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HomeMy WebLinkAbout11/03/1981 Study Session 016 NOVEMBER 3, 1981 STUDY SESSION The City Council met in session on this date at 1:00 P.M. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Clarence Barnett, Henry Beauchamp, Lynn Budhanan, Lynn Carmichael, Shirley Doty and Don Hinman. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Edmondson referred to the Council action of the previous week, re HB 749, which is giving cities the option of levying a ½ sales tax, and asked if they wished the Mayor to send a letter to our legislators asking them to support this measure. It was the general consensus of the Council that she send a letter. Council member Beauchamp inquired about the status of the refuse service, referring to the action whereby the route book and color code system were implemented. He asked if there has been any misuse, such as people not getting charged for the right amount of cans, etc., or if this system should be reviewed. City Manager Zais advited that a report will be made on the status of this system. The leaf pickup program was also discussed. Council member Beauchamp inquired about the business license program. He asked questions regarding follaa -through on delinquent licenses and on whether the City is getting all the new businesses. It was noted that this matter will be discussed on the regular agenda. Council member Carmichael reported that the Parks and Recreation Ccmmittee of the Council net regarding the Bob Larson recommendation, and based on the fact that the Parks Commission itself has not had any opportunity to consider this problem, the Committee would like to recomrtend to the full Council that this matter be turned over to the Park Commission for their reviea, and offer our assistance to them. After discussion, it was MOVED by Carmichael, seconded by Hinman that the matter of the Bob Larson recommendatiOn, be turned over to the Parks & Recreation Commission, with them to give a recommendation to the Council as a whole. Unanimously carried by voice vote. 2. BUDGET STUDY SESSION ON TOURIST PROMOTION AND CAPITOL THEATRE City Manager Zais explained that Tourist Promotion and Capitol Theatre have been in the office of the City Manager with Larry Wittenberg, Assistant City Manager as City Liaison, and will shift next year to the Community and Economic Development Department. TOURIST PROMOTION Larry Wittenberg explained that there are four service units in this department: Tourist Promotion, Yakima Center Management, Trolley and Insurance and Bonds. He reviewed the revenues and expenses in these units and answered questions from the Council. Les McNary, Manager of this department reported on the Yakima Center and Trolleys stating that the Trolleys have been the most profitable, that they are paying for themselves. It was not that there may be some repairs needed on these in the future for which there is no request for funds. There was discussion re roan tax received in 1980, projected for 1981 and expected in 1982. Assistant City Manager Wittenberg referred to the hand-out prepared by the Finance Director Don Horan regarding room tax distribution and Bond Fund Analysis and also the hand-out on Summary Statement re Tourist Promotion Fund giving revenues and expenditures for the Yakima Center and Trolley: There was discussion regarding the increase in City service charges as well as the need to set aside funds for presentations, certificates, plaques, etc., due to the lowering of the Mayor's salary, which previously covered these costs. NOVEMBER 3, 1981 017 CAPITOL THEATRE Assistant City Manager Wittenberg explained that this activity has two service units, Performing Arts Facility and Insurance and Bonds. By contract with the Capitol Theatre Corporation, the City is responsible for major upkeep and maintenance of this facility as well as fire, casualty and extended coverage insurance. The Capitol Theatre Corporation is responsible for administrative costs and daily operational expenses. It was noted that in 1980, the City Council approved a supplemental appropriation of $20,000 to assist the Capitol Theatre Corporation in making up a revenue shortfall, and the County provided $15,000. This was renewed in 1981 and again requested for 1982. These amounts have been budgeted fran II/ Room Tax source and total $47,250, which exceeds 1981's budget +7.0%. Mr. Wittenberg further explained that the support of Capitol Theatre operations via a management fee has been a year to year decision and