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HomeMy WebLinkAbout03/11/1980 Business Meeting 465 MARCH 11, 1980 The City Council met in session on this date at 7:00 p.m. in the Council Chambers of City Hall, Yakima, Washington; Mayor Betty L. Edmondson presiding, Council members Henry Beauchamp, Lynn Carmichael, Shirley Doty and Don Hinman and City Manager Zais and City Attorney Andrews present on roll call. Councilman Lynn Buchanan present after 9:10 p.m. 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. City Manager Zais stated that there are three off-agenda items fixing April 8 as the date of hearing: final assessment roll for L.I.D. No. 1026, 18th and Greenway Water District; and L.I.D. No. 1024, 47th and Modesto Way Water District; and a Resolution of Intention to Create Moose Lodge Water Local Improvement District. It was the general consensus of the Council that the addition of the fixing of the dates of hearings as requested, be made. The City Clerk then read the Consent Agenda items including Resolutions and Ordinances by title. It was MOVED by Hinman, seconded by Beauchamp that the Consent Agenda, as read, be passed: carried, Carmichael, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. Buchanan absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda to be handled under one motion without further discussion.) Councilman Hinman requested to add a report on Fairview-Sumac Sewer issue to the Agenda after the hearings. It was the general consensus of the Council that this report be added to the Agenda. It was MOVED by Hinman, seconded by Beauchamp that the minutes of the January 15, 1980 meeting, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly, be approved: carried, Carmichael, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. Buchanan absent. This being the time fixed for the hearing on the rezone request filed by Ron Knight for property located at 902 So. 36th Avenue, Council member Doty inquired if the church building will remain on the property. Larry Wright, Principal Planner, stated that the church building will be used as their cannon area. Following discussion, and there being no citizen present wishing to speak to this item, it was MOVED by Hinman, seconded by Carmichael to direct staff to prepare legislation approving this rezone, following the recommendations of staff: carried, Beauchamp, Carmichael, Doty, Edmondson and Hinman voting aye by voice vote. Buchanan absent. This being the time fixed for the hearing on the rezone request filed by James Olson, for property located in the vicinity of So. 18th Avenue and Greenway, Council member Doty expressed concern about the petition submitted by residents in the area concerning fencing of the property. Larry Wright, Principal Planner, stated that staff agrees with the Planning Commission that the existing landscaping does an adequate job of site screening. Irene Barber, speaking on behalf of Kathryn Keeton, that 1810 Greenway, stated at a six foot fence has been requested for the southeast corner of the Reed/Keeton lot to keep out excessive vehicle, pedestrian and animal traffic. She stated that the vehicle lights shine into Mrs. Keeton's bedroom window. Jeanette Pierson, 1901 Green- way, spoke in support of the fencing requested in Mrs. Keeton's area. Betty Brooks, 1217 So. 20th Avenue, expressed concern about the density and excessive traffic. She also spoke in support of the requested fence. Pat Mallula, 1404 So. 18th Avenue, expressed concern that the fence along the southern boundary would be torn down and leave her garden area unprotected from kids and animals. Jean Allard, representing James Olson, displayed a plot plan of the property and distributed pictures taken of the property. He stated that he thinks it would be proper to put in some site screening in the area between the existing evergreen trees to prevent the car lights from shining in Mrs. Keeton's bedroom windows. He stated that he believes the developer would agree to putting in the additional site screening, possibly a wood fence between the trees allowing for road access on both sides. He also stated that all the present fences would be retained. The public portion of the hearing being closed, it was MOVED by BeauChamp, seconded by Doty to require that the gap be filled with site screening on the northern boundary as discussed with Mr. Allard, representing Mr. Olson, 466 MARCH 11, 1980 as a condition of construction, but leave the greenery: carried, Beauchamp, Carmichael, roty, Edmondson and Hinman voting aye by voice vote. Buchanan absent. It was MOVED by Hinman, seconded by Carmichael to instruct staff to prepare the appropriate legislation to approve this planned development with the staff recommendations and conditions: carried, Beauchamp, Carmichael; Doty, Edmondson and Hinman voting aye by voice vote. Buchanan absent. This being the time fixed for the hearing on the final assessment roll for L.I.D. 