HomeMy WebLinkAbout06/24/1980 Adjourned Meeting ' o 0 JUNE 24, 1980
The City Council met in session on this date at 1:00 P.M. in the Confer-
ence Roan of City Hall, Yakima, Washington. Council members present
were Mayor Betty L. Edmondson, Henry Beaudhamp, Lynn Buchanan, Lynn
Carmichael, Bruce Crest, Shirley Doty and Don Hinman.
Mayor Edmondson reported that the term of Paul George on the Center'
Advisory Commission expired on June 6, 1980, and he would like to con-
tinue serving and asked if this should be referred to the Committee. It
was MOVED by Carmichael, seconded by Hinman to reappoint Paul George to
the Center Advisory Commission for another four year term to expire June
6, 1984: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmond-
son and Hinman voting aye by voice vote.
Mayor Edmondson asked if there are any more appointments to be made.
City Manager Zais reported that there will soon be an update of the
Boards and Commissions list for the information of the Council. Ques-
tions were asked about when the DARC and Community Cable Committees are
to be appointed. City Manager Zais stated that until the FCC makes the
determination on the 5% gross revenue, a committee won't be appointed,
and if it is left at the 3% then there is no need for a committee. The
FCC will be reaching a decision in the next two months. Mayor Edmondson
reported that the applications received for the DARC Committee will be
given to staff to sort out as to area, category, etc., and that a two
week time frame should be set as to When these should be returned to
Council to appoint the committees. It was the general consensus of the
Council that these applications be given to the Council along with the
Ordinance creating the DARC Committee, and that July 15, 1980 should be
the time set to receive this material.
There was some discussion regarding the six leaders that were the facil-
itators for the forums. Mayor Edmondson reported that letters were sent
out thanking them. Council members indicated that there should be
reward or certificate of commendation for On Guard, and other special
groups that were on the ash clean-up. Council member Carmichael sug-
gested something to frame that is printed and to which names can be
added.
Mayor Edmondson reported that at the AWC Conference the City of Yakima
had the largest delegation of Council members they have ever had.
Council member Carmidhael on the Resolutions Committee. She spoke
of the resolution regarding St. Helens re assistance from the Federal
government, that it should be 100% and the State's responsibility to pay
any amount the Federal government doesn't pay. City Manager Zais re-
ported that at this meeting information on how Yakima handled the disas
ter was given, and on how others handled it. He also reported on the
\ \special camments of Moses Lake, Pullman, and Spokane on their volcano
'clean-up. He stated the House Local Government Committee presented the
economic impact on cities and encouraged the State to assist. He fur-
ther reported that they asked if the cities had exhausted all their tax
raising capacity and stated that it is his view that the business can-
munity ought to support the B & 0 Tax, that in Spokane the businesses
have taxed themselves and have had a B & 0 Tax for two years. Council
member Crest reported on the Transit and Budget meetings he attended.
There was discussion regarding a metro system and the fact that Union
Gap and Terrace Heights are all studying to eventually have a complete
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transit system. There was also discussion on the 0.3% Sales Tax. City
Manager Zais reported that King County has passed the 0.3% Sales Tax,
and after they found it worked ,surrounding areas passed it later.
Council member Carmichael reported that the AWC Convention will be held
in Yakima next year, in June.
Councilman Hinman reported that he has received six or seven calls
referring to Valley W Estates, and the fact that some mobile homes
have been moved in. He stated that he feels they should be referred to
the County Commissioners, since it is outside the City limits. It was
noted that the City has extended services to this development and it was
the consensus of the Council that this matter should be looked into.
Councilman Hinman brought the matter of the retroactive pay for Phase IV
Reclassification on for discussion, and indicated he believed that it
was the intention of the Council at that time that it should be paid
retroactive to January 1, 1979, and also that he thought at the last
meeting from what everyone said verbally, that it was going to be done.
JUNE 24, 1980 061
Mayor Edmondson stated that she had looked through her notes to see if
she had jotted down anything, and although she didn't find anything to
document it, she does have the feeling that it was the intention of the
Council at that time that the pay should be as of January 1, 1979. She
noted that former Council member Nadine Lee had previously testified
that she also felt that this pay should be retroactive to January 1,
1979. It was also noted that former Councilman Wonder had indicated
that he felt the Phase IV pay should be retroactive to January 1, 1979.
