HomeMy WebLinkAbout11/09/1993 Business Meeting •
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CITY •OF,,,YAKIMA,,WASHINGTON
NOVEMBER 9, 1993
BUSINESS MEETING
I/ 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 Paolella, and City
Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Invocation was given by Council Member Beauchamp.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
It was announced that Randy Beehler received his press
credentials to attend the Asian Pacific Economic Cooperation
Conference in Seattle. Mr. Beehler was also congratulated
for his excellent, unbiased coverage of both the Council
Candidates Forum and the election night results.
City Manager Zais announced that Ray Paolella was appointed
the new City Attorney.
There was discussion among Council members, staff, and
Al Royal, JEM Development, concerning the feasibility of
temporarily closing "A" Street by the Yakima Mall for one
week. Relating to the proposed "A" Street Vacation request,
the purpose of the temporary closure would be to find out the
reaction of the citizens and what the impact would be to the
public. It was determined that this may not be a valid test,
and the temporary closure would not take place.
Dan Danielson, President of the Yakima Valley Association for
the .Deaf, as well as several other citizens requested Council
provide interpreters for City public meetings, and the
eventual capability of close captioning. Wendy Warren, Cable
Communications Manager, explained this issue is being
explored and a report will be brought back to Council.
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 of the Council that Item No. 16
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NOVEMBER 11, 1993
be removed 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 READ, 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. APPROVAL OF THE MINUTES OF THE SEPTEMBER 28, 1993 ADJOURNED
MEETING
The minutes of the September 28, 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. PUBLIC HEARING ON ANNEXATION OF PROPERTY IN THE VICINITY OF
LINCOLN AND 16TH AVENUE (SEE ORDINANCE ANNEXING PROPERTY)
This being the time set for the public hearing,
Bruce Benson, Associate Planner, described the location,
size, population, and valuation of the annexation area. The
Yakima County Boundary Review Board gave their approval in
August 1993; petitions representing 75% of the area's
assessed valuation have been received, and the Planning
Division recommendation is to annex this property. In
response to a comment from Mayor Berndt, Mr. Benson provided
explanation about dangerous and unsightly buildings in the
annexation area.
Mayor Berndt opened the public hearing and asked for anyone
present wishing to comment about the annexation. There
being no one wishing to speak, she closed the public
hearing.
Ordinance No. 93 -99 having been read by title, it was MOVED
BY BEAUCHAMP, SECONDED BY BUCHANAN, TO ADOPT THE
ORDINANCE. The motion carried by unanimous roll call
vote.
ORDINANCE NO. 93 - 99, AN ORDINANCE annexing property to
the City of Yakima and zoning said property. (Lincoln and
16th Avenue Annexation)
7. AUDIENCE PARTICIPATION
Jennifer Rosal, 1517 1/2 South 1st, Sunnyside, requested the
ordinance regarding tattoo requirements be amended. She
wants to open a tattoo business in Yakima. The request was
referred to staff.
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Carolynn Baines, 327,,,,, South ,9,th Street, requested Council
consider extending the hours of operation for the transit
system so people who work later than 6 p.m. would be able to
ride the bus. This request was referred to the Council
Transit Committee.
I/ 8. PRESENTATION FROM DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT REGARDING PRELIMINARY BOUNDARY MAP AND TIME FRAME
(SET DATE OF HEARING FOR DECEMBER 14, 1993 IF REPORT
APPROVED)
Don Skone, Planning Manager, provided an update concerning
the Urban Growth Area Designation Process. The Vision 2010
Steering Committee is preparing a recommendation reflecting
citizen input from a series of community meetings. That
recommendation will then go to the Regional Planning
Commission and the Yakima County Planning Commission and then
to the City Council. The staff recommendation is to set
December 14, 1993 as the date for public hearing. After
brief discussion and comments among Council members and staff
concerning the preliminary boundary development process, it
was MOVED BY BUCHANAN, SECONDED BY SIMS, TO SET
DECEMBER 14, 1993, AS THE DATE OF PUBLIC HEARING. The
motion carried by unanimous voice vote.
