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HomeMy WebLinkAbout10/04/1983 Special Meeting 84 October 4, 1983 SPECIAL MEETING -EXECUTIVE SESSION The City Council net in session on this date at 11:40 a.m., in the Lower Meeting Roam of the Tome Plaza, North 7th Street and East Yakima, Yakima, Washington. Council members present were Mayor Lynn Carmichael, Clarence Barnett, Lynn Buchanan, Henry Beaudhamp, Shirley Doty and Jack Sparling. Council member W. K. "Pete" Moore absent and excused. Council member Buchanan absent after 12:20 p.m. The Council held a special meeting called by the Mayor for an Executive Session for the purpose of discussing personnel. There being no further business to cane before the Council, it was MOVED by Barnett, seconded by Doty to adjourn the meeting at the hour of 1:50 p.m. Unanimously carried by voice vote. Buchanan and Moore absent. , . READ AND CERTIFIED ACCURATE BY4%% (DATE ODUNCIL MEMBER DA TEL4 3 °DUNCE MEMBER ' ATTEST: , ) , d £Ls.. g - CITY CLERK / MA 6R OCTOBER 4, 1983 8 5 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 Mayor Lynn ,Carmichael, Clarence Barnet Henry BealidnaMp;'8hirlsy Doty and Jack Sparling. Council member Lynn Budhanan present after 2:43 p.m. Council member W. K. "Pete" Moore Absent: 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Barnett stated he had received a telephone call from William Orr informing him there has been another accident at the intersection of'48th Avenue and Tieton Drive. Council II/ member Barnett stated Mr. Orr referred to the petition he and other citizens filed with the City requesting a street light at. that intersection and questioned, the status of that request. Dennis" Cove11,' Director of Engineering and Utilities, informed Council staff has applied for federal ' funding for the project and, if the funding is'notavailable, staff will return to Council requesting authorization to use gas tax funding to construct the light. He estimated the project would cost approximately $350,000 and--should be completed within 12 to 18 months. - ' _ Referring to the no from the Sanitary Engineer regarding Wastewater Treatment Plant Contract No. 5 'EUndh 'Last Work, Council member Beauchamp expressed his concern at the numerous - outstanding punch list -items which need to be completed. Dennis Covell, Director of Engineering and Utilities, assured Council that staff has experienced good cooperation with the contractor in the past and the retainage fee of $5,000 would cover completion of the outstanding --- Council member - Sparling addressed the previous- discussion regarding the petition for a street light at the intersection of 48th Avenue and Tieton Drive. He questioned if there were any alternatives available Which would be less expensive than the alternative mentioned by the City Engineer:Thennis Covell informed Council staff has improved the intersection as much as possible with signs and painting and stated the only other alternative is to construct a temporary signal Whidh would involve not only maintenance costs, but would have to be taken down. When the new 'signal is ready to be installed. Council member Doty questioned if a faur-way stop could be constructed at that intersection. Hank Hein, Supervising Traffic • Engineer, responded, stating a, four-way stop would not be an efficient answer to this problem due to the difference in elevation of the road in the area of the intersection, causing • the stop sign to not be as visible as it should be. Discussion followed regarding the necessity of a signal at that intersection in a timely manner. Council member Doty questioned if a "Stop Ahead" sign could be constructed going west on Tieton Drive prior to the fair=WaY Stop at the intersection. Hank Hein indicated he would like to discuss these suggestions with the Traffic Safety Committee before cammmiting himself and indicated this item would be on the next Traffic Safety Committee's agenda. 2. REVIEW AND CONSIDERATION OF PROPOSED LEGISLATION TO DEREGULATE TAXI CAB BUSINESSES City Manager Zais provided background information regarding previous discussion of this item at the April 19, 1983 Council meeting. Grace Kauzlarich, representing Yellow Cab Company, was present to express her opposition to the proposed deregultion of taxi cab businesses. She stressed the necessity of rules and regulations for private industries and questioned Who would benefit from deregulation. Ms. Kauzlarich informed Council taxi drivers work on commission and the proposed deregulation would result in a reduction of the driver's salaries. She stated if the taxi cab business is deregulated, there would not be adequate protection for the taxi cab 86 OCTOBER 4, 1983 drivers and for the ,public they service. Ms. Kauzlarich reiterated the necessity for rules and regulations