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HomeMy WebLinkAbout02/09/1982 Study Session FEBRUARY 9, 1982 15 STUDY SESSION The City Council met in session on this date at 7:00 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Lynn Carmichael, Clarence Barnett, Henry Beauchamp, Lynn Buchanan, W. K. "Pete" Moore and Jack Sparling. Council member Shirley Doty absent. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mentioning that he had heard that Air Olympia will also leave, Council member Barnett requested information on the Airport budget. Assistant City Manager Wittenberg distributed a press II/ release cm and letter fr Air Olympia concerning their suspen- sion of service to Yakima. He stat that at their terminal rent will continue as per their lease. Their landing fees were about $2,200 a year, which will he a loss unless they recom- mence service. He stated that there has been some interest expressed for rental of their space at the terminal. City Manager Zais stated that Council will be provided with a revised budget for the Airport. Council member Beauchamp inquired if there has been an assess- ment on the street damages. City Manager Zais stated that there will be a report coming to Council shortly About the pothole repairs. Mayor Carmichael gave a report on the Legislative Day she and Council member Barnett and City Manager Zais attended. She reported on the local option half cent sales tax the Assoc- iation of Washington Cities has been lobbying for, and spoke about the attachments to this legislation to exclude develop- ment fees. The utilities said they are expecting an increase in rates in the next several years and they would like to see the Association endorse a 6% lid on the utility tax, which Yakima is ncw at. She spoke about the alternative for cities like Vancouver who has to compete with Oregon, which does not have any sales tax. City Manager Zais stated that there was a lot of discussion about the utilities' proposal. He reported that they did meet with a number of legislators. Council member Sparling expressed concern about the excessive time that Department and Division heads remain with the City once they have tendered their resignation or have been ter- minated. He stated he would like to see Council set a policy on this. Following discussion, it was the general consensus of the Council to lock at this later when more information is available. 2. EXECUTIVE SESSION II/ It was MOVED by Barnett, seconded by Moore to move into Execu- tive Session for the purpose of discussing pending and pro- spective litigation. Unanimously carried by voice vote. Doty absent. BUSINESS MEETING 3. ROLL CALL At 8:00 P.M., the Council members commenced the regular meet- ing, Mayor Carmichael presiding; Council members Barnett, Beauchamp, Buchanan, Moore and Sperling and City Manager Zais and City Attorney Andrews present on roll call. Council member Doty absent. Mayor Carmichael stated that Council member Doty is out of tcwn. 116 FEBRUARY 9, 1982 4. INVOCATION The Invocation was given by Council member Barnett, 5. GJNSENT AGENDA Mayor Carmichael referred to the items placed on the Consent Agenda,Auestioning whether there were any additions or dele- tions from either Council members or citizens present. Coun- cil member Beauchamp requested that Item No. 15 be removed and Council member Barnett requested that It No. 17 be removed frun the Consent Agenda. Council member Beauchamp requested that 'Item No. 13 be added, however, it was not that there is a citizen present wishing to speak on this item. Council member Barnett requested that Item No. 12; be added to the Consent Agenda. Morrie Shore, a citizen, requested that Item No. 18 be removed from the Consent Agenda. It was the general consensus of the Council that the deletions of Items No. 15, 17 and 18 and the addition of Item No. 12, as requested, be made. The City. Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Moore, seconded by Buchanan that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Doty absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda to be handled under one motion without further discussion.) 6. CURRENT STUDY SESSION ITEMS None 7. HEARING ON 1982 UMTA.GRANT Dan Newton, Transit Manager, stated that the 1982 grant re- quest for $409,251 is based upon the adopted 1982 budget which . included the allocation,of $250 •to the: Capital Reserve Fund and the continuation of evening, Sunday and revised Summitview routes.- He stated that since we have reduced the evening service, the grant request voucher each month will be for less than $409,000 because of the reduced evening service and ; payffent to the County for E & H services, plus the repayment of the remaining interfund loan, operating loan plus interest. Council member Beauchamp asked about uniforms for the drivers. Mr. Newton reported that he is in the process of purdhasing the uniforms for the drivers. Mayor Carmichael requested that staff bring in a sample of the uniforms to the Council soffetime. There being no citizen present wishing to speak at this hearing, the hearing was closed.. 