HomeMy WebLinkAbout09/29/1981 Study Session L.85 •
SEPTEMBER 29, 1981
STUDY SESSION
The City Council met in session on this date at 1:30 P.M. in the Council
chambers of City Hall, Yakima, Washington. Council members present were
Mayor Betty L. Edmondson, Clarence Barnett, Henry Beauchamp, Lynn
Budhanan, Lynn Carmichael, Shirley Doty and Don Hinman.
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1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council members discussed the appointments to the Cable TV
Advisory Committee. Council member Carmichael stated that
George McCormick has moved out of town and should not hP
considered for appointment. She stated they have a second
recommendation to allow the members to set the term length by
lot when they organize. Discussion followed on whether the
ordinance would permit this or not. It was the general
consensus of the Council to have the Committee set the terms.
Council member Barnett pointed out that Doyle Hardy is now
Senior Pastor instead of Associate Pastor. Mayor Edmondson
commented that two of the individuals being recommended for
appointment have lived in the City a relatively short period
of time. She recommended the appointment of Terance Massoth
who has lived in Yakima a long time and is familiar with the
City. It was MOVED by Beauchamp to accept the Mayor's
recommendation on the change to substitute Terance Massoth for
John Maxon. The Motion died for lack of a second. It was
MOVED by Hinman, seconded by Doty, to accept the COmnittee's
recommendation for appointment to the Cable TV Advisory
Commission. Carried by 6-1 voice vote. Edmondson voting nay.
Mayor Edmondson named the Commission members as follows:
Linda Patricia Dobbs, Ermelindo Escobedo, Audrey J. Fetters,
Cherie L. Hanses, Melanie Suzanne Low, Randall L. Marquis,
John A. Maxon, Robert G. Plumb, and Roberta P'Pool. Bruce
Crest, Cable TV Coordinator stated that the first
organizational meeting will be held October 8, 1981 and after
that, he will bring Council the results of the drawing for
length of terms.
Council member Doty inquired if the amount of insurance being
required for the proposal to provide transportation of elderly
and handicapped can be changed because of the financial impact
on the taxi companies. Mayor Edmondson stated that this item
was discussed previously and the Council voted for the
recommendation from staff on this. She stated that before
this can be discussed, it must be brought up by a Council
member who voted in the affirmative. Council member Hinman
stated he will bring this up for discussion and ask Council
member Doty to speak for him. Council member Doty commented
that she did not know at that time that the cab companies were
exploring the possibility of getting that insurance coverage
and the price is exorbitant for the number of fleet they have.
City Attorney Andrews replied that that amount can be changed,
depending on what stage in the process this is in. Willis
White, Director of Public Works stated that the bids will be
opened on October 5, 1981. City Attorney Andrews stated there
could be an addendum to specifications and the companies could
be advised. This subject was discussed further, however, no
action was taken.
2. REVIEW OF 1980 PRELIMINARY AUDIT REPORT
City Manager Zais explained the process of the audit performed
by the State Examiners. Discussion followed regarding the
Capitol Theatre accounting techniques and the sewer plant
assets. Don Horan stated he overlooked reporting on the
addendum to the audit with respect to the UMTA grant. UMTA
has denied the eligibility of our claim that $18,649 was an
eligible cost for interest on a long term debt and $644,000 as
an allowable expense for depreciation. He stated that we will
have to give in on the depreciation, however, we will state
that it was a short term loan and a short term loan is
reimbursable. It was MOVED by Carmichael, seconded by
Beauchamp to accept the report and commend staff on the
preparation of it. Unanimously carried by voice vote.
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SEPTEMBER 29, 1981
3. REPORT ON TELEPHONE TAX INCREASE
Don Horan, Director of Finance, explained the new legislation
pertaining to the telephone company's hardware, i.e.,
telephones, and telephone equipment, which will now be taxable
under retail sales tax. He further reported that the City had
not been taxing long distance phone calls, which he recommends
now be done. He referred to the figures given on the
attachment to his report and recommended that the City include
taxing the long distance calls. He stated that when there is
a poor economy, people will reduce their long distance calls
and the revenue could be flexible. He stated he projected an
increase of revenue of $110,000. It was MOVED by Hinman,
seconded by Barnett to accept the staff report dated 9/23/81
and request staff to prepare the appropriate legislation to
apply the 5% utility tax to include the long distance calls.
