HomeMy WebLinkAbout05/31/1983 Special Meeting MAY 31, 1983 4 8 5
SPECIAL BUSINESS MEETING
1. ROLL CALL
The City Council net in session on this date at 2:00 p.m. in
the Council Chambers of City Hall, Yakima, Washington. Mayor
Lynn Carmichael presiding, Council members Clarence Barnett,
Henry Beauchamp, Shirley Doty, W. K. "Pete" Moore and Jack
Sparling and Assistant City Manager Wittenberg and City
Attorney Andrews present on roll call. Council member Lynn
Buchanan absent and excused.
2. INVOCATION
II/ The Pledge of Allegiance was led by Mayor Carmichael.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Mayor Carmichael referred to the recent bequest of $20,000
from the estate of Margaret Coffin Holmes to the City of
Yakima. She expressed her appreciation and commented Council
would need to give consideration to the manner in Which the
City would utilize the funds in accordance with Ms. Holmes'
request. Council member More express ed his desire to allocate
the funds to the Yakima Valley Museum or divide the funds
between the Yakima Valley Museum and the Yakima Valley Reg-
ional Library. Mayor Carmichael indicated Council would take
Council member Mbore's suggestions under consideration.
Council member Doty questioned if staff was planning to send
an acknowledgement and/or a thank you in response to the
bequest.
Mayor Carmichael informed Council of an invitation to attend
the Y's Men Club Conference on June 11, 1983 at 12:00 p.m.
She also informed Council of the Yakima Valley Community
College award ceremony to be held at the Student Resident
Center on June 7, 1983. Mayor Carmichael informed Council
Washington State University has conveyed Camp Welch to Educ-
ational School District 105 for the consideration of $1. She
indicated EE S 105 will be renovating the buildings and re-
quested a Council representative participate in the planning
process, which will be held June 8 at 9:00 a.m. in the EE S 105
building.
4. 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 to add Items Nos. 9 and 12.
Council member Doty requested to add Item No. 19 to the Con-
II/ sent Agenda. Steve Culbertson, citizen, requested Item No. 13
be removed from the Consent Agenda. It was the general con-
sensus of the Council that the addition of Items Nos. 9, 12
and 19 and the deletion of Item No. 13, 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 Beauchamp that the Consent Agenda, as read, be
passed. Unanimously carried by voice vote. Buchanan absent.
(Subsequent paragraphs preceded by an asterisk (*) indicate
items on the Consent Agenda handled under one motion without
further discussion.)
*5. MINUTES
The Council minutes of May 9 & 10, 1983, were approved, having
been duly certified accurate by two Council members and no one
present wishing to have said minutes read pUblicly.
4 8 •
- MAY 31, 1983
6. AUDIENCE PARTICIPATION
a. Appearance by Jim Whiteside regarding Yakima Greenway project
and City property.
Jim Whiteside,- Chairman of the Greenway Foundation, referred
to his presentation to the City Council last year Wherein the
Greenway Foundation was regtesting the , stewardship of the
City's landfill site. Mr. Whiteside stated that the Founda-
tion has resolved answers to the criteria the City had pre-
viously laid out regarding the transfer of stewardship and
indicated the Greenway Foundation would like to develop the
dumpsite into the Sarge Hubbard Riverfront Park. Mr. White-
side informed Council that the County had formalized a re-
solution Whereby the Foundation is applying for $150,000 in
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state funds. He indicated the Greenway Foundation will con-
tribute $100,000 towards the development of the Sarge Hubbard
Riverfront Park next spring. He referred to an architectural
sketch provided by the architectural firm, Williams & Webber,
expanding upon the proposed park. He indicated the Greenway
Foundation needs a positive action on the part of the City
Council giving stewardship of City property to the Greenway
Foundation. Discussion followed regarding maintenance costs
of the park wherein Mr. Whiteside stated the Greenway Founda-
tion will assume any maintenance and managenent costs incurred
with the park which is developed by the Greenway Foundation.
