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
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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
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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
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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
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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