HomeMy WebLinkAbout02/13/1990 Business Meeting it 0 9
FEBRUARY 13, 1990
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 Henry Beauchamp, Lynn Buchanan,
George Pechtel, Skip Serron and Bernard Sims present on roll call.
Council member Clarence Barnett absent and excused. City Manager
Zais, City Attorney Vanek, and City Clerk Roberts also present.
2. INVOCATION
The Invocation was given by Council member Beauchamp.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Mayor Berndt stated there is a meeting with Senator Slade Gorton
scheduled this Thursday at 3:30 P.M. to give him the same
presentation made to Governor Gardner on the City's drug problems.
Mayor Berndt also mentioned Council received a note from Barbara
Toney, Deputy City Clerk, and Dennis Wtcher, City Engineer, who
will be leaving to go into ministry at Camp Ghormley. The Mayor and
other Council members wished them well.
Mayor Berndt advised Council that if they wish to attend the Rosa
Park banquet as a group, staff can reserve a table for the affair.
Mayor Berndt and Council members Beauchamp and Pechtel gave a.brief
report on the Legislative meeting in Olympia they attended last
week. Ccuunenting on the City's law and justice issue, Council
member Pechtel stated he spoke with Senator McDonald who said this
is a county problem and if they take care of the county, then they
are also taking care of the cities. City Manager Zais stated he
taped a ten minute condensed version of the law and justice
problems, which aired on Seattle's public TV station. He stated he
will make copies of that program available for distribution Mayor
Berndt reminded Council that May 12th is the date of the next
Eastern Washington meeting.
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
general consensus of the Council that Item No. 12 be removed, as
requested. City Attorney Vanek reported that a new agreement in
Item No. 10 has been substituted for the one distributed last
Friday in the packets.. The City Clerk then read the Consent Agenda
items, including resolutions and ordinances by title. It was MOVED
BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE
PASSED. The motion carried by unanimous roll call vote.
Barnett absent. (Subsequent paragraphs preceded by an asterisk ( *)
indicate items on the Consent Agenda handled under one motion
without further discussion.)
*5. APPROVAL OF MINUTES OF THE JANUARY 23, 1990 COUNCIL MEETING
The Council minutes of January 23, 1990 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 presented a proclamation to Ines Rice, in honor of her
88th birthday.
Bob Desgrosellier, President of AFSCME Local 1122, commented that
the picketing outside the City Hall building is being done on the
employees own time. He urged Council to continue negotiations with
the Union and not implement a contract.
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7. REPORT FROM PARKS AND RECREATION COMMISSION REGARDING FISHER PARK
GOLF COURSE AND PARKS BOND ISSUE PRIORITIES
Dave Flaherty, Parks and Recreation Manager, was available to
respond to Council's questions. Mayor Berndt asked if there was an
opportunity last year after they moved the tee to monitor it?
Mr. Flaherty stated the move took place two weeks before the course
closed, so no monitoring was done. He stated this is the third
location for that tee. Council member Pechtel asked if this tee
can be monitored this year before capital dollars are spent on this
tee? Mr. Flaherty stated that is possible. Mr. Flaherty reviewed • Ill
the neighborhood problem in that area, particularly at one
residence where golf balls have been leaving the course and landing
on their property. He stated that other neighbors are opposed to
that family's request that the golf course be closed. He described
the possible solution of installing netting in that area, attached
to seventeen 50' creosote treated telephone poles. Council member
Beauchamp stated he would like to get the neighbor's reaction to
this netting prior to it being installed. Responding to a comment
by Council member Pechtel, City Attorney Vanek stated that the one
house (receiving all the golf balls) was there before the golf
course. Leonard Sherry, 204 So. 69th Avenue, suggested Council
study the fencing at Westwood West Golf Course. He stated he does
not believe a person will get killed or seriously injured by a golf
ball leaving Fisher Park. He also stated that after speaking with
Linda Rodvold, he believes she will continue her campaign to close
the course, even if the City installs fencing or netting because
she wants the course closed. Skip Rodvold stated in 1986 there
were three people killed by golf balls, which is a statistic he
obtained from Washington, D.C. He stated he is not sure the
50' fence will solve the problem. He commented that they are not
in this for the money, but were forced to take this to Court to get
any action taken. He stated he doesn't believe the 40' netting
will solve the problem either. He gave an open invitation to come
to his home to see some of the damage done to his home and
vehicles. He stated he thinks 60' fencing would be adequate based
on watching the balls come over the current fence. Mr. Flaherty
stated that there is a recommendation that staff develop costs for
Fisher Park and bring that back to Council. He stated they
received general information on the cost of putting 900 feet of 40'
netting which is $27,000, $11,000 of that estimate is for the
actual installation of the poles and perhaps that part can be less
expensive if it is let out for bids. It was MOVED BY SIMS,
SECONDED BY BUCHANAN, TO ACCEPT THE REPORT, BUT AS FAR AS THE
EXPENDITURE, THAT WE TAKE THE TIME TO EVALUATE THE TEE CHANGE AND
MORE THOROUGHLY LOOK AT THAT BEFORE WE IMPLEMENT ANY FENCE BUILDING
OR OTHER MODIFICATION. The motion carried by unanimous voice vote.