'NO. 1028, 46th Avenue Paving District, MayorrEdmondson reported that a letter of protest' has been received frcm Adrianne Grant, 115 No. 46th Avenue, protesting- the condition of the entrance of her driveway. Dennis Covell, City Engineer, distributed some pictures which were taken today of the slope of Mrs. Grant's driveway which has a slight angle. He stated that he understands that Mrs. Grant feels that II/ the City should and relandscape her property to give her the Same grade with the new street as she had with the old street. He stated he does not believe it is a valid claim stating that landscaping was not included in the contract to make it compatible with the new Street. He stated that the City brought in some dirt to level the driveway. Dave Lemke, 1 So. 46th Avenue, asked what his assessment is and Mayor Edmondson stated that it is $2,608.69 which is less than the estimated figure. Gerald Puyear, 1 No. 46th Avenue, asked several questions: that was the breakdown cost to do the repair work at the north end of the street and was it included in the assessments? Why isn't the .street paved to the end of the property line? Are the sidewalks on the north side going to be compatible? Dennis Covell, City Engineer, stated that the repair work is not included in the assessment. He stated that he will have to research the answers for the other questions. Council member Doty stated she would like to continue this until the information from staff is available. Mayor Edmondson declared that this item will be continued for two ueeks. This being the time fixed for the hearing on L.I.D. No. 1018, Ranchette Subdivision Sewer District, Mayor Edmondson reported that Ken Colvin called to state that he is unable to be here this evening, but he wanted Council to know that he feels the engineering costs were misleading. Mayor Edmondson also reported'thatCbuncil has received a letter from Mr. Weeks, protesting the assessment. Bill -Eakin, 622 Pickens Road, stated that the residents understocd that it was City policy to have a meeting with the residents if the bids care in at a figure in excess of 10% of the engineer's estimate. He stated that none of than were Contacted. He stated he doesn't object to the cost of the project even though it is higher than the estimate, however, he does object to the engineering costs. He stated that he feels they were misrepresented to start with. Mayor Edmondson stated that a meeting was held with the residents and they were informed about the higher costs and chose the alternative with the higher cost. She stated that staff has.comoromised the engineering fees. City Manager Zais stated that the City will be absorbing the excess engineering costs. Lois Eakin, 622 Pickens Road, requested information on her preliminary assessment figure stating that the second notice she received had a different preliminary assessment figure than the first one received. Mayor Edmondson stated that the second figure would have been the one after the bids were received and the contract awarded. Chris Perks, Office Engineer, gave some back- ground information on the creation of the district and the bid process. He stated that after they began work. on the design of the sewer, the County requested that the road be rebuilt and that added an additional $20,000 to the cost of the project. It was MOVED by Hinman, seconded by Beauchamp that Ordinance No. 2379, confirming the assessment roll for L.I.D. No. 1018, Ranchette Subdivision Sewer District, be passed. Following discussion, the question was called for the vote on the Motion: carried, Doty, Edmondson, 'Hinman, Beauchamp and Carmichael Voting aye on roll call. Buchanan absent. ORDINANCE NO. 2379, AN ORDINANCE confirming the assessment roll covering . Local Improvement District No. 1018 as created and established by Ordinance No. 2199 as amended by Ordinance No. 2238 of the ordinances of the City of Yakima. This being the time fixed for the hearing on the irrigation maintenance assessment roll for 1980, Willis 14hite, Director of Public Works, explained the method used for determining the increases for the irrigation districts. Those citizens present questioning and protesting 467 MARCH 11, 1980 their irrigation assessments were: Ancil Baker, 314 Thornton Lane, Edgar Haynes, 404 So. 27th Avenue and Sarah Schiffner, 1008 Tieton Drive. (Councilman Buchanan present after 9:10 p.m.) It was MOVED by Beauchamp, seconded by Carmichael that Ordinance No. 2380, confirming the irrigation assessment roll for 1980, be passed: carried, Edmondson, Hinman, Beauchamp, Buchanan, Carmichael and Doty voting aye on roll Call. ORDINANCE NO. 2380, AN ORDINANCE confirming, the irrigation maintenance assessment roll of the City of Yakima for the calendar year 1980 and levying irrigation