City Attorney Andrews stated that he has not received any additional
notes or documentation on this matter. He explained that in order for
there to be justification of the retroactive pay, there has to be evi-
dence of a contract, a promise or an understanding stating that the
Phase IV pay should be retroactive to January 1, 1979. He further
stated that the mere fact that the Council intended or thought they were
II/ going to pay at that time is not sufficient evidence. He stated that
there has to be an agreement to do it -- it needs to be documented that
there was intent to do it, and so far they have said "let's look into
the possibility of making this retroactive" that they were consider-
ing doing it would not actually make a promise. In other words, he
explained there has to be an overt statement and an actual striking of a
bargain with an understanding on the part of both parties and Communi-
cation with each other that there is an agreement to that effect. He
further explained that so far what has been told to him of what Council
has said is that some of them in study session or executive session, in
the absence of any employees or union members, have said "let's look
into the possibility of making this retroactive" and have instructed the
staff, some one of the Council said, to find out how much it would cost
the City to make it retroactive because they were considering doing
it -- that considering doing it is not any promise or undertaking that
it is going to be done. There is a real distinction About thinking
About doing something and making a promise or an obligation to do it.
The case that he and Pamela Bradburn both had read and which she recited
to the Council, the Christy Case -- there was an actual understanding
because of Jong practice and statements by both parties, employers and
employees that scale for those longshoremen was going to be adjusted
according to the union's rates that were negotiated. He stated that we
don't have anything that was an implied contract, overt or actual, that
there was going to be retroactive activity. Since no further infor-
mation was received, his position is still the same, that he feels there
is not sufficient evidence. Councilman Hinman asked that since it seems
the Council is in favor of the retroactivity and the union is in favor
of it, is there some way this can be arbitrated or resolved. City
Attorney Andrews explained that if a judge heard it, he would have to
have the same evidence -- there would have to be proof of the existence
of a contract. Mayor Edmondson asked if the Council decides to go ahead
and do this, What would happen if the auditors did challenge this. City
Manager Zais stated that it seemed to him that certainly the auditors
would scrutinize this and that the action would be to demand repay-
ment -- from the employees' checks. He stated that if this happened
before then the Council could be made personally responsible. Council
asked if the auditors did Challenge, is there an appeal process that can
be used. City Attorney Andrews explained that happens when the auditor
II/ makes a report. The auditor sometimes makes a report to the City Attor-
ney telling_him the things he is going to say in an audit report and
sometimes there are 'things that are negotiable. The auditor then makes
the report and it is turned over to the Attorney General, who in turn
writes a letter to the City Attorney telling him the things that the
City did that they weren't supposed to do. The Attorney General's
letter says "I would appreciate a report of the facts and the rationale
of why this was done." He then writes the auditor and explains what and
why certain things happen, and maybe it didn't quite happen that way and
it won't ever happen again but usually they are minor matters and an
explanation will straighten things out. Councilman Beauchamp asked Mary
Hersey, AFSCME Union Representative, if the Council votes to grant the
retroactive pay with the possibility of the auditor caning back to the
Council and the employees, would the employees and the Union be willing
to take the money with the risk of having to pay it back. Hersey answer-
ed, "There are a number of employees at this meeting, but without asking
then, .I would indicate that yes, they are willing to take the risk.
• They have been willing to take the risk -- they have been pushing you
for sane time to get you to do what you seem to be suggesting -- and
that's our position." Chris Perks, an employee and union member, indi-
cated he felt that the union members would be willing to take the risk
and pay it back if necessary, but doesn't think the auditor would be
JUNE 24, 1980
against them. Councilman Hinman referred to the Christy Case saying it
was taken to court and a declaratory judgment was given, and asked how
much trouble it would be to prepare for something like this, and ask the
court for a judgment. City Attorney Andrews explained that if there was
a lawsuit, the union would have to sue -- the City can't sue them. The
City can't go to court and get and advisory opinion, one party has to be
the plaintiff and the other the defendent somebody has to be sued.