8. PRESENTATION BY MR. S. E. °DOPER RE FAIRVIEW-SUMAC MOBILE HOME SEWER HOOKUPS S.E. cooper, 1604 E. Beech Street, requested hoc* -up to the sewer for two mobile. homes he has in the Fairview-Sumac area. He stated that he has .a letter from the Yakima County Public Works Department stating that he does not need a special use permit to place his mobile homes on that property, as long as the mobile hones have greater value than the ones he replaced. He spoke about the correspondence he received from Larry Wright, Department of Community and Economic Developaent. He stated that it is better to have a mobile home on that pro- perty to bring in tax revenue, rather than a lot of weeds. He stated that those mobile homes are there legally according to County rules and regulations and after the July 1, 1980 deadline they were supposed to be set up under the County and City guidelines. He stated that that is a unique area because of the-health hazard that exists and the fact that it is a low income area. Harry Stotensberg, 408 Santa Roza Drive, asked why the City doesn't want mobile homes in that area. Mayor Carmichael stated that that will be discussed after we have heard from all the citizens. Art Berger, owner of mobile hone FEBRUARY 9, 1982 117 business at 1829 S. 1st St., supported Mr. Copper in his efforts to obtain the hook-up to the sewer. There was a lengthy discussion regarding the Code requirements and the construction of the mobile homes. Council member Budhanan stated that he would like to meet with the County and try to get it worked out so we can try and solve the problem at the fringe areas around the City. It was MOVED by Buchanan, seconded by Beauchamp to take this under advisement and get with the County to speed up the process. Council member Sparling stated that anybody who has done things legally and wants to hook-up, should be allowed to. Council member Barnett stated that he will vote for the notion, but he does not think the problems have been addressed that is before us in resolving the issue that has been brought up by Mr. Cooper. Council member Moore stated that he knows the Fairview-Sumac than area and we would not be creating any greater fire hazard an 11/ already exists. He stated that we should get a recommendation fr om the County as to what we should do with the sewer hock-ups. The only reason we are involved in it is because we are thinking about future annexations. He stated that he will vote for the motion but on the concept that we get a letter from the County saying they agree with this or they don't. Following discussion, the question was called for the vote on the motion. Unanimously carried by voice vote. Doty absent. It was MOVED by Sparling to have a report from the staff within 30 days. The motion died for lack of a second. Mayor Carmichael stated that we can direct staff to do this. 9. APPEARANCE BY JOHN KLINGELE RE AGENDA FORMAT AND CONTENT John Klingele, 1312 W. Walnut, distributed a handout to the Council regarding the number of executive sessions held in 1982. He stated he would like to see a Committee of the Council go over those minutes and open those minutes for the pUblic. He stated he also Objects to the time limit placed on audience participation. He commented that it may take someone a lot of courage to decide to speak to the Council and a time limit may inhibit them. He also stated he was opposed to having to give a title on what he wanted to speak about when he requested to have an item on the agenda. He stated he did not want to be limited to one subject. He asked if the pro- gram at the wastewater treatment plant is one copied from another plant, or is it a new program developed by our eng- ineers. Mayor Carmidhael stated that the staff is not here to respond to that question. City Manager Zais commented that there is a report on sludge management that will come to Council in a couple of weeks. 10. AUDIENCE PARTICIPATION Mary Hersey, business representative for AFSMCE Local 1122, distributed a written report regarding the Parks Commission report, which she read into the record. She stated the report has been prepared by the Union's attorney, Pat Cockrill. Mayor Carmichael stated that Council will take this under 11/ advisement. 