maintenance assessments according to such roll. Councilman Hinman gave a report on the meeting between the Council Committee and residents in the Fairview-Sumac area on sewer service. He reported that the City and County staff discussed holding neighborhood informational meetings; possible exemption for citizens using Community Development Block Grant; deferred payment option and timeframe.for annexation consideration. Paul Dalloff, 609 Fair Avenue, requested that the $50_ plumbing inspection charge be waived. City Manager Zais stated that it is permissible for the property owner or occupant to install and take the connection, however, at the time the physical connection is Made, it must be made in the presence of the City Inspector.. He stated that there is a $9 fee for the permit which must be Obtained. Councilman Hinman stated that the only area that needs Council action is Whether or not the $50 application fee should be waived. Patti Nagle, 217 So. 31st Avenue, questioned who is going to pay the $50 fee if it is waived. Councilman Hinman stated that the Fairview-Sumac area would have to be annexed at the time the two automobile dealerships and K-Mart Are annexed and it would not take long for the revenues from the area to Compensate for this loss of revenue. Following discussion, it MOVED by Hinman, seconded by Doty to instruct staff to prepare legislation so the $50 application fee can be waived according to the City Attorney's Criteria on Community Development Block Grant utilities: Hinman, Beauchamp and Doty voting aye by voice vote. Buchanan, .Carmichael and Edmondson voting nay. The Motion failed for Pack of 'a majority vote. Council member Carmichael stated she did not feel the citizens of Yakima should have to pay the fee now. Councilman Beauchamp stated that as the citizens in the area connect to the sewer, the City would receive revenue and waiving the connection charge would .facilitate the connection. .City Manager .Zais suggested that the $50 .fee could be handled in the .same method as the capital cost recovery charge, which Will be paid annually throughout a 10 year period. It was MOVED by Hinman, seconded by Carmidhael_to instruct staff to cone up with a method for deferred payment on the $50 application fee, like CCRC: carried,' Beauchamp, Buchanan, Carmichael, Doty, -Edmondson. and Hinman voting aye by voice vote. Patty Huff, 713 No. 3rd Street, questioned the status of the improve- Ments at 4th Street and "I". Carol Darby, Director of Community Development, stated that there has been a problem that the contractor is not complying with the minority requirements in the contract. She reported that the contractor is paying damages for not completing the work in a. timely manner and has paid damages in the amount of $4,000 so far. She stated that the contractor plans to complete the project as soon as the asphalt plant starts up. Patty Huff also requested information on the project to fence along the canal in her area. Carol Darby, Director of Community Development, reported that after staff's survey they found that many of the property owners abutting the ditch have landscaped there and that will have to be moved and will cost about $35,000 above the $35,000 allocated for the fencing. Mrs. Huff stated that she doesn't see a problem as the property Owners were aware that there was a right-of-way along the canal and they have infringed upon the City's property. Following discussion, it was the general consensus of the. Council to refer this matter to staff for. a report. Gary Webster, chamber of Canmeroe, distributed and read a document entitled "Before the Civil Aeronautics Board, Washington, D.C., regarding the 60 day notice given by Hughes Air West to suspend, single plane service to. Denver, opposing the discontinuance of this Service". He urged Council to support the Chamber of Cdmmerce's efforts in reversing the decision to suspend the service. He added to the last sentence in the document as follows: "or have a committee to find alternative service to avoid our air travelers to void using-circuitous routes to the eastern market". He reported on the telephone discussions 463 MARCH 11, 1980 he. has had with the home office of Hughes Air West. Larry Wittenberg, Assistant City Manager, stated that this response may not bring any fruit because the CAB cannot make Hughes Air West delay the May 1 suspension date, but the CAB requests or suggestions would likely be honored by Hughes Air West. It was MOVED by Beauchav, _seconded by Buchanan to take that position, as requested: carried, Beauchamp, Buchanan, Carmichael, Doty, Edmondson and Hinman voting aye by voice vote. Police Chief Jack LaRue submitted and presented the annnal report from the Police Department for 1979. He reviewed some of_the,statistics and stated that there has been a 10% increase in serious or felony