HomeMy WebLinkAbout10/17/1995 Business Meeting 324
CITY OF YAKIMA, WASHINGTON
OCTOBER 17, 1995
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, Mayor Pat Berndt,
presiding, Council Members Clarence Barnett, Henry
Beauchamp, Bill Brado, Lynn Buchanan, and Bernard Sims
(absent after 3:15 p.m.) present on roll call. Council
Member Ernie Berger absent and excused. 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 Sims.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Patty Dion, YWCA, accepted the proclamation declaring
October 15- 21,,1995 as Week Without Violence. Ms. Dion
described some program activities, community involvement as
well as nationwide participation in this effort.
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 announced that Agenda Item No. 9 had been removed from
the Agenda and Item No. 22B had been added as an off - agenda
item. It was the consensus of the Council to add Item No. 7
to the Consent Agenda. The City Clerk then read the Consent
Agenda items, including resolutions and ordinances by title.
It was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT THE
CONSENT AGENDA, AS READ, BE ADOPTED. The motion
carried by unanimous roll call vote; Berger absent.
(Subsequent paragraphs preceded by an asterisk ( *) indicate
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items on the Consent Agenda handled under one motion without
further discussion.)
Mayor Berndt announced that Agenda Item No. 13 will be a
joint public hearing with Yakima County and Union Gap. It
will be held at 1:30 p.m. at the Convention Center on
December 5, 1995.
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October 17 1995 3 2 _
*5. APPROVAL OF THE MINUTES OF THE OCTOBER 3, 1995 BUSINESS
MEETING
The minutes of the October 3, 1995 Business meeting, was
approved, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
6. AUDIENCE PARTICIPATION
A. APPEARANCE BY DR. R. G. MACKINTOSH TO SUBMIT PETITION
REGARDING TRAFFIC CONCERNS ON WEST CHESTNUT
Dr. R. G. Mackintosh asked the Council to take action on
Petition No. 1195 requesting traffic and speed controls for
West Chestnut Avenue. This street is a designated bicycle
route and a street heavily used by pedestrians. Traffic and
speeding on West Chestnut Avenue are making it unsafe for
bicyclists, pedestrians and residents.
Ingrid Rodgers also directed Council's attention to the
large amount of pedestrian use and expressed safety concerns
for this street, particularly speeding and excess traffic
problems between 16th and 40th Avenues. She requested the
Denver stop sign pattern be utilized with stop signs at
every other intersection as soon as practically feasible;
she is opposed to installing speed humps.
Council members discussed the problems raised by these
residents and pointed out the need to study the problems;
the area from 40th Avenue to the City Limits should also be
included.' Other ways to address the problems were suggested
including closing West Chestnut to through traffic as well
as installing roundabouts on the street. After continued
discussion about the large amount of pedestrian traffic in
this residential area and the need to study the issue,
paying particular attention to its bicycle route
designation, it was MOVED BY SIMS, SECONDED BY
BEAUCHAMP, TO REFER THIS BACK TO STAFF TO BRING A
RECOMMENDATION BACK TO THE COUNCIL. Dave Hussell
explained the staff recommendation to include this petition
1/ with other requests staff is reviewing. Each request for
traffic calming measures would be reviewed following
procedures set forth in the Neighborhood Traffic•Management
Policy. There was further discussion among Council members
concerning the one -year timeframe requirement for speed
humps; however, solutions should be explored for other area
requests. Dr. Mackintosh did not feel that this area is a
good candidate for speed hump installation because the
street is too long and it would create instability. Stop
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October 17, 1995
signs would economically address their concerns and could be
installed on a trial basis. The question was called for
a vote on the motion. The motion carried by unanimous
voice vote; Berger absent. Mayor Berndt requested the
Bicycle /Pedestrian Committee be consulted about this issue.
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Ken Bartlett, Birds Unlimited, 1112 Rock Avenue, presented a
petition to Council requesting a waiver of the ordinance
banning the discharge of pellet rifles for controlling birds
that damage property. Although they use traps for most of
their work, there is about 40 percent that need other
methods. He requested a waiver of this restriction.
Mr. Bartlett pointed out they are trained in safety of
pellet guns. It was MOVED BY BARNETT, SECONDED BY
SIMS, TO REFER THIS REQUEST TO THE LEGAL DEPARTMENT
FOR REVIEW. The motion carried by unanimous voice vote;
Berger absent.
