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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. • 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. L:,06 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 87 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 45 *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. la READ AND CERTIFIED ACCURATE BY 'IV AA ,, ! 1/ DA T E 440, CIL R _ DATE h - .27- i COUNCIL Trm R ATTEST: 1 ' / ■&4 P64140%6`e/ CITY 0# RK /MAYOR