HomeMy WebLinkAbout04/12/1983 Business Meeting L. 33
APRIL 12, 1983
BUSINESS MEETING
1. ROLL CALL
The City Council met in session on this date at 6:30 p.m. in
the Council Chambers of City Hall, Yakima, Washington, Mayor
Lynn Carmichael presiding. Council manbers Clarence Barnett,
Lynn Buchanan, Shirley Doty, and W. K. "Pete" Mbore and
Assistant City Manager Larry Wittenberg and City Attorney
Andrews present on roll call. Council members Henry Beauchamp
and Jack Sparling present after 6:40 p.m.
2. INVOCATION
The Invocation was given by Mayor Carmichael.
3. omsENT
Mayor Carmichael 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 Items Nos. 8 and 20 be added
to the Consent Agenda. Council member Buchanan requested Item
No. 20 remain off the Consent Agenda, however, following a
brief discussion, it was the consensus of the Council to add
It No. 20 to the Consent Agenda. Council member Barnett
requested Items Nos. 19, 21b and 26 be deleted fran the
Consent Agenda. Council member Doty requested Items Nos. 24
and 28 be deleted and Council member Budhanan requested Item
No. 13 be deleted from the Consent Asenda. Ines Rice,
citizen, requested Items Nos. 18 and 19 be deleted fran the
Consent Agenda. It was the general consensus of the Council
that the addition of Items Nos. 8 and 20 and the deletion of
Items Nos. 13, 18, 19, 21b, 24, 26 and 28, as requested, be
made. The Deputy City Clerk then read the Consent Agenda
items, including resolutions and ordinances by title. It was
MOVED by Doty, seconded by Moore 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.)
Council member Barnett requested that Council address Items
Nos. 9 and 12 following Audience Participation. Mayor
Carmichael stated that Dr. Starr, Superintendent, Yakima
School District No. 7, had requested Item No. 10 be discussed
following Audience Participation. Council member Barnett
suggested Items Nos. 9, 10 and 12 be addressed in that order
following Audience Participation.
Mayor Carmichael addressed representatives from the Capitol
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Theatre in the audience, informing them Council was very
satisfied with the Capitol Theatre Annual Report, which was
the purpose for placing the item on the Consent Agenda. She
inquired if they wished to add any contents or had any
questions for Council, of Which they indicated they did not.
Mayor Carmichael thanked than for attending the meeting.
Discussion followed regarding setting an adjournment time for
the meeting due to the numerous item on the agenda. It was
MOVED by Budhanan, seconded by Moore that Council plan to
adjourn at the hour of 9:00 p.m., to be sure to address those
citizens/staff that have attended the meeting to speak to any
of the particular items and postpone those items not reached
by the adjournment hour. Council mother Doty expressed her
concerns that a 9:00 p.m. adjournment would not be an adequate
amount of time and suggested 10:00 p.m. as an adjournnent
hour. Council member Moore stated he preferred to adjourn at
9:30 p.m. It was MOVED by Budianan, seconded by Moore to
anend the notion to adjourn the Council meeting at the hour of
9:30 p.m. The question was called for the vote on the motion.
Failed by 3-4 voice vote. Barnett, Carmichael, Doty and
Sperling voting nay. Discussion followed. It was MOVED by
Beauchamp, seconded by Doty to amend the main motion to
434 APRIL 12, 1983
adjourn the Council meeting at the hour of 10:00 p.m. Carried
by 6-1 voice vote. Sparling voting nay. The question was
called for a vote on the main motion. Carried by 6-1 voice
vote. Sparling voting nay.
*4. MINUTES
•
The Council minutes of February 15 and 22, 1983 and March 1,
8, 15 & 22, 1983 were approved, having been duly certified
accurate by two Council members and no one present wishing to
have said minutes read publicly.
5. AUDIENCE PARTICIPATION
John Klingle, 1312 W. Walnut, was present to address a
forthcoming report from staff regarding. revised City traffic
codes. He urged Council to process this report in a timely
manner.
Ines Rice, 4409 W. Arlington, was present to express her •
approval of Council's action to determine a reasonable
adjournment time,-hcwever, she spoke in opposition to the
voluminous agenda for this eveninO's meeting.
