HomeMy WebLinkAbout06/27/1989 Business Meeting 186
JUNE 27, 1989
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, Lynn Buchanan, Lynn Carmichael, Jerry Foy and
Bernard Sims present on roll call. City Manager Zais,
City Attorney Vanek, City Clerk Roberts and Deputy City
Clerk Toney also present. Henry Beauchamp present at
2:02 P. M.
2. INVOCATION
The Pledge of Allegiance was led by Council member
Carmichael.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Mayor Berndt stated last week Council member Foy was
appointed to the Yakima District Board of Health,
however, Council needs to appoint a representative to
serve as a second alternate, noting that Council member
Beauchamp currently serves as first alternate. It was
agreed that Council member Sims would become the second
alternate.
Council member Buchanan commended Mayor Berndt for
completing the 100 mile bike ride from Seattle to
Portland this past weekend.
Council' member Buchanan mentioned at the last Air
Terminal Board Meeting that Bob Clem was' reappointed to
the Yakima Air Terminal Board, pending approval by the
City Council and County Commissioners. Mr. Buchanan
stated theoretically this is the one position appointed
by the Board and approved by the City and County
entities, therefore, the City should take action on this
after a letter is received from the Yakima Air Terminal
Board announcing the reappointment of Mr. Clem.
Referring to the minutes of the June 1, 1989 Yakima Air
Terminal Board meeting, Council member Buchanan noted the
irregularity of the scheduled meetings. He reported that
the meetings are supposed to be held on the fourth
Wednesday of the month, however, the meetings appear to
be rescheduled to suit individual board member's
schedules. Council member Buchanan stated he thinks
the Council should review the composition of the Airport
Board and the manner in which they have been conducting
the meetings. He stated the Board meets to discuss
public business and the holding of the regular meetings
at such irregular intervals does not permit the public to
attend. Mayor Berndt stated she thinks the meeting
schedule is a valid point and the meeting should be held
on the established meeting day. Council member
Carmichael stated they need to be more in tune with the
governing bodies in conjunction with the operation of
that facility.
Council member Barnett referred to the proposal made last
week for the formation of the task force to investigate
the possibilities of implementing a recycling program
such as the one in Spokane. Mr. Barnett expressed
concern about the elderly and handicapped being able to
get their refuse to the drop boxes. He asked that any
burden placed on these citizens be given consideration.
With respect to the task force, he requested they
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carefully consider the items selected for recycling to
make sure there is a market for them and also that the
market is not . overly saturated. Mr. Barnett also asked
the task force to review the conditions imposed by the
State to ascertain if they might be unreasonable when a
city applies for grant money under the new legislation
that Mayor Berndt alluded to last week. Mayor Berndt
stated the State is supposedly already studying the
marketability issue of the recyclables. (Council member
Carmichael absent from '2:08 P.M.' to 2:22 P.M.). Council
member Foy referred to the article in The Phoenix
regarding recycling which discusses the over supply and
the issue of cooperation between private and public
sector. The article stated that items such as paper,
glass, plastic, textiles, leaves and wood are not good
recycling products. He further stated the article
mentions that local scrap processors are interested in
offering their expertise in this field and suggested that
Mr. Shapiro, or a representative of Chicago Junk, be
contacted relative to serving on the task force. Council
member Foy asked Public Works Director Copeland about the
question' posed last week regarding the law relating to
yard refuse service. Mr. Copeland said John Hanson,
Director of Budget and Finance, is investigating that
issue. Mr. Hanson indicated that staff is awaiting a
response from the Association of Washington Cities
regarding the yard • refuse issue, as well as the
interpretation of the definition of commercial versus
residential. He stated a report will be provided to the
Council when the information is received. Council member
Buchanan reported that he was recently in the state of
Rhode Island and learned that they are shipping cardboard
and newspaper to Europe at a cost of $20 per ton. He
stated this material does not decompose and even though
it may cost to ship it elsewhere, that is still cheaper
than building landfills for the state of Rhode Island.
