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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 II/ 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 II/ 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 4kT3 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 4o 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. 456 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, II/ 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 II/ 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 DATE if:/e .4"..40KAR COUNCILMAN ATTEST: If Z‘T CITY• o 4T / MAYOR