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HomeMy WebLinkAbout03/10/1992 Business Meeting 182 CITY OF YAKIMA, WASHINGTON MARCH 10, 1992 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, Councilmembers Clarence Barnett, Bill Brado, Skip Semon and Bernard Sims present on roll call. Councilmember Beauchamp absent and excused, Councilmember Buchanan absent and excused on City business. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Clerk Harris also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER It was the general consensus of the Council to reverse Items Nos. 7 and 8, to correspond with the information in the packet and to move Audience Participation after the public hearing. 4. CONSENT AGENDA The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY SEMON, THAT THE CONSENT AGENDA, AS READ, BE PASSED. The motion carried by unanimous roll call vote; Beauchamp and Buchanan 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 FEBRUARY 25, 1992 BUSINESS MEETING The Council minutes of the February 25, 1992 Business meeting were approved, having been duly certified accurate by two Councilmembers and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION Audience participation was conducted after Item No. 8. Larry Mathews, 805 S. 17th Avenue, discussed the new building for Comprehensive Mental Health and urged the Council to be 183 MARCH 10, 1992, certain they complied with affirmative action laws, and in particular women. Neal Coffey, 7001 Englewood, discussed the new fire trucks, which are being paid for by the bond issue through the former Fruitvale Fire District. He objects to the trucks not being kept at the Fruitvale Fire District. He also requested bus service for the Castlevale /34th Avenue area, which Councilmember Brado has requested. He supports a trolley survey to all citizens to evaluate who is using them. 7. PUBLIC HEARING ON 1992 HOUSING BOND ORDINANCE This being the time set for the public hearing, Housing and Block Grant Manager Kracht reviewed the five year projection financial plan for Housing. This plan was for three different bond issues, the first was last year for $400,000, the second is this year for $400,000, and next year it will be $200,000. This restructures the City's housing debt into a ten year period, so City Housing will be debt free by then. The interest rate at this time is 8.3 %. This bond issue will be brought to the Council in the form of a resolution on April 14th. Mayor Berndt opened the public hearing for public comment, there being no one wishing to speak to the issue, the Mayor closed the public hearing. Ordinance No. 3438 having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO ADOPT THE ORDINANCE. The motion carried by unanimous roll call vote; Beauchamp and Buchanan absent. ORDINANCE NO. 3438, AN ORDINANCE of the Council of the City of Yakima, Washington, providing for the issuance, sale and delivery of limited tax General Obligation Bonds for the purposes of funding a program for rehabilitation of single - family owner - occupied residences and for redeeming and retiring certain promissory notes; authorizing the execution of bonds of the City in the principal amount of not to exceed $400,000; providing for the disposition of the proceeds of such bonds; fixing the form, terms, maturity and covenants of such bonds; accepting an offer to purchase the bonds and creating a fund from which the principal of and interest on such bonds shall be paid. 8. PUBLIC MEETING ON 1991 GRANTEE PERFORMANCE REPORT AND PROGRAM OVERVIEW This being the time set for the public meeting, Housing and Block Grant Manager Kracht reported that over 3,000 persons 2 184 MARCH 10, 1992 were helped and $700,000 in block grant money plus $1.9 Million was spent on 117 units in the Yakima community. She stated although they could find only a few minority I/ construction companies in the City, a large number of minorities were given jobs and training in the building industry. Mayor Berndt asked for anyone wishing to speak to this issue. Phil Pleasant, 701 S. 7th Avenue, stated he still feels the City does not give enough benefits to the black community. He stated he felt the City was wrong in refurbishing old buildings instead of building new ones. Ms. Kracht replied that the. City cannot afford to go out and build new buildings; also the housing loans are repaid and put back into the community. Councilmember Semon commended Ms. Kracht and stated the State is very interested and proud of the progress that has been made in housing in Yakima. There being no one else present wishing to speak to the issue, Mayor Berndt closed the public meeting. It was MOVED BY BARNETT, SECONDED BY BRADO, TO ACCEPT THE GRANTEE PERFORMANCE REPORT AND AUTHORIZE CITY MANAGER ZAIS TO SUBMIT THE REPORT TO HUD. The motion carried by unanimous voice vote; Beauchamp and Buchanan absent. 