HomeMy WebLinkAbout08/21/1984 Business Meeting 352
AUGUST 21, 1984
The City Council met in session this date at 2:00 p.m. in the Council
Chambers of City Hall, Yakima, Washington. Council members present were
Mayor Clarence Barnett, Lynn Buchanan, Lynn Carmichael, and W. K. "Pete"
Moore. Council members Henry Beauchamp, Shirley Doty and Jack Sparling
absent.
1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council member MoOre requested that- Ordinance No. 2637
regarding the refuse collection by the City crews be placed on
the agenda under Item No. 7a. It was MOVED by Moore, seconded
by Carmichael, that this issue be discussed under Item No. 7a.
Unanimously carried by voice vote. - Beauchamp, Doty and
Sparling absent. (Council member Doty present after 2:04
p.m.)
Mayor ,Barnett- -stated- he. had placed -a letter from the
Herald-Republic in the Council members packet regarding
tickets to the Jazz Ambassadors, a unit of the Army Field
Bands, on September 23, 1984, at 3:00 p.m. and 7:00 p.m. in
the Davis High School Auditorium and encouraged Council
members to attend if possible.
Council member Doty stated she had received a phone call from
Dave Clevenger suggesting a complimentary letter be sent to
Los Angeles regarding the manner in which the Olympic games
were handled. Council member Carmichael suggested a copy of
the letter be sent to other cities in our area, perhaps
encouraging them to act in a similar manner.
Council member Moore stated there are presently two vacancies
on the Housing Authority Board that need to be filled. It was
MOVED by Moore, seconded by Carmichael, that Maud Scott be
reappointed to serve on the Yakima Housing Authority Board.
Unanimously carried by voice vote. Beauchamp and Sparling
absent. Council member Moore pointed out that two other
applications had been -received, however, the individuals
indicated they are not available to attend meetings scheduled
during the day, and the Housing Authority meetings are held at
3:00 p.m. It was the consensus of the Council to recruit
other applications in order to fill the remaining two
vacancies.
2. REPORT FROM ENGINEERING AND UTILITIES DEPARTMENT RE: CAPITAL
IMPROVEMENT PROJECT STATUS AND REQUEST FOR PROFESSIONAL SERVICES
ASSISTANCE.
Dennis Bertek, City Engineer, was present to respond to
Council members' questions regarding this item. He reviewed
Exhibits A and B of the report and recommended taking
immediate action- to obtain consultant assistance to meet
project deadlines faced by the Engineering staff. Mayor
Barnett expressed concerns with the recommendations made in
Alternative No. 2, asking if the work is distributed to other
divisions, will they have the necessary expertise and will
those individuals have to be upgraded. He also asked if some
of the Engineering staff would be recIassel to lower
positions. Mr. Bertek indicated he had concerns about this
also, and was not convinced that Alternative No. 2 is the
proper method in Which to solve the issue. Council member
Moore recalled that this division was reorganized last year to
handle problems of this nature and now Council is being told
the reorganization is not sufficient. He questioned if
Council would be facing the same problem again next year if
approval of consultants is granted and the workload
distributed throughout other divisions. Council member
Carmichael stated she interpreted the report as staff asking
for direction and guidance in establishing priorities. After
further discussion, it was MOVED by Carmichael, seconded by
Buchanan, to move this item down on the agenda to become Item
No. 7b. Unanimously carried by voice vote. Beauchamp and
Sparling absent.
AUGUST 21, 1984 353
3. EXECUTIVE SESSION
It was MOVED by Buchanan, seconded by Carmichael, to move into
Executive Session for the purpose of discussing collective
bargaining and pending litigation. Unanimously carried by
voice vote. Beauchamp and Sparling absent.
BUSINESS MEETING
4. ROLL CALL
At 3:00 p.m., the Council members commenced the regular
meeting, Mayor Barnett presiding, Council members Buchanan,
Carmichael, Doty and More and City Manager Zais and City
Attorney Andrews present on roll call. Council members
Beauchamp and Sparling absent and excused.
5. INVOCATION
The Invocation was given by City Manager Zais.
6. CONSENT AGENDA
Mayor Barnett referred to the Items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present.
