HomeMy WebLinkAbout09/08/1981 Study Session SEPTEMBER 8, 1981 4 7 1
STUDY SESSION
The City Council met 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, Clarence Barnett, Henry Beauchamp, Lynn
Budianan, Shirley Doty and Don Hinman. Council member Carmichael
present after 6:45 p.m.
1. OPEN DISCUSSION FOR I'HE GOOD OF THE ORDER
There was discussion regarding the delivery of Council packets
to the Council candidate's homes, Council member Doty
expressing her concern about using staff time and a vehicle to
do that. It was the general consensus of the Council to refer
this to the City Manager.
2. PRELIMINARY BUDGET FORECAST FOR 1982
(Council member Carmichael present after 6:45 p.m.) City
Manager Zais cammented on the forecast format, including the
new section on policy issues. He gave information on the
projected budget deficit for 1982 and stated there are several
alternatives given for possible reduction. He referred to the
information regarding projected revenues for the balance of
1981 and stated that a number of expenditure controls will be
instituted. Council member Hinman inquired about any
recommendations the Committee on City Finances may have
developed. City Manager Zais reported that the Committee has
met , a few times, however, there probably won't be a report
fran them this year. He reported there have been meetings
with the various departments regarding their budgets. Mayor
Edmondson asked how much the furlough system would save and if
it is allowable. City Manager Zais stated that the question
of its being allowable would have to be research ed because it
is not addressed in the collective bargaining agreement and
the savings would be about $32,000. Mayor Edmondson commented
that the maintenance of the downtown core area should be put
on the PBIA assessment, which led to a discussion on the
original philosophy of the PBIA. Council member Hinman
suggested cuts in those departments that have spent above
their budgeted expenditures, most of them being divisions that
serve other departments. There was a brief discussion
regarding the budget for the State Examiners, who perform the
audit on the City. Speaking about a timeframe, City Manager
Zais stated that Council can think about this another we and
address it at the next study session.
3. EXECUTIVE SESSION
It was MOVED by Hinman, seconded by Buchanan to move into
Executive Session for the purpose of discussing property lease
negotiations. Unanimously carried ,by voice vote.
BUSINESS MEETING
4. ROLL CALL
At 8:00 p.m., the 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.
5. 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
deletions from either Council members or citizens present.
Mayor Edmondson stated that there is an off-agenda item, No.
,15-A, to set a date of hearing for the Dentan Planned
11:72 SEPTEMBER 8, 1981
Development to appeal the 9/1/81 decision of the Planning
Commission to deny the rezone. It was MOVED by Doty, seconded
by Carmichael to set a date of hearing on this for September
22, 1981. Unanimously carried by voice vote. Council member
Barnett requested that It No. 11 be added and Council member
Doty requested that Item No. 18 be added to the Consent
Agenda. John Klingele, a citizen, requested that Item Nos. 15
and 15-A be removed from the Consent Agenda. It was the
general consensus of the Council that the addition of Items
No. 11 and 18 and the deletion of Items No. 15 and 15-A, as
requested, be made. The City Clerk then read the Consent
Agenda items, including resolutions and ordinances by title.
It was MOVED by Carmichael, seconded by Beauchamp that the
Consent Agenda, as read, be passed. Unanimously carried by
roll call vote. (Subsequent paragraphs preceded by an
asterisk (*) indicate it on the Consent Agenda handled
under one motion without further discussion.)
*7. MINUTES II/
The Council minutes of August 17 and 18, 1981, were approved,
having been duly certified accurate by two Council members and
- no one present wishing to have said minutes read publicly.
8. AUDIENCE PARTICIPATION
PROCLAMATIONS
Mayor Edmondson proclaimed the week of September 5-12 as
National Association of Women in Construction Week.
She also proclaimed September 12 as Aviation Industry Day
honoring Decoto Aircraft, a subsidiary of Dowty Group. Gary
Webster, Chamber of Commerce, outlined the events which will
occur at the airport and Decoto Aircraft on Saturday honoring
60 years of business with Yakima by Decoto Aircraft and Dowty
of England's 50th anniversary.
