HomeMy WebLinkAbout10/24/1977 Business Meeting 616
OCTOBER 24, 1977
The City Council met in session on this date at 1:30 P.M. in the Conference
Room at City Hall, Yakima, Washington. Council members present were Mayor
Betty L. Edmondson, Jean Allard, Ralph Holbrook, W.K. "Pete" Moore, Bill
Simmons and Nadine Walker. Councilman Wonder absent.
Mayor Edmondson announced that an invitation for all Council members has been
received, inviting all to attend the installation of officers of the Marine
Reserve Unit on Friday, October 28, 1977, at 7:00 P.M., at 16th Avenue and
Tahoma.
Mayor Edmondson also announced that on October 25, 1977, at 7:00 A.M., there
is a BAG (Bring a Group) Breakfast at the Thunderbird, honoring the Great
Communicators.
Mayor Edmondson reported that a letter had been received from Bob Anderson,
Co- Director, Washington Citizens Against 348, asking for support from the City
to defeat Initiative 348, the 2G Gas Tax Variable. After discussion it was
MOVED by Moore, seconded by Walker to have a Local Government Day to defeat
Initiative 348: carried, Edmondson, Holbrook, Moore, Simmons and Walker
voting aye by voice vote. Allard not voting. Wonder absent.
Council members discussed the letter from Ray Pittman regarding his request
for City support for the 1978 American Legion World Series, by providing
personnel to aid in the maintenance program of the ball field. It was the
general consensus of the Council to refer this matter to staff to check on the
legal aspects, as it is believed that part of the ball field is owned by
Yakima Valley College, and also to get recommendations from staff. It was
•also stated that Council would) like this information in two or three weeks.
Mayor Edmondson requested the support of the Council to approve the Department
of Emergency Services Preliminary Budget. It was the general consensus of the
Council that the budget is in order and to return the form indicating approval.
Councilman Moore reported on House Bill 346, Social Security Act, stating that
the only way a City would be able to avoid the mandatory compliance is through
the Fisher Amendment, and recommended that the State Legislature be contacted
to voice our opposition to that House Bill. Councilman Wonder present at 1:50
P.M. Councilman Moore suggested that a mail -o -gram be sent today supporting
the Fisher Amendment, as the Legislature would be taking action on that bill
Wednesday, October 26, 1977. Councilman Moore explained the Fisher Amendment.
It was the general consensus of the Council to send a mail -o -gram to the State
Legislature stating that the City Council of the City of Yakima is in support
of the Fisher Amendment.
Council members discussed the Community Relations Officer's report dated
October 18, 1977. Hope Gomez, Community Relations Officer, stated that this
report is only part of an information packet which would be available in the
near future. It was MOVED by Simmons, seconded by Holbrook that after Council
has received the full report of the Community Relations Officer, that a special
study session be scheduled to review the report and clear up any misunderstandings:
carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting
aye by voice vote.
City Manger Eastman and Assistant City Manager Zais explained the proposed
Equipment Rental and Replacement Fund Ordinance. As the Police, Fire and
Parks Department do not have a budget for replacing their equipment, City
Manager Eastman recommended that $200,000 from FRS Funds be allocated for the
replacement schedule for Police, Fire and Parks Departments for 1977. It was
the general consensus of the Council that the report be approved. City Manager
Eastman stated that the ordinance will be presented at the next council meeting.
In discussing,., the proposed Municipal Fire Alarm Service Ordinance, Councilman
Allard inquired about the receptionrof the proposed ordinance in the community.
Fire Chief Ed Carroll stated that the community received it well, and that the
insurance impact helped its reception too It was the general consensus of
the Council that this matter be put on the next Council agenda and a date of
hearing be set on the proposed ordinance.
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OCTOBER 24, 1977
At 3:00 P.M., the Council members moved into the Council Chambers for the
balance of the meeting, Mayor Edmondson presiding, Council members Allard,
Holbrook, Moore, Simmons, Walker and Wonder, City Manager Eastman and City
Attorney Andrews present on roll call.
The Invocation was given by Councilman Allard.
