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HomeMy WebLinkAbout12/07/1982 Study Session 328 DECEMBER 7, 1982 STUDY SESSION The City Council met in session on this date at 1:30 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Lynn Carmichael, Clarence Barnett, Henry Beauchamp, Lynn Budhanan, Shirley Doty, W. K. "Pete" Moore and Jack Sparling. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Carmichael informed Council of • a request she had received to move It No. 4 up to the beginning of the Study Session, portion of the meeting. Betty Edmondson, .citizen, requested to speak on the item. It was also requested to move It No. 17 up to the beginning of the Business Meeting. - Mayor Carmidhael addressed the responsibility of the Council to make appointments to the Regional, Library Board. She II/ indicated that Gary Kissling 's first term will expire December 31, 1982, and Mr. Kissling had expressed an interest in being appointed to a second term. Mayor Carmidhael recommended that Council reappoint Gary Kissling to the Regional Library Board. It was MOVED by Doty, seconded by Moore to reappoint Gary Kissling to the Yakima Valley Regional.Library,Board for a second term. Unanimously carried by voice vote. • Council member Beaudhamp informed Council that the Red Cross has established a workshop for the unemployed, primarily for those people who are experiencing unemployment for the first time. The workshop is designed to provide coping skills. Council member Beauchamp was contacted by the group, requesting the City to provide free bus service to the First Presbyterian Church on Jnauary 21, 1981 from 8:30 a.m. to 9:30 • a.m. and - then 1:30 p.m. to 2:30 p.m. Mayor Carmichael questioned if the City can legally offer this service. It was the consensus of the Council to request staff to provide Council with more information regarding this request. 4. REPORT' ON COX CABLF TV RATE PROPOSAL Bruce Crest, Cable TV Coordinator, presented a report staff had prepared regarding Cox Cable's rate increase proposal, which included an increase from $9.50 per month to $10.50 per month for basic cable services (a 10% increase), and an increase in Most service Charges for installations, etc. (approx. 33% increase). He informed Council that Cox Cable has decided not to add a $.50 fee as a copyright charge, however, Cox Cable reserved the right to cane back to Council with this request_ at a later date. Mr. Crest also reminded Council that a procedure to regulate cable television rates has not been established. He explained that an ordinance would have to be enacted to give Council the authority to regulate these rates. He indicated that there isn't a sufficient amount of time to draft the appropriate ordinance prior to these rates becoming effective on January 1, 1983. Mr. Crest then responded to the question posed by the Council mmbers. Betty Edmondson, representing Yakima Valley Zonta International, a service organization, was present to speak against the proposed rate increase and petitioned the Council to have the proper legislation prepared to enable Council to regulate these rates. Mrs. Edmondson expressed the Club's membership is concerned about the delay in providing free cable connections to hospitals and nursing homes as promised by Cox Cablevision representative When they ldbbyed for the City of Yakima frandaise. She indicated this free service has not been done. Ken Sdhiller, General Manager of Cox Cable, was present to provide a detailed report on the new rate increase to the Council. Mary Place, 5710 Marilane, was present to request Council to regulate rates and allow another cable company to compete with Cox Cable. Janet Snodgrass, 407 No. 40th Avenue, was present to speak in opposition to the rate increase. Council member Beauchamp questioned Mr. Schiller regarding the free services that were allegedly promised. Mr. Schiller indicated he was not aware of the free service to nursing homes. He indicated that if that was a DECEMBER 7, 1982 329 part of the original promise, Cox would follow-up on the matter. Ines Rice, 4409 Arlington, was present to speak against the rate increase and urged Council to set some limits on rate increases requested by Cox Cable. It was MOVED by Beauchamp to move this item down to Item No. 10B of the Business portion of the meeting. The Motion died for lack of a second. Council member Barnett requested that staff provide further background information before Council makes a