Mr. Whiteside referred to the need.of an agreement between the
Greenway Foundation and the City of Yakima Wherein the City
would retain the title to the property; but the Greenway
Foundation would be able to develop 'the property. Council
member Barnett requested Mr. Whiteside to address the alter-
native dump sites the City might use if the City grants this
request. Mr. Whiteside responded, informing Council of three
alternatives: 1) the County property located adjacent to the
freeway and the Moxee City Bridge; 2) Terrace Heights land-
fill; and 3) the abandoned landfill site at the top of the
Summitview grade. Council member Beauchamp questioned if each
of the three sites could be utilized by the City free of
dharge. Mr. Whiteside responded affirmatively. Council
member Doty expressed her desire to have a firm agreement with
the Greenway Foundation. Mr. Whiteside concurred, stating an
agreement would be compiled for the Sarge Riverfront
Park. City Attorney Andrews - questioned if there was a date on
the architectural drawing from Which he could refer. Mr.
Whiteside indicated May, 1983 was the appropriate date of the
Sketch. Council member Sparling questioned the total acreage
involved with the proposed park. Mr. Whiteside responded,
indicated 23.6 acres of City property would be utilized.
Council member Sparling questioned the possibility of a joint
agreement with the County involving the City's property dis-
cussed today and the County's landfill site over a period of
10 or 20 years. Mr. Whiteside stated the City would have use
of the three County landfill sites for as long as there is a
need by the City. City Attorney Andrews informed Council
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legal staff would bring back, for formal authorization, an
1 agreement between the City, County and Greenway Foundation
- regarding conditions for use of the Troperty. He indicated
Mr. Whiteside needs a confirmation of Council's response, in
motion form only, at this time. It was MOVED by Beaudhamp,
seconded by Sperling to grant permission to the Yakima Green-
way Foundation to develop the proposed site known as the
City's old landfill, according to the architectural drawing of
May 31, 1983. Council member Moore requested reassurance from
the legal staff regarding the City's authorization to utilize
the County dump sites as mentioned earlier by Mr. Whiteside.
City Attorney Andrews responded, indicating the agreement
would include the land use alternatives mentioned today. The
question was called for a vote on the motion. Unanimously
carried by voice vote. Budhanan absent: *
MAY 31, 1983 1 +87
7. HEARING ON THE APPEAL OF JERRY WHITE ON THE DENIAL OF ISSUANCE OF
TAXI DRIVER'S LICENSE
It was MOVED by Moore, seconded by Sparling to continue Items
Nos. 7 and 8 to be considered with other Executive Session
topics under Item No. 22. Unanimously carried by voice vote.
Budhanan absent.
*9. FIRE DEPARTMENT ANNUAL REPORT FOR 1982
The Annual Report for the Yakima Fire Department for the year
1982, was accepted and approved.
10. RESOLUTION AMENDING THE PARES AND AQUATICS FEE SCHEDULE
II/ Resolution No. D-4809 having been read by title, it was MOVED
by Moore, seconded by Beaudhamp to adopt the resolution as
read. Council member Doty requested further information
regarding the survey taken regarding swim rates. Jodi
Wrdblewski, Recreation Superintendent, was present to dis-
tribute and discuss the survey results. Council member Sparl-
ing questioned the effect if all pool fees were reduced to
$.25 from $.50. Dave Rhodes, Director of Public Works, res-
ponded to Council's questions. Mayor Carmichael expressed her
concern regarding the costs involved to operate Washington
Pool. Council member Barnett expressed his opinion that there
is sufficient evidence to justify a reduced fee schedule for
Washington Pool. Council member Beauchamp expressed his
support for reducing the fee rates City-wide. Council member
Doty questioned if reducing the swim fees is the answer to low
attendance at Washington Pool and stressed the importance of
having positive learn-to-swim programs actively conducted at
Washington Pool. The question was called for a vote on the
motion. Failed by 3-3 roll call vote. Doty, Carmichael and
Sparling voting nay. Budhanan absent. It was MOVED by Spar-
ling, seconded by Beaudhamp to reduce the fee to $.25 at
Washington Pool and all the other pools for the balance of the
summer. City Attorney Andrews informed Council the motion is
out of order as this is a special business meeting of the
Council, at which Council may consider, but may not make any
final dispositions on any matter that is not stated on the
agenda. It was MOVED by Spading, seconded by Beaudhamp to
request staff to prepare the proper legislation reducing the
rates at all public pools to $.25 for 1983. Council member
Moore stated his concern that a reduction in rates would not
effectively address the low attendance problem at Washington
Pool. Council member Doty spoke in apposition to the motion
as the 1983 Aquatics Budget has been prepared on the anti-
cipated income for the current fee schedule. Council member
Barnett expressed his opinion that it is essential to increase
the attendance at Washington Pool and felt the reduction of
rates would help that effort. The question was called for a
11/ vote on the motion. Failed by 3-3 voice vote. Doty, Car-
michael and Moore voting nay. Budhanan absent. It was MOVED
by Sparling, seconded by Moore for a reconsideration of the
vote on the original resolution. Carried by 4-2 show of hands
vote. Carmidhael and Doty voting nay. Budhanan absent. It
was MOVED by Beaudhamp, seconded by Moore to adopt the
re-
solution as previously read. Council member Doty questioned
if Council member Sparling agreed with her idea of the need
for a comprehensive learn-to-swim program. Council member
Sparling expressed his concern that it may be too late in the
year for such a program, however, it could be considered. The
question was called for a vote on the motion. Carried by 4-2
roll call vote. Carmidhael and Doty voting nay. Budhanan
Absent. (Moore temporarily absent after 2:55 p.m.)
