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HomeMy WebLinkAbout03/24/1992 Business Meeting 205 CITY OF YAKIMA, WASHINGTON MARCH 24, 1992 BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat Berndt, presiding, Councilmembers Clarence Barnett, Henry Beauchamp, Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Commenting that since Yakima is looking at annexation of a portion of the West Valley area, Councilmember Buchanan stated he thought it is time to start filling some of the firefighter positions. It was MOVED BY BUCHANAN, SECONDED BY SEMON, TO DIRECT THE CHIEF TO ADD FOUR OF THOSE POSITIONS FOR TRAINING AT THE PRESENT TIME, AND IN THE FUTURE ADD THE OTHER FOUR. It was MOVED BY BARNETT, SECONDED BY BRADO, TO AMEND THE MOTION THAT THE CHIEF HIRE ALL THE VACANCIES CURRENTLY AUTHORIZED. Councilmember Buchanan stated he did not want to overload the training positions or the stations at this time. Mayor Berndt commented she understands that the Chief is now in the process of hiring four recruits to fill current vacancies. Councilmember Sims asked how the four positions would be utilized. Chief Beeson stated that in keeping with the Court decision last week regarding West Valley annexation, and his recommendation to hold those positions open until the West Valley annexation, it is important to start them in a training mode. Councilmember Barnett stated that on November 22nd, there were ten unfilled positions and asked if that is still correct. Chief Beeson stated that there is one lieutenant, which is new, and nine from the closure of Station 2 and one was removed last year, so that is eight, and we have one battalion chief position to be filled. Mayor Berndt stated there are also a couple of disability retirements pending. Chief Beeson stated that is correct. There are ten vacant positions, but there are two more in process for disability retirement, making 12 positions. Mayor Berndt stated Council is talking about the eight positons due to the closure of Station 2. The others would be filled to take care of vacancies. Chief Beeson stated he has requested four positions in the last 30 days; two to take care of overtime and two for upcoming disability vacancies. He stated they could fill as many as eight. 206 MARCH 24, 1992 Mayor Berndt commented that if Council approves the eight positions, the Department could have 12 rookies. Chief Beeson stated that not all the vacant positions are firefighters. Councilmember Buchanan stated his motion applies to four of the eight positions held in abeyance for the West Valley annexation and then, later, the additional four, as they are able to be included in the training cycle. Councilmember Semon stated he favors a phased program. He wants to see those positions filled, but does not want to put a burden on the Department to train that many recruits all at once. The question was called for a vote on the amendment. The motion failed on a 2 -5 voice vote. Beauchamp, Berndt, Buchanan, Semon and Sims voting nay. The question was called for the vote on the original motion. The motion carried by unanimous voice vote. It was MOVED BY SEMON, SECONDED BY BEAUCHAMP, TO APPOINT ED ESPARZA AS A MEMBER OF THE COMMUNITY PROGRAMMING ADVISORY COMMITTEE. The motion carried by unanimous voice vote. It was MOVED BY BRADO, SECONDED BY BEAUCHAMP, TO REAPPOINT THREE MEMBERS TO THE LOCAL REVIEW BOARD FOR SPECIAL VALUATION OF HISTORIC PROPERTIES: MARTIN HUMPHREY, BILL PUGH AND WARREN VAN HOOSE. The motion carried by unanimous voice vote. Commenting that this is Assistant City Manager Stouder's last Council meeting, Mayor Berndt presented Mr. Stouder with a service award for 7 and 7/12 years of service. She also presented him with a plaque in appreciation of his outstanding leadership and vision to the community. Councilmembers Beauchamp, Barnett, Buchanan, and Semon also expressed their appreciation for Mr. Stouder's service to the City and to the community. Anne Palmer, on behalf of Yakima County Development Association /New Vision, read a resolution of appreciation from the Executive Board of YCDA, and presented a plaque expressing appreciation for Mr. Stouder's support to YCDA. Mr. Stouder accepted this accolade, stating he appreciated this acknowledgement. A. PROCLAMATIONS (if applicable) Mayor Berndt proclaimed the week of March 29th - April 4th as Drug and Alcohol Awareness Week. The proclamation was accepted by Dave Schneider, DWI Seatbelt Coordinator, Ester Huey, Yakima County Substance Abuse Coalition, and Gary Fulker, ESD 105. Ms. Huey presented the Council with tee shirts, pencils, pens, and badges, all displaying the theme, UBU (You be you) in '92. 2 20 MARCH 24, 1992,„ 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Councilmembers or citizens present. Item No. 9 and an off - agenda item, No. 26A, were added to the Consent Agenda. City Attorney Vanek advised the Council that an amendment was made in Item No. 17 relating to the property description. