Loading...
HomeMy WebLinkAbout01/10/1984 Study Session 186 JANUARY 10, 1984 STUDY SESSION The City Council met in session on this date at 6:30 P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Clarence Barnett presiding, Council members Henry Beauchamp, Lynn Buchanan, Lynn Carmichael, Shirley Doty and Jack Sparling present. Council members W. K. "Pete" Moore absent. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Referring to the various licenses he is required to obtain and maintain by continuing education, Council member Buchanan stated his belief that Council members should be spending time learning from other cities about their experiences to advance technologically. He requested authorization to attend the II/ National League of Cities Conference in Washington, D.C. in March. Council members Beauchamp and Carmichael voiced their support of this request and Council member Carmichael also indicated an interest in attending this conference. Council members Doty and Sparling questioned the returned benefit to the City. Council member Buchanan commented that every decision made by the Council is a distillation of the knowledge each Council member brings to the Council. Discussion followed regarding the need to share sane of that knowledge with the other Council members, perhaps at a study session. It was MOVED by Beauchaqp, seconded by Carmichael to grant Council members Lynn Buchanan and Lynn Carmichael an opportunity to go to the National League of Cities Conference in March. Failed by 3-3 voice vote. Barnett, Doty and Sperling voting nay. Moore absent. Council member Doty indicated she voted against the motion because she believes there are less expensive ways to learn. 2. REPORT FROM PLANNING CONSULTANT AND STAFF REGARDING A GLEED WATER STUDY Council member Doty excused herself fran this discussion due to possible conflict of interest. Dennis Bertek, City Engineer, briefly outlined the substance of the report and stated the next step is to pursue funding. He also indicated there are residents in that area who may be seeking water service in the future. George Pechtel, Consultant, 5 No. Front Street, stated he began the study by talking with the residents of Gleed, both the users and non-users of this service, through public and private meetings. A demographic study was also conducted to aid in the search for funding. He informed Council that through the formation of a water district, there is funding available; the amount depending upon who will be the jurisdictional control, the type of system, and its cost. Responding to Council member Beauchaup's inquiry, Mr. Pechtel outlined the process the Gleed residents would follow to form a water district. He commented that the Gleed residents formed a committee and now the City of Yakima needs to get hack with the Committee with II/ some concepts of what would happen if the City retained control and what would happen if those residents formed a water district. He stated those citizens want to know what the cost to them would be for a solution to this problem. Council member Carmichael complimented Mr. Pechtel for his efforts spent on this project. It was MOVED by Beauchdmp, seconded by Carmichael to move this item down to became Item No. 7a on the Business portion of the Agenda for continued action. Unanimously carried by voice vote. Moore absent. Doty abstained due to possible conflict of interest. 3. RECONSIDERATION OF WASTEWATER TREATMENT PLANT STAFFING FOR INDUSTRIAL WASTE (Continued fran 12/13/83) John Fisher, Wastewater Treatment Plant Superintendent, stated this report is in response to a request made at the 12/13/83 Budget review session and gives the rationale used for the recommendation for the 1984 staffing level. He referred to JANUARY 10, 1984 187 the rationale listed in his report and commented this was budgeted for cost-effective measures based upon discussion with the industrial users. Ken Coffin, Staff Representative for Local 1122, reviewed the proposed change in staffing which is actually an addition of two man months. He stated he and Mr. Wakefield are ,requesting the continuation of the 1983 staffing level. He gave four reasons to keep this position full-time: 1) the proposed 1984 staffing level increases the cost to the industrial user; 2) this change will lower productivity; temporaries will require training; 3) the industrial users don't want any added capital outlay for 1984; however, the City still has the commitment of caring for that sprayfield; and 4) this type of staffing arrangement appears to be the replacement