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HomeMy WebLinkAbout07/13/1982 Study Session 21[8 JULY 13, 1982 STUDY SESSION The City Council met in session on this date at 6:30 p.m. in the Council Chambers of City Hall Yakima, Washington. Council members present were Mayor Lynn CarmiChael, Clarence Barnett, Henry Beauchamp, Lynn Budianan, Shirley Doty, and W. K. "Pete' Moore. Council member Jack Sparling absent. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Doty suggested the Council set a definite date for the evaluation of the City Manager. After discussion, it was agreed to set the date for Tuesday, August 10, or Wed- nesday, August 11, with further information and material to be provided to Council in their packets on Friday of this week confirming the exact time and date. Council member Beauchamp questioned the staff regarding Franklin Park maintenance. City Manager Zais stated that considering the reduction in staff and temporary help being utilized he felt the main- tenance of all parks was being managed as well as can be expected. Council member Beauchamp further recomffended that staff monitor this problem and assure maximized usage of the parks maintenance personnel., City Manager Zais announced that John Fisher has been named permanent Wastewater Facilities Manager and that Mr. Fisher's former position of Wastewater Treatment Plant Process Control Supervisor will not be filled probably until the end of the year. 2. EXECUTIVE SESSION It was MOVED by Barnett, seconded by Buchanan to move into Executive Session for the purpose of discussing prospective litigation. Unanimously carried by voice vote. Sparling absent. 3. REPORT _FROM FINANCE ON GENERAL INSURANCE PROGRAM Don Horan, Director of Finance & Budget, introduced insurance agent Glen Williams of Conover Insurance, Inc. Mr. Willians introduced other representatives of Conover and further ex- plained his letter of July 6, 1982 previously provided to the Council. Both Mr. Williams and Mr. Horan answered questions and concerns expressed by Council members regarding current insurance coNerage, and specifically on the fleet. Also, Council member Beauchamp recommended that comprehensive re- . ports be provided to the Council on a more frequent basis, since this was the first time he had seen suds an extensive report furnished by Conover. It was MOVED by Buchanan, sec- onded by Doty to continue this discussion as part of the regular agenda under Item No. 8A. Unanimously carried by voice vote. Sparling absent. BUSINESS MEETING II/ 4. ROLL CALL At 7:30 p.m., the Council members commenced the regular meet ing, Mayor Carmidiael presiding. Council members Barnett, Beauchamp, Buchanan, Doty, Moore and City Manager Zais and Assistant City Attorney Vanek present on roll call. Sparling absent and excused. 5. INVOCATION The Invocation was given by Council member Barnett. 6. CONSENT AGENDA Mayor Carmichael referred to the items placed on the Consent Agenda, questioning whether there were any additions or dele- tions from either Council members or citizens present. Coun- cil member Barnett requested that Item No. 16 be removed from JULY 13, 1982 218 the Consent Agenda. It was the general consensus of the Council that the deletion of Item No. 16, as reguested, be made. The Acting City Clerk then read the Consent Agenda items. It was MOVED by Doty, seconded by Moore that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Sparling absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one notion without further discussion.) *7. MINUTES The Council minutes of June 29 and July 6, 1982 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 8. CURRENT STUDY SESSION ITEMS A. ITEM NO. 3 Neil Dickinsen, General Manager and Vice President of Fred S. James Company of Yakima, addressed the Council regarding his company's proposed insurance plan for the City in canparision to the City's existing coverage. Due to the volume of infor- mation provided to the Council by the insurance companies, the Council requested further tine be given to than to assimilate this information. It was MDVED by Budhanan, seconded by Beauchamp to postpone a decision on this matter for three weeks. Following further discussion, the question was called for the vote on the motion. Unanimously carried by voice vote. Sparling absent. PRESENTATION OF SPECIAL COMMENDATION OF APPRECIATION Mayor Carmichael presented an On Guard Certificate of Appreciation to Brian Regimbal and Wayne Moore for their efforts in attempting to save the life of a youngster who was in an accident by admin- istering CPR. A letter of comffendation by Mike Vowell, Community Relations Officer, accompanied the Certificate. 