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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 AAD /1 187 JUNE 27,1989 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.) ' • AAD /2 188 JUNE 27, 1989 * 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. AAD /3 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 AAD /4 • 1 9 0 JUNE 27, 1989 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 AAD /5 JUNE 27, 1989 191 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 AAD /6 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. AAD /7 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. AAD /8