He further stated that there has to be a justifiable issue, a real
bonafide controversy, which there may be in this case, but someone has
to sue someone before the judge can make an opinion. He then stated
that if the Council desires, or states their intention to pay effective
as of January 1, 1979, it should be done pursuant to some sort of formal
contractual undertaking or agreement by the union, that in the event the
Council is forced to make good the money that is paid, that the union
agree to be responsible for reimbursement to the City Treasurer of the
amount of that back and to hold the Council harmless from legal res-
ponsibility. Councilman Beauchamp stated that he would like to see
Council work with the union if the repayment is challenged by the aud-
itor. It was MOVED by Hinman, seconded by Beauchamp that the staff
contact the union representative to work on an agreement regarding the
repayment of the Reclassification Phase IV to be retroactive to January
1, 1979, and in the event it is challenged, the City will be held harm-
less, and the City will work with the union to substantiate the case for
payment, and in the event the City is looked to to make good the money
that is paid, that the union would agree to be responsible for the
reimbursement. Council member Doty asked if that meant the City would
pay the court costs. Mayor Edmondson answered no, the City would just
work with the union to prove our case, and for the record, in no way
does this Motion commit the City to join anybody in any lawsuit. City
Manager Zais reviewed the discussion and motion stating that essentially
the Council is looking at the City and the union for a signed agreement
reflecting the payment to persons covered by the Reclassification Phase
IV, retroactive to January 1, 1979, and a hold harmless provision, and a
repayment in the event it is challenged. Mary Hersey asked if she
beard correctly that ultimately if the Attorney General challenges the
payment, that the Council stated that both the City and union would
substantiate the case for payment, and Council members answered yes.
Mary Hersey further stated "I don 't see anything wrong with that, we
have been saying that for some time." The vote on the Motion was called
for: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson
and Hinman voting aye on roll call.
Councilman Crest referred to the request of Cox Cable people asking for
a 30 day extension to the contract. It was noted that the contract
specified August, 1980, and it was the consensus of the Council to ask
Mr. Schiller to come to the next Council meeting and to give some speci-
fic explanation in addition to stating that ash related damage made it
necessary to extend the contract 30 days, and asked that staff furnish
the Council with a copy of the franchise and other related documents.
Councilman Crest referred to the minutes from the Convention Center
Advisory Commission Which mentioned installation of the spotlights in
sections, so as to not have to go to bid. Assistant City Manager Wit-
tenberg reported that he had explained the bid law to them, that any-
thing over $2,000 would have to go to bid, and this installation and
wiring would cost over $8,000. He further explained that they are
looking for some way to get started on this project without calling for
bids or circumventing the bid law.
There were sane questions about street lights, and City Manager Zais
reported that he will be bringing a street light report to Council.
Councilman Buchanan referred to a $25.00 check received for ash clean-
up. City Manager Zais reported that he will be bringing back a copy of
the letter that will be sent out to all donators.
Reference was made to the memo from Councilman Crest regarding City
emergency coordinator position, and emergency-disaster planning and
emergency services legislation. City Manager Zais pointed out that he
had included for the Council's information a copy of legislation regard-
ing emergency services. Councilman Crest reviewed his memo stating he
is concerned about potential emergencies and has listed his random
thoughts and ideas concerning a possible emergency coordinator position
for the City and suggesting that possible candidates would be Fire Chief
JUNE 24, 1980 063
Ed Carroll and Police Chief Jack LaRue. Also this might help in getting
some documents together in requesting Federal funds. He did state that
he was very pleased with the work that the City Manager and staff has
done and in no way was the memo a reflection on their work — they did
an excellent job. He was concerned about the workload that was put on
staff, and listed lots of areas that an emergency coordinator could
operate under in the City. Councilman Buchanan indicated that he feels
it should be left the way it is, that the Council may be usurping a
management function, that the City Manager can delegate whoever he wants
to handle emergency services, or a disaster as he did the last time.
Council member Doty agreed with Councilman Crest and felt an emergency
coordinator would be a help to the City Manager in this respect. Coun-
cilman Hinman indicated he*was sort of in between Council members Buch-
anan and Crest, but does like the idea of a coordinator such as Fire
Chief Carroll to handle emergencies so that the City Manager would have
more time to carry on the other business of the City. He further indi-
cated a reluctance to say "let's create the position" but rather indi-
cate to the City Manager that this might be a problem area that he
should deal with and cane up with his answers. Councilman Beauchamp
indicated that he feels there should be a plan developed - -long range
planning. Councilman Hinman made the suggestion that Council indicate
to City Manager Zais that they perceive this Whole area as a problem and
ask him to cane back with his response. City Manager Zais commented
that this is something that has been talked about, but not brainstormed,
that he perceives there could be some type of 'coordinated program that
could still focus in on his position; however, it would be nice not to
have to spend as much time as he did in some of the areas in the recent
emergency. He also stated that in terms of dealing with Federal emer-
gencies, he doesn't think any one person could handle that, there are
too many contacts that are necessary such as the Finance people, Public
Works, and others. He indicated he would do as they have suggested,
study the proposal and ideas and come back to the Council with recom-
mendations.
