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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 II/ 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 ,COUNCIL MEMBER i (1 na .4 • • ' _ALE.L ISUNCIL MEMBER ATTEST: 2 / ' 4 , A r • CITY �LERK MAYOR