HomeMy WebLinkAbout01/19/1982 Study Session JANUARY 19, 1982 097
STUDY SESSION
The City Coundil .met in session on this date at 1:15 p.m. at Fire
Station NO. 1, Front and "B" Street, Yakima, Washington. Council
members present were - Mayor Lynn Carmidhael, Henry Beauchamp, Lynn
Buchanan, Shirley Doty, Pete Moore and Jack Sperling. Council member
Clarence Barnett absent.
1. TOUR
The Council members toured the new Alarm Communications
Center.
II/ 2. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
The Council members reconvened in the Council Chambers of City
Hall at 2:15 p.m. There was discussion regarding the
beginning time of the next Study Session, Council member
Barnett inquiring if it could be delayed to accannudate the
Visitors & Convention luncheon that day. It was the general
consensus of the Council to schedule the Study Session to
begin at 2:00 p.m. on January 26th.
Shirley Doty stated that Nancy Abbenhaus asked her to find out
how the Council would feel about setting up a volunteer
bureau. She is looking for private funding to start this and
it would not take any tax dollars. It would be a matching
service, matching up people who have a certain skill with an
agency that needs that type of help. She wondered if Council
- would give her a letter to take to prospective contributors.
It was MOVED by Beauchamp, seconded by Doty to give a letter
of endorsement to support the establishment of a volunteer
bureau agency without any city dollars. Unanimously carried
by voice vote. It was the general consensus of the Council
that the letter will be sent by the Mayor.
Council member Sperling inquired about the latest news on
Republic. City Manager Zais commented that he has been
alerted by the media about a letter coming our way, but we
have not received it. He understands the Chamber is still
desirous of holding a meeting with the Chairman of the Board.
Mayor Carmichael relayed an invitation to Council from Cascade
Airways to attend a press conference on Thursday, January 21,
1982 at 8:30 a.m. to view their new HS748. She also reported
that Yakima Valley College will be hosting a breakfast at 7:30
a.m. in the Town & Gown Room tomorrow regarding foreign
students to let the community know about this program.
Mayor Carmichael circulated a letter from the Washington
Finance - Officers Association asking Council to consider
II/ passing a resolution endorsing their efforts to bring the 1989
annual conference of Municipal Finance Officers Association
and Canada to Seattle. She commented that this can be
discussed at another time.
3. CONSIDERATION OF PROPOSAL TO AMEND 1981 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM (Continued from 1/12/82 Meeting)
Bill Hays, Executive Director, Central Washington Home
Builders Association, stated that the results of a survey of
those involved in this profession, indicate that a 20%
reduction in this service would affect their work. He
encouraged the Council to maintain the current level of
service in this department, stating that the residential
contractors anticipate an up-turn in construction this Spring.
Ken Coffin, CDBG Manager, explained the program, stating that
they plan to use the enforcement of the Code to alleviate the
dangerous buildings prdblems. There was discussion regarding
the current construction situation within the City. Following
discussion, it was MOVED by Barnett seconded by Buchanan to
put this on the business agenda under Item 8-A and vote on it
at that time. Unanimously carried by voice vote.
098 JANUARY 19, 1982
4. CONTINUATION OF DISCUSSION OF clommrrrEE APPOINTMENTS (continued
from 2/12/82)
A. Wastewater Litigation Representatives
City Manager Zais stated that he spoke with Bob Gunter, the
City legal counsel, and we are in agreement that this is a
good idea if Council would like to appoint a representative or
two to attend briefings. Following discussion, it was the
general consensus of the Council that if the City Manager or
staff feel it would be advisable to have a Council member
present during one of these meetings, Council member Barnett
or Council member Moore could be contacted.
B. Clean Air Authority Delegate
City Attorney Andrews explained the state statute governing
this position stating that the Council may designate any
Council member it desires, but that appointment would be
subject to confirmation by the City Selection Committee.
Mayor Carmichael suggested that Council member Buchanan be
appointed as the .City's delegate. It was the general
consensus of the Council that Council member Buchanan be
appointed as the City delegate on the Clean Air Authority
Board.