Barnett absent.
*8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
MUNICIPALITY OF METROPOLITAN SEATTLE FOR WASTEWATER TESTING
RESOLUTION NO. D -5686, A RESOLUTION authorizing an agreement with
the Municipality of Metropolitan Seattle (Metro) for wastewater
testing.
* 9. CONSIDERATION OF RESOLUTIONS APPROVING HOMEOWNERSHIP LOANS:
A. RAY AND MINERVA BROWN
RESOLUTION NO. D -5687, A RESOLUTION of the Council of the City of
Yakima, Washington, authorizing a loan for Raymond D. Brown and
Minerva Brown under the City's Homeownership Program.
B. GERALD AND NANCY DEVOLVE
RESOLUTION NO. D -5688, A RESOLUTION of the Council of the City of
Yakima, Washington, authorizing a loan for Gerald G. DeVolve and
Nancy A. DeVolve under the City's Homeownership Program.
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C. GREGORY AND CHERYL SEWELL
RESOLUTION NO. D -5689, A RESOLUTION of`the Council of the City of
Yakima, Washington, authorizing a loan for Gregory A. Sewell and .
Cheryl A. Sewell under the City's Homeownership Program.
D. CLIFF AND TARA REDFIELD •
RESOLUTION NO. D -5690, A RESOLUTION of the Council of the City of
Yakima,. Washington, authorizing a loan for Clifford E. Redfield,
Jr. and Tara L. Redfield under the City's Homeownership Program.
E. JERRY AND CHERI RICHARDSON
RESOLUTION NO. D -5691, A RESOLUTION of the Council of the City of
Yakima, Washington, authorizing a loan for Jerry R. Richardson
and Cheri L. Richardson under the City's Homeownership Program.
F. GEORGE AND KAREN RODRIQUEZ
RESOLUTION NO. D -5692, A RESOLUTION of the Council of the City of
Yakima, Washington, authorizing a loan for George L. Rodriguez and
Karen M. Rodriguez under the City's Homeownership Program.
G. THOMAS AND REBECCA COLLINS
RESOLUTION NO. D -5693, A RESOLLUTION of the Council of the City of
Yakima, Washington, authorizing a loan for Thomas W. Collins and
Rebecca S. Collins under the City's Homeownership Program.
H. _ RONALD AND JOY WYATT
•
RESOLUTION NO. D -5694, A RESOLUTION of the Council of the City of
Yakima, Washington, authorizing .a loan for Ronald W. Wyatt and
Joy L. Watt under the City's Homeownership Program.
III *10. ...CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT :WITH THE CITY OF
UNION GAP
RESOLUTION NO. D -5695, A RESOLUTION authorizing the execution of an
Intergovernmental Cooperative Purchasing Agreement with the City of
Union Gap.
•
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF QUIT CLAIM
DEED FOR PROPERTY IN VICINITY OF 48TH AVENUE AND NOB HILL BLVD. TO
THE BANNISTER CHARITABLE TRUST FOUNDATION •
RESOLUTION NO. D -5696, A RESOLUTION authorizing the Mayor to
execute a Quit Claim Deed for certain property located in the
vicinity of 48th Avenue and Nob Hill Boulevard.
12. CONSIDERATION OF RESOLUTION ESTABLISHING A POLICY TO STANDARDIZE
EQUIPMENT IN THE PUBLIC WORKS DEPARTMENT
Council member Sims asked why this can't be handled by the
specifications. Don Toney, Fleet Manager, stated they have a
recommendation for standardization of the mowing equipment for the
Parks Department. He stated the mowers are used about six hours a
day, five days a week, and staff has found the Toro brand has less
problems. He stated if the specifications of the bid are so tight
that only a Toro mower can be bid, then we have effectively written
everyone else out, and if we don't, we stand the chance of having
to purchase an inferior product. Council member Beauchamp
commented that this approach could make the City vulnerable to
• price gouging. Mr. Toney stated that in some cases that is true,
or in other cases, a better deal can be negotiated. He stated
staff would obtain quotes from different Toro dealers. Resolution
No. D -5697 having been read by title, it was MOVED BY BUCHANAN,
SECONDED BY BEAUCHAMP, THAT THE RESOLUTION BE ADOPTED. The motion
carried by unanimous roll call vote. Barnett absent.