9. REPORT AND LEGISLATION ON POLICE STATION /LEGAL CENTER AND
RECOMMENDATION FOR CONTRACT AWARD
Dick Zais, City Manager, presented a brief report concerning
the Police Station /Legal Center, including how the project
has advanced to its current stage. In September 1992, the
City Council reached a consensus that the project matching
funds should be done through a councilmatic bond and agreed
upon a selection of various financing alternatives to be
considered at a later time; however, because Council members
could not agree where the site should be, nor did they know
what the cost would be, parameters for the project were
defined and the development community was included in the
design /build process with their submission of proposals. The
proposals, which included a presentation of design options
and a proposed site, were evaluated by a Design Team using
the quality point evaluation system. The project went out to
bid twice. The evaluation results are contained in the
I/ report. At this point, Mr. Zais explained the two options
available to Council (1) Either accept the lowest cost for
quality pointanalysis and reject all other site proposals
and design proposals that have been submitted, or (2) Reject
all proposals. There was continued explanation by Mr. Zais
concerning details of project funding. Since it won't
jeopardize the project because the bids are still active
until December 15, 1993, Council Member Beauchamp suggested
delaying a decision on this for a week for further
consideration.
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Larry Mathews, 805 South : i7.th - Avenue exp res 4 sed concern about
the increased cost of :the : proje.c,t and th o ught s th=i:s i;ss°e
should be put to 'a vote ::o:f the >peop e.
Dave Franklin, representirig'the Cent Washington Chapter of
the American Institute o:f Arc-hieects, provid comments about
the design /build proce ° that ma94 be helpful for fut.ir.e
pro:jsects . C'ivi:c buildings should be sited . rprop - early and 't he
impacts of them :need to be considered from,`'an urban planning
point of view.
Verna Beggs, 1204 East Spruce Street, stated her opposition
to the facility being built downtown and was in favor of the
Kiwanis Park location.
Guy Shinn, with JEM Development, Al Royal, with JEM
Development, Lee Semon, Jr :, Chairman of the Downtown Area
Redevelopment Committee (DARC), and Dan Tilley,
313 North 31st, spoke in favor of locating the new facility
at a downtown site so the downtown core will remain viable.
Gordon Wonder, a downtown business owner, did not like the
design /build process and thought all bids should be thrown
out and the traditional bid process used.
After a brief discussion among Council members concerning
whether to postpone the decision or not, it was MOVED BY
BEAUCHAMP, SECONDED BY BRADO, TO TABLE THIS ISSUE FOR
ONE WEEK. The motion carried by a 5 -2 voice vote; Berndt
and Semon voting nay.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH THE YAKIMA SUBSTANCE ABUSE COALITION FOR THE
OPERATION OF AFTERSCHOOL RECREATION PROGRAMS
RESOLUTION NO. R - 93 - 112, A RESOLUTION authorizing an
agreement between the City and the Yakima County Substance
Abuse Coalition to provide Afterschool Recreational Programs
for Youth At Risk.
*11. CONSIDERATION OF LEGISLATION RELATING TO DEVELOPMENT OF
POWERHOUSE CANAL PATHWAY
A. RESOLUTION AUTHORIZING SUBMISSION OF A FEDERAL -AID
PROJECT PROSPECTUS TO WSDOT
RESOLUTION NO. R - 93 - ,113 A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
and submit a Federal -Aid Project Prospectus for the
development of the Powerhouse Canal pathway to the Washington
State Department of Transportation.
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B. RESOLUTION AUTHOR =IZING THEEXECUTION OF AGREEMENT WITH
WSDOT FOR PARTIAL REIMBURSEMENT OF COSTS FOR ENGINEERING
DESIGN WORK
RESOLUTION NO. R - 93 - 114, A RESOLUTION authorizing and
I/ directing the City Manager and City Clerk of the City of
Yakima to execute an agreement with the Washington State
Department of Transportation, for partial reimbursement of
costs for the Engineer Design of the Powerhouse Canal
pathway, an urban transportation corridor for bicyclists and
pedestrians.
*12. REPORT FROM PARKS AND RECREATION DIVISION REGARDING
BEAUTIFICATION OF THE PLANTING STRIP ON WASHINGTON AVENUE IN
THE VICINITY OF THE AIRPORT
The staff recommendation to install a new drip irrigation
system, retain current trees and plant additional trees of
that same species, and remove top layer of soil and ground
cover and apply maintenance free landscape fabric and large
river rock, was accepted to beautify the planting strip on
Washington Avenue by the airport.
