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HomeMy WebLinkAbout01/25/1983 Study Session JANUARY 25, 1983 •75 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 ,Lynn Carmidhael, Henry Beaudhamp, Lynn Budhanan, Shirley Doty and W.. K. "Pete" Moore. Council members Clarence Barnett and Jack Sparling Absent. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER , - Council member Doty shared an article from the Vancouver newspaper discussing their transit system, Sea-Tran. II/ Council- member Buchanan questioned the status of Council's previous request to staff for a list of all City-owned . property. Mayor Carrnichael informed Council of a Car Seat Safety Task FOrce meeting February 28, 1983. , She indicated the Task Force would like to have a representative of the Council attend the *meeting, and asked if any Council member would like to attend the meeting. . • Mayor Carmichael informed Council she had received a letter from Ken Schiller, General Manager Of Cox Cable, inviting the Council to tour their offices on February 8, 1983. Following • discussion, it was the consensus of the Council to delay a tour of the offices until later in the year. City Manager Zais informed Council that due to the denial of the reclassification of the Transit Service Worker position by the City Council, the Civil Service Commission is requesting special legal counsel for an opinion pertaining to a Charter provision Which states a pay and classification plan shall be submitted to City Council for passage. City Manager Zais suggested meeting_with the Commission in Executive Session or hold a special Council meeting. It was the consensus of the Cbuncil to request the Civil Service Commission members attend the Study Session of February 1, 1983 for a possible resolution of the issue. 2. REPORT FROM COMMUNITY DEVELOPMENT REGARDING CABLE TV RATE REGULATION - City Manager Zais informed Council that Ken Sdhiller, General Manager of Cox Cable, has contacted him, indicating that he was unable to attend today's Council meeting. Mr. Sdhiller requested Council delay making a decision on this it for two _ weeks until he would be able to attend to comment on Cable TV rate_ regulation. John Beer, Jr., Director of Community and II/ ' Economic Development, informed Council that staff had prepared additional information on Cable TV rate regulation, per Council's r est of DeceMber 7, 1982. He turned the meeting . equ , over to Bruce Crest, Cable TV Coordinator. Mr. Crest introduced Carl Wikman, the newly_ hired Programming Coordinator. He reported that their office is now located at the Skills Center at the Yakima Valley Community College. Bruce Crest informed Council that Ken'Sdhiller had contacted . him by phone and indicated Cox Cable will be adding a $.50 monthly charge due to a copyright franchise fee. He indicated the additional charge will be in effect either by .March 1, or April 1, depending on their capability of mailing rate increase notices. Council member Doty questioned if the Court ruling regarding charging for a franchise fee had been made. Bruce, Crest indicated that the Copyright Tribunal has definitely decided to charge a copyright franchise fee. Bruce Crest expanded upon staff's report to Council regarding Cable TV Rate Regulation, stressing the fact that rate regulation applies only to basic subscriber services and does not affect pay services. * 37$ JANUARY 25, 1983 He discussed staff's recommendation, which included establishing the Utility Rate Advisory Board as the primary review body for cable television rate request. Council member Doty expressed her concerns regarding the added time element involved if the Utility Rate Advisory Board is designated as a rate regulation review canmittee. Council member Moore expressed his concerns about placing a burden on the volunteers of the Utility Rate Advisory Board and spoke in opposition to seeking rate regulation for Cable TV. Council member Beauchamp expressed his desire to have a procedure established which would allow Council to have the opportunity to review rates in some manner. Council member Moore suggested Council postpone a decision on this item until all Council members are present as well as Mr. Schiller, however, Council member Doty expressed her desire to make a decision on the item today. Betty Edmondson, 624 South 34th Avenue, was II/ present to speak on the issue of rate regulation for Cable TV. She urged the Council to direct staff to prepare the proper legislation to review rate structure and regulate as