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HomeMy WebLinkAbout04/23/1979 Business Meeting 246 APRIL 23, 1979 The City Council met in session on this date at 1:30 P.M., in the Coun- cil Chambers of City Hall, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Lynn Buchanan, Don Hinman, Nadine Lee, and Gordon Wonder.: Council members Henry Beauchamp and Jack Sparling absent and excused. Councilman Wonder gave a brief report on the Larson Garage Council Committee meeting with the architects at which they discussed plans and cost alternatives. Since DARC has expressed an interest in what happens to the Larson Garage, the Council committee felt they should meet with them. Council members discussed the vacancy on the Planning Commission and it was MOVED by Hinman, seconded by Lee to appoint Patricia Powers to fill the unexpired term of Edna Woitt: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by' voice vote. Beauchamp and Sparling absent. Councilman Hinman expressed a desire to have staff take him on a tour of the Southeast area involved in the down zone request by citizens living in that area. It was the general consensus of the Council to take a- _ tour of that area during a Study Session, prior to that item coming before the Council. It was MOVED by Hinman, seconded by Lee to go into Executive Session for' the purpose of discussing pending litigation: carried, Buchanan, Edmond- son, Hinman, Lee and Wonder voting aye by voice vote. 'Beauchamp and Sparling absent. Council members again discussed the position the Community Relations Officer, continued from the April 16, 1979, Council meeting. Following discussion on who the CRO should report to for daily supervision, Mayor Edmondson suggested that a committee of the Council should get together with some of the members of the Human Relations Commission. Councilman Wonder objected to the formation 'of a Council committee, stating that all Council members should receiye the same input from the Human Rela- tions Commission. Council member Lee stated that it is not mandated that the Council follow the recommendation given by the committee of the Council. It was the majority consensus of the Council that a Council committee consisting of Council members Lee, Buchanan, and Hinman meet with Human Relation Commissioners Gonzales and Falk, and the City Mana- ger and come back to the Council with different options and approaches for the Council. At 3:00 P.M. the Council members commenced the regular meeting, Mayor Edmondson presiding, Council members Buchanan, Hinman, Lee, and Wonder, and City Manager Zais and City Attorney Andrews present on roll call. Beauchamp and Sparling absent. It was MOVED by Wonder, seconded by Buchanan, that Council members Beauchamp and Sparling be excused from this meeting: carried, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Beauchamp and Sparling absent. The Invocation was given by Council member Lee. Mayor Edmondson reported that the Chair was in error in declaring the appointment of a Council committee to meet with staff and Human Rela- tions Commission representatives, as a majority consensus. Councilman Wonder stated his opposition to a committee of the Council working on this problem about CRO. He stated that it is not a research problem but a policy question. Following discussion, Mayor Edmondson inquired if Council would like staff to set up a meeting with the Human Relations Commission to discuss the various concerns regarding the CRO. Council- man Wonder suggested that Council think about it until the end of the meeting. 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. 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, Edmondson, Hinman, Lee, Wonder and Buchanan voting aye on roll call. Beauchamp and Sparling absent. (Subsequent APRIL 23, 1979 24,7 paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda to be handled under one motion without further discussion.) Mayor Edmondson proclaimed Sunday, April 29, as Diabetes Bike -o -thon Day. She stated there will be an 11 mile Bike -o -thon and the funds will be used to support diabetes research. _ . , f' .1 "i ' . _.t.;v 1'. ,'. +, V J _ -•d T : :'1 *It was MOVED by Wonder, seconded by Lee that the minutes of the April 16, 1979, meeting, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly, be approved: carried, Edmondson, Hinman, Lee, Wonder and Buchanan voting aye on roll call. Beauchamp and Sparling absent. This being the time fixed for a hearing on Resolution No. D -4060, stat- ing intention to create a local improvement district for paving streets in the Tancara Subdivision, Councilman Wonder inquired if South 56th Avenue would be improved to arterial street standards. Larry Wright, Principal Planner, stated that it would be improved to arterial street standards through the development. There being no citizens present wishing to speak to this matter, it was MOVED by Wonder, seconded by Buchanan that Ordinance No. 2288, creating L.I.D. No. 1027, Tancara Street Improvement District, be passed: Hinman, Lee, Wonder, Buchanan