HomeMy WebLinkAbout02/26/1980 Business Meeting 452 FEBRUARY 26, 1980
The City Council net in session on this date at 7:00 p.m. in the Council
Chambers of City Hall, Yakima, Washington; Mayor Betty L. Edmondson
presiding, Council members Henry Beauchamp, Lynn Buchanan, Lynn
Carmichael, Shirley Doty and Don Hinman and City Manager Zais and City
' Attorney Andrews present on roll call.
The Invocation was given by Councilman Beaudhallp.
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. Council member Doty requested that
Item No. 19 be removed from the Consent Agenda and Councilman Beauchamp
requested that Item No. 17 and 18 be removed. Councilman Buchanan
requested that It No. 10 be added to the Consent Agenda. It was the
general consensus of the Council that the deletion of Items No. 17, 18
and 19 and the addition of Item No. 10, as requested, be made. The City
Clerk then read the Consent Agenda items including Resolutions by title.
It was MOVED by Beauchamp, seconded by Doty that the Consent Agenda, as
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read, be passed: carried, Beauchamp, Buchanan, Carmichael, Doty,
Edmondson and Hinman voting aye on roll call. (Subsequent paragraphs
preceded by an asterisk (*) indicate items on the Consent Agenda to be
handled under one motion without further discussion.)
This being the time fixed for the hearing on the proposed taxi rate
increase, Council member Doty requested clarification on the increase.
George Kapellas, Diamond Cab Company, who requested the increase, stated
that the only increase requested is in the rate per mile which is a 40
increase. He stated that he requested the deletion of the illuminated
apparatus that says "for hire" because of the difficulty in obtaining
them. William Frazier, driver for Diamond Cab Company urged the Council
to approve this increase. He reported that the cost of gas represents
about ¼ of his inome. It was MOVED by Buchanan, seconded by Beauchamp
that Ordinance No. 2377, providing for the increase of taxi rates, be
passed: carried, Buchanan, Carmichael, Doty, Edmondson, Hinman and
Beauchamp voting aye on roll call.
ORDINANCE NO. 2377, AN ORDINANCE relating to licenses and business
regulations; adopting a schedule of taxicab fare rates and regulating
taxi meters; and amending Subsection 5.78.100(a) and 5.78.100(b) of the
City of Yakima Municipal Code.
This being the time fixed for the hearing on the sale of the Larson
Parking Garage, Lee Senn, Jr., Chairman of the DARC Committee, stated
he is speaking for himself and that he is not opposed to the sale of the
Larson Garage, but he is opposed to the price quoted. He stated that he
is also opposed to the figuring of the value of the parking garage and
the value of the property going to be traded for it. He stated that he
feels that the value of Mr. Kwong's property is too low. He stated that
there has never been a sale in the downtown area for that little an
amount. He does not think this will benefit the property owners on So.
2nd Street to have the value of that property appraised too law because
it will have an effect on their property value. Mayor Edmondson stated
that the appraisal was not done by the City, but by Mr. Ralph Korn. Mr.
S on stated that five years ago the City paid $180,000 for that
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property, not so much for the building, but for the front footage. He
stated that he does not believe the value of the property would drop
that much in five years. Council member Doty stated that the DARC
Committee also expressed concern that the interest rate in the contract
was a hard and fast amount and they felt it should be negotiated to make
it closer to the market rate. Sig Naaz, former renter in the Larson
Garage and now owner of the building that shares a cannon wall with the
garage spoke about the poor condition of the garage, naming broken
waterlines, walls that have fallen and no heating system. He stated
that the building is a disgrace to the City. Mayor Edmondson stated
that as part of the contract, Mr. Kwong will be bringing the building up
to code. Dwayne Anderson, owner of the property at 121 So. 2nd Street,
stated that it is a good idea to sell this property to Mr. Kwong with
the understanding that it will be updated. He stated that he thinks his
name should be stricken from the list of taxpayers because it is of no
value to him. Newell Pock, former Chief of Code Administration, spoke
on behalf of Mr. Kwong. He stated that the City should sell the garage
to Mr. Kwong and get it back on the tax rolls. He stated that it is a
parasite because the condition of the building has deterioriated in the
last five years and he described some of the damage in the building.