BUSINESS MEETING
5. ROLL CALL
At 3:00 p.m. the Council members commenced the regular
meeting, Mayor Carmichael presiding, Council members Barnett,
Beauchamp, Buchanan, Doty, Moore and Sparling and City Manager
Zais and City Attorney Andrews present on roll call.
INVOCATION
The Invocation was given by Council member Doty.
6. CONSENT AGENDA
- Mayor Carmichael referred to the items placed on the Consent
Agenda, - questioning whether there were any additions or
deletions from either Council members or citizens present.
Council member Moore requested that Items No. 13 and 24 be
removed. Council - member Barnett requested that Items No. 18
and 26 be added, however, City Manager Zais stated that Item
No. 18 speaks to the formation of a' cormittee. Council member
Beauchamp requested that Items No. 21 and 23 he removed.
Council member Buchanan requested that Items No. 12 and 14 be
added, however, Council member Barnett requested that they
remain off the Consent Agenda. Council member Beauchamp
stated that he meant to remove Item No. 24 frcm the Consent
Agenda, not Item No. 23. It was the general consensus of the
Council that the addition - of Item No. 26 and the deletion of
Items No. 13, 21 and 24, requested be made. The City Clerk
then read the Consent Agenda items, including resolutions and
ordinances by title. It was MOVED by Doty, seconded by
Buchanan that the Consent Agenda as read, be passed.
Unanimously carried by roll call vote. (Subsequent paragraphs
preceded by an asterisk (*) indicate items on the Consent
Agenda handled under one motion without further discussion.)
7. HEARING ON ASSESSMENT ROLL FOR L.I.D. NO. 1031, 71ST AVENUE SEWER
DISTRICT
This being the time fixed for the hearing on the final assess-
ment roll for L.I.D. No. 1031, 71st Avenue Sewer District,
Mayor Carmichael stated that although this is a late addition
to the agenda, all the proper notification has been given.
Chris Perks, Office Engineer, gave a brief description of the
project. Council member Barnett questioned the inclusion of
the title "City Treasurer", in the ordinance when that
position no longer exists. City Manager Zais stated that the
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JANUARY 19, 1982
function has been combined in the Director of Finance & Budget
responsibilities, and this will be performed by him. He
stated that for future ordinances, it really should be changed
to reflect that responsibility. There being no citizen
present wishing to speak to this item, the public hearing was
closed. Ordinance No. 2586, having been read by title, it was
MOVED by Sparling, seconded by Buchanan that the ordinance be
passed. Unanimously carried by roll call vote.
ORDINANCE NO. 2586, AN ORDINANCE confirming the assessment
roll covering Local Improvement District No. 1031, as created
and established by Ordinance No. 2516 of the Ordinances of the
City of Yakima.
II/ 8. CONSIDERATION OF COUNCIL REPRESENTATION TO NATIONAL LEAGUE OF
CITIES CONFERENCE (Continued fran January 12, 1982 meeting)
Following discussion, it was MOVED by Doty, seconded by Moore
to not send anyune to the National League of Conference
convention.. Carried by 5-2 voice vote. Beauchamp and
Carmichael voting nay.
8A. CONSIDERATION OF PROPOSAL TO AMEND 1981 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
Following discussion regarding the distribution of the
function of time of this position in that office, it was MOVED
by Beauchamp, seconded by Doty to approve this request and
instruct staff to prepare the proper legislation as per the
staff recommendation. Carried by 4-3 voice vote. Buchanan,
Moore and Sparling voting nay.
9. APPEARANCE BY YAKIMA VALLEY DISPOSAL COMPANY RE CITY REFUSE SERVICE
Richard Wiehl, attorney for Yakima Valley Disposal, who sub-
mitted to the Council a detailed proposal to offer a contract
to the City to carry its refuse for both commercial and
residential service, stated that he doubts if Council had an
opportunity to consider it. He introduced the two new owners
of Yakima Valley Disposal Co. and indicated that they are
willing to meet with staff or Council at any time to discuss
this proposal. Council members briefly discussed this and it
was MOVED by Moore, seconded.by Sparling to turn this over for
study by a Council Committee and they, in turn, could contact
any interested people like AFSCME or the Chamber of Commerce.
Carried by 6-1 voice vote. Beauchamp voting nay. It was the
general consensus of the Council to continue the formation of
this committee for one week.
