HomeMy WebLinkAbout10/09/1979 Business Meeting 356 OCTOBER 9, 1979
The City Council met 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, Don Hinman,
Nadine Lee, Jack Sparling and Gordon Wonder and City Manager Zais, City
Attorney Andrews present on roll call.
The Invocation was given by City Manager Dick Zais.
Mayor Edmondson referred to the items placed on the Consent Agenda
questioning .whether there were any additions or deletions fran either
Council members or citizens present. Councilman Wonder requested that
Item #15 be removed from the Consent Agenda. Council member Nadine Lee
requested that Item #16 be added to the Consent Agenda. A citizen, John
Klingele requested that It #17 be removed fran the Consent Agenda. It
was the general consensus of the Council that the deletion of It Nos.
15 and 17 and the addition of Item #16, as requested, be made. The City
Clerk then read the Consent Agenda items including resolutions and
ordinances by title. It was MOVED by Lee, seconded by Buchanan that the
Consent Agenda as read, be passed: carried, Beauchamp, Buchanan,
Edmondson, Hinman, Lee, Sperling and Wonder voting aye on roll call.
II/
(Subsequent paragraphs preceded by an asterisk (*) indicate items on the
Consent Agenda to be handled under one motion without further
discussion.)
Mayor Edmondson referred to three proclamations she has made as follows:
1. Court Observance Week - October 18th is Yakima County Legal
Secretaries' Day, and on October 18, a mock DWI trial will be held.
2. This weekend will be declared Yakima County Unit of the Knights of
Columbus Weekend.
3. The month of November is Founders Month for the International
Toastmistress Club.
**
This being the time fixed for the hearing on the rezone request filed by
TRI -AL-CO, for property located north and east of the intersection of
Lincoln Avenue and 10th Street, Mayor Edmondson explained that this
matter has been heard previously and referred to staff to inquire about
looking into the whole area. Larry Wright, Principal Planner, reviewed
this rezone request and reported' that the matter had gone back to the
Planning Commission for further review. After discussion, the Planning
Commission indicated that they felt there was not sufficient additional
information to require a new hearing and unanimously voted to send it
back to the City Council with no further comment, having recommended
previously that this rezone be allowed. Mr. Steve Simon, the applicant,
being present, reported that the sewer is in and the major complaint of
the residents was the dust problem which is being solved as he has a
contract for the road to be paved. He further stated that he does not
have any plans for development at this time, but is requesting this
rezone to get all his property zoned the same. There being no one else
present to speak either for or against this rezone request, it. was MOVED, -
by Wonder, seconded by Beauchamp that staff be asked to prepare
legislation authorizing this rezone in accordance with the findings
listed in the staff report and in accordance with the recommendation of
the Planning Commission: carried, Buchanan, Edmondsdn, Hinman, Lee,
Sperling, Wonder and Beauchamp voting aye on roll call.
II/
This being the time fixed for the public meeting on, Tandara Final Plat,
Mayor Edmondson referred to the staff report which stated that the Mayer
Corporation has submitted a final plat for a 150 lot subdivision located
immediately south of Tieton Drive in the vicinity of the intersection of
Tieton Drive and So. 56th Avenue, and that the preliminary plat approval
for the subdivision was granted by the Yakima City Council on July 24,
1979, and previdusly on January 2, 1968. It also reported the findings
as follows and recommends that the City Council approve the final plat
and authorize the Mayor to sign the final plat as evidence of their
approval.
* *Inadvertently omitted: *It was MOVED by Lee, seconded by
Buchanan that the minutes of the September 18th meeting,
having been duly certified accurate by two Council members
and no one present wishing to have said minutes read publicly,
be approved: carried, Beauchamp, Buchanan, Edmondson, Hinman,
Lee, Sparling and Wonder voting aye on roll call.
OCTOBER 9, 1979 357
Findings
1. The final plat conforms to the conditions of preliminary plat
approval as evidenced by the signature of the subdivision
ordinance administrator.