of a full-time employee with temporary II/ pnployees, which is not only against the Union contract, it is with not in conformance wi the City Charter temporary employee provision. Terry Wakefield, ,Utility Worker, Wastewater Treatment Plant, commented that although he has bumping rights to other positions in the City, he has the knowledge gained by having spent ten years in the industrial waste sprayfield system. He responded to Council's questions regarding the work he does when the sprayfield is not being used in the months of December, January and February. He stated in December and January he examines the sprinklers and repairs them, as necessary. He stated he also does building maintenance and some pump repairs. Council member Sparling inquired why Council is involved in this management decision. It was MOVED by Doty, seconded by Beauchamp to move Item No. 3 to Item No. 7b of the Business session of the Council meeting. Carried by 5-1 voice vote. Sparling voting nay. Moore absent. BUSINESS MEETING 4. ROLL CALL At 7:30 P.M., the Council members commenced the regular meeting, Mayor Barnett presiding, Council member Beauchamp, Buchanan, Carmichael, Doty, Sparling and City Manager Zais and City Attorney Andrews present on roll call. Council member W. K. "Pete" Moore absent and excused. 5. INVOCATION The Pledge of Allegiance was led by Mayor Barnett. 6. CONSENT AGENDA Mayor Barnett 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 Buchanan requested that Item No. 18 be removed II/ fran the Consent Agenda. Council member Sparling requeste that d at Item No. ,12 be added, however, Council member Doty indicated she wished to discuss that item. It was the general consensus of the Council that the deletion of Item No. 18, as requested, be. made. The City, Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Carmichael, seconded by Doty that the Consent Agenda, as read, be passed. ,Unanimously carried by voice vote. Moore absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one motion without further discussion.) 7. CURRENT STUDY SESSION ITEMS A. Item No. 2 . Council member Doty excused herself due to_a poSsible conflict of interest.. It. was _MOVED by Carmichael, seconded by Beauchdiup to accept the report from George Pechtel and approve the final payment. Unanimously carried by voice vote. Doty abstained due to possible conflict of interest. Moore absent. It was MOVED by Carmichael, seconded by Beauchamp to accept the staff recommendation, No. 4, which is authorizing an 188 JANUARY 10, 1984 additional scope of work as detailed in the CH2M-Hill proposal. Dennis Bertek stated that additional funds will have to be appropriated for this project. City Manager Zais stated that a resolution authorizing execution of a contract with �2M-Hill and an appropriation from the Domestic Water Fund Capital Reserve will be brought back to the Council. The question was called for a vote on the Unanimously carried by voice vote. Moore absent. Council member Carmichael complimented staff, especially Dennis Bertek, for their work on this project. B. It No. 3 Council member Doty stated that her concern that a long term employee may not have been given full consideration in this issue has been alleviated. It was MOVED by Sparling, seconded by Doty to approve the sprayfield division staffing level as II/ proposed in the 1984 Budget. Unanimously carried by voice vote. Moore absent. 8. AUDIENCE PARTICIPATION None *9. APPROVAL OF MINUTES The Council minutes of December 12 and 13, 1983, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 10. HEARING ON MAJOR MODIFICATION TO AN EXISTING PLANNED DEVELOPMENT REQUESTED BY ANSON DEVELOPMENT COMPANY This being the time fixed for the hearing on the major modification to an existing planned development requested by Anson Development Company for property located at 1715 So. 3rd Avenue, Council member Beauchamp questioned if the addition of a dry well, Planning Commission's Condition No. 5, will be adequate. Larry Wright, Assistant Director of Community and Economic Development, responded that assuming the soil tests work out, it would be adequate. Council member Doty referred to Item No._ VIII of the Final Written Program, and questioned if one man service oriented businesses will be allowed to locate their offices in the storage roans, using them as offices. Mr. Wright stated that only Building No. One would have some small offices. Council member Buchanan stated that the Written Program states that same of the covenants were written to allow for additional buildings to