Unanimously carried by voice vote.
4. EXECUTIVE SESSION RE PROSPECTIVE LITIGATION AND AIR TERMINAL
SECURITY PROGRAM MEASURES
It was MOVED by Carmichael, seconded by Beauchamp to move into
Executive Session for the purpose of discussing prospective
litigation and air terminal security program measures.
Unanimously carried by voice vote.
BUSINESS MEETING
5. ROLL CALL
At 3:10 P.M., Council members commenced the regular meeting,
Mayor Edmondson presiding, Council members Barnett, Beauchamp,
Buchanan, Carmichael, Doty, and Hinman and City Manager Zais
and City Attorney Andrews present on roll call.
6. INVOCATION
The Invocation was given by Council member Beauchamp.
7. 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.
Mayor Edmondson advised Council that It No. 10 would have to
be continued until another time as staff is unprepared.
Council member Barnett requested that It No. 17 be removed
from the Consent Agenda. Council member Carmichael requested
that Item NO. 19 be removed from the Consent Agenda. Ines
Rice requested that Item No. 11 be removed from the Consent
Agenda. The City Clerk then read the Consent Agenda items
including resolutions and ordinances by title. It was MOVED
by Hinman, seconded by Carmicthael 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. MINUTES
The Council minutes of September 1 and 3, 1981, were approved
having been duly certified accurate by two Council members and
no one present wishing to have said minutes read pUblicly.
9. AUDIENCE PARTICIPATION
Kathryn Mel ford, 907. Central Avenue, requested that Council
advise staff to put up temporary "no parking" signs on the
south side of Central Avenue, due to the problems with traffic
created fran the Fair. Ms. Melford explained to Council that
there are several children playing in the area and they were
still experiencing traffic problems. It was MOVED by Hinman,
seconded by Beauchamp that staff be instructed to place
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SEPTEMBER 29, 1981
temporary "no parking" signs on the south side of Central
Avenue from 8th Street to Fair Avenue, until the end of the
Fair and that staff also prepare legislation and a report
regarding the traffic situation during the horse races.
Unanimously carried by voice vote.
Sharon Peddie, Yakima, and John A. Kline, 1120 So. 41st
Avenue, were before Council representing several citizens
within the City of Yakima, to ask for clarification on
foreclosure proceedings for delinquent irrigation assessments.
Mr. Kline quoted several RCW's pursuant to the Washington
state laws on foreclosures. Mr. Kline asked Council the
following questions re the foreclosures: 1) Do you consider
the act of force selling a citizen's property routine
business? Mayor Edmondson responded that she felt the Council
had a responsibility to enact legislature. 2) As a matter of
public record, may it be known who stated that the punishment
was not too severe contrary to Article 8 of the Constitution?
Mayor Edmondson responded that she did not know. 3) What law
authorized the Council to do this? Mayor Edmondson responded
that RCW State law is the means for which foreclosures are
done. 4) Of 10,000 bills that were sent out for this
assessment, only five did not pay, did the Council think that
there might have been a problem of these five people not
paying their bill? Mayor Edmondson responded that she could
not go into great detail on the subject because of pending
litigation, but thanked both Mr. Kline and Mrs. Peddie for
their concern. 5) Mayor, can you give a legal description of
your property right now? Mayor Edmondson responded that she
knew it was in the Libbert Addition. Sharon Peddie asked why
the alternative procedure was not followed, and why Council
feels it was too expensive to do so? Mayor Edmondson
explained that this process has been followed ever since she
could remember. Mayor Edmondson also explained that they were
working with the legislature to change the laws concerning
foreclosures to include home rule. Council member Hinman
explained that all of the Council members felt bad about the
foreclosure proceedings. Mr. Kline advised that on next
Monday, Tuesday and Wednesday, October 5-7, 1981, law classes
would be held at the Town Plaza by Freeman University, to
provide information to the public on their rights concerning
foreclosures.
