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HomeMy WebLinkAbout11/23/1993 Business Meeting 39 CITY OF ._YAKIMA WASHINGTON NOVEMBER 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, Skip Semon and Bernard Sims (present after 2:24 p.m.) present on roll call. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) December 1, 1993 was proclaimed World Aids Day. The proclamation was accepted by Alex Park. 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 BUCHANAN, SECONDED BY SEMON, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Sims absent. . (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 NOVEMBER 2, 1993 . BUSINESS MEETING AND NOVEMBER 10, 1993 ADJOURNED MEETING The minutes of the November 2, 1993 Business meeting and November 10, 1993 Adjourned meeting, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. PUBLIC HEARING ON PROPOSED 1994 BUDGET This being the time set for the public hearing, Mayor Berndt opened the hearing for public testimony. Ed Herrell, Ki- • Yak, representing the Agricultural Showcase, requested Council consider being a sponsor of the Agricultural 40 NOVEMBER 23, 1993 Showcase. Scott Jackson, County Commissioner Bettie Ingham, and Glenn Phipps, supported Mr. Herrell in this request. Information was distributed regarding the results of the 1993 Showcase. Commissioner Ingham reported the County committed $35,000 to this event. There being no other citizen present wishing to address this issue, the Mayor closed the public hearing. 7. PUBLIC MEETING ON 1993 CHAS ANNUAL PERFORMANCE REPORT (SEE RESOLUTION ADOPTING REPORT) This being the time set for a public meeting on the 1993 CHAS Annual Performance Report, Dixie Kracht, Housing Services Manager, corrected typographical errors on pages 1 and 3. Mayor Berndt opened the public meeting for public comments. Lee Arnett, President of the Yakima Valley Rental Association, stated that after the CHAS Report was first distributed he spoke with Ms. Kracht about some possible errors in the report. He expressed his appreciation for the cooperation received from Ms. Kracht and commented his Association now believes the report more accurately reflects their concerns in the housing problems in Yakima County. Resolution No. R -93 -120, having been read by title, it was MOVED BY BEAUCHAMP, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Sims absent. RESOLUTION NO. R - 93 - 120, A RESOLUTION adopting the City of Yakima, Comprehensive Housing Affordability Strategy (CHAS) Annual performance Report - FY93. (Council Member Sims present after 2:24 p.m.) 8. AUDIENCE PARTICIPATION Rick Ferringer expressed support of the Greenway Pathway West project, which would extend the pathway from 6th Avenue to 40th Avenue. Jeannette Stoutimore requested close captioning of the Council meetings and local news broadcasts so the deaf community may be kept informed about community events. Wendy Warren, Cable Communications Officer, reported that Ms. Stoutimore and Dan Danielson have been talking with her about this and the possibility of putting together a task force to seek funding for the necessary equipment. They are exploring a public /private partnership with the local I/ television stations. The equipment is estimated to cost $15,000; however, the cost for a court reporter could cost between $20 and $25 per hour. Richard Andring, 203 South 8th Avenue, requested information on the zoning of a house in his neighborhood. Mayor Berndt 2 .., 0 .8 a r . 41 NOVEMBER2 3 , 1993 referred this request; to staff for a response back to Mr. Andring. 9. REPORT FROM ENGINEERING ON GATEWAY FRONTAGE ROAD STUDY PLEASE BRING MATERIAL PREVIOUSLY DISTRIBUTED) Dennis Co ve ll, Director of Engineering and Utilities, reviewed t h e results of the Gateway Frontage Road study prepared by CH2M Hill. The study considered three alternativ for the closure of the frontage road. Alternative one is to maintain the existing operation and add a new concrete barrier between the frontage road and Yakima Avenue. Alternative two is to increase the taper length and shift some of the bridge alignment of Fair Avenue. Alternative three eliminates the frontage road at Yakima Avenue and 9th Street and proposes a new frontage road connection to Pitcher Street. The consultant and staff recommend Alternative Three. He reported that all of the affected property owners were