*13. APPROVAL OF FINAL CONTRACT PAYMENTS (STANDARD MOTION V -B --
ACCEPT PROJECT AND APPROVE FINAL PAYMENT):
A. YAKIMA RAILROAD AREA WATER SERVICE CONNECTION PROJECT
The report from the City Engineer, dated November 2, 1993,
with respect to the completion of the work on the Yakima
Railroad Area Water Service Connections Project, performed by
Central Concrete & Utilities, Inc. and DeBlasio Construction,
Inc., a joint venture, was approved, the work accepted and
payment of the final estimates as therein set forth was
authorized.
B. CITY HALL UPS /SPS SYSTEM PROJECT
The report from the City Engineer, dated October 20, 1993,
with respect to the completion of the City Hall UPS /SPS
System project, performed by Knobel's Electric, was approved,
the work accepted and payment of the final estimates as
therein set forth was authorized.
I/ 14. CONSIDERATION OF ORDINANCE AUTHORIZING EXTENSION OF CABLE
TELEVISION FRANCHISE WITH TELE - COMMUNICATIONS, INC., OF
YAKIMA VALLEY (CONTINUED FROM 11/2/93)
Following a five minute recess, the meeting resumed at
3:40 p.m.
Wendy Warren, Cable Communications Manager, referenced her
report and was available to answer any questions.
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NOVEMBER 11, 1993
Luis Chaluisan is the Director of Development for KCJT,
Channel 17, 713 West Yakima Avenue, a locally owned Spanish
television station that broadcasts Hispanic news and 24 -hour
programming. Mr. Chaluisan stated this station would like to
be included on the cable lineup; however, TCI Cable has told
them the channel capacity is limited. at this time.
Ms. Warren explained the City cannot require TCI Cable to II
carry any specific programming service, only suggest broad
areas of programming such as foreign language or ethnic
programming.
Council Member Barnett determined this issue to be separate
from the action being considered today. Council Member
Beauchamp commented that if TCI Cable could add this station,
it would be good for the community.
Gary Bailey, local Manager of TCI Cable, described the
overwhelming response from cable subscribers with Hispanic
surnames when surveyed not wanting to replace any current
programs with KCJT. Mr. Bailey also explained TCI Cable has
limited channel capacity and can add no more channels.
However, perhaps it will be possible to discuss the
possibility with KCJT in the future when more channel
capacity becomes available. There was further discussion
among Council members concerning the request of KCJT and the
marketing decision of TCI Cable. Ordinance No. 93 -100 having
been read by title, it was MOVED BY SIMS, SECONDED BY
BUCHANAN, TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote.
ORDINANCE NO. 93 - 100, AN ORDINANCE extending the current
cable television franchise agreement through January 31,
1994.
15. CONSIDERATION OF INITIAL COMMUNITY REDEVELOPMENT FINANCING
ORDINANCE (ORDINANCE SETS DATES OF HEARINGS)
Glenn Valenzuela, Director of Community & Economic
Development, outlined the various details of the Community
Redevelopment Financing concept, including public
participation, notification, and the public hearing process.
He was available to answer any questions about the issue.
Al Royal, representing the Executive Board of the Visitors
and Convention Bureau, read a letter from Ken Messer,
President of the Board of Directors at the Yakima Valley
Visitors & Convention Bureau. The letter was in support of
the CRF concept as a primary funding vehicle for expansion of
the Yakima Convention Center.
Jerry Henderson, President of the Westside Merchants and
Businesses Association, spoke in favor of the CRF Concept
because economic development is vital.
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NOVEMBER 4 0.1 , 1993
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Dan Arnett, Yakima Chamber of.;,Commerce, requested the word
consider be changed to the word will on page 4 of the
ordinance relating to payment of the bonds There was a brief
discussion among Council members and Mr. Arnett concerning
this request.
