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HomeMy WebLinkAbout04/15/1980 Business Meeting APRIL 15, 1980 497 The City Council met in session on this date at 1:00 p.m. in the Conference Room of City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Lynn Carmichael, Bruce Crest, Shirley Doty and Don Hinman. Councilman Lynn Buchanan present after 1:10 p.m. Councilman Henry Beauchamp present after 1:20 p.m. Mayor Edmondson-stated that a committee of the Council was appointed to review the applicants to fill the vacancy on the Civil Service Commission. She: stated that information has been requested fran staff on the duties and authority of the Commission. She inquired if the entire Council wants to receive that report or schedule it for discussion at a-Study' Session. It was the general consensus of the • Council to get a memo in the Council packet and ask questions at the next study session meeting. Mayor that there are two vacancies on Boards on which Council members serve -- alternate for COG and alternate for the Health District Board. It was MOVED by Carmichael, seconded by Doty that Councilman Bruce Crest be appointed as alternate to the Health District Board and as alternate to COG: carried, Beauchamp, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. Beauchamp absent. Councilman Hinman stated that George Shuford is going off the Park Commission after serving eleven years, and suggested that a Proclamation of Appreciation be done. It was the general consensus of the Council that a Resolution of Appreciation be prepared recognizing service given by George Shuford. Councilman Hinman reported that near the YVT tracks on No. 5th Avenue between Lincoln and Yakima Avenues, there are big chunks of asphalt coming out. Willis hhite, Public Works Director, stated that staff is making repairs now. Council member botyi.: stated that after attending a workshop in Seattle, she is enthused about long range planning and suggested that Council think about that a little bit. Following discussion, it was the general consensus of the Council to'have update the existing long' range plans. Councilman Crest expressed concern about Cox Cable Company moving out to the East Valley and requested a report on their progress in the City to see if they are keeping to their time schedule. Carol Darby, Director of Carmunity Development, reported that they are on schedule and that they brought in extra crews to work in the County. Council members Carmichael and Hinman gave a on the National League of Cities Annual Conference in Washington D.C. Council member Carmichael stated she brought back printed materials and tapes and if anyone would like to listen to then, she will be putting the cassettes in the Council Office. Council members received a status report from the Fire Chief regarding the volunteer fire fighter recruitment program for the Air Terminal. Chief Carroll stated that the report does not contain a recommendation; its purpose is just to provide Council with costs and what that impact Might be. He stated that FAA runs response tests and that we perform those in just under two minutes. , It would take about three minutes to get volunteers to the station, and another two minute responsertime would have to' be added to that. He stated that when the fire fighters are away froM the airport on a structural response, often times flights are kept in the air until the crew is back at the station. Councilman Hinman questioned whether Chief Carroll supports the volunteer program. He stated that,aamost every where you turn there is a reason why the program won't work how it will work He stated that the volunteer program the City Manager outlined is one where the volunteers would man the airport station when the fire fighters are away from the Airport. - Council member Carmichael questioned if it wouldn't be cheaper to hire a full-time fire fighter for the Airport rather than train a volunteer. Ken Groth, Deputy Fire Chief, stated that his attitude for volunteers is negative. He stated do a job in the surrounding districts, but we have to have enough full-time crews because of the activities in the City. He does not feel the Airport is the place for volunteers. He stated the City has mutual aid agreements for when extra coverage is needed. Councilman Hinman questioned why the volunteer 498 APRIL 15, 1980 program should be continued if it is going to cost the City money and the community is not supportive of it. Councilman Crest stated that he' _ thought - the ground work on this should continued: Councilman Hinman stated -that' if a volunteer that comes fran outside the City is acceptable, he the volunteers the City has trained would_be more acceptable. Councilman Crest stated he would like to. see some examination on alternate stations using volunteers. It was the general consensus'of the to continue this item for one week. - 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, Carmichael, Crest, Doty and Hinman - and City Manager -Zais and City Attorney Andrews present - on roll call. The Invocation was given by Council member Doty. Mayor Edmondson referred to the items placed on the Consent Agenda, questioning Whether