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HomeMy WebLinkAbout07/12/1988 Business Meeting 388 JULY 12, 1988 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 Acting City Clerk Toney also present. - • 2. INVOCATION The Pledge of Allegiance was led by Council membe•r 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt read a proclamation expressing gratitude and appreciation to the Yakima Air Fair Board for theit'aUpport - of the annual ' Air Fair_ Show held June 24, .25 and, 26, 1988. The . proclamation was accepted.by representatives of,the Yakima Air Fair •_ Board Members. 4. CONSENTAGENDA , 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.. Item •.No. .13. A was added to the Consent Agenda,. as requested by, .Council member Foy. .Item _No. 17 was . removed from the. Consent Agenda, .as requested by Council member Barnett. Planning Manager Don -Skone stated Larry Mathews requested that Item No. 14 regarding adoption of the ordinance amending the Urban Area Zoning Ordinance be removed from the Consent Agenda. Mr. Mathews presented written testimony to Acting. City Clerk_ Toney and asked that.; it be read into the as .he .would not be in attendance at the meeting. It was the consensus of the Council -that the public was given the opportunity to testify during a public hearing on the proposed amendments on June 21, 1988, and that this item would remain on the Consent Agenda. Acting City. Clerk Toney then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Carmichael , - by Buchanan, that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Beauchamp temporarily absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further di member Buchanan noted that the minutes of the May 3, 1988 Special Meeting were provided to , Council in their packet, but were not listed in Item No. 5. It was then MOVED by Buchanan, seconded by Carmichael, that the minutes of _ May 3rd also be approved, as submitted,' and - added to - Item - No. 5. Unanimously carried by voice vote. *5. APPROVAL OF MINUTES OF COUNCIL MEETINGS OF MAY 3, 5, 17, AND 24, AND JUNE:7, 1988 . The Council minutes of May 3, 5, 17, and 24 and June 7, 1988 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 H. McDonald, 4 North 16th Avenue, addressed the City Council regarding several items on which he has never received an appropriate response by City personnel. Mr. McDonald listed the • the following issues as unresolved: theft of two lion statues from the steps of his residence, and other acts of vandalism against his personal property; 'a sidewalk in front of his residence which buckles in hot weather creating a safety problem; kids skateboarding on the steps of Dr. Korach's office on the corner • AAD /1 • 389 J[7LY, "12, 1988 of 16th & Yakima Avenue, causin damage -to.the property; incorrect irrigation assessment billings from the City, as well as the fact , that •the City took 615 square. feet of his property from him in 1965 without any form of compensation; and a problem with.a vicious - ! dog..on the weekend of July 4, 1988. After a brief discussion, City Attorney Vanek stated,Mr. McDonald has filed a legal claim against the City regarding the alleged over- billing on the irrigation water assessment and the 615 square feet of property supposedly taken by the City. Mr. Vanek stated these claims have been forwarded to the City's insurance adjuster for processing. City Manager Zais stated the other allegations.will be investigated and a response forwarded to Mr.- McDonald . A. PRESENTATION BY, DOWNTOWN GROUP REGARDING TRAFFIC SIGNAL . SYNCHRONIZATION ON YAKIMA AVENUE • Skip Semon, 121 East Yakima Avenue; representing the newly formed Central Business District Association; Al Royal, 150, Fortune Road, Naches, representing the Yakima Mall, Nordstroms, the owners of the Chinook„ Tower, ,_and,,the;- ,owners of the Larson Building; George Pechtel, 1112 Swan Avenue, representing the.Board sof Directors for the North Front.Street Association; and Rob Talcott, 302 West Yakima.Avenue, representing the Westside Merchants, were present to request that Council direct the ,Engineering staff to retime the signals to allow for more efficient travel on Yakima Avenue. When asked- about the removal of the maid-block cross walks, both M. Semon and.Mr.. Royal indicated they, support removing them. However, . they stated the.angle,parking is a separate issue and each of