Mike Mercy, Mercy Enterprises, stated that he is not against the sale of
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FEBRUARY 26, 1980
the garage, but he is against_ a_private sale. He stated that this
property has never been advertised to be for sale and there might be
people willing to pay a higher figure. He stated that he is opposed to
the low price the City would be accepting and concerned about the 9%
interest rate. Jack Sparling, former Council member and Committee
member reviewing this proposal, stated that during the time of
negotiations, Mr. Sermon was contacted on many occasions. He stated that
former Council member Wonder and himself felt this was a fair deal for
the City. He stated that 9% interest is the fair market rate. Gordon
Wonder, former Council member, put the following figures on the
blackboard for reference:
$180,000 - City paid for Larson Garage
$ 77,500 - plus interest - sale price to Mr. Kwong
$ 42,000 - tw o lots to be traded, which Mr. Semon says is too
low an appraisal.
$ 55,000 - funds needed to bring building up to code
II/ $174,500 - Total
He stated that Mr. Kwong will be paying at least $174,500 and keeping
that garage open for parking for the City. Fred Halverson, Attorney
representing Mr. Kwong, stated that perhaps the City paid too much for
the garage when they purchased it. He stated that the City has a garage
that is costing them $2,000 to $3,000 a month to operate. He stated
that the 9% interest figure was negotiated and if it is too low or the
City wants it to fluctuate off the prime, then it can be renegotiated.
Council member Doty stated that at the last DARC Committee, there were
eight people there who were to the sale because they felt the
land had increased in value. Mr. Mercy stated that all the DARC
Committee wants is a fair price for this property- He stated.that the
City is paying for the $55,000 by taking a lesser amount. Council
member Doty stated that she would like to have same more time to discuss
this-item. Councilman Beaudhav;expressed concern that the possible low
Appraisal on the property would establish a precedent for other property
owners in the area. City Manager Zais stated that the City obtained a
registerd MAI appraisal and Mr. Korn went into on why it was
appraised at this value. It- was MOVED by Doty, seconded by Hinman to
continue the determination of the proposed sale of the Larson Parking
Garage for one Week. Councilman Hinman stated he agrees with Mr.
Sparling that a good*deal'Ilas put together. Council member Carmichael
stated she would like DARC to get together and come back with a formal
statement as a 6: 'ttee. Mayor Edmondson reported that the offer to
sell has to be determined by April 1. The question was called for the
vote on the motion: carried, Beauchamp, Carmichael, Doty, Edmondson and
Hinman voting aye by voice vote. Buchanan voting nay.
Mel Moore, 803 So. 45th Avenue, stated that about 5 months ago he had a
gusher caning from his toilet. The Sewer Division cane and investigated
it and determine that the City sewer line was clogged. He stated that
Whiteside came out and cleaned up the area and he filed a claim with the
City. The City insurance company determined that while the City line
was clogged, the City Sewer Division was not negligent and they were
willing to pay h of the expenses. He stated that he did not accept that
offer and Hartford has now offered to pay 75% of the expenses. Mr.
Moore inquired what alternative is open to him other than legal
alternatives and asked if he could negotiate the claim with the Council.
Mayor, Edmondson stated that this would be referred to the Legal
Department:- ,
City Manager Zais gave sane background information on the Street
Lighting Project on Naches Avenue which left , the sidewalks damaged.
Carol Darby,. Director of Community Development, stated that the Staff
Report requests direction on this 'issue and the whole issue on sidewalk
repair. She-reported that there are other areas rin the community where
the problem is more severe than this one. Councilman Hinman stated that
the City has commitments;to pay for those repairs. He stated he has
concerns With asking owners to pay-part of any sidewalk repair.
