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HomeMy WebLinkAbout12/08/1981 Study Session DECEMBER 8, 1981 08 3 STUDY SESSION The City Council net in session on this date at 6:30 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Clarence Barnett, Henry Beaudhamp, Lynn Buchanan, Lynn Carmichael, Shirley Doty and Don Hinman. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Edmondson stated she has received a letter from Dolores Goodman, Chairman of the Human Relations Commission, advising that there is still a vacancy on the Commission. She advised that Mari-Lynne Kittelson has not attended any Commission II/ meetings. Mayor Edmondson stated that the Commission would like to be involv th ed in the selection of the next member. Mayor Edmondson stated she has written a letter to Irvin Lisle, appointing him as the City's representative on the City's Centennial Celebration Committee and he has accepted that position. Mayor Edmondson stated that during last week's Study Session discussion about the Southeast Community Center, she was remiss in not giving Mr. Smith the opportunity to speak because he had called, asking if there would be a decision made on that today and wanting an opportunity to speak. She stated that when this came before the Council, Mr. Smith was not given the opportunity to speak and she assumed that if he wished to speak before a vote was taken that he would have done so.- She asked the Council if they would like to give him an opportunity to address that at this meeting. Council member Doty stated that at least two Council members at the last meeting inquired if there was a representative from the Southeast Community Center wishing to speak and no one was present at that time. No further action or discussion ensued. Council member Beauchamp brought up for discussion the item in the Information packet regarding the request for endorsement of banning nuclear expansion, asking how the other Council members felt about it. Mayor Edmondson commented that she did not feel that the Council members should address matters that don't directly impact the City on a matter like this. 2. REPORT FROM POLICE CHIEF AND PERSONNEL OFFICER REGARDING THE POLICE CADET PROGRAM City Manager Zais stated that this report outlines what happened when the Cadet Program was presented to the regular Civil Service Commission. He stated that it is questionable whether or not the Civil Service Commission can reject this program from coming under their jurisdiction. Police Chief II/ LaRue reported the Civil Service Commission rejected the inclusion of the Cadet Program under their jurisdiction, which leaves the program at somewhat of a dead-end. He reported staff may go back to the Police & Fire Civil Service Commission to place this under their jurisdiction, however, he .did not feel it is an appropriate commission for the program. He stated that in the past, other cadet programs weren't under any Civil Service Commissions. Following discussion, it was MOVED by Buchanan, seconded by Doty to accept the report and proceed with Option One listed in the Staff Report. Following discussion, the question was called for the vote on the Motion. Unanimously carried by voice vote. Council member Doty requested that a meeting be scheduled to get together with the Commission and explain this option. 3. REPORT RE PROPOSED RATE INCREASE FOR COX CABLEVISION It was MOVED by Hinman, seconded by Buchanan to accept the staff report. Mayor Edmondson stated that she objects to the cost for the additional outlets being increased to $5 from $3. The question was called for the vote on the motion. Carried by 6-1 voice vote. Edmondson voting nay. P6L DECEMBER 8, 1981 4. EXECUTIVE SESSION It was MOVED by Hinman, seconded by Buchanan to move into Executive Session for the purpose of discussing pending litigation and property lease negotiations and invite the future Council members to attend this session. Unanimously carried by voice vote. BUSINESS MEETING 5. ROLL CALL At 8:00 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. 6. INVOCATION The Invocation was given by Council member Buchanan. 