notified by letter and provided with a copy of the summary and maps. One of the ladies, Mrs. Davis, said she could not attend today but wanted a follow -up, which staff will provide. He stated that Don Tranum, CH2M Hill, is present to respond to any questions. Council Member Barnett asked if all the property owners' concerns can be mitigated. Mr. Covell stated his belief that all the business owners' concerns can be mitigated; however, there may be some,loss of access to the two residential properties. Referring to a map, he described the changes that would occur if this alternative is accepted. He reviewed the route the bicyclists would have to use in this area. Mr. Covell responded to Council's questions pertaining to the recommended alternative. Gary Lukehart, Trail Wagons, commented on the pedestrian access. Al Cote, 5606 Englewood, property owner of 916 Terrace Heights Way, expressed concern about the circuitous route that would have to be followed to access Terrace Heights Way if the current access road is eliminated. He pointed out there is a problem now of trying to access Yakima Avenue from 9th Street. He wants to maintain that frontage road access or as much as of it as possible. He indicated he is willing to negotiate the sale of his property. Steve Weaver, representing Weaver Exterminating Services, Kemi -K Products and an apartment building, expressed concern regarding the adequacy of the I/ proposed access road and turning radius to his business by large trucks. He also asked if he would be allowed to install directional signs to his business. He enumerated his concerns regarding street maintenance and impact to property values. Rick Ferringer asked if a bike route would be constructed' to connect the freeway with "B" Street. Mayor Berndt informed him that is not in phase one of the Gateway project; however,_ it is still in the long range plans. Following further discussion, it was MOVED BY BEAUCHAMP, SECONDED BY SEMON, TO ACCEPT ALTERNATIVE THREE AS PROPOSED AND DIRECT STAFF TO PROCEED WITH THE 3 4 2 NOVEMBER 23, 1993 PROJECT. The motion carried by unanimous voice vote. Council Member Barnett commented there will need to be a lot more overall design work on the project before this becomes finalized. Mr. Tranum stated that what was needed today was approval of the concept to move ahead with the design. He will put together a design report and acquisition of property. 10. CONSIDERATION OF REQUEST FOR HEARING EXAMINER TO HEAR SEPA APPEAL REGARDING GREENWAY PATHWAY WEST, FILED BY JOE SCHONS I/ Mayor Berndt stated she would excuse herself from hearing this appeal due to possible conflict of interest. The gavel was passed to the Assistant Mayor and Mayor Berndt excused herself from the meeting at 3:10 p.m. Joe Schons, 4806 West Chestnut, requested that his appeal be heard in front of the Hearing Examiner, who can condense all the material and make a recommendation to Council. Council Member Barnett pointed out the merit of this proposal in regards to the shoreline permit process. Assistant City Attorney Paolella stated that what is before the Council is a SEPA appeal, which he believes Council has the authority to send to the Hearing Examiner. It would come back to Council with a recommendation from the Hearing Examiner. Mr. Schons assured the Council that after checking with the Greenway Board, this delay would not impact their State grant for the project. Following Council deliberation, it was MOVED BY BRADO, SECONDED BY SIMS, TO PROCEED WITH THE DECEMBER 7TH HEARING, AS PREVIOUSLY SCHEDULED. The motion carried by 5 -1 voice vote; Barnett voting nay; Berndt not voting due to possible conflict of interest. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH YAKIMA COUNTY AND PEOPLE FOR PEOPLE FOR TRANSPORTATION OF ELDERLY AND HANDICAPPED CITIZENS RESOLUTION NO. R - 93 - 121, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Yakima County and People for People, Inc., relating to transporting elderly and handicapped citizens. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF WATER MAIN REIMBURSABLE AGREEMENT FOR STRAWN NURSING HOME RESOLUTION NO. R - 93 - 122, A RESOLUTION authorizing the I/ City Manager and City Clerk of the City of Yakima to execute an agreement with Strawn Nursing Home, Inc., for the partial reimbursement of construction cost for a water main extension. 