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HomeMy WebLinkAbout02/23/1993 Business Meeting 159 CITY OF YAKIMA, WASHINGTON FEBRUARY 23, 1993 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, Council Members Clarence Barnett, Henry Beauchamp, Bill Brado, Lynn Buchanan, and Bernard Sims present on roll call. Council Member Skip Semon absent and excused. City Manager Zais, City Attorney Vanek, City Clerk Roberts (present after 2:20 p.m.), and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The invocation was given by Council Member Henry Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS February 25 -27, 1994 was announced as the dates for the Washington State Winter Games to be hosted by Yakima. Judy Jacobson, Chairperson for the events, presented sweatshirts to Council members and introduced sponsors from agencies and businesses. Mel Wagner and Cal Remke described plans for the games and explained the importance of sponsors. Dr. Paul Kilpatrick, from Yakima Valley Community College, introduced LIFT Students Joshua Henretig and Jenny Johnson. Mayor Berndt welcomed them and invited their participation. Council Member Brado suggested the Schumacher bequest be used for park development as requested by the North Central Coalition. City Manager Zais indicated staff will prepare a report for Council. City Manager Zais reported on the status of the West Valley negotiations, reviewing the City's response to West Valley's proposed agreement. A March 1st meeting has been scheduled with them. Today there was a press announcement from West Valley released concerning the proposal. In view of that, a press release from the City will be prepared to respond to that. 160 FEBRUARY 23, 1993 4. CONSENT AGENDA Mayor Berndt 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 SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp temporarily absent; Semon absent. (Subsequent paragraphs preceded by as asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF THE FEBRUARY 9, 1993 ADJOURNED MEETING The minutes of the February 9, 1993 Adjourned meeting was approved, having been duly certified accurate by two Council Members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION A. APPEARANCE BY PETE KRIER, CPA, MOSS ADAMS AND COMPANY REGARDING OPTIONS FOR PERSONAL SERVICES CONTRACTS AND REQUIREMENTS FOR INDIVIDUAL EMPLOYMENT Pete Krier, CPA from Moss Adams Company, made a presentation about taxes that are required of employers when they employ individuals for domestic work or other personal services contracts. He provided examples of how to determine whether those people who work for you are an "employee" or an independent contractor. Mr. Adams explained which IRS forms to file and reviewed the income guidelines for State and Federal unemployment taxes and warned about penalties that can be imposed if these taxes aren't paid. Bob Shampine, Code Administration Manager, reviewed some guidelines regarding business license requirements pertaining to individual employment. B. APPEARANCE BY JOHN KLINGELE REGARDING PROPOSED WATER RATES John Klingele, 1312 West Walnut, gave a presentation on water rates. He proposed that the current six tier rate be reduced to a four rate structure., as well as making 2 161 FEBRUARY 23,- 1993 other suggestions regarding water rates. It was suggested Mr. Klingele submit his recommendation to the Utility Rate Advisory Commission. Larry Mathews, 805 South 17th Avenue, spoke regarding water rates and stated water is sold at less than costs. (Council Member Beauchamp present at 3 :00 p.m.) Agenda Item No. 8 was considered out of sequence on the agenda. • 8. PRESENTATION OF REBOUND PLUS 1992 ANNUAL REPORT Glenn Valenzuela, Director of Community & Economic Development, introduced David Wheeler, Vice - President from First Interstate Bank, who presented $5,000 for the Yakima Substance Abuse Coalition. Irene Gutierrez, Rebound Administrator, presented her report that included statistics and results of the Rebound Program that address the vacant, abandoned, and dilapidated properties located throughout Yakima, as well as reviewing the Neighborhood Improvement Program which included residents involved in neighborhood cleanup of alleyways and lots. After further discussion and comments among Council members regarding future funding for this program, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO ACCEPT THE REPORT. The motion carried by unanimous voice vote; Semon absent. 