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Home My WebLink About12/21/1993 Business Meeting 93 CITY OF YAKIMA, WASHINGTON DECEMBER 21, 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 (after 2:15 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) Council Member Barnett stated that several people have contacted him about the completion of the leaf pick -up program. He asked about the status of this program. 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 to add Item No. 10 and delete Items Nos. 13 and 17. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY BUCHANAN, SECONDED BY BARNETT, 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 23 AND 30, 1993 ADJOURNED MEETINGS The minutes of the November 23 and 30, 1993 Adjourned meetings, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 94 DECEMBER 21, 1993 6. PRESENTATION OF EMPLOYEES SERVICE AWARDS • Service awards were presented to the following City employees 30 Years:: ;Clara Sande Finance Department 25 Years Jan Glaspey, Financ D ep ar tment Sgt: Ron For-,tier, Police Department Sgt, Howard Cyr, Police bepartment.. Tony .Sloan, z Fire .Department Hilda .Leffel, In>forma.tion Systems Division Roy Thompso Streets ; Di " vision Willie Boston, Refuse- Di 20 Years: Martin Buehler, Fire. Department Terry Rogers, Fire Department Teresa Farren, Information Systems Division Heidi Fortier, Animal Control Hip Flores, Customer Service Thelma Trimble, Parks and Recreation Division Willie Singleton, Street Division John Haddix, Transit Division Dick Zais, City Manager Those employees receiving certificates for service, but not present at the meeting were: Reid Follansbee, Police Department, 25 years of service Larry Knuth, Police Department, 25 years of service David Rodriguez, Transit Division, 20 years of service George Bach, Garage Division, 20 years of service This being his last Council meeting as a Council member, Council Member Semon roasted the Council members, City Manager Zais and Council Member Elect Berger. In appreciation of Council Member Semon's service to the community, Mayor Berndt declared December 21, 1993 as "Skip Semon Day" in the City and presented him with a proclamation. 7. PUBLIC MEETING ON ORDINANCE APPROVING CABLE FRANCHISE AGREEMENT WITH TCI, INC. This being the time set for a public meeting on the cable franchise agreement with TCI, Inc., Wendy Warren, Cable Communications Manager, presented Council with a substitute ordinance due to a duplicate paragraph contained in the ordinance previously provided to Council. Council Member Barnett asked if consideration were given to delegate appeal hearings to the Hearings Examiner. City Attorney Paolella 2 95 DEC EMBER 21, 1993 < stated staff would have to review the statutory authority for the Hearings Examiner to see if that would be possible. If it is possible under State law, it would take separate action of the Council and an agreement with TCI. Ms. Warren addressed Council Member Barnett's concern regarding the I/ capital grant increasing the subscriber's rates. Mayor Berndt opened the public meeting for public comments. Larry Mathews, 805 South 17th Avenue, complimented Ms. Warren on her operation of the Division. He asked her about I -Net. Ms. Warren stated that system was discussed with TCI, however, it did not appear they were interested in developing a system other than for the City government. Staff will pursue that at a later date. Ms. Warren responded to other concerns of Mr. Mathews. Ordinance No. 93 -115 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. The motion carried by unanimous voice vote. ORDINANCE NO. 93 - 115, AN ORDINANCE granting a non- exclusive franchise to TCI Cablevision of Yakima, Inc. to operate and maintain a cable communications system throughout the City of Yakima; setting forth provisions, terms and conditions of the grant of franchise; providing for city regulation and use of the cable communications system; prescribing penalties for violation of franchise provisions; and terminating, except as otherwise provided by this Ordinance, Ordinance No. 2209, as amended by Resolution No. D -5436 and Ordinance 93 -100. 