Mayor Edmondson referred to the items place on the Consent Agenda, questioning
whether there were any additions or deletions from either Council member or
citizen present. Councilman Allard requested that Item No. 17 be added to the
Consent Agenda. It was the general consensus of the Council that Item No. 17,
as requested, be added to the Consent Agenda. The City Attorney then read the
Consent Agenda, including resolutions and ordinances, by title. It was MOVED
by Moore, seconded by Walker that the Consent Agenda, as read, be passed:
carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting
aye on roll call. (Subsequent paragraphs preceded by an asterisk ( *) indicate
items on the Consent Agenda to be handled under one motion without further
discussion.)
*It was MOVED by Moore, seconded by Walker that the minutes for the previous
meeting, having been duly certified accurate by two Councilmen and no one
present wishing to have said minutes read publicly, be approved: carried,
Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on
roll call.
This being the time fixed for the hearing on the Resolution of Intention No.
D -3782 to create Local Improvement District No. 1014, 1977 Domestic Water
District, Councilman Allard questioned if this district was within the City
limits. Willis White, Director of Public Works, stated that 24 residents are
in and 49 are out of the City limits. He also stated that those in the County
would have to sign an Outside Utility Agreement when they hook up. Terrence
Sawyer, Attorney, representing Frank H. Grove, 1910 Willow Street, submitted a
statement of opposition to the creation of this Local Improvement District.
Mr. Sawyer stated that the petition circulated is invalid because it does not
include the method of funding. City Attorney Andrews stated that for the
benefit of all present, a resident has 30 days in which to present a written
protest to the formation of this Local Improvement District. Mr. Andrews
stated that this L.I.D. was not created on the basis of petitions received,
but rather one that is authorized by being a Resolution of Intention of the
City Council. Those speaking against the creation of the L.I.D. were William
Reese, owner of property on North 20th Avenue, stating that he believes he was
overcharged on one parcel; and Mrs. Glenn Strader, 608 North 20th Avenue.
Those speaking in favor of the L.I.D. were Lola Reynolds, 1801 Willow and
Emile Robert, 612 North 20th Avenue, inquiring about procedures to take if
this L.I.D. was not created. Mayor Edmondson stated that staff would then
review it to see if a district could be formed for those in favor of the
L.I.D. Vince Beaulaurier, attorney, representing Euclid Gamache, who owns
property by the Country Store Shopping Center, requested that the district be
extended to include.: an additional 480 lineal feet. He stated that Mr. Gamache
is the only property owner involved and he is willing to bear the expense of
the additional assessment. Bill Huibregtse, Consulting Engineer with R.R.
Jump, stated that Mr. Gamache was informed of the amount of the additional
preliminary assessment, which would make his total preliminary assessment
$32,190.73. Euclid Gamache stated that he accepts the figures given in the
preliminary assessment and wants the additional water mains installed. It was
MOVED by Simmons, seconded by Holbrook that Council approve the extension of
the water mains as stated and the costs for the Euclid Gamache properties, as
outlined in the L.I.D.: carried, Allard, Edmondson, Holbrook, Moore, Simmons,
Walker and Wonder voting aye by voice vote. Councilman Allard inquired if
there were some health reasons involved for establishing this L.I.D. Don
Wenzel, dffice Engineer, stated that that was the main reason for the inquiries
from the property owners - shallow wells, and they needed a better water
system. Henry Robinson, 1912 South 9th Avenue inquired if the preliminary
assessment given covered the cost of the hook up. Mr. White stated that it
does not cover the cost of hook up. It was MOVED by Moore, seconded by Walker
that Ordinance No. 2117, creating Local Improvement District No. 1014, 1977
Domestic Water District, be passed: carried, Allard, Edmondson, Holbrook,
Moore, Simmons, Walker and Wonder voting aye on roll call.
618
OCTOBER 24, 1977
ORDINANCE NO. 2117, AN ORDINANCE providing for the improvement of certain
property by constructing the necessary mains, fire hydrants, valves and
otherappurtenances for the purpose of supplying water for domestic use in fire
protection; establishing a Local Improvement District, providing for the
method thereof, and creating a special fund.
