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HomeMy WebLinkAbout03/23/1982 Study Session MARCH 23, 1982 14 7 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 Lynn Carmichael, Clarence Barnett, Lynn Buchanan, Shirley Doty, W.K. "Pete" Moore and Jack Sparling. Council member Henry Beauchamp present after 1:36 p.m. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Carmichael reported the Washington State Conference on Tourism will be held tomorrow at the Yakima Center starting at 8:30 a.m. There is a $10 fee charged and if any Council member would like to attend, they should contact Dianne at the Yakima Center. 2. PUBLIC WORKS AND ENGINEERING REPORT ON STREET AND ROAD CONDITION/ DETERIORATION Chris Perks, Office Manager, stated that the four projects listed in the staff report were derived from the Street Division in their responses to maintenance and requests from citizens. He stated there is $279,000 of zC gas tax funds available, which is not enough to do all four projects. There was discussion regarding the Pierce & "B" couplet. Council member Barnett inquired if these funds are all expended, would there be any money for repair of chuck holes. Mr. Perks responded that the zfi gas tax money cannot be used for repair of chuck holes. Del Kary, Street Superintendent, reported there are funds for chuck hole repairs. Discussion followed regarding the seal coat program and repair of arterial streets. Council member Barnett asked what priority staff would give these projects. Chris Perks stated he would list them as being 1st Street - $12,000; Nob Hill Blvd. - $193,000; Pierce St. / "B" - $23,000; and 16th & Summitview - $42,000. The various projects were discussed and it was MOVED by Doty, seconded by Buchanan to consider Council action for Item No. 2 under Item No. 10 -A on the Business Agenda and make a decision. Unanimously carried by voice vote. Chris Perks commented that in order for gas tax funds to be used for a project, it must be included in the Six Year Plan. He reported that the only project of the four proposed is the Nob Hill project. He stated that Council can amend the Six Year Plan in July to include any project desired. 3. STATUS REPORT RE YAKIMA NEIGHBORHOOD HEALTH CLINIC REHAB PROJECT John Beer, Jr., Director of Community and Economic Development, stated that additional information was obtained on this subject following the printing of his original report and another report has been distributed. Council members questioned staff regarding the change orders and the process for approving those change orders. Mr. Beer stated that Change Order No. 3 was an improper change order. He recommended that Change Order No. 7 be approved, which will add the sheetrock, drywall work and heat pump back into the contract. He stated that an additional $9,400 would be needed to accomplish this additional work. He stated that this request should have been made when it was discovered that there was not sufficient funds for the completion of the contract, instead of deleting work items. Concern was expressed by the Council that the low bids are accepted and then increased through change orders. Mr. Beer stated he went through a structured negotiation with Yakima Neighborhood Health Clinic and the contractor to reach an agreement between both parties. He stated if this change order is approved, upon completion of the project, a punch list will be developed to address the quality of the workmanship. It was MOVED by Beauchamp, seconded by Buchanan to place Item No. 3 on the business agenda as Item No. 10 -B. Discussion followed regarding the payment schedule to the contractor, Mr. Beer reporting that all of the contract amount has been paid except for about $1,200. Mr. Beer stated there is a one year 1 L. ero MARCH 23, 1982 warranty for the work performed. He stated that you don't have to approve or accept the work when the final payment is made. Council members expressed displeasure that the final payment was made when problems with the contract still existed. The question was called for the vote on the motion. Unanimously carried by voice vote. 4. REPORT FROM CHIEF OF POLICE RE: COMPLAINT FILED BY GREEN ARROW'S LOCKSMITH It was MOVED by Moore, seconded by Buchanan to accept the report, with thanks. Unanimously carried by voice vote. 5. EXECUTIVE SESSION It was MOVED by Buchanan, seconded by Sparling to move into Executive Session for the purpose of discussing pending litigation. Unanimously carried by voice vote. BUSINESS MEETING 6. ROLL CALL At 3:00 p.m., the Council members commenced the regular meeting, Mayor Carmichael presiding, Council members Barnett, Beauchamp, Buchanan, Doty, Moore and Sparling and City Manager Zais and City Attorney Andrews present on roll call. 7. INVOCATION The Invocation was given by Council member Moore. 