7. CONSENT AGENDA Mayor Edmondson 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 Barnett requested that It No. 20 he removed. Mayor Edmondson stated that there has been a request that Item No. 19-D be removed and she also requested that Item No. 8 be removed. It was the general consensus of the Council that the deletion of Items No. 8, 19-D and 20, as requested, be removed from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Hinman, seconded by Carmichael 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. MINUTES Mayor Edmondson referred to the minutes of the November 19th meeting stating it should reflect her absence from that meeting. It was MOVED by Hinman, seconded by Beauchamp that the minutes - of November , 17 and November 19, as corrected, be approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. Unanimously carried by voice vote. 9. AUDIENCE PARTICIPATION Mayor Edmondson presented an On Guard Certificate of Commendation to Fire Chief Ed Carroll for his apprehension of an individual while a burglary was in progress. John Klingele, 1312 W. Walnut, suggested that definitions of some of the items in the budget be given, i.e., services and charges and personnel services. Ines Rice, 4409 Arlington, inquired if there would be another opportunity to discuss the budget. Mayor Edmondson stated that the hearing on the budget and Revenue Sharing budget has already been conducted, however, her comments could be given at any time under Audience Participation. Mrs. Rice stated that she would like to have an opportunity without that limit of time. DECEMBER 8, 1981 085 10. PRESENTATION OF 1982 YAKIMA COUNTY HEALTH DISTRICT BUDGET BY DR. ROBERT ATWOOD Dr. Atwood gave a progress report of the design and study of the aquifiers that purifies the water supply for the people on the City's eastern boundary. Donna Parker, Yakima County Health District, distributed the 1982 Health District Budget and summary sheet for the year 1980, which she reviewed. The City of Yakima's assessment for 1982 will be $133,863, which is an increase of 7.572%. Mayor Edmondson thanked her for the report, which was accepted. 11. CONSIDERATION OF REZONE REQUESTED BY DENTAN ASSOCIATES, FOR PROPERTY LOCATED AT 401 SO. 13TH AVENUE (PUBLIC HEARING WAS HELD II/ NOVEMBER 3, 1981) Having been requested by a citizen, it was the general consensus of the Council to consider Item No. 21 after Item No. 11. Mayor Edmondson stated that Council had asked the applicant to go back and talk with the residents about this rezone and there is a letter regarding this in the Council packets. It was MOVED by Budhanan, seconded by Beauchamp to waive the requirement for the parking for this Planned Development and then it would not be necessary for a rezone. Mayor Edmondson expressed her concern about deleting the requirement for parking as this would set a precedent that would hurt our planned developments. City Attorney Andrews stated that this request would be to invite a violation of the City ordinance. Following discussion, Council member Buchanan withdrew his motion and Council member Beauchamp withdrew his second to the motion. It was MOVED by Hinman, seconded by Carmichael to deny the Planned Development. Council member Doty stated she would like our Planning Commission to undertake a study or exploration of that particular neighborhood with the thought that they would came back to Council with some recommendations. There is a strong need for medical facilities in that area, but the neighbors in that area have a strong need also. Council member Hinman commented that from the testimony at the hearing, the neighbors felt this was an intrusion into the residential area. He stated that if there is to be a rezone, it should be for the entire area and perhaps a sub area general plan would be good. Council member Buchanan stated that he will vote in favor of the rezone. Council member Beauchamp stated he will vote against the Motion but this is a difficult predicament with the neighbors on one side and the medical center on the other. He commented that with a growing city, these kinds of things are going to r happen. Council member Carmidiael stated that she will vote to deny the rezone because there is a drastic need for the planning work to be done in that area. Council member Doty II/ stated she will vote to deny the Planned Development and the e Planning Commission that ission should work on a plan for at general area to allow for the expansion of the medical center. Mayor Edmondson stated she would vote against the Motion. She commented that this development will be planned to complement the area and not all the citizens are opposed to this. The question was called for the vote on the Motion. Failed by 4-3 voice vote. Barnett, Beauchamp, Buchanan and Edmondson voting nay. It was MOVED by Beauchamp, seconded by Buchanan to approve the Planned Development for Dentan Associates. Carried by 4-3 voice