AUDIENCE PARTICIPATION
(-
Gini Heintzman was present to speak on behalf of the
II/
International Year of - the Disabled Person Committee,
requesting that the balance of the $1,000 allocated for use by
this Committee last year be continued for this year. It was
MOVED by Beaudhamp, seconded by Doty to instruct the Committee
to continue their work and to also continue the remaining
money allocated last year for the remainder of this year.
City Attorney Andrews stated that it would be necessary for
the committee to prepare a list of specific assignments and
items of work to be pursued and completed. Ms. Heintzman
agreed to do that. The question was called for the vote on
the motion. Unanimously carried by voice vote.
Mary Hersey, business agent for the AFSCNT Union employees,
stated that she just received a copy of the proposal from
Yakima Valley Disposal and she would like to have it on record
that there is one omission. They failed to mention the 1978
City election in which the voters rejected a proposal from
Yakima Valley Disposal and that is pertinent information. She
stated that AFSCME would like to have input to the Council
Committee.
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JANUARY 19, 1982
10. CONSIDERATION OF PROPOSED EXPANSION IN TRANSIT SERVICES (Continued
from 1/12/82 meeting)
Mayor Carmichael stated that she has received more cards,
letters and telephone calls. Willis White, Director of Public
Works, stated that staff put together additional information
for the Council regarding the breakdown of the costs for the
three different services in question, and he and Dan Newton,
Transit Manager, responded to Council's questions regarding
this information. Following discussion, it was MOVED by
Beauchamp to extend the trial period an additional 90 days and
make a final decision on whether we would continue the Sunday
and evening services at that time. City Manager Zais stated
that there was a Motion pending from the discussion last week.
Council member-Moore withdrew his Motion from last week. The
Motion died for lack of a second. It was MOVED by Beauchamp
to continue the evening service for a period of 90 days trial.
_ The Motion died for lack of a second. It was MOVED b)
Sparling, seconded by Doty to discontinue the evening service,
Following discussion, the question was called for the vote 01.
the motion. Carried by 5-2 voice vote. Beauchamp and.
Carmichael voting nay. It was MOVED by Moore seconded
Doty to continue the Sunday _service as a trial period fol
three months and look at it again. Unanimously carried by
voice vote. It was MOVED by Doty, seconded by Buchanan to
have a two night a week evening bus service trial period for
the next three months. There was discussion on when the
evening service would be discontinued for the other nights and
Dan Newton suggested that Feb. 5th be the date because Diamond
Cab has a 14 day notice for termination of evening service fa!'
the elderly and handicapped. The question was called for thc
vote on the Motion. Carried by 6-1 voice vote. Beaudhamr
voting nay.. It was the general consensus of the Council
discontinue that service from the 5th of February. mar
!Hersey, AFSCME Business Representative, stated that she har,
requested some information on the 13-C Agreement from AFSCME 's
International Union Representative in Washington, D.C. Sha
stated that because we are not certain whether the 13-C
agreement makes any distinction between temporary an(
permanent employees, she hopes to obtain sane factua
information.
11. CONSIDERATION OF TANCARA PROPOSED PLANNED DEVELOPMENT REZON
(Hearing held 1/12/82)
Mayor Carmichael stated that the hearing portion of this was
concluded last week and Council will not take any additional
testimony on this matter. It was MOVED by Sparling, seconde'
by Beauchamp that the recommendation of the Plannin.
Commission in its entirety with two exceptions of the 10-:,
number by increasing it from 30 to 71 on the proposed planne
development of Tancara and the side yard be changed from 73
foot to 5 foot. Council member Doty stated that that was noL_
one-of the three options given by the Attorney, which
confirmed. Following discussion on the Motion, the question
was called for the vote on the Motion. Failed by 4-3 roll
call vote. Barnett voting nay, stating that he felt bound by
the three alternatives that have been given by legal counsel.