7. REVIEW OF FINAL REQUEST FOR PROPOSALS FOR POLICE STATION /LEGAL CENTER City Manager Zais provided background information regarding the RFP and architect's report. It is a project intended to satisfy legal requirements, save the taxpayers money, encourage initiative, and will be subject to Council review. It is hoped the RFP can go out March 1st. A preliminary bid conference is planned so that contractors can have an opportunity to ask questions about requirements and details of the project. There was further discussion regarding a project manager to protect the City's interests in this I/ project. City Attorney Vanek provided legal explanation about RFP requirements. Kathleen Ellis, from Washington Central Railroad, suggested leased property that is not salable be considered for this project. There was further discussion among Council members regarding leasehold properties. City Attorney Vanek 3 162 FEBRUARY 23, 1993 provided legal explanation referring to lease purchase financing and purchase of leasehold properties. Mr. Vanek stated the RFP would have to be altered to accommodate this request. There should be specifics included about the number of years the lease would be available and information regarding any reversionary clauses. Dan Tilley, 313 North, was in favor of consideration of some sort of lease consideration in order to reduce costs. He commented on the length of time it takes to get the results of an environmental study. He stated it would be wise, on the City's part, not to accept a bid that does not have the environmental study done. Don Moen, Building Contractor, commented on the amount of time and cost to put the proposal together. He commented that the City would be money ahead to select an architect and get a design, and then go out for construction bids. John Sanders, Gridline, commented about the environmental review and the time frame issue. He suggested more time be allowed. Bob Williams, Architect Associates, stated the City is asking for a conceptual design with sufficient data to evaluate what is being proposed; not asking for construction documents. Council recessed at 4:00 p.m. until 4:10 p.m. (Council Member Beauchamp present at 4:30 p.m.) After further discussion among Council members and those citizens speaking to this issue, it was MOVED BY SIMS, SECONDED BY BARNETT, TO INCREASE THE TIME FRAME TO 100 DAYS. It was MOVED BY BRADO, SECONDED BY SIMS, TO AMEND THE MOTION TO INCLUDE LEASE AND LEASE OPTION PURCHASE PROPERTIES. George Pechtel encouraged the lease option consideration because of high property values and the lease option consideration would be a way to get the building built and to save money. There was discussion among Council members and staff about rising costs and various options to consider. It was MOVED BY • BUCHANAN, SECONDED BY SIMS, TO WITHDRAW THE AMENDMENT. There was further discussion among Council members and staff regarding Leasehold and Lease Purchase consideration. There was legal explanation provided by John Vanek, City Attorney, regarding the differences between Leasehold and Lease/ Purchase and the possible effects of 4 1 63. FEBRUARY 23,- 1993 each, as well as the length of the lease that would be considered and how it would fit into the current bid I/ process. The question was called for a vote on the motion. The motion carried by unanimous vote; Semon absent. There was continued discussion regarding leasehold options or purchase of property and the need to make comparisons when the proposals come in so that recommendations are based on the best proposal when the bids are evaluated. IT WAS MOVED BY BUCHANAN, SECONDED BY SIMS, TO STRIKE THE PHRASE THAT PROHIBITS SOMEONE FROM BEING ON SEVERAL TEAMS. It was MOVED BY BRADO, SECONDED BY SIMS, TO AMEND THE MOTION TO INCLUDE THE CONSIDERATION OF BID PROPOSALS THAT HAVE LEASEHOLD PROPERTY INVOLVED FOR 50 YEARS, WITH A 50 YEAR RENEWAL OPTION. The motion carried by 4 -2 roll call vote; Berndt and Buchanan voting nay; Semon absent. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO APPROVE AND AUTHORIZE ISSUANCE OF THE RFP AS AMENDED. The motion carried by unanimous voice vote; Beauchamp and Semon absent. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT WITH HDR FOR METRO PLANNING SERVICES RESOLUTION NO. R- 93 -12, A RESOLUTION authorizing execution of assignments regarding subconsultants' agreements involving HDR Engineering, Inc. and professional services for the Metropolitan Yakima Comprehensive Plan project (06539- 028 - 002). *10. CONSIDERATION OF RESOLUTION AFFIRMING THE APPEAL OF THE HEARING EXAMINER'S DECISION REGARDING RETIREMENT HOME ON 40TH AVENUE RESOLUTION NO. R- 93 -13, A RESOLUTION reversing the Decision of the Hearing Examiner an denying approval of a Class 3 application for a retirement home at 213 South 40th Avenue. *11. CONSIDERATION OF JOINT RESOLUTION WITH YAKIMA COUNTY AUTHORIZING FILING OF IAC GRANT FOR GREENWAY SOUTH IMPROVEMENTS I/ RESOLUTION NO. R- 93 -14, A RESOLUTION authorizing execution of an agreement for project grant for outdoor recreation account for Yakima Greenway Trail - South, Project Number 92 -111 and establishing responsibilities of the County. 5 164 • FEBRUARY 23, 1993 *12. REPORT FROM FINANCE REGARDING 1991 STATE EXAMINER'S AUDIT The report from the Finance Department regarding the 1991 State Examiner's Audit was accepted. 13. OTHER BUSINESS Police Chief Green presented a report on the proposed legislative amendments to the sentencing guidelines. Reduced sentencing to under one year would result in over crowding of the County jails. Dennis Covell, Director of Engineering & Utilities, gave a status report on the 1-82 project. The Department of Transportation has indicated, because we don't have a fully funded project, they have concerns and want to defer Ramp J construction until funding has been secured. Bob Shampine, Codes Administration Manager, provided additional information regarding the proposed ordinance to amend the Municipal Code regarding business license exemptions for businesses selling its own fruit. Referring to Agenda Item No. 7, it was MOVED BY BRADO, SECONDED BY SIMS, TO AMEND THE PREVIOUS MOTION TO INCLUDE IN THE LEASE, THE LESSOR IS TO GIVE THE CITY FIRST RIGHT OF REFUSAL FOR THE PURCHASE OF THAT PROPERTY. The motion carried by unanimous voice vote; Beauchamp and Semon absent. It was MOVED BY BRADO, SECONDED BY SIMS, TO REAPPOINT DIANA MCLACHLAN TO THE LOCAL REVIEW BOARD FOR HISTORIC PROPERTIES. The motion carried by unanimous voice vote; Semon absent. Information Items: Items of information supplied to Council were: Agenda for February 25, 1993 Hearing Examiner meeting; Agenda for February 24, 1993 Police and Fire Civil Service Commission meeting; Agenda for March 4, 1993 joint meeting of 1-82 Project Engineers and Downtown Area redevelopment committee; Letter from CH2M Hill regarding Yakima Avenue /I -82 Interchange and Fair Avenue January 1993 Progress Report and invoice. 2/11/93; Memorandum from COG regarding STP Transportation Funding Allocation. 2/16/93; Monthly Report of the Chief of Police for January 1993; and Washington icy 6 16 FEBRUARY 23, 1993 Choices, Institute for Public Policy and Management Winter 1993, Volume 2, Issue 2. 14. EXECUTIVE SESSION REGARDING PENDING LITIGATION It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY TEN MINUTES FOR THE PURPOSE OF DISCUSSING PENDING AND PROSPECTIVE LITIGATION, TO BE FOLLOWED BY IMMEDIATE ADJOURNMENT TO MARCH 2, 1993, 7:30 AM AT YAKIMA CENTER BOARD ROOM FOR COUNCIL /DEPARTMENT DIRECTORS MINI- RETREAT. The motion carried by unanimous voice vote; Semon absent. 15. ADJOURNMENT TO MARCH 2, 1993, 7:30 A.M., YAKIMA CENTER BOARD ROOM FOR COUNCIL /DEPARTMENT DIRECTORS MINI - RETREAT Following the conclusion of the Executive Session, the meeting adjourned at 5:40 p.m. READ AND CERTIFIED ACCURATE BY: / ' Co NCIL MEMBER .DATE t i `` / Lf _ COUNCIL MEMB " DATE ATTEST: CITY CLERK MAYOR MINUTES PREPARED BY DEPUTY CITY CLERK SKOVALD. 1 7