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HomeMy WebLinkAbout07/26/1983 Study Session JULY 26, 1983 STUDY SESSION The City Council net in session on this date at 2:00 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Assistant Mayor Lynn Budaanan, Clarence Barnett, Shirley Doty, W.K. "Pete" Moore, and Jack Sparling. Council member Henry Beauchamp present after 2:05 p.m. Mayor Lynn Carmichael absent. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Assistant Mayor Buchanan indicated he had received a request for Council to co-sponsor a joint meeting with the Conference II/ of Governnents (COG), the County and the League of Women Voters for a membership kick-off and u with eeting wi legislators _ of the League of Women Voters on September 15, 1983 at the Central Lutheran harch at 7:30 p.m. It was the general consensus of the Council to co-sponsor the joint meting. Council nember Barnett indicated he would like to authorize the City Clerk to open his mail and notify him of any timely information. Council members Doty and Buchanan concurred. Council member Doty informed Council she had received a call from a builder in town who was concerned with the City's R-3 zoning requirement pertaining to side yards, wherein the regulation specifies that buildings over one story shall provide a side yard on each side of the building of not less than fifty percent of the height of the building. She questioned if eight feet would be sufficient for side yards of a building that was between 17 and 20 feet high. Fred Norton, Code Manager, informed Council the side yards portion of the R-3 zoning requirements will be coming to Council in the near future with a proposed change in size to allow for a ten foot minimum. Council member Doty questioned if it would be possible to allow for an eight foot minimum requirement for side yards for one and two story buildings, and questioned if staff could research this possibility. Council member Moore commented that one of the purposes. of the side yards requirement is due to the need for adequate accessibility of fire personnel in the event fire protection is necessary. 2. STATUS REPORT ON BUSINESS LICENSE COLLECTION EFFORTS Fred Norton, Code Manager, reviewed staff's report regarding delinquent business licenses for 1983, informing Council of the past year's practices in dealing with.this problem which included turning all delinquent business licenses over to a collection agency. Council member Sparling questioned how much of the delinquent business licenses were collected by the collection agency last year. Fred Norton responded, informing II/ Council $1,644.65 was received. Council member Barnett ed questioned the procure when a business does not pay the business license and will not respond to the collection agency's attempt to recover the cost. John Vanek, Assistant - City Attorney, responded, informing Council of appropriate legal action in this case. Discussion followed regarding past practices regarding the use of a collection agency to recover delinquent accounts. It was MOVED by Barnett, seconded by Doty to place this it as Item No. 7a under the Business portion of the agenda. Unanimously carried by voice vote. Carmichael absent. 3. REPORT ON WEED ABATEMENT PROGRAM Fred Norton, Code Manager, was present to review staff's report and informed Council that staff has received 85 can- plaints regarding weedy lots to date. He informed Council the staff time spent inspecting complaints of weedy lots has increased from 7.5 hours in March to 43.5 hours in June. Mr. Norton explained that due to an unusually large amount of rain 32 JULY 26, 1983 this spring, weedy lots are a significantly larger problem and present a potentially greater fire hazard than in previous years. Council member Barnett addressed the prdbleM of is in the alleys of the City, stating any type of weed abatement program should also apply to alleys as well as vacant lots. Fred Norton addressed staff's report %herein staff is proposing a survey program this year of which one or more college students would be hired on a part-tine basis to check, and list the lots presenting a hazard. He indicated the students would survey the lots this year and determine which lots need acton at this time. He stated the owners would then be contacted and requested to eliminate the fire hazard; if clean up is not effected within a reasonable time (approxirrately two weeks) then the. matter will be referred to the Legal Department for action on a Fire Code violation. Mr. Norton stated that taking action this year would provide valuable information for next year When staff will be able to begin earlier with an effective weed abatement program. Council member Doty commented on the weed problem regarding sidewalks and also expressed her concern of transferring $2,000 for the weed abatement program from the City Hall Maintenance Budget. She