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-
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co CIL 'MEMBER 7
AllEST:
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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