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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. AAD /1 410 FEBRUARY 13, 1990 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. AAD /2 411 FEBRUARY,13, 1990 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. AAD /3 • 41 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. • AAD /4 413 FEBRUARY 13, 1990 *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 AAD /5 414 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 (iUm ' -27k: • DATE 1 • < L MEMBER DATE ATTEST: Q k .�QJI nrt �1 CITY CLERK MAYOR AAD /6