9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LICENSE AGREEMENT WITH MORRIER BUILDING, INC. FOR REFUSE STORAGE AND GREASE TRAP SITES AT THE SOUTHWEST CORNER OF YAKIMA AVENUE AND 3RD STREET (AVAILABLE MONDAY) Planning Manager Skone discussed the site plans for the Olive Garden Restaurant, owned by General Mills. They are requesting the use of five parking stalls to use for the construction of a custom made refuse storage area and grease trap site. They have planned for ten additional parking spaces to replace the five displaced spaces. The ten spaces would be placed in the driving lanes in the parking lot, thereby redirecting the flow of traffic. They propose replacing the sidewalk, which is damaged, and paying $800 annual compensation for the lost rental revenue of the parking stalls. Al Royal, representative for Morrier Building, Inc., discussed General Mills' plans for the restaurant. He showed a video of the trash containers presently used in the downtown area of the City. He then compared them with the modern, enclosed area which General Mills uses, including hot and cold running water and a drain system which recycles grease prior to entering the City sewer system. They have 3 185 MARCH . 10, 1992. a full program in recycling and they pride themselves in enhancing the neighborhood, rather than having an eyesore. Mr. Royal addressed possible questions which might be asked concerning the building. Landscaping will be included around the building. The Downtown Area Redevelopment Committee (DARC) has reviewed the proposal and voted 8 -1 to approve the building. In response to questions concerning parking, Mr. Royal stated General Mills has made an agreement with Yakima Mall to validate parking for the restaurant. David Combs, Architect for General Mills, explained the plans and stated that General Mills believes this to be a real asset to the City and wants to be a "good neighbor ". Pete Skov, owner of an adjacent property, stated he felt the landscaping and the enclosed refuse area would be a hiding place for undesirables. Mike Mercy, 230 S. 2nd Street, commented on the parking spaces and spoke against the restaurant being built on that site. He discussed the Larson Building, stating this would take away some of their parking. He feels parking spaces should not be used for anything other than parking. Councilmember Brado agreed with Mr. Mercy that parking spaces should not be used for the refuse containers. Gordon Chin of the Jade Tree Restaurant stated he is against the site being used for the restaurant, stating there would not be enough parking. Councilmember Semon asked why the refuse containers could not be next to the street instead of in full view of adjoining businesses. Mr. Royal stated it was designed the way it is because it would minimize changes in the parking lot and it would be more eye appealing than being next to the street. The Council discussed General Mills moving it to a site adjacent to the street. Mr. Royal stated he believed General Mills would be willing to make that move. Dave Miller, Cliff Miller's, 22 N. 2nd Street, spoke against General Mills being allowed to use the parking spaces for $800 a year. Mr. Skone explained the rate the City asked for compensation is calculated according to a percentage of the square footage land value. Discussion ensued about charging the current space rental rate, which would amount to $1800 annually. Mr. Miller said he would like to rent parking spaces for his trash containers. 4 186 MARCH 10, 1992 Beverly Orteig, 214 E. Yakima Avenue, objected to the refuse containers being placed in front of her back door entrance. She presented pictures of the containers at Red Lobster, which will be the same or very similar. She stated the rear entrance is used as much, or more, than the front door. She stated if the City was going to start renting parking spaces I/ for $800 annual fees she would rent five stalls and put an Expresso cart in the spaces. She reported none of the businesses in the area were contacted prior to this. She suggested all the adjoining businesses construct a mutual refuse container for all to use. Following further discussion concerning compensation for the parking spaces, and the resolution having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. It was then