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 the Council to add
Item No. 7, Item No. 8 B, and remove Item No. 13 and
Item No. 14. Mr. Shahid Ohad, 1313 Browne Avenue, asked
for clarification regarding the significance of placing
• Item No. 7 on the Consent Agenda: - -Mayor Berndt explained
that means the'staff recommendation to place a traffic
signal at the intersection of 10th Avenue /Custer and
Summitview Avenues will be approved without further
discussion. Council member Foy added the next step will
be to determine the source of funding for the project.
Mr. Ohad indicated he is in agreement with the staff
report and recommendation and thanked Council for the
quick response to this petition for a traffic signal.
Mr. Ohad asked if he might be indulged by the Council
for a moment at which time Mayor Berndt asked that he
step to the microphone to -be' heard. Mr. Ohad asked if
there is any validity to the article he had read in the
newspaper regarding the announcement by Council member
Foy that he will not be seeking re- election. Mr. Foy
stated the article was correct. Mr. Ohad expressed his
regrets about this decision. The City Clerk then read
the Consent Agenda items, including resolutions and
ordinances by title. It was MOVED BY SIMS, SECONDED
BY BEAUCHAMP, 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.) '
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* 5. APPROVAL OF MINUTES OF THE COUNCIL MEETING OF JUNE 20,
1989
The Council minutes of June 20, 1989 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
On behalf of Al Bell and Rick McCleary, KIT Radio News
Reporter Patty Pavlish presented Council member Barnett
with a T -shirt making him an honorary member of the KIT
"Rooster Club" due to the fact that he is such an early
riser.
* 7. REPORT FROM TRAFFIC ENGINEERING REGARDING PETITION
REQUESTING OVERHEAD SIGNAL AT 10TH AVENUE AND SUMMITVIEW
The report from the Traffic Engineering Manager
recommending a complete traffic signal installation at
the intersection of 10th Avenue /Custer and Summitview
Avenues, and that funding for this installation be
explored as recommended in the Summary Explanation, was
accepted and approved. (A final report with
recommendations based on further analysis of the three
proposed funding sources will be submitted at a later
date.)
8. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF
AGREEMENTS FOR ELDERLY AND HANDICAPPED TRANSPORTATION
SERVICES:
A. DIAMOND CAB FOR DIAL -A -RIDE PROGRAM
Transit Manager Schultz stated the report is self
explanatory and yielded to inquiries from Council
members. Council member Foy referred to the letter from
People for People, Inc. and suggested this issue be
tabled for one week to allow time for staff to respond to
comments contained in the letter. Council member Barnett
expressed concern about the allegations made that the
staff report is misleading and inaccurate. Mr. Schultz
stated he does not have any objection to delaying the
decision, however, such action will necessitate extending
the bids for this time period. It was MOVED BY FOY,
SECONDED.. BY BARNETT, TO .TABLE THE .ISSUE FOR TWO .WEEKS TO
ALLOW .STAFF`. TIME TO. RESPOND TO THE .MEMORANDUM. Carried
by 4 -3 roll call vote. Carmichael, Beauchamp and
Buchanan voting nay. Mayor Berndt stated Larry Mathews,
805 South 17th Avenue, had asked to speak to this issue
and requested he return in two weeks. He indicated he
would do so.
*B. PEOPLE FOR PEOPLE FOR PROVIDENT INDUSTRIES SHUTTLE
SERVICE
RESOLUTION NO...D- 5594, A RESOLUTION awarding a contract
to People for People, Inc. for Provident Industries
Shuttle Service. (Contract No. 89 -41.)
9. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS
VEGETATION AND DEBRIS ABATEMENT PROGRAM
Glenn Rice, Director of Community & Economic Development,
said he had nothing further to add and knew of no one
present to address the matter. There being no one
present to speak to the issue and Resolution No. D -5596
having been read by title, it was MOVED BY CARMICHAEL,
SECONDED BY BUCHANAN, THAT THE. RESOLUTION BE ADOPTED.
Unanimously carried by roll call vote.
