HomeMy WebLinkAbout04/09/1991 Business Meeting 357
CITY OF YAKIMA, WASHINGTON
APRIL 9, 1991
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, George Pechtel, Skip Semon and Bernard
Sims present on roll call. City Manager Zais, City Attorney Vanek,
City Clerk Roberts and Deputy City Clerk Lovell also present.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Public Works Director Jerry
Copeland.
3. 'OPEN DISCUSSION FOR THE GOOD OF THE ORDER
None.
4. CONSENT AGENDA
Mayor` Berndt referred to the items placed on the Consent Agenda,
questioning whether there were any additions or' deletions from
either Council members or citizens present. It was the consensus
of Council to remove Item Nos.,8 and 9 and add Item No. 16 -A to the
Consent Agenda. The City Clerk then read the Consent Agenda items,
including resolutions and ordinances by title. It was MOVED
BY BUCHANAN, SECONDED BY BEAUCHAMP, THAT THE CONSENT'AGENDA, AS
READ, BE PASSED. The motion carried by unanimous' roll call vote.
(Subsequent paragraphs preceded by an asterisk ( *) indicate items
on the Consent Agenda handled under one motion without further
discussion.)
*5. APPROVAL OF THE MINUTES OF THE MARCH 12, 19 AND 26, 1991 COUNCIL
MEETINGS
" The Council-Minutes of 12, 19 and°26, 1991 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
Mayor Berndt read the following proclamations:
The week of April 8 -12, 1991 was designated as Yakima Building
Safety Week. The proclamation was accepted by Code Administration
Manager Bob Shampine.
•
The week of April 14 -20, 1991 was designated as Radiologic
Technology Week. The proclamation was accepted by Don Garberg,
President of the Washington Society of Radiologic Technologists.
AAD /1
3 5 8 APRIL 9, 1991
The week of April 14 -20, .1991 was designated as National Library
Week. The proclamation was accepted by Mary Lou McGalliard, Deputy
Director of the Yakima, Valley Regional Library.
7. PUBLIC HEARING ON NORTH FRUITVALE ANNEXATION PHASE 2 (SEE
ORDINANCE ANNEXING PROPERTY)
This being the time set for public hearing, Senior Planner John
Elsden stated that he had nothing to add to the staff report at
this time. Mayor Berndt opened the public hearing for public
comment, Colleen Martin, 1109 North 22nd Avenue, spoke in
opposition to the annexation, stating that she was satisfied with
services currently provided by the County. Raymond Johnston, 2700
Fruitvale #43, asked why property south of Fruitvale Boulevard was
included in this annexation. Mr. Elsden explained that the
annexation boundary was expanded by citizen request. Rae Ganzman,
owner of the Swiss Village Motel, spoke against the annexation,
citing the cost of hooking up to City services as a major concern.
Mayor Berndt assured her that she would not be required to connect
to City services as long as her well and septic tank were
functioning properly. Council members also reassured Mrs. Ganzman
that she can expect high quality police and fire protection as a
City resident. Sandy Punning, owner of Regal Mobile Estates at
2700 Fruitvale, was concerned with anticipated charges for
connection to City services. City Manager Zais will direct staff
to provide specific connection and rate information to Mrs.
Ronning. Anita Issacson, 2306 River Road, objected to the
annexation on behalf of her neighborhood. She also asked
specifically if she could continue to board a horse on her property
during the winter months. Planning Manager Don Skone answered that
she could continue to board the horse as long as she is in
compliance with the Urban, Area Zoning Ordinance. Evelyn ,,Wilkins,
` 901 North 26th Avenue; spoke in favor of the' annexation, stating
that she was looking forward to improved utility and law
enforcement services. For future annexations, Council member Sims
encouraged better communication by City staff to explain the
process and effects of annexation.
There being no further discussion,_ Mayor Berndt closed the public
hearing. Ordinance No. 3352, having been read by title, it was
MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE ORDINANCE. The
motion carried by unanimous roll call vote.
ORDINANCE NO. 3352, AN ORDINANCE annexing property to the City of
Yakima and zoning said property (North Fruitvale Phase 2
Annexation).
8. REPORT FROM COUNCIL TRANSIT COMMITTEE REGARDING ISSUANCE OF RFP FOR
DOWNTOWN TROLLEY OPERATIONS
Acting Transit Manager John Haddix advised Council that he had
nothing to add to the staff report at this time. Council member
Beauchamp stated that he requested removal of this item from the
Consent Agenda because he was concerned about compromising the
quality of personnel for such an important investment. Since the
Council action to purchase the trolleys resulted in some adverse
publicity, Mr. Beauchamp wanted to insure a high quality of
AAD /2
APRIL 9, 1991 3 5 9
operation for the vehicles. He felt that contracting out for this
service might result in the hiring of `underqualified, lower paid
. drivers. Council member Barnett asked if the City,could terminate
employees if they are hired for a one -year program and it is
discontinued. City Attorney Vanek explained that employees may be
laid off if there is a reduction in work, subject to,Civil Service
guidelines. Mr. Haddix explained that as an UMTA grant recipient,
the City is required to request proposals from the private sector,
but is not required to accept any of the proposals. Council member
Pechtel strongly felt that the proposal should be opened to the
.private sector, and taxpayers should be allowed the opportunity to
participate in the process. Council member Beauchamp asked that
. the specifications for proposals be amended to require that
proposals a plan illustrating how the trolley work force
will`be ethnically diversified to reflect the population.
