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
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CITY OF YAKIMA, WASHINGTON
MARCH 22, 1994
BUSINESS MEETING
1. ROLL CALL
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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.
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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
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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
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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.
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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.
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*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
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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
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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.
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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
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