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
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CITY MEN MAYOR
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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.
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