2. Street and utility improvements are presently being installed
via an established local improvement district and conform to
applicable City standards as evidenced by the signature of the
City Engineer.
3. There have been no changes in physical conditions or other
factors since preliminary plat approval which would require
further consideration of the proposed subdivision.
Council member Beauchamp asked about the drainage system on this and was
II/ informed that there is an agreement with the Mayer Corporation and
Congdon Orchards or- any future owner of the property that they will
provide for drainage. After discussion, it was MOVED by Hinman,
seconded by Wonder to approve the Tancara Final Plat and authorize the
Mayor to sign the Final Plat: carried, Edmondson, Hinman, Lee,
Sparling, Wonder, Beauchamp and Buchanan voting aye on roll call.
Sharon Johnson, 1310 Garrett Street, filed with the Council a petition
signed by residents in the area objecting to the loud live music at the
Drydock Tavern, 1402 Fruitvale Blvd. and requested that something be
done about it. She stated that the people signing the petition live
between llth and 15th Avenues. She further stated that the police have
been called, but feels that nothing has been done. After discussion, it
was the general consensus of the Council to refer this matter to staff
to investigate and report back and Mrs. Johnson will be called when a
report is brought back to Council. (Mrs. Johnson's phone number is
575-8443).
City Manager Dick, Zais reported on the State Examiner's Audit for 1978
which had been continued from the previous week. He stated that the
audit questioned :items in the Police Department regarding payment of
leave taken in excess_ of that earned. He explained that this is a
practice that goes back several years and was authorized by ordinance in
February, 1970, and refers to holidays only. Due to the shift work in
the Police Department, many officers are unable to take the allowed
holiday on that holiday and are allowed to take it when they can --
sometimes in advance of that holiday being earned. Should an officer
leave the employ of the City, this will be taken into consideration and
deducted from his final pay. He further reported that the Auditor has
never questioned this practice before. Other items questioned in the
audit were regarding the payroll system. It was explained that the
payroll system iS being reworked in the computer services area. The
other item that was questioned was the payment for janitorial services
to two Housing Services employees at their regular rate of pay instead
of the rate usually paid for these services. City Manager Zais
explained this was negotiated with the employees and the Union for
assisting in the Janitorial services area. When the matter was brought
out by the audit report in June, this practice was stopped and a regular
janitorial service is now being used. Mr. Zais indicated' that it is not
believed that these wages should be recaptured when it was an agreement
between the employees and the Union and due to the fact that this
practice has now been stopped. He stated that overall, this was a very
good audit, that it is only addressing sane administrative areas that
need attention.
*It was MOVED by Lee, seconded by Buchanan that Resolution No. D-4157,
authorizing the execution of various documents to implement a group
health insurance plan for City employees, be passed: carried,
Beauchamp, BuChanan, Edmondson, Hinman, Lee, Sparling and Wonder voting
aye on roll call.
RESOLUTION NO. 104157, A RESOLUTION authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute, various
documents to implement a group health insurance plan for City employees.
It was MOVED by Lee, seconded by Buchanan that Resolution No. D-4158,
authorizing payment of $20 to Richard A. Leavitt in settlement of a
claim for damages caused by leaking pipes within City Hall, be passed:
carried, BeauChaMp, Buchanan, Edmondson, Hinman, Lee, Sparling and
Wonder voting aye on roll call.
358
OCTOBER 9, 1979
RESOLUTION NO. D -4158, A RESOLUTION authorizing payment-of-$20 to
Richard A. Leavitt in , settlement of a claim for damages filed with the
City of Yakima.
City Manager Zais explained that the City previously made application
for funds to aid the construction of water pollution control facilities
and that the U.S. Environmental Protection Agency has now offered a
grant of funds for Phase II of the Wastewater Treatment Plant. After
discussion, it was MOVED by Wonder, seconded by Lee that Resolution No.
