HomeMy WebLinkAbout01/19/1988 Business Meeting 225
• JANUARY 19,.1988
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BUSINESS MEETING
1. ROLL CALL
The: City Council .met in session on this date at 2 :00 P.M. , in the
Council Chambers of . City Hall, Yakima, Washington.'Mayor Pat
Berndt, presiding, Council members Clarence Barnett, • Henry
Beauchamp', Lynn Buchanan, Lynn Carmichael, and Bernard Sims present
on roll call. City Manager Zais, City Attorney Vanek, City Clerk
• Roberts and Deputy City Clerk Toney also present. Council member
Jerry Foy- absent •and •excused . • - :
2. INVOCATION
The Pledge of Allegiance was led by Council member Carmichael.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER •
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• Mayor Berndt, read : a proclamation , .designating - January 17- 23,'1988
- , "National Jay gee Week" in the City of- .Yakima.
• As Chairperson of the Council Committee for Parks and Recreation,
Council member Carmichael stated the Committee met -and she would
like to make the following. motion. It.was MOVED-by Carmichael,
• seconded by ,Sims, to reappoint Mike ;Nixon,. Michelle , Alexander and
Mark Graham to the Parks & Recreation-Commission-for another term
each. Council member Carmichael stated they • hope to fill the
fourth vacancy en the Parks and RecreatimCommission, created by
the resignation of Lura Good,.as soon as. possible. She stated the
• Council Committee • is awaiting additional applications. The
question was•called for a vote. -on the motion. Unanimously carried
by voice vote. Foy absent.
,- member Barnett commented one of the.Council's legislative
- priorities is- the- reintroduction of the One Party•Consent Bill
which has been, reintroduced by. Representatives Forrest Baugher and •
•.• - -Jim Lewis. He. asked Council to request the Mayor •to send an
• appropriate. letter statingIthe,•City,of•Yakima -is pleased with this
action. He asked- , that1 a letter be sent to•Alex Deccio, Shirley
Doty, Irving Newhouse and Margaret Rayburn : - requesting their
continued support,of• this issue. This was the general consensus of
. the .Council.. .,
Mayor Berndt stated Council member Carmichael has been'reappointed
• as Chairman of the.Washington State Building Code Council for the
fifth consecutive year.; 1 • , • • .
Council:member Carmichael displayed a'copy of Volume I, The History
-hof Washington's Local Government, stating she will place this in
the_,Council office for•Council members to-review. She indicated
this is the final. report of the Washington State Local- Government
Study • Commission (of which - she has been a member for the last two
years) to'•the Governor and the Legislature.. She stated-she will
soon be receiving; a copy of Volume II, which is entitled 'the Quiet
Crisis In Local Government. Mrs. Carmichael stated she will have
.• additional :copies of these two items next week, and if Council
• members would like, they may have.their own copies. -
• 4. •. CONSENT AGENDA
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Mayor Berndt referred, to•the - items•placed on the Consent
questioning - whether there were any additions{ or -deletions from
either Council members or citizens .present. It. was the-general
- consensus of the Council- to remove Item No.- 16, as requested by
Council member Barnett. The; City. Clerk then.•read the- Consent,Agenda
items, including resolutions and-ordinances byAitle. It was MOVED
by Carmichael, seconded by :Buchanan, that the Consent Agenda, as
read, be passed. Unanimously carried - by roll call vote.
(Subsequent paragraphs preceded by an asterisk ( *) indicate items
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on the Consent Agenda handled' under one motion without further
discussion.)
*5. APPROVAL OF THE MINUTES OF THE COUNCIL MEETING OF JANUARY 5, 1988
The Council minutes of January 5, 1988 were approved, having been
duly certified accurate by two Council members and no one present
-. wishing to have said minutes read publicly. '
6. AUDIENCE PARTICIPATION '
Doni Siebol, 611 West Lincoln Avenue, prefaced her remarks by
saying she is delighted Council is endorsing the One Party Consent
Bill. She stated her husband has a car lot business at the above
location and vandals destroyed two vehciles there last week. She
indicated in the last six months they have had out -of- pocket
expenses exceeding $10,000 due to 'vandalism. She stated the
Police Department has been very cooperative, however, she realizes
they do not have the manpower to constantly patrol their business.