Council member Beauchamp voted aye stating that the innovative
approach to this project is worth the effort and 71 units are
not excessive and the market will put the houses within tha
reach of the population who needs the housing. Council member
Buchanan voted nay, stating he supports the Planning
Commission recommendation. Mayor Carmichael voted nay
stating that she supports the Planning Commission
recommendation. Council member Doty voted nay, stating sha
doesn't entirely support the Planning COMMiSSiON
recommendation, but thinks the 71 units would make a density
figure that would exceed the final plan, which is 0-6 in thzt.
area. Council member Moore voted aye, stating there are 70
units in the middle of this complex surrounded by single
family units which protects the adjacent property and
secondly, speaking about traffic, he compared this to the
planned development at 56th and Summitview for Safeway Where
JANUARY 19, 1982 101
there had been experts of all kinds and there has not been a
traffic problem there and ultimately, there will be a 4 lane
road. Council member Sparling voted aye, stating he doesn't
think governmental forces can dictate a market and should not
interfere. It was MOVED by Doty, seconded. by Buchanan to deny
the Tancara Planned Development rezone and institute a rezone
of the Council requesting that 40 of the 71 lots be designated
for duplex, zero lot line construction. Following discussion
on the requirement for the developer to cane back if he
desires to build more units, the question was called for the
vote on the Motion. Unanimously carried by roll call vote.
City Attorney Andrews stated that there still needs to be
findings and conclusions for the denial and asked if the
reason for denial is that it is the hope of the Council that
this can be considered still for 40 units to be developed.
Council member Doty stated that this is part of the hope; the
other hope is that by going this route, we can speed up the
process. City Attorney Andrews stated that the same procedure
has to be followed. The one year waiting period that would be
required if the applicant is to apply for a rezone, would be
eliminated. Council member Barnett stated that this Council
does not know the implications of what will happen after it
takes a vote. He stated that he thinks the ANC legal counsel
or our legal counsel should prepare Council a document so we
know the consequences of our vote. City Attorney Andreas
stated there is a certain process that has to be followed when
a rezone is applied for. The rights of the applicant and the
rights of the surrounding property owners have to be taken
into consideration before granting the rezone. The same
procedure must be followed on the 40 lots as was followed on
the request for 102 lots or on the hearing for 30 lots. It
was MOVED by Beauchamp, seconded by Sparling to reconsider our
previous action on the denial of the rezone for the Tancara
Planned Development. Carried by 5 -2 voice vote. Doty and
Moore voting nay. Council member Sparling requested a second
_opinion on the three options available to Council. Council
member Doty commented that she doesn't know if the developer
would be better off if we went with the 30 lots that was
recommended by the Planning Commission than waiting for the
rezone of the 40 lots. Council member Barnett stated that
there was a discussion that the developer could cane back if
he got the 30 and then there was going to be a committee that
would oversee it and the people would be able to see what was
happening. City Attorney Andrews stated that that is a major
modification of the planned development which requires the
determination of the Council and requires the same process as
a rezone. The question was called for the vote on the motion
to deny the rezone and designate 40 lots for a rezone,
initiated by Council. Failed by 5 -2 roll call vote. Barnett,
Beauchamp, Buchanan, Carmichael and Sparling voting nay. It
was MOVED by Beauchamp, seconded by Sparling to uphold the
Planning Commission recommendation with the exception of the 8
foot requirement of the side yard be reduced to a 5 foot side
yard. Council maker Buchanan stated he will vote against
this on the basis that he voted against the first motion.
Carried by 5 -2 roll call vote. Buchanan and Doty voting nay.
12. JAIL OONTRACT WITH YAKIMA COUNTY (Continued from 2 -12 -82 meeting)
Council member Barnett requested an explanation of the
difference between the City and County costs. Police Chief
LaRue stated that the County has the responsibility for care
and custody of the prisoners. They are leasing back our
facilities and we are leasing back our utilities. Resolution
No. D -4607 having been read by title, it was MOVED by Moore,
seconded by Doty that the resolution be passed. Unanimously
carried by roll call vote.
RESOLUTION NO. D -4607, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute a jail agreement with Yakima County.
02 JANUARY 19, 1982
13. AGREEMENT WITH PACIFIC POWER AND LIGHT COMPANY FOR ELECTRICAL POWER
TO SERVE THE WASTEWATER TREATMENT PLANT
Council member Moore asked if this contract takes care of all
our needs at the Wastewater Treatment Plant and the
sprayfield. Dennis Bertek, Supervising Sanitary Engineer,
.replied that it will. Resolution No. D -4608, having been read
by title, it was MOVED by Doty, seconded by Moore that the
resolution. be passed. Unanimously carried by roll call vote.