crimes. The clearance rate for 1979 was 27.6% and the national average for western states is 21.3%. He stated that for the first two months of this year, there has been an increase in Part I offenses of 20% in January and 22% in February. II/ City Manager Zais stated that there will be a comprehensive review on March 20th regarding the financing and changing in scheduling of the Transit Division. He stated that their action is required for the filing of the application for the 1980 grant funding, It was MOVED by Hinman, seconded by Beauchamp that Resolution No. D-4219, authorizing the filing of a request for 1980 grant funding from the Urban Mass Transportation Administration, he passed: carried, Beauchamp, Buchanan, Carmichael, Doty, Edmondson and Hinman voting aye on roll call. RESOLUTION NO. D-4219, A RESOLUTION authorizing the filing of. an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended. *It was MOVED by Hinman, seconded by Beauchamp that Resolution No. D-4220, appointing the Planning Commission as an Airport Zoning Commission, be passed: carried, Carmichael, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. Buchanan absent. RESOLUTION NO. D-4220, A RESOLUTION appointing the Planning Commission of the City of Yakima as an Airport Zoning Commission. It was MOVED by Hinman, seconded by Beauchamp that Resolution No. D-4221, authorizing payment of $112.20 to Stanley Quinn in settlement of a claim for damages when the City sewer line became clogged, backing up into his residence, be passed: carried, Carmichael, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. Buchanan absent. RESOLUTION NO. D-4221, A RESOLUTION authorizing payment of $112.20 to Stanley Quinn in settlement of a claim for damages filed with the City of Yakima. City Attorney Andrews referred to his report .on the damage claim filed by Melvin Moore, stating that it is not usual for the Legal Department to investigate a claim when it has gone to the insurance company. He stated that the Legal Department has not investigated this claim and has no opinion on it. Councilman Hinman stated that it is bad policy for the City to become involved in a claim once it has been turned over to the insurance company. He suggested that staff should check on this claim. Mayor Edmondson stated that it would not be good policy to get II/ staff involved in the claim either since it has been turned aver to the insurance campany. Councilman Beauchamp stated that Council has a responsibility to the citizens and perhaps staff should call the insurance carrier for information. Councilman Hinman agreed that the insurance agent and adjuster should be contacted to see if there is a valid reason for the comprardse. It was MOVED by Buchanan, seconded by Hinman to instruct staff to follow up and get more detail on this claim and review the two steps mentioned here: carried, Beauchamp, Buchanan, Carmichael, Doty, Edmondson and Hinman voting aye by voice vote. It was MOVED by Hinman, seconded by Beauchamp that the right-of-way use permit requested by Raber-Dersham at the location of the Chinook Tcwer, be approved: carried, Carmichael, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. Buchanan absent. MARCH 11, 1980 469 *It was MOVED by Hinman, seconded by Beauchamp that the report from the Director of Community Development dated February 25, 1980, with respect to the canpletion of the work on the 1979 Paving Project - Schedule C - 1979 Sidewalk Improvement Project, performed by Superior Asphalt and Concrete Company, be approved, the work be accepted and payment of the final estimates as therein set forth is hereby authorized: carried, Carmichael, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. Buchanan absent. *It was MOVED by Hinman, seconded by Beauchamp that March 25, 1979 be fixed as the time of hearing on the rezone request filed by Gene P. Mayer: carried, Carmichael, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. Buchanan absent. It was MOVED by Hinman, seconded by Beauchamp that the out-of-state travel for the City Manager and Assistant City Manager to attend the 1980 Northwest Regional City Management Conference in Newport, Oregon, March 27-29, 1980 at a cost of $190 each, be approved: carried, Carmichael, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. Buchanan absent. It was MOVED by Beauchasitp, seconded by Buchanan that Resolution NO. D-4222, authorizing the execution of a renewal agreement with the U.S. Department of Housing and Urban Development for a Housing Counseling Program, be passed: carried, Buchanan, Carmichael, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. RESOLUTION NO. D-4222, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a renewal agreement with the United States Department of Housing and Urban Development for a Housing Counseling Program. It was MOVED by Hinman, seconded by