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HomeMy WebLinkAbout07/14/1981 Study Session L. 07 JULY 14, 1981 STUDY SESSION The City Council net in session on this date at 6:30 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 OF THE ORDER It was noted that the committee of the Council to screen applications and to recommend membership on the Cable TV Advisory Commission, Wil mako recommendations—to the Council as &whole.. Theirembers of the Committee are Buchanan, Carmichael II/ & Doty. After discussion, it was also noted that although the th Committee of the Council had been appointed, no chairman had been appointed. It was suggested that Council member CarmiChael be appointed Chairman and the Council members concurred. Council member Carmichael stated that in the information packet, there is a letter from Kent Swisher asking for information from those who attended the Association of Washington Cities Conference in Yakima. She made particular note of the last page in which mention was made of whether they would like the 1984 Conference in the Tri -Cities or in Yakima again. Council member Crest stated that in Spokane during Audience Participation time, a five minute per person limit was given for speaking and suggested that the reorganization cammittee of the Council might propose this change in procedure for Yakima. Mayor Edmondson stated that there had been a long time policy by which the Mayor has requested persons speaking, especially if there are several, to try and limit their presentation to five minutes. There was discussion on whether this should be a written policy or just a reminder given to the people. It was the general consensus to try the idea of noting on the agenda that the presentations should be limited to 2 to 5 minutes. Council member Doty stated that she would like to publicly note and also to send a letter to Elsie Gregorich, Brown Avenue, for her efforts in delivering a flyer to persons living in a 6-8 block area to notify them of the neighborhood meeting held last Wednesday at the Salvation Army building. It was the general consensus that a letter should be sent to her. Larry Wittenberg, Assistant City Manager, introduced Annette Wine, Administrative Intern, who will be working on the guidelines for appointments to boards and commissions. She will be asking questions and working with the Ad Hoc Committees of the Council. 2. REPORT ON PROPOSED CITY/COUNTY AIRPORT JOINT VENTURE AGREEMENT Larry Wittenberg, Assistant City Manager, reviewed his summary explanation and the attachments. He stated that Airport operations have stabilized, that there has been a change in Airport Managers, some good progress has been made and there were some new lease agreements in April. Also, they are commencing negotiations with the air services. He noted that in proposing City/County operations of the Airport, that it will be a joint venture, that they will be dealing with fixed based operators, property and passengers in the County and the City and will be sharing any financial burden. He reported that the proposal is endorsed by the Airport Advisory Commission and noted that the Chairman, Bill Almon is present to answer any questions from the Council. Also, the Chamber of Commerce membership is supportive of the proposal. Airport Manager, Gary Robbins, showed mid-year expenditures and revenues on flip charts and reviewed the status of the Airport budget. He explained that in working to increase revenues, fr 0 JULY 14, 1981 they have also been very careful to hold down expenditures. There was discussion regarding the updating of the lease agreements and negotiations with the airlines. It was explained that a great deal of the progress that has been made in the last few months on the leases has been due to Annette Wine, the Administrative Intern who has been working with these. In answg to questions fran Council members regarding some businesses Airport being in arrears in payments, it was noted that the situation is better than the previous year and there has been assistance fran the Legal Department in collecting these. Airport Manager Robbins also explained various efforts to gain new revenue for the Airport. There was also discussion regarding the engaging of architectural services to upgrade the terminal which .is necessary to bring the building up to code. After discussion, it was MOVED by II/ Hinman, seconded by Buchanan to accept the report, direct staff to proceed as outlined and contact the County Commissioners. Unanimously carried