RESOLUTION NO. D -4608, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute an agreement with Pacific Power and Light Company for
electrical power to serve the Wastewater Treatment Plant.
14. REPORT ON WATER METER INSTALLATION FEE INCREASE
Following discussion on the need for the increased fee to
cover the cost of- installation, it was MOVED by Moore,
seconded by Buchanan to request staff to prepare the proper
legislation to revise City Code 7.68.043 as recommended by the
Utility Rate ; Advisory Board. Unanimously carried by voice
vote.
*15. REPORT ON PROPOSED OBLIGATION OF FAUS FUNDS (Federal Aid Urban
System)
The report and recommendation was accepted to instruct staff
to proceed with obligation of FAUS Funds.
*16. FINAL CONTRACT PAYMENT POR L.I.D. NO. 1032, WEST SIDE BAPTIST
CHURCH SEWER DISTRICT
The report fray the Director of Engineering and Utilities
dated January 12, 1982, with respect to the completion of the
work on L.I.D. No. 1032, West Side Baptist Church Sewer
District, performed by Ironstone, Inc., was approved, the work
accepted and payment of the final estimates as therein set
forth was authorized.
*17. NOTICE OF PROPOSED COUNCIL RULE CHANGES (Discussed 1/5/82)
The notice of proposed Council rules changes was accepted.
18. STATUS REPORT ON SOUTHEAST COMMUNITY CENTER CODE IMPROVEMENTS
Larry Wright, Acting Director of Community and Economic
Development, reported that there is one less itan that has to
be done. As of today, the. sliding door should be in place.
He stated that there was instructions from the previous
Council to think about a Committee of the Council to work with
staff and the Southeast Community Center in the development of
some type of maintenance program. It was the general
consensus of the Council to accept the report. No further
action was taken.
*19. ORDINANCE DESIGNATING TIME OF REGULAR MEETINGS OF THE CITY COUNCIL
ORDINANCE NO. 2587, AN ORDINANCE relating to City government
administration; designating the time of regular meetings of
the Yakima City Council; and amending Subsection 1.06.010A of
the City of Yakima Municipal Code.
*20. ORDINANCE SPECIFYING FEES AND CHARGES POR PROPERTY AND SERVICES AT
TAHCMA CEMETERY
ORDINANCE NO. 2588, AN ORDINANCE relating to City funds and
accounts; specifying formulas for deriving rental charges to
be charged- by the Equipment Rental and Replacement Fund;
defining terms; and amending Subsection 3.15.030B and Section
3.15.040 of the City of Yakima Municipal Code.
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JANUARY 19, 1982
21. ORDINANCE SPECIFYING FEES AND CHARGES FOR PROPERTY AND SERVICES AT
TAHOMA CEMETERY
Council member Beauchamp expressed concern that these fees are
higher than the other cemeteries in this area, stating that it
will drive business away from the City. Following discussion,
and Ordinance No. 2589 having been read by title only, it was
MOVED by Buchanan, seconded by Moore that the ordinance be
passed and the effective date of February 20th be inserted
where appropriate. Unanimously carried by roll call vote.
ORDINANCE NO. 2589, AN ORDINANCE relating to public services
and utilities; specifying fees and charges for property and
II/ services at Tahoma Cemetery; and amending Subsection 7.04.090
(b) of the City of Yakima Municipal Code.
*22. ORDINANCE SPECIFYING THE AMOUNT TO BE PAID FOR ENDOWMENT CARE AT
TAHOMA CEMETERY
ORDINANCE NO. 2590, AN ORDINANCE relating to funds and
accounts; Specifying the amount of the charge to be paid to
the Cemetery Trust Fund for endowment care; and obligating the
City with respect to such fund and with respect to cemetery
maintenance; and amending Section 3.04.050 of the City of
Yakima Municipal Code.
*23. ORDINANCE ESTABLISHING PARKING TIME LIMITS ON CERTAIN STREETS
ORDINANCE 2591, AN ORDINANCE relating to traffic control;
limiting parking times on certain streets; amending Section
9.50.520 of the City of Yakima Municipal Code.