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JUNE 27, 1989 18 3
RESOLUTION NO. D- 5595., A RESOLUTION authorizing the Code
Administration Manager to clear certain weedy lots.
10. RECONSIDERATION OF WATER PROJECTS MANAGER POSITION
Water Superintendent, Ty Wick, stated this item was
brought back as a result of the ,discussion at the May 23,
1989 Council meeting. The report and recommendation is
:to reinstate the Sanitary Engineer position with a
starting salary of $14.27 per hour rather than create a
new position of Water Projects Manager. Mr. Wick
responded to questions regarding the salary range and the
scope of the duties for this position. Council member
Beauchamp stated if the work to be performed by the
Sanitary Engineer will be completed in one year, why not
hire a consultant rather than hiring a full time
employee? Mr. Wick stated that with the anticipated
increased work load resulting from the Water
Comprehensive Plan and the Irrigation Comprehensive Plan,
plus all of the ongoing Capital Improvement Projects, it
would be better to hire a Sanitary Engineer rather than
use a consultant. Council member Barnett stated, "the
City already has a City Engineer, a Construction Engineer
and three Construction Inspectors; can't they handle the
load ?" Mr. Wick stated the Engineering Department is
busy doing street construction projects and has had very
little involvement in the Water Department Projects.
Council member Barnett asked if this would not still fall
within their scope of responsibilities? Mr. Wick stated
in the past the Engineering Department has not had the
time to do these types of projects. Council member
• Beauchamp reiterated his concern about locking the City
into hiring personnel into a permanent position when a
consulting engineer could perform the duties. A
discussion ensued regarding the history of, the position
of the Sanitary Engineer in which Council member
Carmichael spoke of various projects over the past years.
She•stated that the City should have been planning ahead
and retained a person, such as former City Engineer
Dennis Bertek, to move into this kind of position. She
,commented these are not projects for which a consultant
can easily be hired, without knowing the history of the
projects and inner. workings .. of the City., The Capital
Improvement Projects are all inter- related and will
remain so in the future. Following, further, comments by
Mrs. Carmichael, Council member Beauchamp pointed out
that Dennis Whitcher (current City Engineer) was brought
in from a local consulting firm and he managed to blend
very well with staff in performing his duties. Council
member .Carmichael stated that that is because he had
been working with staff as a consultant for the City
under the supervision of City staff. She emphasized
that Council made a decision two years ago that
additional staff was necessary.in this department and the
City .would .derive more benefit if this was a permanent
employee rather than a consultant. Council member
Buchanan stated this issue has been debated for a long
time and it is time to hire for the position. He added
that if the need arises in the future, the position can
be deleted. Council member Foy commented that type of
employment process is a poor incentive for the person to
be hired into the position•., City. Manager: Zais recalled
that the City originally had two staff Sanitary Engineers
(Dennis Bertek and Jon Weise), a consultant Engineer to
assist with contract administration (Dennis Whitcher),
and R. W. Beck (the design consultant engineer); all of
whom dealt with Wastewater Treatment Plant Engineering
responsibilities and not with the water element of the
Capital Improvement Project. He stated upon completion
of the Wastewater Treatment Plant the Department of
'Engineering and Utilities reduced the two Sanitary
Engineer positions, thereby enabling the City to save
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money. He stated the, City will '.eventually have to
rebuild the staffing level to address some of the
Capital Improvement Project needs. Mr. Zais stated
consultants have been effectively utilized in the past
