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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. 360 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 1362 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 READ AND CERTIFIED ACCURATE BY apA hm _ Lt i r o t oy DATE / Ms CX) CIL MEMBER ATTEST: X-et-Zt COUNCIL R DATE ,or CITY CLERK MA 0 •