by voice vote. 3. REPORT ON MID-REVENUE STATUS AND YEAR-END PROJECTIONS FOR GENERAL GOVERNMENT AND ENTERPRISE FUNDS Don Horan, Finance Director, gave an overview of revenues in the General Fund and the Enterprise Funds. He reviewed his staff report on Six Month Revenue Results and Projections, referring to the attached dhart which illustrates revenue results by major category, as compared to the same period of time in 1979 and 1980. In the report, he stated that the projecting of revenues and the impact of those projections is an art as opposed to a science, that for the most part, expenditures are controllable, however, revenue is impacted by the economy, area buying habits and past experience. Also, areas of primary concern were discussed in detail in the report, together with areas that are impacted by natural causes (weather conditions) and economic conditions. Revenue categories discussed were: liquor profits, sales tax, motor vehicle excise tax, general property taxes, franchise fees and utility tax fees, tourist promotion, transit tax, airport and transit. Mr. Horan also reviewed the attache d cash balance report for both the Contingency and Revenue Sharing Funds as well as a summary report of investment income for the first six months of 1981, as compared to budget. He stated that in most categories, the City is enjoying the results of high interest rates; however, he is concerned with the General Fund interest incame. After discussion, it was noted that the next report on expenditures, as a comparison to revenues, and the Parks & Recreation operational program budget (both revenue and expenditures), will be presented on July 21, 1981. ' It was MOVED by Doty, seconded by Buchanan, to go into Executive Session to discuss pending litigation. Unanimously carried by voice vote. BUSINESS MEETING II/ 5. ROLL CALL At 8:00 p.m., the Council members commenced the regular meeting with Mayor Betty L. Edmondson presiding. Council members Beauchamp, Buchanan, Carmichael, Crest, Doty and Hinman and City Manager Zais and City Attorney Andrews present on roll call. 6. INVOCATON Invocation was given by City Attorney Fred Andrews. 7. CONSENT AGENDA Mayor Edmondson referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions fran either Council members or citizens present. Mayor Edmondson advised Council that there was another item to JULY 14, 1981 be added to the agenda, a resolution setting a hearing date, and questioned whether or not they wished to put it on Consent Agenda. It was the general consensus of the Council to add Item No. 13-A to the Consent Agenda. Council member Doty asked to remove Item No. 13. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Buchanan, seconded by Doty 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.) 8. HEARING ON RESOLUTION OF INTENTION NO. D-4497 TO CREATE A SEWER LOCAL IMPROVEMENT DISTRICT II/ This being the time fixed for the hearing on Resolution No. D-4497, to create a sewer local improvement district, and there being no one present wishing to speak to this item, the public portion of the hearing was closed. Ordinance No. 2529, having been read by title, it was MOVED by Doty, seconded by Carmichael that the Ordinance be passed. Unanimously carried by roll call vote. ORDINANCE NO. 2529, AN ORDINANCE providing for the improvement of certain property by constructing a pipe sewer with the necessary wye branches and manholes; establishing a local improvement district, providing for the method of payment thereof and creating a special fund. 9. AUDIENCE PARTICIPATION Mayor Edmondson proclaimed the week of July 25-August 2, 1981, as CPR Week. 10. REPORT RE SOUTHEAST YAKIMA RECYCLING CENTER Prior to discussion, Council: members Beauchamp and Hinman were excused due to possible conflict of interest. Ken Coffin, CDBG Manager, reviewed the staff report with Council. Mr. Coffin advised Council that there would have to be a public hearing for allocation of funds, if Alternate No. 2 is accepted. Mr. Coffin also explained that the recycling equipment is at least 5 or 6 years old. City Manager Zais advised that if the Council were to accept the recommendation of staff, one of the other departments, Public Works, has an interest in the truck and possibly the loader. Mr. Coffin stated that the department could pay the fair market value of the equipment, as established by an outside appraiser, to HUD. Mr. Charles Lee and Mr. Pete Optekar of the Southeast Community Center, advised Council that they were also interested in the same two