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF THE MARCH 10, 1992 BUSINESS MEETING The Council minutes of the March 10, 1992 Business meeting were approved, having been duly certified accurate by two Councilmembers and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION W. K. "Pete" Moore, former Fire Chief and City Councilmember, commented he read in the newspaper that Mayor Berndt made a statement that the City had only three -man engine companies in the past. He stated he is not sure where she got her information, but it is a misstatement. He stated when he left the Fire Department in 1966, their strength for apparatus was 21 personnel per shift and they had a four -man engine company. He commented that the Council has a responsibility to provide adequate fire service to the City of Yakima and to protect the firefighters. Councilmember Sims stated that a lot of technology and safeguards for the firefighters have been utilized since 1966; building codes and fire detectors and alarms have been improved. Mr. Moore stated that three things are needed to fight fires: personnel, equipment and a water supply. He commented that a three -man engine company is 50 to 60 percent less efficient than a four -man engine company. Ernie Berger, 1206 So. 37th Avenue, stated that Mr. Moore is correct in many areas. He stated he has some understanding of the level of services, of what it was and what it is now. He stated they had 21 people in supression when he left the Department within the last eight years. There are 13 people now. He stated he watched Lee's Music burn to the ground and felt that the firefighters 3 208 MARCH 24, 1992 exhibited poor officer training. It was the consensus of the Council that audience participation should not be used as a forum for debate of this issue. Sonny Robinson, 101 So. 8th Avenue, stated he contacted some of the Councilmembers regarding St. Elizabeth Medical Center parking. He understands there is a possibility that the hospital intends to contract with First Presbyerian Church to use their parking lot to meet the parking requirements of Ordinance No. 3384. He pointed out several factors that would indicate the use of this parking lot would not meet the requirements in the ordinance. He stated that the neighbors of the hospital were not notified by St. Elizabeth about this proposal, which would have impact on the neighborhood. Mayor Berndt asked staff to meet with Mr. Robinson to assist him in getting answers to his questions. Councilmember Sims stated he, and Councilmembers Brado and Semon, attended a meeting called by the hospital to discuss the hospital's future. Councilmember Buchanan expressed his objection to some of these meetings going on without the knowledge of the other Councilmembers. Mayor Berndt commented that meeting was not scheduled through the Mayor's office. Councilmember Semon stated he spoke to some of the hospital staff after their last appearance and told them that the City has staff that could give them support for long -term planning and that any member of the Council would be happy to meet with them. 7. REVIEW OF PROPOSED REFUSE RECYCLING CITIZENS SURVEY Mayor Berndt stated she distributed a hand -out that was provided at the recycling meeting. The hand -out will, hopefully, help Council understand what DOE will require. Councilmembers reviewed the proposed questionnaire, making several suggestions to clarify a question or to improve the data base needed. It was the general consensus of the Council to leave in question #2, but eliminate the $10 and make #2 question #6, in #5 add residential recycling and add per month to cost, change to $4 instead of $3.50, eliminate #6 and put in #2 in its place, and add a question about education. It was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO ADOPT THESE CHANGES. The motion carried by unanimous voice vote. 8. CONSIDERATION OF RESOLUTION AUTHORIZING PUBLIC PARTICIPATION PROCESS AND SEEK UMTA APPROVAL FOR CHARTER BUS SERVICE Bill Schultz, Transit Manager, stated this item has a resolution with the intent to establish a process to determine if we would be allowed to provide charter service. The item was requested by the Council Transit Committee with the idea of providing charter service with the trolleys. The 4 209 MARCH 24 , 1992, _.;, process would require that notices be sent to private operators and associates of private operators to state the City's intent of providing charter services. We would want to notify the private operators if they are willing or capable of providing that service. If they are, the City would be precluded from doing so. Councilmember Barnett read from a June 4, 1991 legal opinion in response to a question he had regarding the use of City trolleys for charter service. The opinion outlines the process which would have to be followed prior to the City using the trolleys for charter service. It was his understanding from reading this opinion that this process would have to be followed each time the trolleys would be used for charter service, and that it would not be a blanket authorization for all charter service requests, as is described in the resolution before Council today. Mr. Schultz stated the resolution in today's packet was prepared by the City Attorney's staff. The regulations require