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HomeMy WebLinkAbout10/28/1974 Business Meeting /?7 40111 OCTOBER 28, 1974 The City Council met in session on this date at 1:30 P.M. in the Conference Room at Yakima City Hall. Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Betty L. Edmondson, W. K. "Pete" Moore and Charles A. Rich. City Attorney Andrews reviewed the decision of the Court in the Brookens vs. City of Yakima case and the opinion drafted by Judge Hanson. The Court held that there was not a clear-cut precedent which would deny outside utility service; nevertheless, other relevant cases which were limited by separate contract indicated that the City could be discriminating and therefore, should not be compelled to extend such utility service. A second case, concerning Youth Homes Associated vs. City of Yakima, had been set for trial this past week. The Judge remanded the case back to the Board of Adjustment for review of their decision and appertaining codes. Consequently, there has been no decision or ruling by the Superior Court in this case. In a third legal issue, the City is petitioning the Court to set aside the appointment of a third arbitrator by the Courts in the matter of arbitration between the City and the Yakima Fire Fighters Association. In addition, that Petition requests that the appointment made by Labor and Industries of the Fire Fighters arbitrator also be set aside. This decision will be made in Court on November 8, 1974 Concerning November 5, 1974 ballot measures, the Charter Amendment re public works contracts and Housing Code administration, the Council decided that they should first hold a Press Conference to advise the News media of Council position on these issues and secondly, that a news ad be drafted for signature by supporting Councilmen. City Manager McMicken reviewed the proposed reorganization of the Conference of Governments wherein a five man Executive Committee would be established, composed of four elected officials from the City and County Commissioners. In addition, one full-time staff member would be retained to handle communications between the City and expanded staff work. Finally, City Manager McMicken advised the Council of discussions with King Cole (Executive Director of EXPO), with the Mayor and County Commissioners discussing a joint venture in consulting services with Mr. Cole, the City, the County and Town of Union Gap with the intent to begin setting goals for the use of Community Development Funds in 1975. At 3:00 P.M., the Council members moved into the Council Chambers for the balance of the meeting, Mayor Broad presiding, Councilmen Brown, Edmondson, Moore and Rich, City Manager McMicken and City Attorney Andrews present on roll call. Councilman Schussler absent on roll call, having been excused at a previous meeting. Councilman Jarms having requested permission to be excused from this meeting, it was MOVED by Brown, seconded by Rich that Councilman Jarms be excused: carried, Broad, Brown, Edmondson, Moore and Rich voting aye by voice vote. Schussler and Jarms absent. The Invocation was given by Councilman Rich. The Minutes of the previous regular meeting of October 21, 1974, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Broad declared said minutes approved as recorded. 41111 OCTOBER 28, 1974 Mayor Broad referred to the Motion made by Councilmen at the Hearing 1 last week for preparation of legislation in line with the recommend.7, !ations of the Planning Commission for denial of the rezone request of Mr. Anthony S. Sali. It was MOVED by Moore, seconded by Brown that Resolution No. D-3203, affirming the action of the Planning 'Commission in denying the application of Anthony S. Sali, for !rezone from R-1, Single-Family Zone to Planned Development Zone, be passed: carried, Broad, Brown, Edmondson, Moore and Rich voting aye on roll call. Jarms and Schussler absent. !RESOLUTION NO. D-3203, A RESOLUTION affirming the action of the 'Planning Commission in denying the application of Anthony S. Sali for the rezone of property situated near Pecks Canyon Road below !Scenic Drive in the City of Yakima, Washington, from R-1, Single- Family Zone to Planned Development Zone. This being the time set for the Hearing on Petition No. 792, filed 11/ by Mr. and Mrs. Homer Hubbard and Others, requesting annexation of property extending from North 58th Avenue westward to 62nd l Avenue between Lincoln and Englewood Avenues, Assistant Planner, ;Glenn Rice, reviewed the Planning Staff Report and Planning Commiss-, ion Minutes on this subject dated November 27, 1973 and December !4, 1973, respectively. He noted that the request is made in light of septic tank problems and to obtain the full range of City services. He reported the recommendation of the Planning Staff for approval of this request for the following reasons: 1. The desire of the affected property owners within the proposed annexation to annex to the City of Yakima. 