Councilman Beauchamp inquired if there are any outstanding obligations
for the ½ gas tax money. Miss Darby stated that if money is used from
that fund for this, it-meansdoing less for the Safety Carilnittee. Mayor
Edmondson suggested using FRS funds and X-A gas tax funds for this and if
the Ccumittee;comes up with a need for more money, then Council
could consider using FRS funds. It was MOVED by Doty, seconded by
Cannichael.to go with the suggestion of staff for $19,000 to be taken
FEBRUARY 26, 1980
out of the School Safety Committee funds and $19,000 taken out of funds
that were set aside for capital outlay and proceed with the repair as
outlined for both sides of Naches Avenue - "G" Street to "B" Street.
Councilman Hinman expressed concern about using the funds set aside for
school safety. It was MOVED by Hinman, seconded by Beauchamp to amend
the motion and have the $19,000 that was going to come fran gas tax
funds came from the FRS Capital Improvement Fund: Beauchamp and Hinman
voting aye by voice vote. Buchanan, Carmichael, Doty and Edmondson
voting nay. The motion failed' for lack of a majority vote. The
question was called for the vote on the motion: carried, Beauchamp,
Buchanan, Carmichael, Doty, Edmondson and Hinman voting aye by voice
vote. Council menber Carmichael requested progress reports on this
project. Councilman Hinman stated that the Council should make a
ccmmitment to the repair of sidewalks City-wide and decided on the
amount of money to be spent and let staff work with that. Miss Darby
suggested using the method used in Spokane and Richland where the City
provides the labor if the property owner provides the material.
Following further discussion, it was MOVED by Carmichael, seconded by
Buchanan to give staff direction to pursue this repair inventory and get
more information: carried, Beauchamp, Buchanan, Carmichael, Doty,
Edmondson, and Hinman voting aye by voice vote.
Council members discussed the staff report written in response to a
citizen's concern aLuut House Bill 4528 regarding designation of Cougar
Lake Wilderness Area. Mayor Edmondson stated that a letter had been
sent to the U.S. Forest Service, telling them that the City was not
taking a position on the Wilderness designation, but the City did want
to advise them of the City's watershed rights. Phil Johnson, a citizen,
spoke about the impact logging in that area would have on the City. He
stated the City could prevent that area from being logged by creating a
wilderness by stopping all egress to that area. The City has the right
to do that nog. Mr. Johnson distributed a proposed resolution the City
could adopt supporting the passage of HR 4528. He expressed concern
about the performance of the Forest Service five year action plan. He
stated that HR 4528 would put most of the City's watershed in the
Wilderness boundaries. Following discussion, Council members indicate
that they wished to have more information on HR 4528 and its impact on
other affected parties beside the City. City Manager Zais stated that
there are some implications regarding political issues by the City and
what Council is permitted to do under 276. It was the general consensus
of the Council to continue this item to obtain further information.
Referring to a motion regarding the granting of $20,000 to cover a
deficit in the Capitol Theatre budget, City Manager Zais reported that
the County has granted $15,000 for -this same purpose. He recammended
that Council use Room Tax Funds/Depreciating Reserve Funds for Yakima
Center. It was MOVED by Beauchamp, seconded by Doty to authorize staff
to prepare the proper legislation re the report as outlined: carried,
Beauchamp, Buchanan, Carmichael, Doty, Edmondson and Hinman voting aye
by voice vote.
*It was MOVED by Beauchamp, seconded by Doty that Resolution No. D-4213,
executing an agreement for microfiche service with Yakima County, be
passed: carried, Beauchav, Buchanan, Carmichael, Doty, Edmondson and
Hinman voting aye on roll call.
RESOLUTION NO. D-4213, A RESOLUTION authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute an agreement for
microfiche services, with Yakima County.
Dick Hilligus, Director of Parks & Receation, informed Council about a
new program to assist communities in the renovation of parks. He
referred to some charts he had prepared, stating that Yakima is one of
seven cities in Washington eligible for 70 to 85 percent funding from
the Federal and State goverment. He stated that not less than 15% must
cane from other donations, FRS, Block Grant funds or General Funds.