4 43 NOVEMBER 1993 *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PERSONAL SERVICES AGREEMENT WITH INTERIM PERSONNEL RESOLUTION NO. R - 93 - 123, A RESOLUTION authorizing the execution of a consulting services agreement with Interim Services. 1/ 0 14. CONSIDERATION OF LEGISLATION RELATING TO FINANCING OF THE POLICE STATION /LEGAL CENTER (AVAILABLE MONDAY EVENING ): Mayor Berndt present and presiding at 3:20 p.m. City Manager Zais introduced this topic of discussion, commenting that the cable TV tax ordinance and bond sale ordinance were prepared by the City's consultant, Preston, Thorgrimson, et al. Also provided is a debt service factor prepared by John Rose, Seattle Northwest Security. Council Member Barnett was assured by staff that the cable TV tax ordinance was specifically written to allow the cable TV company to pass on the cost for this tax to its customers. Staff responded to other questions posed by Council Member Barnett regarding the cable TV tax ordinance and the bond sale ordinance. Discussion occurred regarding a comparison of cable TV rates between Yakima and Toppenish and whether TCI would absorb or pass on the proposed tax to its customers. City Manager Zais distributed information on comparison of costs with other cities. Gary Bailey, Manager of TCI, addressed the Council, referenced his previous letter, and commented about his disappointment that Council would consider having cable subscribers help support the law and justice center, especially since cable service is only provided to 50% of the community. He asked about a clause in the taxing ordinance which would terminate the tax after the bonds have been paid. Mr. Bailey reported his attorneys research indicate that unless the tax is specific to cable, then it cannot be passed on to the consumer. He stated, as they read the proposed ordinance, TCI will not be able to pass this tax onto the consumer. City Manager Zais disagreed with that assessment, stating the City's legal consultant, working with Federal and State statutes, believes this language best fits within the law to allow TCI to pass this tax onto the consumer. Assistant. City Attorney Paolella responded that the extensive research done by Preston, Thorgrimson attorneys included I/ calls to the FCC and the State. Mr. Bailey expressed his concern about passing this tax to his customers; he will lose some customers to his competition who does not have a franchise with the City because their service is provided over- the -air. Richard Andring, 203 South 8th Avenue, stated this is a community project, which he favors; however, he is unhappy about this particular funding mechanism. He commented he would support a bond issue which everyone would fund. He commented that if TCI loses its customers, the City will lose its franchise fees. Larry Mathews, 805 South 17th Avenue, questioned Council about the amount of funds needed • 5 4 4 NOVEMBER 23, 1993 to build this facility now, compared to when the facility was first considered; $3 million versus $5.3 million. Daniel, a member of the deaf c`c.mmunity, stated TCI should not be charged half of the money to support the police station. He suggested it would be better to use that tax to help pay for the equipment to allow the deaf to know where their tax money is going. Joy Kelleigh, 4405 North Avenue, disagreed with I/ using this funding source for the police station. Verna Beggs, 1204 East Spruce Street, stated she agrees about the need for the police station, but does not favor the downtown location. She is opposed to the cable tax and will cancel her cable. subscription if the tax is imposed. A. ORDINANCE AMENDING THE MUNICIPAL CODE TO PROVIDE FOR A TAX ON CABLE TV Ordinance No. 93 - 107 having been read by title only, it was MOVED BY SIMS, SECONDED BY SEMON,' T.O PASS THE ORDINANCE. The motion carried by 5 -2 vole'e vote; Barnett and Brado voting nay. Council Member Beauchamp commented he would like to continue pursuing a more equitable funding source. ORDINANCE NO. 93 -107, AN ORDINANCE relating to license fees or taxes upon persons in the business of furnishing cable television service; adding a new section 5.50.065 to the City of Yakima Municipal Code; and providing for related matters. B. ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BONDS Ordinance No. 93 - 108, having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY SEMON, TO PASS THE ORDINANCE. Following discussion regarding wording in the ordinance relating to the bond issue if the facility is not built, it was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, • TO AMEND THE MOTION TO DELETE, IF NOT LEGALLY REQUIRED IN THE ORDINANCE,' THE WORDING ON PAGE FOUR, IN THE FIFTH LINE FROM THE BOTTOM, "OR THE CITY DETERMINES NOT TO PROCEED WITH ANY ACQUISITION OR IMPROVEMENTS, OR ANY PORTION THEREOF." The motion carried by unanimous voice vote. The question was called for a vote on the motion, as amended. The motion carried by 5 -2 roll call vote; Barnett and Brado voting nay. Council Member Buchanan requested staff to research the possibility of imposing an equal tax on TCI's competition. I/ ORDINANCE NO. 93 -108, AN ORDINANCE of the City of Yakima, Washington authorizing the issuance and sale of limited tax levy General Obligation Bonds of the City in the aggregate principal amount of not to exceed $6,800,000 to provide part of the money necessary to finance the 6 45 NOVEMBEk*23, 1993 acquisition, construction and- equipping of a Law and Justice Center and Police Station and certain highway improvements for the City and to pay bond issuance costs; fixing the date, form and covenants of said bonds; providing for the annual levy of taxes to pay the principal of and interest on said I/ bonds; and authorizing the sale of such bonds. *15. FIRST READING OF AN ORDINANCE AMENDING THE 1993 BUDGET AND APPROPRIATING FUNDS FOR EMERGENCY REPAIR WORK TO THE TROLLEY SYSTEM ( NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1993 budget and appropriating funds for emergency repair work to the overhead feeder wire system of the trolley lines, having been read by title only, was laid on the table for one week, until November 30, 1993. *16. CONSIDERATION OF A CORRECTION ORDINANCE INCREASING THE TAX RATE APPLICABLE TO WATER AND SEWER SERVICE RECEIPTS ORDINANCE NO. 93 - 109, AN ORDINANCE relating to water and sewer revenue tax; increasing the tax rate applicable to water and sewer service receipts; and amending Subsection 7.64.010C of the City of Yakima Municipal Code. 17. OTHER BUSINESS Mayor Berndt thanked Council for the opportunity of attending an event for the APEC meeting last Friday. She reported the reception was an incredible experience. Information Items: Items of information supplied to Council were: Notice of public hearing before the Yakima County Commissioners regarding a proposed 1994 disposal fee schedule 11/2/93; Agenda for the November 22, 1993 Hearing Examiner meeting; Letter from State Department of Ecology regarding Centennial Clean Water Fund grant /loan process and public workshop meeting schedule. 11/10/93; News Release regarding Yakima Transit Extends Hours of Operations During Holidays. 11/18/93; Correspondence from And -Fly Thoroughbred Farm regarding local and state support of horse racing industry. 11/1/93; Memorandum from Deputy Fire Chief regarding Mary LaMotte's letter of appreciation for Tony Sloan's assistance;. Assignments pending in Office of Environmental Planning as of November 23, 1993; Community Response, Yakima County Substance Abuse Coalition Newsletter; Volume 10, No. 10, November 1993; and'A Briefing on Yakima County Economic Trends, presented to Economic Outlook: 1994, by Gary W. Smith. 11/17/93 7 46 NOVEMBER 23, 1993 18. EXECUTIVE SESSION REGARDING PENDING LITIGATION: A. CLIESE DAMAGE CLAIM /LITIGATION B. BUTLER VS CITY OF YAKIMA , It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION FOR THE TWO ITEMS LISTED, FOLLOWED BY IMMEDIATE ADJOURNMENT TO MONDAY, NOVEMBER 30TH AT 9:00 A.M. City Manager Zais reported there is a third item of discussion regarding prospective litigation pertaining to a damage claim filed by Zamarripa. The question was called for a vote on the motion. The motion carried by unanimous voice vote. 19. ADJOURNMENT TO NOVEMBER 30, 1993 ADJOURNED MEETING AT 9:00 A.M., COUNCIL CHAMBERS, FOR BUDGET STUDY SESSION WATER, WASTEWATER, AND ENGINEERING) Following the conclusion of the Executive Session, the meeting adjourned at the hour of 5:00 p.m. 0 , 4 `1 -7 READ AND CERTIFIED ACCURATE BY: - / /1 f" _ o , .._ COUNCIL MEMBER DATE -ileserli 3 - COUNCIL MEMBER DATE ATTEST: /61}1.2—vt-- 2 ( \Z5.4M CITY CLERK MAYOR An audio and video tape of this meeting are available in the City Clerk's Office. II 8