for the taxi cab industry. Mayor Carmichael informed Ms. Kauzlarich .the City is subject to state and federal laws and the City is concerned regarding - the - areas of deregulatibn and antitrust. George Kapellas, Diamond Cab Company, expressed his opposition to,taxi cab dereplationin the City. Be questioned if the peoPbsed deregulationgoeS effect, who wSuid Iod c. to for safety checks regarding the taxi cab business. He addressed the problemof, increased.criaerateewhentaxi cabs have been deregulated And stated 42% of his business are the elderly, handicapped and developmentally disabled persons. (Bpdhanan, preaent„,after 2:43p?.m.) Council member Barnett stafed due to Seattle's experience with deregulation, he believed that the City's antitrust attorney should be ,consuAted,before,takinT action on the proposed ordinance. He suggested that perhaps this is the apprcpriate time the City needs to develop antitrust guidelines or policies for all City operations which might be, subject.. to ,antitrust matters. It was MOVED by Barnett, seconded by Sparling that this action be tabled until such time ue are able to do the aforementioned subjects. City ManagerZais questioned if thereere two .assignments in one motion; to communicate with the City's antitrust attorney and table this until that information is available to bring back for Council's information. Council member Barnett stated he had an additional point; that this might be the time when the City would want to develop an antitrust ccmpliance. program to research other areas of City operation that may be subject to antitrust laws. Mayor Carmichael questioned if the original motion was authorizing , the, hiring of an attorney and then directing staff to bring it back to the Cbuncil. Council member Barnett stated he was concerned with the first two parts of his motion; to consult with the City's antitrust attorney and to table this item at this time. However, he stated he felt the City should give consideration to establishing an antitrust compliance program. )A Council Temper Beaudhamp_exRressed his concern, questioning if the legal opinion received frcm the antitrust attorney would be valid, as the subject of antitrust is so undefined. City Attorney Andrews informed Council that the initial recommendation made to Council Was not based on legal grounds, rather a policy issue. He informed Council that when the initial study on Titles/ was made, staff was not assensitive to antitrust considerations as they are today. He stated if Council is concerned with legal issues as well as policy issues_regarding of private businesses, itould be advantageous for staff to review new material on' taxi cab regulation by municipalities. He stated staff had just become ; aware ,,this information was _available, and,,as ordered the infonution. He stated if it would meet the intent of the motion, he suggested staff review this material before contacting Hugh, Bangasser, ,antitrust conaultant, thereby giving staff update d information regarding taxi cab deregulation. Council membe Barnett stated with that additional information he would withdraw his motion. It was MOVED by Barnett, seconded by Beauchamp to table this item. Unanimously carried by voice vote. Moore absent. It was the general consensus of the Council to request staff to apprise the Council of the new information. I r 3. REVIEW OF PROPOSED MODEL TRAFFIC ORDINANCE Council member Barnett questioned if it would be beneficial to :dscusa this it at a, later date Councildelayed action on Item No. 2 which seems related to this item. — dity Attorney Andrews responded affiLnutively. It was the general consensus pf,Ahe Council to continue,this, item at a later date. ••• : ,•, - , , 87 OCTOBER 4, 1983 BUSINESS MEETING 4. ROLL CALL At 3:00 p.m., the Council nembers commenced the regular meeting, Mayor Carmichael presiding, Council members Barnett, Beaudhamp, Budhanan, Doty and Sparling and City Manager Zais and City Attorney Andrews present on roll call. Council member W. K. "Pete" Moore absent and excused. INVOCATION The Invocation was given by City Attorney Andrews. II/ 5. CONSENT AGENDA Mayor Carmichael referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council rrembers or citizens present. Council member Barnett request ed Item No. 13 be removed from the Consent Agenda. Council member Beauchamp requested Item No 10 be added to the Consent Agenda, however, Council member Doty indicated she wished to comment on that item. It was the consensus of the Council that the deletion of Item No. 13, as requested, be made. The' City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Doty, seconded by Beauchamp that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Moore absent. (Subsequent paragraphs preceded by an asterisk (*) indicate it on the Consent Agenda handled under one motion without further discussion.) 