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HomeMy WebLinkAbout11/25/1980 Adjourned Meeting (2) 202 November 25, 1980 STUDY SESSION The City council net in session on this date at 2:00 p.m. in the council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael, Bruce Crest, Shirley Doty and Don Hinman. 1. OPEN DISCUSSION FOR THE GOOD CF THE ORDER MAYOR REPORTS Mayor Edmondson stated that all Council members have been invited to attend the City Employees' Christmas Party on December 5, 1980, at the Selah Community Center at 8:00 p.m. Mayor Edmondson reported that the Development Disability Service Consortium is having an orientation for elected officials at the Holiday Inn, Thursday, December 11, 1980, from 7:00 to 9:00 p.m. II/ The Mayor reported that Sister Burke of the Diocese Educational Services has asked about having a committee to study the transit system. In discussion, Council members indicated they feel there should be a committee of the Council and suggested that the Mayor advise her that it is a Council matter, but they would welcome suggestions for their committee. Mayor Edmondson reported that the Department of Transportation is concerned with serving the five routes of Amtrak service in Washington and is forming a rail passenger task force and would like to have a representative from the City to serve on the State-wide task force. It was suggested that there might he some persons in the community that would be interested and an inquiry should be made. It was noted that the City has representatives in the Yakima Valley Transportation Club. Jim Kurbitz and Janet Snodgrass are the City's representatives on the area wide transit study going on at this time. Mayor Edmondson asked the City Attorney about requirements or procedures for removal et members on committees. City Attorney Andrews stated that he will have a report later. She reported that Ed Grubbs had moved to Bellingham and has verbally resigned from the Planning Commission. She asked if this vacancy should be filled at this time and if the Committee of the Council has a recommendation. It was the general consensus of the Council that this position should be filled and Council member Hinman reported that the Committee would like to recommend Nick Hughes, 3416 Taylor Way, to be appointed to fill the unexpired term of Ed Grubbs. After discussion, it was MOVED by Hinman, seconded by Doty that Nick Hughes be appointed to fill the unexpired term of Ed Grubbs on the Planning Commission. Unanimously carried by voice vote. 2. EXECUTIVE SESSION RE: PENDING LITIGATION It was MOVED by Buchanan, seconded by Doty to move into Executive Session for the purpose of discussing pending litigation. Unanimously carried by voice vote. BUSINESS MEETING 3. ROLL CALL At 3:00 p.m., the Council members commenced the regular meeting, Mayor Edmondson presiding, Cbuncil'members Beauchamp, Buchanan, Carmidhael, Crest, Doty and Hinman and City Manager Zais and City Attorney Andrews present on roll call. INVOCATION The Invocation was given by City Manager Zais. November 25, 1980 203 4. CONSENT AGENDA Mayor Edmondson referred to the its placed on the Consent Agenda questioning Whether there were any additions or deletions from either Council members or citizens present. Council member Doty requested that Item No. 8 he added to the Consent Agenda and Council member Carmichael requested that Item NO. 18 be added; Council member Hinman requested that Item No. 16 be added; Council member Crest requested that Item No. 17 be added and Council member Beauchamp that Item No. 9 be added. It was the general consensus of the Council that the addition of Items No. 8, 9, 16, 17 and 18, as requested, be made. The City Clerk then read the Consent Agenda items including resolutions and ordinances by title. It was MOVED by Crest, seconded by Doty that the Consent Agenda, as read, II/ 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.) Mayor Edmondson announced that Max Vincent, Attorney, requested that Item No. 11, Request for Modification of Raber-Dersham Right-of-way Use Permit No. 215 be continued for one week. It was the general consensus of the Council that this item be continued for one week. *5. MINUTES The Council minutes of November 12, 13 and 18, 1980, were approved, having been duly certified accurate by two Council members and no one present wishing to have Said minutes read publicly. 