2. The logical service area represented by this proposal. 3. The recommendations of the Yakima County Water and Sewer Study and the Yakima General Plan. 4. The need for and availability of full urban services. The Planning Staff further recommends R-1, Single-Family Residential IZoning. It was MOVED by Edmondson, seconded by Moore that Ordinance INo. 1715, annexing said property, be passed: carried, Broad, ;Brown, Edmondson, Moore and Rich voting aye on roll call. Jarms and Schussler absent. I ORDINANCE NO. 1715, AN ORDINANCE annexing property to the City 'of Yakima, and zoning said property. !City Manager McMicken reviewed City Manager Report No. 233 entitled ;Response to Task Force Recommendations. He covered each response Igiven to the five questions raised in the earlier report from 'the Task Force on Minority Relations dated October 10, 1974. I i In reference to the first recommendation regarding the matter of Complaint Procedures, Police Chief LaRue referred to the attached Memo from Captain Clark which discussed th16:question raised by the Task Force. There was considerable discussion to whether the recommendation from the Task Force regarding the Complaint Procedure was to address routine and/or criminal complaints or complaints against Police Officers. Mrs. Patty Nagle, Task Force Member, reviewed minutes of the Task Force meeting, indicating the intent to be complaints against the Police Department. There , were questions by Councilmen as to how complaints against officers or the department are handled. City Manager McMicken indicated ' that the Staff will go back and respond to this matter as it concerns ' complaints against Police Officers., Police LaRue addressed the second problem regarding the Rotation System within the Police- 'Department and referred to the attached Memo from Lieutenant Capen 'on this subject dated October 18, 1974. 'There was no recommendation Ifor a change in the rotation system. Lieutenant Kline reviewed his Memo on the "Pasco Plan" dated October 18, 1974, speaking in favor of such a Community Relations Program. Mayor Broad I expressed his feeling that such a program should have high priority for the 1975 budget. Councilmen Edmondson and Rich also spoke in favor of placing this type of program in high priority and recommended that it be given strong consideration. City Manager IMcMicken reviewed his recommendation for the formation of a Police Productivity Team, as described in City Manager Report No. 233. 199 OCTOBER 28, 1974 Councilmen Mayor Broad, Brown, Edmondson, Moore and Rich all spoke in favor of implementing the Police Productivity Team. City Manager McMicken explained that this Team would be comprised of approximately three City staff, three from the Police Department, and six from the community at large. The Team would meet for a couple of hours each week. He indicated that the Task Force will continue to work on this matter and that the City staff will work with the Police Department on Task Force recommendations. Mr. Henry Beauchamp being present, spoke in support of the Police Department and the proposed program. After due discussion, it was MOVED by Moore, seconded by Edmondson that the Council adopt the City Manager's recommendation for the formation of a Police Productivity Team: carried, Broad, Brown, Edmondson, Moore and Rich voting aye by voice vote. Jarms and Schussler absent. It was MOVED by Brown, seconded by Rich that Resolution No. D-3204, authorizing a change order to the contract for Lions Park Improvements, be passed: carried, Broad, Brown, Edmondson, Moore and Rich voting aye on roll call. Jarms and Schussler absent. City Manager McMicken explained that the Council had awarded the bid for Lions Park to F. R. King and Associates in the amount of $103,155, but that the contractor notified the City of five errors when computing the bid, which results in an additional $7,004 to be added to the original amount. He recommended that the bid still be accepted as the lowest and best bid submitted, as it was low in comparison with the others submitted. RESOLUTION NO. D-3204, A RESOLUTION authorizing a Change Order to a contract for improvements to Lions Park. It was MOVED by Rich, seconded by Brown that Resolution No. D-3205, authorizing a temporary loan from the Parks Capital Fund to the Parks and Recreation Fund, be passed: carried, Broad, Brown, Edmondson, Moore and Rich voting aye on roll call. Jarms and Schussler absent. City Manager McMicken explained that this loan will provide a necessary cash flow. RESOLUTION NO. D-3205, A RESOLUTION authorizing a temporary loan of $40,000 from 331-Parks