HomeMy WebLinkAbout08/28/1984 Study Session 359
AUGUST 28, 1984
STUDY SESSION
The City Council met in session on this date at 2:00 p.m. in the Council
Chambers of City Hall, Yakima, Washington. Council members present were
Mayor Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael,
and Shirley Doty. W. K. "Pete" Moore present at 2:10 p.m. and Jack
Sparling present at 2:15 p.m.
1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Mayor Barnett introduced Isabelle Barnard of Australia,
Counselor from Clarence Municipality, touring Canada,
Vancouver, New York and Yakima with her son who is interested
II/ in hop brewing. She presented Mayor Barnett with printed
materials on Australia and other gifts for the Council
members. In return, Mayor Barnett presented her with a Yakima
Sunburst pin and a Yakima spoon as a memento of her visit, and
pins to take back to Australia for the other members of the
Clarence Municipality. Mrs. Barnard indicated there are
twelve members on the Clarence Municipality and the terms vary
between one, two and three years.
Mayor Barnett announced there will be a discussion on the
subject of discontinuing the Dial-A-Ride program during the
business portion of the meeting under Current Study Session
Items as Item No. 7a. This was the general consensus of the
Council. (Council member Moore present at 2:10 p.m. and
Council member Sparling present at 2:15 p.m.)
Council member Beauchamp directed the question of how the
streets are prioritized for snow removal to Dave Rhodes,
Director of Public Works. Mr: Rhodes stated the main
arterials and emergency corridors have first priority to allow
for passage of emergency vehicles. He indicated the
prioritization system has been in place for a number of years
and he is unaware of its origin.
2. REVIEW OF PROPOSED SEPA MODEL ORDINANCE
City Attorney Andrews reported on the proposed SEPA model
ordinance stating he and Associate Planner, Don Skone, had
been meeting with the Advisory Committee and participating in
the drafting and revising of these laws. He stated the
ordinance requires enactment by October 1, 1984. He stated
the ordinance is similar to that of the County and should
apply in an overlay manner. He stated amendments may be made
after the ordinance has been passed, however, he recommended
the designee be changed from the Director of Community
Development to the City Manager, and that a provision for
appeals before the City Council be included in the drafting of
the Ordinance. City Attorney Andrews suggested the local
IIF statement should consist of reiteration of state policy and
adopt by reference local policies which apply to the
environment given in our General Plan, Zoning Ordinance,
Subdivision Ordinance, and Outside Utility Agreements, the
West Valley Sewer Plans, etc. He stated Council would receive
a copy of the draft ordinance in advance for their review. It
was MOVED by Beauchamp, seconded by Doty, to direct staff to
give proper legal notice and scheduled the public hearing for
September 25, 1984. Unanimously carried by voice vote.
3. EXECUTIVE SESSION
It was MOVED by Buchanan, seconded by Doty, to move into
Executive Session for the purpose of discussing pending
litigation. Unanimously carried by voice vote.
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AUGUST 28, 1984
BUSINESS SESSION
4. ROLL CALL
At 3:20 p.m., the Council members commenced the regular
meeting, Mayor Barnett presiding, Council members Beauchamp,
Buchanan, Carmichael, Doty, Moore and Sparling and City
Manager Zais and City Attorney Andrews present on roll call.
5. INVOCATION
The Pledge of Allegiance was led by Mayor Barnett.
6. CONSENT AGENDA
Mayor Barnett referred to the Its placed on the Consent
II/
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present.
Council member Buchanan requested that Item No. 16 be removed
due to conflict of interest. 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 Buchanan, seconded by Carmichael, that the Consent Agenda,
as read, be passed. Unanimously carried by roll call vote.
(Subsequent paragraphs preceded by an asterisk (*) indicate
its on the Consent Agenda handled under one motion without
further discussion.)