them . prefer to see-it dealt with as such.' ,Council member ,Carmichael expressed concern about taking action on this issue today because the, reports from the consultants regarding the traffic and parking for the Central Business District. are • still pending,. Mrs. Carmichael stated she would like to wait until these reports have been presented to Council because mistakes have been made in the past and she does not want this to happen again. She pointed out that the downtown merchants have had the opportunity of seeing the consultant's_report on the CBD area, however, the Council has not seen these:reports yet, and she does not want to make a decision on this until. Council has reviewed the reports and, recommendations so that everything can be dealt with at one time. Mayor' Berndt inquired.;of_City Manager Zais as to when these reports might be ;- :.presented. to Council and he responded:this is scheduled' to take place in about three.weeks, with a public hearing to_ follow on October .4th and possible adoption of the plan on October : 18th or . _25th..:Council member Foy pointed out that Council, just approved the construction of a second floor walkway approximately 150 feet in length.on „the front of the buildings over Yakima Avenue between 3rd Street and 4th Street at--the request of all of the property owners, there.. He: asked if Council does not deal with the mid - • block crosswalks. the sidewalks,., how will: that impact this second. floor walkway project? Mr. Royal interjected the . .mid -block .crosswalk will interfere with the .proposed walkway construction ,.project.. He. stated he attended all of the study sessions ,;,held by the conslutant for the. purpose of reviewing the proposed changes for -. the CBD, and. commented that the . second. floor walkway ' is compatible :,with the basic, plans for ; the. Central Business District..Mr. Royal stated, as a merchant,-. he cannot stand by and allow the .downtown .area to be torn up..during the prime. shopping season, and this is -what will, happen if Council waits until they have reviewed the consultants plans prior to, approving the retiming . of the traffic lights and removing the mid block crosswalks on Yakima, Avenue. Royal; added that drafts of _the consultant's . , .plans are available for Council to reviewiif they would like to do .so. He stated ,the: concepts of the final draft will remain the . same, , that they are-merely fine tuning. the language of draft prior . to its-submission to::the City Council., It was MOVED by Foy, seconded by Sims,. to approve the staff recommendation contained in Item.:2 (To synchronize the traffic signals and remove the mid - block crosswalks.). Carried by.-6-1 :voice vote. Barnett voting nay. City Manager Zais stated ,it is,lenvisioned that all of the various 'studies coming together towards that time frame. He said each section was reviewed separately, and :next on the.schedule is AAD /2 390 JULY' 12, 1988 • the detailed completion of the traffic component study, and that is believed to be within the next three weeks. Council member Carmichael• commented she doesn't know why. Council is going to • bother with reviewing the report in light of the action they have just taken. Council member Buchanan'pointed out that the parking issue has yet to be reviewed by Council. 7. -CONSIDERATION OF A RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM • Code Manager Shampine'stated he has nothing to add to the report and knows of no one present to address the issue. Council member Foy asked if Mr. Shampine could assure him that all of the City - lots have been cleared of weeds and Mr. Shampine stated he would not bet _ a month's paycheck on this, but he felt safe in saying, "Yes, they have been cleaned up." Council member Foy stated he- received two phone calls on.the 4th of July weekend regarding the City owned lot at 56th & Summitview that was not cleared of weeds. Mr. Shampine stated staff attempts to clear all • of the City's lots prior to initiation of the weed abatement program each year. However, there are various departments that own property that he may not be aware of, and therefore, occasionally one :might .slip by unnoticed. In response to a question from Council member Sires regarding the length of time a citizen is allowed to respond, Mr. Shampine stated an eleven day time period • elapses from the date Council approves the resolution until action is taken by staff. .Resolution D -5475 having been read by. title, it was MOVED by Buchanan, seconded Foy, to adopt the first resolution. Unanimously carried by roll call - vote. • RESOLUTION NO. D -5475, A RESOLUTION authorizing. the Code Administration Manager to clear certain weedy lots. 8. 