This being the time fixed for the hearing on the rezone request filed by
Pickens /Glascam, for property located at 60th Avenue and Barge, Mayor Edmondson
read a letter received from Allen Smyser stating that he is opposed to the
rezone as requested by Pickens /Glascam until the L.I.D. for improvements on
60th Avenue to Barge Street is settled. Ronald Whitaker, Attorney, representing
Glascam Builders, stated that the Planning Commission had approved the plans
in their October meeting. He also stated that there would be 24 units on
approximately 3.2 acres and that screen plantings would be provided on the
south, west and north boundaries. Mr. Whitaker stated that Glascam Builders
would be willing to pay for one half the expense of paving 60th Avenue and
also half the expense for the sidewalks, in addition to joining in the proposed
L.I.D. Mr. Whitaker stated that the builder wished to begin this project as
soon as possible to avoid dust problems if they had to wait until spring to
begin. Asked about subcontractors, Mr. Whitaker stated that Glascam Builders
would build it themselves. It was MOVED by Wonder, seconded by Simmons that
Ordinance No. 2118, accepting the Planning Commission's recommendation in
rezoning property located at 60th Avenue and Barge, be passed: carried,
Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on
roll call.
ORDINANCE NO. 2118, AN ORDINANCE accepting the recommendation of the Planning
Commission in rezoning property at South 60th Avenue and Barge from R -1,
Single Family Zone, to Planned Development Zone.
This being the time fixed for the hearing on the rezone request filed by Alex
Deccio, for property located at 1017 -1019 South llth Avenue, Councilman Holbrook
withdrew from this issue due to conflict of interest. Marguerite Hackett,
property owner in that area, inquired about plans for this property. Mayor
Edmondson stated that the request is to rezone the property to B -3 and there
are no particular plans for the property as yet. Stanley Quinn, 1018 South
llth Avenue, stated he did not oppose the rezone request, but would like
Council to bear in mind that llth Avenue already has traffic problems. Alex
Deccio spoke in favor of the rezone request stating he had convassed the area
himself. It was MOVED by Walker, seconded by Simmons that Ordinance No. 2119,
accepting the Planning Commission's recommendation in rezoning property located
at 1017 -1019 South llth Avenue, be passed: carried, Edmondson, Moore, Simmons,
Walker and Wonder voting aye on roll call. Councilman Holbrook not voting due
to conflict of interest. Councilman Allard temporarily absent.
ORDINANCE NO. 2119, AN ORDINANCE accepting the recommendation of the Planning
Commission in rezoning property at 1017 -1019 South llth Avenue from R -2, Two
Family Zone, to B -3, General Business Zone.
This being the time fixed for the hearing on the rezone request filed by Noel
Canning Corp. for property located at South 3rd Avenue and Nob Hill Blvd., and
no one present wishing to speak to this matter, it was MOVED by Wonder, seconded
by Moore that Ordinance No. 2120, accepting the Planning Commission's recommendation
in rezoning said property, be passed: carried, Allard, Edmondson, Holbrook,
Moore, Simmons, Walker and Wonder voting aye on roll call.
ORDINANCE NO. 2120, AN ORDINANCE accepting the recommedation of the Planning
Commission in rezoning property on the north side of Nob Hill Blvd. and east
of South 3rd Avenue from R -2, Two Family Zone to B -2, Local Business Zone.
This being the time fixed for the hearing on the rezone request filed by
Naches House Association, for property located at the southwest corner of "D"
Street and Naches Avenue, Councilman Allard withdrew from this issue, due to
conflict of interest. There being no one present wishing to speak to this
matter, it was MOVED by Wonder, seconded by Walker that Ordinance No. 2121,
accepting the Planning Commission's recommendation in rezoning property located
at the southwest corner of "D" Street and Naches Avenue, be passed: carried,
Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll
call. Councilman Allard not voting due to conflict of interest.
• 619
OCTOBER 24, 1977
ORDINANCE NO. 2121, AN ,ORDINANCE accepting the recommendation of the Planning
Commission in rezoning property at the southwest corner of "D" Street and
Naches Avenue from R -3, Multipal Family Zone, to Planned Development Zone.
This being the time fixed for the hearing on the rezone request filed by Stan
Sinclair, for property located at South 35th Avenue and Tieton Drive, Gerald
Mikesell, attorney representing Mr. Sinclair, spoke in favor of the rezone.
It was MOVED by Wonder, seconded by Walker that Ordinance No. 2122, accepting
the Planning Commission's recommendation to rezone property at South 35th
Avenue and Tieton Drive, be passed: carried, Allard, Edmondson, Holbrook,
Moore, Simmons, Walker and Wonder voting aye on roll call.