and the City has benefited from those services, however,
on -going staff continuity is important and necessary at
this time. Council member Foy suggested hiring an
individual on a personal services contract. City Manager
Zais responded that type of arrangement works in some
instances, however, is not advisable with respect to
current staffing needs and the length of time those
engineering services will be needed. City Manager Zais
reviewed the history of the contract with R. W. Beck
for the Wastewater Treatment Plant with respect to the
hiring of Dennis Bertek, Jon Weise and Dennis Whitcher;
all of whom were hired to work through the completion of
that project. He explained that Jon Weise knew his
contract was about to expire and accepted a position
• elsewhere and because of the growing need to establish
the position of City Engineer, Dennis Bertek was promoted
to that position after the settlement of the lawsuit with
R. W. Beck. Sometime later Mr. Bertek resigned to take
a position for the Port of Portland and Dennis Whitcher
was hired as City Engineer. His past experience of
having worked with the City as a consultant was not only
to his best interest, but to the City as well. With
respect to the position in question and the work to be
performed, Mr. Zais indicated the timeframe will be more
than a year because the Comprehensive Water Plan will
take a number of years to complete. He indicated in that
regard it is staff's belief that hiring a professional
engineer will be more advantageous to the City. Council
member Barnett stated it appears that when staff re -wrote
the job description for today's session they enhanced the
duties for appearance sake. Council member Buchanan
stated there are other Capital Improvement Projects on
the same list that current staff has been unable to
address due to insufficient staffing. He said the City
is going to have to do something about irrigation and /or
sewer lines sooner or later and staff needs to be working
on these issues. It was MOVED BY CARMICHAEL,. BY
SIMS, TO APPROVE A .SANITARY ENGINEER IN THE WATER
DIVISION WITH FUNDS .CURRENTLY,. BUDGETED.. FOR THE WATER
PROJECTS POSITION 'BEING UTILIZED FOR THE CREATION OF THIS
POSITION. Carried by 4 -3 .voice vote. Barnett, Beauchamp
and Foy voting nay.
*11. CONSIDERATION OF RESOLUTIONS REGARDING LEASE OF TELEPHONE
SYSTEM:
A. RESOLUTION AUTHORIZING AMENDMENT TO EQUIPMENT
AGREEMENT WITH AT &T INFORMATIONS SYSTEMS, INC.
RESOLUTION NO. D-5596, A RESOLUTION. authorizing an
amendment to Equipment Agreement No. GC1296567 with AT &T
Information Systems, Inc. (Contract No. 89 -42.)
B. RESOLUTION AUTHORIZING EXECUTION OF EQUIPMENT
AGREEMENT AND CONSENT WITH AT &T INFORMATION SYSTEMS,
INC. AND BELL ATLANTIC TRI CON CORPORATION
RESOLUTION NO. D -5597, A .RESOLUTION authorizing the City
Manager to execute an Equipment Agreement and Consent
with AT &T Information Systems, Inc. and Bell Atlantic Tri
Con Corporation. (Contract No. 80 -43.)
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
LEASE AGREEMENT WITH CENTURY PLAZA.- A PARTNERSHIP, FOR
OFFICE SPACE AT 201 EAST LINCOLN, SUITE 5 FOR THE LEGAL
DEPARTMENT
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RESOLUTION NO. D -5598, A RESOLUTION authorizing a lease
for Legal Department office space from the Century Plaza
Partnership. (Contract. No. 89 -44.)
,; 13l., CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL.SERVICES AGREEMENT WITH:TRAHO STUDY OF
TRANSIT FACILITY NEEDS AT PUBLIC WORKS COMPLEX
Council member Barnett explained he requested this be
removed from the Consent Agenda so he could vote on the
issue. Resolution No. D -5599 having been read by title,
it was MOVED BY CARMICHAEL, SECONDED BY SIMS, THAT THE
RESOLUTION BE ADOPTED. Carried by 5 -2 roll call vote.
Barnett and Foy voting nay. Council member Barnett
stated he voted against this .because he,.did not agree
with all of the expenditures listed for capital
expenditures.
RESOLUTION NO. D- 5599 A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute
an agreement with TRAHO INC. Architects for professional
services. (Contract No. 89 -45.)
