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
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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
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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.
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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.
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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
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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
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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.
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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.
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