MOVED BY SEMON, SECONDED BY SIMS, TO AMEND THE RESOLUTION TO INCLUDE $1,800 ANNUALLY, OR THE GOING RATE, BE CHARGED FOR THE FIVE PARKING SPACES, AND THAT THE REFUSE AND GREASE TRAP CONTAINER AREA BE MOVED TO THE END OF THE SITE ADJACENT TO 3RD STREET. The motion was carried by unanimous roll call vote; Beauchamp and Buchanan absent. Brado stated he voted aye, but did not find it acceptable because of the parking spaces. The question was called for a vote on the.motion, as amended. The motion carried by 3 -2 roll call vote; Barnett and Brado voting nay; Beauchamp and Buchanan absent. RESOLUTION NO. D -6066, A RESOLUTION authorizing the execution of a License Agreement with Morrier Building Inc. for a refuse storage and sewer grease trap sites in City of Yakima Parking Lot #2. Council adjourned for a brief recess at the hour of 3:15 P.M.; reconvening at 3:45 P.M. 10. REPORTS FROM TRANSIT DIVISION: A. ROUTE EXTENSION IN NEWLY ANNEXED CASTLEVALE AREA Transit Manager Schultz displayed a map for the Council to review the area in question. Councilmember Brado discussed Option No. 3. He stated he was told by a very reliable source that it would only add an additional three minutes to the schedule. In answer to Mr. Schultz's question, he stated he could not divulge his source. Mr. Schultz stated Route 10X would have the time to run the route, but does not run between 10:00 A.M. and 2:00 P.M. He reported the Transit Division would like to make a route analysis, by the staff, to 5 ., ``E { ;K 187 MARCH. 10.,. 19 92,_ decide which areas, both recently annexed and slated for future annexation, need extending and or changing. The I/ cost of reprinting a route schedule-was discussed. It was MOVED BY BRADO, SECONDED BY BARNETT, TO EXTEND THE 10X ROUTE TO INCLUDE THE NEWLY ANNEXED AREA OF CASTLEVALE /34TH AVENUE. The motion carried by 3 -2 voice vote; Semon and Sims voting nay; Beauchamp and Buchanan absent. It was MOVED BY SEMON, SECONDED BY SIMS, TO MARE IT A PRIORITY, TO DIRECT A SYSTEM -WIDE ROUTE ANALYSIS, BY STAFF, OF NEWLY ANNEXED AREAS, AND SOON TO BE ANNEXED AREAS, BY THE TRANSIT DEPARTMENT. The motion carried by unanimous voice vote; Beauchamp and Buchanan absent. B. TROLLEY OPINION SURVEY Transit Manager Schultz discussed the trolley survey. Councilmember Barnett asked if the latest ridership number would be used for this survey; Mr. Schultz answered in the affirmative. Various questions that might be asked of citizens were discussed. Councilmember Sims stated he felt nothing could be gained by this survey. Councilmember Semon stated they have additional information now that they did not have when the trolleys first began. He•feels the trolley routes should have as much validity as a transit route as any other route. Helen Williams spoke favorably about the downtown trolleys and stated she would hate to see them discontinued. She suggested charging a small fare. Councilmembers Barnett and Brado feel the downtown businesses needs to be surveyed to find out if they are willing to share in the continued funding of them. Following further discussion, it was MOVED BY BRADO, SECONDED BY BARNETT, TO DISTRIBUTE THE BUSINESS OPINION SURVEY. The motion failed by 3 -2 voice vote; Berndt, Semon and Sims voting nay; Beauchamp and Buchanan absent. . C. TRANSIT SYSTEM SURVEY Transit Manager Schultz asked the Council to review the letter from Greg Heartburg, of the Office of Aging and Longterm Care. The consensus of the Council was that this was too much information to try to include. 6 188 MARCH 10, 1992 Councilmember Barnett discussed his revisions for the survey. Following further discussion, it was MOVED BY SIMS, SECONDED BY SEMON, TO SUBMIT THE TRANSIT SYSTEM SURVEY AS AMENDED, MAKING 1B, NO. 2 AND ELIMINATE "IF YOU ANSWERED YES TO QUESTION NO. 1 ", AND ELIMINATE "OR OTHER 1/ TRANSIT SERVICES ", OUT OF NO. 2, WHICH WILL BECOME NO. 3, AND ADD "WOULD YOU FAVOR DECREASING THE REGULAR FIXED - ROUTE BUS SERVICE TO ALLOW FOR CONTINUATION OF DOWNTOWN TROLLEY SERVICE "? The motion carried by unanimous voice vote; Beauchamp and Buchanan absent. IT WAS MOVED BY BARNETT, SECONDED BY SIMS, TO SUBMIT THE TRANSIT SYSTEM SURVEY AS AMENDED, IN A SPECIAL MAILING, INCLUDING THE REFUSE SURVEY, AND INCLUDE STAMPED, RETURN ENVELOPES. The motion carried by unanimous voice vote; Beauchamp and Buchanan absent. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO LEASE AGREEMENT WITH CENTURY PLAZA FOR LEGAL DEPARTMENT OFFICE SPACE AT 201 EAST LINCOLN RESOLUTION NO. D -6067, A RESOLUTION authorizing the execution of an Office Lease Agreement Addendum with the Century Plaza Partnership. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 3 TO THE AGREEMENT WITH TRAHO, INC. FOR PROFESSIONAL SERVICES RESOLUTION NO. D -6068, A RESOLUTION authorizing execution of an amendment to the agreement with TRAHO INC. Architects for professional services. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF GROUND WATER MONITORING CONTRACT WITH CH2M HILL RESOLUTION NO. D -6069, A RESOLUTION authorizing the execution of an agreement for professional engineering services between the City of Yakima, a municipal corporation, and CH2M Hill, Inc. *14. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING ON 1992 IRRIGATION MAINTENANCE ASSESSMENT ROLL FOR APRIL 7, 1992 RESOLUTION NO. D -6070, A RESOLUTION setting a date for hearing on the confirmation of the irrigation maintenance assessment roll for the year 1992. 7 189 MARCH 10, 1992 *15. NOTICE OF INTENTION TO INITIATE MODESTO WAY /NORTH 50TH AVENUE ANNEXATION (STANDARD MOTIONS A & B) March 10, 1992 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, being those listed in Petition No. 1134. The Annexation proposed by the above parties listed in Petition No. 1134, was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness, and staff was directed to file with the Yakima County Boundary Review Board the Notice of Intent to Annex. *16. SECOND READING OF ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS INTO THE LAW AND JUSTICE FUND An Ordinance amending the 1992 budget and appropriating funds into the Law and Justice Fund for the purchase of a Police Mobile Data System, having been read by title only at the February 25, 1992 meeting, was brought before the Council for a second reading. ORDINANCE NO. 3439, AN ORDINANCE amending the 1992 budget for the City of Yakima; and making an appropriation of $45,000 in the Law & Justice Fund for expenditure during 1992 for purchase of a Police Mobile Data System. 17. CONSIDERATION OF ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS FOR PROPERTY AT TIETON DRIVE AND 32ND AVENUE Engineering Director Covell briefed the Council on the Ordinance which would exercise condemnation and taking of the remaining parcels, which have not been bought for the 32nd Avenue Intersection improvement. He stated the project is stalled until the City receives possession of the two remaining parcels, which are owned by Dr. and Mrs. Lefors. Councilmember Brado questioned Mr. Covell about the rights of the City to condemn and take property at the price the City offers, if there is a public need. Mr. Brado questioned the feasibility of taking this property and widening the street in that area, which is close to a school. He stated he is concerned for the safety of the children in the area. Mr. Brado feels the Lefors need to be fairly compensated for the loss of property and landscaping. Councilmember Barnett was concerned with the change in the traffic flow and the 8 190 MARCH 10, 1992 safety factor. Mr. Covell does not feel it will be enough of a change to be a safety problem. Councilmember Barnett asked if the $2,400 offered to the Lefors included landscaping loss, as well as land. Mr. Covell stated it was his understanding that it was; stating the City would be willing to look at additional information from the Lefors. Judy Lefors, 602 S. 32nd Avenue, stated she had never met Mr. and was not familiar with some of the information he had given. She said she was very upset and unhappy over her loss of rights. She stated she has not discussed a dollar amount with anyone from the City. She expressed her concern with the added speed that she believes will be a reality with the widened street. She stated she was not notified about the street construction until an appraiser came to her house. She said she has been able to get very little information from anyone concerning the property which was to be taken. She feels the $2,400 offer of compensation for land and landscaping and property impact was a very unfair offer. She said she has talked with Mr. Sweesy, project appraiser, but has not been able to receive any information she needed from him. She stated she had talked to City Engineer Fred French and was told she was asking $55,000 for the property. She said she told him she did not know where that amount came from. She stated she was told, by Mr. Sweesy, that there was only $15,000 left in the budget to pay for the property. She added she was told by Mr. French that the project would be done "whether you like it or not" and told that her property would be condemned and she could go to court, but not get a