HomeMy WebLinkAbout09/14/1993 Business Meeting 413
CITY OF YAKIMA, WASHINGTON
SEPTEMBER 14, 1993
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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, Lynn Buchanan, Skip Semon and Bernard Sims present
on roll call. Council Members Henry Beauchamp and Bill
Brado absent and excused. City Manager Zais, Assistant City
Attorney Carberry, and City Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member
Buchanan.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
It was MOVED BY SIMS, SECONDED BY BARNETT, THAT BRIAN
CAMPFIELD AND ELLIOT ABRAMOVITCH BE APPOINTED TO
FILL TWO VACANCIES ON THE COMMUNITY PROGRAMMING
ADVISORY COMMITTEE. The motion carried by unanimous
voice vote; Beauchamp and Brado absent. Mr. Campfield's
term of service will expire September 29, 1997 and
Mr. Abramovitch's term of service will expire September 29,
1994.
Council Member Buchanan commented that a procedure needs to
be established to notify alternates to Council Committees
when the primary representative is unable to attend a
meeting. Mayor Berndt suggested the primary representative
notify Debbie Moore, City Manager. /Mayor Secretary, if an
alternate representative needs to be contacted to attend a
committee meeting.
A. PROCLAMATIONS (IF APPLICABLE)
September 18, 1993 was proclaimed as Unity March Day. The
proclamation was presented to David Jaramillo who
distributed flyers about the march.
I/ 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.
She asked if an off - agenda item, No. 19A, regarding a right -
of -way use permit can be included in the Consent Agenda. It
was the general consensus of the • Council to add Item No. 19A
to the Consent Agenda and remove Item No. 13 from the
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SEPTEMBER 14, 1993
agenda, at the request of the City Manager. 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 and Brado absent. (Subsequent paragraphs preceded
by an asterisk ( *) indicate items on the Consent Agenda
handled under one motion without further discussion.)
5. PUBLIC MEETING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION
ON THE AMENDED FINAL. PLAT FOR CHESTNUT GROVE
This being the time set for a public meeting, Larry Lehman,
Associate Planner, stated that in September, 1992 the
Council approved the preliminary replat of Chestnut Grove.
He stated the conditions contained in that approval have
been met and the applicant submitted the final plat for
Council's approval. The staff recommendation is to approve
the final plat. Mayor Berndt opened the public meeting for
public testimony. Tim Monahan, 203 So. 70th Avenue, stated
he is the developer of this subdivision and is available to
respond,to any questions. There being no other citizen
wishing to speak to this issue, the public meeting was
closed. Resolution No. R -93 -96 having been read by title,
it was MOVED BY SIMS, SECONDED BY SEMON, THAT THE
RESOLUTION BE ADOPTED. The motion carried by unanimous
voice vote; Beauchamp and Brado absent.
RESOLUTION NO. R 93 - 96, A RESOLUTION approving the
Chestnut Grove final replat submitted by Tim Monahan, in the
vicinity of North 50th Avenue between Chestnut and
Summitview Avenues, and authorizing the Mayor to sign the
final replat.
6. AUDIENCE PARTICIPATION
None.
A. PRESENTATION FROM DAN PATTON REGARDING TOWER PROJECT
The presentation was postponed to an unspecified date.
7. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS DEBRIS AND
ABATEMENT PROGRAM
Leonard Hall, Supervising Code Inspector, requested that the
property at 1017 So. 25th Avenue be removed from the list.
There being no citizen present to speak to this issue, and
Resolution No. R -93 -97 having been read by title, it was
MOVED BY BUCHANAN, SECONDED BY SIMS, THAT THE
RESOLUTION BE ADOPTED. The motion carried by unanimous
voice vote; Beauchamp and Brado absent.
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RESOLUTION NO. R- 93 -97,, A RESOLUTION authorizing the 4 1 5
Code Administration Manager'to clear certain weedy lots.