City Manager Zais stated that the federal goverment will grant 70%, the
State is considering granting 15% and the City's match will be 15% if
there is a State match. Mr. Hilligus stated that if this resolution is
adopted, it would canmit the City into a five year recreation plan sthich
is needed anyway. He stated that they would allow the City $7,000 for
somebody to acme to work in his department to help work on the five year
plan. He also stated thatthat plan should be done by a staff. The
City would be committod to: prepare a five year action plan for the
entire City by 10/1/80 and the preliminary plan could be submitted prior
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FEBRUARY 26, 1980
to that time and funding could be requested; facilities provided or
improved would have to continue to be adequately maintained, protected,
staffed and supervised; and maintain funding for parks and recreation
budget - the budget could be frozen, but it could not be cut without
cutting other departments proportionately. He suggested the following
programs which could be funded: Southeast Center Parks Wading Pool,
Resurface Larson Tennis Courts, Handicapped Accessibility Projects (for
restroans), automatic irrigation for Elks and Kiwanis Parks, develop
neighborhood parks, special population programs (retarded programs,
senior citizens programs, transportation programs and tough to get money
programs), build multi-purpose courts, and rehabilitation programs
(Lions Pool, heat pump and solar energy system, landscaping, upgrade
Washington and Miller Pools and restrocros at Larson Park). Councilman
Hinman stated that at the NLC Conference there was a workshop on this
program and there is not one city that did not think it was a good
program. Council member Carmichael expressed concern about the
restrictions and obligations of the City in accepting this program and
she suggested continuing this it for one week. Following discussion,
it was the general consensus of the Council to follow the recommendation
of the City Manager and have staff bring back a preliminary draft plan.
*It was MOVED by Beauchamp, seconded by Doty that the report from the
Supervising Sanitary Engineer, dated February 22, 1980, with respect to
the completion of the work on South Broadway Interceptor Sewer
Construction performed by Low's Crane and Excavating, be approved, the
work be accepted and payment of the final estimates as therein set forth
is hereby authorized: carried, Beauchamp, Buchanan, Carmichael, Doty,
Edmondson and Hinman voting aye on roll call.
It was MOVED by Hinman, seconded by Buchanan that a Committee of the
Council consisting of Council members Beauchamp, Doty and Mayor
Edmondson be appointed to review the Community Programming Advisory
Committee appointments: carried, Beauchamp, Buchanan, Carmichael, Doty,
Edmondson and Hinman voting aye by voice vote. It was MOVED by
Buchanan, seconded by Carmichael that Resolution No. D -4214, approving
the transfer of the controlling stock interest in Cox Cablevision, Inc.,
be passed: carried, Doty, Edmondson, Hinman, Beauchamp, Buchanan and
Carmichael voting aye on roll call.
RESOLUTION NO. D -4214, A RESOLUTION approving the transfer of the
controlling stock interest in Cox Cablevision Corporation.
It was the general consensus of the Council to accept the report dated
February 21, 1980 from the Customer Services Manager regarding
City -awned parking lots in response to an inquiry made by Council member
Carmichael.
*It was MOVED by Beauchamp, seconded by Doty that Resolution No. D -4215,
authorizing payment of $61.75 to Violette F. Freeland in settlement of a
claim for damages when the City sewer line backed up into her basement,
be passed: carried, Beauchamp, Buchanan, Carmichael, Doty, Edmondson
and Hinman voting aye on roll call.
RESOLUTION NO. D -4215, A RESOLUTION authorizing payment of $61.75 to
Violette F. Freeland in settlement of a claim for damages filed with the
City of Yakima.
It was MOVED by Beauchamp, seconded by Doty that Resolution No. D -4216,
authorizing payment of $215.25 to Kandy Billings in settlement of a
claim for damages when the cover of a manhole struck the undercarriage
of her vehicle, be passed: carried, Beauchamp, Buchanan, Carmichael,
Doty, Edmondson and Hinman voting aye on roll call.