Mayor Barnett stated a citizen has requested to speak on Item
No. 16. It was the general consensus of the Council that the
deletion of Item No. 16, 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 Buchanan, that the Consent Agenda, as
read, be passed. Unanimously carried by roll call vote.
Beauchamp and Sparling 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. Ordinance No. 2637
Council member Moore requested consideration of Ordinance No.
2637 being placed on the November ballot and allowing the
people to vote on the issue again. He indicated the purpose
of this is to avoid the appearance of antitrust or a monopoly
on refuse service by the City. He indicated the City could be
held liable for damages if a lawsuit should be filed in the
future. He stated that if the City lost this lawsuit they
could triple the damages awarded and there is no protection
for Council members under the insurance policy. It was MOVED
by Moore, seconded by Carmichael, to direct staff to prepare
proper legislation to place on the November ballot, Ordinance
No. 2637 to allow the people a chance to vote on the issue.
Council member Doty spoke against the motion, stating this has
already been done and the people expressed their desires
regarding this issue last November. Council member Moore
reiterated his feelings on the matter and urged Council to
place this on the November ballot. Mayor Barnett indicated
the Senate has made no decision on the matter of antitrust and
stated his personal feeling is the antitrust issue forces
Council to act contrary to the expressed wishes of the voters
in order to minimize the impact on the City and the Council
members. City Attorney Andrews pointed out that there is
currently a petition being circulated by Yakima Valley
Disposal in an attempt to force the initiative on the ballot
for an amendment of the portion of the current ordinance which
reserves exclusive collection of garbage in residential areas
by the City crews. He stated he had requested, through Dick
Wiehl, attorney for Yakima Valley Disposal, a copy of the
petition, but has not yet received it. Council member Doty
referred to discussions held in the past regarding this issue.
She stated at that time Council felt it was best left up to
354
AUGUST 21, 1984
Congress for legislative enactment that would settle the
issue. She indicated Congress is in the process of doing this
and feels we should delay action on this issue until Congress
has had an opportunity to reach a determination. Council
member Moore questioned if this action would be retroactive
and would protect the City and Council members on a decision
that was made in 1983. City Attorney Andrews stated this is
unknown at this time. The question was called for a vote on
the motion. Carried by 3-2 roll call vote. Carmichael and
Doty voting nay. Beauchamp and Sparling absent. It was the
consensus of the Council that Mayor Barnett check on the
status of the Federal legislation regarding releasing the City
and Council members frcm the liabilities involved.
b. Item No. 2
II/
Having relinquished the Chair to Assistant Mayor Doty, it was
MOVED by Barnett, seconded by Buchanan, to approve staff
reccmmendation No. 1. Carried by 4-1 voice vote. Moore
voting nay. Beauchamp and Sparling absent. City Manager Zais
requested clarification for staff with respect to priorities
listed in the report. He questioned if it is Council's desire
for staff to proceed on the basis of the report. It was the
general consensus of the Council that no changes in the
priority listing is necessary at this time. City Manager Zais
questioned if Council has any direction regarding Alternative
No. 2 since we are in the process of budget development and
proposals. He asked Council if there is a concern about staff
bringing back a proposal in the 1985 budget. City Manager
Zais stated that hearing no opposition, staff will present
1985 priorities and suggest how they can best be achieved
through a combination of necessary staff or professional
services support. He stated this would be evaluated as part
of the 1985 Budget deliberations.
*8. APPROVAL OF MINUTES OF JULY 24, 1984 COUNCIL MEETING
The minutes of the July 24, 1984 Council meeting were
approved, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
9. AUDIENCE PARTICIPATION
None
10. PRESENTATION FROM WASHINGTON STATE ENERGY OFFICE RE: HEATPLAN
ASSESSMENT OF GEOTHERMAL HEATING DISTRICTS ECONOMIC VIABILITY
Larry Wright, Assistant Director of the Department of
Community and Economic Development, introduced Stewart Simpson
of the Washington State Energy Office who gave a brief
introduction of the study and then introduced Elliott Allen of
Elliott Allen & Associates. Mr. Allen indicated Council had
been provided with an executive summary report and a more
detailed report could be reviewed in Mr. Wright's office. He
stated the Washington State Energy Office hired his firm to
develop and test the program to serve the Yakima area. He
reviewed the Fruitvale area, the Central Business District,
the Glen Park Area and the area of the Sewer Treatment Plant
used in the geothermal study and gave a cost break down for
operation of geothermal heating for these areas. City Manager
Zais stated the City is currently looking at a geothermal
heating systei for the reconstruction of Lions Pool and asked
if his office would be able to assist in evaluating the design
concept. Mr. Elliott stated his firm would be happy to take a
look at the project and render an opinion. It was MOVED by
Carmichael, seconded by Buchanan, to accept the report with
our appreciation. Unanimously carried by voice vote.
