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HomeMy WebLinkAbout09/09/1986 Business Meeting 379 SEPTEMBER 9, 1986 J i rf ..r _ 1 • :11 `' l . =l7: " +l 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 Henry Beauchamp,,.presiding, Council members Clarence Barnett, Pat'Berndt, ._ _Lynn Buchanan, Lynn Carmichael, Jerry Foy and.Jack Sparling.present on roll'cal'1 City Manager Zais, Assistant, City Attorney.'Vanek, City Clerk Roberts and Deputy City Clerk Toney also present. 2. INVOCATION The Invocation was given by Mayor.Beauchamp. .3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Barnett stated he had received a letter from NASA indicating they have recovered the Yakima Air Fair banner sent to Commander Dick Scobee to take on the flight of the Challenger last January. Mr. Barnett stated he also sent a centennial coin to be taken into space, and although NASA reports a coin has been recovered, it has not yet been determined that it is the same coin. NASA officials will notify Mr. Barnett after positive identification of the coin is made. Note: See minutes of,-October 14,., -_1986 for correctons, under_ "Open Discussion for the Good of the Order." • 4. CONSENT AGENDA • Mayor Beauchamp referred to the items placed on the Consent Agenda, .questioning,.whether-, there were : .any additions :v on deletions from . either Council members or citizens present.• It was the'consensus of.the Council to- remove the Council minutes 7 ,of.August.12 and Item No.`. 12 from the. Consent. Agenda._.The - City Clerk then — read the Consent .Agenda. items, including resolutions and ordinances by title..It was MOVED. by Carmichael, 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 t without further discussion. , - *5. APPROVAL OF MINUTES OF THE COUNCIL MEETINGS OF AUGUST 19, AND 26, 1986 • The Council minutes of August 19 and 26, 1986 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. A. COUNCIL MINUTES OF AUGUST 12 • Council member Barnett stated. he had requested the removal of the August 12th minutes to -make an ,amendment..rto- Item 3= A: He: the:second sentence In the paragraph regarding the Hanford Waste Issue be deleted from the -official minutes as it doe's not adequately summarize his report, and would be very restrictive. With that revision, it was MOVED by Barnett, seconded by Foy, that the August 12th minutes be approved as amended. Unanimously carried by voice . vote. r ... _ _ r , , 6. ;• :AUDIENCE PARTICIPATION. Walter Lee; 1022 South 37th- Avenue, addressed.•Council :regarding the 'application made by - Ken Olson, to operate-a hour. convenience store (a Class 3 Use). at 3707 West Nob Hill Boulevard. Mr. Lee stated he has lived at this address for 32 years and:,the, residents were told by the City during the 1960's that repairs to Nob Hill Boulevard would be made. He indicated these repairs were never _ 380 SEPTEMBER 9, 1986 done and questioned when they would be made. Mr. Lee stated he would like to protest'the change to B -2 from R -1, stating he had not received any notice��of the 'zone change, and he lives within 145 feet of the proposed convenience center. A petition containing 140 signatures of area residents ;7 opposirig' Mr. Olson's request for a Class 3 use was presented to the City Clerk. 7. PUBLIC MEETING REGARDING APPEAL BY CLAYTON FRAZIER OF THE DECISION MADE BY THE HEARING EXAMINER REGARDING THE REQUEST OF KEN OLSON.FOR A CLASS 3-USE AT 3707 W. NOB HILL BLVD. This being the time set for the public meeting on the appeal of the Hearing Examiner's decision to approve a Class 3 Use at 3707 West Nob Hill Boulevard, Mayor Beauchamp stated the purpose-of the public meeting is to review all evidence presented to the Hearing Examiner on July 25, 1986. Council member Barnett indicated he had a technical question to ask Ill of Assistant City Attorney Vanek. He pointed out that one piece of material refers to today's meeting as a "public_ hearing ".when in fact it is a "public meeting." He questioned if that factor would have any bearing on today's proceedings. Mr. Vanek.assured Mr. Barnett it would not. Supervising Associate Planner John Haddix - - read the summary explanation and stated staff has nothing. further to add at this time. Dick Smith, Attorney for the applicant, Ken Olson, asked Council to what extent testimony_ will : be .permitted 's durin S toda 's =' - hearin Mr=: Vanek ` "the natu this g � Y 9.:_ i meeting: -� is an "appeal : on `the 'record, the `record being the - testimony that=, occurred before = the' Hearing Examiner', plus, any exhibits which were provided to him; �in - 'addition to his - findings ,ofI f a ct and -r conclusions-` of law. =Te stated the purpose' of � publ ic meeting is to hear argument based upon—that records arid ri'' otto accept new evidence, and explained there is a provision