RESOLUTION NO. D -4216, A RESOLUTION authorizing payment of $215.25 to
Kandy Billings in settlement of a claim for damages filed with the City
of Yakima.
*It was MOVED by Beauchamp, seconded by Doty that Resolution No. D -4217,
denying the claim filed by Amos Hofferber for alleged damages to his
vehicle caused by a pinnacle of ice in the roadway, be passed: carried,
Beauchamp, Buchanan, Carmichael, Doty, Edmondson and Hinman voting aye
on roll call.
RESOLUTION NO. D -4217, A RESOLUTION denying the claim of Amos Hoffether
filed with the City of Yakima on January 23,1980.
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FEBRUARY 26, 1980
*It was MOVED by Beaudhatp, seconded by Doty that Resolution No. D-4218,
denying the claim filed by Frances Pelesky for alleged damages as a
result of a backup in the main City sewer line, be passed: carried,
Beauchamp, Buchanan, Carmichael, Doty, Edmondson and Hinman voting aye
on roll call.
RESOLUTION NO. D-4218, A RESOLUTION denying the claim of Frances Pelesky
in the amount of $149.38.
Councilman Beaudhamp asked what the purpose is for sending a Fire
Department'llethanic to California for training when he thought all the
work was being - don(. - at the Garage. City Manager Zais stated that there
Will be a coming regarding the maintenance of fire equipment
within the 'City Garage complex. He stated that this person will
continue doing this type of mechanical work. It was MOVED by Hinman,
seconded by Buchanan that the out-of-state travel request for Thomas
Klingle, Fire Department, to attend a Fire Departtent Methanicsl'Course
at DeAnza College in'aTertino, California, March 23-28, 1980 at a cost
of $564, be approved: carried, Beauchamp, Buthatani'Carmithael, Doty,
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Edmondson - and Hinman voting aye by voice vote.
Councilman Beauchamp inquired if it is appropriate for the City to send
somdbody'to Union negotiation school. City Manager Zais Stated that it
is in the bargaining provision. He stated that the Uhion pays for the
trip and the City wilI continue to pay her salary. It was MOVED by
HinMan, seconded by Dbty that the out-of-state travel request fbr Elaine
James, Ttdice Department to attend the Regional Conference of Washington
State Council of - County/City Employees Labor Union in Burlingame,
California, February 29 through March 3, 1980 at no cot to the City, be
approved: carried, Beauchamp, Buchanan, Carmichael, Doty Edmondson and
Hinman voting aye by voice vote.
Council Tember Doty expressed concern About expenditure of large
portions of a travel budget for Council for one particular event.
Following discussion, it was MOVED by Beauch seconded by Buchanan to
approve the out-of-state travel for Council members Carmichael and
Hinman to attend the NLC Congressional-City Conference, March 15-18 in
Washington, D. C., at a cost of. $1,153 each: carried, Beauchamp,
Buchanan, Carmichael, Edmondson and Hintan voting aye by voice vote.
Doty voting nay. It was the general consensus of the Council to set up
a special lunch Meeting with Council members Carmichael and Hinman to
share this information with othek maters.
An Ordinance amending the 1980 Budget, - appropriating; transferring and
reappropriating funds to provide for payment of costs of a joint
City/County law enforcement facility having been rd by title only
previously, it was MOVED by Hinman, seconded by Beauchamp that Ordinance
NO. 2378, amending the 1980 Budget, appropriating, transferring and
reappropriating money, be passed: carried, Doty, Edmondson, Hinman,
Beaudhatp, Buchanan, and Carmichael voting aye on roll call. -
ORDINANCE NO. 2378, AN ORDINANCE amending the 1980 Budget for the City
of Yakima; and appropriating, transferring and reappropriating the
amount of $30,000 as an appropriation for the 1980 City of Yakima
Budget.
