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
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DUNCEL MEMBER / DATE
COUNCIL MEMBER" -
ATTEST:
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CITY CLEN
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ZAYOR
February 16, 1982
There being no quorum present, the City Clerk announced there will be no
meeting.