be used as office spaces. Larry Wright reported that the Planning Commission recommended that only Building Number One be used as office space. He further stated that this written program was presented to the Planning Commission and is presented to the Council, along with the Planning Commission's recommendations for Council's consideration. If Council accepts the Planning Cc:mission's recommendations, Council member Carmichael queried if the issue regarding the additional office space being in the written program would be moot. Mr. Wright stated that is correct. Bernie Anson, Developer of the proposed project, 102 Sky Vista Place, referred to an architect's drawing of the facility, pointing out the office units. Referring to the drainage system for the project site, he stated that the development will slope towards the middle of the property keeping the excess water on his property. He stated that initially he had it in mind that a one-man entrepreneur, such as a plumber, would need additional storage. He distributed snapshots of similar businesses in the City (Exhibits P-1 and P-2). He said he was talking about a business consisting of a desk, a.telephone and a need for some storage, but no customer traffic. Larry Wright stated that the photographs submitted tonight picture exactly the sort of thing that was anticipated by the Planning Commission and what they did not want. There being no other citizen present wishing to speak to this issue, the hearing was closed. It was MOVED by Carmichael, seconded by Doty to JANUARY 10, 1984 189 concur with the Planning Commission's recommendation to approve this request, along with the cited conditions expressed, Nos. 1-8. Unanimously carried by voice vote. Moore absent. 11. HEARING ON PARKS COMPREHENSIVE PLAN This being the time fixed for the hearing on the Parks COmprehensivePlan, Judd Black, Associate Planner, stated this is an update of the Parks Comprehensive Plan and upon adoption, will become a part of the Urban Area Plan. This Plan is to be used as a decision-making tool to establish fiscal responsibility and priorities for capital improvement program. He further stated an update is required about every II/ six or seven years in order to obtain grants. Mr. Black responded to Council meMbers' questions regarding projected 1990 population and plans for future recreation programs. Council member Buchanan asked what is an urban shaping area. Jodi Wroblewski, Recreation Superintendent, responded that an urban shaping area is large tracts of land used to control urban sprawl, such as rivers and ravines. Robert Gore, 906 Coach Court, representing Yakima Valley Concert Band, -was present to request Council to consider building a permanent band stage in one of the City parks. He stated that currently when this organization gives a concert, which is free to the pUblic, the City provides chairs for the band members and also the labor to set up the chairs. John Schactler, 206 S. 16th Avenue, Yakima Valley Concert Band member, Bill Herbst, 5804 W. Walnut, Director of the Yakima Valley Concert Band, and Doug Nott, 410 No. 56th Avenue, musician, were present to speak in favor of Mr. Gore's suggestion regarding the erection of a band stage. Mr. Nott suggested that this stage could be mobile, rather than permanent, and therefore, could be removed fran the premises when not needed. Thomas Utterback, 912 S. 32nd Avenue, commented that in briefly reviewing the Plan, he does not have any specific criticism of it. He stated he had been gone fran Yakima for about the last 15 years and, upon his return, had noticed a difference in the parks; specifically the recreation-oriented facilities, i.e., tennis courts, ballfields. He stated he would like to see more grassy areas, which would benefit more citizens. He further stated it's critical that decisions regarding the Parks Division be made with the wide spectrum of the community in mind. He, too, supported the idea of a band stage, as suggested. Stan Lochrie, Chairman of the Parks & Recreation Commission, expressed his thanks to Judd Black for his hard work on this Plan, which was developed over a two-year period of time. He commented that this Plan doesn't have to be used solely for grant purposes; it also contains a lot of demographic information. Council member Carmichael suggested that another public hearing be scheduled to allow for additional public input. - Following discussion regarding the timeframe in which this Plan should be adapted, it was MOVED by Beauchamp to continue this hearing until the first meeting