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HomeMy WebLinkAbout05/06/1980 Adjourned Meeting ? MAY 6, 1980 The City Council met in session on this date at 1:00 P.M. in the Con- ference Room at City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael, Bruce Crest, Shirley Doty and Don Hinman. Mayor Edmondson stated that the Council is invited to enter a team in the Davis/Eisenhower "Almost Anything Goes" Contest to be held at Zaepfel Stadium on May 23, 1980. Council members Carmichael and Crest volunteered to enter as a team. Mayor Edmondson announced that this is Senior Citizen Month throughout the nation. The Area Agency on Aging is holding a public hearing on Tuesday, May 20th, at 6:30 P.M. at the Yakima Ahtanum View Complex and urged citizens to attend. Councilman Hinman reported that the Council Committee for Appointments to the Planning Commission has met and reviewed the applications re- ceived from Rex Newland, Mike Parsons, Dave Warrington, Chris Smith, Jerry Wilson, Jim Kurbitz and Robert Gamache. He reported that the Committee recommends that Jim Kurbitz be appointed to the Planning Commission. It was MOVED by Hinman, seconded by Beauchamp to appoint Jim Kurbitz to the Planning Commission to fill the unexpired term of Pat Powers, which expires in August, 1982: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. Councilman Hinman stated that the only applications he received for the Board of Adjustment were realtors and he expressed concern that that could lead to a potential conflict of interest. Council member Doty stated that Councilman Hinman's concern is valid, however, with the present makeup of the Board, it should be all right to appoint a person in that profession. Mayor Edmondson stated that that appointment is made by the City Manager, with confirmation by the City Council. Council member Doty stated that while the Council Committee for the appointments to the Human Relations Commission has not met, Freya Bur- gstaller's term expires June 5th, and she would like to be reappointed. She has served on that Commission faithfully. She questioned the other Council Committee members if they would concur in recommending that Freya Burgstaller be reappointed. Mayor Edmondson stated that it has been recommended that Freya Burgstaller be reappointed to the Human Relations Commission and it was the general consensus of the Council by informal vote that Freya Burgstaller be reappointed to the Human Rela- tions Commission. Mayor Edmondson reported that the Yakima Center Advisory Commission has been having a problem having a quorum at their meetings and the Council Committee stated they would meet about this. Stating that he has been called about 1st and Yakima Avenue, Councilman Beauchamp asked if a left hand turn indicator is going to be installed for that intersection. City Manager Zais reported that that intersec- tion had been discussed last year, and the report came back indicating that the traffic was not significant to warrant a signal. He stated he would have staff take another look at it. Mayor Edmondson requested II/ that staff keep track of their time used to research and make reports on assignments such as this. Council member Doty expressed concern about the intersection of 48th Avenue and Tieton Drive, which could also use a signal. Mayor Edmondson stated that there aren't any representatives from Union Gap present for the discussion of the Yakima City Transit consideration of the alternative financing and capital expenditure program. She stated that Union Gap has given us a deadline to get back to us by the 15th. City Manager Zais stated that this is a continuation of the discussion on the alternatives for financing the Transit system and the requirement of the handicapped access equipment. Councilman Hinman stated that at the League of National Cities they were advised to be sure and ask for the waiver. Councilman Hinman stated he has reserva- tions about additional buses being needed, since the present buses are being overhauled. Council member Doty reported about an article in the January 2nd Wall Street Journal, which is entitled "House Panel Votes to Halt Requirement of Full Transit Access For Handicapped". Willis White, 021 MAY 6, 1980 Public Works Director, stated that Section 501 relates to submitting a Transit plan that says when our buses would be equipped to provide services to the handicapped. He stated that our plan must be submitted by July 2nd of this year, and then we have 10 years to equip our buses. He stated that he would like to submit the plan in order to be in com- pliance, and also make a request for a waiver. Dan Newton, Transit Manager, gave some information on the 302 buses which were only