HomeMy WebLinkAbout01/24/1984 Study Session 200
JANUARY 24, 1984
STUDY SESSION
The City Council net 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 W. K. "Pete" Moore. Council members Shirley Doty and Jack Sparling
Absent and excused.
1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council member Carmichael informed Council of the various
groups which aided in putting up the Christmas decorations in
the downtown area. She stressed that Mr. Ragland of the
Downtown Area Redevelopment Committee will no longer serve on
that committee and asked that a letter be sent thanking him
for aiding in such a task on a yearly basis. She also pointed
out this was accomplished last year at $600 below the budgeted
amount.
Council member Carmichael expressed her concern with regards
to the possibility of enacting an ordinance requiring City
staff to wear seat belts. City Manager Zais stated he would
have staff look into this matter further and get back to
Council with additional information.
Mayor Barnett questioned if the City Manager had delegated the
matter of contacting Chris MdGlothlen on the possibility of a
Boy Scout project of painting signs to designate handicap
parking stalls and other related traffic assistance projects.
City Manager Zais responded that the matter will be addressed.
2. STATUS REPORT FROM LEGAL DEPARTMENT REGARDING PROPOSED TAXI
DEREGULATION
Fred Andrews, City Attorney, provided background information
on the subject of taxicab deregulation Which was first
introduced in April and October, 1983. Council member
Buchanan commented that the federal government has, at the
present time, deregulated the airlines and are looking at
regulations for other means of transportation. His main
concern is, that with the federal government considering
regulating these means of transportation, why is the City
heading towards deregulation. George Kapellas, owner of
Diamond Cab Company, stated that the owner of Yellow Cab
Company, Grayce Kauzlarich, concurred with him on opposing the
deregulation of the taxicab industry in Yakima. He was
surprised to find there wasn't a follow-up report in the
_
Council packet. on cities that had deregulated; only the legal
ratification portion of this issue was provided. Mr. Kapellas
pointed_ out items of interest on the deregulation of the
taxicab industry, stating that metropolitan areas with
population greater than Yakima 's had turned to deregulation to
avoid any possibility of an antitrust lawsuit and because of
problems, re the industry. Mr. Kapellas expanded on
the three options given.to'the Council_ to resolve this issue.
The first option is simply to have Council do nothing, which
in his opinion, is not the right avenue to take at this time.
The second is to totally deregulate the industry in Yakima.
He stated that deregulation is not necessary to ensure
exemption from antitrust liability. The third, which he
favors, is to ensure that the City take precautionary measures
to avoid antitrust liabilities whicn would be done through a
state regulation that would either regulate the taxis or allow
Council to regulate the taxis, exempting the city from
antitrust liabilities. He stated that currently there is a
bill designed to eliminate the possibility of the City being
involved in antitrust lawsuits. He encouraged the concerned
citizens of Yakima to call their local state representatives
and voice their support of the bill. Rick Kask, an employee
JANUARY 24, 1984 201
for Airborne, spoke in opposition of the deregulation in
Yakima. Having moved here a few years ago from New York City,
Mr. Kask feels Yakima is too small a city for such an action.
He stated that Yakima would be overflowing with independent
"cabbies" or "gypos" who would surely take advantage of the
elderly and handicapped citizens of Yakima. Mayor Barnett
personally felt that perhaps Council should postpone a
decision on this issue until a resolution is sought on the
bill that is currently before the state legislature. Council
member Beauchamp indicated he does not see a problem with the
current standards of the taxicab industry in Yakima. He
stated the current cab canpanies do not monopolize on this
business, and if outside cab canpanies wish to come to Yakima
for business purposes, they are free to do so. Council member
II/ Carmichael concurred with the comments previously heard,
adding that Council would be premature in taking action at
this time. It was MOVED by Moore, seconded by Beauchamp to
table this proposal at the present time. The question was
called for a vote on the motion. Unanimously carried by voice
vote. Sperling and Doty absent. City Attorney Andrews
requested a copy of Bill #64 for his review. Mayor Barnett
commented on the antitrust problem, stating that he would be
leary of taking any action on this issue without reviewing all
the areas in which the City may be exposed to the possibility
of an antitrust lawsuit.