After discussion, comments, and questions from Council
members about the CRF concept and Ordinance No. 93 -101 having
been read by title, it was MOVED BY BEAUCHAMP, SECONDED
BY SIMS, TO ADOPT THE ORDINANCE. The motion carried by
unanimous voice vote. It was MOVED BY SIMS, SECONDED BY
SEMON, TO AMEND THE ORDINANCE ON LINE 4 OF PAGE 4 BY
CHANGING CONSIDER USING TO WILL USE. The question
was called for a vote on the motion as amended. It
was The motion passed by a 5 -2 roll call vote; Barnett and
Brado voting nay. Council Member Barnett stated one or two
of the projects that are enumerated within the ordinance will
encourage private development and will increase the fair
market value of real property. Council Member Brado
commented it would be very detrimental if things didn't work
out for the whole city, and it should be put to the voters
before proceeding.
ORDINANCE NO. 93 - 101, AN ORDINANCE relating to the
formation of an apportionment district for community
redevelopment financing; proposing a plan for public
improvements within'such district; describing the proposed
public improvements; estimating their cost; setting forth
boundaries for the proposed apportionment district;
estimating a period for`- apportioning tax revenues; describing
the proposed use of tax allocation revenues; giving notice of
the intention to issue bonds to finance part of the proposed
public improvements; and setting public hearings thereon.
November 30, 1993, was set as the first date of hearing at
2:00 p.m., and December 7, 1993 at 2:00 p.m. at Yakima City
Hall and at 7:00 p.m. in the Yakima Center were set for the
second and third dates of hearing.
16. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE
REGARDING ENFORCEMENT OF THE DANGEROUS BUILDING CODE
This item was removed from the Consent Agenda by Council
I/ Member Buchanan because he disagreed with wording declaring a
building dangerous simply because it is an eyesore or because
of obsolescence. That doesn't necessarily make the building
a dangerous one.
Bob Shampine, Code Administration Manager, directed attention
to paragraph 19 on page 3 and quoted from it and suggested
the word obsolescence be removed. There was discussion among
Council members and staff concerning wording in the ordinance
addressing abandoned, dilapidated buildings, along with an
exchange of ideas concerning the determination of an ugly or
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dilapidated building. City Attorney Paolella sugg.es:ted the
language under No. 19 of the ordinance could be changed to
delete the word obsolescence and the phrase or which
constitutes an eyesore so as to."
Jerry Henderson, Westside Merdhants and Businesses
Association, spoke in favor of adopting', the •ordinance,
particularly since they have had problems in their area with
buildings in dilapidated condition.
Dan Arnett, with Rental .Services, inquired how this ordinance
change might affect someone'who wanted a building torn down
as opposed to "Rebound" type actions.
Ordinance No. 93 -102 having been read by title, it was MOVED
BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE
ORDINANCE. The motion,carried by unanimous voice vote. It
was MOVED BY BUCHANAN, SECONDED BY SIMS, TO AMEND THE
ORDINANCE TO DELETE THE WORD OBSOLESCENCE AND CHANGE
THE WORDING AS INDICATED BY THE CITY ATTORNEY. The
question was called for a vote on the motion as
amended. The motion carried by unanimous roll call vote.
ORDINANCE NO. 93 - 102, AN ORDINANCE, relating to
buildings, expanding the definition of dangerous building to
include situations impacting surrounding property values, and
enacting as a new section, Section 11.46.120 of the City of
Yakima Municipal Code.
*17. CONSIDERATION OF ORDINANCE FIXING AND LEVYING THE AMOUNT OF
AD VALOREM TAXES FOR 1994
ORDINANCE NO. 93 -103, AN ORDINANCE fixing and levying
the amount of ad valorem taxes necessary to balance estimated
revenue with estimated expenditures for the 1994 Budget for
the City of Yakima.
*18. FIRST READING OF ORDINANCE AMENDING THE 1994 BUDGET AND
APPROPRIATING FUNDS FOR PURCHASE OF MATERIALS FOR NEW WATER
SERVICE (NO ACTION REQUIRED THIS MEETING)
An ordinance amending the 1993 budget and appropriating funds
for the purchase of materials for new water services, having
been read by title only, was laid on the table for one week
until November 16, 1993.
19. OTHER BUSINESS
City Manager Zais presented Council with a report on Enhanced
911 and Consolidated Communications, which will be discussed
at the Adjourned Meeting with the Yakima County Commissioners
tomorrow at 7:30 a.m. (Council Member Buchanan absent after
4:48 p.m.)
