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HomeMy WebLinkAbout12/18/1979 Business Meeting DECEMBER 18, 1979 4' 9 The City Council met in session on this date at 2:00 P . M. in the Cou- ncil Chambers of City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Henry Beauchamp, .Lynn Buchanan, Don Hinman, Nadine Lee, Frank Roberts and Gordon Wonder. The Invocation was given by Mayor Edmondson. 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. Council member Lee requested that Items No. 5 and No. 6 be added to the Consent Agenda. Council- man Buchanan requested that Items No. 12 and No. 16 be added to the Consent Agenda and Councilman Wonder requested that Item No. 15 be added. Mayor Edmondson stated that a citizen has requested to speak to Item No. 15. It was the general consensus of the Council that the addition of Items Number 5, 6, 12 and 16, as requested, be made. The City Clerk then read the Consent Agenda items, including Resolutions and Ordinances by title. It was MOVED by Wonder, seconded by Lee that the Consent Agenda, as read, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder 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.) Mayor Edmondson announced that Virginia Hislop, Chairman of the Yakima School Board, is retiring and there will be a special reception at the School Administration Building. She stated that Council has adopt- ed a Resolution of Appreciation and Commendation and proclaimed today, Tuesday, December 18, 1979, as Virginia Hislop Day. Dick Hilligus, Director of Parks & Recreation, introduced Mark Pouley, Chairman of the newly created Youth Advisory Commission, who thanked the Council for making the Commission official. *It was MOVED by Wonder, seconded by Lee that Resolution No. D -4175, authorizing the execution of a Joint Facilities Agreement with Yakima School District No. 7, be passed: carried, Beauchamp, Buch- anan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D -4175, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Joint Facilities Agreement with Yakima School District No. 7. *It was MOVED by Wonder, seconded by Lee that .Resolution No. D -4176, creating a Yakima Youth Commission, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D -4176, A RESOLUTION creating a Yakima Youth Commission, specifying its membership, providing for its organization, recognizing its authority and designating its functions and duties. *It was MOVED by Wonder, seconded by Lee that Resolution No. D -4177, authorizing the execution of a Data Processing,_ Services Agree- ment with Yakima County, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D -4177, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Data Processing Services Agreement with the County of Yakima. *It was MOVED by Wonder, seconded by Lee that Resolution No. D -4178, segregating an assessment in L.I.D. No. 1011, River Road Sanitary Sewer District, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D -4178, A RESOLUTION ordering segregation of an assessment in Local Improvement District No. 1011. Dennis Bertek, Sanitary Engineer, reported on the need for a telephone system at .the Wastewater Facilities Plant and the need for a Change Order to accomplish this. He stated the telephone company informed 410 DECEMBER 18, 1979 him that we need to go into a different electrical conduit to put in the phone system. Mr. Bertek stated that the exact cost is not known, but would be done on a time and material basis for the actual work done. He stated that when the actual cost is known, he would then come back with a Change Order. Council members expressed concern regarding the need for another Change Order to this Contract. It was MOVED by Hinman, seconded by Roberts to instruct staff to do the work as out- lined and the final cost to be approved in a future Change Order: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye by voice vote. City Manager Zais stated that the 11/26/79 memo from the Director of Community Development is self- explanatory in its request to declare the garage located at 102 No. 9th Street as surplus property. Council members questioned which fund would benefit from the sale of this property and City Manager Zais stated that it would go into the Capital Improvement Fund for the Yakima Center. It was MOVED by Beau- champ, seconded by Lee that Resolution No. D -4179, authorizing the sale of surplus property located at 102 No. 9th Street, be passed. It was MOVED by Wonder to amend it to state that the income from the sale will remain in the Convention Center Capital Improvement Fund. City Attorney Andrews stated that should be done by an Ordinance appropriating that money. The motion to amend died for lack of a second. The question was called for the vote on the motion: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D -4179, A RESOLUTION authorizing the sale of surplus property owned by the City. It was MOVED by Wonder, seconded by Lee that Resolution No. D -4180, denying the claim for damages filed by the Fraternal Order of Eagles, Aerie No. 289, claiming an excessive billing for water and sewer utility service due to the malfunctioning of an ice machine, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D -4180, A RESOLUTION denying a claim for damages filed with the City by the Fraternal Order of Eagles, Aerie No. 289. It was MOVED by Wonder, seconded by Lee that Resolution No. D -4181, authorizing the extension of CETA Programs through September 30, 1980, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D -4181, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a contract with the Yakima County Department of Human Services, Division of Manpower Development, for the extension of CETA Programs in the City of Yakima. It was MOVED by Wonder, seconded by Lee that Resolution No. 13,4182, adopting a schedule of fees for recreational activities of the Parks & Recreation Department, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D -4182, A RESOLUTION adopting . a schedule of fees for recreational activities of the City of Yakima, Department of Parks & Recreation. It was MOVED by Wonder, seconded by Lee that the report of the City Treasurer dated November 30, 1979, regarding the investments of the City of Yakima, be accepted and approved: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. *It was MOVED by Wonder, seconded by Lee that January 22, 1980, be set as the date of hearings on L.I.D. No. 1020, Pierce Street Paving and L.I.D. No. 1023, 43rd and Aller Sewer District: carried, Beau- champ, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. Mary Hersey, AFSCME Union Representative, stated that she wanted to speak to the issue of the legality of implementing the Phase IV Reclass- ification as of January 1, 1979. She stated that the City Manager has DECEMBER 18, 1979 411 stated it was not legal to go retroactive, based on the fact that there is no written agreement with the employees or the Union on the effective date. She stated that the various phases of the reclassification has been plagued by disputes. She stated that the Union's attorney and the City Attorney have been talking about the fact that verbal or oral understandings with the employees is a valid contract. She stated that it was reaffirmed that there would be an Overview of Phase IV in a letter from the City Manager in 1978. The employees, through their Union, have had to fight for the continuation of a reclassification pro- ject. The determination that there was an obligation to continue was based on a verbal commitment to the employees. She stated that the difference between Phase III and Phase IV is that the City Manager had refused to put that commitment in writing, however, she stated that she believes that that doesn't negate the verbal understanding. She stated that in August, 1978, City Manager Zais did not want to put it into a contract, but he assured the negotiating team that Phase IV would be completed as soon as possible. She stated that shortly after that, a memo dated 11/16/78 from the Personnel Officer, regarding reclass overview went to the Department Directors. She stated that the employ- ees had every reason to believe that the project would be completed as fast as possible and expected that to be done by January 1, 1979, which target date appears in some Civil Service minutes. She requ- ested that Council authorize the overview of Phase IV being. made retroactive to January 1, 1979. City Manager Zais stated that during the negotiations, management rejected to commit themselves for a fixed timetable. He stated that the timetable in the Personnel memo was just to get the project started. He stated that there wasn't any negotiated commitment agreed upon and in the absence of this agreement, there can be no legal basis for making retroactive payments. City Attorney Andrews stated that making retroactive payments without some kind of contract would constitute making a gift of public funds. He stated that he and the Union's attorney are still looking at files and records and if there is some evidence that there is an understanding, then it would become contractual. Council member Lee stated that she was under the impression that there were funds set aside last year for the Overview and if there are, then it would be fair to do this. City Manager Zais stated that this was discussed, however, no specific funds were set aside. Councilman Wonder stated he thought this was discussed and it was going to be effective in 1979. He stated that a tacit agreement was made on this, and that it would be completed in 1979. He also stated he was surprised that it took so long to complete, as the project was started in 1976. He stated he thought Council had some type of moral agreement, if not in writing. Councilman Hinman questioned if the Legal Department would continue to research the legality of retro- activity, regardless of action taken today. City Attorney Andrews stated that he would look into the question of the legality. It was MOVED by Lee, seconded by Hinman to accept the recommendation approving the final Overview of Phase IV, as outlined: carried, Beau- champ, Buchanan, Edmondson, Hinman, Lee, Roberts .and Wonder voting aye by voice_vote. *It was MOVED by Wonder, seconded by Lee that Resolution No. D- 4183, authorizing the execution of an agreement related to admin- istering the Yakima Metropolitan Area Transportation Study (YMATS) for and on behalf of the Yakima Valley Conference of Governments, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D -4183, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agree- ment related to administering the Yakima Metropolitian Area Trans- portation Study (YMATS) for and in behalf of the Yakima Valley Con- ference of Governments. *It was MOVED by Wonder, seconded by Lee that Resolution No. D -4184, setting a date of public hearing on the 1979 Community Dev- elopment Block Grant Program report, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D -4184, A RESOLUTION setting a public hearing on the matter of the 1979 Community Development Block Grant Program Report. 