Beauchamp and Sparling absent.
355
AUGUST 21, 1984
11. CONSIDERATION OF A RESOLUTION AUTHORIZING THE ABATEMENT OF CERTAIN
WEEDY LOTS
Assistant Mayor Doty asked if there was anyone present to con-
test the resolution. Council member Barnett stated he has
asked Mr. Shampine to respond to sane questions regarding this
program at this time. Mr. Shampine indicated 469 letters have
been sent out this year regarding weedy lots. He indicated
this has become an expensive project and quite time consuming
for staff. Mayor Barnett expressed the following concerns
with the way the program has been handled this year: 1) the
extended time it is taking to the enforce the ordinance; 2)
the attitude that many of the land owners have regarding the
City taking the responsibility of clearing the lots rather
than themselves; and 3) what is this impact having on the
routine fire inspections. Mayor Barnett suggested Council
take a look at the ordinance and evaluate it at the proper
time. Mr. Shampine indicated the Code Inspection Division is
receiving calls every day regarding weedy lots, in addition to
the 469 letters that were mailed. He stated inspections are
not being done. After further discussion and Resolution No.
D-5004 having been read by title, it was MOVED by Carmichael,
seconded by Moore, that the resolution be adopted.
Unanimously carried by roll call vote. Beauchamp and Sparling
absent.
RESOLUTION NO. D-5004, A RESOLUTION authorizing the Code
Administration Manager to clear certain weedy lots.
12. RECONSIDERATION OF RESOLUTION REVISING THE SCHEDULE OF TRANSIT
FARES RELATING TO YOUTH PASSENGERS.
Council member Carmichael and Mayor Barnett urged Council to
reconsider the alternatives and to adopt the original
resolution as submitted. Council member Carmichael expressed
her concern regarding the limitation on the use of the
discounted student bus pass. She pointed out several months
which contain school holidays, which would make it difficult
for the bus driver to know when the passes may be used. Dave
Rhodes, Director of Public Works, explained staff was
attempting to simplify the hoarding by eliminating the ticket
system and implementing a bus pass program. Mayor Barnett
requested to hear from Dave Rhodes regarding the issue. Mr.
Rhodes, explained that currently students pay $8.00 for a
monthly pass. He stated this is a cumbersome system and staff
has attempted to simplify the issue with the reduced pass.
Mr. Rhodes stated he would rather see the pass remain at $8.00
or $6.50 rather than have a number of passes depending on when
school vacations and holidays are scheduled. He indicated
there would be several months in which it would be cheaper for
the student to pay the fare as they ride the bus rather than
purchase a monthly pass. It was MOVED by Barnett, seconded by
Carmichael, that Council revert back to the original
resolution as submitted at the August 14th Council meeting.
II/
Council member Doty stated she would not be voting for this
due to the fact that it is unfair to continue to ask citizens
to subsidize fares that are already very low. Council member
Buchanan stated he is uncomfortable with the lower rates for
students and stated all the rates should be raised. He also
indicated he has had complaints about students being unruly on
the buses and making it incomfortable for many adult
passengers. City Attorney Andrews stated the motion is out of
order and needs to follow the reading of the resolution.
Resolution No. D-5005 having been read by title only by the
City Attorney, it was MOVED by Barnett, seconded by
Carmichael, that the resolution be adopted. Carried by 3-2
roll call vote. Buchanan and Doty voting nay. Beauchamp and
Sparling absent.
RESOLUTION NO. D-5005, A RESOLUTION revising the schedule of
fares for the public bus transportation system operated by the
City of Yakima and amending Resolution No. D-4995 adopted
August 14, 1984.