6. CURRENT STUDY SESSION ITEMS None 7. MINUTES The Council minutes of September 20 and 27, 1983 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 8. AUDIENCE PARTICIPATION None 9. HEARING ON REZONE OF PROPERTY LOCATED AT 51ST AND WEST CHESTNUT This being the tine fixed for the hearing on the rezone of property located at 51st Avenue and West Chestnut, as requested by Professional Investors Associates, Inc., Council member Barnett referred to the Planning Commission minutes of September 6, 1983 Wherein Willis Bladow, 5101 Summitview, questioned if the sewer line would be extended between 50th and 52nd Avenues on Summitview and was told that it would not be possible. He questioned what impact the lack of a sewer line between 50th and 52nd Avenues would have on the overall project. John Haddix, Planning Supervisor, responded, - informing Council there was a lack of accessibility to the sewer main for the north portion of that area. Council member Barnett questioned if that meant individuals residing between 50th and 52nd Avenues would have to use septic tanks. John Haddix responded, informing Council the south half of the property will be connected to the sewer lines on Chestnut, however, the north portion of the property is not being developed at this time. Council member Beauchamp questioned why this request was not considered as a Planned Development versus a rezone. John Haddix informed Council staff believed all problems have been addressed and the project net with the Urban Area Plan and density factors. Council member Doty questioned,who would be responsible for completing the items listed on page 2, Item No. 4 of staff's report. John Haddix 88 ourgp? 4, 1983 stated it was the responsibility of the developer to complete those items. John Johnston, 109 East "A" Street, representing Professional Investors Associates, Inc., informed Council that due to concerns expressed by Warren Dewar, 5012 Summitview, at the September 6, 1983 Planning Commission meeting, it was suggested that an additional buffer by way of a R-1 zone J- - _ .4 • , „ _ , , - around Mr. Dewar's - should be added, to which Professional Investors Associates, Inc. agreed. Mr. Johnston informed Council tbe,project was divided into phases, the first phase taking 5-6 years to complete. He.elatorated on the sewer service and drainage plans for that property. Warren Dewar, 5012 Summitview, stated he understood this hearing was to ratify the action of the Planning' Cd6ffifssion to change only the southern half of property from R-1 to R-2 zone. He stated he understood that the northern half of the property would remain as it is, and with thatLunderstanding he expressed his concurrence with the proposed rezone. There being, no ,other, citizen wishing to speak to_ this issue, the --public -portion of the hearing was closed. It was MOVED by Beauchamp, seconded by Doty to accept the recommendation of the Planning Commission for ,the, rezone fran R-1 to R-2 and approve the preliminary plat for Phases,I, 11 and III, subject to the conditions. included in the staff report. Unanimously carried,by, voice vote. .NSoore absent. - , 10. CONSIDERATION OF DISPOSITION OF PROCEEDS FROM SALE OF PARKS PROPERTY TO HUMANE SCCIETY The City Clerk informed the Mayor of the tabled motion regarding, this it at. a_previous_neeting_Which needed to be removed fran the table prior to discussion. 1t was MOVED by Beauchamp, seconded by Doty to remove the motion from the table. Unanimously carried by voice vote. Moore absent. Council member Doty referred to the she made wherein she suggested to use the proceeds from the sale of the parks property to the Humane Society for paving the: parking area of the property. She explained she made the notion because the money originated fran the sale of that property, and would enhance the area utilized by both the Humane Society -- and the Arboretum. She cemented that since that tine, the Legal Department has determined that action would constitute a . . of, _public funds and,_ therefore, _.could not be accomplished. She questioned if this type of-arrangement had been agreed upon before, such as with paving the parking lots at the Warehouse Theater and Gilbert Park. ,City. Attorney, Andrews indicated he did not know the answer pertaining to those instances, however, regarding the contract with the Humane Society, he stated there is a specific clause in the contract establishing the-responsibility of paving.the lot as the Humane Society's, and if the City were to pave or pay for the parking lot, that would be an unconstitutional gift- of public funds and would be, in affect, -relieving the Humane Society from their contractual Obligation. Council member Doty commented it was her _understanding . that