'REPORT FROM PUBLIC WORKS DEPARTMENT- REGARDING - PROPOSAL TO FUND CANAL COVER FOR CHESTERLEY PARK Public Works Director Copeland yielded to questions from Council members and Council member Barnett asked if Council •had not earmarked the real estate transfer tax for some specific purposes? City Manager stated the tax imposed was already restricted by state law in terms of capital improvement projects. He said when Council passed that ordinance it was to be in accordance with the provisions of state law, including water, sewer, utility type projects and other capital improvement needs, such as park improvements were also permitted within those guidelines. He stated the first use was identified principally'as utility, capital needs and streets. It was MOVED by Buchanan, seconded by -Beauchamp, to approve the concept of the 'application of the Public Works Trust Fund Loan to cover the entire FruitvalesCanal. Under discussion, Council member Foy stated he will be voting • against this motion because the funds are being taken•*from the Public Works Trust•Fund, which is the Real Estate Transfer Tax. He stated the bond issue was passed by the people to build .Chesterley Park, but he does not think the citizens approved leveraging of other funds outside the bond issue to build the park. Council member Foy commented he thinks we- should protect the Public Works Trust Fund and be very careful on how that money is spent. Council member Buchanan •stated by not covering the open canal, Council.is placing the City in an awkward position, and stated it is his opinion that the Public Works Trust Fund money would be wisely used to cover the canal to prevent children from drowning. Council member Foy suggested developing Chesterley Park with one less soccer field and then add it as the park begins to collect user fees. He stated he is concerned that Council is setting a precedent in this instance by using the Public Work Trust Funds for something they should not. City Manager Zais stated everyone is in agreement that the canal should be covered, however, the disagreement is how to pay for this item because it was not covered in the bond issue and was not part of the site development estimate. Mr. Zais pointed out that the covering of the canal can be paid for with bond issue revenues, but this will mean scaling back the project and staff can show Council how to do that if that AAD /3 • 391 jft 12 is'Council's desire. He stated, otherwise,..Council 'cah'approve the development outlined in the next agenda item on the basis on how it is presented, and use this source of money to pay for the covering of the ,'canal .:Mayor.; Berndt asked if the City decides to merge the .water. systems. will this canal be used in the future ? Water . Superintendent Ty- Wick stated this canal. is basically used as a wasteway for irrigation runoff and will be needed in the future for that purpose. Mr. Wick commented this particular canal is a large contributor to the infiltration into the sewer system and 9 rebuilding it would eliminate quite a source of inflow and infiltration into the sewer system, so there would be`some benefit to covering the canal. Council member Beauchamp spoke in favor of .covering : the canal for the safety of the children, commenting he believes it should .be covered regardless of the source of funding. •The question was called for a vote on'the motion. Carried by 5 -2 -.- voice -vote: Barnett and Foy voting, nay: City Zais stated the appropriate budget- legislation will be .brought• back before the Council to' provide for ;covering the canal: from Public Works .Trust Fund.. 9. CONSIDERATION OF APPROVAL , OF'CHESTERLEY'PARK..FINAL DESIGN PLANS AND SPECIFICATIONS FOR BID. Public - Works: Director • Copeland 'stated Sherry'. Williams of Loofburrow!Hollingbery &, Associates,' and Jeff. ;.Lowman .fran Jump Huibregtse Associates ;Inc., are present to respond to inquiries by Council. (Berndt and Carmichael temporarily absent:) He stated their •_purpose today is to- present the.. basic package intended for bid purposes and 'answer any questions Council might have. Mr. Copeland stated they would like to get , .some grass planted this fall and _are approval .of this package as soon as possible. Council member Barnett .asked: =-if.