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HomeMy WebLinkAbout09/18/1978 Business Meeting 86 SEPTEMBER 18, 1978 The City Council met in session on this date at 6:30 PM in - Room 205 at the KYVE -TV Studio, 1105 So. 15th Avenue, Yakima, Washington. Council members present were Mayor Betty L. Edmondson, Henry Beauchamp, Lynn Buchanan, Don-Hinman, Nadine Lee and Gordon Wonder. Councilman Jack Sparling absent and excused. In speaking about the tentative program for the visiting Japanese dignitaries, Mayor Edmondson announced that on Friday, September 29, 1978,'at 4:00 PM, the dedication ceremony for the stone lantern and Japanese Garden will be held at the Arboretum Park. She also announced that there will be a tour of the Yakima Valley Museum that evening with an International dinner to follow at'7:30 PM, In honor.of Mayor Takenaml, Mayor of our sister City, itayanagl, the five Council members and their tour guide /interpreter. The dinner tickets cost $10.00, which will help defray expenses while the dignitaries are here. Mayor Edmondson urged the Council members to attend these events. Council members briefly discussed the information that was provided to them on cable TV. Councilman Beauchamp stated that he thought the Committee-was going to bring back two recommendations. Mayor Edmondson stated that there may have been some misunderstanding during the September 5, 1978 Council meeting when Staff and the Committee requested additional time to meet with the cable TV companies and stated that a recommendation would come to Council no later than the 18th of September. She also stated that staff has to have the appropriate material to the Auditor's Office by this Friday in order to this on the ballot for the November election. Councilman Hinman expressed concern regarding'cable TV service to residents of newly annexed areas, and the effect this would have on the existing cable TV company .in those areas. After further discussion, it was the general consensus of the Council to discuss this - further during the regular Council meeting. Willis White, Director of Public Works, distributed a report with figures on proposed direct sewer service rates and comparisons with present rates. Mayor Edmondson inquired if the rates given In the Area Analysis Monthly Sewer Charges" chart included the wholesale sewage treatment rate for Union Gap and Terrace Heights. Mr. White stated that it does not include those proposed charges. Ken Seeds, consultant with R. W. Beck, stated that distribution costs,to the users in Union Gap and Terrace Heights have not been Included In this chart either. Councilman Hinman inquired if R. W. Beck now agrees with the value engineering report. Mr. White stated that the City's lab technicians have taken samples after the value engineering was performed, and it agrees with Beck's report. Dick Zais, Assistant City Manager, stated that Alan Bushley, with R. W. Beck, reported at the meeting held at the Sewage Treatment Plant that some of the assumptions that were used in the valuation review were not totally accurate. He stated that those assumptions have been modified and they are now corrected. Councilman Wonder stated that Council is concerned about rates. Mr. Seeds discussed the alternatives they had considered for rate structure and they considered the $2.60 (ready to serve charge) plus a 36t volume charge (per 100 c.f.) as the most equitable. He stated that under the present rate schedule, the larger customers are helping to pay for the small customers. Mr. Seeds stated that 7.5% of the 12.5% utility tax is to cover the City's expenses for bond indebtedness. Mr. Zerbach, Finance & Budget Director, stated that for every dollar in debt service, the City must collect a $1.40. Mayor Edmondson asked if the utility tax were lowered, what kind of rate reduction would the citizens have. Mr. Seeds stated that the City could reduce the tax to 7.5 %, which would reduce the average customer bill about 35t each month. It was the general consensus of the Council to request a report from staff on the impact of the water /sewer fund If the utility tax were reduced from 12.5% to 7.5 %. At 8:00 PM, the Council members moved into the KYVE -TV studio, for the balance of the meeting, Mayor Edmondson presiding, Council members Beauchamp, Buchanan, Hinman, Lee and Wonder and Assistant City Manager Zais and City Attorney Andrews present on roll call. It was MOVED by Hinman, seconded by Wonder to excuse Councilman Sperling from this meeting: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Sparling absent. 87 SEPTEMBER 18, 1978 • The Invocation was given by Councilman Buchanan. 