*7. REPORT FROM YAKIMA CENTER ADVISORY COMMISSION AND STAFF
REGARDING PROPOSED LEGISLATION FOR YAKIMA CONVENTION CENTER
EXPANSION PROJECT:
A. ORDINANCE ESTABLISHING LOCAL OPTION HOTEL -MOTEL EXCISE
TAX
ORDINANCE NO. 95 - 52, AN ORDINANCE relating to local
option hotel /motel excise tax; composing a local option
hotel /motel excise tax of three percent, authorizing
collection of that tax by the State of Washington Department
of Revenue, and providing` for expenditure of that tax; and
enacting as new sections Section 3.92.010, 3.92.020,
3.92.030, 3.92.040, 3.92.050, all of the City of Yakima
Municipal Code.
B. RESOLUTION AUTHORIZING PROFESSIONAL ARCHITECTURAL
SERVICES FOR DESIGN OF CONVENTION CENTER EXPANSION
RESOLUTION NO. R - 95 - 138, A RESOLUTION authorizing and
directing the City Manager and City Clerk of the City of
Yakima to execute an agreement with Traho, Inc. for
professional architectural services for the Yakima Convention
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Center renovation and expansion project.
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C. ORDINANCE AUTHORIZING SALE OF,"LIMITED TAX G.O. BONDS AND
INTERIM FINANCING FOR CONVENTION CENTER EXPANSION PROJECT
ORDINANCE NO. 95 -53, AN ORDINANCE of the City Council of
the City of Yakima, Washington, providing for the issuance
I/ and sale of General Obligation Bonds of the City in the
aggregate principal amount of not to exceed, $6,000,000, for
the purpose of providing funds to acquire, construct and
equip ;improvements to the Convention Center facilities of the
City, subject to the approval of the terms of the sale of
such bonds by the City Council; providing the form of the
bonds to be issued and pledging the City's hotel and motel
taxes to pay the principal thereof and interest thereon;
authorizing a preliminary official statement; and approving
the sale of such bonds.
D. RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT
FOR DEVELOPING R.F.P. FOR KITCHEN DESIGN AND CATERING
CONTRACT SPECIFICATIONS
RESOLUTION NO. R -95 -139, A RESOLUTION authorizing the
City Manager and the City Clerk of the City of Yakima to
execute a concessionaire agreement between the City of
Yakima, the Yakima Valley Visitors and Convention Bureau, and
M & M Catering Services, Inc. to obtain food service and
concessions at the Yakima Convention Center.
E. RESOLUTION EXTENDING M &M CATERING CONTRACT FOR CONVENTION
CENTER
RESOLUTION NO. R -95 -140, 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 William Caruso & Associates, Inc.
8. PRESENTATION OF 1996 PRELIMINARY BUDGET FORECAST
A. SET DATE OF PUBLIC HEARING FOR NOVEMBER 7, 1995 REGARDING
AD VALOREM TAX ORDINANCE
B. SET DATE OF PUBLIC HEARING FOR NOVEMBER 21, 1995 ON THE
PROPOSED 1996 BUDGET
City Manager Zais announced that the City of Yakima has
received the Government Finance Officers Association (GFOA)
Award for Distinguished Budget Presentation for the ninth
consecutive year. Accreditation must be re- earned each year
to receive this award. Mr. Zais recognized the efforts of
the Council and the Finance and Budget Department staff in
this accomplishment.'
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October 17, 1995
City Manager Zais presented a brief overview of the 1996
Preliminary Budget Forecast. The budget is established in
accordance with the Council's Mission and Vision and Critical
Strategic Priorities. Extensive details will be presented
during upcoming budget review meetings. Mr. Zais reported
that the $1.4 million budget is eight percent less than the
1995 Amended Budget with less capital expenditures and
correspondingly less revenues expected in 1996 than actually
occurred in 1995. This is due to work done on the new Police
Station /Legal Center facility, the I -82 Project and other
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capital improvements. With the aid of graphs and charts,
Mr. Zais summarized increases in major fixed, mandated and
contractual costs projected in the budget for 1996. Those
increases include a proposal to add police support personnel
for the new Police Station /Legal Center facility; labor
settlements and wage increases; increased City contributions
for medical, dental and other fringe benefits including
Police and Fire Pension cost impacts, as well as normal
increases in the cost of business for fuel and utility
expenses. Mr. Zais also referred to revenue and expenditure
trends for 1996 and there was a brief discussion among
Council members and staff concerning the one -tenth of one
percent sales tax that will go to Yakima County and none to
the City.