- these 'plans and specifications includei.-the (canal project and .Mr. Copeland stated..it' -does not include the canal project; -that -is a separate. :project •.and will be • presented - .to Council at: a later date. It '. was. -MOVED I by , Barnett, seconded by Foy, to .approve the. design plans and .specifications as they-have been. submitted us. Unanimously .carried by. voice vote. - (Carmichael temporarily' absent when vote was taken.) . ! ' • - * 10.• CONSIDERATION' OF ;..RESOLUTION +AUTHORIZING EXECUTION OF SUPPLEMENTAL kCCCUPANCY: AGREEMENT WITH. ALVIE - MAXEY FOR PROPERTY._ON.. RESERVOIR • . ROAD: . <.. C . RESOLUTION NO. D- 5476; :A. :RESOLUTION authorizing:.theexecution of a residential "Occupancy 'Agreement with .Alvie- A. Maxey;- a City employee. . *11.. APPROVAL OF RIGHT -OF -WAY USE-PERMIT FOR THE CONSTRUCTING. • A SECOND FLOOR WALKWAY ,IN FRONT OF. BUILDING ON YAKIMA AVENUE, BETWEEN THIRD STREET , -AND FOURTH STREET:: ..The "..Right -of -Way Use Permit for the purpose -of constructing a second floor walkway in front of'.building.on Yakima Avenue,. between. ' Third Street and i Fourth Street,.. as requested by Tan Hargis, Lee Semon, Jr.',. & the Yakima- Mal1., was approved.:. *12. • APPROVAL OF .FINAL CONTRACT 'PAYMENT :.FOR- FIRST. AVENUE, WATERMAIN PROJECT . (STANDARD MOTION- V - -B ACCEPT PROJECT AND APPROVE- FINAL PAYMENT) . :: • . . The .report from tthe City .Engineer .dated June 27, :1988.,. with .respect .. to the + canpletion of. work on -the . First Avenue •Watermain project,-performed • by- Central Concrete & Utilities, •was..approved, • the work accepted and .payment of '.the.. final estimates .as therein set forth .was authorized. * 13. CONSIDERATION OF .ORDINANCES: . AMENDING THE'YCLASSIFICATION AND COMPENSATION•.. :PLAN FOR.TRANSIT.SERVICE:WORKERS . AAD /4 • • 392 J[Ji 12, 1988 A. ORDINANCE., REALLOCATING TRANSIT.SERVICE WORKER :CLASSIFICATION TO PAY RANGE 8 5 , • • ORDINANCE NO. 3105, AN ORDINANCE. relating to City personnel; adopting a classification and. compensation plan for City. ;employees to be effective August 11, 1988.; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, and Subsection 2.20.110 F, all of_ the City of Yakima Municipal Code. . *14. CONSIDERATION OF AN ORDINANCE AMENDING...THE ;URBAN AREA ZONING ORDINANCE • , ORDINANCE. NO. 3106, AN ORDINANCE relative to zoning; amending the Yakima Urban Area Zoning Ordinance; defining.the following terms: amusement parks, business school, dangerous-waste, hazardous waste, hazardous waste .generator, hazardous waste, on -site, hazardous waste, off -site, hazardous waste storage,. hazardous waste treatment and state siting criteria; changing parks from a Class (3�).use to a Class (2) use in all zoning districts except the Single= Family Residential (R -1) zone; allowing amusement parks as a Class (3) use in the Central Business District Support (CBDS) and Light Industrial (M -1) Districts; changing churches from a Class (3) to a Class (2) use in the Suburban Residential (SR) and Two - Family Residential (R -2) Districts; allowing community centers, meeting halls, and fraternal organizations as a Class (3) use in the R -1 District. and a. Class (2) use ,.in the .R -2 and Multi - Family Residential (R- 3)•.Districts and changing. them from a:.Class (3) to a Class (2) use inithe.SR District; permitting vocational schools ,as .a Class (2), use in the Central Business District , (CBD) and a Class (3) .use in the .Heavy Industrial (M -2) District and changing it from a .Class (3) . to a Class (2) .use in the Central Business . District•Support (CBDS) District; permitting business schools as a Class.(3) use in the SR, R -1, R -2, R -3, Professional-Business (B -1) and Local Business (B -2) Districts, a Class .