suggested transferring the $2,000 needed fran the Council's travel budget, leaving a $3,400 balance, which is sufficient. ' Addressing Council member Barnett's request for clarification of the City's authority to remove hazardous weeds, John Vanek, Assistant City Attorney, ,.provided an explanation of the authority per Section 11.201(a) of the 1982 Uniform Building Code regarding excessive weeds on vacant lots. City Manager Zais commented that if the proposed Weed abatement program were implemented, staff would have a good basis of information from which to find out What the problem is and how to address it better next year. It was MOVED by Doty, seconded by Beauchamp to place this item as Item No. 7b under the Business portion of the meeting. Unanimously carried by voice vote. Carmichael absent. Referring to the letter from Superior Refuse Removal, Inc., dated July 18, 1983, in Council's information packet, City Manager Zais stated Superior Refuse Removal is requesting the removal of the Washington Utilities and Transportation permit requirement contained in the City's ordinance. He commented that staff would have to await the outcome of the referendum election in September on the repeal of Ordinance No. 2637 regarding refuse collection before action can be taken on this letter. It was MOVED by Barnett, seconded by Sparling to adjourn until the Business Session at 3:00 p.m. Carried by 4-2 voice vote. Doty and Moore voting nay. Carmichael absent. BUSINESS MEETING 4. ROLL CALL At 3:00 p.m., the Council members commenced the regular meeting, Assistant Mayor Buchanan presiding, Council members Barnett, Beaudhamp, Doty, Moore and Sparling and City Manager Zais and Assistant City Attorney Vanek present on roll call. Mayor Carmichael absent and excused. 5. INVOCATION The Invocation was given by Council member Moore. 6. CONSENT AGENDA Assistant Mayor Buchanan referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions fran either Council members or citizens present. Council member More requested Items Nos. 7a and 10 be added to the Consent Agenda. Council member Beauchamp requested Item No. 18 be added to the Consent Agenda, however, Council 33 member Barnett indicated he wished to comment on that item. Barnett requested Item No. 13 be removed from the Consent Agenda. It was the general consensus of the Council that the addition of Items Nos. 7a and 10 and the deletion of Item NO. 13, as requested, be made. The Deputy City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Moore, second by Doty that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Carmichael absent. 7. CURRENT STUDY SESSION ITEMS A. Item No. 2 The report from the Director of Cannunity and Economic Development, - dated July 26, 1983, regarding the Status Report 11/ on 1983 Busine88 License Collection, was accepted and approved. B. ITEM NO. 3 It was MOVED by Doty, seconded by Barnett to authorize staff to transfer $2,000 frtm the Council budget to Code Adtinistration's budget to hire temporary help to implement a weed abatement program. Unanimously carried by voice vote. Carmichael absent. 8. AUDIENCE PARTICIPATION None 9. CONSIDERATION OF THE CLASSIFICATION OF 'A MINOR OR MAJOR MODIFICATION TO THE PLANNED DEVELOPMENT OF 3502 TIETON DRIVE, AS REQUESTED BY DR. D. A. HMSO< Council member Barnett questioned Dr. Habeck regarding the windows discussed at last week's Council meeting, inquiring if Dr. Habeck was planning to install a dormer in the south side of the building as well as the north side. Dr. Habeck responded affirmatively. Council member Moore commented that George Sanford and Marlan Brisky were present today and referred to the Council minutes of January 25, 1983, Wherein Council denied Dr. Habeck's request for a major modification at 3502 Tieton Drive. At that time, Council member Moore questioned Mr. Sanford if he was opposed to the roof structure as it currently exists without the major modification to which Mr. Sanford responded stating he "could live with it." Council member Moore commented that Dr. Habeck has stated the height of the roof line will not change and he will be installing skylights only to the building and, therefore, would not affect the neighbor's privacy. Council member Moore questioned Mr. Sanford and Mr. Brisky if the proposed modification today would still create a problem for either of them. George Sanford, 424 South 35th Avenue, stated he II/ objected to the intrusion of privacy and stated he is basically opposed to creating a business-like atmosphere in the neighborhood. He expressed his concern that he understood a modification to 3502 Tieton Drive was denied in January 1983 and did not feel Dr. Halledk's request today was valid. He stated that the issue was not necessarily the windows or the height of the building, but the neighbors' right to protect their environment. Council member Barnett questioned if Dr. Habeck put a