It was decided to continue the matter of the Affirmative Action Plan
update to another meeting.
It was MOVED by Hinman, seconded by Crest to go into Executive Session
to discuss •collective bargaining and pending litigation: carried,
Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman
voting aye by voice vote.
Upon canpletion of the Executive Session, at 3:00 P.M. the Council
members moved into the Council Chambers for the balance of the meeting,
Mayor Edmondson presiding, Council members Beauchamp, Buchanan, Car-
michael, Crest, Doty and Don Hinman and City Manager Zais and City
Attorney Andrews • present on roll call.
Council member Doty led the Council in the Pledge of Allegiance.
Mayor Edmondson referred to the items placed on the Consent Agenda,
questioning whether there were any additions or deletions from either
Council members or citizens present. Items No. 11, 12, 14, 17, 18 and
19 were requested to be added to the Consent Agenda. It was the general
consensus of the Council that these items as requested be added to the
Consent Agenda. The•-City Clerk then read the Consent Agenda items,
including ordinances -and resolutions by title. It was MOVED by Hinman,
seconded by Beauchamp that the Consent Agenda, as read, be passed:
carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and
Hinman voting aye on roll call. (Subsequent paragraphs - preceded by an
asterisk ( *) indicate items on the Consent Agenda to be handled under
one motion without further discussion.)
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JUNE 24, 1980
*It was MOVED by Hinman, seconded by Beauchamp that the minutes of the
meetings of May 1, 6, 8, 13 and 15, 1980, having been duly certified
accurate by two Council members, and no one present wishing to have said
minutes read pdblicly, be approved: carried, Beauchamp, Buchanan,
Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call.
George P. Shuford, being present, Mayor Edmondson read and presented to
him a Resolution of appreciation and cammendation for his many years
served as a member of the Parks and Recreation Commission. It was MOVED
by Hinman, seconded by Doty that Resolution No. D-4243, commending him
for said services be passed: carried, Beauchamp, Buchanan, Carmichael,
Crest, Doty, Edmondson and Hinman voting aye on roll call.
RESOLUTION NO. D-4243, A RESOLUTION of appreciation and commendation for
the services performed by George P. Shuford during his tenure as a
member of the Parks and Recreation Commission.
Norman R. Nashem, Jr., being present, Mayor Edmondson read and presented
to him a Resolution of appreciation and commendation for his many years
served as a rrember of the City Employees Civil Service Commission. It
was MOVED by Beauchamp, seconded by Buchanan that Resolution No. D-4244,
commending him for said services be passed: carried, Beauchamp, Buch-
anan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll
call.
RESOLUTION NO. D-4244, A RESOLUTION of appreciation and commendation for
the services performed by Norman R. Nashem, Jr., during his tenure as a
member of the City Employees Civil Service Commission.
Mayor Edmondson noting that previously resolutions of appreciation and
commendation for aid and services provided our City during the state of
emergency caused by ash fallout from the eruption of Mt. St. Helens on
Sunday, May 18, 1980, had been presented to Seattle and King County
personnel, and that other jurisdictions and City personnel had also
provided desperately needed services and should also be recognized. It
was MOVED by Doty, seconded by Buchanan that Resolution No. D-4265,
commending certain members of the Mtltnamah County, Oregon, Public Works
Department for aid and services provided, be passed: carried, Beau-
dhamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting
aye on roll call.
RESOLUTION NO. D-4265, A RESOLUTION of appreciation and commendation for
the aid and services provided our city by certain members of the Mul-
tnomah County, Oregon, Public Works Department.
It was MOVED by Carmichael, seconded by Hinman that Resolution No.
D-4266, commending certain members of the Portland, Oregon, Public Works
Department for aid and services provided, be passed: carried, Beau-
dhamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting
aye on roll call.
RESOLUTION NO. D-4266, A RESOLUTION of appreciation and comMendation for
the aid and services provided our city by certain members of the Port-
land, Oregon, Public Works Department.
It was MOVED by Hinman, seconded by Beauchamp that Resolution No. D-4267
commending the employees of the City of Yakima for their extraordinary
services during the time of emergency be passed: carried, Beauchamp,
Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on
roll call.