RESOLUTION NO. D-4809, A RESOLUTION establishing an admission
fee to the Washington Park Swimming Pool for the 1983 season.
8 8 MAY 31, 1983
11. RESOLUTION DECLARING A PUBLIC NUISANCE
Resolution No. D-4810 having been read by title, it was MOVED
by Doty, seconded by Beauchamp to adopt the resolution. Fred
Velikanje, attorney, representing Jake, Frank, owner of pro-
perty at 24th Avenue and Nob Hill Boulevard, was present to
object to the passage of the resolution. Referring to a large
spill of thousands of gallons of gasoline by Tiger Oil Ccmpany
in the subsurface soils of the southeast corner of Nob Hill
Boulevard and 24th Avenue, Mr. Velikanje informed Council he
believed there was a matter of trespass - involved with this
issue and had advised his client to fill the well. City
Attorney Andrews informed Council the cooperative effort
between the City and Jake Frank over the past year in an
effort to recover the gasoline has diminished to the point
Where legal action to declare this situation a public nui-
sance, is necessary at this time. Tim Elisonda, representing
Fuel Recovery Ccmpany, informed Council of the dangerous
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situation Which currently exists and elaborated on the tech-
nical steps necessary to recover the gasoline beneath Mr.
Frank's property. Council member Beauchamp questioned Mr.
Velikanje why his client did not wish to have the problem
solved. Mr. Velikanje responded, stating Mr. Frank was not
concerned about the gasoline located beneath his prcperty as
the gas has been there for two years. (Moore present after
2:28 p.m.) Council member Doty questioned if there was a
possibility of the two parties meeting and arriving at a solu-
tion. Mr. Velikanje responded in the affirmative. Assistant
City Attorney Vanek explained staff had attempted to meet with
Mr. Velikanje and Mr. Frank, however, staff was informed by
Mr. Velikanje that the well would not be permitted on Mr.
Frank's prcperty unless the City could obtain the concurrence
of the other two tenants on the property and also compensate
for Mr. Frank's "losses." Discussion followed regarding the
work proposed by Fuel Recovery Ccmpany. Mr. Velikanje sug-
gested this item be tabled for one week. - City Attorney And-
rews expressed his concern about delaying this until the next
business meeting which will be three weeks. Council member
Moore questioned Mr. Velikanje if he and his client would be
willing to meet and -discuss the work prcposed by Fuel Recovery
Company. Mr. Velikanje responded, stating discussion could
take place, hcwever, he questioned what compensation Mr. Frank
would receive for allowing the well on his property. Bat-
talion Chief Berger was present to elaborate on the necessity
for the continued fuel recovery and urged Council to pass the
resolution today. Council member expressed her desire to
see a resolution to this problem rather than referring the
matter to court. Battalion Chief Berger reiterated an effort
was made to come to an agreerrent. with Mr: Frank by moving the
well to the far northeast corner of the lot, hcwever, they
could not arrive at an agreegent. (Clarence Barnett absent
after 3:49 p.m.) The question was called for a vote on the
motion. Unanimously carried by voice vote. Barnett and
Buchanan absent. Moore abstaining due to his absence during a
portion of the discussion. It was the consensus of the Coun -
Oil to continue discussion with all parties involved to arrive
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at a conclusion to this problem.