(2) use in the Small . Convenience Center Large •Convenience Center (LCC) and M -1 Districts, and a Class (1) use in the CBD and CBDS.Districts; allowing off -site hazardous waste treatment and storage. facilities meeting state siting-... criteria as .a Class (3 ), ' use in the i M -1 and M -2 Districts; changing the rental of small tools, lawn /garden equipment, and sporting goods from a Class (2) use to a Class (1) use in B -2 and SCC Districts; changing contract truck hauling and rental of trucks with drivers from a Class (1) to a :Class (2) use in the CBDS District; changing air, rail, truck terminals (for short term storage, office, etc.,) from a Class (3) to a Class (2) use in the CBDS District; permitting on -site hazardous waste • treatment and storage.meeting state siting criteria: as an accessory use in the SR, B -1, B -2, SCC, LCC, CBD, CBDS, M -1 and M -2 Districts; establishing a new table titled Review Requirements for . Mobile /Manufactured Hanes and changing the- -review requirements to • . permit single -wide manufactured homes with roof slope, - roofing materials and siding that may not -be compatible with .surrounding site built homes as a Class (1) use in mobile home parks, a Class (2) use ;in manufactured have subdivisions, and a Class (3) use in • .both the R -2 R -3 Districts. (This amendment would also permit double -wide manufactured homes with roof slope, roofing ;materials and siding that may not be compatible with surrounding site built , : homes as a Class (1) use in mobile home parks and mobile hone subdivisions, and a Class (3) use .in the R -2 and R -3 Districts); reducing the required front yard setbacks from minor local access roads in the Residential Districts from 45 feet to 37.5 feet; increasing the required side and rear setbacks in the R -3, Commercial and Industrial Districts to 1/2 the building height when the side or rear yard abuts an SR, R -1, or.,R - -2 District and this setback (1/2- building height). would be greater than the side or . rear yard - setback generally required; increasing the maximum building height in the R -3, B -1 and LCC Districts from .35 feet to 50 feet; increasing the maximum building height in the SCC District from 24 feet to 35 feet; allowing replacement of- a nonconforming mobile home on an individual lot with another mobile home that is newer and is the same size or larger, or with a manufactured home, through Class (1) review; allowing replacement of a nonconforming mobile home on an individual lot with another mobile have that is AAD /5 JULY 1988 393 • . .smaller or older;` allowing replacement .of an existing or approved manufactured. home on an.:individual lot with another manufactured home that is newer and the same size or larger through Class (1) review.; - allowing. replacement of a manufactured home on an .•individual lot ,with another manufactured home• that •is older or smaller; clarifying fence requirements in the - ,Residential, Commercial and Industrial Districts; reducing minimum lot size for parcels served by'. individual water system and the regional or an . approved:community sewer system from 14,500'square•feet to 9,600 square feet; reducing the minimum lot size in the.Floodplain, Airport and Greenway Overlay Districts from one acre to the minimum lot size of the underlying zoning.district when, in the opinion of • ,_the reviewing official, the lot has a buildable area. outside the Overlay District and a plat restriction prohibits. development on that portion of the lot within the Overlay District; changing the way the vision clearance triangle at intersections and driveways. is determined; increasing the parking requirements for game roams, card rooms and electronic game rooms from one space for each playing_ table or each five seats or _three machines,: whichever is greater to one space. for each playing .table or each three seats or three machines whichever is greater;. establishing a standard for hardware stores of one space for each 300 square feet of. gross -floor .area of structure and permanent outside display and sales area; establishing a parking standard for nurseries -of one - space for each 400 .square feet of grbssl( floor 'area .of structure and permanent outside display.and sales area; clarifying the required • off - street parking for storage ..areas. as one space 500 square .feet, except when the.parkinglstandard.for:the. principle use•would require fewer :.. parking•1: - spaces; ;defining sign: :;setback as the horizontal distance:1rom'the property line to the nearest edge of . the.sign cabinet;. allowing_ on- premise signs as anc accessory use to an approved ,. - _or . existing _I use; no longer :...limiting on- premise directional signs to one. - per ..access point; . - prohibiting the placement of freestanding signs , in the clearview• triangle; • coordinating