9. AUDIENCE PARTICIPATION None 10. HEARING ON PROPOSED CHANGES IN GARBAGE COLLECTION REGULATIONS PERTAINING TO BIN SERVICE This being the time fixed for the hearing on the proposed dnanges in garbage collection regulations, Mayor Carmichael explained to the audience that the proposed changes would not effect individual residential pick-up, only multi-family units in excess of four units and apartment complexes. The Mayor distributed letters she received concerning this natter to the II/ Council and mentioned specifically two phone calls; one from Mildred Hanson, who was in favor of the ordinance and did not believe the City should continue its current practice; and the other caller was Arden Prince, Who was against the ordinance and Objected to any outside bin service. The Mayor then called on those individuals who had requested an appearance. Those. citizens present Who were against the proposed ordinance and in general were in favor of the City continuing to provide bin service were Carl Berkley, 6 So. 55th Ave.; Larry Mathews, 805 So. 17th Ave.; Willie Boston, 804 So. 8th St., a City driver of bin service; Helen Hinman, 4605 Scenic Drive; Freda Laughlin, 214-216 N. 38th Ave., Donald Townsend, 801 E. "D" St,; and Mary Hersey, 1107 So. 31st Ave., Business Repre- sentative of AFSCME Local 1122. Ms. Hersey said she rec- ognized the legal complications involved; however, felt there was nothing that prohibited the City from being one of the competitors, and if the citizens want this service provided by the City, they should be given the right to do so. Those who had other comments to make were John Kabrich, 502 S. 4th St., who wanted to know how much it was costing the City to operate the bin service. City Manager Zais advised him that it was a break-even business for the City. Maud Scott, 309 So. 8th St., received not only the letter from the City, but also 22U JULY 13, 1982 received an unidentified, unsigned letter requesting attend- ance at this hearing and , made an open plea to please identify and sign all future letters. Those citizens present who were in favor of the proposed' ordinance were Howard Elofson, 3804 Richey Road, an attorney speaking on behalf of Lee Meling of Moses Lake, operator of Superior Refuse and Removal. Mr. Elofson stated his client was quite interested in engaging in removal and disposal of refuse in Yakima, and with the repeal of SeCtion 4.16.185 of the Yakima Municipal Code, this would permit his client to operate within the City limits; Mr. R. L. "Dick" Wiehl, 415 N. 3rd St., attorney for Yakima Valley Disposal, spoke in support of the ordinance with the exception of Section 6. Mr. Wiehl mentioned that the Council should have before them a position paper provided earlier this date. Mr. Wiehl also presented the Council with a "Petition Re Comnercial Bin Accounts to City Council Urging Private Car- riage", signed by bin customers in favor of the proposed ordinance. Mr. Wiehl discussed the recent U. S. Supreme Court decisions involving antitrust laws resulting in possible liability for the City, gave a brief summary as to the ser - vides and rates of Yakima.Valley Disposal, and responded to questions posed by Council. Also speaking in favor of the ordinance were Harold Hill, 2702 Clinton Way and Jean Owens, Rt. 5, Box 5080, Selah, who operated apartments in Yakima. The public portion of the hearing was declared closed. Coun- cil member Beauchamp said he was not in agreement with the City relinquishing its bin service, but felt the City was being left with little choice for legal reasons. Council member Doty agreed and requested further explanation from the Legal Departnent regarding the Supreme Court decisions. Assistant City Attorney Vanek stated the cases did not specifically deal with garbage collection; however, the City would be in violation of antitrust laws in two instances: if the City passed an ordinance eliminating all-competition, or if the City competes for the services, but competes in such a fashion as to create an unfair monopoly. Mayor Carmichael cautioned the Council that it should not act in a reactionary manner just because of a threat of a lawsuit and that the Council should consider this issue with great care. It was MOVED by Barnett, seconded by Beauchamp to postpone rendering a decision until next week's regular meeting. Unanimously carried by voice,vote. Sparling absent. 