in March. The Motion died for lack of a second. It was MOVED by Carmichael, seconded by Beauchamp to continue the hearing on the Parks & Recreation Comprehensive Plan until two weeks from today, January 24, 1984, at 3:00 p.m. Unanimously carried by voice vote. 12. CONSIDERATION OF ENGAGING PROFESSIONAL SERVICES FOR RE-EVALUATION OF CAPITOL THEATRE DEFICIENCIES City Manager Zais commented that this report was prepared in response to Council's earlier expression in the budget review process. Council member Doty expressed her concern regarding the expense involved, indicating it was her opinion that Council was interested in a person fran Tacoma who would do this on a reciprocal basis. She further reported that Council member Moore spoke with her about this issue and suggested that perhaps the plans could be sent to Mr. Thompson for this review and then determine if an .on-site examination would be necessary. Council member Carmichael her concern that perhaps the City would be putting'a person from Tacoma in 190 JANUARY 10, 1984 an untenable situation as far as- their theatre is concerned because they may not have remodeled that theatre to our standards. She stated this might be the basis for Mr. Thompson's reluctance to do this; it may be unethical for him to participate. John Beer Jr., Director of Community & Economic Development, responded that both Mr. Thompson and Mr. Justen, Seattle, were reluctant to review another inspector's opinions. Discussion followed regarding the interpretation Which is in dispute and if another opinion would resolve that dispute. Council member Beauchamp said that the question is whether the Code Inspector, at the time of the reconstruction, had the right to waive certain requirements as permitted under Sections 104 and 203 of the Uniform Building Code. In response to Mayor 'Barnett's question, Fred Norton, Code Manager, stated he was not challenging the former Code Manager's opinion, but that it is his opinion there are some exiting problems at the Theatre. Council member Buchanan reported there has been a lot of concern expressed from the citizens, not about the exits,. but about the continental seating. City Manager Zais stated that because of the potential legal liability involved in this, it had to be brought to the Council's attention. The City has to be sure the best job possible has been done to minimize the City's potential legal liability. Council member Sperling stated that the odds are remote in having any disasters, however perhaps Council should consider exploring other seating than the present continental type seating. Mt. Beer responded that the Theatre would lose approximately 600 seats and the lost revenue and the cost of removing the seats would be more than installing the additional exits. Council member Buchanan suggested that Council defer any action on this until Council member Moore is present. Council member Beauchamp questioned if Council does get another interpretation, will it clear up this issue. City Manager Zais commented it will still be a judgement of the Council on whose interpretation to accept. It was MOVED by rArmichael that Council concur with the staff recommendation by requesting staff prepare a personal services contract for building code services to be provided by Lester Gillis to re-evaluate the Capital Theatre code deficiencies report as presented to the Council. The motion died for lack of a second. It was MOVED by Beauchamp, seconded by Doty to defer action on this for two weeks. Carried by 5-1 voice vote. Sperling voting nay. Moore absent. Council member Doty commented she would like to obtain another interpretation, however, she did not like the idea of paying $800 to $1,000 for that opinion. 13. REPORT ON PROPOSAL TO 'AMEND MUNICIPAL CODE REGARDING LEGAL ADVERTISING CONTRACT Karen Roberts, City Clerk, was available to respond to the Council's questions. City Manager - Zais commented that this report outlines the concerns of the Department Directors and the City Clerk, who are Obligated to conform with the publication requirements and guidelines for notification of hearings. Council member Doty referred to paragraph two regarding a requirement to publish certain notices in the local paper with the highest circulation and asked how that law reads. Mayor Barnett commented that from reading the memo, there are two different types of advertising and if the timeframe for having an item published is of the essence, then the recommendation of the City Clerk has same merit, but if the timing is not critical, then Council would