8. CONSENT AGENDA Mayor 'Carmichael 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 Items No. 14 and 15 be added to the Consent Agenda. Council member Moore requested that Item No. 18 be deleted. It was the general consensus of the Council that the addition of Items No. 14 and 15 and the deletion of Item No. 18, as requested, be made. The City Clerk then read the Consent ,Agenda items, including resolutions. It was MOVED by Doty, 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 on the Consent Agenda handled under one motion without further discussion.) *9. MINUTES The Council minutes of March 9, 1982, were approved, having II/ been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 10. CURRENT STUDY SESSION ITEMS A. - ITEM NO. 2 It was MOVED by Barnett, seconded by Buchanan that Council accept the staff recommendation on projects No. 1, 3 and 4, as given in the staff report. Council member Doty spoke against the motion, stating she thought Nob Hill Blvd. was going to be addressed through a bond issue. Mayor Carmichael also spoke against the motion, stating the dollar amount for these three projects exceeds the amount of ½ gas tax funds available. She stated she also shares Council member Doty's concern about Nob Hill Blvd. It was MOVED by Buchanan, seconded by Barnett to show priorities for these projects in the order of 1, 4 and 3. Responding to Council member Sparling's question, Chris Perks outlined the damage to the overpass on Nob Hill Blvd. He stated that a contingency was included in the project to allow for repair of any structural damage that may have occurred. The question was called for the vote on the amendment to the Motion. Carried by 6-1 voice vote. MARCH 23, 1982 1 9 Doty voting nay. The question was called for the vote on the Motion, as amended. Carried by 5-2 voice vote. Carmichael and Doty voting nay. City Manager Zais asked if Council would like to see a review of what would be necessary to initiate a sealcoat program for arterials on a 5 year cycle and costs. It was the general consensus of the Council to have staff prepare this report. B. - ITEM NO. 3 It was MOVED by Beauchamp, seconded by Sperling to accept the staff recommendation on resolving the issue surrounding the Neighborhood Health Clinic work. Bill Paddock, architect for the project, commented that following the award of the bid, Housing Services Center determined that they would administer the contract. He stated it was contract administration that brought us to this II/ point. He stated there were two alternate items in the initial bid process - metal windows on House #2 and blown in extra wall insulation. He reported that the contractor with the low bid for the basic contract was the highest bidder on the alternates and the Neighborhood Health Board recommendation at that time was to complete the basic contract and call for bids on the alternates at a later time. He stated that those two items must be addressed because Code Administration says this is a part of this particular HUD program of rehabilitation weatherization. He stated he felt those two items can be accomplished with $2,500. He reviewed several of the change orders. He reported that Change Order No. 2 addressed a portion of the roof of House No. 10, which needed repair. He stated that the rest of that roof is in just as bad a condition and leaks through when it rains. He reported stated it would cost another $4,000 to repair the remainder of the roof of House No. 10. (Council members Barnett and Doty absent after 3:40 p.m.) Asked if he is happy with the terms negotiated by Mr. Beer, Mr. Paddock stated that Neighborhood Health is ready to accept the recommendation of the new director of Community and Economic Development Department. Anita Monoian, Executive Director of Neighborhood Health, stated that one of the things recommended by their attorney, and agreed to by Mr. Beer, was that Mr. Paddock have some input into accepting the value of some of these things. She stated she hopes that would happen. Mr. Beer stated that it was brought to his attention that those alternates have to be put on House No. 10 before an occupancy permit will be issued. The total needed would then be $11,900. He recommended the addition of the $2,500 for the storm windows and insulation to meet code enforcement regulations and the State Energy Regs. There was discussion regarding the cost to put the sheetrock work back into the contract. Mr. Beer stated that his third recommendation was back into the contract. Mr. Beer stated that his third recommendation was that he do a management review regarding the procedure practices for change orders and contract payments. He stated that the roof was an alternate and is not severe enough to be a code item at this time and sometime in the future Council may wish to address that. Council member Buchanan stated he believes the program needs to be reviewed, because he has heard complaints before. The question was called for the vote on the motion. Carried by 4-1 voice vote. Moore voting nay. Barnett and Doty absent. 11. AUDIENCE PARTICIPATION Elsie Gregorich, 1516 Browne Ave., spoke about the condition of the sidewalks in her neighborhood. She reported they have not had any repairs since the early 1930s. She reported that she fell yesterday, even though she was aware of the condition of the sidewalks and was being careful. She asked if sidewalk repair could be put on the same bond issue as street lights. Mayor Carmichael stated she did not think residential sidewalks are included in the street light bond issue. She stated she thought sidewalks in the CBD area and main arterials were the only ones included in the bond issue. City Manager Zais stated that this is an issue that would have to come up when the street and sidewalk issue is discussed. It was the general consensus of the Council to contact Mrs. Gregorich when this report comes to Council. 