.
ced
V
. . l
n
Hanson. He i
COuncr1% gn7g
was previously the FinancerDirector of Cowlitz County. Mayor
Carmichael welcomed Mr. Hanson to the City of Yakima.
9. REPORT ON CLEARVIEW TRIANGLE AT INTERSECTION OF TIETON DRIVE & 32ND
AVENUE
Leonard Crcse, 3111 Tieton Drive, was present to provide
Council with a summary of his January 4, 1983 appearance to
Council on this subiect. which was. a result of a letter he had
received fran the City. reauestina him to modify his hedge on
his property to allow for proper visibility at the
intersection of Tieton Drive and 32nd Avenue. He reminded
Council that at his previous appearance before Council, he
informed than he has maintained the height of the hedge (20")
on this property at the same height which was created by a
local improvement completed on Tieton Drive and 32nd Avenue in
1963-64. He informed Council of the details of the previous
L.I.D. which set the requirements for his hedge height. He
stated there are many other intersections in the City in which
this situation also exists, and expressed his belief that an
ordinance should pertain to all citizens. John Vanek,
Assistant City Attorney, provided an explanation of the
requirements of the Yakima Municipal Ccde, Chapter 8.80.010.
Council member Sparling questioned if there was a street light
at the intersection of Tieton Drive and 32nd Avenue. Mr.
Van* responded in the affirMative. Council member more
expressed his opinion of the importance to clarify different
intersections that are controlled versus uncontrolled
intersections. He stated he felt there should be an exemption 'II/
of this intersection fran the clearview regulation due to the
existing stop light at the intersection which creates a
controlled intersection. - Del Kary, Superintendent, Street
DivisiOn, was present to provide an explanation of how the
complaint originally can to the Street Division's attention.
Apparently, a citizen had contacted the Street Division in
response to an adverted accident due to poor visibility at the
intersection. Council member Buchanan expressed his desire to
see the City staff conduct better communications with the
citizens regarding situations such as this one, wherein an
ordinance is ganged which effects the property of citizens.
City Attorney Andrews informed Council that Assistant City
Attorney Vanek had provided an explanation of the Municipal
Code pertaining to the clearview regulation and if Council
wished to formally change the code, they may do so at this
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APRIL 12, 1983
time. It was MOVED by Moore, seconded by Sparling to request
staff to prepare an ordinance that would eliminate the
clearview regulation at controlled intersections, referring to
intersections with street lights. Unanimously carried by
voice vote. Mr. Croce informed Council he was planning to
make a reduction in the hedge, however, he did not feel the
amount of reduction would help the current prdblem. Council
member Buchanan addressed the problem of changing ordinances
and not addressing the L.I.D.'s (Local Improvement District's)
which would be effected by the changed code. Council member
Doty suggested an evaluation of this issue from time to time
may he advisable. Council member Buchanan expressed concerns
about the form letter sent to citizens informing then of
violations of Municipal Codes. Council member Doty informed
Council that she had been in contact with the Street Division
and a new form letter has been devised which is npre
acceptable. Council member Moore stated he felt it would be
better public relations for the City if staff were to contact
citizens by telephone when a problem arises, before sending a
letter. Del Kary informed Council this practice is already in
place within the department, however, due to a transfer of the
Street Inspector duties and functions from the Street Division
to the Engineering Division, this breakdown in communications
occurred.
10. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH YAKIMA PUBLIC
SCHOOL DISTRICT NO. 7 REGARDING LIONS PARK
Council member Barnett expressed his concerns with the lease
agreement leasing Lions Park property to the School District
during school hours for the purposes of physical education,
recreation and other programs in order to administer and
enforce legal use of the park in relationship to the Davis
High School campus. He explained his desire to see the School
District become responsible for any damage incurred to park
facilities, such as tennis court nets, while the school is
using the facilities and would like to see this reflected in
the resolution. Council member Barnett also express& his
other concern with the lease, wherein, the school is given the
right to exclude the public from the park during leased hours.
He informed Council of the many citizens he has seen using the
park during the hours outlined in the agreenent and does not
want to see these citizens excluded from using a public park.