*14. CONSIDERATION OF RESOLUTION AUTHORIZING DISPOSITION OF
SURPLUS TANK AT ELKS PARK
Director of Public Works Copeland responded to inquires
by Council members. Discussion occurred regarding the
length of time the tank has been at Elks park and the
question was raised as to. why the tank had not been
enclosed by a fence. City Manager Zais stated he
thought the tank had been there about 16 years. Council
member Carmichael asked why this issue was not brought to
the attention of the Council prior to taking this
action? Council member Sims stated this has been a
topic of discussion with the Parks and Recreation
Commission for a long time now and Council has been aware
of the attractive nuisance for quite awhile. He said he
would not like to see the tank moved to. Louisiana as it
is an important symbol of the past and should not be
discarded, but the City has recently been advised that it
has become a liability. Council members Carmichael,
Barnett, and Buchanan also indicated the tank should stay
in Yakima, however, it should be fenced and /or possibly
moved to a more satisfactory location. Don Clark, 1201
Lombard Loop, Wapato, stated he would like to purchase
the tank for his personal collection if possible. It was
pointed out that the City does not have the authority to
sell the tank as it does not belong to the City. Mr.
Clark recommended building a 12 foot fence with an
anti - personnel barrier around it for protection from the
public. He stated it is being vandalized and needs to be
protected and preserved as it is a valuable piece of
equipment. ° Mr. Clark suggested placing it at the
Fairgrounds or at the Airport inside a fenced area. He
volunteered to work with a committee to raise funds to
provide fencing. Mr. Copeland stated there has recently
been an injury due to a child playing on the tank and
this is an issue the Parks and Recreation has been
struggling with for a long time. Following further
discussion, it was MOVED BY BARNETT SECONDED, BY
CARMICHAEL TO KEEP THE TANK AND LOOK FOR ALTERNATIVE
SAFETY MEASURES. Mayor Berndt stated she would support
the motion with the stipulation that the funds for
fencing not be taken from the Parks and Recreation budget
and that there is support to pay for it. Council member
Carmichael stated she does not want to see anyone else
injured, but she does not want to see the tank destroyed
either because she feels the community can continue to
benefit from it. She expressed appreciation for the
interest expressed by the Kinner Post in Louisiana and
suggested a letter be sent to them with the Council's
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1 9 2 JUNE 27, 1989
apologies. She indicated she-°is .willing find the
financial support to fence the tank. Council member
Buchanan stated he thinks the City of Yakima has a
responsibility to veterans of the war to assist in
protecting and preserving the tank. THE QUESTION WAS
CALLED FOR A VOTE ON THE MOTION. Unanimously carried by
voice vote. Mr. Clark reiterated his willingness to work
with a committee in securing the needed funds and to find
a better location to display the tank
* 15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF MEMO
. OF. AGREEMENT .WITH WASHINGTON STATE .ENERGY OFFICE FOR
PARTIAL REIMBURSEMENT OF A SWIMMING POOL' COVER
RESOLUTION NO D -5600, A RESOLUTION authorizing a
Memorandum of Agreement between the City of Yakima and
the Washington State Energy Office for partial
reimbursement of a swimming pool cover. (Contract No.
89 -46.)
*16. APPROVAL OF BUDGET REPORT FOR MAY 1989
The Budget report for May 1989 was accepted.
*17. SET DATE OF PUBLIC HEARING FOR 1990 -1996 SIX YEAR
TRANSPORTATION IMPROVEMENT PROGRAM FOR JULY 18, 1989
July 18, 1989 was set as the date of public hearing on
the 1990 -1996 Six Year Transportation Improvement
Program.
*18. APPROVAL OF OUT -OF -STATE TRAVEL FOR GENE MARTIN, FIRE
DEPARTMENT, TO EMMITSBURG, MARYLAND
The Out -of -State travel for Gene Martin, Fire Department,
to attend the Fire Executive Development class at the
National Fire Academy, in Emmitsburg, Maryland, July 23
to August 4, 1989, at a cost of $156.00, was approved.
* 19. CONSIDERATION OF AN ORDINANCE AMENDING THE 1989 BUDGET
AND APPROPRIATING FUNDS FOR SUMMER YOUTH PROGRAM FOR
DISABLED CHILDREN (FIRST READING)
An Ordinance amending the 1989 Budget and appropriating
funds for summer youth program for disabled children,
having been read by title only, was laid on the table for
two weeks, until July 11, 1989.