7. CURRENT STUDY SESSION ITEMS
a. Dial-A-Ride Service
Mayor Barnett stated this was the first report of ridership
and costs received by Council and he was concerned that the
allocation of funds has already been utilized for the year of
1984. He indicated 9.1% of the annual estimated transit sales
tax revenue would be necessary to continue the program for the
balance of the year. Mayor Barnett proposed the Transit
Division establish a monthly cut-off period when the average
for the month has been reached based upon the average
ridership, and thereby establish some control. Council member
Buchanan comented that the 9.1% is based on the average
ridership thus far this year, and in actuality, current
ridership is well above average, therefore, the 9.1% will not
be sufficient to cover the cost. Mayor Barnett requested
those citizens present desiring to speak on this issue to come
forward. Carolyn New, representing the Health Activities
Volunteer Services (HAVS), urged Council to continue funding
the Dial-A-Ride Program. She volunteered to work with Council
or the Council Transit Committee to resolve the financial
problems incurred in the Dial-A-Ride Program. Kim Armitage,
HAVS representative and Activities Director for Madison
Fountains Retirement Center, also urged Council to continue
the funding for the Dial -A-Rider program. Helen White, 914
II/
Pitcher Street, indicated she had heard the Dial -A-Ride
program might be discontinued as of September 1, 1984, and
questioned if this is true. Mayor Barnett stated her
information is, in fact, correct. Carl Murphy, Executive
Director of Evergreen State Taxi Association and
Intergovernmental Relations Consultant and Lobbyist for the
State Growth, indicated this is a national problem which his
organization is attempting to resolve and offered his
assistance to George Kapellas of Diamond Cab, local provider
of this service. Discussion followed regarding the
possibility of prioritizing the service, however, it was
pointed out that this practice is prohibited under the UMTA
Guidelines. Responding to the Mayor's question, Bill Schultz,
Transit Manager, stated the cost cap offers two formulas for
determining the maximum amount that UMTA can require the City
to spend. After further discussion, the gavel was yielded to
the Assistant Mayor, and it was MOVED by Barnett, seconded by
Beauchamp, that Council approve 9.1% of the annual estimated
transit sales tax revenue for the Elderly and Handicapped
AUGUST 28, 1984 3 6 1
program for the year 1984. Assistant Mayor Doty asked if
Council member Barnett had a dollar figure he wished to
include with the motion and he indicated it would be
approximately $145,000 for the balance of 1984. Council
member Buchanan expressed concern that $145,000 would not be
sufficient to support the program for the balance of the year.
Council member Carmichael stated she does not wish to see the
program abandoned and added she would like to see the issue
referred to the Transit Committee to work with some of the
HAVS representatives in an effort to resolve the situation.
Council member Doty expressed concern with allocating a
sizable amount of money into the program due to the fact that
it may make some people complacent regarding the issue. She
indicated she would feel more comfortable allocating money for
another month, explaining that would give Council a sense of
urgency to resolve the situation. Council member Buchanan
stated he felt it would be better to address it on a
month -to -month basis rather than Council being faced with the
same situation at Thanksgiving or Christmas. Council member
Moore addressed the issue, stating he would like to make a
substitute motion. Therefore, it was MOVED by Moore, seconded
by Buchanan, to allocate enough funds to run the program for
another 30 days, and a committee be appointed to delve into
the issue and attempt to arrive at a solution to the problem.
Following discussion, it was MOVED by Moore, seconded by
Carmichael, to include a $10,000 limitation with the motion.
Carried by 5 -2 voice vote. Barnett and Beauchamp voting nay.
Assistant Mayor Doty requested City Clerk Roberts to read the
substitute motion as amended. Clerk Roberts read the
substitute motion as follows; It was MOVED by Moore, seconded
by Buchanan, to allocate $10,000 to operate the Dial -A -Ride
program for another 30 days, and appoint a committee to arrive
at a solution. Carried by 5 -2 voice vote. Barnett and
Beauchamp voting nay. It was MOVED by Moore, seconded by
Sparling, that the committee be composed of the existing
Transit Committee. Carried unanimously by voice vote.
*8. APPROVAL OF MINUTES OF COUNCIL MEETING OF AUGUST 7, 1984
The Council minutes of August 7, 1984 were approved, having
'been duly certified and accurate by two Council members and no
one present wishing to have said minutes read publicly.
