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
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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.