Larry Mathews, 805 South 17th Avenue, objected to the City
contracting out for service. He felt that the proposal was
insulting to City transit drivers, ,and that the proposed action
would be a disservice to the community. Richard Andring, 203 South
8th Avenue, felt that the vehicles should be operated by City
transit drivers since the trolleys are owned by the City. He
felt the Transit staff could do the best job of dealing with
problems, without adding another level of bureaucracy. It was
MOVED BY PECHTEL, SECONDED BY SEMON, TO REQUEST PROPOSALS FROM
PRIVATE ENTERPRISE FOR THE PROVISION_ OF. OPERATORS FOR THE DOWNTOWN
SHUTTLE SERVICE. The motion carried'by unanimous voice vote.
9. CONSIDERATION OF RESOLUTION DECLARING EXISTENCE OF AN EMERGENCY
SITUATION AND CALLING FOR THE CONSTRUCTION OF DOMESTIC WATER MAINS
WITH CITY FORCES
City Attorney Vanek clarified the resolution, drafted according to
State law, declaring an emergency in the Fairview /Sumac area.
Adoption of this resolution is a necessary step in order to allow
• City forces to perform the work without calling. for bid.
Supporting documentation from the Yakima'Health District shows the
situation to be widespread and persistent. Mr. Vanek explained
that the emergency declaration allows the City to waive the State
bid requirement. State common law defines an emergency as sudden,
emergent and involving public health. The resolution declares and
certifies the emergency, and directs the City Manager.to prepare
appropriate plans and specifications for the immediate construction
of the water mains with City forces. It also authorizes and
directs that a description and estimate of the cost of the work to
be performed be published in a newspaper of general circulation
within a certain period of time. Mr. Vanek stated that Central
Concrete and Utilities Company submitted a request to open the
project to bid, arguing that the job can be done at a lower cost in
the private sector, with only a two week delay in completion of the
project. Mr. Vanek cautioned the Council that cost alone cannot be
the determining factor. Mr. Vanek advised Council that a
determination has not been reached on the legality of requiring
citizens to connect to the water main. He plans to return to
Council with a legal opinion on April 23rd....He is,,.also._,.examining
modifications that may be necessary to and the
connection charge ordinance.
AAD /3
3 6 6 APRIL 9, 1991
City Manager ,Zais addressed the contracting out issue, stating
that timing is the crucial element in this entire project. City
staff estimates that the bid process would add at least 90 days to
the time frame for project completion. He said that there are also
some very real cost savings that can be gained by utilizing City
forces. Council member Pechtel objected to bypassing the bid
process, stating that the public sector should have an opportunity
to compete for the job. Richard Andring, 203 South 8th' Avenue,
encouraged 'opening the bid process to private contractors, and
questioned the extent of the emergency since only a small number of
wells were tested. Mr. Andring objected to charging all citizens,
of the City to provide a system to a small number of individuals.
Ordinance No. D -5894, having been read by title, it was MOVED BY
BEAUCHAMP, SECONDED BY'BARNETT, TO ADOPT THE ORDINANCE. The motion
carried on a 5-2 roll call vote; Pechtel and Sims voting nay.
Council member Pechtel explained his vote, stating the work could
be done faster and better by the private sector.
RESOLUTION NO. D -5894, A RESOLUTION certifying the existence of an
emergency situation and calling for the construction of domestic
water mains with City.forces.
*,10., CONSIDERATION, OF RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY AT
•202 NORTH 2ND STREET - FOR MUNICIPAL PARKING
RESOLUTION 'NO; D -5895, A RESOLUTION. authorizing the execution of a
Purchase and Sale Agreement for property located at 202 North 2nd
Street, Yakima, Washington.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT
NO. 2 TO THE FAA GRANT AGREEMENT FOR PROJECT NUMBER 3 -53- 0089 -10
RESOLUTION NO. D -5896, A RESOLUTION authorizing, ratifying, and
adopting Amendment No. 2 to the grant agreement. for federal
assistance, between the Federal Aviation Administration and the
Yakima'Air Terminal Board for project number 3 -53- 0089 -10.