412 DECEMBER 18, 1979 Carol Darby, Director of Community Development, reported that the Capitol Theatre Project has been completed and there are expenses outstanding in the amount of $52,067.14, which is less than 1% of the total project. She gave a breakdown of the expenses to include pay- ment of $24,372 towards a sidewalk L.I.D. It was MOVED by Lee, seconded by Wonder to approve the final acceptance of the Capitol Theatre Project, performed by Hill's Construction: carried, Beau- champ, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye by voice vote. It was MOVED by Lee, seconded by Wonder to authorize FRS Funds in the amount of $52,067.14 for the completion of the Capitol Theatre Project to finalize the project: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye by voice vote. It was MOVED by Wonder, seconded by Hinman that Resolution No. D-4185, authorizing the waiver of restrictions on the use of a portion of City water line right-of-way in the Naches Area, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. RESOLUTION NO. D-4185, A RESOLUTION waiving restrictions on the use of a portion of a City water line right-of-way. City Manager Zais explained that this compensation and pay plan for City employees includes management pay, reclass overview, Phase IV and Fire Department settlement for 1980. He stated that another pay plan will come to Council later following the completion of the Police and AFSCME negotiations. It was MOVED by Hinman, seconded by Wonder that Ordinance No. 2353, amending the Compensation and Pay Plan for City employees, be passed: carried, Beauchamp, Buchanan, Edmond- son, Hinman, Lee, Roberts and Wonder voting aye on roll call. ORDINANCE NO. 2353, AN ORDINANCE relating to City personnel; adopting a classification plan and a compensation plan for City employ- ees; amending Sections 2.20.100 and 2.20.110 of the City of Yakima Municipal Code and declaring an emergency. It was MOVED by Hinman, seconded by Roberts that Ordinance No. 2354, amending the Municipal Code relative to the administraiidn and enforcement of fire safety and building codes for the City, be passed. City Manager Zais stated that everything that is contained herein has already been adopted by the City; this just transfers the respon- sibilities to the Community Development Department. The question was called for the vote on the motion: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. ORDINANCE NO. 2354, AN ORDINANCE relating to Fire and Building codes; amending and providing for the administration and enforcement of the Uniform Fire Code and other fire, safety and building codes of the City; amending Sections 11.13.020, 11.13.140, 10.05.020, 10.05.025, 10.05.030, 10.05.050, 10.05.060, 10.05.075, 10.05.100, 10.05.130, 10.05.145, 10.08.020, 10.10.010, 10.10.080, 10.15.020, 10.15.040, 10.15.050 and 10.15.090 and Subsections 10.05.120 (6) , 10.10.020 (C) , 10.10.030 (A), 10.10.040 (A), 10.10.050 (D), and (E), 10.10.060 (A) and 10.10.070 (E), and adding new section 11.36.040, all of the City of Yakima Municipal Code. It was MOVED by Hinman, seconded by Lee that Ordinance No. 2355, amending the Municipal Code, specifying the organization and duties of the fire, public works and community development departments, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. ORDINANCE NO. 2355, AN ORDINANCE relating to City government administration; specifying the organization and duties of the Fire Depart- ment, the Department of Public Works and the Community Development Department of the City; and amending Sections 1.18.040, 1.18.050 and 1.18.060 of the City of Yakima Municipal Code. It was MOVED by Beauchamp, seconded by Buchanan that Ordinance No. 2356, specifying fees and charges for the Tahoma Cemetery for 1980, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. DECEMBER 18, 1979 413 ORDINANCE NO. 2356, AN ORDINANCE relating to public services and utilities; specifying fees and charges for property and services at Tahoma Cemetery; and amending Subsection 7.04.090 (b) of the City of Yakima Municipal Code. It was MOVED by Wonder, seconded by Hinman that Ordinance No. 2357," specifying charges to be paid to the Cemetery Trust Fund and obligating the City with respect to Cemetery maintenance, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. ORDINANCE NO. 2357, AN ORDINANCE relating to funds and accounts; specifying the amount of the charge to be paid to the Cemetery Trust Fund for endowment care; and obligating the City with respect to such fund and with respect to Cemetery maintenance; and amending Section 3.04.050 of the City of Yakima Municipal Code. It was MOVED by Wonder, seconded by Buchanan that Ordinance No. 2358, relating to traffic control and prohibiting parking at all times on the west side of So. 3rd Street' from the intersection of So. 2nd Street to Pacific Avenue and both sides of North First Street from Tamarack Street to Interstate 82, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. ORDINANCE NO. 2358, AN ORDINANCE relating to traffic control; prohibiting parking at all times on certain streets within the City of Yakima and amending Section 9.50.500 of the City" of Yakima Municipal Code. It was MOVED by Lee, seconded by Wonder that Ordinance No. 2359, relating to public services and utilities; imposing a sanitary sewer Capital Cost Recovery Charge, be passed: carried, Beauchamp, Buch- anan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye on roll call. ORDINANCE NO. 2359, AN ORDINANCE relating to public services and utilities; imposing a sanitary