ORDINANCE NO. 2122, AN ORDINANCE accepting the recommendation of the Planning
Commission in rezoning property at the southwest corner of 35th Avenue and
Tieton Drive from R -3, Multiple Family Zone, to Planned Development Zone.
Mr. Glenn Rohn, addressed the Council regarding a problem he has in obtaining
water and sewer services to a business located at 419 North 20th Avenue, which
is in the County. Mr. Rohn stated that there was water service to the house
on that lot previously and there is a meter already installed. The sewer line
is also close to his property and he also requested sewer service, if possible.
After discussion, it was MOVED by Moore, seconded by Holbrook to grant outside
utility services for water and sewer to the property located at 419 North 20th
Avenue, provided an Outside Utility Agreement is signed by the applicant,
Glenn Rohn: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and
Wonder voting aye on roll call.
Mayor Edmondson stated she had received a letter from Gene Mayer, re K -Mart
Shopping Center, which she read aloud for the record, requesting-time to
appear before the Council to address a problem with the agreement entered into
in 1971. Councilman Allard withdrew from any discussion in this matter, due
to conflict of interest. Mr. Mayer stated that when the property was partially
developed, there was no County zoning. The Outside Utility Agreement signed
in 1971, states that any future development of unused parcels to be undertaken
by the developers would be in accordance with Planned Development zoning
procedures. Since the property is now zoned commercial by the County, Mr.
Mayer stated that this stipulation of the agreement is not applicable and
requested that it be deleted from the agreement. Glenn Rice, Director of
Planning and Community Development, reviewed the stipulations in the Outside
Utility Agreement, which had been signed in 1971. After discussion, it was
MOVED by Moore, seconded by Walker that another agreement be drawn up and
presented to Council which would delete Item "D" as stated in the recommendations
of staff and the Planning Commission from the Outside Utility Agreement signed
on June 21, 1971, and also add Item "I" of the above mentioned recommendations,
which is "City to require release from future liability occasioned by presence
of spray fields and sewage treatment plant ": carried, Edmondson, Holbrook,
Moore, Simmons, Walker and Wonder voting aye by voice vote. Allard not voting
due to conflict of interest.
*It was MOVED by Moore, seconded by Walker that Resolution No. D -3791, authorizing
acquisition of property for the South Fruitvale Interceptor Sewer, be passed:
carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting
aye on roll call.
RESOLUTION NO. D -3791, A RESOLUTION authorizing the purchase of easement(s)
for the construction of the South Fruitvale Interceptor Sewer Project.
Council members discussed the financial advisory services contract with regards
to the issuance of Water and Sewer Revenue Bonds for the Waste Water Facilities
Project. Councilman Wonder inquired if Harper and Son was a local business,
and City Manager Eastman reported that they have an office in the Larson
Building. Asked about the fees, by the Mayor, Art Zerbach, Director of Finance
and Budget, stated that they are reasonable and in line with the other proposals
received. After discussion, it was MOVED by Walker, seconded by Holbrook that
Resolution No. D -3792, authorizing execution of a contract with William P.
Harper and Son for Financial Advisory Services with regards to the issuance of
Water and Sewer Revenue Bonds - Waste Water Facilities Project, be passed:
carried, Allard, Edmondson, Holbrook, Moore, Simmons and Walker voting aye on
roll call. Wonder voting nay. Councilman Wonder stated that he did not feel
he could vote on this issue without having reviewed the contract.
62O
OCTOBER 24, 1977
RESOLUTION NO. D -3792, A RESOLUTION authorizing and directing the City Manager
and City Clerk of the City of Yakima to execute a "Contract for the Financial
Advisory Services" with William P. Harper and Son, Inc.
*It was MOVED by Moore, seconded by Walker that the report of the City Treasurer
dated September 30, 1977, regarding the investments of the City of Yakima, be
accepted and approved: carried, Allard, Edmondson, Holbrook, Moore, Simmons,
Walker and Wonder voting aye on roll call.
*A report having been received from the Planning Department, it was MOVED by
Moore, seconded by Walker that the Outside Utility Agreement filed by Pete
Calza for sewer service for property located at 33121 Englewood Avenue, be
approved: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and
Wonder voting aye on roll call.