8. PUBLIC HEARING ON ADA PLAN UPDATE (SEE RESOLUTION) John Haddix, Transit Senior Project Planner, commented that the update consists of responses to comments to the Federal Transit Division last May. A public meeting was held on December 15th to solicit comments on the City's ADA Plan. The consensus was that the City's plans and objectives remain valid. Mr. Haddix responded to Council Member Barnett's questions regarding ADA requirements. Mayor Berndt opened the hearing for public testimony. Kathy Neely, asked when it is likely for the Public Transportation Benefit Area (PTBA) to become a reality. Council Member Semon responded that will probably come to a vote by the citizens in the fall of 1994. There being no other citizen wishing to speak to this I/ issue, the Mayor closed the public hearing. Resolution No. R -93 -139 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R - 93 - 139, A RESOLUTION approving and adopting an updated plan to meet Urban Mass Transportation Administration Service Requirements for complementary paratransit service consistent with the Americans With Disabilities Act of 1990. 3 96 DECEMBER 21, 1993 9. AUDIENCE PARTICIPATION Jamie McMurry related an accident that occurred to a friend of his while crossing in the mid -block crosswalk on North 3rd Street, between Yakima Avenue and "A" Street. He requested Council consider some method, such as warning signs, to make that crosswalk safer for pedestrians. Larry Mathews asked about the leaf pick -up schedule. He was advised that staff is expected to be on schedule within the I/ next two weeks. *10. CONSIDERATION OF REQUEST TO PARTICIPATE IN PUBLIC SAFETY CONSOLIDATED DISPATCHING PROPOSAL This item was placed on the Consent Agenda (with date correction) and the report was accepted. *11. CONSIDERATION OF LEGISLATION RELATING TO THE YAKIMA AIR TERMINAL: A. RESOLUTION APPROVING RULES AND REGULATIONS ADOPTED BY THE YAKIMA AIR TERMINAL BOARD RESOLUTION NO. R - 93 - 140, A RESOLUTION approving rules and regulations adopted by the Yakima Air Terminal Board. B. ORDINANCE REPEALING CHAPTER 6.35 OF THE YAKIMA MUNICIPAL CODE AND ENACTING CHAPTER 1.92 RELATING TO YAKIMA AIR TERMINAL REGULATIONS, AND ESTABLISHING PENALTIES ORDINANCE NO. 93 - 116, AN ORDINANCE relating to administration, pertaining to the following at the Yakima Air Terminal: regulating parking in restricted areas, establishing petroleum licensing and flowage fees, establishing fuel handling procedures, regulating off - airport rental car businesses' conduct, and establishing penalties for violation of the aforementioned regulations; enacting Chapter 1.92 as a new chapter of the City of Yakima Municipal Code and repealing Chapter 6.35 of the City of Yakima Municipal Code. *12. CONSIDERATION OF LEGISLATION RELATING TO FOOT CARE SERVICES FOR 1994: A. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH OFFICE OF AGING & LONG TERM CARE RESOLUTION NO. R - 93 - 141, A RESOLUTION authorizing the execution of the 1994 Geriatric Footcare Agreement with Yakima County. 4 97 DECEMBER,.21, 1993 B. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH JUDY LEBENS, R.N. RESOLUTION NO. R -93 -142, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of I/ Yakima to execute an agreement with Judy Lebens, R.N., to provide footcare services at the Yakima Senior Center. 13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH CH2M HILL FOR WATER COMPREHENSIVE PLAN UPDATE Larry Mathews, 805 South 17th Avenue, stated his questions are relative to the $500,000 fee for this update. He cautioned Council to make sure the City gets its money's worth and not just a recycled report. Resolution No. 8 -93- 143 having been read by title it was MOVED BY BUCHANAN, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R -93 -143, A RESOLUTION authorizing execution of a contract for engineering services with CH2M- Hill. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF RENEWAL OF INTERURBAN TROLLEY AGREEMENT FOR 1994 RESOLUTION NO. R -93 -144, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a lease and operating agreement with Yakima Interurban Lines Association; Inc. for electric railway street car operation for 1994. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR COUNTY FIRE DISPATCH SERVICES RESOLUTION NO. R -93 -145, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Fire Communications Services Contract. *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH HDR FOR SEWER COMPREHENSIVE PLAN UPDATE RESOLUTION NO. R -93 -146, A RESOLUTION authorizing the execution of an agreement for professional engineering services between the City of Yakima, a municipal corporation, and HDR Engineering, Inc. 17. CONSIDERATION OF RESOLUTION AUTHORIZING LEASE AGREEMENT WITH J.M. PERRY FOR SOCCER PARK AND YAKIMA YOUTH SOCCER ASSOCIATION FOR DEVELOPMENT OF PROPERTY Dave Flaherty, Parks and Recreation Manager, stated that there are a couple of changes Perry Institute asked to have included in the contract. He distributed information on the 5 98 DECEMBER 21, 1993 • cha- rages J,: ° ay f Tuman, representing J. M. Perry Institute, ;;requested cla�rif' cation_ on page 3. o:f the contract, item #7, .to .:make ,sure Perry, - l nst'rt:ute does- •not•=become a referee for `t4he di ftf erent groups want ing to use the f ields . He also item #8 • relati-ng to parking ands'. requested that ;Deople iis'e the -walkway along Washington'. Avenue to access the fields 'he•players can use the parking lot at Perry •Institute after 5:0"0 p.m., on weekends and holidays. The last issue, in item #11, revolves regarding liability for damages. I/ • They would like to see the damages repaired. Wain Jackson, President of the Soccer Association, stated these changes were just presented to him. He commented they could accept most of these changes, but was not sure about the liability issue. Mr. Flaherty stated the Parks Division will work with the two entities regarding the security of the lot, including signage regarding access to the fields from the parking lot. He recommended the three additional language changes be incorporated into the existing agreement. Resolution No. R -93 -147, having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. It was MOVED BY BEAUCHAMP, SECONDED BY BUCHANAN, TO AMEND THE CONTRACT AS RECOMMENDED BY STAFF. The motion was carried by unanimous voice vote. The question was called for a vote on the motion as amended. The motion carried by unanimous roll call vote. RESOLUTION NO. R - 93 - 147, A RESOLUTION authorizing the execution of a lease with J.M. Perry Institute of Trade Industry and Agriculture and the Harriet I. Perry Trust for the lease of property located at 16th Avenue and Washington Boulevard for use as a soccer playfield and authorizing the execution of a soccer field use agreement with the Yakima Youth Soccer Association for the development of the property for use as a soccer playfield. *18. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF • SUPPLEMENT #1 WITH DOT, YAKIMA COUNTY, AND CITY OF YAKIMA FOR THE GATEWAY PROJECT LOCAL MATCH AGREEMENT RESOLUTION NO. R -93 -148, A RESOLUTION authorizing the execution of Supplement #1 to the Agreement for Joint Construction of Improvement of Yakima Avenue /I -82 Interchange Area and Fair Avenue Project with the State Department of Transportation and Yakima County. *19. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH GLEN WARREN FOR 1994 PUBLIC DEFENDER SERVICES RESOLUTION NO. R -93 -149, A RESOLUTION authorizing the execution of a public defender contract for 1994. 6 99 DECEMBER 21, 1993 *20. APPROVAL OF THIRD QUARTER 1993 ACCOUNTS RECEIVABLE REPORT The Third Quarter 1993 Accounts Receivable Report was accepted. 21. CONSIDERATION OF ORDINANCE ADOPTING COMMUNITY REDEVELOPMENT FINANCING PLAN (REPORT AND INFORMATION AVAILABLE MONDAY EVENING) Due to the fact that additional information was received late last night, it was MOVED BY BRADO, SECONDED BY BARNETT, TO TABLE THIS ISSUE FOR ONE WEEK. The motion failed by 4 -3 voice vote; Berndt, Buchanan, Semon and Sims voting nay. Don Skone, Planning Manager, stated this ordinance would establish a Community Redevelopment Financing District within the Central Business District of the City. The purpose is the enhancement of economic development in the City's CBD area. All the legal requirements to establish this District have been met. Expansion of the convention center and improvements to Front Street and Yakima Avenue are projects to be considered. The financial consultant, Williams - Kuebelbeck has found that all three projects can be supported by this District, based upon some assumptions made by the consultant. Bonds would be issued based upon actual revenue