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
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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
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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
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41 , DATE,00
COUNCIL am -
ATTEST:
AiyytkeM
CITY CLERK MAYOR