3. PRESENTATION AND DISCUSSION ON CITY LEGISLATIVE PRIORITIES FOR 1984
Council member Carmichael expanded on the category levels of
legislative priorities by the Association of Washington Cities
(AWC). Adding that some priorities may be in a higher
category level, Council .member Carmichael stressed all items
listed were very important issues, however, depending upon
which items staff would prefer to put forth their greatest
amount of time and effort, some items should be deleted. City
Manager. Zais explained that Council's main objective to this
issue is to give AWC a general consensus of Council's
reactions, whether it be in opposition or supportive of the
various priorities listed. Mayor Barnett stated there are
two particular items on this list which he does not favor:
one being to amend Article VIII, Sections 5 & 7 on the State
Constitution to redefine the term "public purpose"; the other
being to resist any reduction of support for tourism. Council
member Carmichael and City Manager Zais expanded on these two
items providing Council with background information. Council
manber More asked for a definition of the term "lending of
credit". City Manager Zais explained this is a restrictive
measure in the State constitution, prohibiting the enhancement
of community development financing. Assistant City Manager
Wittenberg commented that the legislative issues before
Council would allow them to have more decision-making
authority at a local level. Council member Moore requested
II/ more information by staff on the "lending of credit" issue and
the maintaining of the 3% local option hotel/motel tax. It
was MOVED by Moore, seconded by Beauchamp to move Item N. 3
of'the-Study Session to Item Nb. 7a of the Business portion of
the meeting. Abanimously carried by voice vote. Doty and
Sperling absent.
BUSINESS MEETING
4. ROLL CALL
At 3:00 p.m., the Council members commenced the regular
meeting, Mayor Barnett presiding, Council members Beauchamp,
Buchanan, Carmichael, and Moore and City Manager Zais and City
Attorney Andrews present on roll call. Council members Doty
and Sperling absent and excused.
5. INVOCATION
The Invocation was given by Council member Beauchamp.
202
. JANUARY 24, 1984
6. CONSENT AGENDA
Mayor Barnett referred to the its placed on the Consent
Agenda, questioning Whether there were any additions or
deletions from either Council members or citizens present.
council member Buchanan requested that Item No. 8 be tabled
for one week. Mayor Barnett requested that Item No. 15 be
removed from the consent Agenda, as a citizen wished to speak
on this issue. It was the general consensus of the Council
that the deletion of Item No. 15, as requested, be made and
that Item No. 8 be tabled. The City Clerk then read the
Consent Agenda items, including resolutions and ordinances by
title. It was MOVED by Beauchamp, seconded by Carmichael that
the Consent Agenda, as read, be.passed. Unanimously carried
by voice vote. (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. 3
Rand Elliott, 9 North 9th Street, addressed the priority issue
of resistance to any reduction of support for tourism, which
includes maintaining the 3% local option hotel/motel tax and
continued funding of the State Tourism Program. Mr. Elliott
spoke on behalf of the Yakima Motel Association, who is in
strong opposition to the tax portion of this issue. He
informed Council that the State Lodging Association is trying
to repeal this on a state level. Council member Carmichael
expressed her concern that, hopefully, in the future Council
could act on these proposals late in the fall and get back to
local representatives on issues prior to the convening of the
state legislature. City Manager Zais asked Council to add an
item to the list of priorities relating to enforcement of
parking ticket violations. He informed Council there is
legislation now pending that would repeal all existing laws
for enforcement of unpaid parking tickets, adding that if this
were to pass, it would be impossible for the City to collect
any fines. He stated this would not allow the City to
effectively control and maintain the parking in the downtown
area. It was MOVED by Carmichael, seconded by Beauchamp to
direct staff to prepare proper legislation and provide Council
with additional information on the legislative priorities.
The question was called for a vote on the motion. Unanimously
carried by voice vote. Doty and Sparling absent.
Proclamation
Mayor Barnett read a proclamation proclaiming January 27, 1984
as the City of Yakima's 98th Birthday. He presented the
proclamation to Bruce Crest, Chairman of the City Employee's
Public Relations Committee, who encouraged the citizens of
Yakima to attend the celebration.
8. APPROVAL OF MINUTES
11/
Tabled one week.
9. AUDIENCE PARTICIPATION
Reverend Trimble gave a presentation before Council requesting
a street name change from So. 6th Street to Martin Luther
King, Jr. Drive, emphasizing Mr. King's outstanding fetes. He
further requested Council to declare January 15th, Dr. King's
birthday, as a City holiday. Citizens present speaking in
favor of the street name change from South 6th Street to
Martin Luther King, Jr. Drive were: Rev. Howard Cole, 1509
So. 74th Avenue; Rev. Joe Denman, 814 Central; Pastor A. C.
