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HomeMy WebLinkAbout07/27/1993 Business Meeting 349 CITY OF YAKIMA, WASHINGTON JULY 27, 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 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 Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Jerry Copeland, Director of Public Works, advised Council about a recent vandalism incident in the restroom at one of the parks. A juvenile perpetrator was locked in the restroom by the Park caretaker until the Police responded. Staff was asked to research restitution possibilities. Mayor Berndt proclaimed August 3, 1993 as National Night Out in the City of Yakima in order promote cooperative police /community, crime, and drug prevention efforts. Toni Garnder outlined the schedule of activities for this event. 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. It was the general consensus to remove Item No. 12 from the Consent Agenda. 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 AMENDED, 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. PUBLIC HEARING TO CONSIDER THE SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM (TIP) FOR THE PERIOD OF 1994 THROUGH 1999 This being the time set for the public hearing, Fred French, City Engineer, referred to the TIP as well as the staff report and was available to answer any questions. Council 350 JULY 27, 1993 Member Barnett referred to a potential bond issue for Yakima Avenue improvments and inquired whether there are any plans to make any improvements with existing resources. Mr. French explained that some maintenance work is currently being done on Yakima Avenue. Jerry Copeland, Director of Public Works, described the activity currently taking place, which is happening mainly during evening hours. Council Member - Beauchamp inquired about the 32nd Avenue Park and Ride facility. Mr. Copeland explained funding has been obtained for this parking lot which includes paving and landscaping. Council Member Beauchamp suggested a public hearing be held before proceeding with the project due to the neighborhood's interest in past proposals. Council Member Brado inquired about the wording in Item 30, the 500' South of Lincoln Avenue to Roosevelt Street pavement rehabilitation work should be "North" instead of "South." Council Member Beauchamp inquired about Item No.10, Sidewalk Safety Program. He asked that, from a public safety point of view, alternatives be considered to locate the sidewalk further away from the curb. Mr. French explained the substantial increase in cost to acquire additional right -of- way in order to put in the landscape strip for safety purposes. Mayor Berndt opened the public hearing and asked for anyone present wishing to speak. There being no one wishing to speak, Mayor Berndt closed the public hearing. Resolution No. R- 93 -79, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 93 -79, A RESOLUTION adopting a Six Year Transportation Improvement Program for the period of 1994 through 1999 for the construction of streets and arterial streets in the City of Yakima. 6. AUDIENCE PARTICIPATION David Hawkins, Kids Unlimited, Post Office Box 1776, spoke about the drug problems and his solution. George Pechtel, 116 North 3rd Avenue, recommended Council not authorize a public restroom at the Transit transfer facility due to the expense of the vandalism occurring at City parks. 7. PRESENTATION OF 1993 LEGISLATIVE FINANCIAL IMPACTS Marketa Oliver, Administrative Assistant to the City Manager, presented a brief overview of the costs included in her report which shows that the 1993 Legislative Session had several major financial impacts, over $300,000, for the City of Yakima. Only those costs that can be calculated or reasonably estimated are included in the report. Costs which will be incurred as a result of changes in prevailing 2 351 JULY 27, 1993 wage, binding arbitration, and health care legislation are not included. Ms. Oliver emphasized the positive aspects of the Session to include Criminal Justice funding being renewed, as well as Growth Management Funding, both renewed at a lower level. Probably the largest financial impacts from the last Legislative Session is due to the lowering of the LEOFF II Police and Fire Fighter's retirement age to 55. There are various changes in Workers Compensation legislation, and Unemployment Compensation legislation to impact the City also. These costs, however, do not include increases due to binding arbitration to transit or fire dispatch employees. Other areas of impacts include Water and Sewer, where there was a repeal of the exemption for capital purpose utility revenue designation. There