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Council considered whether they should meet with the Yakima
Herald Republic concerning the newspaper's recent comments
published about the City Manager with regard to executive
sessions. This led to a considerable amount of discussion
I/ about executive sessions in general and whether a survey of
procedures practiced by other cities comparable to Yakima
should be done. Council Member Barnett requested the topic
of the Executive Session item be provided on the agenda.
It was MOVED BY BRADO, SECONDED BY SIMS, TO APPOINT
DENNIS KELLY TO FILL THE VACANCY ON THE URBAN AREA
REGIONAL PLANNING COMMISSION AND TO APPOINT GEORGE
PECHTEL TO THE TERM WHICH EXPIRED IN FEBRUARY. The
motion carried by unanimous voice vote; Buchanan absent. It
was MOVED BY BRADO, SECONDED BY SIMS, TO REAPPOINT
PAM AYLMER FOR THE TWO YEAR POSITION TO THE LOCAL
REVIEW BOARD FOR HISTORIC PRESERVATION AND JEANNE
CRAWFORD' TO .THE SECOND POSITION. The motion carried by
unanimous voice vote; Buchanan absent.
Council Member Barnett and Mayor Berndt requested a notice be
published for additional Airport Board applicants in
consideration for the City's position appointment.
Council Members Semon and Sims encouraged Council
representatives and alternates to attend the PTBA meeting
this evening. '°
Information Items:
Items of information provided to Council were: Letter to
State Department of Community Development regarding Fruitvale
Canal Wasteway Loan Agreement. 11/1/93; Press Release
regarding "No NAFTA Rally ". 11/4/93; Letter from Dee Hunter
expressing appreciation to Planning staff. 11/3/93;
Memorandum from City Prosecutor regarding Interpretation of
Legal Department Criminal Division Monthly Report and
September 1993 Legal Department Report. 10/28/93;
Memorandum from Legal Department regarding Damage Claims
I/ Referred to Insurance Company in October. 1993. 11/3/93;
Agenda for November 10, 1993 DRT meeting and Assignments
Pending in Office of Environmental Planning as of 11/9/93;
Permit Division Report for October 1993; Trolley Ridership
Report for October 1993; Article from the November 2, 1993
Seattle Post- Intelligencer, "Everett Mayor Presents Budget
with Many Cuts "; and Article from the October 28, 1993 USA
Today, "Poll: Get Tougher on Crime.
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20. ADJOURNMENT TO NOVEMBER 10, 1993 ADJOURNED' ME"EThNG ATE;
7:30 A.M. FOR MEETING WITH COUNTY COMMISSIONERS REGARDING._
911, AT THE SCHOOL DISTRICT #7 ADMINISTRATION BUILDING; THEN
TO NOVEMBER 16, 1993 AT 9:00 A.rM. C'OUNClIL CHAMBERS, FOR
BUDGET STUDY SESSION (COMMUNITY DEVE-L,OPMENT /CITY MANAGEMENT /LEGAL)
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It was •MOVED BY BEAUCHAMP, SECONDED.'- BY SIMS, TO
ADJOURN THE MEETING AT 5:10 PM, TO NOVEMBER 10, 1993,
FOR AN ADJOURNED MEETING AT 7:30 AM, WITH THE YAKIMA
COUNTY COMMISSIONERS, AT THE SCHOOL DISTRICT #7
ADMINISTRATION BUILDING; THEN TO NOVEMBER 16, 1993,
FOR AN ADJOURNED MEETING AT 9:00 AM, FOR A BUDGET
STUDY SESSION • (COMMUNITY DEVELOPMENT /CITY
MANAGEMENT /LEGAL) AT CITY HALL COUNCIL CHAMBERS. The
motion carried by unanimous voice vote; Buchanan absent.
READ AND CERTIFIED ACCURATE BY:. I I. Ii � .- . �1 ! .:. '- 7 y`�
�•U■OI,4 MBER , DATE
OU MEMBER DATE
ATTEST:
nth- 2S XL0 Lu gat
CITY CLERK MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of
meeting are available in the City Clerk's office.
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