RESOLUTION NO. D-4267, A RESOLUTION of appreciation and commendation for
the extraordinary efforts made on behalf of our city by employees of the
City of Yakima.
Mayor Edmondson indicated there is an off-agenda presentation to be made
of a special certificate of appreciation which the Firefighter Local No.
469 received, and since no one is present regarding this, it will be
continued until next week.
Paul George, representing the Chamber of Cammerce and Les McNary of the
Visitors and Convention Bureau made a presentation regarding a special
pranotion campaign to get people to come to Yakima by showing that
Yakima is clean and green, and requesting $5,000 or one-third of the
JUNE 24, 1980 r
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proposed budget for this campaign from the City. Mr. George explained
that the motels are promoting a two for one (two nights for the price of
one) and they are encouraging others to come forth with two for one
promotion ideas. Several Council miters indicated they are in favor of
supporting this idea and had several suggestions such as contacting ser-
vice clubs, various athletic groups, the County and Union Gap. Mr.
McNary indicated that these groups will be approached. After discussion
it was MOVED by Hinman, seconded by Beauchamp to instruct staff to
prepare the proper legislation to provide the $5,000 to support this
campaign: carried, Beauchamp, Carmichael, Crest, Doty, and Hinman
voting aye by voice vote. Buchanan and Edmondson voting nay by voice
vote.
Mr. Scott Wilson being present, explained that he has property at 221
West Yakima Avenue, northeast corner of 3rd Avenue, which he plans to
II/ improve and beautify, and would like to have Council approve angle
parking along the 3rd Avenue side. He stated that North 3rd Avenue does
not go all the way through, it does not have a curb and does not seem to
have a great deal of traffic at the present time. He explained how he
plans to beautify that area and he feels that as a part of the CBD (west
side) this is a way to encourage new businesses on the west side. Carol
Darby, Director of Canmunity Development, explained that North 3rd
Avenue is a designated arterial and angle parking is not permitted on an
arterial, but that she would be happy to work with Mr. Wilson on this
request and bring a staff report back to Council after this matter has
been studied. City Manager Zais stated that it has been the policy of
the City to eliminate this type of parking and asked if Council would
want to have staff consider changing the policy. Councilman Hinman
stated he thinks this matter should be looked into -- that we should be
working with businesses trying to upgrade the area. After further
discussion on whether the policy regarding angle parking should be
changed, it was MOVED by Hinman, seconded by Buchanan that this matter
be referred to staff to come back with a report and recommendation in
two weeks: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty,
Edmondson and Hinman voting aye by voice vote.
Mr. Art Newman, 3103 Lincoln Avenue, stated that a car came through his
lot for the 14th time, tearing up shrubs, irrigation pipe, lawn and
fence, and that the Police Department estimated the damage between $500
and $1,000. He further stated that over the past years the insurance
company has paid on three of the 14 incidents, and that he had received
a check for $15.00 fran the City. He reported that the City did build a
cedar fence -- 70 feet long, but the incidents still keep happening and
he is requesting some assistance fran the City. He feels that the road
slants at that point and suggested that the City give him sane fill dirt
or put in a sidewalk. He offered to pay half of building a wall along
that stretch. Mr. Newman asked that the City consider one of three
options: 1) changing the street; 2) Put up huge concrete posts or
rocks; 3) build qpbor tat the ctirb in a sidewalk. Chris Perks
of the Engineering Division of Community Development stated that other
than cars speeding, there doesn't seem to be any real reasons for these
incidents to happen at this particular spot on Lincoln Avenue. It was
suggested that staff reexamine the situation and see what other options
II/ might exist in terms of any modification. It was MOVED by Crest, sec-
onded by Doty to refer this matter to staff for study, and bring back a
report to Council: carried, Beauchamp, Buchanan, Carmichael, Crest,
Doty, Edmondson and Hinman voting aye by voice vote.
City Manager Zais spoke regarding installation of the sprinkler system
at the Warehouse Theatre, referring to the staff memorandum fran the
Director of Canmunity Development and the Fire Chief on elimination of
main check valve requirement by the City for single source automatic
sprinkler systems, which reviewed the fact that during the past five or
six years a number of discussions have been held with the Yakima City
Water Department concerning the possibility of eliminating the require-
ments for the installation of a very expensive check valve and metering
system for single source fire sprinkling systems within various struc-
tures throughout the area. This requirement necessitates the installa-
tion of very large check valves and meter assemblies within a large
vault which costs on the average between $3,000 to $6,000. The memo
further stated that the primary concerns which have been expressed by
the Water Department concerning this particular problem have been: the
requirements for an accurate tracing of water consumption throughout the
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6 JUNE 24, 1980
entire water system; the possibility for non-authorized water consump-
tion and the potential for illegal cross ties and interconnects made to
the water main that services this sprinkler system; as well as the
potential for contamination of the domestic water system should the
sprinkler system be inadvertently drained back into the water system.