vote. Carmichael, Doty and Hinman voting nay. It was MOVED by Hinman, seconded by Carmichael to request staff to request the Planning Commission to develop a sub-area plan for this area. Unanimously carried by voice vote. 21. RECONSIDERATION OF AN ORDINANCE IMPOSING TAXES ON UTILITIES (TELEPHONE TAX) Council member Beauchamp stated that there was sane discussion regarding the possibility Of raising the lid from $500 to $750. Don Horan, Director of Finance & Budget, stated that Cascade Natural Gas gave him an indication that it would bring 043 DECEMBER 8, 1981 in about $7,000 at a $750 lid. He stated a lid of $1,000 would bring in about $11,000 and for Pacific Power and Light, a $750 lid would bring about $45,000 and at $1,000 it would be about $65,000. Council member Barnett questioned some of the figures in the reports regarding the revenue to the City at 6.35% and 5.75% bringing in a plus balance over the proposed 1982 budget. Don Horan agreed, stating that at 5.75%, it would be $8,677 over the proposed 1982 budget and at 6%, no long distance calls, the revenue would be $62,859 over budget and at 6.25%, it would be $117,037 over budget. He stated that the telephone company representative had asked him if long distance calls were put in the staff recommendation, to advise Council that he objects. Betty Gridley, representing Citizens for Community Awareness, distributed a reammendation, which she read, requesting that the tax be raised to 7% and that the revenue from that extra 1% be used to finance a minimum of three police _officers for a Youth BUreau. She requested that those citizens in the audience in support of this request, please stand and approximately 15 citizens stood up. Keith Case, 217 S. 13th Ave.; Beverly and Ted Adams, 903 S. 23rd Ave.; Nona Schultz, 1317 Cherry; Helen Hinman, 4605 Scenic Drive; Herb Schmidt, 5204 Douglas Dr.; "Foster" Harry Jewett, 1403 S. 5th Ave.; Paul Schafer, 2606 Tieton Dr.; Anita Monoian, 1 No. 44th Ave.; Vince Nubling, 4301 Avalanche and Suzanne Farnsworth, 2201 S. 69th Ave. spoke in support of this .proposal. Mayor Edmondson stated that Del Stoutenberg had requested to speak to this matter, however, Mrs. Hinman stated that Mr. Stoutenberg had to leave. Ines Rice, 4409 Arlington, stated she also wants more police officers and fire fighters, however, she questioned if the revenue from this source could be dedicated to this purpose. Mayor Edmondson stated that Council can designate more police officers and fire fighters and the money to fund than is from the General Fund. Pete Moore, 1114 So. 28th Ave., stated he agrees with this proposal given by this citizen committee on what they are trying to accomplish; however, when you put an additional tax on electricity, gas and phone, you are putting it on the citizens. He stated there are a lot of people in this City that this additional burden may be very difficult for them. He asked Council to consider lifting the lid on this rather than hitting everyone with this tax. Ed White, Cascade Natural Gas, asked if the water and garbage is going to be taxed also, and stated that if Council is going to increase taxes, it should be on City utilities also in order to avoid inequity. Council member Doty expressed her concern regarding this tax. She stated she made a list of rates that Council is increasing in 1982 and it numbered 7 or 8 plus 2 or 3 others under consideration. Council member Barnett stated that in addition to those, the citizens will be facing an additional levy on the School bond issue and street light bond issue. He stated that we could cover the amount budgeted in the 1982 budget with a smaller percentage increase than staff recommended. City Manager Zais commented that in September, he felt that Council was regarding this as a new revenue source. It was MDVED by Beaudhamp, seconded by Carmichael to direct staff to prepare the proper legislation to approve a rate increase for the utilities mentioned, plus refuse at 1%. Mayor Edmondson commented that this would increase it from 5% to 6%. City Manager Zais stated that an amendment could be made to the ordinance to accomplish this. Following discussion, the question was called for the vote on the Motion. Carried by 5-2 voice vote. Barnett and Hinman voting nay. (Council number Hinman absent after 10:10 p.m.) Ordinance No. 2568 having been read by title, it was MOVED by Buchanan, seconded by Doty that the ordinance be passed. City Attorney Andrews stated that Section 2 of the Ordinance, amending 5.50.050 should be amended