Loading...
HomeMy WebLinkAbout03/22/1994 Adjourned Meeting / Business Meeting 216 CITY OF YAKIMA, WASHINGTON MARCH 22, 1994 ADJOURNED MEETING 1. EXECUTIVE SESSION REGARDING PERSONNEL The City Council met in session for an adjourned meeting on this date at 11:30 a.m., in the Board Room at the Yakima Center, Yakima, Washington. Mayor Pat Berndt, presiding, Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger, Bill Brado, Lynn Buchanan, and Bernard Sims present. Following the completion of the City Manager Evaluation, the meeting adjourned at 1:30 p.m. READ AND CERTIFIED ACCURATE BY: ��� ' COUNCIL MEMBE' DATE COUNCIL MEMBE' •ATE ATTEST: CITY CLERK MAYOR * * * * * * * * * * * * * * * * * * CITY OF YAKIMA, WASHINGTON MARCH 22, 1994 BUSINESS MEETING 1. ROLL CALL I/ 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, Erni - Berger, Bill Brado, Lynn Buchanan, and Bernard Sims present on roll call. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. 217 MARCH22 , 1994 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Buchanan. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) March 27 - April 2, 1994 was proclaimed Drug and Alcohol Awareness Week. The proclamation was accepted by Mike Urakawa. March 28 - April 2, 1994 was proclaimed National Community Development Week. The proclamation was accepted by Lynn Kittleson. LIFT student, Dawn Carmody, was introduced. 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 Items Nos. 6 and 8 to the Consent Agenda and remove Item No. 9. 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. AUDIENCE PARTICIPATION A. PRESENTATION BY FLINT PUBLISHING REGARDING VISITORS AND CONVENTION BROCHURE Debbie Foran, Flint Publishing, referencing the copy of their 1993 Visitors and Convention Guide previously distributed to Council members, asked that Council participate in the publication of the 1994 Guide, of which 60,000 copies will be printed. No action was taken at this time. 1/ Lynn Kittleson, member of the Community Development Advisory Committee, and Dixie Kracht, Block Grant Manager, presented Council with a framed poster for Community Development Week and invited their participation in the upcoming community activities. City Manager Zais took this opportunity to comment that the entire Community Development Block Grant program is up for reauthorization in Congress. This is the year we want to show what our community has done. Connie Little expressed appreciation for the attendance at the neighborhood meeting regarding annexation of the East Mead area. She presented the meeting sign -in list and 2 218 MARCH 22, 1994 petitions signed by neighbors wishing to annex to Yakima, not Union Gap. *6. APPROVAL OF REQUEST FOR QUALIFICATIONS FOR ARCHITECTURAL SERVICES AND FINANCIAL ANALYSIS SERVICES FOR THE YAKIMA CENTER EXPANSION PROJECT The staff recommendation to authorize issuance of RFQ's for the marketing /financial analysis for the expansion of the Yakima Center and to provide full architectural services for the expansion project, to be funded from the Convention Center Capital fund upon selection to finance study costs, was accepted. 7. REPORT FROM LEGAL DEPARTMENT REGARDING PROPOSED AMENDMENTS TO THE CITY ORDINANCE REGULATING TATTOO PARLORS Paul McMurray, Assistant City Attorney, presented the report and was available to respond to questions. It was MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO MAINTAIN THE AGE OF 21 RATHER THAN REDUCE IT TO AGE 18 WITHOUT PARENTAL CONSENT. Dawn Carmody commented that a lot of the kids don't care about the age limit and they tattoo each other. The question was called for a vote on the motion. The motion carried by unanimous voice vote. Council Member Buchanan also suggested the Public Health Officer be named in Option 4, rather than a City officer, to enforce compliance with the regulations. He also suggested referring options 2 and 3 regarding the construction of the operating tables and the clothing restrictions, to the Health District for their comments. It was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO REFER THE ISSUES FOR STAFF DISCUSSION WITH THE HEALTH DEPARTMENT AND THEN REPORT BACK TO COUNCIL. The motion carried by unanimous voice vote. City Manager Zais stated staff will come back with proposed legislation once that discussion has occurred. *8. CONSIDERATION OF RESOLUTION AUTHORIZING PURCHASE OF NEW BOILER FOR LIONS POOL FROM THE CONTINGENCY FUND RESOLUTION NO. R 94 - 27, A RESOLUTION declaring an emergency and authorizing the purchase of a boiler for Lions pool without calling for bids. 9. CONSIDERATION OF RESOLUTION AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH NIMNICHT ASSOCIATES FOR CONFLICT RESOLUTION FOR TEAM MANAGEMENT Jerry Copeland, Director of Public Works, and Chris Waarvick, Wastewater Superintendent, were available to respond to questions. Council Member Barnett expressed concern about the proposed fee of "not to exceed $10,000 ", which calculates to $125 per hour, or $769 per day for 13 days. Mr. Copeland stated it is based upon 80 hours at $125 per hour. He stated they compared that cost versus sending employees to this type 3 219 MARCH22, 1994 of training at a cost; of about, $100 each, not including any travel costs. Resolution No. R -94 -28 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by 6 -1 roll call vote; Barnett voting nay. 1/ RESOLUTION NO. R- 94 -28, A RESOLUTION authorizing the execution of a professional services agreement with J. L. Nimnicht & Associates. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH LOFLAND AND ASSOCIATES FOR SEXUAL HARASSMENT AWARENESS TRAINING RESOLUTION NO. R- 94 -29, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Professional Services Agreement Between the City of Yakima and Lofland & Associates. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF RENTAL AGREEMENT FOR THE RESIDENCE AT RANDALL PARK RESOLUTION NO. R- 94 -30, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Residential Rental Agreement with Steve and Mary Gregory. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA ATHLETIC CLUB SWIM TEAM FOR USE OF CITY SWIMMING POOL FACILITIES RESOLUTION NO. R- 94 -31, A RESOLUTION authorizing an agreement with the Yakima Athletic Club Swim Team for use of City swimming pool facilities. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA YMCA SWIM TEAM FOR USE OF CITY SWIMMING POOL FACILITIES RESOLUTION NO. R- 94 -32, A RESOLUTION authorizing an agreement with the Yakima YMCA Swim Team for use of City swimming pool facilities. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA VALLEY COUNCIL OF CAMP FIRE FOR AFTER SCHOOL RECREATION PROGRAM FOR YOUTH AT -RISK RESOLUTION NO. R- 94 -33, A RESOLUTION authorizing an agreement between the City and the Yakima Valley Council of Camp Fire to provide an After - School Recreational Program for Youth at Risk. 4 220 MARCH 22, 1994 *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN ON- THE -JOB TRAINING AGREEMENT WITH MARK DAY AND THE STATE OF WASHINGTON RESOLUTION NO. R 94 - 34, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an On- the -Job Training Agreement with Mark Day and representatives of the State of Washington for training in the City Wastewater treatment facility. *16. CONSIDERATION OF RESOLUTION AUTHORIZING THE CITY MANAGER TO OBTAIN PROFESSIONAL ENVIRONMENTAL AUDIT SERVICES FOR YAKIMA POLICE STATION /LEGAL CENTER PROPERTY ACQUISITION RESOLUTION. NO. R 94 - 35, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to obtain professional environmental audit services for the Yakima Police Station /Legal Center property acquisition. *17. CONSIDERATION OF RESOLUTION AUTHORIZING FARE -FREE TRANSIT SERVICE FOR MARCH 31, 1994 RESOLUTION_ NO. R 94 - 36, A RESOLUTION adjusting bus fares on the City transit system for March 31, 1994. *18. APPROVAL OF OFFICE OF HOUSING & NEIGHBORHOOD CONSERVATION PROGRAM OVERVIEW (1975 -1993) The 1975 -1993 Office of Housing and Neighborhood Conservation Program Overview report was approved. 19. CONSIDERATION OF LEGISLATION RELATING TO FEES FOR CABLE TV COMMUNICATION SERVICES (Continued from 2/22/94) John Hanson, Director of Finance and Budget, stated that Council had requested staff to review with our legal counsel our ordinance to make sure there was a equity between the franchise cable operator and any other cable operators who may be providing services in Yakima. A report was brought back to Council on February 28th, which was reviewed and deferred for action at that time. He stated the ordinance presented to Council today addresses the concerns raised at that February 28th meeting. City Attorney Paolella stated that Liz Thomas, Preston, Thorgrimson, helped draft the original ordinance and this subsequent clarifying ordinance. Pat Carey, General Manager of Northwest Cable, stated this I/ tax is of concern to his firm. Jim Hawthorne, Manager of staff for Northwest Cable, stated his firm is a wireless provider of cable. He stated that 95% of their customers do not have access to wired cable. They have eight channels in comparison with 32 channels offered in Yakima. He stated they have approximately 5,000 customers, most in the rural areas. He further commented that they don't believe they are competitors of TCI Cable. Mayor Berndt asked how many of 5 221 MARCHaE 1994 their customers live within the.City. Mr. Carey estimated it would be between 200'and 300. 