the procedural_requirements.of the Urban Area. :Ordinance.with those of the-Shorelines Master Program by processing applications within,. shorelines jurisdiction under ithe.procedural ' of the Shorelines. Master Program only; not both shorelines . and zoning; deleting, special review .requirements for =,-land uses. • involving., hazardous .materials /.wastes; establishing special: requirements for animal husbandry in the urban_-area to insure compatibility with adjoining residential uses; authorizing the administrative.adjustment of development_ standards in.,.order to allow development consistent with ;a specific sub area planr.adopted by allowing administrative adjustment of building. height .standards; reducing the application fee:_for single and double wide • . manufactured homes.requiring Class (2) review. from $175 to..$140; . adding stockpiling, the. tainnarket-.value of which does not .exceed $500, :•to.the list of activities, that are.exempt from the review and •permit provisions: :of the zoning ordinance;- -and.. amending the , following ` sections ...and _ subsections 15..02..020A,' :15..027.020B, 15..02.020D,, 15.02.030H, 15.02..020S, 15.0'4..030, X15.04.050, 15..04..120B, - 15.04'..1-20D,,,. 15,04.120E1 .•15.05.020A, 15.05.020G, 15•. 05. 030C, _ 1.5.05.040, .• 15:.06.040, '15.08..020•; 15.08.060, 15.08.070, 15.09 15;.10.020, 15..11.100, 15.12.020D, :15.17.040; and enacting Section :15._09.090, as a new .section, and. repealing Section • .-, 15.09.080;: all of the City. of Yakima Municipal Code: *15. CONSIDERATION OF AN ORDINANCE GRANTING AN ADMINISTRATIVE ADJUSTMENT • . - AND :APPROVING .A .REZONE OF . PROPERTY : AT :1104 -1106 - LEDWICH, _ FROM R -2 TO M -1, AS REQUESTED BY' :CHARLES MEYER • ORDINANCE NO.. 31074 .AN. ORDINANCE affirming the Examiner's recommendation to rezone property and grant.._an _administrative adjustment in the vicinity of 1104 -1106 Ledwich Avenue, and amending the zoning map of the City of Yakima. • *16. CONSIDERATION OF ORDINANCES AMENDING THE TRAFFIC.CODE'RELATING TO PARKING: _ • AAD /6 • 394 JULY 12, 1988 A. AN O_RDINANCE..PROVIDING'FOR TWO HOUR PARKING ON THE WEST SIDE OF 4TH STREET, FROM "B" STREET TO LINCOLN AVENUE ORDINANCE NO. 3108, AN ORDINANCE relating to parking restrictions; limiting_parking to two hours.in certain area; and amending Section 9.50.010 of the City of Yakima. Municipal Code. . B. AN .ORDINANCE PROHIBITING PARKING ON THE WEST SIDE OF 30TH AVENUE. IN THE VICINITY OF TIETON DRIVE AND ON THE SOUTH SIDE OF . .ARLINGTON., FROM 41ST AVENUE TO 42ND AVENUE _ 'ORDINANCE .NO3109,'. AN ORDINANCE relating: to traffic - control; prohibiting parking on certain streets; .amending Section1- 9.50.050 of the City of Yakima Municipal Code. 17. CONSIDERATION OF AN ORDINANCE AMENDING THE 1988 BUDGET AND . APPROPRIATING FUNDS FOR AN ARTSVAN PROGRAM (SECOND - READING) An Ordinance appropriating funds for-an ArtsVan Program having been read.by title only at.the June 21, 1988..meeting, was brought before the Council for a second reading. Council. member .Foy stated he would like to table this item as there is no one present to respond to some questions he has. City . Manager Zais pointed out this is a second reading and staff did not notify anyone:, to be present to respond to inquiries. Council member. -Foy agreed to proceed with the second reading of the ordinance. Ordinance' No. 3110 having._been read by• title, it. was MOVED by Foy,: seconded by Beauchamp, .:that the ordinance be passed. Motion failed by _4 -2 .roll call .vote. Barnett, and Berndt voting , -.nay. Carmichael temporarily absent. Mayor Berndt asked City Manager Zais to clarify the term "intergovernmental section." • Mr. Zais:stated the money is budgeted within the intergovernmental section and :the money is to come from the General Fund cash balance.:.Mr. Zais explained that to amend the budget requires a "super .majority vote ", i.e. a majority vote plus one. Council member Carmichael returned to the meeting at-this point and Mayor Berndt informed her of the action taken with regard to ArtsVan Program. during her absence.,:It was MOVED - by. .Foy, - seconded by Beauchamp, to reconsider this issue. Unanimously carried by' -voice vote. City Manager Zais .explained that the ordinance was drafted at the direction of the Council and that it be funded from the • General Fund cash balance, but when it appears in