necessary. Craig Ackerson, Regional Manager, McCaw Cable, was present to request Council forego any action on this matter until Cox Cable and McCaw Cable could provide written material on the issue of rate regulation. It was MOVED by More that Council does not take any action on this issue until input is received fran Cox Cable and McCaw Cable. The Motion died for lack of a second. It was MOVED by Doty, seconded by Beauchamp to move Item No. 2 down to become Item No. 6A under the Business portion of the meeting. Carried by 4-1 voice vote. Moore voting nay. Barnett and Sparling absent. BUSINESS MEETING 3. ROLL CALL At 3:00 p.m., the Council members commenced the regular meeting, Mayor Carmichael presiding, Council members Beaudhamp, Budhanan, Doty and Moore and City Manager Zais and City Attorney Andrews present on roll call. Council members Barnett and Sparling absent and excused. 4. INVOCATION The Invocation was given by Council member Doty. 5. CONSENT AGENEA Mayor Carmichael referred to the its placed on the Consent Agenda, questioning whether there were any additions or deletions fran either Council members or citizens present. Council member Buchanan requested Items Nos. 16 and 18 be removed fran the Consent Agenda. It was the general consensus of the Council that the deletion of Items Nos. 16 and 18, as requested, he made. The City Clerk then read the Consent II/ 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. Barnett and Sparling absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one motion without further discussion.) 6. CURRENT STUDY SESSION ITEMS A. Item No. 2 It was MDVED by Doty, seconded by Beauchamp that we instruct staff to draft appropriate legislation to set in place a regulatory procedure. Council member Moore voiced his concerns in opposition to the City's participation in regulating rates. Council member Buchanan stated he had divided feelings about this issue, questioning if the Council has the expertise to regulate rates. Bruce Crest questioned if the Motion contains authorization for Items Nos. 1 and 2 of the staff recommendation. Council member Doty indicated that 3 JANUARY 25, 1983 the Motion did not specifically address staff's recommendation. City Attorney Andrews stated that the ordinance has to be specific, in that it should designate who would do the review process, the requirements involved and criteria for making the decision. He indicated that he assumed the motion included staff's recannendation and if this was not apprcpriate, Council needs to inform staff at this time. Council member Beauchamp stated he was in favor of Item No. 2 of the staff recommendation which would establish the Utility Rate Advisory Board as the primary review body for cable television rate regulation. Council member Budianan expressed his concerns regarding the existing auditing procedures, stating if a prcper job of regulation is done, an outside party is needed to have access to the company's 11/ accounting records. Bruce Crest indicated than an outside audit would cost additional money, however, this procedure could be done if Council so directed. The question was called for a vote on the motion. Carried by 3-2 voice vote. Buchanan and Moore voting nay. Barnett and Sparling absent. *7. MINIMS The Council minutes of December 9 and 13, 1982 were approved, having been duly certified accurate by two Council members and no one present wishing to have said mintues read publicly. 8. AUDIENCE PARTICIPATION Ines Rice, 4409 W. Arlington, was present to cannent on a recent article in the Yakima Herald-Republic which announced the Parks Commission is holding public hearings, January 25 and 26, 1983 requesting citizen participation regarding the Tahana Cemetery operation. She indicated that same of the options outlined in the article are not completely feasible. Mrs. Rice also cammented in opposition regarding her most recent water bill, which had reflected an increase in the water rate service. 