D -4159, authorizing the execution of an agreement accepting the EPA
grant offer of funds, be passed: carried, Beauchamp, Buchanan,
Edmondson, Hinman, Lee, Sperling and Wonder voting aye on roll call.
RESOLUTION NO. D -4159, A RESOLUTION authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute an agreement
accepting an offer from the United States Environmental Protection
Agency for a grant of funds to aid construction of water pollution
control facilities.
It was MOVED by Lee, seconded by Buchanan to approve the right of-way
use permit at 302 North First Avenue requested by 0.E. Hollingbery, Jr.,
and others: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee,
Sperling and Wonder voting aye on roll call.
*It .was MOVED by Lee, seconded by Buchanan to set the date of hearing
for October 23, 1979, on Sun Development Planned Development request:
carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sperling and
Wonder voting aye on roll call. '
It was MOVED by Lee, seconded by Buchanan to set the date for hearing
for October 23, 1979 on the Johnson /Washburn Planned Development
request: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sperling
and Wonder voting aye on roll call.
Councilman Wonder having asked that Item #15 be removed fran the Consent
Agenda, stated that he would like a little more information about the
out -of -state travel requested for two members of the Legal Department -
Fred Andreas and John Vanek. City Attorney Andrews explained that the
requested travel is to attend the Fall Conference of the Washington
State Association of Municipal Attorneys, to be held in Vancouver, B.C.
on November 2 -3, 1979. He further explained that in this State, lawyers
must have 15 hours of accredited legal seminars each year for
eligibility to practice law. Also, he is on the •program at this
particular seminar. He stated that by virtue of funds made available by
the Washington State Criminal Justice Training Commission, he and John
will qualify for reimbursement of $60 each for this trip. After
discussion, it was MOVED by Lee, seconded by Hinman t� approve the
out -of -state travel for Fred Andrews and John Vanek• in the amount of
$265 each as requested: carried, Beauchamp, Buchanan, Edmondson,
Hinman, Lee, Sperling and Wonder voting aye on roll call.
- *An ordinance amending the 1979 Budget and appropriating $15,000 for
Capitol Theatre litigation, having been read by title only at this
meeting, was laid on the table for one week or until Tuesday, October
16, 1979.
The ordinance regarding the Safeway modification having been removed
from the Consent Agenda, a citizen John Klingele explained that he had
asked this to be removed because he wanted to record the votes. Council
member Lee stated that the story in the newspaper regarding this matter
was false and misleading and she feels the'minutes of the Executive
Sessions regarding Safeway should be released to the media. After
discussion, it was MOVED by Lee, seconded by Wonder that the Executive
Session minutes pertaining to the Safeway matter be released to the
public and the media: carried, Beauchamp, Buchanan, Edmondson, Hinman,
Lee, Sperling and Wonder voting aye by voice vote. It was then MOVED by
Lee, seconded by Wonder that Ordinance No. 2339, granting a major
modification to the Safeway Planned Developm Sumrnitviea and 56th
Avenue, be passed: carried, Buchanan, Edmondson, Hinman, Lee, Sperling
and Wonder voting aye on roll call. Beauchamp voting nay on roll call.
ORDINANCE NO. 2339, AN ORDINANCE granting an application for a major
modification of the Planned Development Zone of property on the
southwest corner of the intersection of 56th Avenue and Summitview
Avenue in the City of Yakima, Washington.
OCTOBER 9, 1979 359
*It was MDVED by Lee, seconded by Buchanan that Ordinance No. 2340,
accepting the recommendation of the Planning Commission and ,rezoning
property at So. 15th Avenue and Prasch Avenue, as requested by U.S. Land
Company, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman,
Lee, Sparling and Wonder voting aye on roll call.
ORDINANCE NO. 2340, AN ORDINANCE accepting the recommendation of the
Planning CommissiOn and rezoning property at South 15th Avenue and
Prasch Avenue from R-2, Two Family Zone and R-3, Multiple Family Zone,
to Planned Development Zone.