suggested that this practice needs to be reviewed and a long range position established. Staff would be appreciative if some statement of policy could be made, whether this should be continued or not. 3. EXECUTIVE SESSION • There being no further discussion on these Budget items, it was MOVED by Hinman, seconded by Beaudhav to go into Executive Session re Collective Bargaining and prospective litigation. Unanimously carried by voice vote. BUSINESS MEETING 4. ROLL CALL At 3:00 P.M., the Council members Commenced the regular meeting, Mayor Edmondson presiding. Council members Barnett, BeauChamp, Buchanan, Carmichael, Doty and Hinman and City Manager Zais and City Attorney Andrews present on roll call. 5. INVOCATION The Invocation was given by Council member Hinman. 6. CONSENT AGENDA . Mayor Edmondson referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions fran either Council members or citizens present. Council member Barnett requested that Item No. 9 be removed from the Consent Agenda and Council member Beauchamp requested that Item No. 15 be added. It was the general consensus of the Council that the deletion of Item No. 19 and the addition 11/ of Item No. 15, as requested, be made. The City Clerk then the e Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Buchanan, seconded by Beaudiamp 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. MINUTES The Council minutes of September 22 and October 20, 1981, were approved, having been duly certified accurate by two Council members, and no one present wishing to have said minutes read publicly. 8. AUDIENCE PARTICIPATION Catherine Melford, 907 Central Avenue, submitted a petition to prohibit parking on the south side of Central Avenue from 6th Street to Fair Avenue. Mayor Edmondson stated that Council will take this under consideration. 018 NOVEMBER 3, 1981 Mayor Edmondson congratulated the Mount Hope Baptist Church on its 75th anniversary. She also proclaimed the week of November 8-14th as Radiologist Technicians Week. 9. HEARING ON ANNEXATION REQUESTED BY THE ESTATE OF MILDRED A. CAHOON This being the time fixed for the hearing on Petition No. 974 for annexation of property located in the vicinity of N. 48th Avenue and Webster Road, as requested by the Estate of Mildred A. Cahoon, J.S. Applegate, attorney for the Estate was present speaking in favor of the Rezone. The public portion of the hearing was closed. It was MOVED by Buchanan, seconded by Beauchamp to request staff to prepare legislation to follow the staff's and Planning Conmission's recommendation and that the annexation be approved and the property be zoned R-1. Unanimously carried by voice vote. 10. ,HEARING ON AMENDMENT TO THE FEDERAL FLOOD INSURANCE PROGRAM REGULATORY ORDINANCE This being the time fixed for the hearing on the amendment to the Federal Flood Insurance Program Regulatory Ordinance, Larry Wright, Acting Director of Community and Economic Development, stated that an amendment in the Ordinance needs to he made because an updated map has been received. This ordinance refers to a map dated July 15, 1981 and that reference should be changed to December 15, 1981. Larry Wright and Don Skone, Associate Planner, responded to Council's questions regarding flood proofing buildings. Gary Webster, Chamber of Commerce, questioned what the future ramifications would be as far as prospective industrial growth. Larry Wright stated that staff had expressed concern regarding the area around Boise Cascade and...the Corp of Engineers will probably be sending a new map for that area. He stated that the City has never had a real active flood - control program since 1975. It is required for the City to have an ordinance to control that area if we want to participate in this program. Mr. Skone indicated that it isn't too much of a problem to build above the flood line in the airport area. He stated that if we don't have this program, the City would not be eligible for any Federal funding. The public portion of the hearing was closed. Ordinance No. 2560 having been read by title, it was MOVED by Hinman, seconded by Doty that the Ordinance be passed. It was MOVED by Hinman, seconded by Carmichael to amend Section 11.58.050 A. in the ordinance to change the date of the map from July 15, 1981 to December 15, 1981. Unanimously carried by voice vote. The question was called for the vote on the ordinance, as amended. Unanimously carried by roll call vote. ORDINANCE NO. 2560, AN ORDINANCE relating to building, regulations; defining terms, adopting standards and