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. Council member Lee requested that item #17 be added to the Consent Agenda because the ordinance amendment is strictly housekeeping. It was the general consensus of the Council that the addition of item #17, as requested, be made. The City Clerk then read the Consent Agenda items, including Resolutions and an Ordinance by title. It was MOVED by Hinman, seconded by Buchanan that the Consent Agenda, as read, be passed: carried, Buchanan, Edmondson, Hinman, Lee, Wonder and Beauchamp voting aye on roll call. Sperling absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda to be handled under one motion without further discussion.) Mayor Edmondson stated that Nick Miller, consultant attorney re cable TV, Is here tonight from Washington, D.C. and has to leave by 10:30 PM II � Yn order to catch his flYght home. |t was the general conswnsus mf tha Council to gm out of sequence on the aganda•and discuss cable TV at this time. Mayor Edmondson gave a brief report on the history of the cable TV issue, which was presented to Council in June, 1978. Carol Darby, Director of Community Development, gave a more detailed report on the history of the cable TV issue, and outlined the criteria used to determine which cable TV firm to recommend. Councilman Beauchamp inquired if an assessment could be placed on the Home Box Office, separate from the regular franchise fee. 'Mr. Miller stated that the simple answer is no and cited some Supreme Court decisions on that subject. Mr. Miller reviewed the five companies who had submitted proposals and reviewed the criteria used in the evaluation process, as being the responsiveness of the bidder, engineering and design capabilities, and an analysis of accuracy, of bidder projected cost of construction and comparison to their projected rates to the customer. He stated that after further review of the information, the three member Council committee reached an unanimous recommendation. Mr. Miller stated that Council determined that four of the five bids were responsive; the proposal submitted by Yakima Community Cablevision, Inc., was incomplete. He stated that the Committee found the system capabilities of the companies to be cmmparable. He stated that the Committee recommends that Liberty's proposal be re^acted, because their package of services indicated a commitment to local public access services below the quality of the other three bids. Mr. Miller stated that the Committee then looked at the financial status and services subscribers will receive. Mr. Miller stated that.the Committee looked at the financial size of McCaw Communications in comparison with Cox Cablevision, Inc., and American Cablevision of Yakima. He stated that McCaw is now operating a relatively small system locally, and while they have the financial capabilities to build a system, the Committee was concerned about their internal financial resources in comparison with American Cablevision and Cox. He further stated that a company that would have to commit the bulk of their resources for capital outlay would have a hard time getting money for other services. Discussion followed by the Council on this point, Councilman Hinman stating that Council should look at profitability. Mayor Edmondson stated that that point was a very minute part of the evaluation. Mr. Miller then stated that Council also looked at the Company's ability for engineering construction and operational experience and.noted that McCaw lacked Ynhouse construction II/ exparlencw, Me stoted thet the CommYttae fe1t there was an elamant of risk that McCaw would not be able to perform as they had stated in their bid. Mayor Edmondson interjected that the Committee did not feel the company is a risk, and if awarded the bid, it would not be a risky thing. Mr. Miller stated that the Committee then looked at the companies performance and service. He stated that based on the information received from the company's references, American Cablevision had a poor reputation for service to the communYty. He stated that Cox received an unanimous endorsement and -the background check on McCaw indicated their responsiveness to the public was adequate. Mr. Miller reviewed some of the reasons for recommending Cox Cablevision. Council member Lea inquired about the protection the present cable TV company would have for areas that are annexed to the City. Mr. Miller stated that the franchise is non- exclusive in areas that are newly annexed and the present cable company would still retain the right to operate In the annexed area. It was the general consensus of the Council to permit the representatives of the cable TV companies five minutes each to address the Council. Fred Charles, Liberty, stated that they did not limit all public access to SEPTEMBER 18, 1978 one channel. He stated that their proposal contained a:,unique element in proposing one channel for school and government. He urged Council to spend more time on selecting a franchisee. Craig McCaw, Yakima Valley Cablevision, spoke in