Stallworth, 1304 So. 8th Street; Johnny and Greg Rance, 905
So. Naches Avenue; Joyce Ware, 807 South 7th Street; Dolores
Goodman, 1002 So. 6th Street; and Bobby Carter of 1105 South
6th Street. Rev. Denman questioned Why such a request for a
street name change takes such a long time when the City of
Seattle changed the name of the airport from Sea-Tac to
JANUARY 24, 1984 203
Jackson in a short timeframe. Joyce Ware expressed her
concern with the racial attitude expressed toward this
request, stating she was "appalled and astounded" with the
citizens of Yakima on this issue. Citizens speaking in
opposition of the name change from South 6th Street to Martin
Luther King, Jr. Drive were: J.-M. St. George, 608 No. 6th
Street; Margaret Grave, 103 So. 6th Street; Enelia Warming,
508 East Chestnut Street; Alfrieda Walsh, 407 So. 6th Street;
Robert Milner, 211 So. 6th Street; and Charles Countryman of
411 North 4th Avenue. Mr. St. George stated he does not want
to dishonor Dr. King, but didn't feel honoring him with a
street name was appropriate; he suggested that perhaps the
Southeast Community Center could be renamed in his honor.
Margaret Grove informed Council that Reverend Trimble lives in
Terrace Heights, which is outside the City limits of Yakima.
Nancy Faller, 2207 Barge Street, stated she is in favor of
honoring Dr. Martin Luther King Jr. with the naming of a
street, but not 6th Street. She suggested that the name
change be given to a street running east and west instead of
north and south, such as Nob Hill Blvd. Enelia Warming stated
that such a name change would cost the City $3,000 and she
would rather see this amount of money go towards the paving of
chuckholes in the streets. Robert Milner suggested that
perhaps Yakima Avenue could be renamed to honor Dr. King.
Charles Countryman suggested that two individuals should have
something done in their honor, such as a street name change;
those individuals being Howard Gilmore and John P. Cromwell,
for their outstanding leadership abilities in World War II.
City Clerk, Karen Roberts, read into the record a memorandum
from Council member Doty giving two alternatives; raise funds
for the improvement and maintenance of a block on the Naches
Avenue parkway; or rename Washington Park and organize summer
activities paying tribute to Dr. King. On a more personal
note, Council member Doty expressed her fear that the renaming
of the Southeast Community Center could deter ethnic groups,
other than Blacks, from utilizing this facility. Council
member Beauchamp spoke in response to the request for the
street name change, stating that it would be an honor to the
street if this name _change should occur. Council member
Carmichael stated that she stands in a neutral position on
this issue. She suggested that perhaps another street would
gain greater approval by the general public, such as "B"
Street, which runs east and west and is in commercial and
residential areas. It was MOVED by Beauchamp, seconded by
Carmichael to have staff bring back the proposal that has been
presented to rename 6th Street, and "B" Street, for the
consideration of the City Council at the next meeting. The
question was called for a vote on the motion. Unanimously
carried by voice vote. Doty and Sparling absent.