manu- factured for three years. He reported that it is difficult to get parts for them. He stated that if the City purchases new buses under the grant, they won't get here until 1981 or 1982. Councilman Hinman asked if the City was going to retain some of the old buses. Mr. Newton stated that UMTA is going to allow us to retain some of the buses for backup. Mayor Edmondson stated that even if the new buses aren't needed, we still have to have .another source of revenue to support the II/ system. Following discussion, it was MOVED by Crest, seconded by Car- michael, to direct staff to prepare the application grant, as outlined, asking for a waiver and also, work with the Council on a strategy to fight the handicap accessibility requirements: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. Councilman Crest suggested that a three to five year plan for bus acquisition and improvements be developed. He also suggested looking at options for .1%, .2% and .3% Sales Tax. Lee Semon, citizen, spoke about his opposition to the proposed Sales Tax. Tom Hargis, citizen, also spoke in opposition to the proposed Sales Tax, stating it would result in people making their large purchases outside the City limits. Councilman Beauchamp asked if there was any history of the difficulty in obtaining the bus parts. City Manager Zais stated that staff needs to bring that documentation on existing buses and infor- mation on interim funding and long range plans. Councilman Hinman stated that a change in the funding of the Transit system is needed, however, there is no way you can get an initiative with questions about why it is on the ballot, on the ballot. Mayor Edmondson suggested that public hearings be held on this issue. She asked what the latest day is that Council can request legislation to be prepared to put this on the -- ballot. City Attorney Andrews reported that September 19th is the final date when all the paperwork has to be filed with the County Auditor for the November 4th election. September 16th would be the last legal day for Council to adopt a resolution. Council member Doty stated that we had not had a chance to see what the revised schedule would be for ridership. City Manager Zais asked Council how they feel about the fares'. Councilman Buchanan stated the fares should be raised. Council- man Hinman suggested making he fare . an amount that would generate income to pay for 25% of the operating expenses of the system. Mr. Newton suggested a 25Q flat fare over the age of five and leave the handicapped and elderly fare at 10Q, which would make a difference in income of $16,000. He stated that this would eliminate the neccessity of making change. Janet Snodgrass, citizen, reported that she has been riding the bus in order to get comments on the new routes, and they are distressed that the new route will eliminate part of the route that they use. Mr. Newton stated that the driver reports that only three or four people use the bus from that area. Following discussion, it was the general consensus of the Council that there should be a fare. II/ At 3:00 P.M. the Council members moved into the Council Chambers for the balance of the meeting, Mayor Edmondson presiding, Council members Beauchamp, Buchanan, Carmichael, Crest, Doty, and Hinman, and City Manager Zais and City Attorney Andrews present on roll call. The Invocation was given by City Manager Dick Zais. • Mayor Edmondson referred to the items on the Consent,Agenda, questioning whether there were any additions or deletions from either Council mem- bers or citizens present. Councilman Hinman requested that Item No. 15 be added to the Consent Agenda, and Councilman Crest requested that Item No. 1313e removed. It was the general consensus of the Council that the addition of Item No. 15 and the deletion of Item No.'13, as requested, be made. The.City Clerk then read the Consent Agenda items, including an ordinance by title. It was.MOVED.by Beauchamp, seconded by Buchanan the the Consent Agenda, as read, be passed: carried, Buchanan, Car- michael, Crest, Doty, Edmondson, Hinman and Beauchamp 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.) 