It was brought out that this proposal only addresses single source fire
sprinkler systems and not any fire sprinkling system that would be of
multiple sources. In addition to the precautions already required
within fire sprinkler systems, the staff is recommending that in place
of the valve and metering system, that an approved flow detection device
also be installed adjacent to the property line near the main valve and
connected to the monitoring system. In this way, any potential for
illegal interconnects or cross ties can be further provided with 24 hour
monitoring rather than occasional meter reading as is currently done.
The staffindicated in this memo that this material has been discussed
at some length with Dr. Atwood Who has stated that these provisions, in
his opinion, would be adequate to protect the viability of the domestic
water_ supply. The staff memo also indicated that by radically reducing
the initial cost for provision of fire protection sprinkler system, we
should encourage the installatin of such units and greatly improve the
response time of the Fire Department. The staff recommended that for
all single source fire sprinkler systems installed in the future which
currently are required to meet the National Fire Code Chapter 13,
(NFPA), also be required to be installed according to Chapter 10.03 of
the Yakima Municipal Code and that in addition an approved flow detec-
tion device be installed within the right-of-way adjacent to the pro-
perty line or between the water main gate valves and the property line,
as circumstance may require. Bob Lewis, a contractor, stated that most
contractors will support the recommendation of the staff. It was
by Hinman, seconded by Buchanan that the recommendation of the staff be
approved and that Ordinance No. 2427 regulating the installation of fire
protection services and amending the Yakima Municipal Code, be passed:
carried, Beaudhanp, Buchanan, Carmichael, Crest, Doty, Edmondson and
Hinman voting aye on roll call.
ORDINANCE NO. 2527, AN ORDINANCE relating to public services and utili-
ties; regulating the installation of fire protection services; and
amending Section 7.68.275 of the City of Yakima Municipal code.
It was MOVED by Hinman, seconded by Beauchamp that Resolution No.
D-4268 authorizing the execution of a memorandum of agreement with the
Area Agency on Aging be passed: carried, Beauchamp, Buchanan, Car-
michael, Crest, Doty, Edmondson and Hinman voting aye on roll call.
RESOLUTION NO. D-4268, A RESOLUTION authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute a Memorandum of
Agreement with the Yakima Southeast Area Agency on Aging, Area IX.
It was MOVED by Hinman, seconded by Beauchamp that Resolution No.
D-4269, authorizing the granting of permits for sale of fireworks for
1980, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty,
Edmondson and Hinman voting aye on roll call.
RESOLUTION NO. D-4269, A RESOLUTION granting permits for the retail sale
of fireworks within the City of Yakima for 1980.
City Attorney Andrews reported that there has been new consideration
given to the whole subject of street selling due to the request by
Gabriel Jackson to operate a concession stand in the downtown area. He
referred to Section 5.56 of the Yakima Municipal Code and explained that
it needs to be amended regardless of the choice of Council in the mat-
ter, Whether the Council decides that street vending of the type pro-
posed by Mr. Jackson be allowed on City streets, or whether street
vending shall be prohibited or severely curtailed. The Ordinance was
previously amended to allow a certain vendor to operate under certain
conditions, and he is no longer operating at all. Mr. Andrews further
stated that on reflecting on what is the desire of the Council, the
Council must consider several factors -- Whether Mr. Jackson should have
a permanent stand, leave the stand in one location, or if it is to be
random street selling. Then a provision for issuing licenses or permits
must be provided. Standards or qualifications must be set out for
anyone Who wanted to conduct street vending, and these should be put in
the ordinance, rather than for each request to come to the City Council
or to the City Manager. Rules and regulations must be specified in the
067
JUNE 24, 1980
ordinance, specifying a limitation on hours of operation, on character
of the its sold home grown, manufactured or self made products. There
was discussion on Whether Council wanted to open up the CBD, with a
permit type system, for vending businesses. After discussion it was
MOVED by Carmichael, seconded by Doty to deny the request of Gabriel
Jackson for a concession stand, and to instruct the City Attorney to
prepare legislation to amend the present ordinance to not allow any
street vending: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty,
Edmondson and Hinman voting aye by voice vote.