11. REPORT ON INDUSTRIAL REVENUE BONDS (Tabled from 2/2/82 meeting) Council member Beauchamp stated that after speaking with a few people, he does not believe it is necessary for the City to form its own corporation unless the County gets bogged down. Council member Barnett stated that the Council members would need to obtain additional insurance coverage to cover their liability. He stated that he agrees with Council member Beauchamp that since the County has created a body to handle these bonds, there is no need for the City to form a separate public corporation at this time. He stated that it would be a centralized unit and it would be one stop for the users. The Council would still- maintain the -right of local review. Council member Moore stated that he doesn't see any particular advantage for the City to become involved at this time. Mayor 8 FEBRUARY 9, 1982 Carmichael agreed with the other Council members, but stated that the City should be ready to impleMent something of this nature should the need arise. It was the consensus of the Council to write a letter indicating the Council's feelings. It was MOVED by Moore, seconded by Beauchamp to table that motion Whidh was tabled last week, until such time it 'is 'appropriate to act on it; UnanimOdsly carried voice vote. Doty absent. *12. 1981 ANNUAL OF OPERATIONS AND FINANCES OF CAPITOL THEATRE The 1981 annual report of operations and finances of the Capitol Theatre was adcepted. ' 13. TEMPORARY CLOSURE OF - A PORTION OF FRONT'STREDIE BETWEEN "A" AND "B" STREETS ' Denny Covell, Director of Engineering and Utilities, reported that this closure request has been discussed between the County contractor, City Traffic Engineer, Police and Fire Departments and himself. He spoke about the compromise which was reached to not close the entire street width for that block, but to al 10 traffic for one lane southbound for emer- gency vehicles. He' Stated that staff is requesting con- currence from the Police and Fire Departments and Burlington Northern. He stated that staff is requiring liability cover- age and sign dhanging. Lou Haff, Assistant Director of County Public Works and project manager for the jail construction, stated that the local official of Burlington-Northern says he does not have any authorization to sign that they concur with this action. He requested that that requirement be stricken because we are not restricting their access. Mr. Covell stated that he does not haVe any problems with deleting that requirement; John Klingele, 1312 W. Walnut, asked what the width of the street is; and stated he was hoping to keep the west side of Front open withOut any parking. Mr. Covell stated that staff will be removing the parking and maintaining an 11 foot lane to give the County as mudh'room as possible on the east side. Resolution No. D-4618 having been read by title, it was MOVED by Budianan, seconded' by Pore that the resolution :b passed, deleting It 7-A of Section 1. Unan- imously carried by roll call vote; Doty absent. RESOLUTION NO. D-4618, A RESOLUTION granting a temporary permit to the County of Yakima to restrict the flow of traffic on a portion of North Front Street. 14. AUTHORIZATION FOR REPAIR WORK ON DIKE, WITHOUT CALLING FOR BIDS Dennis Covell, Director of Engineering and Utilities, reported that he is concerned because he has not received anything in writing from the Corps of Army Engineers, although verbal communication indicates that we are on our own for this im- mediate repair. He reported that staff has solicited quotes and have received four. The low quote-was given by Low's Crane & Excavating at a figure of $14.33 per cublic yard. He II/ recommended that this resolution be passed authorizing not more than $25,000 for repair of the dike. Council member Barnett asked what the other quotes were. 'Mr. Covell reviewed them as follows: low's Crane & Excavating - $19,345.50; - Thunderbird Trucking - $26,325; Lewis Construction - $30,172.50 and Garza Construction *& Layman Trucking & Hauling - $30;646. Council member'Sparling asked where the money would come from. Mr. Covell stated that he would hope to appropriate money from the Sewer Cash Reserve Fund. Council member Beauchamp asked if a bid bond was required for bid submissions Mt. Covell and City Attorney Andrews reviewed the process for calling for quotes on an emergency basis, which does not require a bid bond, but a performance bond and insurance will be required. John Klingele, speaking for Ines Rice, stated she Objects to the fact that the City is authorizing this award without calling for bids. Resolution FEBRUARY 9, 1982 119 No. D-4619 having been read by title, it was MOVED by Buchanan, seconded by Barnett that the Resolution be adopted. Carried by 5-1 roll call vote. Beauchamp voting nay. Doty absent. RESOLUTION NO. D-4619, A RESOLUTION authorizing a contract for work, labor and materials for dike repair without calling for formal bids. 15. MODIFICATION TO THE CAPITOL THEATRE OPERATING AGREEMENT Council member Beauchamp asked what the amendment to the agreement is about. Assistant City Manager Wittenberg ex- plained that the 1978 agreement does not provide for any II/ operational support and on an annual basis we have done that the e past two years. This is the third year for that contribution and in order to do that, a modification to that agreement needs to be enacted. He stated that this is an agreement for one year in order to make that contribution. He introduced Herb Frank, Frank Bradley and Tom Tomlinson. Resolution No. D-4620 having been read by title, it was MOVED by Beauchamp, seconded by Sparling that the resolution be passed. Unanimously carried by roll call vote. Doty absent. RESOLUTION NO. D-4620, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a modification agreement with the Capitol Theatre Committee, Inc. *16. MODIFICATION TO TRANSPORTATION AGREEMENT WITH DIAMOND CAB ODMPANY RESOLUTION NO. D-4621, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an amendment to Transportation Services Agreement with Diamond Cab Company. 