Council review the formula currently being used for assessing the COG
membership. Discussion-ensued on the number of grants processed by COG and
the recipients of those grants. Mr. Wyrick explained that COG monitors
about 5 to 6 grants a month, and this figure sometimes includes Project
Head Start to school applications, and other non - profit. organizations
within the community.. Council member Carmichael stated a tremendous. amount
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of grants processed by COG have nothing to do with thee City of Yakima;
but rather, pertain to various School Districts, Head° Start or other
entities throughout the community. She asked if COG receives any type of
payment for -processing 'those grants, and , how much time is spent processing
-those rgrants ,versus - -'the City's grants. Mr Wyrick stated' .COG receives no
funding or payment for those services; the fees are taken from the general
assessment. He added there are no special fees charged to any of the grant
recipients. He .stated projects specifically undertaken for. the City of
Yakima include; :1) Seat Belt Education Program, 2) Defensive Driving,
3) Drug Awareness Programs, 4) Transportation Program (paid for by federal
funding) , or in the case of Transit where matching funds is required, that
has been paid by the City. Council member Carmichael stated her :concern is
that 'a' great deal'of the work performed by COS" benefits other entities
rather than the City of Yakima. Mr. Wyrick responded the , entire
clearinghouse process represents approximately 1 to 2% of the total office
atctivity, while one planner's time is dedicated 100% toward the urban
area and transportation fields. Following further discussion, it was MOVED
by Buchanan, seconded by 'Foy, to go to a' $1200 flat - donation. Mayor
Beauchamp spoke in favor of the COG, commenting the City of Yakima has
indirectly benefited from the money brought into the Valley, and without
the assistance of COG and the City of Yakima, many of the smaller cities in
Yakima County= would : not (have been able to benefit :from 'this' type of
funding. For clarification of the motion, City manager Zais explained
the three items under consideration - are: 1) the $12,698 general assessment,
2) the $3,561 'YMATS assessment, and 3) the :$3,000 UMTA matching
assessment which is paid by Transit. He asked where the $12,000 limitation
falls. - Council members Buchanan. indicated he is willing • to allow COG to
maker that adjustment.' Council member Carmichael 'stated •her.'concernt is that
those generating the work for COG should besharing,in the cost involved in
processing those grant applications. She stated there are some mandates
involved in the things` just outlined by Mr. .Zais, and given the motion
before the Council, the general assessment is the only 'category Council may
consider reducing. Council member Barnett explained that the City Council
has always had a' representative on' the Council: of Governments'•Executive
Board, and as that representative, he. encouraged-• approvalrof the assessment
as submitted. He urged defeat of the motion adding that Council can discuss
whether they wish to continue as a member of COG at a date. Council
member Barnett asked if the City withdrew from COG, would the state mandate
that our ' requests ' go '' , through COG, • or would there have to- be (-another
clearinghouse set up for processing. Mr. Wyrick stated, no, however, all
of -the FAUS= funds and the FAS funds that -are provided to the City of Yakima
and- the 'surrounding' cities and communities would be withheld •until a
clarification- -of the-process' could be +determined. He stated-the assessment
is really not 'a major-part of the budget, however;- it-establishes the
membership' -roll and the • opportunity to begin programs such-as the Driving
Safety' Program' 'and the Drug Program .'which require' up -front monies to
implement: Council member: Carmichael commented if 'changes , are =to be
made, direction should be given to Council member Barnett as he is the
Council's-representative on the , Executive Board. -She indicated she would
like to 'see Council'analyze this further before any action is (taken to
withdraw! from COG."• Following'•further , discussion, the questionwas called
for 'a vote = +on the motion. Motion failed, by ' 5 -2 voice vote. Barnett,
Beauchamp, Berndt, Carmichael and Sims voting • nay: Council - member Berndt
' asked that this issue be 'scheduled as •:a study' session item in the
• relatively near future in order that Council members can obtain •a better
understanding of the situation. Council member Barnett stated if the
majority of: the Council members feel the assessment ,should.be.reduced,
perhapss'consideration should be given to withdrawing from COG. Mr: Wyrick
stated would: be :.happy to present - a breakdown' of the programs with an
illustration of the services and programs from which the City benefits.