Mayor Edmondson advised Council that this week was Central
Washington Fair Days.
10. RESOLUTION VACATING UTILITY EASEMENT AT 1111 AND 1113 PLEASANT
Continued one week.
11. RESOLUTION AUTHORIZING THE PURCHASE OF BUS SHELTER WITHOUT CALLING
FOR BIDS.
Ines Rice, 4409 W. Arlington, questioned whether the City was
complying with State law without calling for bids? Mrs. Rice
stated that she Objected strongly to the City doing so.
Council member Doty explained that it had been included in the
grant request but the grant had been delayed. She advised
that it was considered an emergency to purchase the bus
shelter since bad weather was caning up. City Manager Zais
also advised that it was not uncommon to come before Council
and request an emergency bid. The City Clerk read the
resolution by title only, it was MOVED by Hinman, seconded by
Doty to adopt the resolution. Carried by 7-0 roll call vote.
RESOLUTION NO. D-4548, A RESOLUTION authorizing the purchase
of a bus shelter without calling for bids.
*12. RESOLUTION AUTHORIZING ACCEPTANCE OF THE ADAP 07
RESOLUTION NO. D-4549, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute a Grant Agreement with the Department of
Transportation, United States of America, for an airport
development project.
SEPTEMBER 29, 1981
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*13. SET DATE OF HEARING FOR RALPH HOLMES ANNEXATION
The date for the hearing on Ralph Holmes annexation, 1809 W.
Lincoln Avenue, was set for October 13, 1981, at 8:00 P.M.
*14. RESOLUTIONS ORDERING SEGREGATION OF AN ASSESSMENT IN L.I.D. NOS.
992, 993 and 994
a. RESOLUTION NO. D-4550, A RESOLUTION ordering segregation of an
assessment in Local Improvement District No. 992.
b. RESOLUTION NO. D-4551, A RESOLUTION ordering segregation of an
assessment in Local Improvement District No. 993.
c. RESOLUTION NO. D-4552, A RESOLUTION ordering segregation of an
assessment in Local Improvement District No. 994.
15. ORAL REPORT RE YAKIMA RIVER BASIN SMALL HYDROELECTRIC DEVELOPMENT
Larry Wright, Acting Director of Community and Economic
Development, explained tb Council that in the last few months,
the City had received various proposals from persons
suggesting some ways to maximize the development of hydro-
electric power within the Yakima River Basin area. Mr. Wright
introduced John Mayo, who has been aiding the City in that
direction. Mr. Wright told Council that it was staff's
recommendation to send back the letter fran Mr. Beyer, dated
August 4, 1981, indicating that the City would be interested
in participating in the investigation. He explained that this
did not commit the City to any expenditure of revenues at this
time. Mr. Mayo gave a brief oral report on hydroelectric
energy. Mr. Mayo explained that he had received word today
fran FERC that hybrid applicants are not of standing, which
will eliminate a lot of the problems. It was MOVED by Hinman,
seconded by Doty to direct staff to pursue the possibilities
of hydroelectric power and report back to Council.
Unanimously carried by voice vote.
16. REPORT ON WASTEWATER TREATMENT PLANT ODOR PROBLEMS
Tam Day, Wastewater Facilities Manager, gave the Council a
brief overview of the report. Mayor Edmondson asked if he
felt there would continue to be a minimum odor? Mt. Day
replied that if it is a problem now, it will continue to be
unless some capital improvements are made suet' as surface
aeration. Council member Beauchamp questioned if there was
any Chance that the lagoons could get cleaned out and start
all over again? Mr. Day responded that they would be doing
that on a regular basis every four to five years, but to do it
now would be a wasted effort. He stated that they are no
longer having to use sodium nitrate at this time. Council
member Barnett questioned What would happen this winter? Mr.
