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HomeMy WebLinkAbout12/14/1982 Study Session 342 DECEMBER 14, 1982 STUDY SESSION The City Council net in session on this date at 1:30 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Lynn Carmichael, Clarence Barnett, Lynn Budhanan, Shirley Doty, W. K. "Pete" Moore and Jack Sparling. (Council member Henry Beauchamp present after 1:55 p.m.) 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER None - 2. EXECUTIVE SESSION RE: PENDING LITIGATION It was MOVED by Buchanan, seconded by Moore to move into Executive Session for the purpose of discussing pending litigation. Unanimously carried by voice vote. Beauchamp absent. 3. PRESS CONFERENCE/A/VOUNCEMENT - City Manager Zais announced an out-of-court settlement between the City of Yakima and the Travelers Indemnity Company (surety for Mullen & Associates Construction Company) of all outstanding disputes, claims and lawsuits arising out of the construction rehabilitation project for the Yakima Wastewater Treatnent Plant in the amount of $4,350,000 as a full and ' ' complete settlement payable December 31, 1982. City Manager Zais indicated the City's portion of the settlement amount will be $3.1 million and will be funded initially through private short-term interim financing. The City has obtained the amount of $450,000 from the Harbor Insurance Company and the sum of $800,000 from R. W. Beck & Associates as co-defendent contributions toward the settlement. City Manager Zais indicated in order for the City to provide the necessary financing and security to private investors and prospective bond holders, the City's sewer rates will be increased 13.5% to meet anticipated debt service requirements. This increase will be in addition to the rate increase previously approved for 1983 by the City Council in December of 1981. City Manager Zais and Robert Gunter, attorney, responded to questions posed by the press. City Manager Zais announced Council will be enacting a resolution to authorize settlement of the litigation under the Business portion of the neeting. 4. REPORT FROM CITY ATTORNEY RE: REFERENDUM PETITION FOR REFUSE SERVICE Fred Andrews, City Attorney, informed Council that a petition filed with the City Clerk contained enough valid and certified signatures so as to invoke the referendum provisions of Article IV, Section 3 of the Yakima City Charter. II/ Accordingly, Ordinance No. 2637 is suspended from taking effect. City Attorney Andrews summarized the various options Council may choose in responding to the petition. Council member Doty questioned the time elements involved regarding putting the Ordinance on the ballot. Council member Barnett expressed his desire to see the City contact and engage an anti-trust attorney. Council member Doty stated she felt the citizens should know how much this type of service would cost. It was MOVED by Doty, seconded by Buchanan to move Item No. 4 down to become It 9A of the Business portion of the neeting. Council member Sparling suggested contacting other cities which have this similar type of problem and possibly cut costs through a joint filing process. City Manager Zais indicated that Yakima has a unique case. He informed Council of the need for legal assistance regarding zoning and private enterprise. The question was called for the vote on the motion. Unanimously carried by voice vote. 3 4 Q 0 DECEMBER 14, 1982 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, Sperling and City Attorney Andrews and City Manager Zais present on roll call. 6. INVOCATION The Invocation was given by City Manager Zais. 7. CONSENT AGENDA Mayor Carmichael referred to the items placed on the Consent Agenda, questioning hether there were any additions or deletions from either Council members or citizens present. Mayor Carmichael informed Council that Item No. 16 had inadvertently been left on the Consent Agenda and requested it be removed. Council member Barnett requested Item No. 12 be added and Council member Buchanan requested It No. 20 be removed from the Consent Agenda. It was the general consensus of the Council that the addition of Item No. 12 and the deletion of Items No. 16 and 20, as 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 Barnett 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.) *8. APPROVAL OF MINUTES OF ODUNCIL MEETINGS OF NOVEMBER 16, 17 and 18, 1982. The Council minutes of November 16, 17 and 18, 1982 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 9. CURRENT STUDY SESSION ITEMS A. It No. 4 Following a brief discussion regarding Item No. 4 of the Study Session, it was MOVED by Barnett, seconded by Beauchamp that the City of Yakima hire an anti-trust legal expert to be engaged by the City Council to discuss the matter relating to the possible litigation regarding refuse. Council member Doty questioned the cost involved if this is done. Council members Barnett and Beauchamp expressed their concern regarding the timeliness involved with this issue. City Manager Zais addressed the issue of cost involved regarding the hiring of an anti-trust expert. He indicated City Attorney Andres can come back to Council with a report on the