She encouraged formation of a grass roots organization such as
"MADD" to address this issue. She offered her time and assistance
in the formation of a local group, should Council 'decide on this
course of action.
Larry 'Mathews; 805 South 17th Avenue, distributed a letter to
Council from the Charg Committee (which he read) opposing the
proposed rate'increase by Pacific Power & Light. Cal Morris, 5801
- Glacier Way, representative of Pacific Power:& Light, addressed the
• Council regarding the proposed rate increase, stating PP &L is
attempting to get the cost back in line with the cost to serve
users. He- indicated the lower user 'will see an increase; while the
.middle and upper rusers will experience - a' decrease in their
electrical billings. He'stated many •low income users will see a
decrease because they are large consumers of. electricity. He
stated it is very difficult to come up with a rate increase that
would make everybody happy. - Council member: Carmichael stated'
setting rates is always a very complicated process and that is why
the Washington Utilities Transportation Commission' is charged with
reviewing proposed rate increases: She stated any testimony
regarding`th'is issue should be presented to this commission. She
encouraged fellow Council members not to become involved in
debating this issue or in supporting it, either pro or con. She
stated Council should' restrict itself to the 'areas of
responsibility according the City Charter. Council member
Beauchamp stated he did not believe it would be wrong for the
Council to speak out on the issue, however, does have concerns that
Council may not have adequate information to make a determination.
Council member Buchanan stated he believes a greater impact will be
made by citizens writing letters to the Washington Utilities
Transportation Commission rather than the City Council becoming
. involved.. Cal Morris stated one of the best ways to voice an
opinion is to write a letter:to WUTC. He stated Pacific Power &
Light'is also interested in the user's response as they are also
concerned about this issue as they would like to determine the real
needs of the users. It was the general of the Council
' that no formal action be taken on issue at this time.
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Virginia Kraft, 1201 Ackerman Avenue, asked that the traffic
divider on Nob Hill Boulevard, near 40th Avenue, be removed to
allow a left hand turn onto Nob Hill Boulevard from Ackerman
Avenue. She stated she was informed by former Director of
Community Development, Carol Darby, "that when Nob Hill is four
lane, it. would ' have a left hand turn lane, and then we would have
the right again to make our left hand turn off of Nob Hill, that is
going west." Mrs. Ackerman stated she spoke with Dennis Whitcher
who had researched this matter and informed her that he was
to locate any minutes stating a left turn would be permitted onto
Nob Hill Boulevard' from Ackerman Avenue. She asked if there is
anything that can be done about this situation. Staff was asked to
bring back a report to Council regarding this matter.
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JANUARY,I9, 1988 227
Larry Mathews asked for clarification regarding. the action'Council
intends . to take regarding the P P & L rate increase'. He stated he
'would like`' :a letter stating the - course of. action to be taken.
Mayor: Berndt stated it is Council's decision 'that they lack
adequate information to make a recommendation regarding the
-- proposed rate increase by P P & ' L, and. that - .mattet :'should be
presented to the Washington Utifiities Transportation Commission.
7. PRESENTATION•OF EMPLOYEE SERVICE•AWARDS°
Personnel Officer Sutton was assisted by Mayor Berndtcin.'presenting
• the :following service:awards'to City Employees:
35 Years of Service : Andrew Pleasant, Refuse Department.' -
30 Years of Service: Battalion Chief Bruce Fire Department. •
25 Years of Service: Rose Marie Ulmer, -Police Department, and
• 'Battalion Chief O'Dell, Fire Department. •-
20 Years of Service: Chief Pleas Green, Captain Anton` Wentz,
Lieutenant Nina Vereb and Lorraine Salatino, Police Department;
Captain Douglas Pederson, Lieutenant .'Alvie Bouchard and Ronald
Whitman, Fire Department; Charlotte Krug, General Accounts, Finance
Department; Jack Spalding, Street Department and Tommy Tyler of the
,- Irrigation Department.' '
8. NOTICE OF INTENTION TO COMMENCE ANNEXATION OF 'PROPERTY! IN THE •
VICINITY OF 15TH AVENUE AND WASHINGTON AVENUE (STANDARD MOTION 1 -A
& B) , .
