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.
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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.
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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.
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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
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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.
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