17. ORDINANCE RE ALARM INSTALLATION FEES Council member Barnett stated that Council had directed staff to prepare legislation on this last week, but at one time, he thought there was going to be a procedure established that would indicate on the agenda or cover sheet that would show the vote if it was not a unanimous vote, just for the record. Iris Litzenberger, City Clerk, stated that that information could be provided on the Agenda Statement cover sheet in the future. Ordinance No. 2598 having been read by title, it was MOVED by Moore, seconded by Buchanan that the ordinance be passed. Carried by 4-2 roll call vote. Beaudhav and Sparl- ing voting nay. Doty absent. ORDINANCE NO. 2598, AN ORDINANCE relating to fire protection; providing for permits and specifying permit fees to install II/ private fire alarm systems; requiring payment of a transmitter equipment fee; and amending Section 10.03.050 and 10.03.100 of the City of Yakima Municipal Code. 18. ORDINANCE ZONING PROPERTY AT 56TH AND TIETON DRIVE (TANCARA SUB- DIVISION) Morrie Shore, attorney for Mayer Corporation, stated that he had given the City Clerk copies of a proposed ordinance he prepared, which he believes Council now has. He reviewed the areas in which he has proposed wording changes or additions: page 1 - corrected total of lots in the subdivision and the division of the lots; page 2 - clarification that there will be two lots developed; page 3 - addition of what he believes was a finding of the Council, referring to Council member Doty's remark regarding other condominium and duplexes not being a detriment to the area in Which they are located by Englewood; #6 - suggested wording -- "it may be desirable"; dhanges made in reference to the design review committee and under the covenent, its called "Architectural Committee"; delete staff review of aesthetic consideration; Page 5 - "G" wording change regarding the requirement that no adjacent lots have common wall construction; Page 4 - finding #9 re coming 120 . FEBRUARY 9, 1982 back and building more units. Larry Wright, Acting Director of Community and Economic Developuent, stated that he has a couple 'of concerns about their proposed ordinance. He stated that he did not believe the staff talked about the Horizontal Regime Act. He stated that he does not have any problem with that except that it more- nearly approaches an R-2 zone than was envisioned. He stated that he is particularly concerned about the items that refer to "it may be or it is desirable". He stated that the Planning Commission was specific that it was desirable to distribute the units. He stated he has a strong objection to Item #9. He stated that he and the City Attorney have talked about this and about the provision of affordable housing. The introduction-of particular issue at this time without a. particular policy decision as to what affordable housing is, is very difficult to determine. He stated that staff does not infringe on - other people's rights when making an aesthetic review_ of a project. Don Bundy, attorney speaking on behalf of Citizens for Proper Planning, stated that his clients don't Object to the ordinance prepared by the City Attorney. He stated that he doesn't have - objections to all the changes proposed. by Mr. Shore. He stated that he does object, to the first finding on the Horizontal Regime Act. He did not agree to the change regarding finding #6. He stated he would not object to Item No. if the term "affordable housing" would be deleted. Mr. Shore spoke in support of the inclusion of the Horizontal Regime Act and the change to remove the aesthetic review by staff. Council member Buchanan suggested that this item be postponed until the three attorneys can meet to discuss these proposed changes. City Attorney Andrews responded to the proposed changes in the ordinance. He stated that the findings in the ordinance are a restatement of Council's - findings and the Planning Commission's findings and con- clusions. He stated that if the Final- Plan and Program men- tions the Horizontal Regime Act, then that reference is adopt- ed in the ordinance via the Final Plan and Program. He rec- ommended that the ordinance remain as it is and let it include the Final Plan and Program. He stated that if there are two - lots that are developed, that may be an ultimate fact which does: not have any effect on