Capital Fund to 131-Parks and Recreation Fund, and providing for repayment. City Attorney Andrews reported that the following Damage Claims have been investigated and are recommended for payment. It was MOVED by Rich, seconded by Brown that Resolution No. D-3206, authorizing payment of $49.35 to Alfred Burleson, for damages from a City sewer backup be passed: carried, Broad, Brown, Edmondson, Moore and Rich voting aye on roll call. Jarms and Schussler absent. RESOLUTION NO. D-3206, A RESOLUTION authorizing payment of $49.35 to Alfred H. Burleson in settlement of a complaint for damages filed with the City of Yakima. It was MOVED by Brown, seconded by Moore that Resolution No. D-3207, authorizing payment of $15.00 to Sally Jo Aldous, for damages in connection with the removal of refuse containers, be passed: carried, Broad, Brown, Edmondson, Moore and Rich voting aye on roll call. Jarms and Schussler absent. RESOLUTION NO. D-3207, A RESOLUTION authorizing payment of $15.00 to Sally Jo Aldous in settlement of a claim for damages filed with the City of Yakima. A report having been received from the City Engineer on the completion of work and recommendation that said work be accepted and final payment made on the Randall Park Improvements, Phase I, it was MOVED by Brown, seconded by Edmondson, that the report of the City Engineer dated October 25, 1974 with respect to the completion on Public Works Contract Randall Park Development, phase I, be approved, the work be accepted and payment of the final estimate as therein set forth is hereby authorized: 201 OCTOBER 28, 1974 !carried, Broad, Brown, Edmondson, Moore and Rich voting aye by ;voice vote. Jarms_and Schussler absent. Parks Director, Bill ;Hutsinpiller, showed slides of the construction progress on the iRandall Park site. City Attorney Andrews explained the proposed Ordinance exempting temporary political campaign signs from requirements for permits. ; Councilman Rich requesting permission to abstain from voting due to la conflict of interest, it was MOVED by Edmondson, seconded by iMoore that Councilman Rich be given permission to abstain from ;voting: carried, Broad, Brown, Edmondson and Moore voting aye by voice vote. Jarms and Schussler absent. It was MOVED by I Brown, seconded by Edmondson that Ordinance No. 1716, providing for the exemption of political campaign signs from permit require+- ments, be passed: carried, Broad, Brown, Edmondson and Moore !voting aye on roll call. Rich abstaining. Jarms and Schussler ;absent. 1ORDINANCE NO. 1716, AN ORDINANCE relating to building regulations; providing for an 'additional exception sign permit requirements for certain political campaign signs; amending Section 11.08.030 of the City of Yakima Municipal Code; and declaring an emergency. IA report having been received from the Planning Commission recommend+ ,ing_the adoption of the Comprehensive Parks and Recreation Plan as 1 an amendment to the General Plan, it was MOVED by Moore, seconded by Rich that November 18, 1974 be the date set for Hearing on this matter: carried, Broad, Brown, Edmondson, Moore and Rich voting aye by voice vote. Jarms and Schussler absent. IA Damage Claim having been filed with the City Clerk on October 121, 1974, by Tom W. Howell, Cascade Lumber Building Center, 505 1So. 3rd Avenue in the amount of $123.25, for damages to a store !window, it was MOVED by Brown, seconded by Edmondson that said 'Damage Claim be referred to the City Manager and Staff for study and recommendation: carried, Broad, Brown, Edmondson, Moore and Rich voting aye by voice vote. Jarms and Schussler absent. Mayor Broad reported that Martha Cassidy has indicated a willingness . Ito serve on the Police and Fire Civil Service _dbmmq:Ission. It was MOVED by Brown, seconded by Rich that Martha Cassidy be appointed Ito the Police and Fire Civil Service Commission to fill the vacancy created by the resignation of Dr. Rod MacKintosh: carried, Broad, IBrown, Edmondson, Moore and Rich voting aye by voice vote. Jarms and Schussler absent. Councilman Brown requesting permission to be excused from the next regular Council Meeting of November 4, 1974, it was MOVED by Edmondson, seconded by Moore that Councilman Brown be excused on that date: carried, Broad, Edmondson, Moore and Rich voting aye by voice vote. Jarms and Schussler absent. !There being no further business to co* t;efore-the Council, it was MOVED by Moore, seconded by Rich that this meeting be adjourned at 4:50 P.M., to Friday, November 1, 1974, at the hour of 12:00 . Noon, to then meet in the Flight Deck Restaurant: carried, Broad, * ;Brown, Edmondson, Moore and Rich voting aye by voice vote. Jarms and Schussler absent. 1READ AND CERTIFIED ACCURATE BY Af ati, DATE P.uNc ir • //;]. 4/. DATE CO 7LMAN ;ATTEST: /Zet CITY CL MAYOR •