356 AUGUST 21, 1984
*13. FIRE FIGHTING TRAINING EXERCISE AGREEMENT
RESOLUTION NO. D-5006, A RESOLUTION authorizing the City
Manager of the City of Yakima to execute Fire Training
Exercise Agreements.
*14. APPROVAL OF OUT-OF-STATE TRAVEL FOR LYNN CARMICHAEL, 00UNCIL MEMBER
The out-of-state travel for Council member Carmichael to
Indianapolis, Indiana to attend the 1984 National League of
Cities Congress and Exposition representing the City and the
Association of Washington Cities, November 24-29, 1984 at a
cost of $1,336, was approved.
*15. REPORTS FROM DEPARTMENT OF FINANCE & BUDGET
a. Treasury Report for July 1984
The report from the Director of Finance and Budget dated July
31, 1984, regarding the investments of the City of Yakima, was
accepted and approved.
b. July 1984 Budget Report
The report from the Director of Finance & Budget, dated July
31, 1984 was accepted for filing.
16. CONSIDERATION OF AN ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE
PERTAINING TO DUTIES OF THE PLANNING COMMISSION
Assistant Mayor Doty indicated Mr. Larry Mathews has expressed
a desire to address this issue. Mr. Mathews, 805 So. 17th
Avenue, Yakima, requested that the following material be
included in the record as his testimony regarding this issue.
I AM SPEAKING IN OPPOSITION TO THE ADOPTION OF THIS ORDINANCE
FOR THESE REASONS:
1. The City of Yakima is not adequately represented on the
Regional Planning Commission. Of the seven members,
three represent the City (with one or two of those absent
free meetings) three fran the County and one from Union
Gap which isn't included in the area covered by the
zoning law.
2. The City Planning staff has shown a high degree of
authority in defending staff recommendations and the
proposed rezoing of the City. They have lectured the
Planning Commission repeatedly to the point that the
Canmission routinely approves staff recommendations. One
of the County Planners remarked to no one in particular
When sitting in the rear of the room "The Planning
Commission seldom went against the City staff
recommendations."
One one occasion the Regional Planning Commission
requested information from City staff and they were told
in no uncertain terms that City staff would not get the
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information. (I believe Councilman Sparling was present)
3. Public testimony generally feel on deaf ears. Issues
raised in testimony were casually discarded and never
addressed. One Planning Commission member said privately
that it was difficult to understand what was going on, so
they had to depend on staff for help.
This is the kind of help they got. The staff did not
provide adequate factual information to the Planning
Commission. Here are two example.
Roy Zaremba, 12th Ave. & Prasch was denied a change from
R-1 to R-2 on the basis of "proposal is inconsistent with
the dwelling unit density and character of the
residential neighborhood" when in fact this property is
next to a four plex, across the street from a triplex,
one-half block from a duplex and a half block from the
YVC dormitories.
357
AUGUST 21, 1984
Another example was property at 1120 So. llth Ave. denied
an area change from R-1 to R-2 on the basis of "existing
land use and density of the area is low density
residential. No access to sites by principle, secondary
or collector arterials. When in fact the area is served
by wide, paved streets.
4. The standards set forth in the Urban Area Plan have been
changed in the new zoning law. The Urban Plan classifies
low density residential as 5 or less residential units
per acre. The zoning law specifies 6 or less units. I
understand that plans are underway to amend the Urban
Plan to conform to the new zoning ordinance. What this
means is that they are reversing themselves. The zoning
ordinance was supposed to be based on the Urban Plan, not
the other way around. If the Urban Area Plan was
followed, then the proposed rezone of area south of Nob
Hill from R-2 to R-1 would not be justified. I have
conducted a house by house survey from Nob Hill to Viola
and the density is 51/2 per acre. (between 3rd Ave. and
15th Ave.)
5. Elimination of the City Planning Commission for this
zoning process will result in the bureaucratic domination
of the whole planning process. I talked to a City
Planning Commission member and was told that the City
Planning Commission refused to be intimidated by staff
and they frequently over-ruled staff recommendation.
In conclusion I simply feel that the rights of the individual
are being trampled on, and property values depressed by
arbitrary decisions of Planning staff. A prominent local
property appraiser said this week that he constantly had
run-ins with City Planners who would not accept the fact that
down-zoning reduced property values.
(Council member Moore absent after 4:25 p.m.)