Council,' member Foy asked why each •recipient could not be assessed their
share of COG's' services. Following further discussion, it was -MOVED by
Berndt,' seconded by ' Sims, . to approve the full -$19 , 259 assessment. Carried
by 5 -2 voice vote. Buchanan and Foy voting nay.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING CANCELLATION OF OUTSTANDING PAYROLL
WARRANTS AND'TREASURY •CHECKS
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RESOLUTION NO. D- 5407,'•'A' RESOLUTION' authorizing the cancellation of
outstanding payroll warrants and Treasury checks.
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*11. REPORT: FROM •DEPARTMENT OF ENGINEERING AND UTILITIES ON THE 1987 THIRD '
QUARTER PROJECT STATUS SUMMARY.
The report from the Department of Engineering and Utilities on the status
of the third quarter,, 1987 capital-.improvement projects, was accepted.
*12. SUBMISSION OF REPORTS FROM THE.DEPARTMENT OF FINANCE AND BUDGET:
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A. APPROVAL OF TREASURY REPORTS FOR AUGUST 1987 (STANDARD MOTION V -A --
ACCEPT AND APPROVE REPORT)
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The report from the Director of Finance and Budget.dated November 1.7, 1987,
regarding the investments of the City of Yakima, was accepted and
approved. ;
• B. APPROVAL OF; BUDGET REPORT FOR OCTOBER1987
The budget report for October 1987 was, accepted.
C. THIRD QUARL'ER 1987 INSURANCE CLAIMS REPORT (ACCEPT REPORT)
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The third quarter 1987 insurance claims report was accepted.
*13. APPROVAL. OF RIGHT -OF -WAY USE PERMIT -APPLICATION REQUESTED BY INLAND
. FT F(aRICAL SUPPLY FOR PROPERTY AT -131 SOUTH 1ST AVENUE
The. Right -of -Way' Use Permit, requested by Inland Electrical ,.Supply for
construction of a• .fence to :be , located on the west. side . of the_ building at
131 South 1st Avenue, was approved.
*14. SET DATE OF HEARING FOR DECEMBER 8, 1987 ON THE FINAL ASSESSMENT ROLL FOR
PRIDEVIEW SEWER'LID NO. 1042
• December 8, 1987 was set as the date of hearing on the Final Assessment
. Roll for Prideview Sewer LID No. 1042.'
15. • OTHER BUSINESS
Council member Carmichael mentioned the continuing problem with the pigeons
and pigeon droppings' at the Walnut Street underpass. She asked if there
are additional measures that can be taken to resolve the situation.
Director of Public Works Jerry Copeland stated staff has been working with
a local company that is attempting to resolve this matter however, their
efforts have proven to be temporary. He stated he would ask the Street
Department to use- their pressure hose equipment in. that area again. Mayor
Beauchamp suggested staff contact the Health Department and obtain the name
of the individual that assisted O.I.C. with a similar situation.
City Manager Zais stated an Executive Session of approximately twelve
. minutes is needed following the Council meeting .for the purpose of
discussing pending litigation. He asked if Council wished to continue
'the Water Department's Budget Review following the Executive Session, or
• should it be rescheduled. It was the general consensus to complete the
- Water Department's Budget Review presentation following the Executive
Session.
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Mr. Zais reported staff is in the process of evaluating.the Trade Stimulant
Operators proposal submitted a few weeks ago, and is considering meeting
with some of the tavern owners December 8th to discuss these issues.
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Council briefly discussed the remaining budget•review sessions, and it was
the general consensus to continue as scheduled, and 'conduct the. Budget
Wrap -Up Session on December 8th rather on Saturday, December 12th.
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EXECUTIVE SESSION
It was MOVED by Buchanan, seconded by Sims, to adjourn to Executive Session
and then reconvene in the Council Chambers for completion of the
Irrigation Budget Review.. Unanimously carried by_voice vote. •
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Information Items: _
Items of information supplied to Council were: Agenda for November 17,
1987 meeting of the 1986 -87 Yakima CBD Study Downtown Group Committee;
Letter from Yakima Vocational Director, Yakima Valley Vocational Skills
Center thanking .Council for approving the lease for the school's use of
Kissel Park.` 11/5/87; Memorandum from the City Attorney regarding Damage
Claims Referred to Insurance Company. 11/6/87;, and Article from the
November 3, 1987 New York Times, "Once Again, Water Turn Into An
Issue In Congress ".
16. ADJOURNMENT TO NOVEMBER 24, 1987 AT 9:00 A.M.
Following the completion of the Executive Session, the meeting was
adjourned at the hour of 4:35 p .m .
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READ AND CERTIFIED ACCURATE BY S 8z'
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