continue with the bidding process. City Attorney Andrews stated that most of the requirements for publication for the City are based on State law. He commented that he has not read that particular requirement regarding publishing in the paper with the largest circulation, however, if that is the case, that would supercede the other requirement. If the publication with the highest circulation is designated as the City legal newspaper, then the City does not have two publications required. Council member Sperling inquired about the amount of the extra - costs for duplicate publications and requested the City Clerk to research those costs. Council member Carmichael commented JANUARY 10, 1984 191 the principal of free enterprise and the encouragement of free enterprise should be of primary concern rather than the money spent for duplicate advertising. She commented she wants to maintain the opportunity for everyone who is interested to bid for this service to be able to do so. ,Barbara McCarthy, Sun Press, commented that one of the major issues is the duplication of advertising, however, she called several State agencies who did not know of that requirement. She further commented that the bidding process is a fair practice and encouraged the Council to maintain that policy. Council member Doty referred to the statement regarding frequent errors and inquired if that problem has been corrected. Mrs. McCarthy stated there were only three errors made to her knowledge. City Clerk Roberts stated that three letters were II/ mailed to the Sun Press regarding the problem of the errors, we however, numerous phone calls were also made asking that printing errors be corrected. Council. member Beauchamp concurred with the philosophy of keeping the bidding process open.,'It was the general consensus of the Council to not take any action on this item. *14. RESOLUTION DENYING THE REZONE APPLICATION REQUESTED BY TIME OIL, INC., 4708 TIETON DRIVE RESOLUTION NO. D-4901, A RESOLUTION affirming the decision of the Planning Commission to deny a request by Time Oil Company for a major modification' to ka Planned Development Zone. *15. RESOLUTION AUTHORIZING RENTAL AGREEMENT FOR RESIDENCE AT KIWANIS PARK RESOLUTION NO. D-4902, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a lease agreement with Patricia Walker and Linda Shaddox. *16. DISPOSITION OF DAMAGE CLAIM A. RESOLUTION DENYING CLAIM FILED BY DARLA OLIVER RESOLUTION NO. D-4903, A RESOLUTION denying the claim of Darla Jo Oliver in the amount of $227.64 filed with the City of Yakima. *17. REPORT FROM FINANCE DEPARTMENT REGARDING 1982 UMTA, SECTION 15 AUDIT ' The report from the Finance Department dated 1/10/84 regarding the 1982 UMTA, Section 15 Audit Report, was accepted. 18. ORDINANCE INCREASING AMOUNT OF DOG LICENSE FEE II/ Council member Buchanan commented that in the past he has th heard that when license fees are raised, the number sold decreases, thereby decreasing the amount of revenue. The Ordinance increasing the amount of the dog license fee having been read by title, it was MOVED by Doty, seconded by Carmichael that the ordinance be passed. Council member Doty reported she has received a call from a citizen who was opposed to this increase. She further commented she did not believe a dollar increase would be too burdensome on a citizen. Council member Beauchamp inquired about the impact on the budget if this is defeated. City Manager Zais responded, stating that the increase projected was not significant and perhaps some of the lost revenue would be offset by additional revenue generated by the dog license canvass. The question was called for a vote on the motion. Failed by 4-2 roll call vote. Barnett, Beauchamp, Buchanan and Sparling voting nay. Moore absent. 192 JANUARY 10, 1984 19. OTHER BUSINESS Information Its Its of information supplied to Council were: letter free U.S. Department of Commerce, National Oceanic and Atmosphere Administration re: Application for Preliminary Permit in the Yakima Basin, Washington. 1/4/84; notice from AWC re: 1984 National League of Cities' Conference-City Conference, March 3-6, 1984; Permit report for December, 1983; and minutes of the 12/8/83 meeting of the Civil Service Commission. 20. ADJOURNMENT There being no further business to cane before the Council, it was MOVED by Beauchamp, seconded by Buchanan that this meeting be adjourned at the hour of 9:35 p.m. Unanimously carried by voice vote. READ AND CERTIFIED ACCURATE BY . A f DATE COUN MEMBER 1! ar DATE NCIL 471:ER ATTEST:" /a9Z,e,v% 7 d i/OP CITY CLERK MAYOR