this and he would not object to that change. Referring to the new language to paragraph 5, which is a restatenent Council member Doty's observation, he stated .that that finding of fact was not included in the finding or conclusion of the Planning Commission and hence, not included in the ordinance. He stated that if Council's decision to grant the rezone was influenced by this statenent, it should be included. Referring to the proposed change to -paragraph 6, "may be desirable", he stated that this would be a deviation from the Planning Commission ,findings. Paragraph 7, referring to 6 DU/NRA, he stated that the fact it will not create such prOblems, may or may not be true. If Council took that into account when making a decision, then it could be put in, but it was not in the Planning Commission conclusions. Referring to paragraph 9, he stated that it is a statement of what the law is and is a surplus statement. He advised that paragraph 9 not be included. He stated that the correction to the architectural committee should be made. The reference to aesthetic considerations is language taken from the Planning Commission findings and conclusions to the Council. He stated that he does not believe it to be critical one way or the other. He stated he would concur. that on Section 1, paragraph 2(g), which talks about placenent of the common wall -construction, Council left it to the City staff to make a - discretionary determination on which lots may be built side by side. He-stated it would be appropriate to include that lan- guage, "without prior approval by the staff, common wall units - should not be built on side by side_lots". He advised that that language remain in the ordinance. It was MOVED by Beauchamp, seconded by Buchanan to accept. the outline and rec- annendation as given by .the City Attorney and have the ordinance redrafted to have those changes made. City Attorney Andrews stated - that that notion does not give enough direction 121 FEBRUARY 9, 1982 to staff. Council member Beauchamp withdreg his motion and Council member Buchanan withdrew his second. There was fur- ther discussion regarding the section in the ordinance re- garding aesthetics. Following discussion, it was MOVED by Beaudhamp, seconded by Moore to accept the City Attorney's recommendation and have him bring back an ordinance which will exclude the aesthetic portion of the ordinance. Council member Barnett commented that there was some indication that the attorneys could resolve some of these differences. It was MOVED by Budhanan, seconded by Moore to table this for one week. Unanimously carried by voice vote. Doty absent. 19. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN II/ It was MOVED by Buchanan to go ahead with the portion having to do with the cadet program and postpone the rest until next week. The motion died for lack of a second. Mary Hersey, business representative for AFSCME Union, submitted the writ- ten material she had prepared regarding the Seger Maintenance Division. She also introduced five Sewer Maintenance Division employees. Following discussion and Ordinance No. 2599 having been read by title, it was MOVED by Buchanan, seconded by Sparling to take the action referring to the Police Department Cadet Program and approve that and postpone the decision on the balance until next week. It was MOVED - by Buchanan, sec- onded by Barnett to amend the ordinance to delete any mention of sewer maintenance. Unanimously carried by voice vote. Doty absent. The question was called for the vote on the Motion, as amended. Unanimously carried by voice vote. It was MOVED by Mbore, seconded by Sparling that the ordinance, as amended; be passed. Unanimously carried by roll call vote. Doty absent. 20. OTHER BUSINESS INFORMATION ITEMS Items of information supplied to Council were: letter to Representative Sid Morrison from Mayor and City Manager re: Dike Armoring for Yakima Regional Wastewater Treatment Facilities. 2/1/82; letter to Association of Washington Cities from City Attorney re: House Bill No. 823. 1/29/82; article from The Wall Street Journal, "Voter Apathy Perils Reagan's Program for 'New Federalism,' Mayors Warn." 1/29/82; monthly report from the Yakima Air Terminal for December, 1981; Minutes of 12/22/81 Airport Advisory Commission meeting; agenda for February 10, 1982 Parks & Recreation Commission; minutes of 1/20/82 Board of Appeals meeting; and Seattle's Capitol Report, Volume 4, No. 2, January 29, 1982. 21. ADJOURNMENT II/ There being no further business to come before the Council, it was MOVED by Mbore, seconded by Buchanan that this meeting be adjourned at the hour of 11:30 p.m. Unanimously carried by voice vote. Doty absent. READ AND CERTIFIED ACCURATE By001 DATE /4/14A,.i2 44.(.44%... DUNCEL MEMBER / DATE COUNCIL MEMBER" - ATTEST: , if.\%eta...0* CITY CLEN AtA c).„ ZAYOR February 16, 1982 There being no quorum present, the City Clerk announced there will be no meeting.