Mr. Mathews reviewed the concerns listed in his written
presentation and discussion followed. Ordinance No. 2798,
having been read by title, it was MOVED by Carmichael,
seconded by Doty, after having relinquished the gavel to Mayor
Barnett that the ordinance as read, be-passed. Council member
Doty explained there will be a hearings examiner as part of
the new process and there will actually be three alternatives
depending upon the individual issue before the City. She
stated many of the issues would go before the hearings
examiner and the Regional Planning Commission. She stated the
City will still have its own Plannning Commission in place to
do some planning for the City. Mr. Mathews stated he is
concerned about the violation of people's rights. He
II/ indicated he had been told by Tony Menke that his recourse was
through the City Council. He stated if Council passes this
ordinance, and citizens are forced to go through the hearings
examiner, he was concerned that he had been misinformed by Mr.
Menke. City Attorney Andrews explained to Mr. Mathews that if
he is unhappy with the recommendation that has been made by
the Planning Commission for the enactment of the new
comprehensive zoning ordinance, there will still have to be a
legislative hearing by the City Council and the County
Commissioners before that ordinance can be enacted into law.
Mr. Mathews stated he understood that, but Council member Doty
be handled by the hearings examiner.
City Attorney Andrews indicated the hearings examiner is a
part of the implementation of the new code, but that will not
happen until after the enactment of the ordinance. He stated
the hearings examiner would not sever access to the City
- Council regarding such -matters. City ,Attorney Andrews
indicated to Council this item was on the Consent Agenda at
the request of City staff simply as a "housekeeping measure."
He stated this is something that was agreed to in January of
358 AUGUST 21, 1984
1977 in an agreement which contemplated the creation of a new
planning commission and the eventual divesting altogether of
the City Planning Commission of its power and authority. City
Manager Zais stated this agreement explains the functions
performed by the Regional Planning Commission excluding the
City Planning Commission. The question was called for a vote
on the motion. Carried by 3-1 roll call vote. Barnett voting
nay. Beauchamp, More and Sparling absent.
ORDINANCE NO. 2798, AN ORDINANCE relating to the City
government administration; defining the duties of the City
Planning Ccmmission and amending Section 1.42.050 of the City
of Yakima Municipal Code.
*17. CONSIDERATION OF AN ORDINANCE AMENDING THE GENERAL FUND AND
APPROPRIATING FUNDS FROM THE GENERAL FUND
An Ordinance amending the general fund and appropriating funds
from the General Fund having been read by title only at the
previous meeting, was brought before the Council for a second
reading.
ORDINANCE NO. 2799, AN ORDINANCE amending the 1984 budget for
the City of Yakima; and making an appropriation in the General
Fund for expenditure during 1984.
*18. CONSIDERATION OF AN ORDINANCE REPEALING SECTION 6.04.220 OF THE
CITY OF YAKIMA MUNICIPAL CODE.
ORDINANCE NO. 2800, AN ORDINANCE relating to public safety and
morals; and repealing Section 6.04.220 of the City of Yakima
Municipal Code.
19. OTHER BUSINESS
City Clerk Roberts stated she has received a request from an
applicant for a taxi driver's license for a hearing before the
City Council to appeal the denial of such license. It was
MOVED by Carmichael, seconded by Buchanan, to set the date of
hearing on this appeal, for August 28, 1984. Unanimously
carried by voice vote. Beauchamp, Moore and Sparling absent.
INFORMATION ITEMS
Itans of information supplied to Council were: Yakima River
Basin Water Enhancement Project Newsletter. 8/10/84; Article
from Nation Cities Weekly, "House Votes Antitrust Bill,"
8/13/84; press release from Yakima Community Television re:
Award of Appreciation, 8/14/84; minutes of the 6/25/84
Community Programming Advisory Committee meeting; minutes of
the July 24, 1984 Regional Planning Commission meeting.
20. ADJOURNMENT
There being no further business to come before the Council, it
was MOVED by Buchanan, seconded by Carmichael, that this
meeting be adjourned at the hour of 4:39 p.m. Unanimously
carried by voice vote. Beauchamp, Moore and Sparling absent.
READ AND CERTIFIED ACCURATE B e a . ,f„,_,A, DATE o /O-c%Ielr e i
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