Associate Planner Larry Lehman' reviewed the agenda cover sheet
stating this is a Notice.' of • Intentions •to - Cotimence Annexation
signed by Gaylord Newby and RFB, Incorporated. He indicated staff
is asking Council to make' the standard motions related to
• annexations. It was MOVED by Buchanan, seconded by Beauchamp, that •
today, January 19, 1988 be set as the time of a meeting with the
initiating parties - who signed 'the of Intention tor
Annexation precedings dated' 1/11/88 and 1 /13/88, those 'initiating
parties•being Gaylord B.•Newby and RFB, Incorporated. Unanimously
carried by voice vote. Foy absent: It was MOVED by • Buchanan,
seconded by Beauchamp, that the annexation proposed by Gaylord
Newby and RFB, Incorporated, be accepted-by. the City.of Yakima and
that the area to be annexed be required to assume its share of the
City's existing indebtedness, and that a Notice of Intention to
Annex be filed' :with the Yakima County Boundary - Review' Board.
Unanimously carried by voice vote. Foy absent.
9. CONSIDERATION OF RESOLUTION CALLING FOR SPECIAL' ELECTION REGARDING
CHARTER AMENDMENT TO ABANDON COUNCIL - MANAGER GOVERNMENT AND
ESTABLISH A STRONG- MAYORFORM OF GOVERNMENT '
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Resolution No. D -5427 having been read by title, it was MOVED by
Carmichael, seconded by Barnett, that the'resolution be adopted.
' Rick Linneweh, 4702 - Richey'Road, representing a citizen's group
formed to work to retain the present Council /Manager form of
government addressed the City Council. Mr. Linneweh stated the •
"committee consists of the following ”members: -Rick' Linneweh,
Chairman,' Fred 'Andrews,- City Attorney, Greta' Atwood,
President the 'League -of Women Voters, `Wray Brown,'retired Grocer
and former City Council member, Bob -Clem, Advertising Executive
with B &M Advertising , tBetty - former Mayor, Royal Keith;
President of - Keith &r Keith' Funeral Home and former City Council
member, Ron King, Sales Manager for Lodestar Communication Group,
Lenore Lambert,-: owner 'df the Wine Cellar` and former City Council
member LaRue,•retired Chief of Police Lewis, partner of
Terril;'Lewis & Wilke Insurance, Jim, Lust,'attorney and former City
Council member, In McGuinness, M.D., pediatrician, 011ie Nelson,
Executive Director of YMCA, Preston Shepherd, General Manager of
• Nob Hill Water Company, W. Dean Starr, Superintendent of Yakima
School District #7, Gary Webster, General Manager of the Greater
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• Yakima Chamber of Commerce; and Joe Wilson, member of Executive
Committee of .AFSCME (Local 1122). He stated the Citizens to Retain
Council Management Government Committee is concerned with the
petition in that it is: 1) narrow in analysis and development, 2)
there is a real misunderstanding of what has been proposed by the
petitioners, and 3) apathy towards the issue may exist such that it
may lead to poor voter turnout on March 15 which could result in a
change in government, not by design, but by default. He stated to
overcome this, the Committee plans to:. a) make City government a
public topic, b) demonstrate the very real and damaging.
shortcomings of the proposed amendment, c) provide examples of the
many accomplishments through which Yakima has benefited by the
present form of government, and d) get voters out on March 15th.
He stated the proposed. Charter Amendment to change the current form
of government is simply the wrong medicine for the wrong patient!
Unanimously carried by roll call vote. Foy absent.