in the law for remanding new evidence back to the Hearing' Examiner with instructions to hearthat evidence and allow both _parties an opportunity to present their case before the Hearing Examiner. Tom Dohn, 201 East Lincoln, attorney for Clayton Frazier, stated the material provided to him today regarding this issue indicates this is a public meeting and not a public hearing as the notice from staff indicated. Mr. Dohn urged Council to remand this matter back to the Hearing Examiner for further consideration of new factual evidence. A brief discussion ensued wherein it was reiterated that the purpose of today's public meeting is to hear evidence previously submitted to the Hearing Examiner. At this time Mayor Beauchamp opened the public meeting for testimony from those opposing the_decision of the Hearing Examiner. • Clayton Frazier, 1017 South 37th Avenue, stated he is opposed to the Hearing Examiner's decision and asked that Council remand it back to the Hearing Examiner for further consideration. He requested Howard Underwood present the argument against the proposed convenience center. Mr. Underwood, 3701 Parkway Place, stated he lives within one block of the proposed business and is *e presenting' homeowners' 'in that area. He indicated they have reviewed the Hearing Examiner's Sri decision.and: area -appealing' that' decision based' on'tl e fact that the -;:Hearing° Examiner's = decisYOn `failed "'to' acknowledge' the petition containing 68 signatures, and the fact that r are two similar businesses within two blocks, and five within one.mile of _the-+ :proposed location'.* Mr".' Underwood stated the ' noise factor was not addressed by the Hearing Examiner during the July 16th public hearing. He noted this business will provide traffic noise within 100 feet of a private residence in a B -2 zone and 400 feet of four private residences in a R -1 zone. He stated 24 hour operations have a increased burglary and insurance rates, thus indicating the potential for crime to spread to this neighborhood, a situation which the residents find undesirable. Mr. Underwood stated the heading on the petition clearly stated "a petition protesting the 24 hour operation of the project." He stated the opposition is not against the establishment of a small convenience 381 SEPTEMBER 9, 1986 .center, but rather the fact that the.business will.be open,24 hours a day. At this point Mr. Frazier indicated he and several of his neighbors did not receive notice of the public hearing which had been held by T the- Hearing Examiner- Council, asked. ,staff .determine. Mr. Frazier and the other opponents, , sp ■rs: - Jones, live within 300 feet of the proposed convenience center. John'Haddix stated Mr.•. Frazier.andMrs._Jones,live. outside the 300 feet area, therefore, staff was not required to. notify ahem of, the.. hearing. Dick Smith, 314 North 2nd Street, Attorney for Mr. K en Olson, stated the , issue is.. not the rezoning of. property hich is, allowed, but rather the construction of a small convenience center at 3707 Tieton Drive and Mr. Olson desires to- operate -on a 24 hour -a -day basis. Mr. Smith pointed out that to the west there is a 7 -11 . Store which is open on a 24 hour basis; Nob Hill Bowling Lanes, which is open until 2:00 a.m.; the Roto- Rooter Service which is advertised as a 24 hour -a -day service in the Pacific Northwest Bell Telephone yellow pages, and other businesses to the east which are open on a 24- hour -a -day basis. Mr. Smith stated the Hearing Examiner approved this request with appropriate site considerations which consist of a six foot solid fence, shrubbery and screening to establish that the lighting for the facility will .be properly shielded so it does not impact the surrounding neighbors, and a properly screened refuse disposal area that can be locked. He 'stated many- of the surrounding businesses. have not been required to ,sitescreen,,their property, to, this ex_ t_ ent.., He pointed , out ..that . the Urban. Area Plan 'designates this area as an "auto oriented commercial use ", therefore, the proposed use is justifiable. Mr. Smith indicated his client is willing to comply with all of the requirements pertaining to his proposed business and urged Council to affirm the decision of the' Hearing _Examiner._ _ _ _Joe . Kreiger ,1104 South, , 48th .Avenue, .Unit, A, spoke in , support of . thee project, s tating .,he { feels. the_ proposed business is„ we suited for the proper w in: f question,, _and- added that it will the property value in the area,,., �Mr., K reiger . .stat e d, \ t h ere JJ � _are no J. objections on the part 6f • Mr. Olson or himself concerning . stipulations ,placed on.the- project.,... . Ken Olson, 3026 ..South 79th Avenue, proponent of the small convenience center, stated he views this as an