pieces of equipment. They explained that they could came back to Council in four weeks with an alternate proposal, if they would delay any further action on these items. Mayor Edmondson questioned why the Southeast Community Center had taken so long in doming back to the Council regarding this item. She stated that on March 24, 1981, James Posey, a Southeast Community Center representative, advised Council that given some time, they would come back with a proposal. James Posey advised Council that they had not been contacted and were surprised that there had not been any process being developed to solicit proposals for recycling. Mr. Posey stated that it had been the Southeast Community Center's last understanding from Council that the City would prepare a criterian and they would solicit proposals from the rest of the community focused around recycling. Mr. Posey also advised Council that on May 21, 1981, he had sent a letter to Mr. Zais explaining that they were still very interested in the recycling idea, but had not received any reply, until last week. Mr. Coffin explained to Council, that they had the option to sell only part of the equipment and retain the pieces of equipment in question until a later date, if desired. Mr. Coffin also explained that the Southeast Community Center would have to submit a summary of use by July 17, 1981, in order for their proposals to even be 41.0 JULY 14, 1981 eligible for consideration in the new three year Community Development Block Grant Program. After discussion, it was MOVED by Carmichael, seconded by Crest that the City retain the 21/2 ton truck and bob-cat loader until such time that the City has had an opportunity to assess whether or not they can be used in the future program; and direct staff to proceed with selling the remaining equipment. Discussion continued, with Carol Darby, Director of Community Development, advising Council that the CDBG Program would be presented to them on August 4, 1981, and the public hearings will be held August 11 and 18, 1981. The question was called for the vote on the motion. Carried by 4-1 vote. Doty voting nay. Beauchamp and Hinman excused. 11. REPORT FROM TRAFFIC ENGINEER RE LEFT TURN CHANNELIZATION AT YAKIMA AVENUE 9TH STREET INTERESECTION II/ Mayor Edmondson questioned whether or not Mr. Ted Roy, Attorney for Mr. rbin and Mr. Cote were notified on this matter. It was the general consensus of the Council to table discussion on this report for two weeks in order to enable staff to contact the interested parties. *12. FINANCIAL STANDARD REQUIRED BY GAAFR The staff report dated July 8, 1981, was accepted. 13. AUTHORIZATION TO EXECUTE SUPPLEMENT NO. 3 TO WSDOT AGREEMENT RE SOUTH 48TH AVENUE BRIDGE Council member Doty requested clarification on whether this report indicated the State had their portion of the money to match City funds, already allocated for the project. Denny Covell, City Engineer, explained that the project is designed and Engineering is going through the final submittal for the 4-F Statement Environmental Assessment. Mr. Covell advised Council that the federal funds are currently frozen, but hopefully they will be re-evaluated and unfrozen in August. Resolution No. D-4506, having been read by title, it was MOVED by Carmichael, seconded by Buchanan that the resolution be adopted. Unanimously carried by roll call vote. RESOLUTION NO. D-4506, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute Supplement No. 3 to an Agreement with the State of Washington, Department of Highways, for partial reimbursement of costs for replacement of the bridge over Wide Hollow Creek on 48th Avenue. *13-A. SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM RESOLUTION NO. D-4507, A RESOLUTION fixing the time and place for hearing on a Six Year Transportation Improvement Program for the period of 1982-1987. *14. ORDINANCE AMENDING CLASSIFICATION AND COMPENSATION PLAN FOR CITY II/ EMPLOYEES ORDINANCE NO. 2530, AN ORDINANCE relating to city personnel; adopting a classification and compensation plan for city employees to be effective August 15, 1981; amending Sections 2.20.100 and 2.20.110 of the City of Yakima Municipal Code. 15. CONSIDERATION OF ORDINANCE MODIFYING EXISTING RELIGIOUS SOLICITATION LAWS City Attorney Andrews advised Council that there would be a slight stylistic modification of the ordinance. Assistant City Attorney Vanek advised that the existing 'ordinance may be found unconstitutional, and that the amending ordinance would handle that. Mt. Vanek stated that