requiring a development permit and providing for the administration of the standards and requirements for constructing in areas of special flood hazard and floodways; and enacting Chapter 11.58, "Flood Damage Prevention", and Sections 11.58.010, 11.58.020, 11.58.030, 11.58.040, 11.58.050, 11.58.060, 11.58.070, 11.58.080, 11.58.090, 11.58.100, 11.58.110, 11.58.120, 11.58.130, 11.58.140, 11.58.150 and 11.58.160 thereof, as a nee chapter and new sections of the City of Yakima Municipal Code. 11. HEARING ON REZONE REQUESTED BY DENTAN ASSOCIATES This being the time fixed for the hearing on the rezone of property located at 401 So. 13th Avenue, requested by Dentan Associates, Mayor Edmondson stated that. Council held a hearing on this on September 22, 1981 and referred it back to the Planning Commission. She reported that the Planning Commission returned it to Council with the same recommendation to deny the Planned Developnent. There was a brief discussion regarding the requirements for the parking lot for the size of the proposed building. Those citizens present speaking in favor of the rezone were Dr. Ben Hammett, 5011 Douglas Drive, NOVEMBER 3, 1981 018 Rod Knipper, Knipper Dunn Architects, and Dr. Tim Melhorn. Dr. Hammett spoke about the expected growth in the medical field, stating that most of the these physicians will want to locate around the Medical Center because of the availability of the ancillary services. He stated that space in this area that will accommodate a group the size he is associated with is hard to find. He stated they want to convert an older home to an attractive parking lot. Council member Beauchamp questioned him about the possibility of parking in the lot across from the proposed building. Dr. Hammett stated that it is not available and they can't be guaranteed parking there for a certain period. Mr. Knipper distributed a composite of the proposed parking lot. He stated that the real potential for growth of the Medical Center would be in the single-family II/ housing area. The Urban Area Plan does allow for parking associated with professional offices in this zone, provided the design problems are mitigated, which has been done in this instance. Dr. Melhorn reported that prior to the Planning Commission, Dr. Williams and himself canvassed the area and there were some people who expressed opposition to this development. He stated that if this proposal is denied, it just delays the inevitable because the Medical Center has to expand and this would be a logical area for expansion. Council member Doty expressed her concern that the doctors are saying they contacted the neighbors, yet the Planning Commission minutes reflect that a neighbor stated that out of 40 residences she contacted, 33 had signed the petition in opposition to this and indicated this was the first they had heard about it. She spoke about other rezones in which the neighbors and the developers were in disagreement, and those disagreements were resolved by getting together to share information. Council member Beauchamp stated he thinks there should be an alternative to solve the differences involved here. Dr. Melhorn stated that if this is not approved, they won't have a place to put that size a structure. Those citizens present speaking in opposition to the rezone were Joseph Ibach, 409 So. 13th Avenue, Pay Stitz, 407 So. 13th Avenue, Mrs. Case, 317 So. 13th Avenue, Judy Bedard, 316 So. 13th Avenue and Mark Porath, 404 So. 13th Avenue. Mr. Ibach commented that he was not contacted personally by the doctors. He commented that the doctors should have found out about the zoning before the property was purdhased. He stated he also should have inquired about the feelings of the neighbors before this property was purdhased. Asked how long he has lived in the neighborhood, Mr. Ibach stated that he has lived there since 1956. Asked if being contacted prior to this would have made a difference, Mr. Ibach stated it would have made a difference. Mr. Stitz commented that he was not contacted personally by the doctbrs. He stated that there is already increased traffic on 12th Avenue. - He stated that those professional offices on 12th Avenue look nice in the front but the back yards are a mess. He stated he is also II/ speaking for the lady who lives at 405 So. 13th Avenue who is m presently residing in California, but intends to move back in to her house. Asked how long he has lived in the neighborhood, Mr. Stitz stated he has lived there about 40 years. Responding to another question, he stated