RESOLUTION NO. D -5427, A RESOLUTION providing for the submittal to
the electors of the City of Yakima, Washington, at a special
election on March 15, 1988, a proposition to amend Articles II and
III of the City of Yakima Charter:
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*10. CONSIDERATION OF RESOLUTION REJECTING THE EASTSIDE ANNEXATION
PETITION
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RESOLUTION NO. D -5428, A RESOLUTION rejecting the "Eastside
Annexation Petition No. 1058" and authorizing a phased annexation
of the "Eastside" Annexation Area in two parts.
*11. PRESENTATION OF 1986 AUDIT REPORT (ACCEPT REPORT)
The staff report from the Director of Finance and Budget regarding
the 1986 Audit Report, was accepted: -
*12. CONSIDERATION OF APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY
COMMITTEE
The staff recommendation to remove Dale Copeland from the Community
Development: Advisory Committee and the. Chamber of Commerce
recommendation to appoint Pam Aylmer to fill this vacancy, was
accepted.
*13. APPROVAL OF OUT -OF -STATE TRAVEL FOR TOM FIELDSTEAD, FIRE
DEPARTMENT, TO EMMITSBURG, MARYLAND
- The Out -of -State travel for. Tom Fieldstead, Fire Department, to
attend an Executive Fire Officers Program-at the :National Fire
Academy, in Emmitsburg, Maryland, February 14 -26, 1988, at a cost
of $132.00, was approved.
*14. CONSIDERATION OF AN ORDINANCE APPROPRIATING FUNDS FOR PROPOSED
RADIO SYSTEM IMPROVEMENTS FOR CITY FACILITIES (SECOND READING)
An Ordinance appropriating funds for ' proposed radio system
improvements for City facilities having been laid on the table at
the previous meeting, was brought before the Council for a second
reading. .
ORDINANCE NO. 3076, AN ORDINANCE amending the 1988 Budget for the
City of Yakima; making appropriations from unappropriated fund
balances within various funds for expenditure during 1988.
*15. CONSIDERATION OF AN ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE
RELATING TO SICK LEAVE CASH OUT BENEFITS FOR CERTAIN EMPLOYEES
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ORDINANCE NO. 3077, AN ORDINANCE relating to personnel and leaves
of absence; providing for monetary payment of sick leave; and
amending subsection E of Section 2.40.030 of the City of Yakima
Municipal Code.. .
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16." CONSIDERATION OF'AN•ORDINANCE PROHIBITING CROSS= CONNECTIONS TO THE
CITY WATER SUPPLY SYSTEM
Council member Barnett asked staff if there is anything in new
ordinance that must be made known to the public or industry that
was - not in the' code; and;would surprise -_ _them in some manner.
••• Water Superintendent Ty Wick'responded there new provisions in
the new code' that will effect' existing businesses and staff is
compiling a list -so they° may be contacted on an 'individual basis.
He they will be making a major effort 'to •eliminate' any cross
'connections that might exist. City ,- Attorney-•Vanek stated a
correction : needs . 'to made on page: three Aunder D 2. He stated it
reads "Subsection *r4 . but should : read "Subsection• C.", City
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Clerk indicated the correction will be made so the ' ordinance will
li/ readi 'correct'ly. Ordinancei No. 3078, having been read by title, it
was MOVED .bp Carmichael, seconded by Buchanan, that•the Ordinance
be passed. - Unanimously carried by roll call.vote. - -Foy absent.
ORDINANCE NO.:3078•, AN,ORDINANCE-prohibiting - cross- connections to •
the water. supply systerir of the. City of ',Yakima; declaring such
cross- connections to be a nuisance,' repealing'Sectionr'7.68:070 of
the City of Yakima Municipal Code; and enacting a new Section
7:68.070 as a' new section-of the City of-Yakima Municipal Code.
*17. CONSIDERATION OF LEGISLATION REGARDING WASTEWATER TREATMENT PLANT
' • AERATION SYSTEM AND RELATED CAPITAL IMPROVEMENTS:
A. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CWC -HDR,
'INC'. FOR •CONSULTING ENGINEERING 'SERVICESv'
RESOLUTIONNO.'.D -5429, A' RESOLUTION•authorizing• the execution of an
• agreement with''CWC= HDR;!rinc.', cconsulting' engineers;' for consulting
engineering services.