the changes involved had to do with the time of solicitation, the badge solicitors were required to wear, and that the City couldn't differentiate between those people who are solicitating among their own L. 11 JULY 14, 1981 fellow church members and those that are solicitating among people that are not fellow church members. Pastor Dave Kelly, Westside Baptist Church, speaking to this item, advised Council that he was opposed to the idea of a Pastor obtaining a permit for visiting or solicitating his church members and would much rather work with the existing ordinance. Ordinance No. 2531, having been read by title, it was MOVED by Beauchamp, seconded by Carmichael that the ordinance be adopted. Council member Beauchamp questioned whether or not the existing ordinance has the same restrictions on organized church groups. Mr. Vanek advised the Council that the existing Ordinance has a complete exemption regarding organized churches. The question was called for the vote on II/ the motion. Carried by 4-3 vote. Beauchamp, Crest and Hinman voting nay. • ORDINANCE NO. 2531, AN ORDINANCE relating to licenses and business regulations; defining religious solicitation; requiring permits for religious solicitation in public places - ' and private property occupied as' a residence; establishing unlawful acts and providing penalties therefor; and amending Sections '5.72.010, 5.72.020, 5.72.030, 5.72.050 5.72.060, 13.16.060 and repealing Section 5.72.070, all of the City of Yakima Municipal Code. 16. OTHER BUSINESS City Manager Zais advised Council on the equipment that was in question last week. Mr. Zais explained that the most of the pick-ups and sedans had at least 100,000 miles on them, but the Street Division could retain a pick-up which has 62,000 miles on it and shift it to the Sewer Division. Mr. Zais also advised Council that Sunfair Chevrolet had concurred to drop one pick-up from the bid.' Carol Darby, Director of Community Development, advised Council that the Urban Area Plan meeting for next Tuesday, July 21, 1981, would have to be rescheduled for two weeks fran that date, due to staff work that is being done. ITEMS OF INFORMATION Items of information supplied to Council were: letter from City Manager to Chairman, Police and Fire Civil Service Commission, Neil Buren re Yakima Herald-Republic article. 7/9/81; letter from Department of Social and Health Services, re High Zone Pump Station Expansion and 1.0 MG Steel Reservoirs. 7/8/81; letter from Director of Department of Community Development re copy of HUD Open Space Certificate for Southeast Community Center. 7/9/81; memo from City Attorney re damage claims referred to Insurance Carriers. 7/2/81; monthly report of Code Administration Office activities for June, 1981, fran Department of Community Development; monthly report of Permit Center for June, 1981, from Department of Community Development; monthly report for May, 1981, from Yakima Air Terminal; agenda for Parks & Recreation Commission meeting, July 14, 1981, Tuesday, 4:00 p.m. -- Parks Administration Offices, 416 So. 4th Ave.; City of Yakima Board of Adjustment minutes of meeting of June 23, 1981; Downtown Area Redevelopment Committee (DARC) minutes of meeting of July 2, 1981; ANC 1981 ANNUAL CONVENTION QUESTIONNAIRE -- letter from Kent E. Swisher, Executive • Director. 7/2/81; Yakima Valley Conference of Governments bulletin "News in Brief & A-95". 7/2/81 17. ADJOURNMENT It was MOVED by Carmichael, seconded by Buchanan to go into Executive Session at 9:25 p.m. and to reconvene for an off-agenda item. Unanimously carried by roll call vote. ** 16-a. -- OFF-AGENDA ITEM (Inadvertently left out -- see Page No. 412.) 2 JULY 14, 1981 READ AND CERTIFIED ACCURATE till cm ID I: DATE 4 agaiig, COUNCIL m7sTR ATTEST: . • ,Z649,2214101e7 CITY p f MAYOR ** (Inadvertently left out on Page 411) Upon completion of the Executive Session, the Council reconvened to consider an Ordinance enacting a new Chapter, on prohibiting nudity and semi-nudity in II/ premises where liquor is served, sold or consumed, to the Yakima Municipal Code. After discussion, it was MOVED by Doty, seconded by Buchanan that Ordinance No. 2532 be passed. Unanimously carried by io11 call vote. ORDINANCE NO. 2532, AN ORDINANCE relating to public safety and morals; prohibit- ing nudity and semi-nudity in premises where liquor is served, sold or consumed; enacting Chapter 6.10, "Nudity and Semi-Nudity Prohibited On Licensed Premises", and various sections thereof; and declaring an emergency.. II/