that if he had known about the rezone prior to the hearing notice, it might have made a difference. Mrs. Case, 317 So. 13th Avenue, explained how she found out about the sale of that property and the reason she gathered signatures on the petition opposing this development. The neighbors were really bothered because of the fact that this property was purdhased before any attempt was made to see how the neighbors felt about the rezone. Mr. Stitz stated he would like to withdraw his statement that it would have made a if he had had prior knowledge about the rezone. Judy Bedard stated she was not contacted by the doctors about this proposed development, or received written notice in the mail: She stated that the parking lot across from the development is not full. She commented that most of the people in the neighborhood have stated that they would not be so much against this if they knew what was going to happen in the future. If this area is going to be rezoned, do it all at once. Mark Porath stated 020 NOVEMBER 3, 1981 that it is up to their - architect to design a building to meet all the requirements on their property that is already zoned for that type of use. Dr. Hammett stated that there really isn't that much property within 300 feet that they could use for their parking lot. He stated that it is really difficult to ask for a rezone of property unless you awn it. He stated that Dr. Williams and himself held an open meeting in September and invited the residents in that area and 15 people were present. The public portion of the hearing was closed. Council member Beauchc4 commented that it is unfortunate that the project is_at this particular point where there has been a breakdown the doctors and the residents in terms of talking about what is needed for this type of project. He stated - he would like to see then get together and talk about this and see if they can work things out.. Council member Hinman expressed his opinion that he agrees with Mrs. Bedard about rezoning the entire area if' there is to be a rezone. He stated that a sub area plan is needed for this area to define the .area the Medical Center would be expanded. Following discussion, it was_MOVED by Beauchamp, seconded by Buchanan to postpone action on this particular rezone request and ask the doctors to meet with those residents to .come up with a recommendation which could include the possibility of a desired larger rezone or agreement on a proposed project, by December 8, 1981. Carried by 5 -2 voice vote. Doty and Edmondson_ voting. nay. There was discussion concerning the itent and clarification of the motion.. Mayor Edmondson suggested that the doctors contact the Planning staff for help. _ 12. STATUS REPORT ON POLICE CADET PROGRAM (Council member Hinman absent after 5:00 P.M.) Bob Weaver, Personnel Officer, summarized the changes in the program since the last report to Council. He reported - that the Cadet Program was initially for a two -year program, however, that is not legal, so that has been Changed. The Cadets will be selected, from the Police Officer register. Mr. Weaver responded to the Mayor' s questions regarding' the status of the Cadets for receiving medical, retirement- benefits and which Union the Cadets would be eligible to join. He explained that the Cadets would have the same medical "coverage as other City employees, and stated that it is possible they would have to became a member of the City Employees AFSCME Union. City Manager Zais stated there has been a lot of legal and administrative research connected with this program. Police Chief LaRue stated that the staff work 'has not yet been completed. He stated -that it should be completed in January 1982. Council member Carmichael stated that the Committee of the Council has spent a great deal of time on this and is willing to assist if they can. She stated that the Committee wants to see this program cane into being. It was MOVED by Beauchamp, seconded by Carmichael that the report be accepted. Unanimously carried by voice vote. Hinman absent. 