RESOLUTION NO. D-4810, A RESOLUTION declaring the sub-surface
concentration of gasoline at the property located at 1103 So.
24th Avenue and 1105 South 24th Avenue, Yakima, Washington to
be a public nuisance and ordering abaterrent.
*12. RESOLUTION CALLING FOR _A SPECIAL ELECTION ON A REFERENDUM PRO-
POSITION REGARDING THE ENACTMENT OF ORDINANCE NO. 2637 PERTAINING
TO REFUSE COLTECTION SERVICE
RESOLUTION NO. D-4811, A RESOLUTION providing for the sub-
mittal to the electors of the City of Yakima, Washington, at a
special election to be held in conjunction with the Primary
Election to be held on September 20, 1983, of a referendum
proposition as to whether Yakima City Ordinance No. 2637,
enacted September 21, 1982, shall be approved or rejected.
MAY 31, 1983 '+89
13. RESOLUTION AUTHORIZING CHANGE IN MEDICAL INSURANCE BROKER OF RECORD
A resolution authorizing a change in medical insurance Broker
of Record having been read by title, it was MOVED by Doty,
seconded by Beauchamp that the resolution, as read, be adopt
ed. (Mayor Carmichael temporarily absent after 3:50 p.m.)
Steve Culbertson, representing Fred S. James & Company of
Washington, was present to request Council consider Fred S.
James & Company for the City's Broker of Record for life and
medical insurance. He indicated Fred S. James Company held a
no-competition clause agreement with Ray Duerre of Ray Duerre
& Associates, as Mr. Duerre had previously worked for Fred S.
James. He stated that now Ray Duerre & Associates is merging
with Beard, Benth & Mendenhall, Fred S. James believes the
II/ no-competition clause is no longer valid. (Mayor Carmichael
so
present after 4:00 p.m.) Mr. Culbertson requested Council
delay this decision regarding a dhange in medical insurance
Broker of Record until Fred S. James & Company has the oppor-
tanity to fully present their services to Council in consid-
eration of designating the City's Brdker of Record. Mr.
Culbertson distributed brochures explaining the various ser-
vices provided by Fred S. James & Company of Washington.
Council member Beauchamp questioned the time element involved
with this decision. Assistant City Manager Wittenberg res-
ponded, indicating a delay of two or three weeks would not be
a major prdblem. It was MOVED by Moore, seconded by Beauchamp
to table the motion for three weeks time. Unanimously carried
by voice vote. Barnett and Buchanan absent. Carmichael
abstaining due to her temporary absence during this dis-
cussion.
*14. RESOLUTION DECLARING SURPLUS SALE OF MOTOR VEHICLE TO FIRE DISTRICT
#10
RESOLUTION NO. D-4812, A RESOLUTION authorizing the sale of a
surplus City-owned motor vehicle.
*15. FIX DATE OF HEARING
June 28, 1983 was the date set for the hearing for rezone of
property at Custer and Summitview Avenues from R-3 to Planned
Development, requested by Dr. Ronald Warninger.
*16. ORDINANCE APPROPRIATING FUNDS FOR FIRE DEPARTMENT FENCING PROJECT
(Second Reading)
An ordinance appropriating funds for Fire Department fencing
project having been read by title only at the previous meeting
was brought before Council for a second reading.
ORDINANCE NO. 2696, AN ORDINANCE amending the 1983 Budget for
the City of Yakima; and making an appropriation in the 332-
II/ Fire Capital Fund for expenditure during 1983.
*17. ORDINANCE AMENDING THE 1983 BUDGET TO FUND ADDITIONAL STAFF FOR
DATA PROCESSING AND FiNAKCE SETTLEMENT FOR PENSION LITIGATION
(Second Reading)
An ordinance amending the 1983 Budget to fund additional staff
for data processing and finance settlement for pension litiga-
tion having been read by title only at the previous meeting,
was brought before Council for a second reading.
ORDINANCE NO. 2697, AN ORDINANCE amending the 1983 Budget of
the City of Yakima; appropriating various amounts from un-
appropriated fund balance within various funds for expenditure
during 1983.