was also an increase in wastewater discharge permit fees. Council Member Barnett expressed concern for what translates as a 1% increase in sewer rates and over a 1% increase in water rates as a pass through. He asked if staff was anticipating coming to the Council to ask for another water rate increase. City Manager Zais stated there is no desire or expectation at this time to request an increase on water rates. However, as previously said, it is felt that a sewer rate increase, if it were passed through, should be brought to Council for consideration. Council Member Barnett emphasized the importance of getting information out to the public. Council Member Semon commented about mandated costs and the expectation that the local government will take care of it. Council Member Brado commented about the Clean Water Act mandates and the ability to pay for that. Another issue that could be reconsidered during the next legislative session is a proposal on sales tax on services whereby municipalities are not exempted. That would be another major impact for the City. Council Member Semon commented that it is vital that the public understands the impacts from mandates from both Federal and State government. City Manager Zais explained that this is part of the objective of this report, to get this message out to the public. Mayor Berndt commented about the effort that has been demonstrated by City Manager Zais who has been working hard on this issue. She also believes the public needs to be made aware of this so that they know what is going on and how it impacts them. Staff was directed to prepare information that will be included as inserts along with the utility bills. Council Member Buchanan suggested that it should be emphasized that these mandates translate into a percentage, along with the fact that water rates, at the present time, are not planned to be increased, but the sewer rate probably will be. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ACCEPT THE REPORT. The motion carried by unanimous voice vote. 3 • 352 JULY 27, 1993 *8. CONSIDERATION OF RESOLUTION AUTHORIZING SPECIAL FIREWORKS DISPLAY TO BE HELD AT YAKIMA SPEEDWAY ON 7/30 - 31/93 RESOLUTION NO. R- 93 -80, A RESOLUTION granting a public fireworks display permit to Western Display Fireworks. *9. APPROVAL OF FINAL CONTRACT PAYMENT FOR CONSTRUCTION OF INDUSTRIAL WASTE FLOWMETERS PROJECT #1481 (STANDARD MOTION VB- ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) The report from Gray & Osborne, Inc., consultant, dated July 20, 1993, with respect to the completion of the work on the Industrial Flowmeter Installation project, performed by Hughes Sillers Construction, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *10. APPROVAL OF 2ND QUARTER 1993 BUDGET REPORT The Second Quarter 1993 Budget Report was accepted. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A FIREFIGHTER PARTNERSHIP AGREEMENT WITH YAKIMA VALLEY OPPORTUNITIES INDUSTRIALIZATION CENTER; S.L.START & ASSOCIATES, INC.; YAKIMA VALLEY COMMUNITY COLLEGE; AND FIREFIGHTER LOCAL 469. RESOLUTION NO. R- 93 -81, A RESOLUTION authorizing and ratifying execution by the City Manager and City Clerk of the City of Yakima, of a Firefighter Partnership Agreement with Yakima Valley Opportunities Industrialization Center; S. L. Start & Associates, Inc.; Yakima valley Community College; and Firefighter Local 469. 12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH ARCHITECTURE ASSOCIATES, ETAL FOR PROJECT DESIGN AND CONSTRUCTION SERVICES FOR POLICE STATION /LEGAL CENTER Council Member Semon commented about paying for professional services for somebody to make sure that whoever gets the bid does what is supposed to be done. Assistant City Manager Rice explained that because this is a Design Build Project, this firm becomes the City's representative. City Manager Zais compared this to projects that required project management services, and commented there is no in -house staff capacity and capability to do that. It is a prudent investment of public funds to do that where there is this magnitude of project to see that accomplished. Council Member Brado asked why somebody is being hired to look over this project as it's being built, when Council hasn't decided where and what will be built and how it will be funded. Assistant City Manager Rice explained the evaluation process and outlined the work that was included 4 353 JULY . 