the. budget it will fall under the. "intergovernmental section" of the budget. It - was 'MOVED by Beauchamp, seconded by Buchanan, to fund the Artsvan Program from the General Fund: Council'. member Carmichael asked,. "What is the bone of contention here? This is the second reading of the ordinance." Council member Barnett commented at the first reading he .indicated he would vote against • this issue at the time of the second reading of the.ordinance, and that is the reason he removed it from the Consent Agenda today. He .:further explained that she was absent from the Council Chambers when the.vote was taken a few moments ago and the motion failed .due to the lack of a super majority vote,. consequently, a motion is on ,the floor to reconsider the issue. Council member Carmichael having been briefed on the situation, the'question was called for a vote on the motion. Carried by 6 -1 roll call.vote. Barnett voting nay. ORDINANCE NO. 3110, AN ORDINANCE amending the 1988 budget for the City of Yakima; and making an appropriation of $7,500 in the • General Fund for expenditure during 1988 for an "Arts Van Program" to provide visual and performing arts classes to. the public within the City of Yakima. - 18. OTHER BUSINESS . _. Council member Foy referred to the memorandum to Council from' Assistant City Manager Stouder regarding the Mercy Development and Urban Development Action Grant Application necessary for this project. The memorandum stated only applications on file for this fiscal year will be considered for approval and the application • AAD /7 395 -87 must be submitted prior to July 31, 1988. Council member Foy stated Council needs to set public hearings- to review this application grant. Therefore, it was MOVED by Foy, seconded by Sims, that the public hearing dates be set for July 19th and 26th, . 1988. Unanimously carried by .voice vote.. Council member Buchanan stated that the Council Committee for the Airport Board met and he would like to make a motion regarding the reappointment of Bill Almon. It was MOVED by Buchanan, seconded by , Foy, to reappoint .Bill Almon to the Yakima Air Terminal Board. Unanimously carried by voice vote. , City Manager,Zais noted since there is a full, Council present today he- ; would like Council to reconsider the, issue of the appropriations - Ill . ordinance for the installation of .a spa at Lions Pool. He reviewed the prior action by the City Council on June 14, ,. 1988, commenting the ordinance did not pass due to lack of a super majority vote and stated a motion to reconsider would be appropriate or the situation will remain as is and no action will _ be taken. City Attorney Vanek stated that the prevailing side, the nay side, or the person that was absent from the meeting, could make the motion to reconsider this issue. Mayor Berndt for .the Council's .indulgence, that this, issue be dealt with once and .for all. Council member Barnett moved, adjournment,: preventing the possibility for further discussion.of this issue..: , - Information Items: ,_ Items of information supplied to Council ,were: Schedule of Final Review - Central Business District Planning Studies. 7/8/88; Memo from Police Captain Follansbee regarding City, Inmate Care and Custody Costs. 6/8/88; Memo from, Director of Public Works regarding Opening Swimming Pools at Franklin and Washington Parks. _ . .6/30/88; Memo from Director of Public Works and,.Traffic Engineer regarding Status Report on Existing C -Curb at 40th Avenue and Nob Hill Blvd. .7/6/88; Memo fran ,City Attorney regarding Damage Claims Referred to .Insurance..Company. ,7/5/88; In Our Scope newsletter from New Vision, July 1988; Permit, Center Monthly • Division Report for June 1988; and Minutes of the May 5, May 26, and. June ,9, 1988 Civil Service Commission meetings. _ . ,,, , . 19. ADJOURNMENT t,TO 7:00 P.M. JULY ,12, 1988. FOR . PUBLIC HEARING ON THE FINANCING PLAN FOR WASTEWATER FACILITIES COMPREHENSIVE CAPITAL IMPROVEMENT PLAN , e It was MOVED .by .Barnett, seconded by Foy, to adjourn to the 7:00 P.M. meeting on the Financing Plan. Carried by 4 -3 voice _vote. , Berndt, Buchanan and Carmichael voting nay. . READ AND CERTIFIED ACCURATE BY t / / 5 /VC ✓ a •. C M EMB . , . ; , - . , : D ATE , Ia %' /i 11—'1 sr . P ' OP :AO , . . ATT e i U CIL .77 R - ., 47 DATE • 4,ti C T./ - 6%ia -r' 4-24_,061 - . ACTING C CLERK � MAYOR, , • . , . ,. . 5 . AAD /8