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HomeMy WebLinkAbout11/13/1979 Business Meeting NOVEMBER 13, 1979 373 The City Council met in session on this date at 7:00 P.M. in the Council Chambers of City Hall, Yakima, Washington; Acting Mayor Nadine Lee presiding, Council' members Henry Beauchamp, Lynn Buchanan, Don Hinman, and Gordon Wondei and City Manager Zais and City Attorney Andrews present on roll call. Mayor Betty L. Edmondson and Councilman Jack Sparling absent. The Invocation was given by Acting Mayor Nadine Lee. Acting Mayor Lee referred to the items placed on the Consent Agenda, questioning Whether there were any additions or deletions from either Council members or citizens present. John Klingele, a citizen, requested that Item No. 3, the Consent Agenda, be removed. It was the general consensus of the Council that the deletion of all theltems on the Consent Agenda, as requested, be made. II/ John Klingele, a citizen, stated he would like a correction made to the minutes of October 23, 1979, on page 366, paragraph 2, the word "Chairman" should be changed to "director". He also stated that he would like a sentence inserted just before the motion regarding Resolution No. D-4160, in paragraph 3 on that same page. This sentence would read: "MayOr Edmondson stated this resolution was for the purpose of awarding the )oid only." Council members discussed the proposed correction and it was the general consensus of the Council to review the tape of the meeting on the second requested correction. It was MOVED by Hinman, seconded by Beauchamp that the minutes of the meetings of October 9, 16, and 30, 1979, and the minutes of the meeting of October 23, 1979, as amended, to change "chairman" to "director", but not inserting the one sentence requested by a citizen, having been certified accurate by two Council members and no one present wishing to have said minutes read publicly, be approved: carried, Beaudhamp, Buchanan, Hinman, Lee and Wonder voting aye by voice vote. Edmondson and Sparling absent. This being the time fixed for the hearing on Living Care Center Planned Development Request for property located between South 34th and 35th Avenues, immediately south of Tieton Drive, Councilman Beauchamp inquired if the developer is willing to comply with the recommendations. Larry Wright, Principal Planner, stated that they are willing to comply with the recommendations. He further reported on a request sUbMitted by the Fire Department for installation of a fire hydrant approximately 80 feet south of the property. He spoke of other developers being required to install fire hydrants at their an expense where the addition of a development has made the fire flow inadequate for the area. He stated that he has been working with the Public Works Department on a program for the installation of fire hydrants where a new development necessitates additional fire flow, whereby the cost will be subsidized by the Water-Sewer Fund and the developer will pay his pro-rata share. Councilman Wonder stated he thought the Fire Department was asked to develop a Fire Hydrant Program. Mr. Wright stated that Planning, Public Works and the Fire Department are working together to develop a plan. Fire Chief - Carr011 reported that a fire hydrant location chart was submitted to COuncil previously. He outlined the need for the additional fire hydrant, stating that the design of the building requires the extra hydrant. He stated that there is sufficient fire flow in the area! for residences only. Walt Dauber, representing Marian Briskey, 423 South 35th Avenue, stated that this project includes Lots 1 and 2, and 14 and 15 of an addition. He stated that Lots 1 and 2 are covered by restrictive covenant, which provides that the property be used for single 'family lots. He stated that the plans of the developer are to use it for retirement, condominium, multi-family lots. He stated that he wrote the developer, C. F. Crowell, and advised him of this covenant. Fred Andrews, City Attorney, stated that restrictive covenants are a private matter between the two parties involved and is enforced by the courts. The City may dedide from a planning' standpoint what is the best use for a parcel of real - estate. If that decision is contrary to the covenant, the people disapproving of the decision to allow this then must take this matter to court. He stated that possibly the two parties involved in this should discuss this further and Council may want to continue this in order to give them time to do so. Mr. Dauber stated that his client had warned the developer that appropriate action will be taken in the courts. Calvin E. Crowell, Living Care Center, 619 South 48th Avenue, stated that he had investigated Mr. Dauber's claim before this information was brought to him by Mr. Dauber. He stated that they don't plan to Change the use of lots 1 and 2. They 374 NOVEMBER 13, 1979 will be used for parking, and will be landscaped. Councilman Wonder inquired if the City would be subject to