*12. SET DATE OF PUBLIC MEETING FOR APRIL 23, 1991 TO CONSIDER THE
HEARING EXAMINER DECISION ON THE REQUEST BY ESD 105 TO VACATE
A PORTION OF SOUTH 2ND AVENUE
April 23, 1991 was set as the date of public meeting to consider
the decision of the Hearing Examiner for the partial street
vacation of South 2nd Avenue requested by ESD #105.
*13. APPROVAL TO USE THE VALLEY MALL AS STAGING AREA FOR TRANSIT
SERVICES TO THE YAKIMA AIR FAIR
The use of the Valley Mall site as an annual Air Fair Park and Ride
location was approved.
*14. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE SALE OF ADVERTISING
AT DUNBAR SOFTBALL FIELD
ORDINANCE NO: 3353, AN ORDINANCE relating to parks and playgrounds;
authorizing the sale of advertising at Dunbar Softball Field;
AAD /4
APRIL 9, 1991 3 6 1
amending Section 13.16.060 and enacting a new Section 13.16.065 all
of the City of Yakima Municipal Code.
SECOND' READING,' OF ORDINANCE AMENDING THE 1991 BUDGET AND
'APPROPRIATING 'FUNDS FOR MILLER AND OPERATING COSTS
• An Ordinance amending' the 1991 budget and appropriating funds for
Miller Pool repairs and operating costs, having been read by title
only at the March 26, 1991 meeting, was brought before the Council
for 'a second reading.
ORDINANCE NO. 3354, AN ORDINANCE amending the 1991 budget for
the City of Yakima; making appropriations for Miller Pool repairs
and operating costs from Unappropriated Fund Balances within
various Funds for expenditure during 1991.
16. OTHER BUSINESS
*A. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING
BEFORE THE HEARING EXAMINER FOR MAY 1, 1991 FOR VACATION OF
ALLEYS REQUESTED BY YAKIMA COUNTY
RESOLUTION NO. D -5897, A RESOLUTION fixing time for public hearing
by the Hearing Examiner May 1, 1991 on a_'petition to vacate the
alleys between North Front Street and North First Street and East
"A" Street and East Lincoln Avenue.
Information Items:
Items of information supplied to Council were: VISIONING YAKIMA
2010 Meeting Schedule; 4/10 - 5/24/91; Letter frcm Senator Brock
Adams regarding funding for Immigration and Naturalization Service
activities in Yakima. 3/28/91; Letter from Governor Booth Gardner
regarding appointment of Mayor Berndt to the Council on Substance
Abuse. 3/29/91; Notice of State Bicycle Plan Policy Forums in
April; Letter from Grace Hall commending Council for decision to
open Miller Pool. 3/21/91; Invitation from SEAFIRST to attend
Financial Management for the Closely Held Business seminar
scheduled for May 9th & 10th; Letter from Director of Engineering
and Utilities to property owners in Apple View Sewer Local
Improvement District regarding possible increase in estimated
assessment. 3/29/91; Letter from Yakima Air Terminal Manager
expressing appreciation for assistance from the Police Department
to keep the airport in compliance with FAA security regulations.
3/29/91; Memo from Captain Follansbee regarding Yakima Police
Airport Security Assistance Summary. 3/28/91; Memo from Public
Works regarding Graffiti on Sunfair Park Bus Benches. 4/4/91;
First Quarter 1991 report on Yakima County Development Association
activities; Monthly Service Request report fran Traffic Engineer
for March 1991; Rebound Plus Status report. 4/9/91; Article
from the April 1991 The Oregon Stater, "Ballot Measure "; Cable
Cues Newsletter. Spring 1991; Article from Winter 1991 Law
Enforcement Executive Journal, "Meeting the Cultural Challenge" by
Pleas J. Green; Minutes of the March 28, 1991 Yakima Air Terminal
Board meeting; and Agenda for the May 4, 1991 Eastern Washington
Cities Coalition meeting and minutes of its February 20, 1991
meeting.
AAD /5
3 6 2 APRIL 9, 1991
17. EXECUTIVE SESSION
It was MO VED BY BUCHANAN, SECONDED BY 'SIMS," TO ADlJe ' TO EXECUTIVE
SESSION REGARDING ACQUISITION OF PROPERTY, WITH IMMEDIATE
ADJOURNMENT THEREAFTER PO APRIL "13,.1991 AT 9:00 A. M. FOR COUNCIL
RETREAT AT THE'YAKIMA CENTER BOARD ROOM. The motion carried by
unanimous voice vote.
18. ADJOURNMENT
Following completion of the Executive Session, the meeting was
adjourned at 4:00 P.M.
READ AND CERTIFIED ACCURATE BY: /fie ( - ?
OUNCI MEMB r , T 7/
7114." y q/
Ci CIL Row DATE
ATTEST:
CITY CLERK MAYOR
Minutes prepared by Deputy City Clerk Lovell
AAD /6