It was MOVED by Hinman, seconded by Beauchamp that Resolution No.
D-4270, approving an Airport Agricultural Lease Agreement with C. Earl
Peugh, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest,
Doty, Edmondson and Hinman voting aye by voice vote.
RESOLUTION NO. D-4270, A RESOLUTION approving an Agricultural Lease
Agreement with C. Earl Peugh.
Mayor Edmondson read a letter that was received June 8, 1980, from
Lucille Wilson, 1314 East Viola, opposing the proposed bus route and
schedule changes. Dan Newton, Transit Manager, explained that some of
the routes had been drastically modified and that they have no way of
knowing if the times are exactly right, but they will be reviewing them
as they try than out and some may be further revised. It was noted that
at the Council meeting of April 1, 1980, City Council had received a
report on the Yakima Transit System and the proposed route and special
changes, and the proposed resolution institutes the changes authorized
at that time and will be effective Monday, July 14, 1980. After dis-
cussion it was MOVED by Hinman, seconded by Buchanan that Resolution No.
D-4271, establishing bus routes and schedules for public transportation
system operated by the City, be passed: carried, BPaudhamp, Buchanan,
Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call.
RESOLUTION NO. D-4271, A RESOLUTION establishing bus routes and sche-
dules for the public transportation system operated by the City of
Yakima.
Item No. 16 on the agenda regarding updated report from the Director of
Public Works and Transit Manager re: .Proposed Changes for City Transit
System, was continued to another meeting.
*It was MOVED by Hinman, seconded by Beauchamp that the report of the
Finance Director regarding LID policies and procedures, be approved:
carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and
Hinman voting aye on roll call.
*It was MOVED by Hinman, seconded by Beauchamp that Resolution No.
D-4272, authorizing the execution of an Animal Control Agreement with
the Yakima County Humane Society, be passed: carried, Beaudhamp, Bu-
chanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll
call.
II/ RESOLUTION NO. D-4272, A RESOLUTION authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute an Animal Con-
trol Agreement with the Yakima County Humane Society.
It was MOVED by Hinman, seconded by Beauchamp that the report from
Public Works Director regarding Wastewater Treatment Plant Change Or-
ders, Contract No. 3, Change Order Nos. 13 and 14, and Contract No. 5,
Change Order No. 2, be approved: carried, Beauchamp, Buchanan, Carmi-
chael, Crest, Doty, Edmondson and Hinman voting aye on roll call.
*It was MOVED by Hinman, seconded by Beauchamp that Resolution No.
D-4273, authorizing the execution of an agreement with CH2M Hill for
professional services in connection with a storm drain inventory, be
passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmond-
son and Hinman voting aye on roll call.
RESOLUTION NO. D-4273, A RESOLUTION authorizing the hiring of CH2M Hill
to perform professional engineering services in connection with a Storm
Drain Inventory.
JUNE 24, 1980
*It was MOVED by Hinman, seconded by Beauchamp that Resolution No.
D-4274 ordering segregation of an assessment in Local Improvement Dis-
trict No. 1009, Freeway Properties Water District, be passed: carried,
Beauchaup, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman
voting aye on roll call.
RESOLUTION NO. D -4274, A RESOLUTION ordering segregation of an assess -
ment in Local Improvement District No. 1009.
*It was MOVED by Hinman, seconded by Beauchamp that Resolution No.
D- 4275, ordering segregation of an assessment in Local Improvement
District No. 1011, River Road Sewer District, be passed: carried,
Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman
voting aye on roll call.
RESOLUTION NO. D -4275, A RESOLUTION ordering segregation of an assess-
ment in Local Improvement District No. 1011.
It was MOVED by Hinman seconded Beauchaup that Resolution No. D -4276
denying a damage claim filed by Michael and Carol Mornes, be passed:
carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and
Hinman voting aye on roll call. (The claim was for $133.08 alleging
unlawful impound of their autanobile).
RESOLUTION NO. D -4276, A RESOLUTION denying the claim of Michael and
Carol Mornes, filed with the City on June 9, 1980.