there were any additions or deletions.fran either Council members citizens present. Mayor Edmondson requested that It No. 9 be removed from the Consent Agenda. It was the general . consensus of the Council that the of Itan No. 9, as requested, be made. The City Clerk read the Consent Agenda - items, including Ordinances by title. It was MOVED by Beauchamp, seconded by Budzanan 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.) - Mayor . Edmondson corrected the minutes of the March 25, 1980 - meeting, stating on page 476 - the - appointment of Bonnie Phillips to the•Human Relations Canmission should also reflect that she appointed to the next term which expires 5/31/84, since the vacancy she would fil-1 would expire 5/31/80. It was MOVED by Crest, seconded by Doty that the minutes of the March 25,- 1980 meeting, as amended, having been duly certified accurate by two Council members and no one present wishing to have - said- minutes read publicly, be approved: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty,, Edmondson and Hinman voting aye by voice vote. This being the time fixed for the hearing on the final assessment roll for L.I•.D. No. 1024, 47th and Modesto Water District and no one being -'present wishing to speak to this matter, the public portion of the hearing was It was MOVED by Hinman, seconded by Beauchamp that Ordinance No. 2399, confirming the assessment roll, be passed: carried, Buchanan, Carmichael, Crest, Doty, Edmondson, Hinman and Beauchamp voting aye on roll call. ORDINANCE NO. 2399, AN ORDINANCE confirming the assessment rol1_covering Local. Improvement District No. 1024 as created and established by Ordinance No. 2278, as amended by Ordinance No. 2385 of the Ordinances of the City of Yakima. Mary Hersey; AFSCME Union Representative for the City employees, stated she was upset because she has expected to have an item on the study session agenda - today regarding the retroactive issue on the Phase IV Reclassification. She stated that she was apprised that she would have to get all materials to the City Manager before it to Council. She questioned where it is written that written material must be submitted to. the City Manager prior to submission to the Council. Mayor -Edmondson stated that it is-the general policy of the Council that any written material be presented to the City Manager to be duplicated for the Council - so that Council might have time to study the material prior to the Council meeting. Ms. Hersey stated that Council is aware of this issue. City Manager Zais stated that although Council is familiar with the issue, staff would like time to attempt to be prepared to answer questions that might arise at the meeting. Ms. Hersey requested that this item be put on the next study session agenda. Mayor Edmondson proclaimed the week April 20 -26 as Youth Temperance Education Week and Catholic Schools Week. APRIL 15, 1980 499 Larry Wittenberg, Assistant City Manager, explained the inter- governmental _cooperative purchasing agreement with Yakima County, stating that there are several items, i.e., tires, paper, that the City and the County can purchase jointly. He stated that one of the reasons Why it, has not been used more in the past is that there are differing bid limits. It was MOVED by Buchanan, seconded by Carmichael that Resolution No. D -4234 authorizing execution of an intergovernmental cooperative purchasing agreement with Yakima County, be passed: carried,_ Carmichael, Crest, Doty, Edmondson, Hinman, Beauchamp and Buchanan voting_aye on roll call. RESOLUTION NO. D -4234, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an "intergovernmental cooperative purchasing agreement" with the County of Yakima. Referring to the April 10, 1980 staff report on left turn channelization at Yakima Avenue and 9th Street, City Manager Zais stated that,thi.s,re- part i response to Mr. Roy's suggestion given at the 3/25/80 Council meeting. Denny Covell, City Engineer, explained the situation about the State control access in that area which limits the alternative for solving the problem involved in adding the turning lane. Council member Carmichael expressed concern that if the left hand turn lane is created, it will also increase the amount of traffic on 9th Street. She stated that 8th Street has a traffic signal and can better handle the traffic. Mr. Covell described the businesses that would lose their parking and distributed pictures that show what parking is available. Ted Roy, attorney, representing citizens in the area, stated that the curve is causing some, of the accidents there and.he does not see why the State will not permit straightening the curve. He stated that the citizens don't want to give up their parking. Councilman Crest stated he was in the area and expressed concern about the parking there because it seems to be. hazardous, particularly with one car he noticed. Les McNary, Director of the Yakima Center, stated he never sees any action taking place in that, business zone. Following further discussion, it was MOVED by. Beauchamp, seconded by Buchanan to not take any action on this particular proposal: carried, Doty, Hinman, Beauchamp, Buchanan and