27, 1993 in,the previous contract for preparing the RFP, to work on the preliminary explanation of that RFP, and for preliminary bid conferences and submission of addendums that were issued. That contract ended with that representation of ' services. This is an evaluation of the proposals. The large majority of this work would not take place until the Council makes the decision on what project will be picked and it proceeds. There was further discussion among Council members and staff regarding comprehensive program management services to be provided in the development of a contract to build the proposed Police /Legal Center. City Manager Zais explained that if there is some change or alteration made or, if for some reason, the project were to go on hold for a period of time, the majority of these costs would not be incurred until the Council reaches the decision once the recommendation is presented. Bob Williams, Architecture Associates, 1320 North 16th Avenue, explained that the agreement is on an hourly basis and includes all incurred expenses. He also explained that if the project were to be ; put on hold or a decision was made not to proceed with it, the City would only owe what has been incurred to that point. It is very well documented what is intended to be 'done, what the estimated costs are, and there is a guaranteed maximum cost. There was further discussion and comments among Council members and staff regarding costs and other aspects of this design build project. Council Member Semon reiterated his total support of this project. Resolution No. R- 93 -82, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R A RESOLUTION authorizing the execution of an agreement for comprehensive program management services for the Police Station /Legal Center. 13. CONSIDERATION OF REVISION OF PARKING ORDINANCE FOR CHESTNUT BETWEEN 7TH AND 12TH AVENUES Shelley Willson, Supervising Traffic Engineer, referred to the report and explained staff has reviewed the area and has contacted property owners for their input to address the problem of increased congestion and other concerns expressed by citizens. . After discussing the issue with Sister Margarita Acosta, with St. Elizabeth's Medical Center, her main concern was the area between 10th Avenue and the emergency entrance located at approximately 9th Avenue where the ambulances come in. Staff review indicated there are a lot of residential homes on the north side of Chestnut. After speaking with the residents and explaining that parking could be eliminated on the north side without it being a part of this ordinance for a distance of approximately 100' and would free up that area where the ambulances come and go, residents of the area seemed happy 5 354 JULY 27, 1993 with this suggestion which would not impact their residences to the west. Council Member Buchanan commented that if this ordinance is adopted, parking would be eliminated on the south side, and Sister Acosta is asking for parking to be eliminated on the north side as well as the whole distance between 9th Avenue and 10th Avenue. Ms. Willson explained that in talking with hospital staff, we found they were I/ requesting more parking while Sister Acosta was telling us we could eliminate it. After getting together and comparing notes, we decided to try and assist the ambulances, but leave as much parking as possible in the area. Ms. Willson explained that the property owners' concerns have been satisfied, and they will continue to work with the hospital regarding parking problems. The hospital has installed a lot of parking lots in the past two or three years around their perimeter. Ordinance No. 93 -39, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO ADOPT THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 93 - 39, AN ORDINANCE relating to traffic, prohibiting parking on the south side of Chestnut Avenue from 7th to 12th Avenues with exceptions and amending Section 9.50.050 of the City of Yakima Municipal Code. • 14. OTHER BUSINESS Jerry Copeland, Director of Public Works, extended an invitation to Council members to attend the groundbreaking ceremony for the Public Works Facility Remodel and Beautification on Tuesday, August 3rd. On the subject of the I -82 Interchange project, Mayor Berndt referred to a letter and a memorandum received from County Commissioner Klarich expressing the County's point of view about the project. Council Member Buchanan commented that more money is needed from Yakima County for improvements to Fair Avenue used to access the SunDome and Fairgrounds. Referring to the discussion during the morning meeting, it was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, TO INSTRUCT STAFF AND ENGINEERS TO EXPLORE THE RIGHT TURN ISSUE DISCUSSED DURING THE MORNING MEETING, AND ALSO EXPLORE IT IN A WAY SO THAT IT WOULD NOT CONFLICT WITH PEDESTRIAN TRAFFIC AND TO ADDRESS COUNCIL MEMBER BUCHANAN'S CONCERN BY