8. RECONSIDERATION OF RESOLUTION AUTHORIZING AMENDMENT TO THE
CH2M HILL CONTRACT FOR DESIGN AND RIGHT -OF -WAY ACQUISITION
FOR I - GATEWAY PROJECT • (REMOVE ITEM FROM TABLE PRIOR
TO DISCUSSION)
It was MOVED BY BARNETT, SECONDED BY SIMS, TO REMOVE
THIS ITEM FROM THE TABLE. The motion carried by
unanimous voice vote; Beauchamp and Brado absent.
Dennis Covell, Director of Engineering and Utilities,
commented that the agreement before the Council is
Supplement No. 2 to the existing agreement with CH2M Hill,
for the design of the Gateway Project and for right -of -way
acquisition. Included in the design is a segment where
alternative services will be provided and covers the Value
Engineering Proposals (VEP) and the design comments, which
was acted upon last week. They are only triggered by the
City's written consent. CH2M Hill plans to utilize 9.46%
WMBE. The estimated cost for Phase 3 is $1,894,172; 68.07%
is TIB monies, amounting to $1,289,363 approximately
$604,000 comes from local funding. A Value Engineering
Study will be done during this phase to verify the best
techniques and methods are being utilized. The staff
recommendation is that this agreement be approved. He
explained that due to the time delay, the original agreement
was used, with modifications. The consultant knows the VEPs
will be done and which signals have been removed. He
assured Council that this agreement is clearly understood by
the consultant. The consultant has given up $162,216 by a
letter dated May 13, 1993. There is a fee in the agreement,
over and above the credit for that letter, that covers the
add -on of the "B" ramp and the signal at Fair and Pacific,
and the VEPs. City Manager Zais commented that with regard
to the matching dollars, which came up in connection with
some budget discussions earlier, the price reflects the City
with a $2,056,000 local match. A significant part of that,
$1.2 million, is a bond. What is not in that number is
something customarily done, and that is utility relocation
work, which will be an additional expense. In this case, it
could be a fairly significant amount of money, particularly
for sewer. City Manager Zais stated that an as yet
undetermined amount of money will be reserved in the 1994
budget for utility relocation costs. Mr. Covell stated it
I/ could be in the $100,000 to $300,000 range for water and
sewer; however, without a design, that figure is only a
guess. Council Member Buchanan stated he thinks it is
ridiculous to put in a five -lane highway and expect
pedestrians to walk across at both ends to get on the
pedestrian pathway; the same for bicycles. He also
expressed concern about the "J" ramp being a 5% grade, which
could be hazardous for trucks during poor winter driving
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SEPTEMBER 14, 1993
conditions. Mr. Covell stated the Value Engineering team
reviewed, but did not comment on that aspect of the project.
Resolution No. R- 93 -98, having been read by title, it was
MOVED BY SIMS, SECONDED BY SEMON, THAT THE
RESOLUTION BE ADOPTED. The motion carried by 4 -1 roll
call vote; Buchanan voting nay; Beauchamp and Brado absent.
RESOLUTION NO. R 93 - 98, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
a Supplement #2 to the agreement with CH2M Hill for
professional services.
9. CONSIDERATION OF LEGISLATION REGARDING NOB HILL WATER
ASSOCIATION FRANCHISE
Assistant City Attorney Paolella distributed maps of the
area Nob Hill Water Association serves inside the City
limits. He stated, the ordinance would grant a 25 year
franchise to Nob Hill Water Association for the right to
operate within the public rights -of -way and streets in the
City of Yakima. There is a 2% annual fee based upon the
gross income of Nob Hill Water services within the City.
There is a provision in Section 24 that deals with the
possibility of a duplication of services whereby a newly
developed area might be able to get either City or Nob Hill
Water.