a lawsuit by approving this. City Attorney Andreas stated that Mr. Deuber's client could sue whoever he wants to. Rod Knipper, architect for Living Care Center, referred to the plans, stating that at the present time, West Side Baptist Church is using Lots 1 and 2 for parking. It was MOVED by Hinman, seconded by Buchanan to accept staff's and Planning Cornmission's recommendations and conditions and direct staff to prepare the proper legislation to approve the Planned Development request. Councilman Wonder inquired if the Motion includes the condition of the additional fire hydrant being required. Mr. Knipper stated that the developer is willing to work with staff on that requirement. It was MOVED by Wonder, seconded by Beauchamp to amend the Motion, for the safety of the people involved, to require that the fire hydrant be installed and be a requirement of approving the conditions and that Living Care Center be required to pay for 50% of it: carried, Buchanan, Lee and Wonder voting aye by voice vote. Hinman and Beauchamp voting nay. Edmondson and Sparling absent. Councilman Hinman stated he voted against the Motion because he did not feel the developer should have to pay 50% of the cost for the fire II/ hydrant. Councilman Beauchamp stated he voted against the Motion because he felt the developer should pay 100% of the cost of the fire hydrant. The question was called for the vote on the Motion, as amended: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye by voice vote. Edmondson and Sparling absent. Acting Mayor Lee stated that there will be no public discussion of the Preliminary Budget under audience participation today. She stated there will be a public hearing on the budget on November 27, 1979, at 7:00 P.M., and invited the audience to attend the hearing at that time and give their input. She stated that following audience participation the City Manager will be presenting the Preliminary Budget to Council. Patty Huff, 713 North 3rd Street, stated she would like to speak to the newspaper article which was printed in today's Herald Republic and Channel 29's broadcast concerning the Preliminary Budget. Acting Mayor Lee stated that Council has not had the budget presented to then yet, and Council could not speak about it at this time. Betty Gaudette, 701 North 6th Street, inquired about the status of the project at 4th and "I" Streets. She stated that since this dangerous situation was presented to the Council on October 23, 1979, no work has been done on the project except that barricades were put around the hole. She stated she spoke with the City Manager, the Assistant City Manager, and the Director of Community Development and was told that there was a problem with the contractor not wanting to relinquish the contract. She asked what help they could get naa. Larry Wittenberg, Assistant City Manager, reported that under the terms of the contract the City is required to stay with that contract. He reported that the contractor is currently paying $100 a day penalty. He stated that the contractor is performing work in another part of the City and that work should be completed in the near future. Larry Wright; Principal Planner, reported that the City cannot continue with this contractor without the minority contractor. He stated that barricades have been installed, however there is a theft and vandalism problem in that area. Acting Mayor Lee stated she would look into it and see if anything else can be done. Phil Johnson, Route 2, Selah, speaking for the Cougar Lake Wilderness Alliance,' spoke about two bills in Congress that have save bearing on some City owned property. HR 4528 would give wilderness designation to some land, and also HR 5782, which would create a wilderness and recreation area in the area which was designated as the City's water - shed, has been introduced in the House of Representatives. He urged Council to take a position on the bills and write a letter to Congress. Councilman Wonder stated that this was discussed last year and some carununication was sent. City Attorney Andrews stated he will lock at his file and see what action was taken. Ines Rice, 4409 Arlington, stated that the water shed is the only place Yakima has to get any extra water. She expressed her concerns, stating that if the land is designated wilderness, the City may not have access to it. City Manager Zais stated he will research what has been done, and the current bill. John Klingele, 1312 West Walnut, inquired about the status of the Water Rate Study. City Manager Zais stated that that study has been underway within the City Administration, but has been delayed with other priorities., He stated it should come to Council at the beginning of the year. Mr. Klingele also stated that the Council Chambers does not have the Maximum capacity posted to comply with City Building Codes. City Manager Zais stated he would look into that. , NOVEMBER 13, 1979 375 City Manager Zais inquired if any Council member needed any changes made to the,hudget