Carmichael voting aye on roll call. Crest and Edmondson voting nay. City_Manager Zais stated that the letter from Dick Anderwald, Yakima County, on _Fairview -Sumac Sewer Project status report is for Council information and doesn't require any action. City Manager Zais stated that Council requested a more detailed report on the authority of the City .on the Rattlesnake Creek Watershed - Cougar .Lake Wilderness Area. He stated that one of the items that came out was Oak Flats and that has bearing _on Council discussions with the State. He stated that if the City does anything with this, we want to protect and preserve the water rights. Larry Wright, Principal Planner, referred to a map showing the Rattlesnake Creek area. Mr. Wright expressed some concern he has with exchanging the Oak Flats property with the State. He also recommended maintaining the,right to dam up and develop it. It was MOVED by Hinman, seconded by Crest to accept the recommendation of staff and instruct than to proceed as outlined in their staff report: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. Willis White, Director Of Public Works, reviewed with Council the bid award of Phase_ II of the Wastewater Treatment Plant, stating that Schedule B was not awarded because of possible funding problems. Schedule A was awarded in March, 1980 and since that time we have been negotiating with the contractor and have also met with officials from DOE. He reported that there are three options to consider. The first option would be to award the bid for Schedule B to Peter Kiewit Sons Company, who was awarded Schedule A. The last day to award Schedule B without. increase of cost is April 18 and construction would be done according to schedule. This option would ease the ' contract administration. The negative aspect of this option is that DOE and EPA funding have not been approved and the City would be obligated until we receive some kind of guarantee. The second option would be to wait until October 1 to award the bid, which is the last`day we could order the equipment needed for Schedule B. 'We may or may not know about the funding from DOE. We would be talking about an additional cost of approximately $101,500. Option three would be to readvertise after 500 APRIL 15, 1980 funding has been approved. That bid amount would probably be $250,000 higher and contract administrative problems would exist. The canpletion date of the wastewater program would also be delayed. Norm Thanas, DOE, reported that since he was here last, the President has put a freeze on funding for this 201 program. He stated that DOE has no money to work with at this time. There has been a public outcry about this and EPA was then asked to create a critical list for 201 projects. The State was instrumental in developing this list and Yakima was placed as No. 1 priority in the State. If DOE is given any money, Yakima would be the first one to receive it. Councilman Beauchamp inquired if the City chose Option No. 1, would it jeopardize the funding. Mr. Thomas stated that the reimbursement option is open to the City. He stated that there is a rumour that the President has put $3.4 million in the 1981 budget for 201 projects and Washington State's allocation will be about $52 million. Mr. White stated that payment on the equipment purchased under Schedule B would become due in January, 1981. He stated that $50,000 to $100,000 costs would have to be paid before January, 1981. Mr. Thanas stated that the grant for Phase II is all encompassing and the money for Schedule A could be used for Schedule B. It was MOVED by Hinman, seconded by Carmichael that Resolution No. D -4235, authorizing the application for a grant increase for the Yakima Wastewater Project, be passed: carried, Doty, Edmondson, Hinman, Beauchamp, Buchanan, Carmichael and Crest voting aye on roll call. RESOLUTION NO. D -4235, A RESOLUTION authorizing the application by the City of Yakima for a grant increase for the Yakima Wastewater Project. It was MOVED by Hinman, seconded by Beauchamp to award the bid on Schedule B, Contract No. 5 of the Wastewater Project using Option No. 1, to Peter Kiewit Sons Company and instruct staff to prepare the proper legislation by April 18: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. City Manager Zais stated that Council needs to authorize the City Manager to execute the contract. It was MOVED by Hinman, seconded by Beauchamp to have the City Manager award the bid on Schedule B, Contract No. 5, to Peter Kiewit Sons Company by April 18: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye by voice vote. It was MOVED by Beauchamp, seconded by Buchanan that the report of the Director of Canmunity Development dated 4/15/80 with respect to the canpletion of the work on the South 83rd Avenue trunk sewer, performed by Low's Crane and Excavating, be approved, the work be accepted and payment of the final estimates as therein set forth is hereby authorized: carried, Beauchamp,, Buchanan, Carmichael, Crest, Doty, Edmondson, and Hinman voting aye on roll call. It was MOVED by Beauchamp, seconded by Buchanan that the report of the Director of Community Development dated 4/15/80 with