Mayor Edmondson proclaimed the week of September 12-19 as
Greenway Week in Yakima and presented the proclamation to
Nadine Lee, Yakima River Greenway Foundation member.
Mayor Edmondson proclaimed the weekend of September 19 and 20,
' 1981 as Yakima Valley Shrine Weekend. She reported they will
be holding their first free mini clinic for children with
orthopedic problems on Saturday, September 19, 1981 at St.
Elizabeth Medical Center at the Physical Therapy Clinic
between 9:00 a.m. and 3:00 p.m.
9. APPEARANCE BY CITIZENS FOR COMMUNITY AWARENESS RE REQUEST FOR
LEGISLATION TO PROHIBIT POSSESSION OF MARIJUANA
Betty Gridley, co-dhairman of the committee, 6603 Appleview
Way, read their request dated September 8, 1981 requesting
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legislation be prepared to prohibit the possession of
marijuana under 40 grams, as follows: We would like to
request that a city ordinance be adopted that would make it a
misdemeanor to possess under 40 grams of marijuana within the
city limits of Yakima, Washington.
' The rationale for this request is as follows:
1. At the present time there is a state statute that deals
with the possession of controlled substances which
includes marijuana. However, because it is a state
offense, it takes a policeman anywhere from 1-11/2 hours to
process. 1) The arrest is made; 2) The offender is
transported to the Police Department; 3) The offense
report is completed; 4) A complaint is filled out; 5) The
marijuana is tested; 6) The offender is taken to the
county jail; 7) The booking sheet is completed; 8) The
offender is booked. 9) The substance is labeled with a
property tag; 10) The substance is taken to the vault.
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SEPTEMBER 8, 1981
2. If the ordinance were paSsed making possession of less
than 40 grams of marijuana a misdemeanor, this process
could be completed in approximately 15 minutes. A simple
criminal citation could be issued similar to a traffic
ticket once the substance was tested and found to be
marijuana.
3. Currently fewer arrests are being made for possession of
less than 40 grams of marijuana because of the lengthy
process. Users, particularly young people, are are of
this and often are into more sophisticated drugs before
it is brought to the attention of those persons who could
help them the most -- their parents. If the person
caught in possession of marijuana, was a minor, parents
would be notified at the time and hopefully would be able
to deal with their dhild's drug involvement at a much
earlier stage.
4. Adult offenders would appear in City Court as opposed to
District Court. Juveniles still would be processed
through Juvenile Court.
It has cane to Our attention that other cities in the Yakima
Valley have city ordinances as we are requesting.
Thank you for your consideration in listening to our request.
Several persons would like to add their comments and support
this request.
She showed an example of what the amount of 40 grams of
marijuana would be, using parsley, and stated that .amount
Would make 40 to 50 cigarettes and joints are smaller. Those
citizens present speaking in support of preparing this
' legislation were: Teresa Gipson, 201 So. 58th Avenue; David
Paul, 27 So. 4th Street; Eva Coombs, 1310 Pleasant; Jim
Wheeler, 402 Pear Ave.; Keith Jones, 110 No. 55th Ave.; James
Talbot, 2409 Englewood; Tara Gridley, 6603 Appleview Way; Al
Kinsley, Counselor, Yakima School District; Myra Tillman, 705
So. 4th Street; Ken Stone, 5907 Douglas Drive, Director of
Pharmacy at St. Elizabeth Medical Center; Helen Hinman, 4605
Scenic Drive, High School Counselor; Tom McCormick, 210 No.
7th Street; Teresa Crystal, 1211 So. 30th Avenue; and Veronica
Lopez, 308 No. 61st Ave. Following discussion regarding the
cities which have ordinances prohibiting possession of
marijuana in the amount of less than 40 grams, and the
enforcement of those ordinances, it Was MOVED by Beauchamp,
seconded by Carmichael to refer this matter to staff in terms
of consideration of enacting an ordinance and review the
legality of it. City Attorney Andrews stated that one of the
instructions is impossible to comply with from a legal stand-
point and an ordinance like this would not serve one of the
positions that is proposed. A City ordinance prohibiting the
possession of marijuana could not be made applicable to
juveniles. He reported that anyone under 18 years is referred
to the juvenile court and that process would follow regardless
of a City ordinance. Council member Hinman suggested that
staff be directed to make this type of thing a misdemeanor,
but contact the juvenile court to look at a policy to address
the drug problem and look at a system like this. City
Attorney Andrews reported that his office, the County
Prosecutor's Office, Police Department and District Court
Judges are reviewing a process by which the criminal citation
could be issued for violation of the State Statutes. This
would be a state violation and would streamline the process.