behalf of his firm, stating they already have about 90 miles of cable in the County and Selah. Bill Brown, American Cablevision, stated that he would like to review with staff the references they obtained which were so poor. He stated that they have added approximately 180 subscribers in one year. Roger Pierce, Cox Cablevision, urged Council to follow staff's recommendation. It was MOVED by Wonder, seconded by Buchanan that Ordinance No. 2209, granting a non - exclusive franchise to Cox Cablevision Corporation to operate and maintain a cable communication system throughout the City of Yakima, be passed. Councilman Hinman expressed concern about cable TV in the outlying areas. Mr. Miller stated that it is a gray area on whether the City could put a mandate on whether the City could interconnect to the company outside the City. He stated that he came up with some new language to amend the ordinance to solve this problem. He stated that on page 3, paragraph 2 of the ordinance, following: "grantee shall provide cable communication service not later than twelve (12) months after beginning construction, to all persons within the City Limits ", insert, not able to subscribe to a cable communication system and" continue as is to end of sentence. He also suggested that the following be added to the end of the last sentence in paragraph 2: "provided that area is not already served by an existing cable communication system ". Following discussion, it was MOVED by Hinman, seconded by Beauchamp that the language that Nick Miller read, be inserted in the ordinance in the appropriate places. Mayor Edmondson inquired if Cox and McCaw agreed to this, and both companies assured her that they do. The question was called for the vote on the motion: - carr1ed, Beauchamp Blchahan., Edmondson Hinman, Lee and Wonder voting aye by voice vote. Sparling absent. The question was called for the vote on the motion, as amended: carried, Buchanan, Edmondson, Lee and Wonder voting aye on roll call. Beauchamp and Hinman voting nay. Sparling absent. ORDINANCE NO. 2209, AN ORDINANCE granting a non exclusive franchise to Cox Cablevision Corporation to operate and maintain a cable communications system throughout the City of Yakima; setting forth provisions, terms and conditions of the grant of the franchise; providing for a City regulation and use of the cable communication system; and prescribing penalties for violation of the franchise provisions. City Attorney Andrews stated there is another procedural step which needs to be taken, and that is the Resolution to put this on the ballot. It was MOVED by Wonder, seconded by Hinman that Resolution No. D -3960, providing for the submittal to the electors of the City of Yakima, a proposition as to whether or not a franchise to operate and maintain a cable communication system shall be granted to Cox Cablevision Corporation: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Sparling absent. RESOLUTION NO. D -3960, A RESOLUTION providing for the submittal to the electors of the City of Yakima, Washington, at a special election to be held in conjunction with the State General Election on November 7, 1978, of a proposition as to whether or not a franchise to operate and maintain a cable communications system shall be granted to Cox Cablevision Corporation and requesting the Auditor of Yakima County, Washington, to hold a special election. It was the general consensus of the Council to continue for one week the Fire Department presentation. It was MOVED by Hinman, seconded by Wonder to take off the table the Airport industrial Park LID: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Sparling absent. It was MOVED by Wonder, seconded by Hinman that Resolution No. D -3961, giving intention to create Airport Industrial Park Local improvement District for water for fire service, and setting the time of hearing for October 9, 1978, be passed: carried, Buchanan, Edmondson, Hinman, Lee, Wonder and Beauchamp voting aye on roll call. Sparling absent. RESOLUTION NO. D -3961, A RESOLUTION of intention to create a Local improvement District. SEPTEMBER 18, 1978 It was MOVED by Wonder, seconded by Buchanan that Resolution No. D 3962,, giving intention to create Airport'Industrtal Park Local Improvement District for water for domestic service, be passed: carried, Edmondson, Hinman, Lee, Wonder, Beauchamp and Buchanan voting aye on roll call. Sparling absent. • RESOLUTION NO. D- 3962, A RESOLUTION of intention to create a Local Improvement District. Council next discussed the bids regarding the transit marketing program, Assistant City Manager Zais, stating that this is brought to the attention of the Council so they may review the appropriateness of init a marketing program at this time. He stated that the funding for was budgeted in 1978. Mayor Edmondson stated that Council has