decision. It was MOVED by Doty, seconded by Beauchamp to direct staff to place this on the agenda, early in January, to explore options that were provided today, in more detail. Unanimously carried by voice vote. 2. REPORT ON PROPOSED MANAGEMENT COMPENSATION PLAN FOR 1983. II/ (CONTINUED FROM 11/23/82.) City Manager Zais expanded on the merit award system, indicating that 35% of the public management officials receive a merit award. Following discussion, it was MOVED by Moore, seconded by Budhanan to accept the City Manager's recommendation for Police Management to receive a 6.5% increase, Fire Management to receive 7.2% increase and the General Management, including the City Manager, to receive a 5.0% increase. Council member Doty expressed her opposition to the increases. Council member Barnett indicated he could not support the increase from 4.0% to 5.0% for General Management employees. It was MOVED by Sparling, seconded by Beauchamp to table the motion until the budget wrap-up meeting. Carried by 6-1 voice vote. Doty voting nay. 3. REPORT FROM DOIANTOWN AREA DEVELOPMENT COMMITTEE (DARC) RE: DOWNTOWN PARKING CONTROL Following a brief discussion, it was MOVED by Moore, seconded by Beaudiamp to move Item No. 3 down into the Business portion of the meeting under Item No. 10B and move into Executive Session for the purpose of discussing pending litigation. Unanimously carried by voice vote. BUSINESS MEETING 6. ROLL CALL At 3:00 p.m., the Council members commenced the regular meeting, Mayor Carmichael presiding. Council members Barnett, Beaudhamp, Budhanan, Doty, Moore and Sperling and City Manager Zais and City Attorney Andrews present on roll call. 7. INVOCATION The Invocation was given by City Attorney Andrews. II/ 8. CONSENT AGENDA Mayor Carrnichael referred to the items placed on the Consent Agenda, questioning Whether there were any additions or deletions from either Council members or citizens present. The City Clerk then read the Consent Agenda items including Resolutions and Ordinances by title. It was MOVED by Doty, seconded by Moore 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.) *9. MINUTES The Council minutes of October 27 and 28, 1982 and November 2, 8 and 9, 1982 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 330 DECEMBER 7, 1982 10.- CURRENT STUDY SESSION ITEMS A. Item No. 17 Commissioner Whiteside was not present to speak on this item, consequently, the item was placed back in the original order on agenda. B. Item No. 3 Assistant City Manager Wittenberg was available to respond to Council's questions. Council member Barnett questioned his concerns regarding the penalty fee Diamond Parking issues for non-payment of parking. He questioned if this report was the consensus of DARC or the citizens of Yakima. Council member Beauchamp questioned the third violation process. Council member Buchanan stated he felt the $2.00 fine is not as II/ excessive as the $5.00 fine for non-payment for meter parking. Council member Doty stated DARC felt very strongly that Diamond's signs should be made clearer and had suggestions along that line. It was MOVED by Beauchamp, seconded by Buchanan to approve the recommendtion of DARC. CarriPA by 5-2 voice vote. Doty and Barnett voting nay. 11. AUDIENCE PARTICIPATION None 12. APPEARANCE BY MR. AMAN, SAMBO'S RESTAURANT HELICOPTER LANDING. (CONTINUED FROM 11/23/82.) Earl King, Manager of Sambo's, was present to speak on Mr. Aman's behalf as Mr. Arran was called out of town. Mr. King informed Council that Sambo's restaurant is providing a party for underprivledged children and is requesting permission to Land a helicopter within City limits on Sunday, December 19, 1982. Council member Barnett questioned the safety involved. Mayor Carmichael questioned City Attorney Andrews regarding the City's legal liabilities. City Attorney Andrews informed Council that current City ordinances and codes prohibits what is being requested. He indicated Council may provide a permit for the landing of a helicopter within City limits, as it has been done in the past. Council member Doty suggested a possible alternative of using a fire truck instead of a helicopter. She suggested Mr. King contact the Fire Department to see if same kind of arrangement could be made. 13. REQUEST FROM PARKS AND RECREATION COMMISSION RE: STUDY FOR LIONS POOL. (CONTINUED FROM 11/23/82.) Stan Lodhrie, Chairman of the Yakima Parks & Recreation Commission, requested $10,000 to enable the Commission to conduct