4 '1 4 1 n MAY 6, 1980 *It was MOVED by Beauchamp, seconded by Buchanan that the minutes of the March 28th and April 1st, 1980 meeting, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly, be approved: carried, Buchanan, Carmichael, Crest, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. Gabriel Jackson, 618 North 4th Avenue, having submitted'a letter to Council requesting ,a permit to install a fruit concession/cold drink stand on Yakima Avenue and 2nd Street, was present to answer any ques- tions. He stated the stand has to be inspected and is almost completed, however, the Health Department has tentatively given its approval. Councilman Beauchamp asked if Mr. Jackson has a picture of the stand and Mr. Jackson stated that he doesn't have a picture, but described it for the Council. Mayor Edmondson stated that similar requests have come to the Council in the past and have brought up Council's concerns for litter. Councilman Hinman expressed concern about granting an indivi- dual a franchise to permit the street selling, when street selling in general is prohibitive. City Attorney Andrews referred to the existing ordinance and declared that Council may not allow one person to engage in an activity that violates the code. If Council makes the decision to permit this, the ordinance would have to be changed to permit this type of business, and not just for this one businessman. Mayor Edmondson asked if Council could allow one stationary concession in a specific area on 2nd Street and Yakima Avenue. City Attorney Andrews stated that he has not tried to analyze all the possibilities to think about, or the conceivable problems that could come up by permitting this man to do this. Mr. Jackson stated that he would hire two people to not only pick up the litter caused by his business, but any litter in the area. He stated that he has the support of several businesses in the area. Councilman Beauchamp spoke in support of issuing the permit, if Council could selectively approve things _like this. City Attorney Andrews stated that it is difficult for 'Council to control by selective ap- proval. Vicki Rogers, a citizen, stated she eats lunch in the landscaped area on Yakima Avenue and 2nd Street, and spoke in support of the con- cession stand. Following discussion, it was the general consensus of the Council to refer this matter to staff. City Attorney Andrews re- ported that he has a pretty full schedule, but he would report back next week on the time frame he has to fit this into his schedule. Mayor Edmondson also requested a picture of the cart. Mayor Edmondson proclaimed the week of May llth through 17th as the Week of the Parents and the Young Child. There will be an open house to- morrow at the Child Center and Parent's Festival at the Yakima Uptown Mall. She also proclaimed the week of May 18th through 24th as Mental Health Week. Upon the request of the City Manager, it was the general consensus of the Council to consider Item No. 13 out of sequence on the agenda. Council member Doty questioned the amount of $125,566 as being the amount needed for the snow blower. Larry Wright, Principal Planner, stated that is the total amount -- the City's share is $12,000 and FAA share is $114,000. City Manager Zais referred to the April 4th report from Community Development Department with respect to the ADAP Project. He stated that the report did not separate the fencing from the snow blower. Mayor Edmondson stated that this is a first reading and staff can come back with more information. An Ordinance amending the 1980 Budget, and appropriating, transferring, and reappropriating money within and among various funds and accounts, having been read by title at this meeting, was laid on the table for one week or until May 13, 1980. Mayor Edmondson requested that Item No. 9 be considered out of sequence on the agenda to accommodate the two representatives from the Yakima County Health District. It was the general consensus of the Council to do so. Council members discussed the staff report on the Yakima County Health District Septic Tank Permits, dated 5/2/80. Council member Doty stated that this is more a political issue on whether the people have to hook up to the sewer, and sign the Outside Utility Agreement. Council members asked if hookup to the sewer line could be enforced. Don Schussler, Attorney for the Health District, stated that under the wording of the health regulations, if a resident or developer does not 023 MAY 6, 1980 want to sign the utility agreement because of the annexation agreement, he can then come to the Health District for an on-site permit. Council- man Hinman inquired if the Health District regulations can be changed. Mr. Schussler stated that the Health District Board has the power to change the regulations. Mayor Edmondson reported that she had asked the Board about that and was told by Dr. Atwood that they operated under that rule in order to be legal and had to adopt that wording or be subject to lawsuits. It was MOVED by Buchanan, seconded by Carmichael that our representatives on the Health District Board address this question at the. next Health District meeting regarding changing the regulations as discussed here today regarding the District policy with ' the issuance of subject permits: carried