6. AUDIENCE PARTICIPATION APPEARANCE BY LEE SEMON, CHAPMAN, DARC RE CHRISTMAS DECORATION PLANS Lee Semon reported on the Christmas decorations for the CBD area and the west side merchants area on Yakima Avenue. He requested Council's authorization to charge the PBIA fund for the cost of installing and taking down the decorations in the approximate amount of $10,000. He stated that they are in the process of collecting the money from the west side merchants for the installation of the Christmas decorations from 7th Avenue to the CBD boundary. It was MOVED by Buchanan, seconded by Doty to approve the use cf PBIA funds for the purpose of installing Christmas decorations this year. Carried by 6-1 voice vote. Hinman temporarily absent. CORRESPONDENCE Mayor Edmondson read into the record a letter from Dolores II/ Goodman, representing NAACP, regarding their support to keep Lions Pool open. She also read a letter in th to e record from Ralph Berthon, 19 Hall Avenue, requesting a route. change in the transit, system to provide service to the Valley Mall via Miner's Drive-In at least during the peak hours. Following discussion, it was the general consensus of the Council to have the Mayor send Mr. Berthon a letter to inform him that a committee will be formed to consider future transit thanes and Council will consider this request. PROCLAMATION Mayor Edmondson proclaimed this week as National Adoption Week. 7. SPECIAL PERMIT TO ALLOW AN "AUTO CROSS" MOTOR SPORTS EVENT City Attorney Andrews referred to an error in the proposed ordinance stating that the date in the 4th paragraph should be November 26th rather than November 24th. He reported that Daryl Sdhilperoort, President of the Yakima Valley Sports Car 04 November 25, 1980 Club, had been informed by his insurance company that $300,000 is the limit they can get for liability insurance. He stated that the City needs to have a telegram or insurance certificate advising the City of insurance coverage for this event, holding the City harmless, by November 26th before the event can be held. Mr. Sdhilperoort submitted a letter Which gives his definition of an auto cross event. He stated that if the area does not meet clean-up inspection, then he would like to be recalled to have the opportunity to do further clean work. Resolution NO. D-4366, having been read by title, it was MOVED by Doty, seconded by Carmichael that the Resolution be passed. Unanimously carried by roll call vote. RESOLUTION NO. D-4366, A RESOLUTION granting a special permit to the Yakima Valley Sports Car Club to stage an "auto cross" motor sports event. *8. WASTEWATER FACILITIES PURCHASES II/ A. RESOLUTION NO. D-4367, A RESOLUTION authorizing a contract for roof repair at the Wastewater Treatment Plant without calling for formal bids. B. RESOLUTION NO. D-4368, A RESOLUTION authorizing the purchase of safety equipment for the use of the Wastewater Treatment Plant without calling for bids. *9. HIRE EQUIPMENT AND SERVICES IN CONNECTION WITH DIGESTER CLEANING AND SLUDGE HAULING RESOLUTION NO. D-4369, A RESOLUTION authorizing the hiring of equipment and services, in connection with the Wastewater Treatment Plant construction without calling for bids; and amending City of Yakima Resolution No. D-4238, adopted April 22, 1980. 10. CHANGE ORDER NO. 5, CONTRACT NO. 5, PETER KIEWIT, WASTEWATER TREATMENT PLANT CONSTRUCTION City Manager Zais commented that the details of this Change Order has been provided by R. W. Beck, Which Jon Wiese, Sanitary Engineer, explained. Following discussion, it was MOVED by Carmidhael, seconded by Buchanan to approve Change Order No. 5 of Contract No. 5 to the Wastewater Treatment Plant construction. Unanimously carried by voice vote. 11. REQUEST TO ALTER RIGHT-OF-WAY USE PERMIT NO. 215 - RABER/DERSHAM Item continued one week. *12. RIGHT-OF-WAY USE PERMIT TRANSFER - GARY WICK The Right-of-way Use Permit transfer request submitted by Gary Wick for property at 307 So. 2nd Street, was approved. *13. FINAL CONTRACT CONSTRUCTION PAYMENT ON SO. 1ST STREET IMPROVEMENT - II/ SCHEDULE B The report from the Department of Community Development dated 11/10/80 with respect to the completion of the work on the South First Street Improvement - Schedule B, performed by Yakima Asphalt Paving was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *14. INVESTMENT REPORT FOR OCTOBER, 1980 The report of the City Treasurer dated October 31, 1980, regarding the investments of the City of Yakima, was accepted and approved. November 25, 1980 0 5 *15. APPROPRIATION CF FUNDS TO PAY COSTS INVOLVED WITH RETROACTIVE APPLICATION CF RECLASSIFICATION RESULTS Ordinance No. 2470, having been read by title only previously, was passed. ORDINANCE NO. 2470, AN ORDINANCE amending the 1980 Budget for the City of Yakima, and appropriating, transferring and reappropriating money within and among various funds and accounts, all as appropriations for the 1980 City of Yakima Budget. *16. IMPOSE "SEPTAGE CHARM" AND PROVIDE FOR BIENNIAL RATE REVIEW II/ ORDINANCE NO. 2471, AN ORDINANCE relating to public services and utilities; imposing a "septage charge" and providing for a biennial rate review; and enacting Subsection 7.60.020B and 7.60.020E