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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 09 ° 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. 1 00 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. 1 0 3 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 1 0 4 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 - CO: im 'MEMBER ATTEST: r , 00.A/NiwP_-kare0 CITY ' RK MAYOR