opportunity to provide an extra service to the community. He indicated they will carry items not _currently offered by the .7 -11 Store. Council member Barnett. referred to the Examiner's Decision and asked Mr. Olson if, the requirement to . provide a three foot wide planting strip that will create a living evergreen screen at least, six feet in. height within three years_ would be feasible. . Mr._ Olson indicated.he did not believe it would take even three years for the living evergreen screen to reach the required height. . There being no one else desiring to speak to this. issue, the Mayor closed - the : public meeting.. Council member Barnett pointed out that on _page sixrof the, Hearing. ,s..Decision .Standard. B. relating to sightscreening states the number of years should be three years and not six as indicated under #10 of the Hearing. Examiner's summary. He further stated should Council elect to approve the Hearing: Examiner's decision it should be with the proviso that - Standard ,B ; ,is , three ,years and n. ot_ , years, as. _indiated.._ A brief discussi ensued in which Mr Vanek..stated - Zhe I believes the ac ! reference to .the,^nuMber. years required, J for J the ,six_.feet,. height r; ,� t , of the evergreen Screen. _ error, . and actually should read ti three years. ,rat • t han, six 1 _It was. ; MOVED by Sparling,,. seconded by Foy, .to ^ accept the decision of _the Hearing, Examiner,.. ith the amendment to Standard B regarding the planting strip to read three years. ..Council ,member Barnett commented that he, appreciates the concern of the citizens on the zoning issue, however, the zoning is not the issue before the Council at this time. He stated he would support the motion. The question was called for a vote on the motion. Unanimously carried by voice vote. 382 SEPTEMBE - 9, ``1986 ' Mayor Beauchamp declared a brief recess at this time and then reconvened to conduct the public meeting of the appeal of Jean , Gunderson. . , . 8. PUBLIC MEETING REGARDING APPEAL BY JEAN GUNDERSON OF THE DECISION MADE BY THE HEARING EXAMINER REGARDING THE REQUEST OF LYNN BATES FOR A CLASS 3 USE AT 903 SO. 41ST AVENUE. This being the time set for the, public meeting on the appeal of the Hearing Examiner's Decision by Mrs. Jean Gunderson,' Mayor Beauchamp requested staff make opening statements. Supervising Associate Planner John Haddix reviewed the cover sheet and stated staff has nothing further to add at this time. Prior to the Mayor opening the public meeting for testimony, Council member Barnett questioned III - . whether the Hearing Examiner' has actually made a final decision since his summary states he will conduct another_ hearing_ in May. Vanek''stated under 15.15.040.4 states', "the Hearing Examiner may attach conditions to his approval in order to assure the development is consistent with the intent of this title, the zoning district, the development. standards and the other provisions of this title." He further explained that, the Hearing Examiner has `granted the ' Class' 3 i Use `with certain 'conditions concerning the impact of the senhnary`be' subje'ct to a- rehearing in a years time - Cou . member B -- questioned - whether - or not.. the parking issue would' have to Abe resolved at 'th'is' tune since the - ordinance 'states, the off- street parking arid'`;"loading _ _ -by this section shall be established prior to a ny change in `the use'-of land or structures and /or prior to the occupancy of any new or enlarged ' . ` structure" . Mr . 'Vanek stated he would need to research that issue prior to rendering an opinion. , At this time Mayor Beauchamp opened the public .meeting for testimony on this appeal. Jean Gunderson, 905 South 41st stated she would like to contest the change of use for the home at 903 South 41st Avenue for • seminary classes and offices for personnel. She stated they have a full facility within two blocks of the home they wish to purchase, and further stated the area is residential and is not compatible with a school or offices. She indicated the neighborhood has grown up around Eisenhower High School which has defined borders with no threat of intrusion' into. the residential area. Mrs. Gunderson - stated she had been told by a realtor that her property value will `'decrease if''the school' is allowed to `operate iri' the. neighborhood. Objections were also voiced concerning noise pollution and increased traffic congestion. She also stated the change is inconsistent with the residential landscape, noting the front lawn will be changed to a parking lot. Mrs. Gunderson stated the neighborhood• is primarily retired persons 'and' of residents ` have signed' _a' petition opposing sthe l operation`'of the seminary for various 'reasons..: - `' Yc r Shirley 'Mackenzie,'' b 911. 