City Manager Eastman reported on the Naches /Yakima Avenue EDA Project Bid,
stating that one of the bidders asked some questions about the bid, and was
allowed to appeal the award of the contract before the City Council. Mr.
Eastman stated that he has since received a document from EDA on how to call
for bids. Mr. Eastman stated that the City has four interests: (1) fairness
to all, (2) compliance with the law, (3) participation of minorities, and
(4) the project gets done. The bid should include the name of the minority
business, the amount of project in dollars and percentage to be paid to the
MBE, and the work to be done by the MBE. None of the bids received met all of
the above requirements. Mr. Eastman recommended that all bids be rejected on
the basis of the data received. He also recommended that staff be authorized
to negotiate for a bid, set a deadline of 10:00 A.M., Monday, October, 31,
1977, and make recommendations that day for award. He also recommended that
all three requirements be named, and a guarantee that work can be started by
November 7, 1977, be listed in the advertisement. If the City does use negotiations,
all bidders must be notified and given an opportunity to resubmit their bid,
the grantee must advertise their intent to negotiate, all bids are to be
accepted, whether or not they had previously submitted a bid, the negotiated
price must be the lowest price submitted, which complies with all requirements,
a record of oral bids must be made and retained for a period of three years
and offerers may amend their bid during the course of negotaitions according
to EDA. After further discussion, it was MOVED by Moore, seconded by Simmons
that Council accept the recommendations made by the City Manager and reject
all bids received for the Naches /Yakima Avenue EDA Project, and declare an
emergency. Bill Poppy, Valley Cement, stated that he feels that their bid
complies since he had submitted a letter naming a minority contractor and
stating that amount of the work would be over 10 %. Mr. Poppy stated that he
felt Council should award the bid to Valley Cement. Donald Davidson, representing
Superior Asphalt, stated that he felt the contract should be awarded to Superior
Asphalt, as low bidder. Superior Asphalt would defend the awarding of the
bid. Mr. Davidson stated that the bid invitation can be construed to make the
minority business enterprise the responsibility of the bidder and not the bid,
which means that the grantee has five days in which to submit information on
the MBE. City Attorney Andrews, responding to that statement, stated that
failure of the bidders to respond in a manner of the bid call makes all the
bids unresponsive and all bids should be rejected. He also stated that the
five day leeway is not found in any of the EDA pamphlets. Al DeAtley, Jr.,
Manager, Superior Asphalt, stated that Superior Asphalt is not morally liable
to stay within the same set of figures. Mayor Edmondson stated that due to a
prior commitment she would have to leave and handed the gavel to the Mayor
Pro -Tem Pete Moore. Henry Beauchamp stated that the whole idea of the 10% set
aside came out of Congress to make the opportunity for minorities to participate
in the building trade. Mr. Beauchamp urged Council to reject all the bids.
The Mayor Pro Tem called for a vote on the motion on the floor. Allard,
Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. Mayor
Edmondson absent.
*It was MOVED by Moore, seconded by Walker to fix a time of hearing for November
14, 1977, to hear the appeal from the Planning Commission's recommendation to
deny the rezone request filed by Richard Cash and Dan Suchodolski for property
at 1206 South 12th Avenue and 1205 South 13th Avenue: carried, Allard, Edmondson,
Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call.
• 621
OCTOBER 24, 1977
It was MOVED by Moore, seconded by Walker that Ordinance No. 2123, creating a
Yakima Waste Water Facility Project Fund, be passed: carried, Allard, Edmondson,
Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call.
ORDINANCE NO. 2123, AN ORDINANCE creating a Yakima Waste Water Facilities
Project Fund as a special fund; specifying the purpose of such fund and
designating the source of money therefore; enacting Chapter 3.64, "Yakima
Waste Water Facilities Project ", and various sections thereof, as a new chapter
and new sections of the City of Yakima Municipal Code; and declaring an emergency.
There being no further business to come before the Council, it was MOVED by
Allard, seconded by Holbrook that this meeting be adjourned at the hour of
5:35 P.M.: carried, Allard, Holbrook, Moore, Simmons, Walker and Wonder
voting aye by voice vote. Mayor Edmondson absent.
READ AND CERTIFIED ACCURATE BY / /- ^ 7?
CO UNC 'MAN DATE
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COUNCILMAN DATE
ATTEST: 1
CITY C% RK ? ;. %rte MAYOR i