Beauchamp that Ordinance No. 2381, fixing the time of delinquency and providing for the issuance of bonds for the payment of L.I.D. No. 1020, Pierce Street Paving District, be passed: carried, Carmichael, Doty, Edmondson, Hinman, and Beauchamp voting aye on roll call. Buchanan absent. ORDINANCE NO. 2381, AN ORDINANCE fixing the time of delinquency of installments of assessments levied for the payment of the cost of improvement in Local Improvement District No. 1020, and providing for the issuance of bonds with coupons attached for the payment of the unpaid portion thereof. *It was MOVED by Hinman, seconded by Beauchamp that Ordinance No. 2382, designating the time and place of City Council meetings, be passed: carried, Carmichael, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. Buchanan absent. ORDINANCE NO. 2382, AN ORDINANCE relating to City government administration; designating the time and place for the meeting of the Yakima City Council; and amending Section 1.06.010 of the City of Yakima Municipal Code. An Ordinance amending the 1980 Budget, appropriating, transferring and reappropriating funds for unpaid purchase orders encumbered in 1979, having been read by title only at this meeting, was laid on the table for two weeks or until Tuesday, March 25, 1980. Assistant City Manager Wittenberg distributed a summary of the negotiation and arbitration award with the Police Department stating that the arbitration award was received on March 6. He stated that the funding sources and options were reviewed as given in the memo dated 2/10/80. He reported there is a shortfall of $14,300 between the amount budgeted and the arbitration award Which is $31,800. He gave three options: (1) an appropriation from the Contingency Fund Reserve; (2) delay in filling two Police Officer vacancies for five more months; and (3) eliminate one Police Officer position. Referring to a chart on cost breakdown, Assistant City Manager Wittenberg stated that the total difference in wages and benefits from 1979 is $195,507. Mayor Edmondson recommended that the money be taken from the Contingency Reserve Fund and authorize staff to fill the two vacant Police Officer positions. Councilman Beauchamp expressed concern About the area of Affirmative Action and the City's inability to integrate minorities in the Police • 470 MARCH 11, Department. City Manager Zais reported that there were two minorities hired_ in the last two months. He reported that the register is in effect until May. It was MOVED by Buchanan, seconded by Beauchamp to continue this for two weeks: carried, Beauchamp, Buchanan, Carmidhael, Doty and Hinman voting aye by voice vote. Edmondson voting nay. *It was MOVED by Hinman, seconded by Beauchaup that April 8, 1980 be set as the date of hearing for the final assessment roll on L.I.D. NO. 1026, 18th Avenue and Greenway Water District and the final assessment roll on L.I.D. No. 1024, 47th Avenue and Modesto Water District: carried, Carmichael, Doty, Edmondson, _Hinman and Beauchamp voting aye on roll Call. Buchanan absent. *It was MOVED by Hinman, seconded by Beauchamp that Resolution. No. D-4223, a Resolution of Intention to Create a Local Improvement District for Moose_Lodge.Water, be passed: carried, Carmichael, Doty, EdmondSon, Hinman BeauChaup voting aye on roll call. Buchanan absent. RESOLUTION NO. D-4223, A RESOLUTION of Intention to Create a Local Improvement District. items of information supplied to Council were: AWC legislative bulletin No. 8, February 29, 1980; AWC memo. re 1980 ANC Annual Convention Housing. 2/26/80; article from Seattle Times re 1,000 police and firefighters are laid off. 3/2/80; memo from Director of Community Development re outside utility request from Frank Fitterer for sewer service for a single-family residence in the vicinity of No. 66th Avenue and Lincoln Avenue. 3/3/80; memo from Director of Community Development re outside utility request for sewer service for 26 lots in the vicinity Of SummitvieW and So. 85th Avenue. 2/29/80; memo from City Attorney re damage claims referred to insurance carrier. 3/4/80; monthly report from Yakima Air Terminal for January, 1980; minutes of February 26, 1980 Board of AdjuStNent Meeting; and agenda for March 11, 1980 Yakima Housing Authority meeting. It was MOVED by Beauchamp, seconded by Carmichael to move into Executive Session for the purpose of discussing collective bargaining and pending litigation and then immediately adjourn the meeting: carried, Beauchamp, Buchanan, Carmichael, Doty, Edmondson and Hinman voting aye by voice vote. Following the completion of the Executive Session, and there being no further business to come before the Council, the meeting was adjourned at the hour of 11:45 p.m. READ AND CERTIFIED ACCURATE ,t 4, AL, • - „?' ATE±LIZFO' mUNCI . j • ; i DATE 1 Fe) r SSUNCI ATTEST: - .4! - CITY ei.di RK ( MAYOR •