John Klingele, 1312 W. Walnut, referenced page 7 of the
ordinance which talks about having monthly water meter
readings and commented the City has bi- monthly readings. He
commented there is no provision for acceptance of estimated
readings. He also commented that the transmission of water
meter readings should not be limited to the list in the
ordinance since technology is changing rapidly and this is a
25 year franchise. Another area of concern is found in
Section 23 of the ordinance and the conflict with Municipal
Code Section 7.68.060 regarding depth of water mains. He
also expressed concern that no requirement regarding fire
hydrants is contained in this ordinance. Council Member
Barnett stated he spoke to staff about the fire hydrant
issue and was told that would be a land use issue. He
stated he also spoke to staff regarding alternative wording
regarding the transmission of information. Mr. Paolella
stated Council could insert a clause where it talks about
the methods to transmit water meter readings, to state "or
other future data technology agreed to by both parties." He
further stated that Nob Hill Water Association reviewed the
ordinance and accepted it. Preston Shepherd, Nob Hill Water
Association, stated they are going to use a communication
modem via the telephone between the two computers. He
stated he doesn't have a problem with the wording in the
ordinance, but would accept an addition which would state
"or any other appropriate method of transmission."
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SEPTEMBER 14, 1993 4 1 7
Joe Schons, 4806. W. Chestnut, asked if this is a new
franchise or the renewal of an existing franchise.
Mr. Paolella stated it is the first franchise with the City;
however, the City has honored the Association's franchise
with the County when property served by the Association was
annexed by the City. Mr. Schons questioned staff and Mr.
Shepherd about contingency plans for water service if for
some reason the Association could not adequately serve that
area with water. He was advised about an agreement between
the two entities to assist each other in times of water
shortages through two inter -ties. Mr. Schons also suggested
a projection of water usage in five year increments and a
contingency plan should be included in the franchise.
Mr. Shepherd reported they are required to prepare and file
a comprehensive plan with the Department of Health.
Mr. Schons asked if the one million dollar insurance policy
is sufficient for personal injury and property damage. He
stated a contingency plan and a written mutual assistance
agreement should be included in the franchise. He further
stated the franchise should be granted for only five years
to allow for review of hook -ups and water availability.
Mayor Berndt commented that this franchise simply allows Nob
Hill Water Association to operate within the City limits;
however, the rules under which they operate are covered by a
separate agency. Mr. Paolella stated this franchise was
written to comply with the City Charter, make it consistent
and compatible with other City franchises, and make it
compatible as much as possible with other County franchises.
Council Member Semon stated this franchise has to be
approved by a vote of the people. Mayor Berndt asked who
will be responsible for informing the public about this
ballot proposition. City Manager Zais stated the City has
the option of putting out a fact sheet and Nob Hill Water
can make its own efforts to advertise to the voters.
A. ORDINANCE GRANTING DOMESTIC WATER FRANCHISE
Ordinance No. 93 - 86, having been read by title only, it was
MOVED BY BUCHANAN, SECONDED BY SEMON, TO PASS THE
ORDINANCE. The motion carried by unanimous roll call vote;
Beauchamp and Brado absent.
ORDINANCE NO. 93 - 86, AN ORDINANCE granting to Nob Hill
I/ Water Association, a Washington Association, its successors
and assigns, a domestic water franchise and the right to
construct, operate, and maintain a water distribution system
in the City of Yakima, Washington, and prescribing the terms
of such grant.
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SEPTEMBER 14, 1993
B. RESOLUTION CALLING FOR SPECIAL ELECTION
Resolution No. R- 93 -99, having been read by title only, it
was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE
RESOLUTION BE ADOPTED. The motion carried by unanimous
roll call vote; Beauchamp and Brado absent.
RESOLUTION NO. R- 93 -99, 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 of November 2, 1993, of a proposition
and ordinance granting to Nob Hill Water Association, a
Washington Association, its successors and assigns, a
domestic water franchise and the right to construct,
operate, and maintain a water distribution system in the
City of Yakima, Washington.