dormer on the north side, with no windows, and did not elevate the height of the roof, would the building be more aesthetic than it is now. Mr. Sanford questioned if any decision made today will affect the decision made by the Council in January, 1983. Council member Beauchamp commented he had been the Council member Who made the motion in January to deny the major modification because the roof was being elevated and that the neighbor's view would be Obstructed. He stated Dr. Habeck has the right to come back to Council with an alternative and it appears the proposed plans would improve the appearance of the building. Council member Doty asked Mr. 34 JULY 26, 1983 • Sanford if he would like to review the sketches contained in the Council packet today. Mr. Sanford responded affirmatively and stated he would like the letter he had prepared for today to ba entered into the record. He also stated Mr. Tregloam Who lives in the first house south of the new development was in opposition to the modification. Marlan Brisky, 423 South 35th Avenue, expressed his concern of Dr. Habeck possibly dhanging the structure in the future installing regular glass wincbws Which would affect his privacy and property value of hone due to possible sun reflection from the windows. Council member Moore reiterated that only dormers or skylights would be installed, and therefore, would not the privacy of the neighbors. , Mr. Brisky questioned if the plans filed today would keep Dr. Habedk from being able to install any windows in the upper portion of the building in the future. Council member Doty questioned if there was any way to insure or eliminate the possibility of Dr. Habeck being able to add windows to this modification in the future as this seems to be a major concern of the neighbors. - Larry Wright commented on the possibility that Dr. Habeck might volunteer to write in a deed restriction on the property stating that no wincbws would be installed in the upper north portion of the structure. He stated he had not discussed this with Dr. Habeck previously and then asked Dr. Habeck if he would have any problems with a deed restriction of this type. Dr. Habeck indicated, in principal, that yes, he would have a problem with a deed restriction as he felt this put an undue burden on the property. Council member Sparling suggested Dr. Habeck talk with Larry Wright and cane back next week regarding his decision. It was MOVED by More that Council accept staff's report, that this request be a major modification. The motion died for lack of a second. Council member Beauchamp commented he preferred Council member Sparling's suggestion. It was MOVED by Beauchamp, seconded by Sparling to table this item for one week. Carried by a 4-2 voice vote. Buchanan and Moore voting nay. Carmichael absent. *10. PRESENTATION OF SECOND QUARTER 1983 BUDGET STATUS REPORT The report from the Director of Finance and Budget dated July 26, 1983, regarding the investments of the City of Yakima, was accepted and approved. *11. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH YAKIMA HEALTH DISTRICT FOR DATA PRESSING SERVICES RESOLUTION NO. D-4842, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Data Processing Services Agreement with the Yakima Health District. *12. RESOLUTION AUTHORIZING EXECUTION OF A WORK EXPERIENCE AGREEMENT WITH STATE OF WASHINGTON EMPLOYMENT SECURITY-DEPARTMENT RESOLUTION NO. D-4843, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Work Experience Agreetent with the State of Washington, Employment Security Department. 13. RESOLUTION AUTHORIZING EXECUTION OF A WORK STUDY PROGRAM WITH EASTERN WASHINGTON UNIVERSITY Council member Barnett expressed his concern with the work experience agreement Which did not address the student's hours or the City's receipt of data from the student's masters' thesis. He stated the research proposed to be done at this time is somewhat a duplication of the research completed and Obtained by the Transit Marketing Specialist. Bill Schultz, Transit Manager, informed Council that the information Obtained by the student would be the City's property of Which the City would allow the student to utilize in his or her thesis. Council member Barnett referred to the survey completed by the Marketing Specialist in December, 1982, to which Bill Schultz responded, informing Council the survey did JULY 26, 1983 35 not give specific statistics on ridership which is needed at this time, and staff believes the work study program is the most time effective manner in which to proceed. Council member Barnett reiterated his concern of the lack of legal ;language which specifies the data obtained by the student is the property of the City. Discussion followed regarding the cost and procedures of the work study program. Council member Doty suggested the possibility of utilizing Doug Johnson of the Conference of Governments (COG) to work on this