1 MARCH 23, 1982 Richard Rowland, 4008 Terrace Heights Dr., stated he was unable to be here during the study session discussion on Item No. 4. Mayor Carmichael informed him that staff report given by the Chief of Police was accepted by the Council, which she reviewed. Mr. Rowland questioned the statement regarding the fiscal impact on the businesses. Mayor Carmichael stated that the police will continue to take care of requests by the citizens for emergency situations. 12. HEARING ON REZONE REQUEST BY YAKIMA BREWING AND MALTING COMPANY, INC. This being the time fixed for the hearing on the rezone request by Yakima Brewing and Malting Company, Inc., for property located at 25 North Front Street, Bert Grant, 304 N. 18th Ave., President of Yakima Brewing & Malting Co., spoke in favor of the rezone request. He requested that this rezone be approved with an emergency provision that it become effective in one week rather than one month. He stated that he is complying with the one thing in the staff report; connecting into the sewer line in the alley rather than the one on Front Street. There being no other citizen wishing to speak to this item, the public portion of the hearing was closed. Larry Wright, Planning Manager, clarified Mr. Grant's request. City Attorney Andrews stated that the Charter provides for an emergency ordinance, however, the law requires that the factor that constituted the emergency must be stated in the ordinance. Mr. Grant stated that the Federal license process is based on their having the tank installed and water and sewer hook-ups before an inspection will be given. He stated if he is going to hook up to the newer sewer line, he would like to get it done next week; otherwise, it would be delayed five or six weeks. It was MOVED by Moore, seconded by Buchanan to request staff to prepare an emergency ordinance outlining the need for same, as given by the applicant, which is an ordinance to grant the rezone as outlined by staff. Unanimously carried by voice vote. Barnett and Dot. absent. 13. CITIZENS' FINANCE COMMITTEE REPORT City Manager Zais introduced the members of the committee who worked on this committee for the last 8 months; Bob Peterson, Chairman, Rick Gagnier, Dick Miller, Jim Gavin, and Fran Dew. He stated that Dick Ostrander was present earlier, but had to leave. He stated that Bert Broad was unable to attend this meeting. Bob Peterson, Chairman, stated that this committee was appointed on April 17, 1981. He spoke about the efforts of the Committee and commended Fran Dew and Rick Gagnier for their work in preparing this report. He also thanked the support staff personnel. He suggested that the Council consider the Committee's recommendation. He stated that the Committee feels their task has been completed and would urge the dissolvement of the committee. It was MOVED by Moore, II/ seconded by Beauchamp to accept the report of the Citizens' Finance Committee, with sincere thanks, and in accordance with their recommendation, that the Committee be disbanded for now. Unanimously carried by voice vote. Barnett and Doty absent. City Manager Zais suggested that Coune-[1 could study this report and come back later to take action on it. Mr. Peterson stated that the Committee would be glad to come back to respond to any questions that Council might have. It was the general consensus of the Council to accept the City Manager's recommendation and take this report under consideration. Council member Sparling suggested that this be put on the Study Session Agenda next week. *14. REVIEW OF THE REVISED COMMUNITY DEVELOPMENT GRANTEE PERFORMANCE REPORT The staff recommendation to approve the 1981 Community Development Block Grant Grantee Performance Report, with the revisions given in the 3/23/84 staff report, and authorize the City Manager to sign the Report and forward it to HUD, was accepted. MARCH 23, 1982 1 53 *15. 1981 ANNUAL REPORT OF OPERATIONS AND FINANCES OF THE YAKIMA CENTER AND TROLLEYS The 1982 Annual Report of Operations and Finances of the Yakima Center and the Trolleys were accepted. *16. DISPOSITION OF DAMAGE CLAIM - PAY ANNA M. BURCH AND GRANGE INSURANCE ASSOCIATION (Vehicle damage caused by poor street conditions) RESOLUTION NO. D-4628, A RESOLUTION authorizing the payment of $100.00 to Anna M. Burch and $144.76 to Grange Insurance Association in settlement of claims for damages filed with the City of Yakima. II/ *17. FIX DATE OF HEARING ON APPEAL OF THE PLANNING COMMISSION'S DENIAL OF REZONE REQUEST OF ROBERT KELLETT d/b/a MCCORMICK FLORAL April 6, 1982, was set as the date of hearing on the appeal filed by Robert Kellett d/b/a McCormick Floral for the rezone of property located at 1406 Summitview Avenue. 