Stan Lochrie, Chairman, Parks and Recreation Ccmmission, was
present to assure Council the School District's intention is
not to exclude citizens from using the park in the manner for
which the park was created, however, the school is seeking to
effectively control the areas of the school campus in an
effort to diminish illegalized drug sales. He indicated this
lease would allow for better control of the problem. Mayor
Carmichael expressed her concern of relinquishing
responsibility to the school; that possibly the City is not
properly addressing the problem that exists. She also
addressed possible conflicts which may arise if the City
begins construction at Lions Park. Stan Lodhrie assured
Council, that the lease will not prevent, in any way, City
construction at Lions Park. Council member Barnett addressed
his first concern of school resconsibilitv of tennis court
repair. Stan Lochrie referred to past agreements with the
School District where there has been a good relationship built
between the City and the - School District. He indicated the
monetary element of tennis court repair is minimal and
expressed his concern of jeopardizing the positive
relationship which new exists between the City and the School
District. City Attorney Andrews elaborated on the resolution
informing Council of the effort to vest authority to the
school during the hours of 8:00 a.m. to 4:00 p.m. on school
days only, therefore, making the leased premises available to
the public at other hours consistent with City Policies and
reaulati.ons applicable to other City parks. Council member
Beauchamp commented he has heard complaints from citizens
regarding problems at the park and expressed his support to
give this lease agreement an opportunity to work. It was
MOVED by Beauchamp to adopt the agreement as recommended on a
436
APRIL 12, 1983
trial basis. The motion died for lack of a second. Mayor
Carmichael informed Council that before the resolution is
read, Ines Rice has indicated she would like to comment on
this item. Ines Rice, 4409 W. Arlington, was present to
request clarification regarding law enforcement if this lease
is approved. She questionel'if the City Police would be
excluded from the school grounds. City Attorney Andrews
responded, informing her that, no, in fact, this agreement
would allow for better, more effective control as the park
would become part of the school campus, enabling the Police to
became more effective. Ines Rice questioned if this type of
lease agreement could be arranged with High School.
Council member Sparling questioned if there was a possibility
of selling Lions Park to the School District versus a lease
agreement. City AttOrney Andrews responded that this
possibility would require considerably more research.
Resolution No. D-4791, having been read by title, it was MOVED
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by Beauchamp, seconded by Doty that the Resolution, as read,
be adopted. Unanimously carried by roll call vote.
RESOLUTION NO. D74791, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute a Lions Paik - Lease Agreement with Yakima School
District No. 7.
Council member Doty commented that Reverend Robert Trimble was
present at this time to speak on Item No. 7. It was the
consensus of the Council to address Item No. 7 at this time.
7. REPORT ON REQUEST FOR MEMORIALS TO MARTIN LUTHER KING, JR.
Mayor Carmichael read a telegram she had received this
afternoon from 157 residents of Sun Tors signed by Agnes
Harrington, Six No. Sixth Street, rejecting to the proposed
street name change of Sixth Street to Dr. Martin Luther King,
Jr., Drive. Mayor Carmichael stated she was absent for the
previous Council meting regarding this item and questioned if
Reverend Trimble had any, new information for Council.
Reverend Robert Trimble, 124 Terrace-Park Drive, spoke on
behalf of the NAACP and the Committee to rename Sixth Street,
supporting the effort to rename Sixth Street to Dr. Martin
Luther King, Jr., Drive. He expressed his apposition to the
possibility of renaming Central Street to Dr. Martin Luther
King Street as it would not honor Dr. Martin Luther King in
the manner Reverend Trimble believes is appropriate. Reverend
Trimble indicated Arlington Street would be acceptable if
Sixth Street was not possible. He stated he was in 100%
agreement to rename the Southeast Canmunity Center to Dr.
Martin Luther King, Jr. Center. Council member Doty informed
Reverend Trimble that the complaints expressed by citizens
against the street rename is not against any particular
street, but they are in opposition to any street name change
due to the extensive Change in records required and costs
involved with a street name change. Pauline Hirning, 1211 S.
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Fourth Avenue; was present to speak in apposition to a street
name change due to the expense and indicated she could not
afford to have her propertrtax raised. Ines Rice, 4409 W.
Arlington, was present to speak in opposition to the proposed
street name change due to the cost incurred by the City.