a needs assessment of Lions Pool, including a study of the aquatic needs of Yakima and how those needs should be met. Discussion followed regarding the use of the Metropolitan Parks Fund held in trust by the County. It was MOVED by II/ Moore, seconded by Doty to endorse the concept of the study and direct staff to prepare appropriation and loan. Unanimously carried by voice vote. 14. HEARING ON HOUSING ASSISTANCE PLAN Larry Wright, Assistant Director of Community & Economic Development, informed Council that the Housing Assistance Plan is a procedural step required by Cie U. S. DepaL of Housing and Urban Development and is part of the Community Development Block Grant application. Coundil member Barnett commented on the estimated 9.8% employment increase predicted for 1983, indicating he felt it is an optimistic estimate. Council member Beauchamp requested further information on the three-year goal. Council member Doty questioned if the Housing Assistance Plan could be amended in 1983. Kim Herman, Yakima Housing Authority, was present to inform Council of details of the goals outlined in the report. Larry Wright was available to respond to Council's questions. DECEMBER 7, 1982 331 15. CONTINUATION OF 1983 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS REVIEW AND BUDGET DETERMINATIONS (CONTINUED FROM 11/23/82) Southeast Yakima Community Center Council member Beauchamp removed himself from the Council due to conflict of interest on this item. It was MOVED by Barnett, seconded by Doty to fund the Southeast Yakima Community Center in the amount of $30,060 which is deleting $4,000 from the staff recommendation for the express purpose of new renovations in the clinic area. Council member Doty expressed her desire to see a tennant, other than in the medical profession, occupy the clinic. Unanimously carried by voice vote. Beaudhamp abstaining due to possible conflict of interest. RAILROAD MUSEUM It was MOVED by Moore, seconded by Beauchamp to accept staff's II/ recommendation to deny funding. Unanimously carried by voice vote. WELFARE RIGHTS It was MOVED by Sparling, seconded by Doty to deny funding to the Welfare Rights proposal. Council member Doty expressed her disappointment that the program did not work out as the concept was a good idea. Council member Beauchamp concurred that the concept was good, however, he felt the arrount requested may be excessive. Unanimously carried by voice vote. PLANNED PARENTHOOD It was MOVED by Barnett, seconded by Doty that Planned Parenthood be allocated $4,000 per the staff recommendation. Carried by 6-1 voice vote. Beauchamp voting nay. CITY OF YAKIMA PARKS It was MOVED by Moore, seconded by Beaudhamp to reduce funding by $2,500 from the staff recommendation of $21,200, therefore, providing funding in the amount of $18,700. Unanimously carried by voice vote. CarmidLael temporarily absent. FAMILY CRISIS It was MOVED by Doty, seconded by Beauchamp to concur with the Advisory Committee's suggestion and allocate $4,280 to this project. Unanimously carried by voice vote. Beauchamp temporarily absent. YAKIMA VALLEY COLLEGE-HANDICAP ACCESSIBILITY Mayor Carmichael expressed her concerns regarding the proposal, indicating she recognizes the need, however, there are State organizations and other avenues of funding available for these requests. It was MOVED by Moore, seconded by Sparling to deny funding. Unanimously carried by voice vote. YAKIMA COUNCIL ON ALCOHOLISM It was MOVED by Moore, seconded by Budhanan, that the Advisory Commission's reccmmendation be adhered to and, therefore, provide zero funding. Unanimously carried by voice vote. YAKIMA HOUSING AUTHORITY It was MOVED by Moore, seconded by Barnett that there be zero funding for the Yakima Housing Authority. Unanimously carried by voice vote. Council member Beauchamp indicated he would like to reconsider this item at a later date. YAKIMA NEIGHBORHOOD HEALTH Council member Doty expressed her concerns about the organization of this project. It was MOVED by Doty, seconded by Mbore, that Council recommends -funding for this project. Unanimously carried by voice vote. NORTH FRONT STREET IMPROVEMENT ASSOCIATION It was MOVED by Moore, seconded by Beauchamp to concur with staff II/ recannendation to recommend zero funding for the North Front Street Improvement Association, however, the Housing Services Center should make some contribution in assistance in the drawing up of a comprehensive plans. Council member Barnett requested