Day said that most likely it would freeze and when it is
capped, there is no odor emission. Council member Barnett
asked if they would have any materials on hand next spring in
case the odors would come back? Mr. Day explained that they
do not have the facilities to store it. Mr. Day advised that
there had been 25 tons of sodium nitrate used so far. Council
member Carmichael asked what the impact of aerators would have
on the grant? Mr. Day replied that the Engineers have
contacted DOE on the odor problem and the possible use of
aerators, requesting they reconsider aerators being covered by
the grant. It was MOVED by Hinman, seconded by Buchanan to
accept the report. Unanimously carried by voice vote.
17. ORDINANCE FIXING AND LEVYING AMOUNT OF AD VALOREUM TAXES FOR 1982.
Council member Barnett remarked that he felt this ordinance
too important for no comments to be made. Barnett questioned
why the City considered their levies prior to the time that
the budget has been finalized? Don Horan, Finance Director,
stated that the City must submit the levy on or before the
first Monday of October and this being the last Council
meeting befOre that date, the City is estimating the tax
SEPTEMBER 29, 1981 !i 8 8
receipts needed for the year 1982. Mr. Horan told Council
that regardless of what they submit, the County will allow 6%
of the dollars received in 1981; and the assessed valuation
has no bearing on the tax base unless you lift the lid. It
was MOVED by Carmichael, seconded by Beauchamp to approve the
ordinance. Unanimously carried by roll call vote.
ORDINANCE NO. 2553, AN ORDINANCE fixing and levying the amount
of ad valoreum taxes necessary to balance estimated revenue
with estimated expenditures for the 1982 budget for the City
of Yakima.
*18. ORDINANCE APPROPRIATING MONEY WITH THE AIRPORT IMPROVEMENT FUND
ORDINANCE NO. 2554, AN ORDINANCE amending the 1981 Budget for
the City of Yakima and appropriating money within 361-Airport
Improvement Fund for expenditures during the year 1981.
19. ORDINANCE LIMITING THE TERM OF OFFICE OF MAYOR
It was MOVED by Hinman, seconded by Doty that the ordinance be
approved. Council member Carmichael explained to Council her
feelings on limiting the term of office of Mayor. Carmichael
said that she felt that Mr. Barnett, being a new member of
Council, should be are of the discussions that have occurred
regarding the subject. She also told Council that she felt
that the feeling might have changed since it was first
discussed. Council member HiMman told Council that he was in
favor of the Ordinance. Mayor Edmondson told Council that she
felt that Council already had the responsibility every two
years to elect a new Mayor or re-elect the one in office. The
question was called for the vote on the motion. Motion failed
by 4-3 vote. Barnett, Beauchamp, Carmichael and Edmondson
voting nay.
20. OTHER BUSINESS
Council member Carmichael advised that at the end of this week
there will be an AWC Board of Directors organizational
meeting. She also requested clarification on whether it was
appropriate to advise. AWC of representative Bickham's proposal
re changing of state law on foreclosures. It was MOVED by
Hinman, seconded by Beauchamp that AWC be asked to pursue
changing the law re foreclosure proceedings with emphasis on
home rule. Unanimously carried by voice vote.
Council member Doty asked if Council was going to attend the
Regional Planning Commission meeting as a Council? Mayor
Edmondson advised that the Regional Planning Commissioners
would advise Council as to their attendance, but that Council
members were welcome to attend as citizens if they so wished.
ITEMS OF INFORMATION
Memo from Director of Public Works re: Year-end Sealcoat
Report. 9/17/81; memo from Acting Director of Community and
Econamic.Development re: Update on Senate Bill 898. 9/21/81;
letter from Yakima Public Schools to City Traffic Engineer re
Englewood Walkway. 9/22/81.
21. ADJOURNMENT
There being no further business to cane before the Council, it
was MOVED by Hinman, seconded by Carmichael that the meeting
be adjourned at the hour of 4:30 P.M. Unanimously carried by
voice vote.
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