Mayor Carmichael expressed her reservations of a street name
plate consisting of 48" and. the cost involved of $3,800 to
initially construct the signs. She also addressed the
expensive replacement costs due to the size of the street
name. Mayor Carmichael spoke in support of renaming the
Southeast Community Center to Dr. Martin Luther King, Jr.
Center. Council member BeauchaMp informed Council that the
'possibility of renaming the Southeast 'Community Center is
currently before the Board for a 'decision. Council member
Beauchamp indicated he agreed with staff's suggestion that
January 15 be proclaimed "Dr. Martin King Day" and for
those employees wishing to do so, they could take their
personal holiday on that day in honor of Dr. Martin Luther
King, Jr. Council member Barnett indicated he would like to
defer making a decision on this 'item until the Board of the
APRIL 12, 1983 4 3 7
Southeast Community Center makes a determination on a name
flange for the Center. It was the consensus of the Council to
. defer action on this item at this time until a determination
is made by the Board of the Southeast Community Center
regarding renaming the Center to Dr. Martin Luther King, Jr.,
Center.
12. PRESENTATION OF WATER RATE STUDY
Frank Mabry, Superintendent, Water Division, was present to
briefly review staff's report and requested Council to address
the philosophical approach taken by the Utility Rate Advisory
Board pertaining to proposed water rate adjustments for 1983.
Joseph Andreotti, Chairperson, and Shannon Smith, of the
II/ Utility Rate Advisory Board (URAB) were present to provide an
overview of the URAB's philosophy and were available to
respond to Council's questions. Mayor Carmidhael expressed
Council's appreciation for the work completed by the Board.
.Joseph Andreotti began discussion, informing Council of the
Board's desire to provide a better equity to all users of the
water system and to neet the revenue requirements to operate
the water supply facilities. He requested Council consider
their proposal. Shannon Smith informed Council the Board had
tried to make the water rates easy to understand and to
administer. He Stated the Board wished to eliminate the
subsidies and keep any one group of water users from
benefiting at the expense of another group. Council member
Barnett questioned a segment of the Board's philosophy wherein
the Water Fund should not be used as a vehicle to raise funds
for use outside the Water Division. He questioned if the
Board had specifically addressed the 12.5% in-lieu-of taxes
which amounts to $275,000. He stated the Water Fund is
contributing 12.5% to the General Fund and it appears that
under this proposed philosophy, Council would have to address
this issue also. Shannon Smith responded, informing Council
the DRAB did not discuss the tax. Council member Beauchamp
addressed the proposed philosophy Wherein no one user group
should subsidize another group. He questioned if the Board
has researched other communities Which relfected the same
philosophy. Shannon Smith responded, informing Council that
the first portion of the study did address other communities
and expanded on their findings. Mr. Andreotti informed
Council that Yakima's current water rates are lower than
Kennewick and Renton; slightly higher than Spokane. He
indicated that if the Board's water rate proposals were
accepted, Yakima's rates would be comparable to the
Kennewick/Richland area; below the Everett area and higher
than the Spokane area. Council member Beauchamp questioned if
the Chamber of Commerce had participated in the URAB's
meetings. Mr. Andreotti indicated that the Chamber of
Commerce had been notified of all meetings, of Which a Chamber
representative attended three meetings and then discontinued
II/ attending. Council member Barnett expressed his concerns for
the residential water user; indicating this user may have an
increase as high as 44% and, conversely, the volume user could
have a significant decrease. He also expressed his concerns
regarding the possibility of commercial/industrial users
incurring an increase of up to 50% which would amount to
several thousand dollars. Council member Barnett stated that
in talking with several of the large businesses. they have
indicated they cannot absorb a $2 to $5,000 bi-mnnthly
incrpap in water rates. He went on to address those
districts in the City Which do not have access to irrigation
water, therefore, forcing citizens to use domestic water for
irrigation purposes. Council member Barnett stated he saw an
adverse impact on the lower income people under this
philosophy as well as an adverse effect on the commercial/
industrial users. Shannon Smith expressed the URAB's
philosophy that, due to subsidies received in the past,
businesses were in a better position to pass on the cost than
residential users. Council member Sparling spoke in
opposition, stating businesses are suffering in these present
times of economic hardship and cannot continually absorb added
costs. HP indicated hp would like tn a reduction in water
438 APRIL 12, 1983
rates versus the proposed. increases. 'Mr. Andreotti was
questioned about the possible consequences if the URAB's
recommendations are not adopted by the Council. Mr. Andreotti
responded, emphasizing that action is necessary at this time
_ or Council will be dealing with a bigger problem in two years.