respect to the 16th and Summitview Signalization Contract, performed by Knobel Electric, be approved, the work be accepted and payment of the final estimates as therein set forth, is hereby authorized: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. It was MOVED by Beauchamp, seconded by Buchanan that the report of the Director of Community Development dated 4/15/80 with respect to the Pavilion Parking Lot Landscaping Contract performed by Graham Landscaping, be approved, the work be accepted and payment of the final estimates as therein set forth is hereby authorized: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll. It was MOVED by Beauchamp, seconded by Buchanan that the report of the Director of Community Development dated 4/15/80 with respect to the 47th Avenue and Modesto Paving L.I.D. No. 1025, 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, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. It was MOVED by Beauchamp, seconded by Buchanan that the out -of -state travel request for Richard H. Clark, Police Department, to attend the 30th Annual Western State Crime Seminar in Sitka Alaska, 5/4 -5/9, 1980, at a cost of $400.71, be approved: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. 0 I APRIL 15, 1980 It was MOVED by Beauchamp, seconded by Buchanan that Ordinance No. 2400, amending the Municipal Code relating to compensation for Police court appearances and regulating .overtime pay, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. - ORDINANCE NO. 2400, AN ORDINANCE relating to City government personnel; providing for regulating overtime pay to certain City employees, and amending Subsection 2.40.100 A in the City of Yakima Municipal Code. It was MOVED by Beauchamp, seconded by Buchanan that Ordinance No. 2401, repealing Chapter 11.36 of the Municipal Code, "liquified petrbleum gases" be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. ORDINANCE NO.. 2401, AN ORDINANCE relating to building code; repealing Chapter 11.36, "liquified petroleum gases" and Sections 11.36.010, 11.36.020 and 11.36.030, all of the City of Yakima Municipal Code. An Ordinance amending the 1980 budget, appropriating and transferring money within and among various funds for various purposes, having been read by title only at this meeting, was laid on the table for one week or until Tuesday, April 22, 1980. It was MOVED .by Beauchamp, seconded by Hinman that Ordinance No. 2402, creating a Downtown Area Redevelopment Committee and designating its membership, duties and functions, be passed. _ Councilman Hinman expressed concern that a member's term may be terminated by a simple Majority vote. of the Council. He stated that he would like to see a two thirds vote necessary. Mayor Edmondson questioned why the three year term was selected, stating that it probably should have been four years to keep it more consistent with the other new commissions. City Attorney Andrews pointed out that there really isn't any certain term of office because these people serve at the discretion of Council because they can be asked to resign at any time. A three year limitation is given to bring this appointment to the attention of the Council. It was MOVED by Hinman, seconded by Beauchamp to table this and direct the City Attorney to come back with two proposed amendments "7, requiring two thirds vote. of total Council for termination and a four year term instead of three years. City Attorney Andrews stated that Council can .make a floor amendment to the Ordinance and change it. It was MOVED by Hinman to amend the Ordinance to reflect two thirds majority vote of the entire Council is necessary before a member can be terminated by Council and another change would be to change it to serving a period of no longer than four years. The motion died for lack of a second. Following discussion, it was MOVED by Hinman, seconded by Beauchay to amend the ordinance to reflect that a two thirds majority vote of the entire Council is necessary before a rhenber, can be terminated by the Council and another change would be to change it to a period of serving no longer than four years for a term of office: Beauchamp, Edmondson and Hinman voting aye by voice vote. Buchanan, .Carmichael, Crest and Doty voting nay. The motion failed for lack of a majority vote. It was MOVED by Hinman, seconded by Beauchamp to amend the ordinance to require a vote of two thirds majority vote of the entire Council to terminate a member on the board: carried, Beauchamp, Crest, Doty and Hinman voting aye by. vbice vote. Buchanan, Carmichael and Edmondson voting nay. The question was called for the vote on the motion, as amended: carried, Edmondson, Hinman, Beauchamp, Buchanan, Carmichael,. Crest and Doty voting aye on roll call. ORDINANCE NO. 2402, AN ORDINANCE relating to City government administration; creating a Downtown Area Redevelopment Committee and designating its membership, duties and functions; and enacting Chapter 1..37, "Downtown Area Redevelopment Committee", as a. new Chapter, to consist of new Sections 1.37.010, 1.37.020, 1.37.030 and 1.37.040, all of the City of Yakima Municipal Code. City Manager Zais.questioned if staff can assume that