The question was called for the vote on the motion.
Unanimously carried by voice vote.
10. APPEARANCE BY REV. DAVID J. BROWN, YAKIMA BIBLE BAPTIST CHURCH RE
DAMAGE CLAIM
Rev. David J. Brown, Yakima Bible Baptist Churdh, explained
that they receive irrigation water from Yakima Valley Canal
Company and due to a break in their line, they have not
received any irrigation water this spring, which resulted in
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SEPTEMBER 8, 1981
the loss of two acres of grass they had planted in the fall.
He explained the circumstances which involved the City in a
damage claim he sdbmitted, because the line was damaged when
the sewer line was installed in the West Valley area. He
requested guidance in having this damage claim settled. City
Attorney Andrews reported that the claim was filed in June,
1981 and it was referred to the City's insurance canpany and
it was determined that the City crew was not responsible since
the work was performed by a private contractor, Low's Crane &
Excavating. He stated that when a private contractor performs
work for the City, he is required to obtain insurance and name
the City as an additional insured party. He stated that the
insurance company for Low's is the same agency the City uses.
He further reported that some other research was done that
shows that this irrigation line had not been in service for 15
years or so and was apparently abandoned. He stated that this
sewer line was installed in 1977-78. He stated that any
damage arising from this should he covered under the
contractor's insurance, if liability is found. He stated
there was determination made by the City's insurance adjuster
that the City is not liable under its policy. In response to .
the Mayor's inquiry, Rev. Brown stated that he has not talked
with the contractor, however, he did receive the letters from
the City. He further stated that the line had been used up to
that *time. It was suggested that Rev. Brown contact the
contractor.
*11. ENVIRONMENTAL PROTECTION AGENCY GRANT AMENDMENT FOR STEP 02 GRANT
FOR WATER POLLUTION CONTROL FACILITIES
RESOLUTION NO. D-4541, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute an agreement accepting an offer from the United States
Environmental Protection Agency for a grant of funds to aid
construction of water pollution control facilities.
*12. REINSTATEMENT OF POLICY RE EXTENSION OF WATER AND SEWER SERVICES
OUTSIDE THE CITY LIMITS
RESOLUTION NO. D-4542, A RESOLUTION reinstating the policy of
the City of Yakima -regarding the extension of water and sewer
service outside the corporate limits of the City, as stated in
City of Yakima Resolution No. D-1250; and repealing City of
Yakima Resolutions Nos. D-4344 and D-4449.
*13. PURCHASE CHEMICALS WITHOUT CALLING FOR BIDS FOR WASTEWATER
FACILITIES
RESOLUTION NO. D-4543, A RESOLUTION ratifying the purchase of
chemicals without calling for bids, and repealing Resolution
No. D-4535.
*14. FINAL PAYMENT ON HIGH ZONE 1-MG RESERVOIR PROJECT
II/
The report from the Director of Engineering and Utilities,
dated 9/1/81, with respect to the completion of the work on
the high zone 1-MG reservoir, performed by U. S. Tank &
Construction Company, was approved, the work accepted and
payment of the final estimates as therein set forth was
authorized.
15. SET DATE OF HEARING ON MAYER CORPORATION PLANNED DEVELOPMENT
LOCATED AT 56TH AVENUE/TIETON DRIVE, TANCARA SUBDIVISION
John Klingele, a citizen, questioned if Council wants to set
two hearings on the same day, both of which will take a long
time. He questioned if it would be fair. City Manager Zais
stated that the hearings could take a long time, but other
items on the agenda could be limited. It was MOVED by Doty,
seconded by Carmichael that September 22, 1981, be set as the
date of hearing on the planned development rezone request
filed by Mayer Corporation for the Tancara Subdivision.