13. REPORT ON WASTEWATER TREATMENT PLANT STAFFING Council member Buchanan suggested that this be discussed at the Budget Study Session this Thursday. It was the general consensus of the Council to continue this discussion during the Budget Study Session on Thursday. Council member Doty shared Ines Rice's concerns about this subject. She inquired about the the classification the sewer plant has and what that classification is based upon. Tan Day, Wastewater Superintendent stated that it depends on the complexity and capacity of this plant. He stated that it is determined by a point system that DOE has adopted and Yakima is in the tap rank. Council member Doty stated that Mrs. Rice's concern was that Yakima was in the same classification as Seattle and Tacoma. NOVEMBER 3, 1981 0 2 1 14. CONSIDERATION OF REQUEST TO INCREASE BUSINESS LICENSE FEES -Several Council members expressed concern regarding the request to increase the business license fees and the amount of the request. Lou Roederer, Code Manager, explained that instead of having one big increase every few years, he is budgeting smaller increases more frequently. Gary Webster, Chamber of Commerce, questioned if Council is satisfied that the system is accurate in determining the number of businesses in the city and whether the billing and collection process is accurate. He also questioned the calculations on which this increase was based. Mr. Roederer stated that this increase is for additional revenue the City needs. He reported on the process developed for follow -up for business licenses and checking for business licenses while the inspectors are in the field. It was MOVED by Beauchamp to table a decision on this until we get into the budget process and then make a - determination if it is necessary to do so. Mr. Roederer stated that the business license applications have to be mailed prior to the end of the year and it has to go to the printers first. Mayor Edmondson stated that the Motion died for a lack of a second. It was MOVED by to increase the business license fee, as recommended. The Motion died for a lack of a second. It was MOVED by Doty, seconded by Buchanan to not consider an increase in business license fees - - at this time. Council member Carmichael expressed her concern about the 10% increase, stating that it needs to be kept reasonable. Mayor _Edmondson - spoke in opposition to the Motion, stating that we need to use all our options to raise revenues in small increments each year. City Manager Zais suggested postponing this decision - one week until after Council has received their preliminary budgets and has the opportunity to lock at it. It was MOVED by Beauchamp, seconded by Carmichael to table the Motion until next week, - November 10, 1981. The Motion failed for lack of a majority vote. Barnett, Doty and Edmondson voting nay by voice vote. Hinman absent. The question was called for the vote on the previous motion. The Motion failed for lack of a majority - vote. Beauchamp, Carmichael and Edmondson voting nay by voice vote. Hinman absent. It was MOVED by Beauchamp to instruct staff to delay this for one week until we can corm up with a reduced amount of the proposed increase. The Motion died for lack of a second. It was the general consensus of the Council to continue this discussion at the next Tuesday Council meeting. *15. CONSIDERATION OF REQUEST FOR EXPERIMENTAL PROPANE CONVERSION TEST PROGRAM FOR A CITY VEHICLE The test program was approved, as recommended by staff in their memo dated October 6, 1981. 16. CHANGE ORDER NO. 11 FOR CONTRACT 5,' SCHEDULE A, WASTEWATER TREATMENT PLANT Council member Doty questioned the cost on Item No. 5, the light fixture and exhaust fan in bathroom. Jon Wiese, Sanitary Engineer, explained that the engineer had made a mistake and so the light fixture would not fit. A new fixture had to be purchased and modified to fit, which involved the work of four contractors. He stated - that the contractor initially wanted $2500 for this work. He reported that it is possible that this would be a reimbursable it because it was an error or omission of the contractor. It was MOVED by Carmichael, seconded by Buchanan that we reluctantly approve the Change Order. Carried by 5 -1 voice vote. Doty voting nay. Hinman absent. *17. GRANT INCREASE F1OR WASTEWATER TREATMENT PLANT CONSTRUCTION RESOLUTION NO. D -4573, A RESOLUTION authorizing the - application by the City of Yakima for a grant increase for Phase II construction of the Yakima Wastewater Project. 022 NOVKMBER 3, 1981 *18. DAMAGE CLAIM - ALLEN EPPERSON -- DEATH OF POULTRY DUE TO CITY WEED SPRAYING RESOLUTION NO. D-4574, A RESOLUTION denying the claim of Allen Epperson filed with the City of Yakima on October 7, 1981. 