Addressing the proposed water rate .structure, he cemented
that big business will possibly move outside the City limits
and drill their own wells, therefore, the smaller-ccmercial
users will be the most adversely affected. Council member
Budhaftan-questioned Table 9B therein the 'comercial user who
is utilizing a 1 meter size :would be paying $629.88 for
1,500 cubic feet of water versus an industrial user who is
utilizing a 4" meter and paying $512.82, which indicates
the commercial user - would be paying more. Mr. Smith
responded, indicating Council member Buchanan's example is of
a high volume user; he referred to the same Table, addressing
the Commercial user whage consumption is 165.53 cubic feet
utilizing a 1" meter at a proposed cost of $74.04 which is a
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decrease frcm the current cost of $74.55. Council member
Moore expressed his concerns of the proposal which states the
rates are the same- for consumption,- yet the Commercial user
and- the Industrial user utilizing the same amount of water,
1,500 cubic feet, that-the Commercial user is paying more.
Mr. Smith responded, informing Council that the capital cost
recovery change is- caning -into play -in those figures. Council
member Moore questioned if the capital cost recovery charge is
less on a 4" meter size versus a 11/2" , meter size. Council
member Buchanan stated that under the -proposed water rate
structure, it does not matter at the water consumption is,
the cost is greater for a small service than a large service.
Mr. Smith explained there must be an error-in Table 9B. Mayor
Carmichael informed the Council- she had received a call from
Greg Stuart, General Manager of the Central Washinaton State
Pair arrinndq who info her the fairaronnds have two water
meters, which would increase their oasts 25% for one meter
and 74% for the other meter, averaging out to a 49.5%
increase. John Klingle,- 1312 W. Walnut, was present to
comment on the proposed water rate study.. He questioned Table
6C, Forecasted Bi-monthly Service,Chargestor 1985, 1986 and
1987, thigh reflects considerable- capital cost charge
increases. He also cemented concerning Table 11, wherein he
exaressed his opinion that- the -Low; Residential figure is
inaccurate: there are Many water users consume less than
the'lowest list_ed'rate." Mr. Klingle also-addressed Table-9
therein the 2" uater user has-been-eliminaed from the
Chart. He cemented that the overall proposed plan was good,
however, he suggested implementing a two-rate structure for
the - first year, to then go back to one rate; cost of water
consumed. Ines Rice, 4409 W. Arlington, was present to
question upon what criteria the URAB have based their future
rates as outlined in the Proposal. Frank Mabry responded,
informina M. Rice that the fiaures were a estimate
which included factors that need to be addressed such as major
cost items. Ms. Rice spoke in opposition to disallowing the
surcharge placed_ on water customers outside the City limits.
.At this time, Mr. Smith reported back to Council referring to
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Table 6C, which illustrates the Bi-monthly Service Charge by
Meter Size. He referred to Table 7 which illustrates the
required water rate for the W12-CernMercial user as $.41 per
cubic foot and $.31 for the W13-Industrial user. He informed
Council that the URAB is not proposing that the preferential
user, or those users who enjoyed preferential rates in the
past. be forced immediately into the higher rate; the proposal
is over a three-year cericq. Council‘ member Moore expressed
his disatisfaction with the philosophy of the proposed water
rate structure. Pauline Hirningi 1211 So. Fourth Avenue, was
present to express her gratitude -for the water services
provided to citizens and suggested that water rates be
maintained at the present level. Council member Barnett
requested clarification of Table 5, 6A and 8. Frank Mabry
responded clarifying Council member Barnett's questions.
Assistant City Manager Wittenberg questioned Council if they
ureferred to have this item trought back to than at the next
business meeting6 Council member Barnett express& his
APRIL 12, 193 439
concerns regarding the policy issues which have not been
adequately addressed and the time element involved due to the
recent issuance of water/sewer bonds. It was MOVED by Moore,
seconded by Doty that this it be placed on next week's Study
Session meeting agenda. Unanimously carried by voice vote.
6. RECONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET
AMENDMENTS AND CITIZEN'S ADVISORY COMMITTEE RECOMMENDATIONS FOR
1983
Mayor Carmichael addressed a letter she had received from
Robert Sinclair, Chairperson of the Community Development
Block Grant Advisory Committee, requesting further direction
from Council regarding the Committee's work program. She
11/ indicated she would provide this information to the rest of
the Council for their inforuation. John Beer. Jr., Director
of Community and Economic Development, was present to provide
background information on this item. Council member Barnett
questioned if the recent Federal Jobs Bill would have an
effect on this item. Mr. Beer responded negatively,
reiterating the necessity to balance the 1983 CDBG budget at
this time. Council member Doty expressed her opinion that
Option C, as referred to in the staff report, appeared to be
the best alternative possible. It was MOVED by Doty, seconded
by Moore to accept Option C as outlined in the staff report.
Unanimously carried by voice vote. John Beer addressed the
Federal Jobs Bill, informing Council that Yakima will receive
a substantial amount due to Yakima's high unemployment rate.
He indicated staff will be appearing before Council in late
May or early June regarding this item. Referring back to the
Community Development Blodk Grant, Housing Services Program,
Council member Sparling suggested the Housing Services Center
make a goal of rehabilitating 70 houses versus the 35
projected for 1983. John Beer responded, stating that it was
definitely the Housing Services Center's goal to rehabilitate
more houses in 1984.
*8. PRESENTATION OF CAPITOL THEATRE ANNUAL REPORT
The report from the Director of Community and Economic
Development dated April 12, 1983 regarding the 1982 year end
report for the Capitol Theatre, was accepted and approved.
11. REPORT FROM FIRE DEPARTMENT REGARDING ACQUISITION OF ELECTRONIC
TEST EQUIPMENT
Ed Carroll, Fire Chief, was present to address the need to
replace the present electronic test bench equipment. He
explained the funding sdhedule, as outlined in the staff
report, provided for a 50/50 split between the Fire Department
and Federal Revenue Sharing/Contingency Funds. Council member
Barnett expressed his opposition of using the Contingency Fund
as a funding source for this item. Council member Buchanan
expressed his opinion that funding for the electronic test
equipment should be allocated from the Fire Department Capital
Fund rather than from either of the contingency funds. Chief
Carroll stated that the test equipment is for all City
equipment and he expressed his understanding that Council
preferred the philosophy of charging back to departments which
benefit from services. Council member Buchanan cougented that
this item should have been budgeted for replacement over the
past 13 years and, therefore, should be funded entirely from
the Fire Department Capital Fund. It was MOVED by Buchanan,
seconded by Sparling to direct staff to prepare the proper
legislation to authorize the purchase of electronic test
equipuent, appropriating the money out of the Fire Department
Capital Fund. Unanimously carried by voice vote.
13. NOTICE OF INTENTION TO COMMENCE ANNEXATION FOR AREA EAST OF CITY
LIMITS
Council member Buchanan referred to the excerpt of the Council
meeting minutes of January 25, 1983 included in staff's report
Wherein the minutes state that John Beer "contacted the major
1+ LI, 0 APRIL 12, 1983
businesses within the annexation area and they have indicated
they are in agreement with the proposed annexation" however,
the minutes should read that John Beer ,"contacted the major
property owners within the annexation area and they have
indicated they are all in agreement with the proposed
annexation." Council member Buchanan expressed his desire to
see the annexation initiated by the property owners versus the
City. Council member Mbore spoke in support for the
annexation, as the majority of citizens affected by the
annexation have agreed to annex and the City could benefit
from-the revenue. Discussion followed regarding the procedure
in Whidh the City proceeds with the notice of intention to
commence annexation-. It -was MOVED by Moore, seconded by
Sparling that April 12, 1983 be set as the time for a meeting
with, the, initiating party Who signed the Notice of Intention
to Commence Annexation- Proceedings dated March 7, 1983, the
initiating party being the City of Yakima. The question was
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called for a vote on the motion. Carried by 5-1 voice vote.