review schedule. Council members Buchanan and Hinman stated they have conflicts with the study, session scheduled for 11/27/79. It was the general consensus of the Council to change the ' study session schedule for 11/27/79 to 11/28/79 at 8:30 A.M. to 11:30 A.M. City Manager Zais stated he will reschedule that and advise Council of the lOcation. City Manager Zais stated that he is filing with the City Council the 1980 Preliminary Budget for the City. He stated that there are really two budgets; a detailed budget and a summary budget for the general public, which is easier to understand. He reported that he and Art Zerbach, Director of Finance and Budget, gave an overview Of the budget for radio station KIT's program, "Cross Talk", which will be aired next Monday. He explained that the budget format was organized differently this year than in previous years. The summary has a complete picture of the budget and included in the budget are the City Manager's recommendations for the use of Revenue Sharing Funds. He also stated that the budget is organized by departments this year. He stated that expenditures are $36 million for the total budget, which is 23% less than the current budget due to less capital outlay. He stated that increases in service charges and licenses have been proposed. He reported that increased interest earnings will help make up for the shortfalls in other areas, such as sales tax and property tax. He stated that 47% of the budget goes to Police and Fire. He - stated that the budget reflects reduction in most departments. He reviewed the proposed personnel changes in the various departments. He spoke about the proposed changes in the Fire Department regarding putting fire inspection under Code Administration. City Manager Zais stated that the City will be receiving $973,000 of Federal Revenue Sharing funds and reviewed his recommendation for its use. He further recommended for ,1980, the formation of a City Council financial committee. 'Be repdrted that negotiations for Police Department and AFSCME employees are at an impasse. He stated that if the outcome exceeds budget. expectations, it would mean additional personnel reductions. Asked if he had any questions regarding Item No. 8 on the agenda, John -/ ,Klingele, citizen, stated he requested that all items of the Consent 7 - -> , iAgenda because his Council packet wasn't - rafternoon, and he did not know if he would have any questions or not. He stated he has reviewed the material and does not have any questions. Councilman Wonder inquired about the City's policy to pay minimum wage for citizen's labor included in damage claims. City Attorney Andrews stated that this was discussed previously and after he made some calls to ascertain what' the minimum wage was, the figure of $2.65 was used to figure the labor claimed in this damage claim. It was MOVED Hinman, seconded by Beauchamp that the Resolution No. D-4163, authorizing payment of $50.21 to Adjua Nkeiruka in settlement of a claim for damages when the City sewer line, backed up into her residence, be passed: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye on roll call. Edmondson and Sparling absent.' RESOLUTION NO. D-4163, A:RESOLUTION authorizing the payment of $50.21 to Adjua Nkeiruka in settlement of a claim for damages filed with the City of Yakima. It was MOVED by Hinman, seconded by Wonder to reconsider the Consent Agenda and put Items No. 9, 10, 11, 15, 16, 17, 18, 19, 20, and 21, on it: carried, Beaudhamp, Buchanan, Hinman, Lee and Wonder voting aye by voice vote. Edmdndson and Sparling absent. The City Clerk then read the Consent Agenda items, including. resolutions and ordinances, by title. It was MOVED by Wonder, seconded by Beauchamp that the Consent Agenda, as read, be passed: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder votinj,aye on roll call. Edmondson and Sparling absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda to be handled under one motion without further discussion.) *It was MOVED by Wonder, seconded by Beauchamp that Resolution No. D-4164, denying the damage claim filed by Leona E. Reed for an alleged overpayment of her Water, Sewer, Utility Tax bi-monthly bill, be passed: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye on roll call. Edmondson and Sparling absent. RESOLUTION NO. D-4164, A RESOLUTION denying the claim of Leona E. Reed filed with the Ci of Yakima on October 26, 1979. 