9. A RESOLUTION OF APPRECIATION AND COMMENDATION FOR THE SERVICES
PERFORMED BY W. K. "PETE" MOORE
RESOLUTION NO. D -5007, A RESOLUTION of appreciation and
commendation for the services performed by W. K. "Pete" Moore
during his tenure as a Yakima City Council Member.
It was MOVED by Carmichael, seconded by Buchanan, to adopt
Resolution No. D -5007 honoring Council member W. K. "Pete"
Moore. Unanimously carried by roll call vote. Moore
abstaining.
10. A PROCLAMATION DESIGNATING SEPTEMBER 14 -23, 1984 AS THE SECOND SIGN
AMENSTY WEEK
It was MOVED by Sparling, seconded by Beauchamp, to endorse
the proclamation regarding "Sign Amnesty Week ". Unanimously
carried by voice vote.
11. AUDIENCE PARTICIPATION
None
12. HEARING ON APPEAL OF KENAN VESEK ON THE DENIAL OF THE ISSUANCE OF A
TAXI DRIVER'S LICENSE
This being the time fixed for the hearing on the denial of a
taxi driver's license, Kenan Vesek came before Council to
respond to questions regarding this matter. Mayor Barnett
requested that Mr. Vesek make a statement as to the reason why
he is here to request this appeal. Mr. Vesek indicated he had
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AUGUST 28, 1984
made a mistake in his past, however, he believes he has paid
his debt to society for that mistake and is now seeking
employment to support himself. He answered various questions
regarding his background and ork history. George Kapellas,
Diamond Cab Company, spoke in favor of Mr. Vesek being granted
a taxi driver's license stating he has observed Mr. Vesek's
work habits. He stated he is willing to give Mr. Vesek the
opportunity to work if Council grants the appeal of the taxi
driver's license application. After further discussion, it
was MOVED by Beauchamp, seconded by Sparling, to allow Mr.
Vesek the opportunity to obtain his taxi driver's license.
Carried by 6 -1 voice vote. Buchanan voting nay.
13. HEARING ON PARKS & RECREATION COMPREHENSIVE PLAN
This being the time fixed for the hearing on the Parks and
Recreation Comprehensive Plan, Mayor Barnett questioned if
there was anyone present wishing to speak either for or
against the Parks and Recreation Comprehensive Plan. There
being no one present wishing to speak to this issue, the
public portion of the hearing was closed. Council member
Carmichael requested to go on record as requesting additional
soccer fields be established inside the City Limits in the
future. It was MOVED by Carmichael, seconded by Moore, that
the Parks & Recreation Comprehensive Plan be adopted.
Unanimously carried by roll call vote.
RESOLUTION NO. D -5008, A RESOLUTION amending the Comprehensive
Plan for the City of Yakima by adopting a supplemental "Parks
and Recreation Comprehensive Plan".
14. RECONSIDERATION OF REPORT FROM COMMUNITY & ECONOMIC DEVELOPMENT RE:
NORTH FRONT STREET IMPROVEMENTS
George Pechtel, 5 North Front Street, was present to give a
brief synopsis on the report to Council regarding the North
Front Street Improvements which have already been made. He
indicated the area is much improved in appearance over the
past two and one half years. He stated there is currently a
restaurant, a women's clothing store, a winery and brewery
located in the area, and over a half million dollars has been
expended on the North Front Street area, and in the next three
years there will be an additional $385,000 worth of
improvements expended on North Front Street. He requested
this project be remanded to the City Manager or his designee
for further study. Mayor Barnett indicated Lenore Lambert had
indicated there was a need for a response from Burlington
Northern regarding their land, and questioned who should be
writing to than in regard to this situation. Mr. Pechtel
indicated they have already lost one developer due to a lack
of response from Burlington Northern, and suggested perhaps
the City could give them some assistance in this area. City
Manager Zais indicated there has been some reconsideration of
this issue and indicated this project will be reassigned to
the office of the Assistant City Manager, Fred Stouder, as he
has expertise in this area. It was MOVED by Moore, seconded
by Doty, that this issue be referred to the office of the City
Manager and Assistant City Manager for future study and
consideration. Unanimously carried by voice vote.