sewer Capital Cost Recovery Charge; specifying the rate and time of payment of such charge; and enacting Chapter 7.58, "Sanitary Sewer Capital Cost Recovery Charge", and Section 7.58.010, 7.58.020, 7.58.030, 7.58.040, 7.58.050 and 7.58.060 as a new Chapter and new Sections of the City of Yakima Municipal Code. Mayor Edmondson read a letter of appreciation to the City of Yakima employees for their performance and efforts in 1979. Mary Hersey, AFSCME Union Representative, spoke about a position which is being deleted in the Street Division and the impact on the employee. She stated that Vergil Carl has been an employee since July, 1936 and since retirement is not feasible for him at this time, he will have to take a demotion to a Street Specialist I position. She reported that this de- motion means a $260 a month reduction in salary. She also stated that by not retiring, his retirement pension will be reduced. She asked that Council consider freezing his salary at the level it is now. She stated she is requesting this based on Council's request to have staff look at street inspection fees. It is possible the fees for the street cut inspections could cover his salary. This will allow Mr. Carl the time to contact the retirement agency to get figures. City Manager Zais stated that this request should be made to the Civil Service Commission. He stated that this request should be referred to the Civil Service Com- mission for their recommendation and whether the Department can accept that financially. Following discussion, it was MOVED by Hinman, sec- onded by Lee to refer this to the Civil Service Commission at their next meeting regarding this concern for Vergil Carl: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye by voice vote. It was MOVED by Lee, seconded by Wonder that Ordinance No. 2360, adopting the 1980 Budget, be passed. Councilman Wonder proposed putting some of the FRS money into the Cumulative Reserve Fund for capital improvements. City Manager Zais stated that there is a balance of $322,000 in the FRS funds. It was MOVED by Wonder, seconded by Hinman to amend the budget by reserving $200,000 of FRS funds to be placed in the Capital Reserve Fund. Councilman Hinman inquired what the money can be spent for after it is placed into this fund. City Manager Zais stated this fund was created in 1970 to be used only for capital improvements, acquisition of property, making public improvements and related costs. He stated that this fund was 414 DECEMBER 18, 1979 originally supported by sales tax income. Mayor Edmondson stated that Council has drawn up a tight austere budget and expressed concern about tieing this money up. Councilman Beauchamp stated he agrees with the Mayor and following discussion, it was MOVED by Beauchamp, seconded by Lee to amend the $200,000 to $150,000: carried, Beau- chart), Buchanan, Hinman, Lee, Roberts and Wonder voting aye by voice vote. Edmondson. voting nay. The question was called for the vote on the_ motion, as amended: carried, Beauchamp, Buchanan, Hinman, Lee, Roberts and Wonder voting aye by voice vote. Edmond- son voting nay. ,The question was called for the vote on the original motion as amended: carried, Beauchamp, Buchanan, Edmondson, Hin- man, Lee, Roberts and Wonder voting aye on roll call. ORDINANCE NO. 2360, AN ORDINANCE adopting a budget for the City of Yakima, Washington for the year 1980; and appropriating funds for estimated expenditures. Lynn Buchanan, Lynn Carmichael, Shirley Doty and Frank Roberts having been duly elected to the office of Councilman on November 6, 1979, and the Oath of Office having been administered to them by the City Clerk, are now duly seated as Councilmen for the City of Yakima. It was MOVED by Lee, seconded by Hinman to recommend Gordon Won- der to serve on the Cable TV Committee: carried, Beauchamp, Buch- anan, Hinman, Lee, Roberts and Wonder voting aye by voice vote. Edmondson voting nay. It was MOVED by Lee, seconded by Hinman to move into Executive Session for the purpose of discussing collective bargaining and then adjourn the meeting: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Roberts and Wonder voting aye by voice vote. Items of information supplied to Council were: Memo from City Manager referring to Correspondence Re Skill Center Code Enforcement. 12/14/79; Memo from City Attorney re Councilmember Don Hinman Alleged Conflict of Interests. 12/7/79; Letter from Department of Health, Education and Welfare re White House Conference on Families. , 12/3/79; Letter to Mullen & Associates re Yakima Wastewater Treatment Plant, Contract Number 3, Masonry Construction at Chlorination and Shop /Garage Building; 12/10/79; Monthly Report of Code Administration Office Activities, November, 1979; Yakima Board of Adjustment Meeting, Tues- day, December 18, 1979; Yakima Housing Authority Meeting, December 3, 1979; Yakima Valley Conference of Governments Newsletter -- Dec- ember 7, 1979; Memorandum Opinion re City of Yakima and Richard Zais., City Manager, vs. Yakima Police and Fire Civil Service Commission and Tony Sloan; and Memo from Director of Community Development re Lynch Motor Co. Outside Utility Request (Water). 9/19/79 There being no further business to come before the Council, it was MOVED by Lee, seconded by Hinman that this meeting adjourn at the hour of 5:15' P.M.:. carried, Beauchamp, Buchanan, Edmondson, Hin- man, Lee, Roberts and Wonder voting aye by voice vote. / Ed ro READ AND CERTIFIED ACCURATE BY = o DATE ••UNCILMAN /3 a) DATE COUNCILMAN ATTEST: / ' CITY •"ERK " MAYOR