*18. ORDINANCE AMENDING THE 1983 BUDGET TO PROVIDE OPERATING FUNDS FOR
WASHINGTON POOL (First Reading)
The ordinance amending the 1983 Budget to provide operating
funds for Washington Pool, having been read by title only at
this meeting, was laid on the table for four weeks or until
June 28, 1983.
(4 n
MAY 31, 1983
*19. ORDINANCE RELATING TO STREETS AND SIDEWALKS; PROVIDING EXCEPTIONS
TO THE CLEARVIEW REQUIREMENT AT INTERSECTIONS
ORDINANCE NO. 2698, AN ORDINANCE relating to City streets and
sidewalks; restricting site view Obstructions at intersecting
streets; and amending Section 8.80.040 of the City of Yakima
Municipal Code.
20. ORDINANCE AMENDING THE FIREWORKS STAND FEES SCHEDULE
Ordinance No. 2699, having been read by title, it was MOVED by
Doty, seconded by Moore that the ordinance as read, be passed.
Mayor Carmichael questioned the maximum allowable fee for
fireworks stand permits. Fred Norton, Code Administration
Manager, responded, indicating $100 was the maximum fee.
Mayor Carmichael questioned if the proposed increase of $50
would be sufficient to cover 'costs for inspections of the
fireworks stands. Mr. Norton responded, informing Council the
$50 fee was determined following discussions with Randy Brown
of Red Devil Fireworks. Randy Brown, 303 No. 61st Avenue, Red
Devil Fireworks, informed Council he controls approximately
75% of the fireworks stands in Yakima and expressed his satis
faction with the manner in Which the City conducts inspections
of the stands. He referred to the $50 fee; indicating the fee
was determined from the anticipated costs to the City to
perform the inspections of the fireworks stands. Referring to
the manner in Which the payment of the fee is to be made, Mr.
Brown expressed his desire to make the full payment of $50 per
stand on June 15. He added that he would like to see more
enforcement regulations contained in the Ordinance. The
question was called for a vote on the notion. Unanimously
carried by voice vote. - Barnett and Buchanan absent.
ORDINANCE NO. 2699, AN ORDINANCE relating to fireworks re-
gulations; regulating the fees for fireworks permits; and
amending Sections 10.15.040, all of the City of Yakima Mun-
icipal Code.
21. OTHER BUSINESS
Assistant City Manager Witteriberg informed Council of an
interruption in irrigation services to customers on June 1 and
June 2 due to work being performed on the canals. He stated
the irrigation service would be back in - operation on June 3.
Information Items: Items of information supplied to Council
were: letter fran Halverson, Applegate & McDonald, Inc., P.S.
regarding bequest of $20,000 fran estate of Margaret Coffin
Holmes. 5/25/83; memo from the City Manager regarding Council
Pending Items. 5/24/83; article from May 1983 AMERICAN CITY &
COUNTY, "Court Says Yes to Residence Requirement"; article
from The Wall Street Journal, "Transit Funding For Fiscal '84
Voted by a House Panel"; article from D Magazine, "Editor's
Page"; article from 5/23/83 Nation's Cities Weekly, "IRS
Temporary Regs on Development Bonds"; invitation to attend
Annual Graduation Ceremony at O.I;C. 5/25/83; Council cal-
endar for June, 1983; brochure on Yakima' Regional Wastewater
Treatment Plant; minutes of 5/18/83 Yakima Center Advisory
Commission meeting; minutes of 5/18/83 Yakima Air Terminal
Board meeting; and minutes of 4/27/83 Traffic Safety Committee
meeting.
22. EXECUTIVE SESSION RMARDING COLLECTIVE BARGAINING AND PROSPECTIVE
LITIGATION
It was MOVED by Moore, seconded by Beauchamp to move into
Executive Session for the purpose of conducting two hearings
appealing the denial of the issuance of taxi drivers licenses,
request ed by Jerry White and Rodney Morton and discussing
collective bargaining and prosepctive litigation followed by
adjournment. Unanimously carried by voice vote. Barnett and
Budhanan abgent.
MAY 31, 1983 491
23. ADJOURNMENT
Following completion of the Exeutive Session, the meeting was
adjourned at the hour of :25 p.m.
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