that if you provide a charter service, you must go through this process annually. City Attorney Vanek stated he would research this issue and bring back an answer. Councilmember Semon stated it was not the intention of the Transit Committee to put the City in the charter business. He reported on the types of requests received from organizations to usethe trolleys. He stated that price - wise, they could not compete with private enterprise anyway. This service would be similar to the bus service provided for the Air Fair and Central Washington Fair shuttle service. Nadine Warren, 1904 Grant, Accent Charter Service, stated her firm is willing and able to provide charter service to local tourists. She explained that if they do not have sufficient equipment for a charter request, they obtain equipment from other sources to meet their needs, including from the City. She stated that to advance tourism promotion week, she had requested the use of the trolleys, free of charge. She stated the City could provide the service, but could not charge a fee. Jerry Copeland, Director of Public Works, stated Ms. Warren is speaking about the FTA or UMTA regulations. He stated the problem is with the state regulations. City Attorney Vanek stated that the only way the City could provide the use of the trolleys is if there is some governmental purpose involved in its use. Following further discussion to try to clarify the issue, it was MOVED BY BRADO, SECONDED BY BARNETT, TO TABLE THIS UNTIL WE GET FURTHER INFORMATION. The motion carried by unanimous voice vote. 5 210 MARCH 24, 1992 *9. REPORT AND LEGISLATION FROM FINANCE AND INFORMATION SYSTEMS REGARDING PURCHASE OF COMPUTER EQUIPMENT A. RESOLUTION AUTHORIZING PURCHASE OF COMPUTER EQUIPMENT AS SOLE SOURCE PURCHASE AND EXECUTION OF LEASE AGREEMENT DOCUMENTS RESOLUTION NO. D -6075, A RESOLUTION authorizing purchase of certain Prime series computers and associated peripheral equipment and software without calling for bids and declaring certain existing Prime series computers to be surplus. B. FIRST READING OF APPROPRIATION ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR PURCHASE OF COMPUTER EQUIPMENT (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1992 budget and appropriating funds for a computer purchase lease, having been read by title only, was laid on the table for three weeks, until April 14, 1992. *10. CONSIDERATION OF RESOLUTION AUTHORIZING WASHINGTON STATE HOUSING ASSISTANCE PROGRAM CONTRACT RESOLUTION NO. D -6076, A RESOLUTION authorizing the City Manager of the City of Yakima to assign the approved contract from Washington State Department of Community Development for funding of the purchase and rehabilitation of a duplex for HIV infected community residents to the East Valley Reformed Church, who will be the legal owners. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE LUKEHART REAL ESTATE CONTRACT RESOLUTION NO. D -6077, A RESOLUTION authorizing execution of an Amendment of Real Estate Contract with Gary D. Lukehart and Mary M. Lukehart. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH TOM TRUAX FOR RIGHT -OF -WAY SERVICES FOR CITY YVT SYSTEM RESOLUTION NO. D -6078, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Personal Services Agreement for title confirmation services. 6 211 MARCH 24, 1992, ;,;,. *13. CONSIDERATION OF RESOLUTION AUTHORIZING APPROVAL OF WDOT GRANT FOR PARK AND RIDE AT CHESTERLEY PARK RESOLUTION NO. D -6079, A RESOLUTION authorizing the execution of an agreement with the State of Washington for the construction of a park and ride lot at Chesterley Park. *14. CONSIDERATION OF RESOLUTION DECLARING SURPLUS PROPERTY AND REPEALING RESOLUTION NO. D -6060 RESOLUTION NO. D- 6080, A RESOLUTION declaring one Diebold Safe surplus and without value and authorizing its transfer to the Yakima Valley Museum and Historical Association. *15. CONSIDERATION OF RESOLUTION AUTHORIZING STATE APPLICATION FOR RENTAL REHABILITATION PROGRAM RESOLUTION NO. D -6081, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an application with the Washington State Department of Community Development for funding for a rental rehabilitation program. *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SUB- LEASE AGREEMENT FOR LOOKOUT POINT COMMUNICATION SITE RESOLUTION NO. D- 6082, A RESOLUTION authorizing execution of a site sublease agreement with Tad Broadcasting, Inc., for Lookout Point Communication Site. *17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF RENTAL AGREEMENT FOR RESIDENCE AT RANDALL PARK RESOLUTION NO. D -6083, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Residential Rental Agreement with Gale and Shirley Alger. *18. CONSIDERATION OF RESOLUTION AUTHORIZING GRANT APPLICATION FOR HAZARD ELIMINATION (1ST AND "D" STREET AND 28TH AND LINCOLN) RESOLUTION NO. D -6084, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute and submit a Federal -Aid Project Prospectus to the Washington State Department of Transportation. 