there are no other changes Council: Would like to make in other boards and commissions. It was the general consensus of the Council to discuss this at a study session some time in the next month or two. - APRIL 15, 1980 It was MOVED by Buchanan, seconded by Beauchamp that Ordinance No. 2403, prohibiting the deposit of certain wastes into the public sewers, be passed. Councilman Hinman expressed concern about the citizen who suffers a loss because of what another person has flushed into the sewer system, plugging the line. City Attorney Andrews explained the legal aspects behind this Ordinance. The City could use this as a defense for claims for damages incurred by a sewer backup as a result of certain wastes being deposited in the sewer. The penalty for anyone Who continues to violate this is $250 for each violation. Councilman Beauchamp expressed concern about the citizen who has to pay for his damages When he had nothing to do with the vandalism of the sewer line. The question was called for the vote on the motion: carried, Buchanan, Carmichael, Crest, Doty and Edmondson voting on roll call. Beauchamp and Hinman voting nay. ORDINANCE NO. 2403, AN ORDINANCE relating to public services and II/ utilities; regulating the use of public sewers, drains and ditches; prohibiting the deposit of certain wastes therein; and amending Subsection 7.62.050 C of the City of Yakima Municipal Code. It was MOVED by Carmichael, seconded by Crest that Ordinance No. 2404, making vandalism of the sewer system illegal, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. ORDINANCE NO. 2404, AN ORDINANCE relating to public services and utilities; making vandalism of the sewer system illegal, and amending Seaton 7.62.060 of the City of Yakima Municipal Code. It was MOVED by Hinman, seconded by crest that Ordinance No. 2405, adapting safety standards for refuse bins, be passed: carried, Buchanan, Carmichael, Crest, Doty, Edmondson, Hinman and Beaudhcimp voting aye on roll call. ORDINANCE NO. 2405, AN ORDINANCE relating to health and sanitation; adopting safety standards for refuse bins; amending Subsection 4.16.170(k) and enacting Section 4.16.075 as a new section of the City of Yakima Municipal Code. Council member Carmichael reported on the proposed Council retreat. She stated that Don Swartz is President of Effective Resource Group in Tacoma. She stated that he felt he should be able to meet with the group once and then the group could carry on by themselves. She stated that he has one day open this month and then is unavailable until July. She stated that that date was Wednesday, April 30 and his fee is $500 plus expenses for one day. Council members discussed this issue, pondering the advisability of using a facilitator and also if staff should be included. Following discussion, it was the general consensus of the Council to obtain additional information on Mr. Swartz 's concept of this meeting and any alternate approaches he may offer. Items of information supplied to Council were: Letter from Terrace Heights Sewer District re Yakima Wastewater Allocation Plan. 4/7/80; letter to Charles Royer, Mayor of the City of Seattle re request for information on Seattle's Affirmative Action Practices. 4/7/80; article from Business Week (4/7/80) re "For Local Government, the Recession is II/ Here"; memo from United States Conference of Mayors Federal-City Reporter re FY '81 budget. 4/4/80; notice of workshop re Involving the Public: Strategies for Citizen Participation, to be held April 18, 1980; notice of workshop re: Equal Employment Opportunity and Affirmative Action, to be held June 3, 1980; memo from Director of Parks & Recreation re Urban Parks & Recreation Recovery Act. 4/4/80; Council calendar of activities for April-May, 1980; news release re Effective April 7, 1980 some signals will be placed in the flashing mode between the hours of 2:00 a.m. and 6:00 a.m.; agenda for April 8, 1980 Parks & Recreation Commission meeting and copy of minutes of their March 4, 1980 meeting; minutes of March 18, 1980 Airport Advisory Cammission meeting; monthly report from the Yakima Air Terminal for February 1980; monthly report from the Code Administration Office for March 1980; emergency activity report from the Yakima Fire Department for the month of March 1980; memo to Director of Public Works re asphalt repair overview. 4/9/80; and memo from Association of Washington Cities re nominations and resolutions committeeApril 14 deadline. 4/8/80. S03 APRIL 15, 1980 It was MOVED by Doty, seconded by Buchanan to move into Executive Session for the purpose of discussing prospective litigation and disposition of property and then immediately adjourn the fleeting to then meet on Thursday, April 17th at 7:00 p.m. at Robertson School: carried, Beauchanip, Buchanan, Carmichael, Crest, Doty, Edrrondson and Hinman voting aye by voice vote. Upon completion of the Executive Session, and there being no further business to cone before the Council, the a i — ting was adjourned at the hour of 6:50 p.m. 1r 91' 411 READ AND CERTIFIED ACCURATE BY !_„ / ‘A,r,/ (AA., , I DATE 6-- 20 - b • a. - .1 4 - Nal e_.111 , 0 DATE SUN - IPIAN AITEST: /4 • Atify /22/ CITY • (MAYOR