study under the assessment the City pays to COG. Bill Schultz responded, indicating he has contacted COG and they did not feel they could take on the magnitude of this type of study at this time. Council member Beaudhamp expressed his approval of utilizing the services of COG if possible, however, if it was II/ not possible, he felt the work study program would be beneficial to both the City and the student. It was MOVED by Beauchamp that the resolution be adopted. The motion died for lad of a second. Council member Doty stated she would like to see the City ask COG to help in this study and questioned if an amendment could be added to this item which addresses her request for COG's participation and which also addresses Council member Barnett's concerns. Bill Schultz responded, indicating staff could try and accomplish Council's reguests. Resolution No. D-4844, having been read by title, it was MOVED by Doty, seconded by Sparling to approve the resolution contingent upon amending the agreement to address Council member Barnett's concerns of receiving actual work/material and contingent upon not being able to obtain COG's assistance to perform the work under the City's assessment. Carried by 5-1 voice vote. Moore voting nay. ' Carmidhael absent. **RESOLUTION NO. D-4844, A RESOLUTION authorizing the execution of a State Work Study Program with Eastern Washington University. *14. APPROVAL OF FINAL CONTRACT PAYMENT FOR BUS SHELTERS The report from the Director of. Engineering and Utilities dated July 26, 1983 with respect to the completion of the work on eleven bus shelters, performed by Midwest American Shelters System, was approved, the work accepted and payment of the final estimates as therein set forth was *15. APPROVAL OF OUT-OF-STATE TRAVEL The out-of-state travel for Dave Rhodes, Director of Public Works, to attend the 1983 International Public Works Congress and Equipment Show in- Detroit, Michigan, September 10-15, 1983, at a coSt of $978, Was approved. *16. ORDINANCE AMENDING THE MUNICIPAL' CODE REGARDING OVERTIME PAY II/ ORDINANCE NO. 2709, AN ORDINANCE relating to City government personnel; defining "time worked" for determining overtime pay; and adding Sub Section 2.40.100F as a new section of the City of Yakima Municipal Code. *17. ORDINANCE AMENDING THE 1983 BUDGET AND APPROPRIATING FUNDS TO THE WATER DEPARTMENT (First Reading) The ordinance amending the 1983 Budget and appropriating funds to the Water Fund, having been read by title only at this meeting, was laid on the table for one week or until August 2, 1983. 18. ORDINANCE AMENDING THE CITY COUNCIL MEETING SCHEDULE An ordinance amending the City Council meeting schedule having been read by title, it was MOVED by Doty, seconded by More that the ordinance be passed. Council member Doty stated she believed the 1:30 p.m. ccmmencement time would assist Council 36 JULY 26, 1983 to address the items on the agenda and allow for Council to end the meeting in a more timely manner. Council member Barnett expressed his support of the 2:00 p.m. meeting time as it allows for better scheduling of other meetings. Council member Moore stated he did not believe the 2 :00 p.m. time allowed for sufficient time to address the study session its properly. City Manager Zais informed Council of an alternative which would not provide for a study session, rather each iten would be placed on the agenda, to be addressed in the order of the agenda. Council member Sparling stated he preferred the Study Session beginning at 2 :00 p.m. versus the 1 :30 p.m. time frame. The question was called for a vote on the motion. Failed by 3 -3 rol 1_ call vote. Barnett, Beauchamp and Sparling voting nay. Carmichael absent. 19. OTHER BUSINESS None Information Items: Items of information supplied to . Council were: letter from Superior Refuse Removal, Inc., requesting removal of portion of ordinance which requires a firm to have a Washington Utilities and Transportation permit to allow .to collect and dispose of garbage inside the city limits of Yakima. 7/18/83; article from the Wall Street Journal "Despite Improvements, Local Transit Lines Must Raise Standards Further, Expert Says." 7/19/83; and memo from City Attorney regarding status report on Olga Gomez litigation. 7/20/83. 20. EXECUTIVE SESSION It was MOVED by Sparling, seconded by Beauchamp to move into Executive Session for the purpose of discussing collective bargaining and then immediately adjourn the meeting. Unanimously carried by voice vote. Carmichael absent. 21. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at the hour ,of 4:50 V m. READ AND CERTIFIED ACCURATE BY il /1", 4 _ % `! i' /,r.' DATE - ��� +-` ' CIL Ia :i R if �/ DATE 7 — /3 - F sou R A'rr'EST : QTY CrFRK 4' ASSISTANT MAYOR * *Staff determined Resolution No. D -4844 to be invalid and to be reassigned as Council's amendments could not be incorporated into the agreement.