15. DISCUSSION OF ORDINANCE NO. 2792, RELATING TO SKATEBOARDING,
BICYCLING, ETC. ON SIDEWALKS
Jan Amundson; 702 No. 44th Avenue, was present to speak
against the passage of this ordinance. She stated it is
discriminating and unconstitutional. Council member Beauchamp
reiterated his concern that this ordinance would force school
children to compete with vehicular traffic. Council member
Carmichael stated the ordinance does not say they cannot ride
their bicycles downtown. She indicated there have been
several times when she has been harassed by children on
bicycles in the downtown area and this is the type of activity
the ordinance is attempting to address. Council member Doty
stated she had requested the ordinance be brought back due to
AUGUST 28, 1984 363
the_confusion which resulted after its passage. She indicated
the intent of the ordinance is to keep groups of young
bicyclists, roller skaters and skateboarders off the sidewalks
and parking lots in the Mall and Shopping Centers where there
is heavy pedestrian traffic. Several of the downtown area
merchants have complained about the dangerous situations and
potential hazards that exist in these areas. Council member
Buchanan stated persons are allowed to ride bicycles in the
business districts, but it must be in the streets, as a
bicycle is considered by state law a vehicle. Council member
Moore suggested Council look at whether they want to include
the Chalet Mall and the Westpark Mall. Council member More
pointed out that this ordinance had come to Council's
attention through the request of the Downtown Area
Redevelopment Ccmmittee due to such activities around their
places of business, and the potential hazard as a result of
these activities. (Council member Doty absent after 5:25
p.m.) Mrs. Amundson asked if a petition could be circulated
to remove this ordinance before it becomes law. Council
member Moore informed her that this ordinance has already
become law and is currently in effect. He stated she could
present a petition to the City Clerk at any time. Council
member Carmichael stated she believes the ordinance is very
clear and anything that applies to the downtown area should
apply to the malls and other business areas as well. Local
businessman, Ted Seam', stated kids or adults riding bikes on
sidewalks is a dangerous situation. He indicated the fact
that people walking out of downtown area stores are placed in
a very hazardous sitation when hordes of kids are on the
sidewalks on bikes, skates or skateboards. It was MOVED by
Moore, seconded by Buchanan, that we maintain status quo
regarding this ordinance. Unanimously carried by voice vote.
Doty absent.
16. CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXCHANGE OF REAL
ESTATE BETWEEN THE CITY AND GREENWAY FOUNDATION
Council member Buchanan excused himself due to a possible
conflict of interest and temporarily left the Council
Chambers. Resolution No. D-5009 having been read by title, it
was MOVED by Carmichael, seconded by Moore, that the
Resolution be adopted.
RESOLUTION NO. D-5009, A RESOLUTION authorizing the execution
by the City of a Property Exchange and Park Development
Agreement with the Greenway Foundation and authorizing the
execution and delivery of a quit claim deed to the Greenway
Foundation.
17. CONSIDERATION OF LEGISLATION RELATING TO REFUSE COLLECTION:
a. An Ordinance providing for and regulating garbage storage,
collection and disposal
Ordinance No. 2801 having been read by title, it was MOVED by
More, seconded by Sparling, that the Ordinance be adopted.
Council member Beauchamp spoke against the ordinance, stating
this issue has already gone before the people and to bring it
back again seems inappropriate. Council member Carmichael
stated she shares the same thoughts as Council member
Beauchamp, therefore, will be voting against the motion.