10. HEARING TO APPEAL THE PLANNING COMMISSION'S DECISION TO DENY THE
REZONE OF PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NACHES AVENUE
This being the time set for the hearing on the appeal to the
Planning Commission's decision to :deny the rezone of the
property located in the 400 block of North Naches Avenue from
R-3 to B-1, requested by Mike and Linda Lopez. Glenn Rice,
Mayer Corporation, spoke on behalf of the Mr. and Mrs. Lopez,
relating to Council the compatibility of the property to be
rezoned with the surrounding neighborhood. Mr. Rice
distributed an analysis of the Planning Division reports and
Planning Commission minutes (narked Exhibit P-1). He expanded
upon the various comments made in this analysis, noting that
the Lamplighter Apartments are not of any historic nature to
Naches Avenue. He circulated pictures (marked as Exhibit P-2
through P-8) emphasizing the variety of zones in this area,
Whose buildings are not adequately maintained. Mr. Rice
distributed photographs of the older homes surrounding the
Naches Avenue area, (marked Exhibit P-9 through P-15) stating
these homes have been converted to businesses without
disrupting parking privileges to neighboring residents, and
added these businesses have beautified the area. Mrs. Linda
Lopez, 2502 Summitview, was available to respond to Council 's
inquiries and commented on the Findings of the Planning staff
204
JANUARY 24, 1984
report dated November 15, 1983. Referring to No. 1 of these
Findings, Mrs. Lopez stated that although the Planning staff
reported that "this rezone may not adequately protect the
interests of the adjoining residential properties", many of
the residents voided their support of this rezone at a recent
Planning Commission meeting. Referring to No. 4 of these
Findings, she stated that although there is a significant
amount of B-1 and B-2 zoned properties in this area which are
not being utilized at this time, many of these properties are
deterioriating and need extensive rehabilitation. Quoting
fran the September 13, 1983 Planning Commission Study Session
minutes, "Naches Avenue should be maintained as a historical
site", Mrs. Lopez, stated that most of Naches Avenue is
presently zoned for business purposes and withholding the
decision for rezoning this property would be inconsistent. In
conclusion, Mrs. Lopez stated that by rezoning the property
fran R-3 to B-1, this parcel could be used to its fullest
economic extent. Herb Schmidt, 5204 Douglas Drive, being a
property owner at 404 No. Naches Avenue, spoke in favor of the
rezone request. Council member Beauchamp stated he viewed
this area earlier in the day and questioned Which neighboring
residents favored and which opposed this request. Mrs. Lopez
responded that residents at 402, 410 and 414 Naches Avenue did
not object to the rezone and other nearby property owners
signed a petition in favor of the request. Pat Weddle, 1408
North 1st Street, Earl Nbrdberg & Associates, spoke on behalf
of the tenants Who are currently renting the Lopez's property.
Mrs. Weddle stated she has spoken with the owner of the
Lamplighter Apartments, Gordon Malm, at 406-408 No. Naches
Avenue, who did not oppose this request. However, she stated
the tenants were not in favor of it; their main concern being
the parking problem Whidh might arise. Mr. Maim, Lamplighter
property owner, relayed to Mrs. Weddle that his tenants were
uninformed about this request and they did not have an
opportunity to. discuss their feelings about the matter. Being
an apartment owner, he indicated his main concern is to keep
his tenants satisfied and if this request was not going to do
so, then he was not in favor of the request. council member
Buchanan questioned why the tenants were feeling uninformed
when the request was first requested in August. Mrs. Lopez
responded that Mr. Malm is an out-of-town resident and was
usually unavailable, therefore, he could not contact his
tenants on this issue. Mr. Rice elaborated on the various
zones and the mixture Of uses in this area, requesting Council
to refer this issue back to the Planning Commission for
further consideration. There being no other citizen present
wishing to speak on this issue, the public portion of the
hearing was closed. It was MOVED by More, seconded by
Beaudiamp to remand this rezone request to the Planning
Commission. council member Carmichael asked for cooperation
between the residents and property owners on this issue,
adding that if such an issue should come before Council again,
she would like a clearer reasoning behind the Planning
CommisSion's decision. The question was called for a vote on
the motion. Unanimously carried by voice vote. Doty and
Sperling absent.
II/
11. HEARING ON PARES COMPREHENSIVE PLAN (Continued from 1/10/84)
It was MOVED by Carmichael, seconded by Moore to continue the
hearing, and the remaining items on the Agenda until February
7, 1984. Unanimously carried by voice vote. Doty and
Sperling absent.
12. CONSIDERATION OF ENGAGING PROFESSIONAL SERVICES FOR RE-EVALUATION
OF CAPITOL THEATRE CODE DEFICIENCIES (COntinued from 1/10/84)
Continued until February 7, 1984.
13. PRESENTATION OF EASTSIDE ANNEXATION ENVIRONMENTAL IMPACT STATEMENT
PREPARED BY CONFERENCE OF GOVERNMENTS
Continued until February 7, 1984.
205
JANUARY 24, 1984
14. REPORT ON SEALED BID LIMIT FOR PURCHASE OF CERTAIN SUPPLIES,
MATERIAL, EQUIPMENT OR SERVICES (EXCEPT PUBLIC WORK IMPROVEMENT)
Continued until February 7, 1984.
15. STATUS REPORT ON REQUEST FROM WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION REGARDING TRADE OF PROPERTY
Continued until February 7, 1984.
*16. REPORT REGARDING CONTRACT FOR FIRE PROTECTION SERVICES TO STATE
FACILITIES
The report from the Fire Chief, dated January 24, 1984
regarding a contract for fire protection services was accepted
and approved.