alternatives of fees/attorneys and Council could then decide who they would like to hire and for how long. The question was called for the vote on the motion. Unanimously carried by voice vote. Following discussion, it was the consensus of the Council to receive a report from the City Attorney prior to hiring a legal consultant on this matter. B. Item No. 3 Resolution No. D-4745, having been read by title, it was MDVED by Moore, seconded by Buchanan to adopt the resolution. Unanimously carried by roll call vote. 10. AUDIENCE PARTICIPATION None 3 4 4 DECEMBER 14, 1982 11. APPEARANCE BY DIRECTOR OF HUMANE SOCIETY RE: FUTURE SITE FOR NEW ANIMAL SHELTER Doug Vawter, Director of the Humane Society, presented a report to Council regarding the organization's goals for 1983. His report outlined three areas of attention. They were: 1) People-Pet Partnership (establishing a visitation program for Senior Citizens); 2) Educational program for young people; and 3) the building of a new shelter. Doug Vawter was available to respond to Council's questions. It was MOVED by Moore, seconded by Doty, to appoint a three member ccymittee from the City Council to study the goals of the shelter and cane up with viable solutions. Unanimously carried by voice vote. It was MOVED by Barnett, seconded by Doty to appoint Council member Mbore as Chairman of the committee and also appoint Council members Beauchamp and Budhanan as members of the 11/ Committee. Unanimously carried by voice vote. *12. A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH YAKIMA COUNTY ON OUTSIDE UTILITY AGREEMENT REVIEW PROCESS RESOLUTION NO. D-4746, A RESOLUTION authorizing the Mayor and the City Clerk of the City of Yakima to execute a Memorandum of Understanding with Yakima County regarding Outside Utility Agreement Project Review. 13. PRESENTATION FROM CONFERENCE OF GOVERNMENTS ON PROPOSED 1983 BUDGET Robert Brandod, Director, Yakima Valley Conference of Govellmemts, provided a brief introduction of the proposed , 1983 Budget for the Conference of Governments (COG). It was MOVED by Moore, seconded by Beaudhamp to approve the 1983 Budget as proposed by OCG. Unanimously carried by voice vote. 14. REPORT FROM ENGINEERING & UTILITIES DEPARM4ENT RE: SLUDGE MANAGEMENT PROGRAM Council member Barnett raised the question on the definition of sludge. Dennis Bertek, Sanitary Engineer, was available to respond to Council member Barnett's question and gave a brief presentation on the Sludge Management Program. Council requested staff to prepare a report on sludge disposals and comparisions and relown,to Council with the results. Gary Gray, Consultant with Gary Gray & Associates, presented the Sludge Management Study, expanding on each of the suggested alternatives outlined in his report. Dennis Bertek provided samples of sludge, displaying the different phases involved with the processing of sludge. Mr. Bertek also provided pictures of other sludge processing plants for Council's information. Mr. Bertek then responded to Council's questions. Charlie George, Director of Environmental Health, Department of Ecology, was present to discuss the definition of sludge. Clair Pratt, Department of Ecology, was present to II/ address the constraints, permits and regulations involved with the use of sludge. Dennis Bertek responded to Council member Beaudhamp's questions regarding the element involved to initiate a plan for sludge management. Nace Patterson, P.O. Box 730, presented his suggestions and ideas regarding sludge management. It was MOVED by Doty, seconded by Moore to direct staff to implement Alternative No. 3 and, also, researdh alternatives on Page 2 of Table One, concentrating on Alternative No. 6. Discussion followed regarding the costs involved with implementing this plan. Council member Buchanan indicated he would have to vote nay on the motion, as he feels there has not been enough investigation done regarding local composters' interest for this project. The question was called for the vote on the motion. Carried by 4-3 vote vote. Barnett, Budhanan and Sparling voting nay. DECEMBER 14, 1982 345 15. REPORT FROM ENGINEERING & UTILITIES DEPARTMENT RE: FORMATION OF A TRAFFIC SAFETY COMMITTEE Council member Buchanan began discussion, expressing his concerns of the staff time involved regarding formation of a permanent Traffic Safety Committee. City Manager Zais informed Council of a Traffic Advisory Board, discovered in the Code Bodk, Which was created in 1967, and is not functioning at this time. It was MOVED by Budhanan, seconded by Doty to accept staff's report and request staff to investigate the list of names suggested in the report as possible appointees for the canmittee. (Mayor Carmichael temporarily absent after 4:55 p.m.) It was MOVED by Moore, seconded by Buchanan to amend the motion to authorize staff to prepare the proper legislation to eliminate the 1967 Ordinance setting up the Traffic Advisory Board. Unanimously carried by voice vote. Carmichael temporarily absent. 