and Edmondson voting aye on roll call. Beauchamp and Sparling absent. ORDINANCE NO. 2288, AN ORDINANCE providing for the improvement of cer- tain streets by grading, ballasting, surfacing with asphaltic concrete and constructing concrete curbs and gutters, together with necessary drainage features; establishing a local improvement district, providing for the method of payment thereof, and creating a special fund. This being the time fixed for the hearing on Resolution No. D -4061, stating intention to create a local improvement district for sewers in the Tancara Subdivision, Councilman Wonder inquired about storm drainage provision. Larry Wright,: -rl'rincpal ,Planner,: ,stated, that, . As an- agreement between the developers and Congdon Orchards, providing for storm drainage for the subdivision. Glenn Rice, Mayer Corporation, stated that they had been working with a private company on development of the sewer and would like to withdraw the sewer request and do that project privately. It was the general consensus of the Council the L.I.D. not be formed at `the request of the developer to withdraw their petition to form a sewer L.I.D. for the Tancara Subdivision. This being the time fixed for the hearing on Petition No. 939, filed by Gordon Wonder, requesting annexation of property on the north side of Englewood, between 44th and 45th Avenues, Councilman Wonder requested to be excused from participating in this discussion. Jan Amundson, 702 North 44th Avenue, spoke against the annexation, questioning the ingress and egress from the property. (Councilman Beauchamp present after 3:50 P.M.) Larry Wright, Principal Planner, reported that the major ingress and egress will be on Englewood. There are only four units that will be served by 44th Avenue. The majority of the development was done under County requirements. Gordon Wonder, developer, spoke in support of the annexation, stating it will bring tax dollars into the City coffers, will help the developers and will not harm Mrs. Amundson. It was MOVED by Hinman, seconded by Buchanan, that Ordinance No. 2289, annexing said property, be passed: carried, Lee, Beauchamp, Buchanan, Edmondson and Hinman voting aye on roll call. Sparling absent. Wonder not voting due to conflict of interest. ORDINANCE NO. 2289, AN ORDINANCE annexing property to the City of Yakima, and zoning said prop.erty.,.17:: • -- ? :191 9) c 1 D , r. , 7 This being the time fixed for the hearing on the rezone application filed by Ed Blanchard, Albert Gamet, Leo Gagnon, Mary Wear and Amy Blow for property located at 5, 7, 8, 9, 10 and 12 North llth Avenue, Council members discussed the Planning Commission recommendation to only rezone the east side of the street. Fred Andrews, City Attorney, clarified that the proposed ordinance would rezone Lots 12, 13 and 14 located on the east side of llth Avenue. It was MOVED by Wonder, seconded by Beauchamp that Ordinance No. 2290, rezoning said property, be passed: carried, Wonder, Beauchamp, Buchanan, Edmondson, Hinman and Lee voting aye on roll call. Sparling absent. 248 APRIL 23, 1979 ORDINANCE NO. 2290, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property in the vicinity of 8 North llth Avenue in the City of Yakima, Washington, from R -3, Multiple Family Zone, to B -1, Modified Business Zone. *It was MOVED by Wonder, seconded by Lee that the report of the Director of Community Development dated April 3, 1979, with respect to comple- tion of the work on Airport Industrial Park L.I.D. No. 1019 A and 1019 B, 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, Edmondson, Hinman, Lee, Wonder and Buchanan voting aye on roll call. Beauchamp and Sparling absent. *It was MOVED by Wonder, seconded by Lee that Resolution No. D -4071, authorizing execution and submittal of a Project Prospectus for Signali- zation of 6th Avenue and "B" Street, be passed: carried, Edmondson, Hinman, Lee, Wonder and Buchanan voting aye on roll call. Beauchamp and Sparling absent. RESOLUTION NO. D -4071, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute and submit a Plan and Prospectus for the installation of a traffic signal. Preston Shepherd, Preston Shepherd and Associates, reported that upon Council's request a public information meeting was held on the Nob Hill Boulevard Study and then the matter was presented to the Planning Com- mission. He reported that the turn -out at the public information meet- ing was excellent and the reception was good. The Planning Commission recommends that Council adopt the 80 foot right -of -way that has been recommended in the Study. Councilman Wonder questioned the posture that the YVT tracks have to remain on the streets forever. City Attorney Andrews reported that the portion of Nob Hill Boulevard on which these tracks run is not a City or a public right -of -way, but property owned by YVT. Councilman Wonder questioned why this franchise did not go to a vote of the people. City Attorney Andrews stated that the City Council has the authority to determine whether or not a franchise should be granted