received staff reports and recommendations for the bid awards. Mr. Knight, Transit Manager, recommended the bid be awarded to Ilium. He stated that Con'sortium's Program is a can -type program, which is used for every City they bid. Councilman Wonder expressed concern that this program may not pay for itself and suggested a possible fare box rate increase. Following discussion,, it was MOVED by Beauchamp, seconded by Lee that the bid for the transit marketing program be awarded_ to Ilium: carried, Beauchamp, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. , Buchanan voting nay. Sparling absent. It was then MOVED by Hinman, seconded by Wonder to instruct staff to prepare a rate analysis on the transit fares: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Sparling absent. It was MOVED by Hinman, seconded by Buchanan that a Motion ,lnitlating the rezoning of property owned by Clara Voelker at 40 West Mead Avenue, from R -2, Two Family Zone 'to B-1, Modified Business 'Zone, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Sparling absent. • MOTION, A MOTION initiating the rezoning of property owned by Clara M. Voelker at 40 West Mead Avenue in the City of Yakima from R -2, Two Family Zone, to B -1, Modified Business Zone. *It was MOVED by Hinman, seconded by Buchanan that Resolution No. D- 3963, authorizing the City Manager of the City of Yakima to approve certain extensions of City water and sewer services to serve property outside the corporate limits of the City, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. _ Sparling absent. • RESOLUTION NO. D -3963, A RESOLUTION authorizing the City Manager of the City of Yakima to approve certain extensions of City water and sewer services to serve property outside the corporate limits of'the City; and amending Resolution No. D -1250, adopted September 9, 1968„ It was the general consensus of the Council to continue 'the •item of the approval of outside utility request for John Jessup, Jr. for one week, per Mr. Jessup's request. *It was MOVED by Hinman, seconded by Buchanan that Resolution No. D- 3964,•authorizing payment of $28.90 to Patrick S. Evans in settlement of a claim for damages when, the City's sewer line clogged and back up into his basement, be'passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Sparling absent. RESOLUTION NO. D -3964, A RESOLUTION authorizing payment of $28.90 to Patrick S. Evans in settlement of a claim for damages filed with the City of Yakima. It was MOVED by Hinman, seconded by Buchanan that Resolution No. D- 3965, authorizing'payment of $16.85 to Richard Howard in settlement of a claim for damages when members of the Police Department misinformed him regarding recovery of his stolen motorcycle, be passed:• carried, Beauchamp, Buchanan', Edmondson, Hinman, Lee and Wonder voting aye on roll call., Sparling absent. RESOLUTION NO. D -3965, A RESOLUTION authorizing the payment of $16.85 to Richard Howard in full settlement of a claim for damages with the City of Yakima. SEPTEMBER 18, 1978 `It was MOVED by Hinman, seconded by Buchanan that the out -of -state travel for Tom Day, Wastewater Treatment Plant Superintendent, to visit and gather information on plant operations, etc., in Medford, Corvallis, Albany and Salem, Oregon; September 20 - 22, 1978, at a cost of $220, be approved: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Sparling absent. '`It was MOVED by Hinman, seconded by Buchanan to fix a time of hearing on the Robert Pasa Planned Development, for October 2, 1978: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye on roll call. Sparling absent. Fire Chief Carroll explained the proposed ordinance that would es tablish a contractual basis for connection to the City's alarm. system. It was MOVED by Wonder, seconded by Beauchamp that Ordinance No. 2210, authorizing and regulating private fire alarm systems and alarm receiving systems, be passed. Larry Robinson, representing the apartment owner's association, spoke against the passage of this ordinance. He stated that the business owners are helping the Fire Department by installing these systems and should be given credit, instead of charging them a connection fee. Bruce Belfield, Fire Department, explained that the fee is $3.00 per month per transmitter device. He stated that if this system were not available, the businesses would have to go through telephone company at a higher rate. After discussion, the question for the vote on the motion was called: carried, Hinman, Lee, Wonder, Beauchamp, Buchanan and Edmondson voting aye on roll call. Sparling absent. ORDINANCE NO. 2210, AN ORDINANCE relating to fire protection; authorizing and regulating private fire alarm systems and alarm receiving systems connected to or installed within facilities owned or operated by the City; and enacting Chapter 10.03, "private fire alarm