24. ORDINANCE ESTABLISHING PARKING FEES IN CERTAIN AREAS
Council member Beauchamp questioned if there would be enough
traffic volume to justify re-metering a street like 4th Street
from Lincoln to "D". Walt Feser, Customer Service Manager,
referred to a map indicating where staff is recommending the
replacerent of meters and those to remain at 10, and be
considered for elimination. Council member Moore stated he
will vote against a 25 meter charge because it would detract
from drawing business to the daRntown area. Council member
Barnett shared that many of the merchants that have meters
expressed their concern that this would drive their business
away. Mayor Carmichael stated that it costs a businessman
about $3,000 a year in the Valley Mall for maintenance of the
parking lots and comon area. She stated that 25 is still a
lot. The ordinance having been read by title, it was MOVED by
Barnett, seconded by Moore to not approve the Ordinance at
this time. Carried by 6-1 roll call vote. Doty voting nay.
11/ *25. ORDINANCE INCREASING IMPOUND FEES AND REDUCING HOLDING TIME FOR
IMPOUND ANIMALS
ORDINANCE NO. 2592, AN ORDINANCE relating to public safety and
morals; providing for the redemption or other disposition of
impounded dogs and other animals; imposing fees and charges;
and amending Subsection 6.20.110 A, 6.20.110 B and 6.20.110 D,
all of the City of Yakima Municipal Code.
*26. ORDINANCE APPROPRIATING FUNDS FOR EDA GRANT REIMBURSEMENT (FIRST
READING)
An Ordinance appropriating funds for EDA Grant reimbursement
having been read by title only at this time, was laid on the
table for one week or until January 26, 1982.
27. OTHER BUSINESS
BONNEVILLE POWER GRANT REQUEST
Larry Wright, Acting Director of Community and Economic
Developuent, requested Council's authorization for the City
Manager to ratify the grant application submitted to the
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JANUARY 19, 1982
Bonneville Power Administration by the of Yakima, Yakima
County, Washington State Energy Office and Washington State
Department of Natural. Resources for a potential project on
biomass geothermal progeneration at the Treatment Plant. He
stated we - are requesting approximately $248,000 from
Bonneville Power. Although no City are involved, we are
providing in-kind services by City staff, but staff is already
involved in that work anyway and up to $20,000 of staff time
next year has been committed to assist in this. It was MOVED
by Moore, seconded by Doty to authorize the City Manager to
ratify the signature of the application, as outlined.
Unanimously carried by voice vote. -
STATUS REPORT - LEASEHOLD TAX APPEAL
City Attorney Andrews stated that the City was assessed a
$33,000 leasehold tax assessment by the State 'Department of
Revenue. Pursuant to staff's request, the Council authorized
outside help on this to respond in the form of a petition and
appeal that assessment. Most recently there has been some
correspondence, which has not been analyzed, but is a response
by the State to the City's petition that indicates it is going
to be a more or less favorable determination for the City. He
stated that he does not have any details now.
City Manager Zais announced that his secretary, Mary Leenhouts
has announced her retirement effective March 1st. He stated
that she has hPen 19 years in that office and 21 years with
the City. He announced that Ila Cherrington will he coning
back to work for the City. She worked for the City
approximately 15 years before leaving some 31/2 years ago.
INFORMATION ITEMS
Items of information supplied to Council were: Memorandum
from Denny Covell, Director of Engineering & Utilities, from
Hank Hein, Traffic Engineer re Speed Limits - 16th Avenue -
Status Report; letter to Ken Toney, B. & M Advertising, from
Dan Neaton, Transit Manager re Ni Years Eve transit service;
COG News in Brief & A-95. 1/11/82; Yakima Air Terminal
monthly report to the City Manager for November, 1981; and
January 7, 1982 minutes of the Downtown Advisory Redevelopment
Committee.
27. ADJOURNMENT
There being no further business to curie before the Council, it
was MOVED by Moore, seconded by Buchanan that this meeting be
adjourned at the hour of 6:25 p.m. Unanimously carried by
voice vote.
READ AND CERTIFIED ACCURATE BY, , DATETis
, COUNCIL MEMBEr
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CITY ' RK MAYOR