John Hanson, Director of Finance and Budget, briefly outlined
the upcoming budget review schedule and public hearings on
the Ad Valorem Tax and 1996 Budget. It was MOVED BY
BARNETT, SECONDED BY BUCHANAN, TO SET NOVEMBER 7,
1995 AS THE DATE OF PUBLIC HEARING REGARDING AD
VALOREM TAX ORDINANCE. The motion carried by unanimous
voice vote; Berger and Sims absent. It was MOVED BY
BARNETT, SECONDED BY. BUCHANAN, TO SET NOVEMBER 21,
1995 AS THE DATE OF PUBLIC HEARING ON THE PROPOSED
1996 BUDGET. The motion carried by unanimous voice vote;
Berger and Sims absent.
9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH WASHINGTON SERVICE CORPS FOR ENHANCEMENT OF
YILA FACILITIES (AVAILABLE TUESDAY)
This item was not available.
*10. REPORT FROM POLICE DEPARTMENT REGARDING POLICE STATION /LEGAL
CENTER 1996 BUDGET AND STAFFING PLAN
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The report regarding the 1996 New Police Station /Legal Center
Budget and Staffing Plan was accepted.
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October •. < ;17, 1995
*11. CONSIDERATION OF RE 'OLUTIONAUTHORIZING EXECUTION OF
INTERLOCAL AGREEMENT WITH COMMUNICATIONS TECHNOLOGY CENTER
FOR THE WASHINGTON COMMUNITY AND TECHNICAL COLLEGES
RESOLUTION NO. R -95 -141, A RESOLUTION authorizing the
I/ execution of an Intergovernmental Cooperative Purchasing
Agreement with Communications : Technology Center for the
Washington Community and Technical Colleges (CTC).
*12. CONSIDERATION OF RESOLUTION OF INTENTION TO CREATE ALPINE
COURT SEWER LOCAL IMPROVEMENT DISTRICT (SET DATE OF HEARING
FOR NOVEMBER 7, 1995)
RESOLUTION NO. R -95 -142, A RESOLUTION of intention to
create a local improvement district and to issue tax exempt
bonds to finance improvements.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL ENGINEERING AGREEMENT WITH HDR FOR REQUIRED
STORMWATER WRAP -UP ACTIVITIES PURSUANT TO STATE GRANT FUNDING
AGREEMENT AND SETTING DATE OF HEARING FOR DECEMBER 5, 1995
FOR STORM DRAINAGE PLAN
RESOLUTION NO. R -95 -143, A RESOLUTION authorizing the
execution of an agreement for professional engineering
services between the City of Yakima, a municipal corporation,
and HDR' Engineering, Inc,..
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December 5, 1995 was set as the date of public hearing on the
Stormwater Management Plan.
*14. CONSIDERATION OF RESOLUTION CONFIRMING APPOINTMENT OF BILL
ELKINS TO THE AIR TERMINAL BOARD •
RESOLUTION R -95 -144, A RESOLUTION approving the
appointment of Bill Elkins as the "at- large" appointee to the
Yakima Air Terminal Board.
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*15. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF SURPLUS CITY
I/ PROPERTY (SEWER RODDER) TO THE CITY OF MOXEE
RESOLUTION NO. R -95 -145, A RESOLUTION authorizing sale
of 1981 sewer rodder unit to the City of Moxee.
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October 17, 1995
*16. SET DATES OF HEARINGS FOR:
A. NOVEMBER 21, 1995 FOR CRITICAL AREAS ORDINANCE
November 21, 1995 was set as the date of hearing to consider
the adoption of the City's interim Critical Area Protection
Ordinance.
B. NOVEMBER 21, 1995 FOR COMPREHENSIVE WATER PLAN
November 21, 1995 was set as the date of public hearing on
the Water Comprehensive Plan.
C. NOVEMBER 7, 1995 FOR RELEASE OF PLATTED PUBLIC UTILITY
EASEMENT IN VICINITY OF 5203 BITTERROOT WAY, REQUESTED BY
MR. AND MRS. YARGER
November 7, 1995 was set as the date of public meeting to
consider the release of platted public utility easement in
the vicinity of 5203 Bitterroot Way, requested by Mr. and
Mrs. Yarger.