flow rather than projected revenue. The staff recommendation is that Council make the necessary findings which are outlined in the ordinance and accept the most conservative case scenario for bonding purposes. Council Member Barnett objected to the ordinance allowing the use of Limited Tax General Obligation ':Bonds as a financing tool for this program. John Hanson, Finance Director, commented the Limited Tax General Obligation Bond was included to give the City the most tax flexibility possible; whether it is used, is a Council decision in the future. .Jay Reich, attorney for Preston, Thorgrimson, consulting attorney, reviewed the objectives in the ordinance. Council discussed the merits and disadvantages of this program and the projects being considered for financing, with staff responding to their questions. Council also discussed prioritizing the projects. Mike Mercy, 230 South 2nd Street, stated he would like Council to consider the downtown parking deck that was originally proposed. He further commented he believes the cost estimate for the convention center expansion is out of line. Phil Pleasant asked Council to consider infrastructure improvements in the southeast area to enhance economic development. He asked Council how many people in the black community will benefit by this program in terms of jobs and dollars. Nancy Faller, 2207 Barge Street, representing the Yakima County Rainbow Coalition, stated the Coalition cannot support this plan at this point. There is not enough information available about who will benefit from this plan. She stated that provisions should be made in)this plan to bolster the southeast community. Recommendations of the Coalition are to establish a CRF Community Advisory Board; 7 100 DECEMBER 21, 1993 allow changes in the project that staff suggested -- rethink the target area; and adhere to the requirements in the Municipal Code regarding participation of minority and women contractors. It was MOVED BY BRADO, SECONDED BY BARNETT, TO TABLE THIS ISSUE. The motion failed by 4 - 3 voice vote; Berndt, Buchanan, Semon and Sims voting nay. Following discussion, Mayor Berndt reviewed the suggested changes to prioritize the projects as follows: (1) Expansion of the convention center, up to approximately $12 million; (2) the streetscape improvements on Front Street; (3) downtown parking structure at approximately $3 million (additional project); and (4) downtown street light improvements. Ordinance No. 93 -117, having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO PASS THE ORDINANCE. It was MOVED BY BUCHANAN, SECONDED BY SEMON, TO AMEND THE ORDINANCE HAVING TO DO WITH THE PROJECTS AND THE COST AND PRIORITIZE THEM AS DISCUSSED. The motion carried by unanimous voice vote. It was MOVED BY BARNETT, SECONDED BY BRADO, TO DELETE THE REFERENCE IN THE ORDINANCE RELATING TO THE USE OF LIMITED TAX GENERAL OBLIGATION BONDS. The motion failed by 5 - 2 voice vote; Beauchamp, Berndt, Buchanan, Semon and Sims voting nay. The question was called for a vote on the motion, as amended. The motion carried by 5 - roll call vote; Barnett and Brado voting nay. ORDINANCE NO. 93 - 117, AN ORDINANCE of the City of Yakima, Washington, establishing an apportionment district in the City's downtown business core for community redevelopment financing; describing the boundaries of such district; authorizing the acquisition, construction and installation of certain public improvements within such district; estimating the costs of such improvements and stating the portion of such costs to be financed from tax allocation revenues; estimating the time during which regular property tax revenues are to be apportioned; establishing the date upon which apportionment of the regular property taxes will commence; and finding that the public improvements meet the conditions of RCW 39.88.030. 