10. REPORT FROM COMMUNITY DEVELOPMENT REGARDING PROPOSED YAKIMA
COUNTY MICRO LOAN PROGRAM /FUNDING REQUEST
Glenn Valenzuela, Director of Community and Economic
Development, stated that in the summer of 1993, the
Washington Association of Minority Entrepreneurs and eight
local banks announced the Micro Loan Program, which would
make funds available to small businesses in small amounts up
to $50,000. The City has been asked to make a one -time
commitment in the amount of $52,500 to secure any defaulted
loan that may occur in the program. He stated the use of
CDBG, UDAG and federal funds to guarantee loans have been
used effectively throughout the country. Responding to
Council Member Barnett's concern about the conflict with
Article 8 of the State Constitution regarding the gift of
public funds, Mr. Valenzuela stated there is an Attorney
General Opinion which indicates that federal funds, acts as
a conduit, to allow City and jurisdictions in the state to
accomplish the objectives of Title 1 of HUD regulations. He
stated staff is recommending this report be accepted and
that this program be submitted to the Council Committee on
Economic Development for further review. This would not go
into effect until January of 1994. Paul Campbell,
representing Pioneer National Bank, and Hector Franco and
Ms. Luz Gutierrez, representing the Association of
Washington Association of Minority Entrepreneurs, spoke in
favor of this program. It was MOVED BY BARNETT,
SECONDED BY BUCHANAN, TO ACCEPT THE REPORT AND REFER
THE PROPOSAL TO THE COUNCIL COMMITTEE ON ECONOMIC
DEVELOPMENT TO WORK WITH STAFF AND THE NON - PROFIT
GROUPS IN ORDER TO CLARIFY THE STAFF ISSUES AND
QUESTIONS. The motion carried by unanimous voice vote;
Beauchamp and Brado absent.
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SEPTEMBER 14, 1993
11. REPORT ON STATUS OF GROWTH MANAGEMENT ACT (Continued from
9/7/93 meeting)
John Elsden, Associate Planner, reported that on Wednesday
and Thursday of this week, eight neighborhood meetings, four
each night, will be held throughout the City. The purpose
of the meetings is to inform the residents about the Growth
Management Planning process currently underway and to
receive input about specific neighborhood needs. He stated
the September 25th meeting will be changed tentatively to
October 9th, so as not to conflict with the fair. He stated
Council was provided with a schedule of these meetings and
the proposed agendas. Mr. Elsden stated there have been six
growth management meetings with the County, City and Union
Gap, involving almost 300 people. The -next step is for the
Vision Committee to write their report based on the
recommendations and then come to the various planning
committees throughout the valley. The state law requires
that all the cities adopt an Urban Area Growth policy.
*12. CONSIDERATION OF RESOLUTION GRANTING PERMIT FOR FIREWORKS
DISPLAY
RESOLUTION NO. R -93 -100, A RESOLUTION granting a permit
to Fall Fitness Games '93 for the public display of
fireworks at Zaepfel Stadium on September 18, 1993.
13. SET DATE OF PUBLIC HEARING FOR SEPTEMBER 28, 1993 ON THE
16TH /LINCOLN AVENUES ANNEXATION
This item was removed from the agenda.
*14. APPROVAL OF SECOND QUARTER 1993 CAPITAL IMPROVEMENT PROJECT
REPORT
The Second Quarter 1993 Capital Improvement Project Status
Report was accepted.
*15. APPROVAL OF AUGUST 1993 BUDGET REPORT
The August 1993 Budget Report was accepted.
*16. SECOND READING OF ORDINANCE AMENDING THE 1993 BUDGET AND
APPROPRIATING FUNDS INTO THE RISK MANAGEMENT FUND FOR
UNANTICIPATED CLAIMS SETTLEMENT COSTS
An Ordinance amending the 1993 budget and appropriating funds .
into the Risk Management Fund for unanticipated claims
settlement costs, having been read by title only at the
previous meeting, was brought before the Council for a second
reading.
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4 2 0 SEPTEMBER 14, 1993
ORDINANCE NO. 93 -87, AN ORDINANCE amending the 1993
budget for the City of Yakima; and making an appropriation of
$200,000 in the Risk Management Reserve Fund for expenditure
during 1993 to provide for several large unanticipated
claims.