as new Subsections of the City of Yakima Municipal Code. *17. TRANSFER RESPONSIBILITIES FOR LITTER CONTROL FROM FIRE DEPARTMENT TO OFFICE CF CODE ADMINISTRATION ORDINANCE NO. 2472, AN ORDINANCE relating to administration; transferring the responsibility for litter control from the Fire Department to the Office of Code Administration; and amending Subsection 1.18.040B and Section 1.18.060 of the City of Yakima Municipal Code. *18. BUSINESS LICENSE FEE INCREASE Ordinance No. 2473, an ordinance relating to licenses and business regulations; adopting a business license fee and a schedule of rates therefor;. specifying time for payment and imposing a penalty for delinquent payment; and amending Section 5.52.030 and 5.52.090 of the City of Yakima Municipal Code. 19. OTHER BUSINESS COUNCIL COMMITTEE TO STUDY PARKS AND RECREATION BUDGET CONCERNS It was MOVED by Carmichael, seconded by Hinman to establish a committee of the Council, consisting of three members, to study the Parks & Recreation budget concerns. Following discussion, the question was called for the vote on the motion. Unanimously carried by voice vote. Council members Carmidhael, Crest and Doty volunteered to serve on the Council committee. Discussion followed about involving the Parks Commission members in the study and about the task force being formed by the Chamber of Commerce to look at the carry-over of the Parks deficit of the loan repayment and the closure of Lions Pool. It was MOVED by Hinman, seconded by Buchanan that the Committee of the Council to do this study consist of Council members Carmichael, Crest and Doty. Unanimously carried by voice vote. 20. ADJOURNMENT There being no further business to cane before the Council, Mayor Edmondson declared the ing adjourned at the hour of 4:10 p.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE L2-94),J COUNCIt MEMBER ATTEI_ _OO ‘/ r - CITY MEN MAYOR ?OS DECEMBER 2, 1980 STUDY SESSION The City Council met in session on this date at 1:00 P.M. in the Con- ference Room at City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Bruce Crest, Shirley Doty and Don Hinman. Council members Henry Beauchamp, Lynn Buchanan and Lynn Carmichael absent. I. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Reports Mayor Edmondson reported she had a call from former Council member Pete Moore and related that he is unhappy with only II/ having yard service for eight months. He suggested that a citizen be given the option to have yard service for the length of service they wish. It was the general consensus of the Council to refer this matter to staff. The Mayor also reported on a request from Elmer Barbee, Seattle First Computer Service, to extend the hours of transit operation to accommodate those employees who work the late shift. It was the general consensus of the Council to discuss this after the Long Range Transit Plan Study. Council member ** Doty commented that a suggestion was made to her to have a copy of the bus schedule stapled to the utility bills. It was the general consensus of the Council to have staff investigate alternatives for mailing the bus schedules with the utility bills. 3. REPORT RE 1981 INSURANCE COSTS/BUDGET IMPACT Art Zerbach, Director of Finance, distributed a synopsis of insurance costs by fund. He commented that the departments were advised to increase their insurance costs by 10%, which resulted in $500,000 being budgeted for liability insurance in 1981. He stated that the total premium is $269,000, which is a difference of $265,743. This is a 49% decrease for liabil- ity insurance. He recommended not changing the insurance figure for Water/Sewer Division and review the insurance coverage and dollar limit. Glen Williams, Colvin Van Amburg and Emerick Insurance Company, was present to answer any questions. He stated that the loss control program instituted last year resulted in a significant savings to the City. .Last year the liability insurance for fleet maintenance was $73,667, compared to $39,516 for 1981. Discussion followed on whether this unexpected money could be put into a Sidewalk Repair Program and possibly decrease the City's liability insurance. City Manager Zais stated that there hasn't been any funds designated for sidewalk repair. 