7 212 MARCH 24, 1992 *19. SET DATE OF JOINT CITY /COUNTY PUBLIC HEARING FOR APRIL 21, 1992 REGARDING COLUMBIA ASPHALT SHORELINE PERMIT April 21, 1992 was set as the date of public hearing by the Board of Yakima County Commissioners and the Yakima City Council for the Shoreline Management Substantial Development and Conditional Use Permit requested by Columbia Asphalt and Gravel, Inc. *20. SET DATE OF HEARING FOR APRIL 7, 1992 ON APPEAL TO HEARING EXAMINER'S DECISION ON "MISSION" DEFINITION April 7, 1992 was set as the date of public meeting for the Union Gospel Mission appeal of Hearing Examiner's decision of classification. *21. CONSIDERATION OF LEGISLATION RATIFYING AFSCME CONTRACT NEGOTIATIONS FOR 1992: A. RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT RESOLUTION NO. D -6085, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a collective bargaining agreement for calendar years 1992, 1993 and 1994 with the Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, AFL -CIO. B. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN ORDINANCE NO. 3441, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective April 26, 1992; amending subsections 2.20.100 A, 2.20.100 C, 2.20.110A, 2.20.110 F, and 2.20.110 J, all of the City of Yakima Municipal Code. C. FIRST READING OF ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR SETTLEMENT COSTS (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1992 budget and appropriating funds for AFSCME labor settlement costs, having been read by title only, was laid on the table for two weeks until April 7, 1992. 8 213 MARCH 24 , 1992. *22. CONSIDERATION OF LEGISLATION RELATING TO JOINT LAW ENFORCEMENT FACILITY: A. RESOLUTION AUTHORIZING ENGAGEMENT OF PROFESSIONAL ARCHITECTURAL DESIGN SERVICES WITH ARCHITECTURE ASSOCIATES RESOLUTION NO. D -6086, A RESOLUTION authorizing execution of a contract with Architecture Associates for task services related to the joint City of Yakima - Yakima County Law and Justice Facility. B. FIRST READING OF ORDINANCE AMENDING THE 1992 BUDGET AND PROVIDING FUNDS FOR ARCHITECTURAL DESIGN SERVICES An Ordinance amending the 1992 budget and appropriating funds for architecutral services for the proposed Law & Justice Center, having been read by title only, was laid on the table for three weeks, until April 14, 1992. *23. CONSIDERATION OF ORDINANCE ADOPTING FEE SCHEDULE FOR VARIOUS LAND DEVELOPMENT FEES ORDINANCE NO.3442, AN ORDINANCE relating to zoning and land use; increasing land development fees; and amending Section 15.26.O10B of the City of Yakima Municipal Code. *24. SECOND READING OF AN ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING 1991 ENCUMBRANCES An Ordinance amending the 1992 budget and appropriating funds for 1991 year -end encumbrances, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO.3443, AN ORDINANCE amending the 1992 budget for the City of Yakima; making appropriations for 1991 Year -End Encumbrances from Unappropriated Fund Balances within various Funds for expenditure during 1992. *25. CONSIDERATION OF ORDINANCE CREATING ECONOMIC DEVELOPMENT FUND, AMENDING THE 1992 BUDGET AND FIRST READING OF APPROPRIATION FOR PROFESSIONAL SERVICES (HAAS UDAG) (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance creating the Economic Development Fund and amending the 1992 budget and appropriating funds for expenditure during 1992 for professional services, having been read by title only, was laid on the table for three weeks, until April 14, 1992. 9 214 MARCH 24, 1992 26. OTHER BUSINESS *A. CONSIDERATION OF RESOLUTION AUTHORIZING SOLE SOURCE PURCHASE OF DEMONSTRATOR PAINT STRIPER RESOLUTION NO. D -6087, A RESOLUTION authorizing the purchase of a van mounted striping truck from Norris Paints, a division of Morton International, Inc. without calling for bids. Information Items: Items of information provided to Council were: News Release, " #2 Tieton Bus Route Designated as Handicapped Accessible." 3/16/92; Press Release, "Public Service Announcement regarding construction activities on Tieton Drive, between 5th and 16th Avenues." 3/20/92; Memo from City Attorney regarding March 10th Meeting of the County District Court Committee. 3/12/92; AWC legislative Priorities status sheet, Sine Die - March 13, 1992; Ecology Growth Management Expertise Directory effective 1/21/92. 3/18/92; Reports from Human Resources Division regarding vacancy /hiring status as of March 6, 1992; Legal Department Monthly Report for February 1992; Notice from Department of Labor & Industries - no violations found at Fire Station No. 1. 3/17/92; AWC training for 1992; and Yakima Gateway Newsletter, Issue No. 1, January 1992. 27. EXECUTIVE SESSION REGARDING ACQUISITION OF PROPERTY Pending litigation and collective bargaining were added as topics for the executive session. It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 15 MINUTES FOR THE PURPOSE OF DISCUSSING ACQUISITION OF PROPERTY, COLLECTIVE BARGAINING AND PENDING LITIGATION. The motion carried by unanimous voice vote. 10 215 MARCH 24, 1992 28. ADJOURNMENT There being no further information to come before the Council, the meeting was adjourned at the conclusion of the executive session at 4:15 P.N , READ AND CERTIFIED ACCURATE BY: � ' / i I ^' BER DAE •: O CI EMBER DATE ATTEST: (9,a r, CITY CLERK MAYOR 11