9. HEARING ON A MAJOR MODIFICATION CF A PLANNED DEVELOPMENT AS RD)UESTED BY DR. D. A. HABECK This being the time fixed for a hearing on a major modification of a Planned Development located at 3502 Tieton Drive, as requested by Dr. D. A. Habedk, Council member Moore began discussion indicating he has two concerns. He questioned the procedure involved with issuing the original building permit, expressing his concern that the proper procedures were not adhered to. He also expressed his concerns regarding Dr. Habeck's non -compliance with the Planning Ccmmission's instructions to re-contact the neighbors who would be affected by this major modification. Council member Moore questioned why the Planning Commission did not 11/ follow up on this violation of the procedures by Dr. Habeck. Larry Wright, Assistant Director of Community and Economic Development, was present to respond to Council's questions, expanding upon the Planning Canmission's decisions. Council member Beauchamp questioned at the alternatives are if the Council does not approve Dr. Habeck's request for a major modification. Mr. Wright indicated Dr. Habeck would have to finish the roof exactly as it exists ncw. 'Mr. Wright provided background information on both the minor and major modification reguests. Council member Beauchamp questioned if the roof would be obstructing the neighbor's view if left at the present level. Thanas A. Dietzen, attorney representing Dr. Habeck, was present to speak in support of Dr. Habeck's reguest. He provided clarification of the work that was initially performed indicating that Dr. Habeck started to tear the roof off the building prior to Obtaining a building permit. He elucidated on Dr. Habeck's plans for the modification to the building. Mr. Dietzen explained Dr. Habeck has contacted both Mr. Brisky and Mr. Sanford since the last Council meting at which the first hearing was discussed, and indicated both Mr. Brisky and Mr. Sanford remain adamantly opposed to the major modification. Stan Sinclair, Selah, was 378 JANUARY 25, 1983 present to provide historical information regarding the building. He informed Council he had originally built the building, at Which time he applied for a permit to Change the zoning fran a R-3 Zone to a Planned Development. He indicated that at the time the ordinance was passed, there was no opposition to his zoning change request except a request for a privacy fence by the neighbor on the south side of the building. George Sanford, 424 So. 35th Avenue, was present to speak in opposition to the major modification. He distributed a picture showing the present status of the building. He addressed the zoning laws involved and stressed the need for "harmony" with the surrounding area in a planned development. Mr. Sanford then expanded on the building process, indicating the builder had begun building prior to obtaining a building permit. He expressed his views that approval of the major modification would destroy the view and privacy of the neighbors surrounding the building. Mr. Sanford distributed a letter dated 1/25/83 to Council from Ridhard and Patricia II/ Canstock, 324 North 25th Avenue, Who expressed their opposition to the major modification request, indicating they live across the street from Dr. Habedk's office building. They expressed their concerns of losing their view of Mount Adams if Dr. Habeck is allowed to add an additional roof to his present office building. Thomas Dietzen submitted a letter he had received fran Walter D. Dauber, attorney representing Mr. Marlan Brisky, regarding Mr. BriSky's opposition to the building construction. In conclusion, Mr. Dietzen summarized Dr. HabPck's request for a major modification at 3502 Tieton Drive. George Sanford requested his previous testimony at the Council meeting of December 7, 1982 be incorporated with his statement today and reiterated his opposition to the manner in which this planned development has been sought. Council member Moore asked Mr. Sanford if he was opposed to the existing roof structure. Mr. Sanford stated he "could live with it." Following a brief discussion, it was MOVED by Beauchamp, seconded by Doty to deny the major modification at 3502 Tieton Drives, as requested by Dr. D. A. Habeck. Mayor Carmichael asked City Attorney Andrews if it is necessary for eadh Council member to state the reasoning for their individual vote. City Attorney indicated this procedure was required. The roll call vote was taken, Moore voting aye, stating his reason being that the rights of the neighbors to protect their environment is primary; Beauchamp voting aye, his reason being based on the apparent deprivatibn of the neighbor's view; Buchanan voting aye, citing his reason being the same as stated by Council members Moore and Beaudhamp; Mayor Carmichael voting aye, citing her reason being the same as stated by Council members Moore and Beauchamp; Doty voting aye, stating her reason being the rights of the neighbors need to be protected. Unanimously carried by roll call vote. Barnett and Sparling absent. City Manager Zais inquired if Council would like staff to present a review of procedures and guidelines on the criteria in determining minor and major modifications. It was the consensus of the Council to accept the City Manager's suggestion. 