1 South 41st`' - Avenue, '''stated' she- = is in agreement with all of Mrs. Gunderson's`•statements Mrs Ma ckenzie indicated there is currently a severe parking problem with students Parking' on the stre in ' fr`ont ' of 'the residences and sometimes ' preventing mail delivery.., - Don Holloway, 907 South 41st Avenue, informed Council some of the neighbors conducted a survey and obtained signatures from 99% of the residents opposing the proposed seminary. He stated there are twelve property owners also adamantly opposed to the idea of a seminary class being conducted at this location. Mr. Holloway stated he feels the students should be able to walk two blocks to attend a seminary class at their church, thus leaving the residential neighborhood undisturbed. Mr. Holloway stated he does not feel the property owners were given any consideration regarding this proposed seminary. Gloria Salatino, 904 South 40th Avenue, spoke in opposition to the proposal due to the noise factor' generated sby 30 -40' students congregating each morning for seminary class. She indicated the 383 SEPTEMBER 9, 1986 residents. ,contend. with the...noise and,; activity : from the students throughout •the •day as well 'as_ having to pick up 'litter strewn about the neighborhood. . Carol 909 South 41st Avenue, -. spoke. in opposition to the seminary stating she feels it will. only add'to the current. parking problems already experienced. by residents - in the ;area. She indicated there have been times in the past when the carrier has been- unable to deliver mail due student's vehicles being parked in front of the. mailboxes. Ted Haubrich, 908 South 41st Avenue, stated he has lived in the neighborhood for over fifty years and proceeded to give the development history of the area. Mr. Haubrich stated he originally developed the area as R -1 with the intent of building single family residences, but was later approached and asked to build some apartment buildings to house the area's school teachers. Mr. Haubrich explained how the apartment buildings were designed in such a manner as to blend in with the surrounding single family homes, and added he would like to see the area remain R -1. Bob Reynolds, Second Counselor, Selah,,.Washington, StakeChurch of the Latter -Day Saints, spoke in favor Stake„ Church of the proposed seminary, • explaining he is responsible for .the-.religious-education of the young people in the Selah and Yakima area. Mr. Reynolds indicated he believes the proposed location of 903 South 41st Avenue is the most - suitable of all the locations which had been considered for the seminary due :,the close,Proximity. ,of. _ High ,School . He • explained the::students attending the seminary classes-(for one hour a day) :regularly attend Eisenhower High .School. Mr. .. - -- responded to Council's inquiries .and further stated 'it' is his intent to,comply.with all of the City Building, Sign and Zoning todes in relationship to. :the proposed seminary. : Ron Zeller, 6514 West Chestnut, spoke in favor of the proposed seminary stating the purpose in selecting this location.is for the convenience of the students attending Eisenhower High School. He stated this location allows the students the time needed to get to and from their other .classes without being tardy. Mr. Zeller argued that in order to get to the seminary class the students currently cross 40th Avenue, a dangerous and busy intersection. He urged Council to approve the request. . Phil Pleasant, 1202 Fair, spoke in favor of allowing the seminary to operate at 903 South 41st Avenue, and commended Mr. Reynolds for the religious education of the young people in the Yakima area. At this time Mayor Beauchamp re-opened the public meeting to allow further testimony from,opponents of .the, ; seminary..... Vincenta Smith, 1116 South 33rd Avenue, spoke in opposition of the seminary classes. Mrs. Smith stated the students are given credits to attend these religious classes and Eisenhower High School is being used to infiltrate Mormonism into the area. Gloria Salatino, 904.South 40th Avenue, stated -she is hot.against the Mormon church, however, she does not wish.to have this class in - the neighborhood .when the church is'.only two-blocks away: There being no one else. present • to speak for or against the proposed seminary,. Mayor 'Beauchamp - closed_ the - .public.. meeting. Assistant City Attorney. Vanek reviewed Council's options as outlined in the staff_report stating,Council.may. "adopt, amend and adopt., reject., _ reverse,., ,amend and .,reverse, ..,the.,_,_ findings, conclusions and decisions of the Hearing Examiner." It was MOVED by Foy, seconded by Barnett, to support the Hearing Examiner's position. _Council member Barnett stated he seconded the motion because most of the questions raised appear to be items which must