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.
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