18. WASTEWATER TREATMENT PLANT CONSTRUCTION, CONTRACT #5, SCHEDULE A, CHANGE ORDER NO. 14. Council member Moore voiced his concern that Council is being asked to approve $48,000 for change orders that were made in 1981. Jon Wiese, Sanitary Engineer, explained that this particular item was handled a bit different. He stated that all the work in this change order was part of Contract 3. He stated that due to various things with the contractor, Mullen, who was behind schedule, when it came time for this work to be performed, it was decided that rather than have them do that work, it would be better for the City's and contractor's interest to delete it from Contract 3 and have Contract 5 do it. He stated that Contract 3 and 5 are adjoining contracts and some of the work Contract 3 would do, Contract 5 would do right on top of that work. He stated that Contract 3 was supposed to have been done before Contract 5 began. He stated that Dennis Bertek, himself and the Engineer decided it would be better to have Contract 3 do the work. He stated they offered the work to Kiewit. They said it would be hard to submit a cost proposal for this work because of the unknowns, i.e., buried pipes, etc. He stated that 90% of the work was deleted from Contract 3. That contractor did not give a credit for that work and that is still being negotiated. The contract was awarded for Kiewit on a time and material type of adjustment. The inspector documented the equipment used and the work performed. The contractor and engineer estimated it would cost about $47,000, but would not put it in writing. He stated that perhaps he should have come to Council last Spring to get Council approval. He commented that Kiewit could have II/ completed Contract 5 work and then come back to do Contract 3 work, tearing up some of Contract 5 work. City Manager Zais stated that this is not an emergency change order and does not normally fall into that process of the level of authorization that was previously granted to him or Dennis Bertek. He stated that this should have been done last year. It was MOVED by Beauchamp, seconded by Buchanan to accept and approve Change Order No. 14 to Contract No. 5, Schedule A. Carried by 3-2 voice vote. Moore and Sperling voting nay. Barnett and Doty absent. Council member Moore stated that he refuses to vote on this kind of thing without having more information. 19. OTHER BUSINESS Les McNary, Visitors & Convention Bureau, reported that there will be a conference tomorrow at the Yakima Center for the tourist promotion of Washington State. He displayed an ad in Sunset Magazine promoting Washington State and the City of Yakima. He requested $15,000 of additional room tax money to support three programs: 1) $4,000 for Tourism radio program. Installation of signs beside the highway requesting visitor to dial a certain frequency to obtain tourist information on what 1 52_ MARCH 23, 1982 is happening in this area and what there is to see. The signs would be installed along the four highways entering Yakima. 2) $1,000 needed for partial funding of recently completed research study on Washington State tourism, which cost $30,000. 3) $10,000 for promotion of Region 3. Region 3 is getting $15,000 grant of the $4.5 million program and can get additional $31,500 if matched by funds from the Region. He stated that Yakima would benefit the most because we have most of the motels and restaurants in Region 3. He stated that of that $44,000 room tax carriy to 1982, he is requesting $15,000. Mayor Carmichael asked if he can provide this information in a written format to, staff. He stated he would like to know that Yakima is behind the regional concept for tourism. Council member Moore asked him about Yakima County participation. Mr. McNary stated that from his past experience, if it does not benefit the County outside the City of Yakima, they are hesitant to support it. He stated he does not think there is any reason why they should not consider supporting , this program because there are motels and restaurants outside the City of Yakima. Council member Moore stated that we have to look ahead and ,start conserving those funds for when the Center will have to be enlarged. Mr. McNary stated that the more we promote, the more room tax money is generated. Mayor Carmichael stated that, Council would like time to consider this request. , • INFORMATION ITEMS , • Items of Information supplied to Council were: letter to the Editor, Yakima Herald Republic, from City Manager Zais re; March 4, 1982 editorial; memorandum from John Beer, Jr., Director of Community & Economic Development re: Fire Master Plan Status Report; . memorandum from Frank Mabry, Water/Irrigation Manager re: Water Quality Problem at 207 So. 27th Avenue; article from Tacoma News Tribune dated March 10, 1982, re: "Auditor fighting effort to clip his wings."; notice of special meeting to be held on March 24, 1982, from Parks & Recreation Commission. 3/18/82; Yakima Air Terminal monthly report to City Manager for February, 1982; Code Administration Office Activities monthly report for February, 1982; Permit Center monthly report for February, 1982; monthly report of Chief of Police for February, -1982; Legislative Bulletin No. 9 dated March 12, 1982; Parks & Recreation Commission minutes for February 10, 1982; and Planning Commission minutes for March 2, 1982. 20. ADJOURNMENT There being no further business to come before the Council, it was MOVED by Moore, seconded by Buchanan that this meeting be adjourned at, the hour of 4:45 p.m. Unanimously carried by voice vote. Barnett and Doty absent. 41P-t II/ READ AND CERTIFIED ACCURATE BY 4--' - / .2.LA,P.-- DATE OUNCIL MEMBER —_, DATE 0 COUNCIL MEMBER ATTEST: CITY C irRK MAYOR