Unanimously carried by voice vote.
SEPTEMBER 8, 1981 75
15A. SET DATE OF HEARING ON DENTAN PLANNED DEVELOPMENT REZONE LOCATED AT
401 SOUTH 13TH AVENUE
Mayor Edmondson stated that the notion to set this date of
hearing has already been adopted.
*16. OUT OF STATE TRAVEL FOR CABLE TV COORDINATOR
The out of state travel for A. Bruce Crest, Cable TV
Coordinator, to Boulder, Colorado, to attend the First Annual
Conference of National Association of Telecommunication
Officers and Advisors; October 21-24 at a cost of $890.50, was
approved.
11/ 17. AN ORDINANCE APPROPRIATING FUNDS FOR THE YAKIMA CENTER STORAGE
ADDITION - SECOND READING
ORDINANCE NO. 2548, AN ORDINANCE amending the 1981 Budget for
the City of Yakima by appropriating the amount of $36,000
within 370-Capital Improvement Fund for Convention Center for
expenditure during 1981.
18. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN RE FIRE
DEPARTMENT PERSONNEL
Council member Doty questioned the reclassification of two
full steps for the Alarm Supervisor. Larry Wittenberg,
Assistant City Manager, explained the process for establishing
a salary, stating that a 10% differential is used for
separating the salary from the supervisors and those
supervised. He stated that a range is 5% and the Alarm
Supervisor supervises the fire dispatchers. Ordinance No.
2549 having been read by title, it was MOVED by Budhanan,
seconded by Doty that the Ordinance be passed. Unanimously
carried by voice vote.
ORDINANCE NO. 2549, AN ORDINANCE relating to City personnel;
adopting a classification and compensation plan for City
employees to be effective October 10, 1981; amending Sections
2.20.100 and 2.20.110 of the City of Yakima Municipal Code.
*19. AN ORDINANCE ESTABLISHING SPECIAL ELECTION FOR STREET LIGHT BOND
ISSUE
ORDINANCE NO. D-2550, AN ORDINANCE of the City Council of the
City of Yakima, Washington providing for the submission to the
qualified electors of the City at a special election to be
held on November 3, 1981, of the proposition of whether or not
the City should issue its general obligation bonds in the
aggregate principal amount of $2,200,000 for the purpose of
providing funds to acquire additional street lighting
facilities and to construct, install and equip a high pressure
sodium
street lighting system throughout the City and
declaring an emergency.
20. OTHER BUSINESS
Council member Carmichael stated she feels it is important for
the City to have some representation at the National League of
Cities Conference in Detroit. She commented that there should
be some money left in the budget for that. Mayor Edmondson
suggested discussing this at another time.
INFORMATION ITEMS
Items of information supplied to the Council were: memo from
Director of Public Works re Old Mill Ditch at 16th Ave. &
Cherry St. 8/21/81; emergency activity report for August,
1981 from Yakima Fire Dept.; project reports from the
Engineering Division for the month of SepteMber, 1981; monthly
reports of Cod Administration Office activities for August,
1981; manthly report of Permit Center for August, 1981;
minutes of Civil Service Commission meeting on August 6, 1981;
minutes of Board of Adjustment meeting on August 25, 1981; The
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SEPTEMBER 8, 1981
Mayor, Vol. 48, No. 16, August 15, 1981; Yakima Senior Center
Information Pamphlet; and COG Newsletter, Vol. 7, No. 9,
9/4/81 and A-95 Review.
21. ADJOURNMENT
There being no further business to cane before the Council, it
was MOVED by Carmichael, seconded by Hinman that this meeting
be adjourned at the hour of 9:30 p.m., to then meet at
11:00 a.m. on Monday, September 14, 1981 at the Yakima Center
for a joint meeting of the County Commissioners and Joint
Planning Commission regarding the Urban Area Plan.
Unanimously carried by 11 vote.
READ AND CERTIFIED ACCURATE B 0 DATE/(2-138)
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