Buchanan voting nay. Barnett Abstaining due to his absence at
an earlier meeting regarding this issue. , Following City
Attorney Andrews clarification of the proper procedures
necessary for this notice- of intention, Mayor Carmichael
questioned -if the City of Yakima was willing to incur the
indebtedness of the City of Yakima.- The council indicated its
consensus in the affirmative. It was MOVED by Moore, seconded
by Beauchamp that the annexation proposed by the City of
Yakima be accepted by the City of Yakima-and that the area to
be annexed- be required to -assume-its share of the City's
existing indebtedness and that a Notice of Intention to Annex
be filed with the Yakima County Boundary Review Board. The
question was called for a vote on the motion. Carried by 5-1
voice vote.- Buchanan voting nay. Barnett abstaining due to
his absence at, an earlier meeting regarding this issue.
*14. APPOINTMENT-TO FILL VACANCY ON BOARD OF ADJUSTMENT
The reappointment of S. Wright Hawkes by the City Manager to
the Board of Adjustment, was approved and confirmel.
*15. REPORT FROM PERSONNEL RBGARDING U.S. CONFERENCE OF MAYORS -
DEFERRED COMPENSATION PROGRAM
The report from the Personnel Officer dated April 12, 1983
regarding Tax Deferred Cdauensation Program was approved and
accepted.
*16. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERNATIONAL
ENGINEERING COMPANY FOR ENGINEERING SERVICES FOR DIVERSION DAM
REPAIR
RESOLUTION NO. D-4792, A RESOLUTION authorizing the execution
of an agreement to hire -consulting engineering services in
connection ,with the general irrigation. system diversion dam.
*17. RESOLUTION AUTHORIZING THE WRITE-OFF OF CERTAIN UNCOLLECTABLE
ACCOUNTS .
RESOLUTION NO. D-4793, A RESOLUTION accepting a report of the
Customer Services Manager and authorizing the write-off of
certain uncollectable accounts receivable by-the Utility Funds
of the City of Yakima.
19. RESOLUTION AUTHORIZING EXECUTION OF-AMENDMENT NO. 20 TO THE R. W.
BECK AGREEMENT FOR ENGINEERING SERVICES FOR THE WASTEWATER
TREATMENT PLANT PROJECT
Assistant City Manager Wittenberg explained-that due to the
time element involved to canplete the work required, coupled
with the recent vacancarcreated by Jon Wiese, it is necessary
to request this legislation in order to canplete the work.
Council member Barnett questioned the City's expense regarding
Contract No. 6. Dennis Bertek responded to Council's
questions. Resolution No. D-4795, having been read by title,
APRIL 12, 1983
it was MOVED by Doty, seconded by Sperling that the
resolution, as read, bP passed. Unanimously carried by roll
call vote.
RESOLUTION NO. D-4795, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute an
amendment to the agreement with R. W. Beck & Associates to
prepare a Wastewater Facilities Design.
*20. RESOLUTION AUTHORIZING THE SETTLEMENT OF HARTFORD INSURANCE CLAIM
REGARDING VOLCANO DAMAGE AT THE WASTEWATER TREATMENT PLANT
RESOLUTION NO. D-4796, A RESOLUTION ratifying a settlement
agreement with Hartford Insurance Company for Mount St. Helens
II/ eruption ash damage, and authorizing the City Manager and City
Clerk of the City of Yakima to execute a release document.
*21. DISPOSITION OF DAMAGE CLAIMS:
a. RESOLUTION NO. D-4797, A RESOLUTION authorizing the
payment of $341.03 to Benny Kwong in settlement of a
claim for damages filed with the City of Yakima.
c. RESOLUTION NO. D-4798, A RESOLUTION denying the claim of
Monte R. Bailey filed with the City of Yakima.
*22. APPROVAL OF FINAL PAYMENT FOR MODESTO SEER L.I.D. NO. 1033 AND
MCKINLEY SERER CONTRACTS
The report from the Director of Engineering and Utilities
dated April 12, 1983, with respect to the final contract
payment for Modesto Sewer L.I.D. No. 1033, performed by
DeBlasio Construction, was approved, the work accepted and
payment of the final estimates as therein set forth was
authorized.
*23. ORDINANCE REZONING PROPERTY LOCATED AT SOUTH 40TH AVENUE & TIETON
DRIVE AS REQUESTED BY ALBERTSON'S, INCORPORATED
ORDINANCE NO. 2685, AN ORDINANCE accepting the recommendation
of the Planning Commission and rezoning property at 40th
Avenue and Tieton Drive from R-2, Two-Family Zone and B-2,
Local Business Zone, to Planned Development Zone.