16. REPORT FROM ENGINEERING & UTILITIES DEPARTMENT RE: DEPARTMENT OF II/ ENERGY REQUIREMENTS It was MOVED by Doty, seconded by Moore to take the cost of the fish screening device from the Federal Revenue Sharing Fund rather than using irrigation funding for this purpose. Unanimously carried by voice vote. Carmichael temporarily absent. *17. REPORT ON 1982 YEAR-END BUDGET STATUS AND A RESOLUTION AUTHORIZING A LOAN FROM REVENUE SHARING FUND - CAPITOL THEATRE RESERVES FOR GENERAL GOVERNMENT OPERATIONS The report from the Acting Director of Finance & Budget dated December 14, 1982, regarding the 1982 Year-End Budget status, was accepted and approved. RESOLUTION NO. D-4747, A RESOLUTION authorizing a temporary loan from 199-Federal Shared Revenue Fund to 000-General Fund and 131-Parks and Recreation Fund, and providing for repayment. *18. A RESOLUTION AUTHORIZING EXECUTION OF A CITY/STATE AGREEMENT FOR DOWNTOWN SIGNAL PROGRESSION SYSTEM RESOLUTION NO. D-4748, A RESOLUTION authorizing and directing the Mayor of the City of Yakima to execute agreements with the State of Washington, DeparUnent of Transportation, for reimbursement of costs for synchronizing signals at various intersections within the City. *19. A RESOLUTION AUTHORIZING EXECUTION OF A RENTAL AGREEMENT FOR THE RESIDENCE LOCATED AT KIWANIS PARK. II/ RESOLUTION NO. D-4749, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a lease agreement with James Baker. 20. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR OFFICE SPACE FOR CABLE T.V. AT THE YAKIMA SKILLS CENTER Bruce Crest, Cable T.V. Coordinator, was present to expand upon the start-up requirements and costs related to the relocation of the Cable Communications/Cammunity Channel Office and staff to the Skills Center facility. (Mayor Carmichael present after 4:58 p.m.) Following a brief discussion, and Resolution No. D-4750 having been read by title, it was MOVED by Doty, seconded by Beauchamp to adopt the resolution. Carried by 5-2 roll call vote. Budhanan and Moore voting nay. RESOLUTION NO. D-4750, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a lease agreement with the Yakima School District No. 7. 3 DECEMBER 14, 1982 *21. A RESOLUTION OF INTENTION TO CREASE A LOCAL IMPROVEMENT DISTRICT - MODESTO SEER DISTRICT AND FIXING A DATE OF HEAPING FOR JANUARY 4, 1983 RESOLUTION NO. D-4751, A RESOLUTION of intention to create a local improvement district. *22. REQUEST BY AREA AGENCY ON AGING TO PROVIDE EMERGENCY HOME REPAIR SERVICE OUTSIDE THE COMMUNITY DEVELOPMENT BLOCK GRANT TARGET AREA. The staff report to recommend the City Council to authorize staff to work with the Area Agency on Aging to complete this project, was accepted. *23. TREASURY REPORT FOR NOVEMBER, 1982 II/ The report from the Acting Director of Finance and Budget dated December 14, 1982, regarding the investments of the City of Yakima, was accepted and approved. *24. APPROVAL OF FINAL PAYMENT FOR NACHES AVENUE PRUNING PROJECT The report from the Director of Engineering and Utilities dated December 14, 1982, with respect to the completion of the work on Naches Avenue Pruning, performed by Professional Tree Service, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *25. AN ORDINANCE APPROPRIATING FUNDS TO THE EQUIPMENT RENTAL FUND. (SECOND READING) An Ordinance appropriating funds for payment of equipment rental bills, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 2654, AN ORDINANCE amending the 1982 Budget for the City of Yakima and appropriating money within various funds, all as appropriations for the 1982 City of Yakima Budget, 26. OTHER BUSINESS It was MOVED by Moore, seconded by Beaudhamp, to request staff to arrange a meeting with the four District Court Judges for the purpose of discussing possible lawyers regarding indigent legal defense. Unanimously carried by voice vote. (Council member moore absent after 5:00 p.m.) It was MOVED by Barnett, seconded by Beauchamp that Council member Buchanan be partially reimbursed in the amount of $206.76 for expenses incurred while attending the National League of Cities Conference in Los Angeles. Carried by 5-1 II/ voice vote. Council member Doty voting nay. Council member Moore absent. INFORMATION ITEMS Its of Information provided to Council were: memo from Superintendent of Water Division re: Problem at Washington Juice Plant. 12/3/82; memo fran Director of Public Works re: Special Transit Service. 12/9/82; memo from Street & Refuse Manager re: 1982 Christmas Decorations. 12/9/82; letter fran Supervising Traffic Engineer to Mrs. Jean Colasurdo re: Street Lights - Petition No. 992. 12/6/82; article fran the 12/3/82 Wall Street Journal re: "Regan Bid to End Transit Operating Aid May Be Frustrated by Congressional Plan"; article fran the 12/2/82 Los Angeles Times "City Speechless at Court Award"; minutes of November 4, 1982 City of Yakima Civil Service Commission meeting; and minutes of November 2, 1982 City of Yakima Planning Commission meeting. DECEMBER 14, 1982 27. ADJOURNMENT There being no further business to come before the Council, it was MOVED by Budhanan, seconded by Sparling that this meeting be adjourned at the hour of 5:10 p.m. Unanimously carried by voice vote. (Mbore absent) READ AND CERTIFIED ACCURATE BY /4 DATE f Ee F2 COUNCI MEMBE 11 A „Aro I -4 A ;44 AA DATE a- ' SS Noir R ATTEST: ; CITY CLERK or.t?iviAzAkcce MAYOR 1