so that Sub-section A-1 would be changed so that January 1, 1982 would be February 1, 1982 and 5% should be Changed to 6% and in paragraph 2 of that Section, have the same changes made to it; on page two, paragraph 3, have the same changes made and also in paragraph 4; Section 4 on page three an amendment should be made so that DECEMBER 8, 1981 067 it reads February 28, 1982, and add one more month to the Savings Clause. It was MOVED by Doty, seconded by Beauchamp to amend the ordinance as outlined by the City Attorney to implement this on February 1, as outlined, for 6%. Carried by 5-1 voice vote. Barnett voting nay. Hinman absent. The question was called for the vote on the motion, as mended. Carried by 5-1 roll call vote. Barnett voting nay. Hinman absent. It was MOVED by Beauchamp, seconded by Carmichael to instruct staff to prepare the proper legislation to implement a 6% tax on the two refuse carriers, City of Yakima and Yakima Valley Disposal. Unanimously carried by voice vote. Hinman absent. 12. CHANGE ORDER FOR SOUTHEAST ODMMUNITY CENTER ODDE IMPROVEMENTS II/ ODNTRACT Council member Beauchamp excused himself from this discussion due to possible conflict of interest. Larry Wright, Acting Director of Community and Econcmic Development, reported that since the last neeting, negotiations were held with the contractor for a change order regarding sprinklering the stage instead of changing the stage, in the same amount of time. He recommended having the contractor install a sprinkler system. He stated that the price does not change, but the second page on the contract does not include the sprinklering. City Attorney Andrews stated that this was discussed after Council's action last week. He stated that it occurred to him that this change order may be looked upon by the State Examiner as enough of a substantial change in the original contract so that under his guidelines, it may be considered a new contract. He stated he intends to bring a resolution to Council declaring this an emergency and obtaining services without going out for bid. It was MOVED by Carmichael, seconded by Doty to ratify staff's reccrmendation on the change order to the contract for work at the Southeast Ccmmunity Center in the amount of $5,964.84, as outlined. Unanimously carried by voice vote. Hinman absent. Beauchamp not voting due to possible conflict of interest. 13. FINAL GRANT APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR 1982 Ines Rice, 4409 Arlington, inquired about the bio-mass conversion program, asking where the sludge would come from. Larry Wright, Acting Director of Community and Econanic Development, stated that one of the alternatives staff expressed is a potential for sludge disposal at the Treatment Plant was a bio-mass conversion facility. Mrs. Rice stated that she would hate for the City to get involved in that. Resolution No. D-4583 having been read by title, it was MOVED by Carmichael, seconded by Buchanan that the resolution be adopted. Discussion followed on the neighborhood steering II/ committee and the contingency fund. The question was called for the vote on the notion. Unanimously carried by roll call vote. Hinman absent. *14. 1982-1983 ODLLECTIVE BARGAINING AGREEMENT WITH AFSCME LOCAL 1122 RESOLUTION NO. D-4584, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a collective bargaining agreement for calendar years 1982 and 1983 with the Washington State Council of County and City Employees, Local 1122 of the Anerican Federation of State, County and Municipal Employees, AFL-CIO. *15. SALE OF STOCK OF YAKIMA VALLEY CABLEVISION, INC. RESOLUTION NO. Do-4585, A RESOLUTION approving the transfer of the controlling stock interest in Yakima Valley Cablevision, Inc. *1nadvertently omitted: RESOLUTION NO. D-4583, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an application with the United States Department of Housing and Urban Development for federal funding for a community development program. 068 DECEMBER 8, 1981 *16. CONFIRMATION OF APPOINTMENT BY THE COUNTY TO THE YAKIMA VALLEY REGIONAL LIBRARY The appointment of Marguerite Cain by the County to the Yakima Valley Regional Library Board was confirmed. *17. CONFIRMATION OF APPOINTMENT TO THE UTILITY RATE ADVISORY BOARD The appointment of James Daily to the Utility Rate Advisory Board, replacing Donna Barlow, was confirmed. *18. OUT OF STATE TRAVEL FOR JOHN MUNZANREEER AND CHARLES FOSTER FOR TRANSPORT OF REFUSE VEHICLES The out of state travel for John Munzanreder and Charles Foster, Public Works Department, to Woodland Hills, California to transport two refuse vehicles, was approved, at a cost of $100 each. *19. FIX DATE OF HEARINGS December 22, 1981 was set as the date of hearing on the following: a) Vacation of alley in the vicinity of 208 N. 23rd Avenue, as requested by Dorothy Borrell. b) Vacation of alley in vicinity of 1206-1210 Fairbanks, as requested by Mr. and Mrs. Vaughn. c) Outside Utility Agreement as requested by Lou Alderman for Sun West Subdivision, vicinity of South 76th Avenue and Midvale Road. 19.