22. CONSIDERATION OF ORDINANCE GRANTING "A" STREET VACATION Council Member Barnett distributed copies of a proposed amendment to the ordinance. The change would replace the language concerning the timing for construction of the project, which currently gives the petitioner three years to commence construction of the building. Mr. Barnett would like that language to read that the petitioner shall complete the construction within three years. Jerry Foy, 6 North 41st Avenue, stated that in December, 1989, he was involved with the tabling of the original ordinance. He asked Council to reconsider a section in the ordinance which discusses the south side of "A" Street and made it a conditional use for ramps for the parking garage. He thinks it is not fair that 8 101 DECEMBER,21, 1993 half of the street ,,,be involved in this vacation. The original ordinance said that if any structure were changed then the ramps would have to come down and restored to its original use. The citizens have the right to have one -half of the appraised value of the street paid back into the fund used for street improvements. He stated he thinks Council I/ should make the vacation include the total street. City Attorney Paolella reported that under the statutes, Council's authority is limited to vacating all or part of the property contained in the petition and if this property is not in the petition, then the process would have to start over. Either the petitioner would come in with another petition or the Council would initiate the vacation. Ordinance No. 93 -118 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. It was MOVED BY BARNETT, SECONDED BY SIMS, TO AMEND SECTION 2, CONDITION 5 TO READ ACCORDING TO THE MATERIAL COUNCIL RECEIVED (Section 2, Condition 5. Petitioner shall obtain all necessary building permits and complete actual construction of a structure designed for the purpose of retail sales of not less than 30,000 square feet and located within and adjacent to the proposed vacation. During the process of construction, Petitioner shall be granted a Right - of -Way Use Permit to allow temporary occupancy of the Public Right -of -Way for construction purposes and until the vacation becomes effective; provided, however, that if construction is not completed within the requisite three (3) year period as contemplated in this section, then Petitioner shall remove, at its expense, any and all structures and improvements built upon the area proposed to be vacated (Section 1) and restore the road, sidewalk, and alley to its former condition.). 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.. ORDINANCE NO.' 93-118, AN ORDINANCE vacating a portion of East "A" Street. 23. OTHER BUSINESS Staff was directed to report back to Council on the feasibility of Bell- Walker Engineering doing an analysis of I/ the one -way street grid system. Mayor Berndt also requested staff to report back to Council regarding the information provided by Jerry Foy. Once again, Council Member Semon was thankedgfor his service to the citizens and the community. 9 102 DECEMBER 21, 1993 Information Items: Items of information supplied to Council were - :. Memorandum- from Wastewater Superintendent regarding PNPCA "Ma nic =pal. - Water Protection Award "° to the City of Yakim 12/l6/93,-- Letter from State Department oft# Community Deve'l'opment- regarding Urban Program Request fbr Proposal, ;iTecipieits... 12/10/93; Letter from Hispanic Chamber: of> Comme'rc'e requesting. information from Housing Serv,._iejes Center. 12/15193; Agenda for December 20, 1993 Hearirng Examiner meeting; Memorandum from Parks and Recreat1on Manager regarding Community Meetings to Review the Draft -Parks; arid Recreation Comprehensive Plan. 12/13/93; Submission to Slice of Yakima regarding holiday parade •on 12/18/93. 12/14/93; News Release regarding appointment of Leonard Hall as the new Code Administration Manager. 12/16:/93; Civil Service Current Vacant Positions Report as of 12/31/93; Monthly report from the Chief of Police for November 1993; Minutes of the November 15, 1993 Parks and Recreation Commission meeting; and Article from EPA Watch, "Battle over Amendments Delays EPA Cabinet Bill." 11/30/93 24. EXECUTIVE SESSION REGARDING PROSPECTIVE AND PENDING LITIGATION: A. NU -WEST WATERBEDS B. JERE IRWIN It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING AND PROSPECTIVE LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. 25. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 5:05 •.m. READ AND CERTIFIED ACCURATE BY: '1 , . _ A.i L s 2/ COUNCI L 'E 4 'B ER DATE % � , --/6 COUNC L MEMBER DATE I/ ATTEST: CITY CLERK MAYOR An audio and video tape of this meeting are available in the City Clerk's Office. 10 •