to an electrically powered railroad. Councilman Wonder sug- gested some long range planning, and maybe consider not renewing the franchise in 1983. City Attorney Andrews reported that according to federal regulations there has to be a hearing held before YVT can dis- continue service. Council members discussed the funding for this pro- ject. Larry Wright, Principal Planner, stated that staff would like the engineering drawings before researching funding, in order to have flexi- bility for alternative funding. It was MOVED by Wonder, seconded by Buchanan that the City Council accept the recommendation of the Planning Commission and the staff and approve the report submitted by Preston Shepherd and Associates dated October, 1978, the Nob Hill Boulevard Plan, and Council instruct staff to develop necessary engineering de- signs as the basis for, and proceed with actual right -of -way acquisition as funds become available; initial efforts should be concentrated on Nob Hill Boulevard, between 24th and 40th Avenues: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Sparling Absent. • Council gave consideration to the policy issue regarding interest rates on reimbursable agreements. Councilman Wonder questioned if the admin- istrative fee should be the same for an L.I.D. and a reimbursable con- tract. Under an L.I.D. the City retains one -half of a percent to cover adminstrative costs, and under a reimbursable agreement, the City will retain $50.00 to cover administrative costs. Mayor Edmondson questioned if the City would get a better cost recovery with the $50.00 fee. Larry Wright, Principal Planner, stated that it would be unusual to get a $50.00 fee for an L.I.D. It was MOVED by Hinman, seconded by Buchanan that the reimbursable agreement incorporate the current L.I.D. rates as determined by the City Finance Officer: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Sparling absent. It was the general consensus of the Council to continue the discussion regarding administrative fees for L.I.D. and reimbursable contracts until further information is. obtained. 49 APRIL 23, 1979 In discussing a concession agreement with Yakima Little League Associ- ation, Dick Hilligus, Director of Parks and Recreation, stated that in the first paragraph a correction needs to be made changing the construc- tion of the concession stand to the future tense. Mayor Edmondson expressed concern that the funds can only be applied to the capital improvement to Elks Park Baseball /Soccer Complex, stating that if there are no capital improvements needed, the funds should be able to go for capital improvements at other parks. Fred Andrews, City Attorney, stated that that restriction can always be changed in the future by mutual agreement. It was MOVED by Buchanan, seconded by Wonder that Resolution No. D -4072, authorizing the execution of a concession agree- ment with the Yakima Little League Association, be passed: carried, Buchanan, Edmondson, Hinman, Lee, Wonder and Beauchamp voting aye on roll call. Sparling absent. RESOLUTION NO. D -4072, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a concession agreement with Yakima Little League Association. Council discussed the Kiwanis Park -Slow Pitch Association request for FRS funds. City Attorney Andrews stated his concern that this proposal sounds like the one for lighting of Larson Park, with which there was a problem with administration of the contract. The specifications for lighting should be drawn and bid laws should be followed. Discussion followed and it was MOVED by Lee, seconded by Hinman to take the $55,000 out of FRS monies this year for this kind of contract that will be paid back: carried, Edmondson, Hinman, Lee, Wonder, Beauchamp and Buchanan voting aye on roll call. Sparling absent. It was MOVED by Hinman, seconded by Wonder that Resolution No. D -4073, authorizing execution of a sublease agreement for property at the Yakima Air Terminal, be passed: carried, Hinman, Lee, Wonder, Beauchamp, Buchanan and Edmondson voting aye on roll call. Sparling absent. RESOLUTION NO. D -4073, A RESOLUTION consenting to the sublease by Ralph Richardson and Virginia S. Richardson, husband and wife, of property at the Yakima Air Terminal. Dennis Bertek, Sanitary Supervising Engineer, reviewed the facts in- volved supporting the request for Change Order No. 6 of the R. W. Beck contract for the Wastewater Facilities Project. The funding for the project had been delayed for one year. He reported that Phase I and Phase II will not overlap and therefore an additional Inspector on the site will be required during construction. He reported that the en- gineering plans for Phase II have been completed three months ago and are now in the process of being approved by DOE and EPA. Alan Bushley, R. W. Beck and Associates, stated that the funding was not available until February, and even if the plans had been submitted earlier, fund- ing would have been delayed a year by the funding agencies. Willis White, Public Works Director, reported that the Change Order will in- crease the amount of man months for inspection on the site from 18 to 24 man months. It also includes a 10% increase to cover inflation. Mr. Bushley stated that this is a cost - reimbursement agreement. The City only pays for what the actual costs are. Mr. Bertek reviewed the cost figures involved and the proposed alternatives as follows: 1. Change Order, as proposed by R. W. Beck and Associates; 2. Original Contract $245,000 Change Order Increase 283,800 (Includes 10% inflation) Total $528,8`00 250 APRIL 23. 