*17. SCHEDULE CF FEES FOR 1984 FOR RECREATIONAL ACTIVITIES FOR THE PARKS
AND RECREATION DIVISION
RESOLUTION NO. D-4910, A RESOLUTION adopting a schedule of
fees for recreational activities of the City of Yakima,
Department of Public Works, Division of Parks and Recreation.
*18. FILING OF GRANT APPLICATION WITH WASHINGTON SERVICE CORPS FOR
POLICE DEPARTMENT REVIEW
RESOLUTION NO. D-4911, A RESOLUTION authorizing the filing of
a Washington Service Corps Project Request for Yakima Police
Department assistance.
*19. DISPOSITION OF DAMAGE CLAIM -
A. Damage Claim filed by Bernadine Wart
RESOLUTION NO. D-4912, A RESOLUTION denying the claim of
Bernadine Wart filed with the City of Yakima on January
4, 1984.
*20. ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE PERTAINING TO
REIMBURSABLE TRAVEL EXPENDITURES
ORDINANCE NO. 2743, AN ORDINANCE relating to government
personnel; authorizing reimbursement for certain expenditures
and specifying the amount thereof; and amending Section
2.20.086 of the City of Yakima Municipal code.
*21. ORDINANCE REZONING PROPERTY AT 1715 SOUTH 3RD AVENUE, AS REQUESTED
BY ANSON DEVELOPMENT
ORDINANCE NO. 2744, AN ORDINANCE accepting the recommendation
of the Planning Commission and granting a major modification
to the Planning Development Zone for property in the vicinity
of 1715 South 3rd Avenue.
*22. ORDINANCE APPROPRIATING FUNDS FOR DOMESTIC WATER IMPROVEMENT
(Second Reading)
An ordinance appropriating funds for domestic water
improvement in the 331-Parks Capitol FUnd, having been read by
title only at the previous meeting, was brought before the
Council for a second reading.
ORDINANCE NO. 2745, AN ORDINANCE amending the 1984 Budget for
the City of Yakima; and making an appropriation in the
331-Parks Capital Fund for expenditure during 1984.
*23. ORDINANCE AMENDING THE 1984 BUDGET FOR PARES CAPITAL FUND (First
Reading)
An Ordinance amending the 1984 Budget for the Parks Capital
Fund, having been read by title only at this meeting, was laid
on the table for two weeks or until February 7, 1984.
266
JANUARY 24, 1984
*24. ORDINANCE AMENDING THE GENERAL FUND BUDGET FOR 1984 (First Reading)
An Ordinance amending the General Fund Budget for 1984, having
been read by title only at this .meeting, was laid on the table
for two weeks or until February 7, 1984.
25. OTHER BUSINESS -
None
Information Items
Items of information supplied to Council were: no from the
Director of Engineering and Utilities regarding status report for
the General Irrigation Diversion Dam Project, 1/19/84; letter from
the Department of Housing and Urban Development regarding Community
Development Block Grant No. B-84 -MC-53 -0008, 1984 Community
Development Statement, 1/18/84; letter from the Department of
Housing and Urban Development regarding Community Development Block
Grant No. B-84 -MC-54 -0008, Annual Housing Assistance Goals,
1/18/84; memo from Street & Refuse Manager regarding 1983 Christmas
Decorations (Final Cost Analysis) 1/13/84; letter from the Office
of the Attorney General re: Project Nbs. 3486-000 including
Project No. 7741-000 1/18/84; letter from the State of Washington,
Planning & Cannunity Affairs Agency re: State and Federal Housing
Program Cpportunities for Mbderate and Lower Income Citizens
1/12/84; article from the Wall Street Journal entitled, "Chicago's
Troubled Transit System Takes Unorthodox Steps to Attract
Commuters" 1/17/84; "Cable Cues" frcm the Yakima Community
Television December 1983 - January 1984; Monthly Report of Chief of
Police for December 1983; Yakima Fire Department Activity Report
1/13/84; and minutes of the January 9, 1984 Parks and Recreation
Commission meeting.
26. ADJOURNMENT
(Council member Wore absent after 5:08 p.m.) There being no
quorum of the Council present, the Council meeting adjourned
at the hour of 5:08 p.n.
4
READ AND CERTIFIED ACCURATE BY p 1 4 1 ,111 1 _ 14 i i / DATE 4 -0-0
COUN 77 ER 11
• ./ - DATE;.7-0- V
COUNCIL wmER
ATTEST: -
CITY CLERK MAYOR