Council members discussed the policy of not letting staff members
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discuss an item with the news media or public. Councilman Hinman stated
that once an item makes the City Council packet, then the media should
be able to contact the person who makes the report, but staff should not
try to anticipate what Council action will be. Council member Doty
stated that she wants the public to have as much information as they can
share with them.
It was MOVED by Buchanan to eliminate the evening meetings and go to
afternoon meetings at the same time and the same place. The motion
failed for lack of a second. Councilman Hinman suggested that there be
one evening meeting per month and Mayor Edmondson suggested that the
format of the Council meeting be changed to have a Study Session prior
to the Council meeting. It was MOVED by BUthanan, seconded by Beauchamp
that all meetings go to day Meetings, with the exception of one night
meeting per quarter. Stating she would like to get public input on
this, it was MOVED by Doty to delay this vote until the next Meeting.
Mayor Edmondson stated that that is not procedure, but the motion may be
tabled or postponed. It was MOVED by Doty, seconded by Hinman to
FEBRUARY 26, 1980 457
postpone this until 2:00 p.m., March 4: - carried, Beaudhaqp, Buchanan,
Carmichael, Doty and Hinman voting aye by voice vote. Edmondson voting
nay. Councilman Buchanan stated he thinks Council should go back to the
format of holding a short study session before the regular meeting.
Mayor . T.dmondsonagreed and stated that Study Session items that need
indepth study should be done at a special Study Session meeting.
Councilman Hinman stated that he also likes meetings for Study Session
in the Conference Roam. Council meMber Doty inquired why that practice
was abandoned. .City Manager Zais stated-that it mainIy'to
acccmmodatethe news media and the 'spade was limited. City Manager Zais
inquired if Council still - wants to keep the option of a
meeting on the 5th Tuesday of a month. Several Council members
indicated that they would like to retain that - optibn. City Attorney
Andrews stated that this change being discussed would require a change
in the Rules of Procedure. Mayor Edmondson stated that a notice of
Change in the Rules of Procedure should be on the agenda for next week.
City Attorney Andrews stated'that before there is a change, there must
be a notice given to the Council of the proposed rule change and that
can be given to Council next week. It was MOVED by Buchanan, seconded
by Carmichael that there be a in the rule regarding the format of
Council that we operate under a study session and a Council meeting,
consisting of a 111 hour Study Session prior to the regular Council
Meeting. City Manager Zais suggested that the 11/2 hour Study Session was
not long enough and it was the general consensus of the Council to let
Staff determine the length of the Study Session meeting. 'The question
was called for the vote on the motion: carried, Beauchamp, Buchanan,
Carmichael, Doty, Edmondson and Hinman voting aye by voice vote.
Items of information supplied to Council were: City Council pending
items update. 2/22/80; letter fran General Manager, Yakima Valley
Visitors and Convention Bureau re incident on 2/8/80 held at the
Convention Center. 2/19/80; Special Analysis H-Federal Aid to State and
Local Governments. 1/80; AWC Legislative Bulletin No. 6, 2/15/80; memo
fran Director of Community Development re outside utility request fran
Teresa Basford for water at 2211 Englewood. 2/15/80; memo from Director
Of Community Development re outside utility request from Daniel Deaver
for sewer service at 716 N. 25th Ave. 2/15/80; monthly report of Chief
of Police for January 1980; current construction project status report
for February, 1980; agenda for February 26, 1980 meeting of the Board of
Adjustment; and news release re modifications to fire equipment for
emergency preparedness. 2/22/80.
There being no further business to come before the Council, it was MOVED
by Hinman, seconded by Doty that this meeting adjourn at the hour of
11:45 p.m. to then meet on Thursday, February 28, 1980 at the Holiday
Inn at Noon to meet with the County Commissioners: carried, Beauchamp,
Buchanan, Carmichael, Doty, Edmondson and Hinman voting 'aye
by voice vote.
READ AND CERTIFIED ACCURATE BY 4/110)7D
COUNCILMAN
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COUNCILMAN
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CITY• o 4T / MAYOR