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B. ORDINANCE AMENDING THE 1988 BUDGET AND APPROPRIATING FUNDS FOR
AERATION REHABILITATION CONSTRUCTION INSPECTION COSTS (FIRST
An Ordinance appropriating funds for aeration rehabilitation
construction inspection costs at the Wastewater Treatment Plant,
__having beenIread by title only, was laid .on the table for week, .
or-until January 26, 1988: , r.
18. OTHER BUSINESS'
e
City Manager Zais spoke'about the proposed amendment to the room
tax legislation that would provide for continuance of the roam tax
beyond the 1995'date wherein the bonds are paid off. He stated
language_has been drafted through Preston Thorgrimson's office and
has' been transmitted to Alex Deccio for introduction into the next
• legislative session.
Regarding a second matter, City Manager Zais stated there is an
item that has emerged_ .very 'rapidly..and, , .is the subject of a
discussion this afternoon in •Tacoma.,4 He indicated Bob Wheeler
will be giving testimony this evening before the House Local
Government and House Ways and Means Committee regarding the 22 1/2
cent property tax that is allocated for LEOFF pensions. He stated
the proposed legislation would prevent the City from using the
excess of the 22 1/2 cent tax by diverting these funds to the use
of the Counties. He stated this is a concern as it would be an
• impact of several hundred thousand dollars for the City.
Council member Carmichael asked for Council approval to attend the
National League of Cities Congressional Cities Conference to be
held March 19 -22, 1988. She indicated as immediate Past President
she would like Council concurrence to attend. Council .member
Buchanan stated he believes Mayor Berndt should attend this
conference and added he would also like to attend. Following a
brief discussion, it was MOVED by Beauchamp, seconded by
Carmichael, to authorize two members of the Council to attend the
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National League of Cities Conference. Carried by 4 -2 roll call
vote. Barnett and Sims voting nay. Foy absent.
Information Items:
Items of information supplied to Council were: Letter from Joseph
• R. Morrier expressing concern over the.: mid block pedestrian
crosswalk on Yakima Avenue between the Chinook Office Tower and the
Yakima Mall. 1/13/88; Letter to Andrea , Beatty- Riniker, Director,
Washington State Department of Ecology, requesting grant funding
for Wastewater Treatment at Plant capital improvements. 1/13/88;
Letter from Senor Brock Adams expressing appreciation for the
information regarding the City's preparation for a Comprehensive
- Water Plan and initial dam feasibility studies at Rattlesnake
Creek; Letter to Senator Daniel J. Evans from State
Representative Shirley Doty requesting funding. for continuation of .
the special Drug 'Enforcement Administration Task Force. 1/12/88;
Memorandum from Director of Engineering & Utilities regarding Gas
Tax Money for Bikeways and Paths. 1/14/88;.. Article from the
January 1988 Federal Report, "The Tap Has Run Dry on EPA Extensions
to the Clean Water Act "; Revised Monthly' Permit- Report for
December 1987; Yakima Center Management Report for December
1987; and Minutes of the December 14, 1987 Parks and, Recreation
Commission meeting.
19. EXECUTIVE SESSION REGARDING ACQUISITION OF PROPERTY AND COLLECTIVE
BARGAINING
It was MOVED by Beauchamp, seconded by Buchanan, to adjourn to
Executive Session at the hour of 3:45 p.m. for approximately twenty
minutes for the purpose of discussing the acquisition of property
and collective bargaining. Unanimously carried by voice vote. Foy
absent.
20. ADJOURNMENT
Following the completion of the Executive Session, the meeting was
adjourned at the hour of 4:00 P.M.
READ AND CERTIFIED ACCURATE BY �,' ivv� V�ti ktnnA.(�` .� l /•�
COUNC( L MEMBER DATE
��• 1 Li _yam 31�,s
ATTEST: C. NCIL MEMBER DATE
KAREN S. ROBERTS, CITY CLERK, CMC PATRICIA A. BERNDT,•MAYOR
MINUTES PREPARED BY a r''!I JI�JV
B••:ARA J. TONEY /DEPUTY CITY LERK
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