clarification from staff regarding their funding recommendation. Council member Beauchamp expressed his desire to see the City work in partnership with private business in that area in the future. Council member Doty suggested looking at other alternatives, such as one made by Maud Scott, citizen, to set up a workshop comprising of people knowledgeable in the area of historic preservation. The question was called for the vote on the motion. Unanimously carried by voice vote. IRRIGATION Council members Beauchamp and Buchanan removed themselves from the Council due to conflict of interest on this item. It was MOVED by Moore, seconded by Barnett, to accept the Advisory Committee's reccmmendation of funding in the arrount of $200,000 and increase the allocation to the Irrigation Project to $300,000 as it is of top priority to renovate the irrigation system. Unanimously carried by voice vote. Beauchamp and Budhanan abstaining due to possible conflict of interest. HOUSING SERVICES CENTER Council member Doty addressed a number of questions about the Housing Services Center request such as 332 DECEMBER 7, 1982 staffing, work accomplished and annual goals. She proposed there be a complete evaluation of the program during January and February, 1983. She indicated this could be done in two study sessions, at a special meeting or by Council Committee according to Council wishes. She would also like to have the Advisory Committee members involved as much as possible so they can be better informed, It was MOVED by Doty, seconded by Buchanan to undertake a complete evaluation of the Housing Services Center program in January and February 1983. City Manager Zais commented that if the notion is to hold the line until the Council deliberates on this item, all of the proposed staffing changes will continue as proposals only and people that might be affected would continue in their present positions until the decisions of the Council are made in January or February. Council member Doty asked if this II/ procedure would be a problem. Larry Wright, Assistant Director of Community & Economic Development, indicated this procedure would create a major problem as e uld be exceeding the Federal guidelines. Council member Barnett requested clarification on the motion. The question was called for the vote on the motion. Unanimously carried by voice vote. Following brief discussion, it was MOVED by Moore, seconded by Beauchamp to allocate $680,000 for the Housing Services Center. City Manager Zais commented that the reduction for the Housing Services Center from the $730,250 recommended by the Advisory Committee, was not earmarked by the Council for any particular area. Council member Moore informed staff they could clarify the issue in January. The question was called for the vote on the motion. Unanimously carried by voice vote. City Manager Zais reminded Council further action is necessary on this item; that being the resolution and the contingency fund allocation. It was MOVED by Moore, seconded by Doty to allocate $33,420 to a contingency fund for the Canmunity Development Block Grant. Unanimously carried by voice vote. Resolution No. D-4743, having been read by the City Clerk, it was MOVED by Beauchamp, seconded by Doty that the Resolution be adopted. Unanimously carried by roll call vote. RESOLUTION NO. D-4743, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an application with the United States Department of Housing and Urban Development for federal funding for a community development program. 16. HEARING ON MAJOR MODIFICATION OF EXISTING PLANNED DEVELOPMENT LOCATED AT 3502 TIETON DRIVE, AS REQUESTED BY DR. D. A. HABECK This being the time fixed for the hearing on the Major Modification of the existing Planned Development at 3502 Tieton Drive, as requested by Dr. D. A. Habeck, Larry Wright, Assistant Director of Community and Economic Development, presented Dr. Habeck's request for a major modification for a professional office building at 3502 Tieton Drive, which was approved by the Planning Commission. Mr. Wright indicated the II/ request is for a placement of another roof level on that structure which originally was to be a low roof structure. A minor modification was used due to emergency conditions that existing at the structure on the current roof. Following Larry Wright's introduction, Council member Barnett questioned if medical offices would be included in this office building. He also questioned if Dr. Habeck had