INCORPORATING FAIR AVENUE INTO THE PROJECT AND SEEK FUNDING FOR THAT AND ALSO THE MERGER LANES; EXPLORE THE COST FEASIBILITY WITH IT AS NEAR TO NINTH STREET AS POSSIBLE AND BRING. BACK A RECOMMENDATION TO US WITHIN TWO TO THREE WEEKS DEPENDING UPON THE AVAILABILITY OF COUNCIL. Mayor Berndt requested clarification of the motion. Council Member Beauchamp explained that these are conceptual requests- addressing concerns expressed at the morning meeting. After questions, 6 355 JULY 27, 1993 comments, and a considerable . amount of discussion among Council members, staff and others, including Gary Lukehart, 1100 East Lincoln, Jerry Foy, 6 North 41st Avenue, and Collie Martin, CH2M Hill, concerning whether to delay for two weeks the decision to proceed with project design and whether or not the requested changes in the project would be feasible to do, Council Member Beauchamp's motion was withdrawn. It was MOVED BY SEMON, THAT THE COUNCIL GIVE AN INDICATION NOW WHETHER OR NOT WE'RE INTERESTED IN MOVING AHEAD ON THIS PROJECT IN GENERAL TERMS AND THE SPECIFICS CERTAINLY HAVE TO BE APPROVED AS WE GO ALONG AND THE QUESTIONS THAT HAVE BEEN RAISED HERE TODAY HAVE TO BE ANSWERED. The motion died for a lack of a second. After more questions, comments and further discussion among Council members, staff and others regarding the estimated costs and items of concern, as well as discussion of other related issues of the I - project, it was MOVED BY BUCHANAN, SECONDED BY BRADO, TO ASK STAFF TO BRING BACK A RESOLUTION TO PROCEED WITH THE PROJECT, BUT TO BRING WITH IT, ESTIMATED COSTS AND FEASIBILITY FOR THE SUGGESTED PORTIONS OF THE PROJECT THAT HENRY BEAUCHAMP BROUGHT UP. City Manager Zais explained that the legislation will authorize final design of the project. It was MOVED BY SEMON, SECONDED BY SIMS, THAT CONCEPTUALLY, WE AS A BODY IN A FORMAL SETTING SAY WE WANT TO DO THIS PROJECT AND THE DETAILS HAVE GOT TO COME TO US AND THE QUESTIONS THAT HAVE BEEN ASKED HAVE TO BE ANSWERED TO OUR SATISFACTION. There was further discussion regarding this motion and the other motion on the floor, as well as continued discussion about the items of concern. After City Manager Zais commented that it is probably appropriate for both motions to be enacted or considered because they both relate to the question how we go forward, the question was called for a vote on the first motion. Mayor Berndt requested Council Member Buchanan restate his motion. The motion carried by unanimous voice vote. The question was called for a vote on the second motion. The motion carried by unanimous voice vote. There was continued discussion and comments among Council members concerning working out the problems in the project. I/ Referring to Agenda Item No. 12, City Manager Zais explained that if this had been a traditional architecturally designed project with a traditional architectural professional service fee, the City would have paid $450,000 or more for architectural design services. As an alternative the design build project has cost about $277,000. Good -byes were said to City Attorney Vanek since this was his last Council meeting. He was wished well in his new position in the City of Olympia and thanked for his service given to the City of Yakima and its citizens. 7 356 JULY 27, 1993 After brief discussion, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO APPOINT CLARENCE BARNETT, HENRY BEAUCHAMP, AND BILL BRADO AS ALTERNATE REPRESENTATIVES TO THE PTBA BOARD. The motion carried by 6 -1 voice vote; Brado voting nay. Information Items: Items of information supplied to Council were:' Memorandum from Fred French regarding North First'Avenue Status Report. 7/22/93; Public'Notice of Information Meeting -- Thursday, July 29, 1993 regarding back flow protection and cross connection inspections. 7/21/.93; Letter from City Engineer to Knobel'•s Electric, Inc. regarding official notification of the award of the North 1st Street and "D" Street Signalization contract. 7/21/93; Monthly report of the Chief of Police for June, 1993; Letter from Ester Huey • regarding "Hip Hop Summer '93.' 7/19/93; Memorandum from Ester Huey regarding newspaper articles about Coalition's activities. 7/19/93; Memorandum from DCD regarding 1994 • CHAS in preparation. 7/19/93; and PAS Memo, American Planning Association newsletter. 7/93 15. ADJOURNMENT • It was MOVED BY BUCHANAN, SECONDED BY BARNETT, TO ADJOURN THE MEETING. The motion carried by unanimous voice vote. The meeting - adjourned at 4:00 p.m. READ AND CERTIFIED ACCURATE BY: , �/ /� 1(,_ /O/ CIL M BER / DATE • ' 5 / 1404 // CO NCIL M :E' DATE ATTEST: CITY CLERK MAYOR MINUTES PREPARED BY DEPUTY CITY CLERK SKOVALD. 8