RESOLUTION NO. D -5697, A RESOLUTION standardizing Parks Division
rotary lawn mowers.
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FEBRUARY 13, 1990
*13. SET DATE OF HEARING FOR FEBRUARY 20, 1990 ON RIGHT OF WAY VACATION
REQUESTED BY DENTAN AND ASSOCIATES AT 401 SO. 13TH AVENUE
February 20, 1990 was set as the date of public meeting for Dentan
Associates Master Application for right -of -way vacation of Spruce
Street between South 12th and South 13th Avenues and expansion of a
non - conforming use.
* 14. APPROVAL OF MONTHLY MOTOR VEHICLE REPORT
The Monthly Motor Vehicle Accident Report for accidents reviewed by
the Accident Review Committee during the month of January 1990, was
accepted.
* 15. APPROVAL OF FINAL CONTRACT PAYMENT FOR CONSTRUCTION OF AERATION
SYSTEM REHABILITATION IMPROVEMENT - CONTRACT A - HEAVY EQUIPMENT
(STANDARD MOTION V -B - ACCEPT CONTRACT AND APPROVE FINAL PAYMENT)
The report from the City Engineer dated February 13, 1990, with
respect to the completion of the work on the Construction of
Aeration System Rehabilitation Improvement - Contract A -Heavy
Equipment, performed by Rogers Machinery Co., Inc., was approved,
the work accepted as "substantially complete" and payment of the
final estimates as therein set forth was authorized.
16. CONSIDERATION OF ORDINANCE RELATING TO LICENSES AND BUSINESS
REGULATIONS, CHANGING FELONY DISQUALIFICATION STANDARDS TO CONFORM
WITH STATE LAW
Ordinance No. 3239 having been read by title, it was MOVED BY
BUCHANAN, SECONDED BY BEAUCHAMP, THAT THE ORDINANCE BE PASSED.
City Attorney Vanek stated that this ordinance would amend the
sections of the Municipal Code to.conform.to state law to permit
the City to use prior• conviction of a felony in denying a
regulatory license or if the felony is directly related to the
activities governed by the license and the conviction date is less
than ten years old. The question was called for a vote on the
Motion. The motion carried by unanimous roll call vote. Barnett
absent. Following discussion regarding the appeal' procedure, it
was the general consensus of the Council to continue the appeal
procedure to be heard by the City Council. .
ORDINANCE NO. 3239, AN ORDINANCE relating to licenses and business
regulations, changing felony disqualification standards for taxi
driver's licenses, private detectives, and private security guard
licenses and amending Sections 5.78.190, 5.48.070, and 5.62.040
of the City of Yakima Municipal Code.
*17. REPORT AND CONSIDERATION OF LEGISLATION REGARDING WASHINGTON AVENUE
EXTENSION STUDIES:
A. REPORT FROM ENGINEERING DIVISION REGARDING WDOT REQUEST FOR
FUNDING PARTICIPATION IN HIGHWAY PLANNING AND RESEARCH STUDY
The report from the Engineering Division recommending the City
participate in the Highway Planning Research Study for Washington
Avenue Extension and South Union Gap I /C, as requested by
Washington State Department of Transportation, was accepted.
B. FIRST READING OF ORDINANCE APPROPRIATING FUNDS TO PARTICIPATE
IN HIGHWAY PLANNING AND RESEARCH STUDY FOR WASHINGTON AVENUE III
(NO FORMAL ACTION REQUIRED THIS MEETING)
An Ordinance appropriating funds for a Highway Planning and
Research Study for Washington Avenue and South Union Gap I /C,
having been read by title only, was laid on the table for one week,
until February 20, 1990.
* 18. CONSIDERATION OF ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE
REGARDING NOTIFICATION OF IMPOUNDMENT OF PRIVATE VEHICLES
ORDINANCE NO. 3240, AN ORDINANCE relating to traffic, regulating
vehicle impoundment; amending Subsection A.of Section 9.48.110 of
the City of Yakima Municipal Code; and enacting new Subsection C to
Section 9.48.110 of the City of Yakima Municipal Code.