the . -parking - lot mould _be. .utilized..;by; :going to the Arboretum as well as the Humane Society and questioned if the parking Jot_ was ,specifically for the use of, Humane, Society patrons-only. City Attorney Andrews clarified that zathough the property line splits the parking lot, it is the responsibility,of the Humane Society to pave their _portion of • ther lot. Council -member Doty expressed her dissatisfaction with the manner in which the Humane Society transaction was developed, in that it has, been difficult to accomplish something for the benefit - of the citizens of-Yakima. City Attorney Andrews cemented Council could have made the paving _ of the lots the City's responsibility by defining,that in the - :contract, however, this was not done, and therefore it is the responsibility of the Humane Society to pave their portion of the perking lot. Council_member Barnett indicated he was in agreement with staff's memorandum_andAhe_Parks,Commission's concern regarding the capital improvement needs of the City's Park System. It was MOVED by,Barnett, seconded by Buchanan to - - -accept and approve the report and recommendations. Council member Beauchamp requested clarification of the property line OCTOBER 4, 1983 89 involved, which divides the parking lot. It was MOVED by Beaudhamp, seconded by Sperling to amend the motion to _ the City to pay the City's pro-rata share,for paving the portion of the parking lot that is on the City' g property. Council member Doty questioned how much it would cost to pave the parking lot. Dave Rhodes, Director of Public Works, provided a sketch of the — proposed parking area on the blackboard and indicated a rough estimate to pave the lot . be approximately $6,000. Council member Budhanan expressed his concern of paving the City's portion of the lot as that area of the Arboretum is undeveloped at this time. Cpuricil,, member Barnett questioned if the Kiwanis Club was planning to donate funds to the lot. Dave Rhodes responded negatively as the Kiwanis Club donated funds for the II/ 4.rrigation system only. He informed Council that apart from his representation as the Director of Public Works, he also serves on the Greenway Foundation Board and informed the Council it is the intent of the Greenway to pay for the pavement of the parking lot. Mayor Carmichael questioned if the Parks Commission had discussed the possibility of paving the City's portion of the lot,. Dave Rhodes responded affirmatively, however, the Parks Commission felt the area of capital improvements was a better utilization of the funds. Council member Beauchav indicated he felt the City should pay for the paving of the City's portion of the lot. Council member Sperling suggested reducing the size of the lot on the City's property. Council member Barnett stated he felt the Parks Commission should he able to utilize the proceeds from the sale for capital improvement projects as outlined in staff's report. Council member Doty concurred with Council member Beauchamp in that the funds originated with the sale of the property and it would seem logical to use the same proceeds from that sale to pave the lot. Mayor Carmichael indicated she was in agreement with Council' meMber Barnett in that she believed the Parks Commission could best utilize the funds from the sale and indicated she felt it was premature to expand the parking lot at this point, however, she was not opposed to the expansion in the future. The question was called,for a vote on the amendment to the main motion. Failed by 3-3 hand vote. Barnett, Budhanan and Carmichael voting nay. Moore absent. The question was called for a vote on the main motion. Failed by 3-3 voice vote. Beauchamp, Doty and Sperling voting nay. Moore absent. 11. REVIEW CF PROPOSED FORMAT OR TRANSIT NENTHLY OPERATIONS REPORT Council member Barnett suggested three minor additions to the format of the report: 1) the addition of percentage of ridership per route, next to the Total Ridership column; 2) the addition of 1982 Total Ridership To-Date figures for comparison purposes, if and when the data is available; and 3) the percentage increase or decrease of Total Ridership Year-to-Date comparing last year with this year. He also _requested a separate report that analyzes the ridership of the elderly and handicapped individuals. Bill Schultz, Transit Manager, informed Council that staff is currently researching that data at this time. Council member Budhanan suggested staff review the Airport's monthly repoLt which illustrates the trends Council member Barnett is requesting. It was the general consensus of the Council that Council member Barnett's requests were appropriate and would enhance the report. Bill Schultz responded to Council's questions. It was MOVED by Beauchamp, seconded by Budhanan to accept the report with the additions as noted and agreed upon, with Council's appreciation. Unanimously carried by voice vote. Moore absent. *12. RESOLUTION AUTHORIZING THE EXECUTION OF A DEED CONVEYING PROPERTY TO ALBERT AND RUTH RCCKSTROM _ RESOLUTION NO. D-4866, A RESOLUTION authorizing the execution of a deed to name Lot 2 of Allan's Acre Tracts to Albert Rodkstrom and Ruth E. Rockstram, husband and wife.