Beauchamp, Buchanan, Car- michael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. II/ City Manager Zais reported that approximately two years ago, the Council was presented with a proposal to develop a joint study of drainage- systems between the City and the County. The plan was that we would work with the County for a plan, however, the City and County could not agree on engaging a consultant for this project. He recommended that the City proceed on its own with the study, with City funding. City Manager Zais also reported that this study was overlooked in developing the 1980 Budget, and the $40,000 allocation was not carried into the 1980 Budget. He stated that in March there was a carryover of $100,000 in the General Fund which was not transferred to the Contingency Fund yet. He stated that the $40,000 could be taken from this source. He stated an additional $15,000 is also requested. Councilman Beauchamp inquired about the process used to interview for a consultant for this project. Denny Covell, City Engineer, stated that 10 consultants were _ interviewed and the City is in favor of CH2M-Hill and the County is in favor of using Gray and Osborne, because they will use Andriotti and Associates and he was a former Director of County Public Works. Fol- lowing further discussion, it was MOVED by Carmichael, seconded by Buchanan that staff be authorized to prepare the legislation to appro-. priate the additional $15,000 to proceed with the drainage study on our own, as proposed. City Manager Zais stated that the appropriation would be for the entire amount. It was the general consensus of tye'Council to amend the amount to $55,000. It was the .general consenu's.of the Council to have staff determine the source of the $15,000. Councilman Hinman suggested going to the County Commissioners about this and ask for their cooperation. Following discussion, it was MOVED by Crest, seconded by Doty to table this motion for one week: carried, Beauchamp, Crest, Doty and Hinman voting aye by voice vote. Buchanan, , Carmichael and Edmondson voting nay. It was the general consensus of the Council that Council members Hinman and Doty would discuss this with the County Commissioners. Dick Hilligus, Director of Parks and Recreation, .presented the Master Site, Plan for Emil Kissel Park. He stated this was the same plan that was presented to Council previously, when it was named Chesterley Park. He stated that whenever funds are available, the park is ready to be developed. He stated that the manner in which the park is planned will permit it to be developed in stages. Mr. Hilligus reviewed his other II/ report on Yakima Youth Baseball Donation of Ballfield, dated 5/1/80. He stated that the School District Board is meeting on the 20th and will probably approve the acceptance of the $30,000 donation for the ball- field at Lewis and Clark Junior High School. The School District will have all the maintenance and operation responsibilities. The third report Mr. Hilligus presented was on City pools. Speaking about Lion's Pool,-he that the $48,000 Department of Energy Grant should allow us to take the heat out of the geothermal well that Gay Loudon owns. Also, the top is being left on over the pool and should last for three, to four years. He explained the .repairs being made at Franklin Pool., He stated that vandalism has decreased at Eisenhower Pool since the School District built a fence around the bathhouse. Mr. Hilligus re- ported that Selah Pool may be open for a few weeks this summer but their swim team will contract for the use of Miller Pool. *It was MOVED by Beauchamp, seconded by Buchanan that the report of the Director of Community Development, dated 5/1/80, with respect to the completion of the work on LID No. 1027, Tancara Subdivision, Paving District, performed by Superior Asphalt, be approved, the work be ac- cepted, and payment of the final estimates as therein set forth is MAY 6, 1980 hereby authorized: carried, Buchanan, Carmichael, Crest, Doty, Edmond- son, Hinman and Beauchamp voting aye on roll call. An Ordinance amending the 1980 Budget and appropriating money from the Transit Capital Reserve Fund for the purchase of bus engines, having been read by title only at this meeting, was laid on the table for one week or until Tuesday, May 13, 1980. It was MOVED by Buchanan, seconded by Beauchamp, that Ordinance No. 2410, amending the classification and compensation plan, creating three new :classifications, be passed. Council member Doty expressed concern about the higher rate of pay'for the Athletic Coordinator. •Although the Parks Programs are self sustaining, she questioned if the indirect costs such as fringe benefits, office space, telephone