contacted Mrs. Comstock. Larry Wright informed Council that the Doctor had originally indicated to the Planning Division that he had contacted the major majority of citizens in the area. The Planning Commission requested that Doctor recontact some of the neighbors and in testimony at the Planning Commission, that was not accomplished. Council member Moore questioned why the Planning Commission and staff concurred with Dr. Habeck's request when the original request was for a planned development of a low profile structure and now Dr. Habeck is requesting a high profile structure of Which the neighbor's oppose, and, secondly, the proposer was instructed to reconact the people and he did not, indicating he has not complied on DECEMBER 7, 1982 333 this request. Larry Wright expanded on the history and background of Dr. Habeck's request. Council member Doty questioned the status of the structure to date. Larry Wright indicated construction had been completed as far as allowed without the major modification. Thomas A. Dietzen, attorney for Weeks, Dietzen & Skala, representing Dr. Habeck, provided Council with historical background on the structure at 3502 Tieton Drive. Mr. Dietzen distributed pictures of other two story medical office buildings located in the City. Mr. Dietzen spoke in support for the major modification request. George Sanford, 424 S. 35th Avenue, was present to speak in apposition to the major modification. Mr. Sanford indicated he owns the property located on the north side of Tieton Drive and urged Council to use extreme caution When making their II/ decision. He informed Council of historical information regardi th ng e zoning and subsequent developments th ents of the area. Mr. Sanford indicated he had been approached two times by Dr. Habeck with the petition and a model and plans of the addition, showing the new roof top. Mr. Sanford indicated that for those residents Who were hesitant to sign the petition, Dr. Habeck indicated there were two alternatives he could pursue; 1) Dr. Habeck could build apartments on the property, or 2) Dr. Habeck mentioned bringing a suit against the City. Mr. Sanford went on to say there were two Planning Canmission hearings held. At the first hearing, the attitude of the people seemed to be against the modification. At that time, the Planning Canmission requested Dr. Habeck to contact the neighbors to see if a compromise could be readied. Mr. Sanford indicated this was not done. He informed Council that the attitude of the people at the second hearing had dhanged in favor of the modification. Mr. Sanford continued, informing Council that this building would effect those people nearest to the buil ding, Obstructing the view, reducing privacy and adding congestion to the area. He suggested that in view of the Doctor's reluctance to ccmpranise in any way, not only should his request be denied, but the structure should be restored to the original height before any alterations were made. Mr. Dietzen clarified for Council that Dr. Habeck did, in fact, try to compromise with the neighbors in good faith and feels that the result of the petitions should stand. There being no other citizens wishing to speak to this issue, the public protion of the hearing was closed. Council member Moore questioned Larry Wright if this building would meet the off-street parking regulations without using the nearby church parking lot. He also asked why the building permit was issued before the approval was granted for the structure. Larry Wright clarified the procedures that were followed. City Attorney Andrews informed Council that since the Council had questioned Larry Wright regarding the development after the hearing had been formally closed, the applicant is eligible for a rebuttal, if there is one. The hearing was re-opened. Mayor Carmichael questioned if there II/ was anyone wishing to speak in support of this major this modification to is planned development. Dr. Habeck, speaking in support of the major modification, clarified the procedures he had followed regarding the request and reiterated he had done so in good faith. There being no other citizen wishing to speak to this issue, the public portion of the hearing was closed. It was MOVED by Beaudhamp, seconded by Moore to refer this item back to the Planning Commission. City Attorney Andrews clarified for Council that by referring this it back to the Planning Commission, Council has in a preliminary way denied or not granted approval