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HomeMy WebLinkAbout11/17/1987 Business Meeting 17 ? • 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 A /AD /1 _ • 173 NOVEMBER. 17, 1987 - be done: to the curbs in terms of maintenance. He - presented the petition containing the signatures to the City Clerk. - • , .. . . . 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 - • 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 A/AD/2 ' 174 NOVEMBER 17, 1987 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 A /AD /3 175 NOVEMBER, 17', 1987 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 . . RESOLUTION NO. D- 5407,'•'A' RESOLUTION' authorizing the cancellation of outstanding payroll warrants and Treasury checks. A /AD /4 • 176 NOVEMBER'17, 1987 *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: • A. APPROVAL OF TREASURY REPORTS FOR AUGUST 1987 (STANDARD MOTION V -A -- ACCEPT AND APPROVE REPORT) • 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) • 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. • 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. • 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. • 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. • A /AD /5 177 NOVEMBER 17, 1987 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 . III READ AND CERTIFIED ACCURATE BY S 8z' Cx) IL MEMB TE U,� �,ra r . / 1if COUNCIL MEMBER DATE A PEST: OA CO-C-1"....- ,.A ea e- Yv‘ e- . - ) KiN S. ROBERTS, CITY CLER .i5 - •1 � i• , ';,,` OR - 4 . , 1 . MINUTES PREPARED BY .te , L ® i 7 ` .z24�1 BARB ' A J . TOP , D il'UTY I TY CLERK ,.. °' ° .' . • A /AD /6