376 NOVEMBER 13, 1979 *IT was MOVED by Wonder, seconded by Beauchamp that November 27, 1979, be set as the date for the public meeting on Lind Addition Preliminary Plats: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye on roll call. Edmondson and Sparling absent. *It was MOVED by Wonder, seconded by Beauchamp that the report from the City Engineer's Office, dated October 30, 1979, with respect to the completion of the work, on Airport Expansion -- West, Schedule II, performed by Knobel' Electric, ,be approved, the work be accepted and payment of the final estimates as therein set forth is hereby authorized: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye on roll call. Edmondson and Sparling absent. It was MOVED by Wonder, seconded by Buchanan to instruct staff to prepare the proper legislation regarding,the parking restrictions on North 1st Street from Tamarack to I -82: carried, Beauchamp, , .Buchanan, Hinman, Lee and Wonder voting, aye by voice vote. ,Edmondson and Sparling absent. It was MOVED by Hinman, seconded by Buchanan to instruct staff to prepare the proper legislation regarding the "No Parking" zone on the west side of South 3rd Street from S. 2nd St. to Pacific Avenue: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye by voice vote. Edmondson and Sparling absent. It was MOVED by Wonder, seconded by . Beauchamp to approve, Change Order No. 7, revising the date for the Wastewater Treatment Plant construction. Dennis Bertek, Supervising Sanitary Engineer, reported that this Change Order ektends the contract time another 40 days. He stated that the weather last winter was colder than normal and the frost depth in the ground was too heavy to allow excavation. He recommended that the Change Order be `approved to extend the contract provision another 40 days. Councilman Wonder inquired if EPA will approve this Change Order. Mr. Bertek stated that staff has not talked with EPA, but talked with the Corps of Army Engineers and expects that it will be recognized by EPA. Councilman Wonder expressed concern about the approval of the Change Order by EPA and then inquired if'the consulting engineers agreed with the Change Order. Mr._Bertek stated that the consulting engineers have signed the Change Order. Councilman Beauchamp inquired if the Change Order is_going to cost the City more money. Mr. Bertek reported that at this time the contractor has not asked for any additional funds. He cautioned that if the Change Order is not appr6ved,,that might cost the City more money because the contractor will have to accelerate_ his work to meet the original completion date. Council member Lee inquired if 40 - days is a reasonable length of time to extend the contract.' Mr. Bertek stated the contractor requested 54 days, the consulting engineer suggested 38 days and he came up with 40 days. The question was called for the vote on the Motion: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye by voice vote. Edmondson and Sparling absent. ' *It was MOVED by Wonder, seconded by Beauchamp that Resolution No. D -4165, authorizing the purchase of a traffic signal controller, without calling for bids, be passed: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye on roll call. Edmondson and,Sparling absent. RESOLCTTION NO. D -4165, A RESOLUTION authorizing and ratifying the purchase of a traffic signal controller without calling for bids. It was MOVED by Wonder, seconded by Beauchamp that Ordinance No. 2345, granting major modifications to a Planned Development one for property situated at 1015 South 40th Avenue, as requested by Sun Development, Inc., be passed: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye on roll call. Edmondson and Sparling absent. ORDINANCE NO. 2345, AN ORDINANCE granting major modifications to a Planned Development Zone for certain property situated at 1015 South 40th Avenue within the City of Yakima, Washington. It was MOVED by Wonder, seconded by Beauchamp that Ordinance.No. 2346, accepting the recommendation of the Planning Commission and rezoning property at 111 North Naches Avenue as requested by Johnson /Washburn, be passed: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye on roll call. Edmondson and Sparling absent. ORDINANCE NO. 2346, AN ORDINANCE accepting the recommendation of the 377 NOVEMBER 13, 1979 Planning Commission and rezoning property at 111 North Naches Avenue in the City of Yakima, Washington, from R-3, Multiple Family Zone and Planned Development Zone, to Planned Development Zone. It was MOVED by Wbnder,,seconded by Beauchamp that Ordinance No. 2347, fixing the ;time of delinquency and providing for the issuance of installment notes for the payment of L.I.D. No. 1017, Larson Irrigation District, be passed: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye On roll call. Edmondson and Sparling absent. ORDINANCE NO.