10. REPORT FROM COMMUNITY DEVELOPMENT REGARDING PROPOSED ANNEXATION OF AREA EAST OF CITY LIMITS John Beer, Jr., Director of Community and Economic Development, was present to discuss staff's recanrrendation and provide background information to Council. He expanded upon the annexation moratorium for the area between 1-82 and the Yakima River along Terrace Heights Drive granted by the City in 1978 Which ended on March 31, 1982. Mr. Beer also informed Council that the Fairview-Sumac neighborhood was granted a three-year annexation moratorium by the City Council on March 4, 1980, indicating this action was superceded by the adoption of the Yakima Urban Area Plan Which established a five-year annexation moratorium policy for areas designated as Community Development Block Grant target areas by Yakima County. He discussed the possible annexation costs and benefits the City would incur if the annexation is approved. He stated an estimated cost of $10,000 would be required annually for JANUARY 25, 1983 379 maintenance of approximately two miles of streets in the proposed annexation area. Mr. Beer also informed Council that the $5.7 million taxable land and improvement value of the annexation area would generate approximately $63,000 in property taxes. He stated that the sales tax revenue would be substantial due to the major retailers in the area, however, staff is unable to verify a specific amount and that the sales tax revenue would not be available until 1984. He indicated the annexation effective date would be August 1, 1983, if approved by the Council. Council member Doty stated she would prefer that the City does not initiate this annexation, indicating she would rather to see one of the major business • entities initiate the annexation. Mayor Carmichael addressed the issue of the many people who have expressed their support of the annexation due to the benefits the City has to offer. John Beer informed Council he had contacted the major property owners in the annexation area and they have indicated they are all in agreement with the proposed annexation. Following discussion, it was MOVED by Moore, seconded by Beauchamp to accept staff's recommendation and initiate the annexation that is proposed. Council member Buchanan stated he would feel more comfortable to hear from the people affected. Ed Williams, Business Manager of Bob Hall's Sunfair Chevrolet, was present representing Bob Hall, Who is in favor of the annexation. Wayne Kalbfleisch, representing Central Pre-Mix, indicated he did not believe all the property owners were contacted. The question was called for a vote on the motion. Unanimously carried by voice vote. Barnett and Spading absent. *11. RESOLUTION AUTHORIZING THE EXECUTION OF A HOLD HARMLESS AGREEMENT WITH YAKIMA COUNTY FOR THE TRANSFER OP METROPOLITAN PARK DISTRICT FUND'S RESOLUTION NO. D-4767, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Hold Harmless Agreement with Yakima County. *12. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIRECT ADMINISTRATORS FOR ADMINISTRATION OF MEDICAL, DENTAL AND VISION INSURANCE BENEFITS RESOLUTION NO. D-4768, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Direct Administrators, Inc. *13. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CALIFORNIA STATE PERSONNEL BOARD RESOLUTION NO. D-4769, A RESOLUTION authorizing an agreement with the California State Personnel Board for the performance of technical personnel services. II/ *14. RESOLUTION AUTHORIZING THE SALE OF SURPLUS STREET SWEEPERS RESOLUTION NO. D-4770, A RESOLUTION authorizing the sale of surplus street sweepers. *15. DISPOSITION OF DAMAGE CLAIM RESOLUTION NO. D-4771, A RESOLUTION authorizing the payment of $100.57 to Neal Turner in settlement of a claim for damages filed with the City of Yakima. 