Council member Moore stated he disagrees with this theory and
indicated he is concerned about the antitrust suit that could
result. He indicated such a case came about in Houston and
the ex-Mayor was named in a $6,000,000 law suit. He indicated
he would be voting against it because he does not wish to
place himself in jeopardy. Mayor Barnett reiterated that
until such time as Federal Legislation is passed to relieve
the City from triple damages, he will vote for this to protect
the City and himself. He stated the Congress has only passed
certain relief for cities and city officials in the House, but
it has not been passed by the Senate yet. Council member
364 AUGUST 28, 1984
Sparling stated he would vote in support of the ordinance not
only for the reason of the antitrust, but simply because he
believes people should have a choice instead of the government
deciding everything for them. The question was called for a
vote on the motion. Carried by 4-2 roll call vote. Beauchamp
and Carmichael voting nay. Doty absent.
ORDINANCE NO. 2801, AN ORDINANCE relating to health and
sanitation; providing for and regulating garbage storage,
collection and disposal; prescribing rates and imposing
charges for refuse collection service; requiring a license and
imposing a tax on private garbage haulers; repealing City of
Yakima. Ordinance No. 2625, enacted July 20, 1982, repealing
Sections and Subsections 4.16.010, 4.16.080, 4.16.130,
4.16.140, 4.16.150, 4.16.170(k), 4.16.190C, 4.16.185 and
4.16.220; amending the title to Section 4.16.190 and amending
Sections and Subsections 4.16.180E and 4.16.210; and enacting
new Sections and Subsections 4.16.141, 4.16.151, 4.16.170(k),
4.16.172 and 4.16.180C, all of the City of Yakima Municipal
Code; and providing for a referendum election to adopt or
reject this ordinance.
b. A Resolution calling for a special election regarding refuse
collection
Resolution No. D-5010 having been read by title, it was MOVED
by Moore, seconded by Sparling, that the resolution be
adopted. Carried by 4-2 roll call vote. Beauchamp and
Carmichael voting nay. Doty absent.
RESOLUTION NO. D-5010, A RESOLUTION providing for the
submittal to the electors of the City of Yakima, Washington,
at a special election to be held in conjunction with the
General Election to be held on November 6, 1984, of a
referendum proposition as to whether Yakima City Ordinance No.
2801, enacted August 28, 1984, shall be approved or rejected.
18. CONSIDERATION OF AN ORDINANCE AMENDING THE 1984 BUDGET AND
APPROPRIATING FUNDS FOR IMPROVEMENTS TO THE GLEED WATER SYSTEM
The Ordinance amending the 1984 budget for the City of Yakima,
and making an appropriation in the 477-Water Construction Fund
for expenditure during 1984 having been read by title only at
the meeting, was laid on the table for one week or until
September 4, 1984.
19. OTHER BUSINESS
It was MOVED by Buchanan, seconded by Carmichael, that C.T.
Purdom be appointed to fill the vacancy on the Yakima Center
Advisory Commission. Unanimously carried by voice vote. Doty
absent.
It was MOVED by Carmichael, seconded by Moore, to appoint
Donna West to to fill the vacancy created by Melanie Low on
the Community Programming Advisory Committee. Unanimously
carried by voice vote. Doty absent.
John Hanson, Director of Finance & Budget, informed Council
that the Animal Control Program will begin September 5, 1984.
He stated there will be a one week amnesty provided for
citizens to purchase dog licenses before the September 5, 1984
deadline. The canvass will extend through the end of October.
Information Its
Items of information supplied to Council were: Memo from
Director of Public Works and Transit Manager re: Elderly and
Handicapped Program Funding. 8/23/84; memo from Cable
Communications Coordinator re: Rate increase information from
Cox Cablevision. 8/22/84; memo from Supervising Traffic
AUGUST 28, 1984 365
Engineer re: 1984 capital purchase of CBD signal controllers;
letter from Rand Elliott re: Proposed Urban Zoning Ordinance.
8/21/84; minutes of 8/14/84 Board of Adjustment meeting and
minutes of 7/30/84 Regional Planning Commission meeting.
20. ADJOURNFENT
There being no further business to cane before the Council, it
was MOVED by Moore, seconded by Beauchamp that this meeting be
adjourned at the hour of 5:48 p.m. Unanimously carried by
voice vote. Doty absent.
A
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