(d) FIX DATE OF HEARING Mayor Edmondson stated that she has received a request from the Mayer Corporation requesting that the hearing be held on January 5, 1982 and frail Mr. Bundy, the attorney representing the neighbors in the vicinity of the development, requesting that the hearing he held on January 12, 1982. It was MOVED by Budhanan, seconded by Beauchamp that the hearing on the rezone application requested by Mayer Corporation property located in the vicinity of 56th Avenue and Tieton Drive, known as the Tancara Subdivision, be set for January 12, 1982. Unanimously carried by voice vote. Hinman absent. 20. FIX DATE OF HEARING ON PROPOSED TRANSIT SCHEDULE REVISIONS Council member Barnett pointed out that the time for the hearing was set for 3:00 p.m. in the hearing notice and the 12th is an evening meeting. Mayor Edmondson stated that that was a typing error and it was noted by staff and will be corrected prior to publication. It was MOVED by Barnett, seconded by Carmichael to set the date of hearing on the proposed transit schedule revisions for January 12, 1982 at 8:00 p.m. Unanimously carried by voice vote. Hinman absent. *22. ORDINANCE PROHIBITING PARKING ON CENTRAL AVENUE ORDINANCE NO. 2569, AN ORDINANCE relating to traffic control; prohibiting parking at all times on certain streets within the City of Yakima; and amending Section 9.50:500 of the City of Yakima Municipal Code. DECEMBER 8, 1981 0 G 9 *23. ORDINANCE RE ADMINISTRATIVE ORGANIZATION ORDINANCE NO. 2570, AN ORDINANCE relating to City goVernment administration; specifying administrative departments and divisions and the functions thereof; designating duties of the City Manager, Assistant City Manager and department and division managers; and amending Sections 1.18.010, 1.18.015, 1.18.017, 1.18.030, 1.18.040, 1.18.050, 1.18.060, 1.18.070, 1.18.005 and 1.18.065; and repealing 1.18.020 and 1.18.062, all of the City of Yakima Municipal Code. *24. ORDINANCE APPROPRIATING MONIES FOR PAYMENT OF LEGAL FEES REGARDING THE CAPITAL THEATRE LITIGATION (SECOND READING) ORDINANCE NO. 2571, AN ORDINANCE amending the 1982 Budget for II the City of Yakima; and appropriating, transferring and re-appropriating money within and among various funds and accounts, all as appropriations for the 1981 City of Yakima Budget. ' *25. AN ORDINANCE APPROPRIATING FUNDS FOR SNU4PLOWS (SECOND READING) ORDINANCE NO. 2572, AN ORDINANCE amending the 1982 Budget for the City of Yakima, and appropriating money within 361-Airport Improvement Fund for expenditure during the year 1981. *26. ORDINANCE APPROPRIATING FUNDS WITHIN THE EQUIPMENT RENTAL AND REVOLVING FUND FOR 1981 EXPENDITURES (FIRST READING) An Ordinance appropriating funds within the Equipment Rental and Revolving Fund for 1981 expenditures, having been read by title only at this meeting, was laid on the table for one week or until December 15, 1981. 27. OTHER BUSINESS INFORMATION ITEMS Items of information supplied to Council were: staff report from Office of Environmental Planning re: Outside Utility Request by Chesterly Park Mobile Home Subdivision. 11/20/81; R. W. Beck monthly progress report for October, 1981; Yakima Fire Department Emergency Activity Report for the month of November, 1981; November 5, 1981, City Employee's Civil Service Commission; monthly report of Code Administration Office Activities for the month of November, 1981; and monthly report of Permit Center for the month of November, 1981. 28. ADJOURNMENT There being no further business to come before the Council, it was MOVED by Buchanan, seconded by Carmichael that this I meeting be adjourned at the hour of 10:35 p.m. to then meet on December 9, 1981 at 9:00 a.m. in the Council Chambers. Unanimously carried by ice vo e. Hinman absent. READ AND CERTIFIED ACCURATE BYti j4..1.44LAA.4.4( DATE 2- CO . L MEME351 17 ( 6 ?'"*: ',...{ '77-77:4: DATE ,le - a - 5 :2...„ COUNCIL MEMBER ATTEST: e / 44( , ,.. . i 0" if/ e A .---L__:=2zd CITY ii ,RK f f ' .YOR . . Inadvertently left blank. i '1