2. REPORT ON PLANNING COMMISSION APPOINTMENTS City Attorney Andrews stated that this report is in response to Council's inquiry regarding the procedure for the removal of an individual from a commission and whether a member has to reside within the City limits. He reported there is a Code provision that says that any member that shall be absent without being excused 50% of the regular meetings over a six month period may be removed from that commission. The removal procedure is covered by State statute which requires a public hearing and then removal by the appointing official, with the concurrence of the Council. There must be grounds for dismis- sal, i.e. inefficiency, neglect of duty, or malfeasance. He stated that State law does not specify how the public hearing will be conducted. Following discussion, it was the general consensus of the Council to have the Mayor notify commission members who have excessive absences and conduct a public hearing on December 16, 1980. Council also requested infor- mation on all absences for all commissions by March 1, 1981. ** Inadvertently omitted This mailing would occur _ twice a year. 2 07 DECEMBER 2, 1980 4. REPORT ON REQUIREMENTS DEFINITION STUDY FOR PROPOSED PAYROLL/ PERSONNEL MANAGEMENT SYSTEM Tom Froula, Information Systems Manager, referred to a slide presentation and gave some background information on the payroll system, comparing the first payroll program and what exists today, i.e. general ledger, cost accounting for labor and equipment, utility accounting system, and irrigation ac- counting. He stated that he would like to make some changes to payroll, however it would be difficult and very risky to the computer program. David Fish, consultant, Northwest Data Systems, gave some background information on the design of the Payroll/Personnel Management System Program (PPMS). He com- mented that Loveland, Colorado, is in the process of con- " verting to the PPMS and we will be able to use some of their research since they also have a UNIVAC computer. He stated that the time frame for implementing this system is 18 months. He stated that it will take one full time programmer to work on this program, and they would like to use an in-house pro- grammer so that he will be familiar with the system. He commented that personnel from Finance and Personnel will be needed to furnish data. He spoke about the consultant fees, which will be $43,960 for the 18 month project. Following discussion, it was MOVED by Hinman to accept the report and instruct staff to incorporate the necessary adjustments. The motion died for lack of a second. Council members still having unanswered questions, it was the general consensus of the Council to continue this discussion at the budget review meeting on the 9th of December. BUSINESS MEETING 5. ROLL CALL At 3:00 P.M. the Council members commenced the regular meet- ing, Mayor Edmondson presiding, Council members Crest, Doty and Hinman and City Manager Zais and City Attorney Andrews present on roll call. Council member Beauchamp present after 3:35 P.M. Council members Buchanan and Carmichael absent. INVOCATION The Invocation was given by Council member Hinman. 6. CONSENT AGENDA Mayor Edmondson 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. The City Clerk then read the Consent Agenda, including a reso- lution by title. It was MOVED by Hinman, seconded by Doty that the Consent Agenda, as read, be passed.. Unanimously II/ carried by roll call vote. Beauchamp, Buchanan, and Car- michael absent. (Subsequent paragraphs preceded by an as- terisk (*) indicate items on the Consent Agenda, handled under one motion without further discussion. *7. MINUTES The Council minutes of November 18, and 21, 1980, were ap- proved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 8. HEARING ON 1981 YAKIMA CITY BUDGET AND REVENUE SHARING FUNDS There being no citizens present to speak to this item, the public hearing was closed. . _ 9 08 DECEMBER 2, 1980 AUDIENCE PARTICIPATION PROCLAMATION Mayor Edmondson proclaimed this week as Civil Air Patrol Week. She also proclaimed December as Christmas Festival Month. 9. REQUEST TO ALTER RIGHT-OF-WAY USE PERMIT -- RABER/DERSHAM Mr. Campbell, attorney representing Raber/Dersham, gave some background information on the renovation of the Chinook Tower, and the existing right-of-way use permit. He explained that there was an error made on the right-of-way use permit appli- cation and the legal description for Lot 11 was omitted. He also stated that the inclusion of Lot 11 on the scale of the plan was omitted. He commented that to deny the modification of the peimit will do substantial financial harm to Raber/Der- sham as the building is partially constructed. He distributed some photographs which show the partially constructed parking attendant shelter which is located south of, and adjacent to, the People for People building. He stated that Code Adminis- tration Division had the set of drawings which indicate where the parking attendant shelter is located. Lou Roederer, Code Manager, commented that the inspectors went by the legal description when working with the application. Max Vincent, attorney for the owner of the building occupied by People for People, spoke about the inconvenience of the tenant. He stated that this may constitute condemnation of property by loss of free