usage, etc., is in- cluded in the :cost. Dick Hilligus, Director of Parks and Recreation, stated that the athletic associations pay 100% of the cost of any pro- gram they:want, including indirect costs. City Manager Zais stated that these positions were budgeted, and there was an estimate attached to the budget late in 1979 for salaries. After a. position has been approved for funding, it goes into a classification review to examine the respon- sibilities of that position, compared to other similar duties and res- ponsibilities. The question was called for the vote on the motion: carried, Carmichael, Crest, Doty, Edmondson, Hinman, Beauchamp, and Buchanan votingaye on roll call. - . - ORDINANCE NO. 2410, AN ORDINANCE relating to City personnel; adopting-a , classification plan and a compensation'plan for City employees; amending Sections 2.20.100 and 2.20.110 of the City of Yakima Municipal Code. *It was MOVED by Beauchamp, seconded by Buchanan that Ordinance No. 2411, amending the Municipal Code, repealing Chapter 11.36, "Liquified petroleum gases", be passed: carried, Buchanan, Carmichael, Crest, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. ORDINANCE NO. 2411, AN ORDINANCE relating to the Building Code; re- pealing Chapter 11.36, "Liquified Petroleum Gases", and Sections 11.36.010, 11.36.020, 11.36.030, and 11.36.040, all of the City of Yakima Municipal Code. City Manager Zais reported that he had received a communication from the Civil Aeronautics Board regarding the request filed by the City and the Chamber of Commerce pertaining to the suspension of a Hughes Airwest Flight to Denver. The Civil Aeronautics Board says that the suspension of that service will not have a negative aspect on the City, and they will not stop Hughes Airwest from taking that action. City Manager Zais stated that at the time staff filed with Council a report on Civil Service issues, one element related to disciplinary measures. He re- ported that the Police and Fire Civil Service Commission is attempting to clarify that by an amendment to their rules. They wish to enlarge the authority they have for hearing appeals and have drafted an amend- ment which would enable them. to review every disciplinary action the City makes. That would limit the from taking action on the line. He suggested that Council appear at the regular Police and Fire Civil Service Commission meeting on the 20th of May and give their input regarding this proposed amendment. He also suggested if Council disa- grees with this proposed amendment, to have legislation prepared to restrict the Commission's rule making authority. It was MOVED by Hin- man, seconded by Buchanan.to instruct staff to prepare the legislation as outlined. Mayor Edmondson suggested that this instruction be delayed until after the meeting with the Commission. Following further dis- cussion, the question was called for the vote on the motion: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty and Hinman voting aye by voice vote. Edmondson voting nay. Mayor Edmondson stated that she is not opposed to the legislation, but against the timing of the legisla- tion. Items of information supplied to Council were: request from Yakima Chamber of Commerce for information from the City Manager re thoughts on key issues faced by government and businesses and City Manager's reply. 3/31/80 and 4/23/80; letter to editors re article published in the Yakima Sun pertaining to isolated features of the Wastewater Treatment Plant Project. 4/25/80; CETA Audit Report No. Y-55 (see State Exam- MAY 6, 1980 iner's Report, letter from Manpower and reply from City management); memo from Supervising Traffic Engineer re request for flashing light for Robertson School on Lincoln. 4/28/80; memo from AWC re AWC Board of Directors positions available. 4/28/80; copy of minutes of March 6, 1980 and April 4, 1980 Civil Service Commission meetings; AWC City news for Washington Officials, April, 1980; Chamber of Commerce UP DATE, Vol. 1, No. 16, April 30, 1980; monthly report from Yakima Air Terminal for March, 1980; memo from Personnel Officer re March, 1980 Consumer Price Index. 5/1/80; and Yakima Wastewater Project Month Progress Report for March, 1980 from R. W. Beck and Associates. 4/28/80. _ There being no further business to come before the Council, it was MOVED by Beauchamp, seconded by Carmichael that this meeting be adjourned at the hour of 5:40 P.M., to then meet on Thursday, May 8, 1980, at 10:15 A.M. in the Council Chambers for the purpose of meeting with the County Commissioners to discuss the Airport: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. READ AND CERTIFIED ACCURATE BY v� DATE ___ Alh OUNCILMAN 1 ek W07 ATTEST: 8,77 CITY C! RK IlAYOR