*17. APPROVAL OF FINAL CONTRACT PAYMENT FOR MADISON AVENUE AND 8TH
AVENUE UTILITIES PROJECT (STANDARD MOTION V -B -- ACCEPT
CONTRACT AND APPROVE FINAL PAYMENT)
The report from the City Engineer, dated October 9, 1995,
with respect to the completion of the work on the Madison
Avenue and 8th Avenue Utilities project, performed by Central
Concrete & Utilities, was approved, the work accepted and
payment of the final estimates as therein set forth was
authorized.
*18. APPROVAL OF THIRD QUARTER 1995 BUDGET REPORT
The Third Quarter 1995 Revenue and Expenditure Report was
accepted.
19. CONSIDERATION OF ORDINANCE ALLOWING PARKING FOR RESTRICTED
HOURS ON SUNDAYS ON WEST CHESTNUT AVENUE (TWO OPTIONS
AVAILABLE)
OPTION ONE: BETWEEN 11TH AND 12TH AVENUES
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OPTION TWO: BETWEEN 6TH AND 9TH AVENUES AND BETWEEN
11TH AND 12TH AVENUES
Jerry Copeland, Director of Public Works, explained the staff
recommendation to allow parking on Sundays on both sides of
Chestnut Avenue between llth and 12th Avenues. The portion
between 6th and 9th Avenues is too narrow and would restrict
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October, ,17, 1995
emergency vehicle access. Council Member Buchanan pointed
out the difference .-in width between the streets is only six
inches. There was a considerable amount of discussion
concerning whether or not to grant the request and revise the
ordinance to allow parking on Sundays.
I/ Mayor Berndt announced that she would abstain from the vote
before any action is taken because of a possible appearance
of fairness or conflict.
Fred Andrews, speaking on behalf of the First Presbyterian
Church located at 9 South 8th Avenue, requested Council to
pass the ordinance that is designated as Option 2 on the
Agenda.
It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO
PASS ORDINANCE OPTION TWO.
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Sonny Robinson, 101 South 8th Avenue, presented some pictures
to the Council showing available parking. He described the
pictures and spoke in opposition to the request and urged the
Council to keep the street open.
Marcelle Miller, 1402 Hamilton representing the First Church
of God, spoke in favor of the request.
David Jones, Providence Yakima Medical Center, did not see
the limited usage on those streets as a problem in the
perspective of the hospital.
Council Members Barnett aria `Brado spoke in opposition to the
change and expressed concern that the travel of emergency
vehicles would be restricted. The question was called
for a vote on the motion. The motion carried by a 3 -2
roll call vote; Barnett and Brado voting nay; Berndt
abstaining; Berger absent.
ORDINANCE NO. 95 - 54, AN ORDINANCE relating to traffic;
prohibiting parking on the south side of Chestnut Avenue from
7th to 12th Avenues with exceptions for parking on Sundays
during specified hours; and amending Section 9.50.050 of the
City of Yakima Municipal Code.
I/ *20. CONSIDERATION OF LEGISLATION RELATING TO WASHINGTON MIDDLE
SCHOOL RIGHT -OF -WAY VACATION
A. ORDINANCE AUTHORIZING WASHINGTON MIDDLE SCHOOL RIGHT -OF-
WAY VACATION
ORDINANCE NO. 95 - 55, AN ORDINANCE vacating five parcels
of right - of - way in the vicinity of Washington Middle School.
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October 17, 1995
B. RESOLUTION AUTHORIZING EXECUTION OF EASEMENT FOR ATHLETIC
TRACK AND FIELD SPORTS FACILITIES AND ACTIVITIES AT
MARTIN LUTHER KING PARK
RESOLUTION NO. R - 95 - 146, A RESOLUTION authorizing the
City Manager and the City Clerk to execute conveyance to the
Yakima School District No. 7 of an easement for athletic
track and field facilities over a portion of Martin Luther
Park.
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*21. SECOND READING OF ORDINANCES AMENDING THE 1995 BUDGET:
A. ORDINANCE APPROPRIATING FUNDS INTO THE ENVIRONMENTAL FUND
An Ordinance amending the 1995 budget and appropriating funds
for underground storage tank upgrades and remediation and a
hazardous waste storage tank upgrades, previously having been
read by title only, was brought before the Council for a
second: reading.