*17. SECOND READING OF ORDINANCE AMENDING THE 1993 BUDGET AND
APPROPRIATING FUNDS INTO THE GROWTH MANAGEMENT FUND
An Ordinance amending the 1993 budget and appropriating funds
for a grant award from WSDOT for the transit element of the
Metropolitan Yakima Comprehensive Plan, having been read by
title only at the previous meeting, was brought before the
Council for a second reading.
• ORDINANCE NO. 93 AN ORDINANCE amending the 1993
budget for the City of Yakima; and making an appropriation of
$15,000 in the Growth Management Fund for expenditure during
1993 for a grant award from the Washington State Department
of Transportation for the transit element of the Metropolitan
Yakima Comprehensive Plan.
*18. FIRST READING OF ORDINANCE AMENDING THE 1993 BUDGET AND
APPROPRIATING FUNDS INTO THE TRANSIT BUDGET FOR ADDITIONAL
SALARIES TO PROVIDE BUS SERVICE (No formal action required this
meeting)
An Ordinance amending the 1993 budget and appropriating
funds for additional salaries to provide bus service, having
been read by title only, was laid on the table for one week,
until September 21, 1993.
19. OTHER BUSINESS
*A. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR WESTCO
The Right - of - Way Use permit for two monitor wells for Westco
Martinizing, 812 Summitview, was approved.
City Manager Zais stated that he received a notice from
Bruce Loy, Airport Manager, expressing concerns about a
proposed short plat in the vicinity of the airport. He
suggested this be referred to staff for further evaluation
and a report back to Council. Council Member Semon stated
the planting strip on Washington Avenue, by the airport, is
an eyesore. It was the general consensus of the council to
refer this to the Parks Division to make improvements.
Information Items:
Items of information supplied to Council were: Memorandum
from City Engineer regarding North First Avenue Status
Report. 9/9/93; Notice of September 13, 1993 West Side
Merchants and Business Association Downtown special meeting;
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SEPTEMBER 14, 1993
Traffic Engineering Citizen Request and Activity Report for
August 1993; Permit Center Monthly. Report for August 1993;
Trolley Ridership Report for August 1993; Yakima Sunfair
Festival Association parade staging information. 9/93;
Article from September 8, 1993 Seattle P -I, "Sides Disagree
on Effects of Two Initiatives "; Special Legislative Report
from National Council for Urban Economic Development;
August 15, 1993; Minutes from the August 18, 1993 Yakima
Valley PTBA Board of Directors meeting; Article from
Sacramento Bee, "City Tackles $11.8 Million Budget Gap ";
and Newsletter from Preston Thorgrimson Shidler Gates &
Ellis, "Update" August 1993.
20. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION
It was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO
MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF
DISCUSSING PROSPECTIVE LITIGATION, WITH
IMMEDIATE ADJOURNMENT THEREAFTER TO
SEPTEMBER 28, 1993 AT 7;30 A.M. AT THE YAKIMA
SCHOOL DISTRICT #7 LIBRARY, FOR A JOINT MEETING
WITH THE COUNTY COMMISSIONERS. The motion carried
by unanimous voice vote; Beauchamp and Brado absent.
21. ADJOURNMENT TO SEPTEMBER 15, 1993, 8:00 A.M., AT DOWTY
AEROSPACE CONFERENCE ROOM FOR LOCAL GOVERNMENT WORKSHOP
REGARDING THE AIRPORT MASTER PLAN
Mayor Berndt announced the Council does not have to adjourn
to the September 15th meeting since it is a workshop. The
meeting adjourned at 4:00 p.m., following the conclusion of
the executive session.
READ AND CERTIFIED ACCURATE BY: AGA_ - f
COW IL M s e / �r ' 11TE
/i / , �K
COUNC L MEMBE: DA E
ATTEST:
4 ( 2
CITY CLERK MAYOR
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