of this and Council would be asking the Planning Canmission to review to determine if there should be another hearing at that level. Council member Beaudhamp expressed his desire to see the parties involved meet and try to read h a compromise. Council member Doty expressed her concern regarding a clarification of the restrictions regarding 'protective convenants. City Attorney Andrews clarified that the protective convenants, if there are any, are subject to enforcement by a process that does not include the City, therefore, it is a private matter as opposed to a public zoning matter. The question was called for a vote on the motion. Unanimously carried by voice vote. 334 DECEMBER 7, 1982 17. REPORT ON ALTERNATIVE DISPOSAL SITE - GREENWAY PROPOSAL (CONTINUED FROM 11/23/82) It was MOVED by Moore, seconded by Beauchamp to accept the report. Unanimously carried by voice vote. *18. CONSIDERATION OF - A RESOLUTION AUTHORIZING EXECUTION OF A "PUBLIC TRANSIT ENERGY ODNTINGENCY PLANNING TECHNICAL ASSISTANCE WORKING AGREEMENT." RESOLUTION NO. D-4744, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a "Public Transit Energy Contingency Planning Technical Assistance Working Agreement" with the Yakima Valley Conference of Governments. *19. APPROVAL OF FINAL CDNTRACT PAYMENT FOR BUS SITE SHELTER IMPROVEMENT PROJECT II/ The report fran the Director of Engineering and Utilities dated December 7, 1982, with respect to the completion of the work on the Bus Shelter Site Improvement project, performed by Patterson Concrete Company was approved, the work accepted and payment of the final estimates therein set forth was authorized. *20. AN ORDINANCE AUTHORIZING AN AMENDMENT OF A LOAN AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY ORDINANCE NO. 2652, AN ORDINANCE of the City of Yakima, Wash- ington amending Ordinance No. 2526 to increase the maximum amount of a loan authorized therein frOm the State of Washington, Department of Ecology; authorizing the execution of amendments to the loan agreement; and declaring an emergency. *21. AN ORDINANCE REDUCING UTILITY TAX RATES FOR NATURAL GAS AND TELEPHONE BUSINESSES TO CONFORM WITH PROVISIONS OF STATE LAW ORDINANCE NO. 2653, AN ORDINANCE relating to licenses and business regulationS; imposing occupation taxes 'On public utilities and setting the rates of such taxes; amending Section 5.50.050 A of the City of Yakima Municipal Code; and declaring an emergency. *22. AN ORDINANCE APPROPRIATING FUNDS TO THE EQUIPMENT RENTAL FUND. (FIRST READING) An ordinance appropriating funds for the Equipment Rental Fund, having been read by title only at this meeting, was laid on the table for one week or Until December 14, 1982. 23. OTHER BUSINESS II/ Information Items Items of information provided to Council were: Council calendar for December, 1982; correspondence fran the Utility Rate Advisory Board re: status of the water rate review. 11/30/82; notification of organizational 'meeting for the Central Washington Health System Agency Yakima Sub Area Advisory Council. 11/22/82; correspondence from J. S. "Bud" Applegate re: proposed water rate increase. 11/22/82; letter fran Freya Burgstaller resigning from the Human Relations Commission. 11/23/82; letter fran Greta Atwood resigning fran the Yakima Center Advisory Commission. 11/26/82; article from the 11/30/82 Wail Street Journal, "Regan Hints to Mayors That He'll Seek Renewal of U.S. Revenue Sharing in '83."; article fran the 11/22/82 Nation's Cities Weekly, re: "Cities' Response to NIC Survey Shows Dramatic Need for Revenue Sharing."; memo fran City Attorney re: damage claim referred to insurance company. 12/1/82; Fire Department Emergency Activity Report for November, 1982; report of Code Administration Office Activities for November, 1982; minutes DECEMBER 7, 1982 335 of November 15, 1982 Utility Rate Advisory Board meeting; minutes of November 10, 1982 Yakima Air Terminal Board meeting; minutes of November 8 & 22, 1982 Parks & Recrei.ation Commission meetings; announcement of Wood Stove Seminar scheduled for December 15, 1982; and Legislative Bulletin No. 18, November 30, 1982. 24. ADJOURNMENT ., There being no further business to cane before the Council, it .!F; : :74 • was MOVED by Beauchamp, seconded by More that this meeting be adjourned at the hour of 6:25 p.m. Unanimously carried by voice vote. 11/ READ AND CERTIFIED ACCURATE BY DATE ' - '11 ' , • tt ODUNCIL R I g COUNCI I: R ATTEST: " Qc0A,A,Aati2 • CITY I MAYOR ) • v", - • w:1",r