20. OTHER BUSINESS
Mayor Berndt stated some art work has been sent to
Yakima's sister City, Keelung, Taiwan, depicting the
Yakima Valley. This art work is to be used in Keelung's
Ghost Festival this year. Anne Byerrum, of Allied Arts,
suggested the City write to Keelung asking them to send
some art work to be displayed the latter part of August
in an art show here in Yakima. This was the consensus
of the Council.
Council member Buchanan reported that the Air Show was
very successful this past weekend. He expressed concern
that there was so much beer and.. liquor .. present this
year, adding that a public :address system was used
every five to ten minutes to announce the sale of one
particular brand of beer. He questioned if this is
really necessary since the Air Show is billed as a family
event. Mayor Berndt stated the beer tent has been there
in previous years, however, there was more of an emphasis
placed on the alcohol this year than there has been in
years past and perhaps Council should discuss this.
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JUNE 27, 1989 ' 1 9 3
Parks Manager Flaherty announced that staff has
determined that the filter system in Miller Pool is not
repairable and needs to be replaced. He stated it is
hopeful that the opening of Franklin Pool will occur July
15th, with Washington Pool opening about four to five
days later. Mr. Flaherty stated staff is currently
obtaining an assessment of the Miller Pool repairs and
will provide the information to City Council as soon as
it becomes available. In response to an inquiry about
the deadline for completion of the pool projects, Mr.
Flaherty stated the contract was extended to August 15th
due to inclement weather delays, however, the
contractor is working very hard to complete the projects
as originally scheduled. He indicated the grand openings
for the pools will hopefully take place between the 17th
and the 20th of July 'even though the pools may be
operable and open for public prior to that time.
Information Items:
Items of information supplied to Council were: Letter
to Honorable Bob Traxler regarding budget cuts made in
1988 to HUD Section 312 Rehabilitation Loan Program.
6/15/89; Narcotics Enforcement Update and Police Monthly
Report for May 1989; Memo from Director of Public Works
regarding Round Robin Tournament Analysis. 6/27/89
Memo from Street and Refuse Division Manager regarding
Concern of Mr. Salatino (Council meeting of 6/6/89).
6/9/89; Memo from Director of Public Works and Traffic
Engineer, regarding 32nd Avenue between Nob Hill and Mead
Avenue; Memo from Personnel Officer regarding Safety
Training Schedule for 1989 and 1990; Memo from Yakima
Valley Conference of Governments regarding Feasibility of
a Public Transit Benefit Area (PTBA). 6/21/89; Memo
from Code Administration Manager regarding Washington
Association of Building Officials Appointment. 6/19/89;
. Personnel Reports regarding vacancies and open
competition hiring status for June 1989; Article from
June 17, 1989 Seattle Post - Intelligencer, "City Light:
computer Runs 8 -Fold Over Estimate - and Counting "; and
Minutes of the June 1, 1989 Yakima Air Terminal Board
meeting.
21. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING,
PROSPECTIVE LITIGATION AND PENDING LITIGATION
It was MOVED BY BUCHANAN, SECONDED BY SIMS,'TO MOVE INTO
EXECUTIVE SESSION FOR APPROXIMATELY TWENTY MINUTES FOR
THE PURPOSE OF DISCUSSING COLLECTIVE BARGAINING,
PROSPECTIVE AND PENDING LITIGATION, WITH IMMEDIATE
ADJOURNMENT THEREAFTER. Unanimously carried by voice
vote. Carmichael absent.
22. ADJOURNMENT
Following the completion of the Executive Session the
meeting was adjourned at the hourrf 3:55 P.M.
READ AND CERTIFIED ACCURATE BY �> i q
1 � Ia s � . L� J
Co 'iCIL 1E7:- ,. D ATE
h.NCIL'MEMBER DATE
ATTEST:
/ 64f): 401/y
CITY CLERK MAYOR
Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC.
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