1979 2. Change Order, revised to include additional manpower and allowing 7% inflation applied only to requested addition. Original Contract $245,000 Change Order Increase 230,900 7% Inflation on Increase 16,163 --- Total $492,063 3. Change Order No. 6, revised to exclude any inflation to additional services required: r r' ,0 Original Contract $245,000 II/ Change Order Increase 283, 00 Delete 10% Inflation -52,800 Total $475,900 4. Deny the proposed Change Order Council discussed these alternatives, expressing concern about the inflation factor. Mr. White recommended approving the Change Order proposal which includes the additional inspection work and 7% inflation factor on the increased costs. Mr. Bushley stated that it is a cost reimbursement contract and we should be paid for our actual costs. Following additional discussion, it was MOVED by Beauchamp, seconded by Buchanan to approve the staff recommendation of proposal No. 2, pro- viding this approval is not a blank check to spend it all and have staff monitor the spending. Councilman Wonder stated that he felt this motion should be tabled until the whole Council is present to vote on it. Councilman Hinman stated he would like to see more background in- formation to justify the increase. It was MOVED by Wonder, seconded by Hinman to table the Motion: Hinman and Wonder voting aye by voice vote. Beauchamp, Buchanan, Edmondson, and Lee voting nay. Sparling absent. The Motion failed for lack of a majority vote. The question was called for the vote on the original Motion: Beauchamp; Edmondson and 'Buchanan voting aye on roll call. Hinman, Lee and Wonder voting nay. Sparling absent. The Motion failed for lack of a majority vote. It was MOVED by Hinman, seconded by Wonder to continue this until staff can bring back information on complete background of cost figures for the $230,900: carried, Beauchamp, Buchanan, Edmondson, Lee and Wonder voting aye by voice vote. Sparling absent. *It was MOVED by Wonder, seconded by Lee that Ordinance No. 2291, re- lating to the membership of the Human Relations Commission, be passed: carried, Edmondson, Hinman, Lee, Wonder and Buchanan voting aye on roll call. Beauchamp and Sparling absent. ORDINANCE NO.. 2291, AN ORDINANCE relating to City government administra- tion; abolishing the Human Relations Commission and recreating the Human Relations Commission and specifying the number of members and their terms of office; providing for the reorganization of the Human Relations Commission and specifying the frequency of meetings; amending Section 1.30.010 and Subsections 1.30.020(a), 1.30.030(a), and 1.30.303(b) of the City of Yakima Municipal Code. *It was MOVED by Wonder, seconded by Lee that Ordinance No. 2292, amend- ing the City Code regarding the City Council meeting schedule, be pas- sed: carried, Edmondson, Hinman, Lee, Wonder and Buchanan voting aye on roll call. Beauchamp and Sparling absent. ORDINANCE NO. 2292, AN ORDINANCE relating to City government administra- tion; designating the time and place of meetings of the Yakima City Council; and amending Section 1.06.010 of the City of Yakima Municipal Code. APRIL 23, 1979 251 It was MOVED by Lee, seconded by Beauchamp to have a committee of three members of the Council meet with some members of the Human Relations Commission to work out concerns regarding the Community Relations Of- ficer: Beauchamp, Hinman and Lee voting aye on roll call. Buchanan, Edmondson and Wonder voting nay. Sperling absent. The Motion failed for lack of a majority vote. Items of information supplied -Co Council were: memo from Director of Public Works re potential cost increase for engineering services from Preston Shepherd for sewer interceptor construction, 4/20/79; memo from Vi. Kellman, Department of Emergency Services, re emergency warning plans for an emergency at a fixed nuclear site, 4/6/79; report from Judith Boekholder, re AWC Spring Board meeting on April 6, 1979, 4/13/79; AWC Legislative Bulletin No. 14, 4/13/79; minutes of April 11, 1979, Yakima Center Advisory Commission meeting; and report from City Attorney re legality of changing the number of members on the City Council, 4/17/79. There being no further business to come before the City Council, it was MOVED by Wonder, seconded by Buchanan that this meeting be adjourned at the hour of 6:30 P.M.: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice ote. Sp/ling ab ent. READ AND CERTIFIED ACCURATE BY , I ( ODATE ______ 7 ou ‘, DATE77717,,c COUNCILMAN ATTEST: ' A. or • • " elf CITY CL MAYOR