It was MOVED by Hinman, seconded by Beauchamp that the report of the
Director of Parks and Recreation dated June 17, 1980, with respect to
the completion of the work on Lions Park Construction Project, be ap-
proved, the work be accepted and the final payment of $5,798.06 to the
Washington Department of Revenue as therein set forth, is hereby author-
ized: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson
and Hinman voting aye on roll call.
*It was MOVED by Hinman, seconded by Beauchamp that the Out -of -State
Travel Request of Bob Bounds, to attend Washington State Bar Association
Annual Program and Continuing Legal Education Seminars in Honolulu,
Hawaii, November 3 through 11, 1980, be approved: carried, Beauchamp,
Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on
roll call.
*It was MOVED by Hinman, seconded by Beauchamp that July 8 and 15, 1980,
be set as the time for public hearing on the 1981 Community Development
Block Grant: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty,
Edmondson and Hinman voting aye on roll call.
It was MOVED by Hinman, seconded by Beauchamp that July 22, 1980, be
set as the time of hearing on the assessment roll for L.I.D. No. 1025,
47th and Modesto Paving District: carried, Beauchamp, Buchanan, Car-
michael, Crest, Doty, Edmondson and Hinman voting aye on roll call.
It was MOVED by Hinman, seconded by Beauchamp that Resolution No.
D- 42.77, declaring and adapting a Council policy to require canpensation
to the City on street and alley vacations, be passed: carried, Beau-
champ, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting
aye on roll call.
RESOLUTION NO. D -4277, A RESOLUTION declaring and adopting the policy of
the Yakima City Council to require canpensation to the City on the
vacation of public streets or alleys in the City of Yakima, and repeal-
ing City of Yakima Resolution No. D -3532, adopted June 7, 1976.
It was MOVED by Hinman, seconded by Beauchamp that Ordinance No. 2425,
providing for the vacation of a public alley running north -south between
"A" and "B" Streets, located between 4th and 5th Avenues, requested by
Yakima School District No. 7, be passed: carried, Beauchamp, Buchanan,
Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call.
ORDINANCE NO. 2425, AN ORDINANCE providing for the vacation of a public
alley in the City of Yakima, Washington.
JUNE 24, 1980 089
An Ordinance amending the 1980 Budget, appropriating, transferring and
reappropriating money within and among various funds and accounts,
having been read by title only previously, it was MOVED by Hinman,
seconded by Beauchamp that Ordinance No. 2426, amending the 1980 Budget
and appropriating, transferring and reappropriating money within and
among various funds and accounts, be passed: carried, Beauchamp, Buch-
anan, Cammichael, Crest, Doty, Edmondson and Hinman voting aye on roll
call.
ORDINANCE NO. 2426, AN ORDINANCE amending the 1980 Budget for the City
of Yakima and appropriating, transferring, and reappropriating money
within and among various funds and accounts, all as appropriations for
the 1980 City of Yakima Budget.
Items of information supplied to Council were: memo from City Attorney
II/ re: Phase IV Reclassification. 6/13/80 -- 1-A letter from AFSCME,
Local 1122, Shop Steward. 6/19/80; memo th
o from the City Manager re: 1981
Budget -- Instructions and Guidelines. 6/17/80; letter from Richard
Smith re: Terrace Heights Sewer District - City of Yakima-Wastewater
Treatment; letter from Cox Cable of Yakima to Director of Community
Development re: completion date for cable construction delayed approx-
imately 30 days. 6/3/80; letter from Sheila P. Lewis re: change in bus
routes; letter from the Town of Tieton thanking the Mayor for the use of
the street sweeper and water truck. 6/16/80; letter from Multnomah
County, Oregon re: clean-up crews that came to Yakima. 6/13/80; memo
from Supervising Traffic Engineer re: Fruitvale Canal - Council Pet-
ition No. 959. 6/6/80; response by Traffic Engineer to inquiry made at
Council Community Forum. 6/4/80; memo from Director of Community Dev-
elopment re: Outside Utility Request for sewer filed by Oscar Daniels;
minutes of June 11, 1980 Yakima Center Advisory Commission; bulletin of
Potential Hazards from Future Eruptions of Mount St. Helens Volcano,
1978; and Yakima Valley Conference of Governments Newletter. Volume 6,
No. 6, June 10, 1980.
There being no further business to come before the Council, it was MOVED
by Beauchamp, seconded by Hinman that this meeting be adjourned at the
hour of 6:00 P.M.: carried, Beauchamp, Buchanan, Carmichael, Crest,
Doty, Edmondson and Hinman voting aye on roll -.i
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