•
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*19. OONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN FOR CERTAIN EMPLOYEES (ASSISTANT WASTEWATER
SUPERINTENDENT AND TRANSIT OPERATIONS SUPERVISOR)
ORDINANCE NO. 3241, AN ORDINANCE relating to City personnel;
adopting a classification and compensation plan for City employees
to be effective March 18, 1990; amending Subsections 2.20.100 A,
and Subsection 2.20.110 F, all of the City of Yakima Municipal
Code.
*20. CONSIDERATION OF LEGISLATION REGARDING LEASE /PURCHASE OF COPY
MACHINE: •
A. RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING EXECUTION
OF LEASE /PURCHASE CONTRACT
RESOLUTION NO. D -5698, A RESOLUTION authorizing the lease purchase
of one Kodak Ektaprint 235S Copier- Duplicator from Eastman Kodak
Credit Corporation and surplusing two City copy machines.
B. SECOND READING. OF AN ORDINANCE APPROPRIATING FUNDS FOR
LEASE /PURCHASE OF COPY MACHINE
An Ordinance appropriating funds for the lease /purchase of a copy
machine, having been read by title only at the January 23, 1990
meeting, was brought before the Council for a second reading.
ORDINANCE NO. 3242, AN ORDINANCE amending the 1990 budget for the
City of Yakima; and making an appropriation of $.47,356 in the
General Fund for expenditure during 1990 for purchase of a high
,g ;Speed copying machine..,;
• 21. OTHER BUSINESS
Mayor Berndt questioned the necessity of duplicating all the
homeownership loan agreements, when it is the same agreement for
each family. City Attorney Vanek. stated the agreement is
incorporated as part of the resolution and each agreement is
separate for each family. •
Council member Beauchamp requested that the minutes of January 23rd
be checked. He stated that Phil Pleasant mentioned he believes
there in an inaccurate statement made in Item No. 8 regarding the
number of black individuals working on City projects.
Council member Pechtel stated he has had an opportunity to meet
with all the Department Heads about their departments. He stated
his observation is that the City Manager's office can use some
help, but in speaking with the City Manager, he is told there are
other priorities before he could bring a proposal to Council about
increasing staff - in that office. Mayor Berndt agreed with
Mr. Pechtel's statements. Council member Sims suggested that now
is the time to quit talking about it and give staff some direction
to come back with a proposal to implement within the next few
weeks. City Manager Zais commented that each year he prefers not
to bring requests for staff outside the budget process and there
is also the question of priorities for requests for staff and not
enough money. He stated it is his view that two positions would be
needed; a clerical position and an administrative assistant. He
III stated he would be more than happy to put together a proposal.
Council member Beauchamp commented that Council needs to give the
City Manager time to think through this and not rush it.
It was MOVED BY SEMON, SECONDED BY BUCHANAN, TO APPOINT CAROLYN
MALONE, TERRY CHAMPOUX, KATHLEEN WORSLEY, RICARDO BARRIENTES, AND
GEODE RIVERS, JR. TO THE COMMUNITY PROGRAMMING ADVISORY
COMMISSION. The motion carried by unanimous voice vote. Barnett
• absent.
City Manager Zais asked for direction from Council regarding the
proposal from the Capitol Theatre Corporation and asked if Council
wants staff to follow through on the recommended outline in the
report. Council member Semon stated that not all the Council
members were in attendance at that meeting with the Capitol Theatre
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FEBRUARY 13, 1990
Corporation and Council did not get to discuss the recommendations.
He suggested it would be premature to give staff that direction.
It was. the general consensus of the Council to put this issue back
on the agenda for a future meeting.
Information Items:
Items of information supplied to Council were: City of Yakima
Legislative Priorities. 2/6/90; Letter from Daniel Grimm, State
Treasurer, regarding bill submitted to the Legislature providing
monthly distribution of counties and cities revenue. 2/5/90;
Memorandum from the Legal Department regarding Damage Claims
Referred to Insurance Company. 2/1/90; and Monthly Reports from
the Block Grant Manager regarding December 1989 MBE and Block Grant
status.
22. EXECUTIVE SESSION REGARDING PROSPECTIVE AND PENDING LITIGATION AND
COLLECTIVE BARGAINING
It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE
SESSION FOR. APPROXIMATELY 30 MINUTES FOR THE PURPOSE CE DISCUSSING
COLLECTIVE BARGAINING AND PROSPECTIVE AND PENDING LITIGATION, WITH
IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous
voice vote. Barnett absent.
23. ADJOURNMENT
Following the completion of the Executive Session, the meeting
adjourned at the hour of 4:17 P.M.
READ AND CERTIFIED ACCURATE BY: k ( , , , . A � , , �A I — ®` `7 V
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