systems connection and monitoring ", and Sections 10.03.010, 10.03.020, 10.03.030, 10.03.040, 10.03.050, 10.03.060, 10.03.070, 10.03.080, 10.03.090, 10.03.100, 10.03.110, and 10.03.120 as a new chapter and new sections of the City of Yakima Municipal Code. It was MOVED by Hinman, seconded by Buchanan that Ordinance NO. 2211, amending Yakima Municipal Code re "Six Year Comprehensive Street Program" be passed: carried, Beauchamp, Buchanan, Edmondson, Lee and Wonder voting aye on roll call. Sparling absent. ORDINANCE NO. 2211, AN ORDINANCE relating to streets and sidewalks; repealing Chapter 8.10, "Six Year Comprehensive Street Program ", and Section 8.10.010 and of the City of Yakima Municipal Code. It was MOVED by Lee, seconded by Wonder that September 18, 1978, be set as the time for a meeting with the initiating parties who signed the Notice of Intention to Commence Annexation Proceedings dated September 8, 1978, those initiating parties being Warren H. and Linda L. Ahnell: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. - Sparling absent. Mayor Edmondson inquired of the Ahnell's if they are willing to assume their share of the City's existing indebtedness, whereupon, Mr. and Mrs. Ahnell stated that they are willing to assume their share. It was duly MOVED, seconded and passed that the annexation proposed by Petition No. 931, (Notice of Intention to Commence Annexation Proceedings) be accepted by the City of Yakima and that the area sought to be annexed be required to assume the City's existing indebtedness, and that a Notice of Intention to Annex be filed with the Yakima County Boundary Review Board. The above MOTION was made by Lee and seconded by Buchanan, and carried: Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Sparling absent. Johnny Rance, Executive Director, Southeast Community Center, questioned the status of the tennis courts at Washington Junior High and expressed concern about the possibility of only four courts being built rather than six, because of the expense involved. He asked about how much money would it cost for the architect to develop plans for six courts. Assistant City Manager Zais stated that he does not have those figures this evening, but will get back to Mr. Rance when he has the Information. Carol Darby, Director of Community Development stated that the bids will be opened on the 21st for six tennis courts, with an alternate of four. SEPTEMBER 18, 1978 Patty Huff, telephone caller, asked if a Charter amendment to require a majority vote of 5 members for hiring or firing a City Manager is needed. Councilman Hinman stated that this question was raised last week and it would require a Charter amendment. Mayor Edmondson stated that any citizen can propose a Charter amendment. Raymond Farmer, Jerome Avenue, telephone caller, inquired why they are allowed to tear up.i lines for sewer lines. Mayor Edmondson stated that staff would send him an answer. A citizen caller inquired why the City doesn't put the question on the ballot to see if the. citizens want cable TV. Mayor Edmondson stated that the Charter requires that a firm be named for the franchise in. the proposal. It was MOVED by Wonder, seconded by Hinman that Resolution No. D -3966, giving intention to create Pierce Street Local Improvement Distr,iict for . water and fixing the time of hearing for October 9, 1978: ,carried, .Lee, Wonder, Beauchamp, Buchanan, Edmondson and Hinman voting aye on roll call. Sparling absent. RESOLUTION NO. D -3966, A RESOLUTION of intention to create a local improvement distHct. Items if information supplied to Council were: report from Ken Crawford re cost outline of all programs proposals for the Community Development fund; memo from Fred Andrews re Gerhauser - property at City Shop site. 8/31/78; memo from Airport Division re Richardson Air Show. 9/7/78; notice of Yakima County Council on Aging meeting scheduled for Sept. 20, 1978 at 10:00 AM at the Senior Citizen Center; copy of letter to Harry L. Whitehead from Dick Hilligus, re Junior Academy property. 9/1/78; letter from Eldon Bl .Chairman, ETV Operating Committee re Cable TV. 9/12/78; copy of letter from Carol Darby to Eddie Hill, VISTA Supervisor re subsponsor contract. 9/13/78; letter from Western Environmental Trade Association re air non - attainment. 9/9/78; minutes of Airport Advisory Commission meeting. of 8/9/78; and, minutes of administrative hearing held Sept. 11, 1978. There being no further business to come before the Council, it was MOVED by Beauchamp, seconded by Wonder that this meeting be adjourned at the; - hour of 11:15 PM: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Wonder voting aye by voice vote. Sperling absent. READ AND CERTIFIED ACCURATE BY 1 . _ , _ _ � DATE c? e96. COUN COUNCIL AN ATTEST: Of , Or 1 / ; �.a.� �,i.Co ���, � '— // - A/<% //. /L / CITY CL'K / /' AYOR