- 2347, AN ORDINANCE fixing the time of delinquency of installments of assessments levied for the payment of the cost of the improvement in Local Improvement District No. 1017, and providing for the issuance of Local Improvement District Installment Notes for the payment of the unpaid portion thereof. It was MOVED by Wonder, seconded by Beauchamp that Ordinance No. 2348, fixing the time of delinquency and providing for the issuance of bonds for payment of L.I.D. No. 1019-A, Airport Industrial Park Water District (domestic_water),'be passed:, carried, Beauchamp, Buchanan, Hinman, Lee and Mbnder voting aye on roll call. Edmondson and Sparling absent. ORDINANCE NO. 2348, AN ORDINANCE fixing the time of delinquency of installments of assessments levied for the payment of the cost of the improvement in Local Improvement District No. 1019-A, and providing for the issuance of bonds with coupons attached for the payment of the unpaid portions thereof. *It was MOVED by Wonder, seconded by Beauchamp that Ordinance No. 2349, fixing the time of delinquency and providing for the issuance of bonds for payment of ,L.I.D. No. 1019-B, Airport Industrial Park Water District, (fire service), be passed: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye on roll call. Edmondson and Sparling absent. ORDINANCE NO. 2349, AN ORDINANCE fixing the time of delinquency of installments of assessments levied for payment of the cost of the improvement in Local Improvement District No. 1019-B, and providing for the issuance of bonds with coupons attached for the payment of the unpaid portion thereof. It was MOVED by Wonder, seconded by Beauchamp that Ordinance No. 2350, fixing the time of delinquency and providing for the issuance of bonds for the payment bf L.I.D. No. 1021, Pierce Street Water District, be passed: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye on roll call. EdMondson and Sparling absent. ORDINANCE NO. 2350, AN ORDINANCE fixing the time of delinquency of installments of assessments levied for the payment of the cost of the improvement in Local Improvement District No. 1021, and providing for the issuance of bonds with coupons attached for the payment of the unpaid portion thereof. Councilman Hinman reported that he was contacted by the Yakima Youth Task Force regarding a request that a young person be appointed to the Cable TV Advisory Commission, but with a shorter term to serve. He stated that he thinks it would be a good idea. City Manager Zais stated that appointments' have not yet been made to the Commission. Councilman Wonder questioned if Council would like to consider an ordinance that would restrict any Council members from acting on any notion, resolution or ordinance which would effect any organization to which that Council member belongs, other than government organizations. He stated he feels it is a potential for conflict of interest. City Attorney Andrews 'stated that he does not have any legal opinion on this now, however, there are occasions where it is an apparent conflict of interest or incompatibility of office. He stated he would have to look and see what has been done in other cities and read some articles on this on the general law. Councilman Buchanan stated he would like to see some research done on this subject. He stated that this was discussed at a AWC Seminar in Richland. Councilman Hinman stated he agrees with Councilman Wonder, however, he expressed some concern about being too restrictive in prohibiting Council members from voting on an issue. He stated he thinks Council should -go over the Conflict of Interest and Doctrine of Fairness Rulings. City Attorney Andrews stated that we can do Ithat, but that is different from Councilman Wbnder's 378 NOVEMBER 13, 1979 request. Acting Mayor Lee stated that she would like some definite guidelines. City Attorney Andrews suggested that Council do the overview first, and then do the study. It was the general consensus of the Council to do so. City Manager Zais informed Council that according to State law the budget hearing on the 27th must be continued on consecutive days, or the public hearing may be closed and public meetings may continue. It was MOVED by Wonder, seconded by Hinman to go into Executive Session for the purpose of discussing pending litigation and disposition of property, and then adjourn the meeting: carried, Beauchamp, Buchanan, Hinman, Lee and Wonder voting aye by voice vote. Edmondson and Sparling absent. • - Its of information supplied to Council were: letter of resignation fran the Board of Adjustment frcm Don Conner, 11/2/79; memo from City II/ Attorney re Housing Authority, 11/6/79; agenda for November 13th Housing Authority meeting and copy of their October 9th minutes; memo from City Attorney, re Southeast Rezone Laesuit, 11/6/79; letter to Mr. and Mrs. Melville Ford from the Supervising Traffic Engineer regarding lighting on Naches Avenue in response to their inquiry at the October 16th Council meeting, 11/1/79; memo fran Director of Ccmmunity Development re Outside Utility Request fran James Smith for sager and water service for property located south of Pierce Street, between 12th and 14th Avenue, 11/6/79; Yakima Air Terminal Monthly Report for September, 1979; memo from Director of Environmental Health, Yakima Health District, re liaison with incorporated cities, 10/29/79; letter of protest from Dennis Damian re 1980 budget, 11/6/79; and Conference of Governments Newsletter, Volume 5, No. 11, 11/2/79. Following the canpletion of the Executive Session, and being no further business to cane before the Council, the meeting was adjourned at the hour of 10:05 P.M. , .„•/- READ AND CERTIFIED ACCURATE BY DATE /3 P 7 :.■!UNCI IMAN DATE_24 - COUNCIIMAN AITEST : ezosi,A CITY r Acting MAYOR