*25. ORDINANCE REGARDING INSURANCE COVERAGE FOR ACTIVE AND RETIRED
EMPLOYEES
ORDINANCE NO. 2686, AN ORDINANCE relating to City government
employees, providing for a life insurance program for city
government employees; authorizing eligibility for certain
retired City employees to participate in the City's hospital
and medical insurance plan; amending Subsection 2.04.030 A and
II/ adding Section 2.04.040 as a new section, both of the City of
Yakima Municipal Code.
*27. ORDINANCE AMENDING THE COMPENSATION AND CLASSIFICATION PLAN
ORDINANCE NO. 2687, AN ORDINANCE relating to City personnel;
adopting a Classification and Compensation Plan for City
employees to be effective May 14, 1983; amending Sections
2.20.100 and 2.20.110 of the City of Yakima Municipal Code.
28. ORDINANCE AMENDING THE 1983 BUDGET AND APPROPRIATING FUNDS FOR
CCMMUNITY AND ECONOMIC DEVELOPMENT AND PARKS AND RECREATION
DEPARTMENTS (First Readin4)
. ,
Council member Doty indicated she had requested this item be
taken off the Consent Agenda, however, due to the hour of the
meeting, she would defer her questions until the second
reading.
4 Li APRIL 12, 1983
The ordinance amending the 1983 Budget and appropriating funds
for Community and Economic Developirent and Parks & Recreation
Departments having been read by title Only at this meeting,
was laid on the table for one week or until April 19, 1983.
18. RESOLUTION AUTHORIZING THE EXECUTION OF A SOLID WASTE MANAGEMENT
AGREEMENT WITH YAKIMA COUNTY
Ines Rice, 4409 W. Arlington, requested this item be removed
from the Consent Agenda, however, she was not present at the
time Council addressed this issue. Resolution No. D-4794,
having been read by title, it was MOVED by Doty, seconded by
MOore that the resolution, as read, be adopted. Unanimously
carried by roll call vote.
RESOLUTION NO. D-4794, A RESOLUTION authorizing the City
11/
Manager and City Clerk of the City of Yakima to execute an
agreement with Yakima County regarding a solid waste
management plan.
21b. DISPOSITION OF DAMAGE CLAIM
b. RESOLUTION DENYING THE CLAIM FILED BY LUIS ESCAMILLA
Due to the lateness of the hour, this item was postponed.
24. ORDINANCE RELATING TO THE ORGANIZATION OF THE PARKS AND RECREATION
COMMISSION
Due to the lateness of the hour, this item was postponed.
26. ORDINANCE REAUTHORIZING THE DEFERRED COMPENSATION PROGRAM
Due to the lateness of the hour, this item was postponed.
29. OTHER BUSINESS
None
Information Items
Items of information supplied to Council were: memo from
Executive Director of Association of Washington Cities
regarding AWC Officer and Board of Director Elections
Resolutions and NcOinations Committees. 4/5/83; letter of
appreciation from Harold and Joyce Jones to Battalion Chief
Gene O'Dell and firefighters at Station No. 1 for firefighting
services performed. 3/21/83; article from the Wall Street
Journal entitled, "Court Orders That Shield Minorities From
Layoffs Generate Bitterness." 3/23/83; Mardi 1983 Community
Television Newsletter Volume 1, No. 3; Fire Department
Emergency Activity Report for Mardi, 1983; minutes from the
Civil Service Commission meeting of March 3, 1983; discussion
summery of the Mardi 3, 1983 DARC meeting; and minutes of the
March 31, 1983 Board of Appeals meeting.
30. ADJOURNMENT II/
There being no further business to came before the Council, it
was MOVED by Buchanan, seconded by Sparling that this meeting
be adjourned at the hour of 10:05 p.m. Unanimously carried by
voice vote.
READ AND CERTIFIED ACCURATE BY • ,
DATE17/Mo
COUNCIL 4 R
.2J DATE rwl7elf
COUNIii MEMBER TO
ATTEST:
/ ivy \ Ot •
CITY CLERK MAYOR