11. REPORT FROM FINANCE REGARDING 1982 SECOND QUARTER BUDGET STATUS Don Horan, Director of Finance & Budget, reviewed his report, recommending that this exercise should be performed each month in lieu of every six months. City Manager Zais said he had Surveyed other municipalities and that most felt comfortable if they cane within 5% of readiing their budget, and we are within 1% of our goal. It was MWED.by Mbore, seconded by Beauchamp to accept the report as pcesented. Unanimously carried by voice vote. Sparling absent. *12. APPROVAL OF RICET-CF-WAY USE PERMIT II/ Approval of a right-of-way use permit for Washington Juice Co., 115 W. "I" Street, was passed. *13. FIX DATE OF HEARING FOR MAJOR MODIFICATION OF PLANNED DEVELOPMENT July 27, 1982, was set as the date of hearing for major mod- ification of Planned Development located at Cornell Avenue and Nob Hill Blvd., requested by Fahric Land. *14. FIX DATE CF HEARING FOR REZONE OF PROPERTY LOCATED AT 40TH AVENUE AND SUMMITVIEW July 27, 1982 was set as the date of hearing for rezone of property located at 40th Avenue and Summitview requested by King Size Photo. JULY 13, 1982 221 *15. APPROVAL CF OUT-OF-STATE TRAVEL REQUEST FOR FIRE DEPARTMENT Out-of-state travel request for Chief Carroll, Fire Depart- ment, to attend the Western Fire Chief's conference in San Diego, CA, July 31-August 5, 1982 at a cost of approximately $825, was approved. 16. ORDINANCE SPECIFYING TIME OF MEETINGS OF THE CITY COUNCIL Council member Barnett ,expressed his concern regarding this i ordinance since it was n direct conflict with the meetings of the District Board of Health and asked if staff had researdhed the problem. City Manager Zais stated that any other tine would conflict with other boards and commissions using the Council Chamber facilities. Coun wa cil member Doty was contacted by John Klingele requesting the Council consider changing its evening October meeting to November to allow public input of the City's budget; however Mayor Carmichael stated she would prefer leaving the schedule as is, but hold a special meeting after the budget has been prepared for the purpose of public perusal. It was MOVED by Barnett, seconded by More that this ordinance be passed. Carried by 4-2 roll call vote. Barnett and Doty voting nay. Sparling absent. ORDINANCE NO. 2624, AN ORDINANCE relating to City Government Administration; designating the time for meetings of the Yakima City Council; and amending Subsection 1.06.010 of the City of Yakima Municipal Code. (Barnett absent after 10:00 17. OTHER BUSINESS City Manager Zais reported that the repair costs for Wash- ington Pool were under $10,000 since they were able to use voluntary help. Also, the Pool will be open Wednesday, July 14. Mr. Zais said he received a letter dated July 9, 1982 from the Chamber of Commerce requesting certain information be provided within 10 days regarding sewer rates. Mr. Zais felt , this was an unreasonable request and felt it would take approximately 30 days to respond. Also, all of their questions were addressed during open meetings with the Utility Rate Advisory Board. ITEMS OF INFORMATION Items of information supplied to Council were: letter from Perry Robinson regarding poor maintenance of Franklin Park. 7/8/82; memo from Transit Manager re: May, 1982 ridership and revenue. 6/23/82; bulletin from National Institute of Municipal Law Officers re: antitrust cases filed throughout the country. 6/30/82; program information and registration II/ form for the National League of Cities 1982 Congress of Cities seminar; monthly report from Police Department for June, 1982; monthly report from Permit Center for June, 1982; minutes of June 10, 1982 Board of Adjustment meeting; and Fire Department Emergency Activity Report for June, 1982. , . 18. ADJOURNMENT There being no further business to come before the Council, it was MOVED by Nbore, seconded by Beauchamp that this meeting be adjourned at the hour of 10:05 p.m. READ AND CERT' F I ED ACOJRATE BY Se.- CATE 00'A uNcil L AEMBER 4- ‹;:----'1 , 7 co CIL 'MEMBER 7 AllEST: , , ,J '° ' • / \,,I) , C . ,<A ic Do., ,,.._ ACTING CITY CLERK . . 1' ." MAY.' 221-A SPECIAL MEETING - JULY 15, 1982 The City Council met in session on this date at 1:30 p.m. in the Council Chanbers of City Hall, Yakima, Washington for the purpose of discussing prospect ive litigation. Council members present were Mayor Lynn Car- michael , Clarence Barnett, Shirley Doty, W. K. "Pete" Moore and Jack Sparling. Council members Henry Beauchamp and Lynn Buchanan absent. It was IVOVED by Sparl ing, seconded by Moore to move into Executive Session for the purpose of discussing prospective litigation and then immediately adjourn the meeting. Unanimously carried by voice vote. Beaucharrp and Buchanan absent. Fol lowing the ccmpletion of the Executive Session, the meeting was adjourned at the hour of 3:05 p.m. READ AND CERTIFIED ACCURATE BY -ePi 7 [ATE COUNp L EMBER DATE COUNCIL MEMBER ATTEST: / Cqirrirh_ OaAmy.t1),.‘ „e_ ACTING CI CLERK MAYOR