be-,resolved. -at a later. date. Mayor Beauchamp relinquished the gavel to Assistant. Mayor.Barnett to address this issue. He stated he cannot support the request for the following- reasons: 1) the encroachment of another school into the neighborhood to conduct 384 SEPTEMBER 9, 1986 daily seminary classes is unacceptable, 2) the need for classrooms is currently being met by an existing facility located two blocks away, that being the Mormon church, 3) property owners in the area have been given the opportunity through the process provided in the Urban Area Zoning Ordinance, to oppose the operation of the daily seminary, and have adamantly done so, 4) the seminary students will only add to the parking and traffic congestion problems currently experienced in that area, and 5) high school students should be capable of crossing 40th Avenue to get to and from class in a responsible'and timely manner.'Council member Foy commented that it is always difficult to make a decision changing the mode for which property is used. He..s,tated in the past the area was rezoned from R -1 to R -3 to allow construction of apartment complexes to house school teachers. Mr. Foy indicated the • application states the property is to be used to conduct daily seminary classes, and the guidelines of the Urban Area Zoning ' ' ' Ordinance permit this` 'type ,, use `in` an' zone.' Based on the _ - 7 criteria of the Urban Area .Zoning Ordinance, he believes the Hearing Examiner•has „ruled appropriately. The'question was called for a vote on the motion. Carried by 5 -2 voice vote. Beauchamp and Sparling voting nay._Assistant_ Barnett returned the gavel to Mayor Beauchamp. . 9. • CONSIDERATION OF RESOLUTION ,REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM Bob Shampine, Code Administration Manager, was present and stated this is a routine matter which has previously come before Council on numerous occasions, and staff has nothing further to add to the report. There being no citizen present to contest this resolution, and the resolution having been read by title, it was MOVED by Berndt, seconded by Carmichael, to adopt the first resolution. Unanimously carried by roll call vote. RESOLUTION D -5293, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 10: CONSIDERATION OF RESOLUTION AUTHORIZING OF CONTRACTS FOR - THE CBD PLANNING PROGRAM (INFORMATION AVAILABLE MONDAY EVENING) This item was removed from the agenda by staff. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE CONTRACT WITH CH2M HILL' FOR' ADDITIONAL'''SERVICES'' FOR THE RATTLESNAKE PROJECT /FERC LICENSE • . RESOLUTION D -5294, A RESOLUTION authorizing the ,City Manager and ' - City °Clerk of the of Yakima to * execute an, agreement with CH2M Hill for professional engineering services. • 12.! CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT DEED TO THE YAKIMA HUMANE SOCIETY Council member Buchanan stated he is disturbed by the fact the Humane Society is requesting the City reduce the market value of the. easement (from the City of Yakima) to construct, maintain and operate a private sewer system in the location of the City's Wastewater facilities property. He stated two years ago the Humane Society expended a lot of money to install a septic system in order to avoid paying to connect to the City's Sewer line. He indicated that septic system has since failed and now they must connect to the sewer system. Mr. Buchanan stated he is uncomfortable with their present request to the City for a reduction in the assessed market value of the property under consideration for the easement. ' The resolution having been read * by tit1e, was MOVED by'Sparling, seconded by Berndt, th the resolution be :adopted. Carried by 4 -3 roll call vote. Buchanan, Carmichael and Foy voting nay. RESOLUTION D -5294, A RESOLUTION authorizing the execution of an easement deed with the Yakima County Humane Society, aka The Humane Society of - Central Washington. ' • - - 385 SEPTEMBER I986 • k13:1 CONSIDERATION OF :RESOLUTION=RATIFYING APPLICATIONoFOR WORKS ' TRUST FUNDS FOR'. CITY PROJECTSi FOR 19861::( _ .'n , -,-H- ,, RESOLUTION D- 5290, A RESOLUTION ratifying the submission by the City' of Yakima of a loan application for ,Public , Works Trust Funds with the Public Works Board. of the Department of_ Community ''Development of the State of Washington. .( *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR LEGAL SERVICES FOR CONDEMNATION OF 40TH AVENUE /SUMMITVIEW PROJECT RESOLUTION D -5291, A RESOLUTION authorizing hiring the law firm of Lyon, Beaulaurier, Weigand, Suko'&— Gustafson for legal services in . connection with 40th Avenue and Summitview Intersection Improvement Project. *15.. CONSIDERATION OF RESOLUTION AUTHORIZING, RATIFYING, AND ADOPTING THE APPLICATION AND ACCEPTANCE OF FEDERAL ASSISTANCE BY THE YAKIMA ' • i , FAIR TERMINAL''BOARD ; , ), , '-:f1 1 - , , '1. --ii—r. .1,-. RESOLUTION D -5292, A RESOLUTION authorizing the Chairman of the Yakima Air Terminal Board to execute Federal Aviation Administration grant documents. • *16. APPROVAL OF A RIGHT -OF -WAY USE PERMIT FOR THE'YAKIMA :MAL'L'r! _;O :' =: rTher.