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HomeMy WebLinkAbout09/14/1993 Business Meeting 413 CITY OF YAKIMA, WASHINGTON SEPTEMBER 14, 1993 ti 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 414 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. • 2 .7 Lr 1 Lil•1DLii� * %1`t' j °..`.'3j1'J =J J 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 3 416 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." 4 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. 5 418 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. 6 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. 7 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; 8 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 9