ORDINANCE NO. 95 - 56, AN ORDINANCE amending the 1995
budget for the City of Yakima; making appropriations for
$50,000 from an Unappropriated Fund Balance within the
Environmental Fund for expenditure during 1995 for
underground storage tank upgrades and remediation, and a
hazardous waste storage facility.
B. ORDINANCE APPROPRIATING FUNDS INTO THE WATER FUND
An Ordinance amending the 1995 budget and appropriating funds
for the purchase of new water meter service material and
professional legal services, previously having been read by
title only, was brought before the Council for a second
reading.
ORDINANCE NO. 95 - 57, AN ORDINANCE amending the 1995
budget for the City of Yakima; making an appropriation of
$100,000 in the 474 -Water fund for expenditure during 1995
for purchase of new water meter service material and
professional legal services.
C. ORDINANCE APPROPRIATING FUNDS INTO THE IRRIGATION FUND
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An Ordinance amending the 1995 budget and appropriating funds
for payment of overtime, operating supplies, repair and
maintenance by contractors and professional services,
previously having been read by title only, was brought before
the Council for a second reading.
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October 17, 1995
ORDINANCE NO. 95- 58,'' ORDINANCE amending the 1995
budget for the City of Yakima; making an appropriation of
$25,000 in the 146- Irrigation Fund for expenditure during
1995 for payment of overtime, operating supplies, repair and
I/. maintenance by contractors and professional services.
22. OTHER BUSINESS
A. Council Member Brado submitted his letter of resignation
effective October 20, 1995.
B. Paul McMurray, Assistant City Attorney, reported the
Washington State Public Disclosure Commission (PDC) and the
State,Attorney General's office have raised a concern that
the City Administration may lack legal authority to conduct a
City Council Candidate Forum. The proposed resolution is
intended to address those concerns and reaffirm its
appropriateness under all applicable laws and regulations.
City Attorney Paolella also provided legal explanation
concerning legal authority issues and how the proposed
legislation will address the PDC's concerns.
Resolution No. R -95 -147 having been read by title, it was
MOVED BY BUCHANAN, SECONDED BY SIMS, - TO ADOPT THE
RESOLUTION. The motion carried by unanimous roll call
vote; Berger absent.
RESOLUTION NO. R - 95 =147, A RESOLUTION reaffirming,
ratifying, and recognizing the authority of the Cable
Communications Division to produce and hold on City
facilities, and air onYPAC, informational City. Council
Candidate Forums for the 1995 election and upcoming City
Council elections in order to inform the citizens of Yakima
regarding City Council candidates.
Information Items:
Items of information provided to Council were: Memorandum
from John Elsden regarding Commute Trip Reduction - 1995
Survey Results. 10/12/9; September 1995 Monthly Traffic
Engineering Citizen Request and Activity Report; September
1995 Monthly Fire Depa rtment Activity Report; Memorandum
from Legal Department regarding Damage Claims Referred to
Third Party Claims Administrator. 10/10/95; September
Monthly Reports from Human Resources regarding recruitment,
hiring and termination; - Assignments Pending in Office of
Environmental Planning as of October 17, 1995; Articles
from September 15, 1995 Developments; and Agenda for the
October 16, 1995 .Conference of Governments Executive
Committee meeting and minutes of its September '28, 1995
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October 17, 1995
meeting. Agenda for the October 18, 1995 Conference of
Governments General Membership meeting and minutes of its
September 20, 1995 meeting.
23. EXECUTIVE SESSION RE:
A. PROSPECTIVE LITIGATION (DAMAGE CLAIM - WILBANKS)
B. PROPERTY DISPOSITION (FORMER FIRE STATION NO. 2)
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It was MOVED BY BUCHANAN, SECONDED BY BARNETT, TO MOVE
INTO EXECUTIVE SESSION TO DISCUSS PROSPECTIVE
LITIGATION AND PROPERTY DISPOSITION. The motion.
carried by unanimous voice vote; Berger and Sims absent.
24. ADJOURNMENT
Following the conclusion of the Executive Session, the
meeting adjourned at 3:45 p.m.
READ AND CERTIFIED ACCURATE BY: det011 / ram.4I 7
CO IL MEMBER DATE
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C ITY CLERK MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are
available in the City Clerk's Office
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