*It was MDVED by Lee, seconded by Buchanan that Ordinance No. 2341,
accepting the recommendation of the Planning Commission and rezoning
property in the vicinity of 205 North 40th Avenue, as requested by
Washington Mutual Savings Bank, be passed: carried, Beauchamp,
Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye on roll
II/
call.
ORDINANCE NO. 2341, AN ORDINANCE accepting the recommendation of the
Planning Commission and rezoning property in the vicinity of 205 No.
40th Avenue in the City of Yakima, Washington, from B-1, Modified
Business Zone, to Planned Development Zone.
City Manager Zais referred to the correspondence from Union Gap and The
Terrace Heights Sewer District regarding sewage treatment charges, and
the letter frdm Public Works Director Willis White, as well as the
excerpts from the 'agreement for Wastewater Treatment and Disposal. He
reviewed the two letters from Union Cap and Terrace Heights which
essentially stated the same things, requesting a detailed breakdown of
the items of expense and other questions with respect to operation and
maintenance of a new sewage treatment facility. They also suggested
that negotiators be appointed from each City to negotiate some of these
items. Larry Wright, Principal Planner gave a brief overview regarding
the treatment plant stating that substantially the City is sole owner
and by agreement. is responsible for treatment. City Manager Zais
reviewed what has been done to date referring also letter from
Willis White and the excerpts from the 1976 Agreement for Wastewater
Treatment and Disposal Services as signed by Union Gap, Terrace Heights,
Yakima County and the City of Yakima. He explained that Union Gap and
Terrace Heights are addressing the budget this Council adopted for 1979
and although they are provided a budget, they are not included in the
budget review process. The justification of the budget is with the
Council. He recommended that the Council assure them that the budget
will be adjusted to comply with actual costs and a detailed report of
information and expenses will be sent to them. After further
discussion, it was the general consensus of the Council to prepare a
formal reply to the letters from Union Gap and Terrace Heights Sewer
District explaining that the Yakima staff is working on an allocation
program which will be out in approximately four weeks and at the end of
the year, the budget will be adjusted to comply with actual costs and
they will be notified and sent a credit or bill. Also, that the Council
feels it is not necessary to appoint a negotiation team to address the
issues of the allocation of reserved funds, treatment plant capacity,
etc., because the provisions of the Wastewater Agreement places these
responsibilities with the City of Yakima.
The matter of the City and County law enforcement facility was discussed
briefly. CouncilMan Sparling suggested consolidation of the jail
facilities into one building. It was noted that the County
Commissioners and City Council have already discussed the possibility of
consolidating law enforcement facilities starting with communications.
City Manager Zais reported that there would hP proposals for the joint
law enforcement facility to fimd the best qualified firm. He
also reported that the City has been contacted through COG by the Office
of Finance Management, Division of Criminal Justice, with the
possibility of some technical assistance as it might integrate with
special assistance that would work hand in hand with the architecture.
They met with the State Office staff and the Police. They can justify
spending funds in this area and their target for completion would be for
March or April if the architect work is completed. No action was taken
on this matter at this time.
It was then MOVED by Lee, seconded by Beauchamp to go into Executive
Session re proposed litigation: carried, Beauchamp, Buchanan,
Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote.
360
OCTOBER 9, 1979
Items of information supplied to Council were: 1/4/79; letter to
Seattle -First National Bank from City Manager re public transit program.
9/27/29; Phase I of the Waste Treatment Plant - Construction Progress.
10/4/79; memo from Director of Finance & Budget re 1980 FRS allocation.
minutes of Board of Appeals meeting of Sept. 13, 1979.
There being no further business to cone before the Council, following
the Executive Session, the meeting was adjourned at the hour of 9:30
p.m.
READ AND CERTIFIED ACCURATE BY /(. ? ?
DATE 1 > >¢-� _ 7
COUNCILMAN
7 - 2 DATE /- / s3/7S
COUNCILMAN
ATTEST:
CITY (MAYOR