accessibility. The building interferes with truck deliveries and refuse service. He commented that the shelter also limits the handicapped accessibility to the building, and creates a danger to the pedestrians. (Council - member Beauchamp present after 3:35 P.M.) He urged Council to accept the staff recommendation and deny the request to modify the permit. Dick Smith, Team Research, owner of the building, urged Council to deny the request for permit modification. Helen Bradley, Assistant Director, People for People, stated that there are about 200 people coming and going out of the building, some of whom use the back door entrance. In light of the fact that the right-of-way drawings were provided by the architect, it was MOVED by Crest, seconded by Hinman to accept the staff's recommendation and deny the request for modification of the Raber/Dersham right-of-way use modifica- tion. Unanimously carried by voice vote. Buchanan and Car- michael absent. 10. REPORT FROM CITY ATTORNEY RE PROPOSED DRUG PARAPHERNALIA ORDINANCE Fred Andrews, City Attorney, reviewed the proposed ordinance and model drug paraphernalia act, which other jurisdictions have based their legislation on. He commented that there have been several court cases which have been upheld in court. He stated that Richland, Kennewick and Benton County have adopted ordinances based on the model drug paraphernalia act but deleted the portion that makes it illegal for publications to II/ advertise drug paraphernalia for sale because of possible conflict of constitutional rights of freedom of speech and the press. Aside from the criminal penalty, this ordinance has the provision for the seizure and forfeiture of drug parapher- nalia. He commented that the model drug paraphernalia act also has a provision making it a more serious offense for those persons selling drug paraphernalia to a person under the age of 18 when the seller is three years or more older than the customer. He commented that a bill maybe sponsored in the next legislative session which would nullify any action that would be taken now. Diana Balden, West Valley Council of PTA, Mary Place, Yakima City PTA, Sherry Ritson, Dr. Warren D. Starr, Superintendent of School District No. 7, and Frank Warren spoke in favor of this legislation. It was MOVED by Hinman, seconded by Beauchamp to instruct staff to prepare an ordinance which would include all sections of the model or- 209 DECEMBER 2, 1980 dinance. City Attorney Andrews sought clarification of the ordinance, asking if the motion included the degree of crime. It was MOVED by Hinman to delete Section C. Motion died for lack of second. City Attorney Andrews explained that section of the ordinance in detail. He stated that the City has the power to provide for an offense only up to the certain amount and that is already in the Code book. Discussion followed on this provision and it was MOVED by Hinman, seconded by Beau- champ to delete Section C in the instructions. Carried by 4/1 voice vote. Edmondson voting nay. Buchanan and Carmichael absent. The question was called for the vote on the motion as amended. Carried unanimously by voice vote; Buchanan and Carmichael absent. II/ (Council member Hinman absent after 4:30 P.M.) *11. SEWER LINE REIMBURSEMENT AGREEMENT WITH CLARENCE FRANKLUND RESOLUTION NO. D-4370, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Clarence Franklund for the partial reimburse- ment of construction for an eight inch sewer line. 12. OTHER BUSINESS Council member Beauchamp brought the following issues up for information, and it was the general consensus of the Council to refer these matters to staff: (1) Check clear view zone at the intersection of 2nd Street and Pacific due to parked cars and fire hydrant; (2) leaking fire hydrant at LaSalle and South 10th Street; and (3) setback legality of building at 12th Avenue and Nob Hill which only leaves about two to three feet to the street. COUNCIL INFORMATION Items of information supplied to Council-were: article from Spokesman Review re B & 0 Tax. 11/16/80 article from Wall Street Journal re Revenue Sharing. 11/18/80; article from Spokesman Review re Citizens Viewpoint, on Spokane Deficit. 11/18/80; and minutes of Downtown Advisory Redevelopment Committee meeting of November 18, 1980. 13. ADJOURNMENT There being no further business to come before the Council, it was MOVED by Doty, seconded by Beauchamp that this meeting be adjourned at the hour of 4:35 P.M. to then meet on Tuesday, December 9, 1980, at 9:00 A.M. for the purpose of studying the budget. Unanimously carried by Al /3 voi e vote. Buchanan, II/ Carmichael and Hinman .b-ent. READ AND CERTIFIED ACCURATE BY ILI , , kJ' A LL1_ . 4 9 DATE fr DATE AlW _id ...di A-air -Zoe 40P COUNCIL F " 7 BER ATTEST: ...d P i G40/1 AlL.Z. CITY 4,IERK MAYOR