16. RESOLUTION AUTHORIZING EXECUTION OF CHANGE ORDERS NOS. 15 & 16 TO CONTRACT NO. 5, SCHEDULE A OF THE WASTEWATER TREATMENT PLANT CONTRACT WITH PETER KIEWIT Resolution NO. D-4772, having been read by title, it was MOVED by Doty, seconded by Buchanan to adopt the resolution as read. Council member Buchanan requested clarification regarding Item No. 2 of Change Order No. 16, in which the City took delivery of 50 gallons of paint as part of the settlement. He expressed his concerns regarding the lack of Plant personnel 38 0 JANUARY 25, 1983 required to apply the paint. Jon Wiese, Sanitary Engineer, was available to. respond, providing detailed information regarding Change Order No. 16. Ines Rice, 4409 W. Arlington, was present to express her opposition to Change Orders Nos. 15 and 16, as uell as future change orders relating to future contracts, City Manager Zais explained that the Change Orders were part of the negotiation process in settlement of a dispute of a $1 million claim. The question ues called for a vote on the motion. Unanimously carried by roll call vote. Barnett and Sparling absent. *17. ORDINANCE AMENDMENT FOR YAKIMA MUNICIPAL CODE 1.78.010 RETAINED PERCENTAGE FOR PUBLIC IMPROVEMENT CONTRACTS ORDINANCE NO. 2666, AN ORDINANCE relating to local government administration; providing for a retained percentage fund applicable to public improvement contracts; and amending Section 1.78.010 of the City of Yakima Municipal Code. II/ 18. ORDINANCES ADOPTING 1982 UNIFORM CONSTRUCTION CODES AND UNIFORM FIRE CODE Fred Norton, Code Manager, distributed.copies of the November 2, 1982 Adoption of the 1982 Edition of Uniform Codes. Council member Buchanan questioned the changes involved regarding the ordinances. Following a brief discussion, it was MOVED by Buchanan, seconded by Beauchamp to table this item until next week 's Council meeting. Unanimously carried by voice vote. Barnett and Sparling absent. 19. OTHER BUSINESS Dennis Covell, Director of Engineering and Utilities, was present to distribute copies of a study ccmpleted by staff entitled, Evaluation of Irrigation Systems in HUD Area. City Manager Zais informed Council this study is a file reference document for Council's information. City Manager Zais corrected a statement he made recently at a Chamber of Ccmmerce meeting regarding projected 1982 expendibires. He indicated the projected 1982 expenditures will not be $250,000 as he had stated at the Chamber of Ccmmerce meeting, but ,will not exceed the original forecasted amount of $380,000. Mayor Carmichael requested Council's decision, regarding sending two delegates from the Council to the National League of Cities March Conference. Council member Doty expressed her reservations regarding the benefits received from attending the conference. Mayor Carmichael expanded on her past experiences with the National League of Cities, expressing her support regarding the City's participation in the Conference. Council member Buchanan stated his approval of the National League of Cities Transit Seminar held last year indicating all members of the Council ,would have benefited from that particular seminar. Following further discussion, it was MOVED by Beauchamp, seconded by Buchanan to send two Council II/ members to attend the March Conference of the National League of Cities. Carried by 3-2 voice vote. Doty and Moore voting nay. Barnett and Sparling absent. Mayor Carmichael announced she had recently received a telegram from the Wnite House inviting her to attend a reception on Friday, January 28, 1983. She stated that the cost incurred to attend the reception was minimal as she, City Manager Zais and Dennis Bertek, Sanitary Engineer, were traveling to New York on that date regarding the City's bond rating analysis by Standard & Poor's Corporation and Moody's Investors Service. JANUARY 25, 1983 381 INFORMATION ITEMS Items of information supplied to Council were: letter from Capitol Theatre Corporation giving notice to renew "Capitol Theatre Operating Agreement" 1/17/83; memo from Supervisor of Traffic Engineer to the Director of Engineering and Utilities regarding street light purchase 1/17/83; memo from Supervisor of Traffic Engineering to Director of Utilities and Engineering regarding Traffic Safety Committee 1/11/83; news release by Director of Community & Economic Development and the Cable Communications Coordinator regarding announcement of selection of Carl Wikman as the Community Programming Coordinator 1/14/83; monthly report from Chief of Police for the month of Eecember, 1983; minutes of December 8, 1982 me :: of the Yakima District Board of Health; minutes of January 10, 1983 meeting th eeting of the Parks & Recreation Commission, and the Council Calendar for February, 1983. 20. ADJOURN There being no further business to came before the Council, it was MOVED by Mbore, seconded by Buchanan that this neeting be adjourned at the hour of 5:40 p.m. Unanimously carried by voice vote. Barnett and Sparling absent. READ AND CERTIFIED ACCURATE By 4 4 DATEf5A cr 3 cou' ID 1: • , 41 , DATE,00 COUNCIL am - ATTEST: AiyytkeM CITY CLERK MAYOR