-ir"ight- of =wayi userrlrpermit; requested:: byi. Richard - Frenzel to r? construct ' an='- enclosed' stairwell • , at ., ': the i Yakima °Mall_ to -the Dos Primos Restaurant, was approved: '. ,:t, ': ; *17. SET DATE ''OF PUBLIC MEETING FOR APPROVAL OF .: ABRAMS vPLAT FOR SEPTEMBER 16, 1986 ` • September 16, 1986 was set as the date of public meeting on the final plat for Bellevue Manor, as requested by Myron Abrams. *18. APPROVAL OF OUT -OF -STATE TRAVEL FOR TOM FIELDSTEAD, FIRE DEPARTMENT, TO EMMITSBURG, MARYLAND The out -of -state travel request for Tom Fieldstead, Fire . Department, to attend a training course, September 28, 1986 to . October 10, 1986,.in Emmitsburg, Maryland, at a cost of $132, was ' approved. _. • *19. CONSIDERATION OF AN ORDINANCE APPROPRIATING FUNDS FOR THE PARKS t DIVISION (FIRST READING) �.� An ordinance appropriating; funds for the Yakima Valley Slow Pitch Association . program in the'Parks Division, having been read by title, only at this, meeting was laid on the table for one week or until September 16,. 1986. II 20. OTHER BUSINESS ..` City Manager Zias stated he has received a memorandum from Dennis Covell, Director of Engineering and Utilities, asking for Council's assistance with respect to the street project in connection with the sewer work on 72nd and 80th Avenues. Mr. Zais requested that some of the Council members volunteer to meet with the County Commissioners and City staff to discuss the issue. It was the consensus of the Council that Mayor Beauchamp, Council member Barnett, Council member Foy, City Manager Zais, and Dennis Covell meet with the County Commissioners regarding discussion of this matter. Council member Berndt agreed to act as an alternate representative from Council. Council member Barnett voiced his concerns about the process of the appeal to the Hearing Examiner's decisions, relating to receipt and packaging of the material. Council member Sparling questioned if the $90 appeal fee is adequate to cover staff's cost to prepare for the appeal and to deter frivolous appeals. Responding to Council 386 SEPTEMBER 9, 1986 member Carmichael's inquiry as to whether there is a legal requirement that Council listen to the audio recording of the Hearing Examiner's public hearing, City Manager Zais stated it is the Legal Department's opinion that Council is not required to do so. Council member Berndt interjected that staff tends to wander away from the microphone during their presentation, and not all of their comments are audible. Council member Carmichael asked that in the future staff label the material and place it in some type of order for Council to review. Council member Foy suggested the items be clarified by numbering prior to being delivered to Council. Discussion continued on increasing the fee for filing an appeal to which Assistant City Attorney commented that the matter - ' - scan_ be _researched, however,. of _an deny , access to} rights ofr,citizens ;who do-not haver ,the funds - -to.1f ile an rr ;; :appeal.: r Mr- • -Vanek - stated, • on a ,positive note:, ,citizens, coming forward to speak were making argument on the basis, of the facts. He asked Council to present any legal questions to him in advance of the Council meeting to allow him time to•research; the- i•ssue., Council member Buchanan referred to the Monthly .Minority Business Report from the Office of Housing & Neighborhood Conservation in which' it lists a contract for $152. He questioned 'why staff is awarding a contract for such a small amount. City Manager Zais stated he would check with staff and report back to Council. Information items Items of information supplied to Council were: Memo from Chief of Police regarding Increased Assumption of. Medical Costs Incurred by Jail Inmates. 9/3/86; Memo from Housing Supervisor regarding Minority Business Enterprise Report (MBE). 9/4/86; 1986 Community Development Block Grant Monthly Report* for August 1986; Minutes of the August 7, 1986 Civil Service Commission meeting; and Minutes of the August 19, 1986 Greater Yakima Constitution Bicentennial , Committee - meeting. - - : ± • • 21. . ADJOURNMENT There being no further business to come before the Council, it was MOVED by Berndt, seconded by Carmichael, that this meeting be ,adjourned at the hour of ,5:12 p.m. s. READ AND CERTIFIED ACCURATE BY � _ I� COUNCIL MEMBER D DATE' ATTEST: ' 1l /of,„di- - } Li COUNCI MEMBER DATE CITY CLERK M AY O • MINUTES PREPARED BY c ,1,4014:e�. _ DEPUTY TY CLERK • •,, • i' -l :