- 90 OCTOBER 4, 1983 13. OUT CF STATE TRAVEL - " Council member Barnett indicated he removed this item from the Consent Agenda due to a phone call he received from a: citizen . as- wall as sane' questions of his"cwn; He indicated the citizen had expressed concern over the $6,485 indicated for the Sewer Divison's Travel Budget. Council member -Barnett inditated he researcharthetravel amount for the Sewer Division and believed the trANiel' budget amolint John Fisher, Wastewater Treatment Plant Superintendent, confirmed that the Sewer DiVision's traFerbudget is $2,640 and indicated the $6,485 cited on the travel authorization was the budgeted amount for 1983 Miscellaneous Items. He stated there are approximately 13 miscellanous items within that line itan, of which tuition, registratidn'and other mi items are included. Council member Barnett " _referred to future travel reports and requested that the budgeted amount be indicated by department. Ines Rice, 4409 W. Arlington, was present to speak in opposition to the amount of travel incurred by City employees. She s uggested future conventions be held in Yakima. it Was MOVED by Buchanan, seconded by Doty to authorize the out of state travel for John ' - Fisher. to attend - the Pacific. N.W. Pollution - Control Association in Boise, Idaho. Unanimously carried by voice vote. Beauchamp and Barnett temporarily absent. Moore absent. *14. ORDINANCE APPROPRIATING FUNDS FOR COMMUNITY DEVELOPMENT BLCCK GRANT :!!! (First Reading) . . The ordinance apprcpriating funds for Community Development - • Block 'Grant having, ben read by neeting, was laid on the table for one week or until October 18, 1983. *15. ORDINANCE - PROHIBITING PARKING ON. THE NORTH SIDE Of LINCOLN AVENUE FROM 16TH TO 24TH AVENUES ORDINANCE 2716, AN ORDINANCE relating to control; prohibiting parking at all times on certain streets within the City of Yakima; and amending Section 9.50.500 of the City of Yakima Municipal Code. *16. ORDINANCE REDUCING THE UTILITY TAX RATES FOR THE MATER, GAS AND 1TLEPHONE_BUSINESS . . ORDINANCE NO. 2717, AN ORDINANCE relating to licenses and I4siness regulation8; _imposing occupation teps on public utilities and setting the rates of such taxes; and amending Subsection 5.50.050 A of the City of Yakima Municipal Code. 17. ORDINANCE LEVYING AD VALOREM TAXES FOR 1984 • - Ordinance No. 2718, having:been read by title, it was MOVED by Doty, seconded by Buchanan to adopt the ordinance as read. Unanimously carried by roll call vote. Barnett temporarily - abSent. Moore absent. , . ORDINANCE NO. 2718, AN ORDINANCE fixing and levying the amount of ad - valorem - taXes to balande estimated revenue with estimated expenditures for the 1984 Budget for the City of Yakima. ....„ t,- 1.■ 18. OTHER BUSINESS mayor Carmichael Addressed- several invitations extended to Council. ' Mayor Carmichael mformed Council the Republic of China-will- be observing their 72nd Anniversary October . 10, 1983. She proclaimed Octcber, 10, 1983 as Republic of China Day in the City of Yakima, Washington and circulated the proclamation for Council's signatures. OCTOBER 4, 1983 91 Information Items Items of information supplied to Council were: letter from the Central Washington Home Builders Association regarding proposed ordinance submitted by the Director of Engineering and Utilities 9/26/83; memo from Sanitary Engineer regarding WWTP Contract No. 5 Punch List Work 9/29/83; memo from Acting Deputy Chief regarding report on fire at Artifical Ice & Fuel 9/23/83; memo from Director of Community & Econanic Development regarding Washington State Advisory Commission on Intergovernmental Relations 9/27/83; News Release from Parks & Recreation regarding public meeting concerning Park Comprehensive Plan 9/29/83; minutes of the Planning Commission meeting of September 6, 1983; minutes of the Planning Commission meeting of September 13, 1983; and minutes of the Yakima Housing Authority meeting of August 24, 1983. 19. EXECUTIVE SESSION It was MOVED by Buchanan, seconded by Beaudiamp to move into Executive Session for the purpose of discussing collective bargaining and then immediately adjourn the meeting. Unanimously carried by voice vote. Moore absent. 20. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at the hour of 5:30 p.m. READ AND CERTIFIID ACCURATE BY Cai-, DATE 4 / 1/4.-03 �UNCIL MEMBER DATE // A? COUNCIL E0, t:' R ATTEST: CITY CLERK 1 MAYO'