19. WRITTEN NOTICE OF PROPOSAL TO AMEND THE STANDARD MOTIONS AND RULES OF PROCEDURE OF YAKIMA CITY COUNCIL Council member Barnett stated that Section 5 of Ordinance 261 states that all meetings of the Council and Committees shall be open to the public. City Manager Zais ccmmented that the State open meeting lag was passed after the passage of the Charter and has precedent and does not have the requirement pertaining to committee neetings. It was MOVED by Barnett that on page STDC Kl in the first sentence of the second paragraph that the word "make" policy be changed to II/ "recanrrend" policy. The motion died for lack of a second. Following discussion, it was MOVED by Barnett, seconded by Beauchamp that on page STDC K3, that the word "determining" in the last sentence be changed to "developing". Unanimously carried by voice vote. Hinman absent. It was MOVED by Barnett that the staff develop and insert an appropriate section to make guidelines stating that meetings of the Canmittees of the Council shall be on to the public. The motion died for lack of a second. There was additional discussion regarding the open meeting law and the reference in the Charter. Council member 'Barnett stated that this is apparently advocating the use of the committee of the Council. He stated that this is an area where we have to be very careful or we could find outselves at a disadvantage about the intent of the Council. Council member Doty suggested that Council member Barnett give this idea a six month trial. Council member Barnett stated that after reading Ordinance 261, he might not serve on a Council Ccmmittee. John Klingele, 1312 W. Walnut, cemented that he attended meetings of the Council committees and suggested wording to the effect that prohibit these meetings fran being closed and not require a time limit for notice. Mayor Edmondson suggested that this be brought back after the first of the year when Council reorganizes itself. It was the general consensus of the Coucil to accept the Mayor's suggestion. *20. ORDINANCE PROVIDING FOR THE ANNEXATION OF PROPERTY, AS REQUESTED BY RALPH HOLM ORDINANCE NO. 2561, AN ORDINANCE annexing property to the City of Yakima and zoning said property. *21. ORDINANCE AMENDING THE 1981 BUDGET AND APPROPRIATING FUNDS RE: CIVIL SERVICE HEARING - FIRST READING An Ordinance amending the 1981 Budget and appropriating funds re: Civil Service Hearing, having been read by title only at this meeting, was laid on the table for one week or until November 10, 1981. II/ 22. OTHER BUSINESS SALE OF SOUTHEAST ODMMUNITY CENTER EQUIPMENT Larry Wright, Acting Director of Community Develcpnent, reported that there is a truck at the Southeast Ccmmunity Center that was purchased with Community Development Block Grant Funds. Council member Beauchamp excused himself fran discussion on this item, due to possible conflict of interest. Mr. Wright continued, stating that the program in which this truck was used, has been eliminated. He stated that he has an appraisal and an offer to purchase the truck fran the Public Works DepartMent. He cemented that the truck could be available to the S.E. Cc:immunity Center in the future should it be needed. Mayor Edmondson questioned if the $9,000 would go back to the Center. Mr. Wright stated it would go back to the Block Grant and staff has Council's direction. It was MOVED 0 2 3 NOVEMBER 3, 1981 by Barnett, seconded by Buchanan to take the action on the staff recommndation. Carried by 4-1 voice vote. Doty voting nay. Beauchamp not voting due to possible conflict of interest. Hinman absent. INFORMATION ITEMS Items of information supplied to Council were: copy of News Release re: 1981 Leaf Collection Program. 10/26/81; memo from Fred Andreas, City Attorney, re: Cable TV Rates. 10/29/81; memo from Del Kary, Street & Refuse Manager re: 1981 Christmas Decorations. 10/28/81; letter from Yakima Public Schools to City Traffic Engineer Hank Hein re: School Safety Crossings. 10/28/81; letter from Yakima Valley Bank to Ken II/ Coffin, CDBG Manager re: participation in City's block grant rehabilitation program. 10/26/81; article from Wall Street Journal dated October 1981 re: Transit Suppliers Face Rough time as Reagan Slashes Subsidies to Cities; and October 6, 1981 Planning Commission minutes. EXECUTIVE SESSION It was MOVED by Carmichael, seconded by Beauchamp to move into Executive Session and then adjourn the meeting, to then meet on Thursday at 1:30 P.M. at City Hall. Unanimously carried by voice vote. Hinman absent. 23. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at the hour of 6:45 P.M., to then meet on Thursday, November 5, 9:1 at P.M. at City Hall. A - READ AND CER 1 TIFIED ACCURATE BY DATE //- (' op A L MEMBER i ) f DATE )/- ss 'IcaL MEMBER ATTEST: 1 IF I 1 ' 1 3./thei - / 1 ,11-01-1.7 • CITY Ti. YOR, . „ 1