'He stated there are other businesses that Council should investigate to see if they need to comply with this ordinance. Larry Mathews, 805 South 17th Avenue, expressed his opinion that this is an unfair tax since only 40% of the people in Yakima, those who have cable, will be required to pay this tax. He commented that he would not have been willing to pay this tax if TCI had added it to his bill instead of including it in his current rate. Ordinance No. 94 -13, having been read by title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO PASS THE ORDINANCE. The motion carried by 4 -3 roll call vote; Barnett, Berger and Brado voting nay. ORDINANCE NO. 94 - 13, AN ORDINANCE relating to license fees or taxes upon persons in the business of furnishing cable television service; amending section 5.50.065 to the City of Yakima Municipal Code; and providing for related matters. 20. OTHER BUSINESS Connie Little asked Council to support the petition before the Boundary Review Board requesting annexation of property in the East Mead area into the City of Yakima. Larry Peterson, Assistant City Attorney, explained that if there wasn't a request_ for review, the Union Gap annexation election proposal would automatically be approved by the Boundary Review Board. At least 5% of the registered voters are requesting review and that will invoke the Boundary Review Board jurisdiction so the matter will come up before the Board. The question is whether the City of Yakima will become a part of the review. By becoming a formal party, we would have the ability to request to review the Boundary Review Board's decision. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO JOIN WITH THE CITIZENS AND SUPPORT THEIR PETITION TO THE BOUNDARY REVIEW BOARD. The motion carried by unanimous voice vote. • Referring to the schedule of public meetings to explain the proposed bond issues, Assistant City Manager Rice, requested Council attendance at as many of these meetings as possible. 1/ Glenn Valenzuela, Director of Community and Economic Development, advised Council about a request from Joe Schons to reschedule the Greenway SEPA Appeal decision from April 12th to May 3rd. After determining that the public hearing had been closed, it was the consensus of the Council to keep the April 12th date. Council Member Barnett requested staff provide Council with information on action needing to be taken on the KPFF issue and on the issue which was being discussed at the time the hearing was continued to March 29th. 6 222 MARCH 22, 1994 Information Items:. Items of information supplied to Council were: Agenda for March 24, 1994 Hearing Examiner meeting; Agenda for March 23, 1994 Housing Authority Board meeting; Memorandum from Associate Planner regarding Office of Financial Management Population Determinations. 3/14/94; Memorandum from Benton County Treasurer regarding Public Responsibility- Community Involvement on Hanford U.S. Department of Energy Community Health Issues. 3/10/94; I -82 /Yakima Avenue Interchange and Fair Avenue Project Phases II & III Progress Report - December 1993 through January 1994. 3/4/94; Letter to Washington State Department of Transportation regarding City of Yakima Application - 1994 Statewide Surface Transportation Program Competitive Program. 3/16/94; Assignments Pending in Office of Environmental Planning as of March 22, 1994; Agenda for March 23, 1994 City Police & Fire Civil Service Commission and minutes of its March 8, 1993 and October 27, 1993 minutes; Article from the March 13, 1994 The Seattle Times, "Business Section "; and New Vision newsletter, In Our Scope, March 1994. 21. EXECUTIVE SESSION REGARDING: A. PROPERTY DISPOSITION (REQUEST BY LEROY BOWEN) B. PENDING LITIGATION (CLISE LITIGATION) It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PROPERTY DISPOSITION AND PENDING LITIGATION, TO BE FOLLOWED BY IMMEDIATE ADJOURNMENT TO MARCH 29, 1994 AT 9:30 A.M. The motion carried by unanimous voice vote. 22. ADJOURNMENT TO MARCH 29, 1994 AT 9:30 A.M., COUNCIL CHAMBERS, FOR CONTINUATION OF KPFF LAND USE APPLICATION HEARING Following the conclusion of the Executive Session, the meeting adjourned at 3:45 p.m. CERTIFIED ACCURATE BY : i f:�► ./G'' e. %/7' >.. READ AND CERTI �► COUN IL MEMBER 1 ATE ?X COUNCIL MEMBER DATE ATTEST: CITY CLERK MAYOR An audio and video tape of this meeting are available in the City Clerk's Office 7