penny more than what was offered on paper, plus she would have legal fees, and have no money and no land and that she would really look bad because of this. She stated money was not the issue and she was shocked when she received the letter stating her property was being condemned. She said she was under the impression that she would have the time to receive prices from real estate appraisers and prices for the landscaping, to present to the City for consideration. Dr. Lefors conducts part of his practice out of their home and she is concerned about his patients being able to get in and out of their property, with this construction. It was stated by Mrs. Lefors and Councilmember Brado that they did not know each other, other than a few phone calls concerning this issue. The possibility of leaving this area the way it is, without the construction, was discussed. Mr. Covell stated the project was part of a bond issue and has to be completed, and 9 191 MARCH 10, 1992,,:- if not completed, Federal and State tax money would be withheld. Councilmember Semon suggested delaying the decision and project until more information could be gained. In answer to City Manager Zais' question, Mr. stated the City has asked for an extension beyond the July, 1992, deadline for the project. They have not received a response on this yet.. He stated the project could be started late summer, without any problems. Therefore, Mr. Zais recommended the matter be deferred for 30 days to allow Mrs. Lefors to speak with Mr. Covell and to receive more information. It was MOVED BY SEMON, SECONDED BY SIMS, TO DEFER THE DECISION FOR 30 DAYS, UNTIL MORE INFORMATION CAN BE GAINED. The motion carried by unanimous voice vote; Beauchamp and Buchanan absent. • 18. OTHER BUSINESS Mayor Berndt announced that she would be out of town Wednesday and Thursday of this week. Wednesday she will be testifying to the Education Board on behalf of Yakima Valley Community College, for the lifting of the enrollment lid. Thursday she will be with the County Commissioners and Tree Top officials in Seattle,. to promote our Agriculture Showcase. Councilmember Barnett requested an adjustment in the agenda, when necessary in the future, so citizens are not kept waiting through discussion of items that involve staff and Council only. This was agreed to by the Council. City Manager Zais stated the agenda is set by the ordinance, however the Council can rearrange the agenda at their discretion. Information Items: Items of information provided to Council were: DOE meeting notices on outdoor burning and proposed motor vehicle emission inspection changes. February 1992; Letter from TCI Cablevision of Yakima Valley, Inc. reviewing progress made in 1991 to enhance service areas. 2/24/92; Letter from State Department of Community Development regarding State Lands Inventory. .3/3/92; Memorandum from Director of Public Works and Parks and Recreation Manager regarding Citizen Committee for Parks and Recreation Planning and Future Parks Bond Issue Needs Assessment. 3/5/92; Memo from Director of Public 10 192 MARCH 10, 1992 Works and Supervising Traffic Engineer regarding Monthly Service Requests for February 1992; Letter from Regional Director of EDA regarding invitation to submit application for construction of water and sewer facilities and road. 3/4/92; Memorandum from Director of Public Works, Transit Manager and Customer Relations regarding Report on 1991 Contract with Washington Transit Advertising. 2/26/92; Letter from West Valley School District No. 208 to Yakima County Assistant Director of Planning regarding Ronald Coleman and Dennis Herron properties; Memorandum from City Attorney regarding Damage Claims Referred to Insurance Company. 3/2/92; Assignments Pending in Office of Environmental Planning as of March 10, 1992; Permit Center Report for February 1992. 2/26/92; Minutes of the December 3, 1991 and February 4, 1992 Substance Abuse Coalition meetings; Minutes of the November 14, 1991 and January 9, 1992 Community Development Advisory Committee meetings; and Article from February 29, 1992 The Economist, "Toxic Waste - Paying for the Past 19. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION AND DISPOSITION OF PROPERTY It was MOVED BY BARNETT, SECONDED BY BRADO, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PROSPECTIVE LITIGATION AND DISPOSITION OF PROPERTY, WITH IMMEDIATE ADJOURNMENT TO MARCH 17, AT 11:30 A.M. AT THE HOLIDAY INN. The motion carried by unanimous voice vote; Beauchamp and Buchanan absent. 20. ADJOURNMENT TO MARCH 17, 1992 AT 11:30 A.M. AT THE HOLIDAY INN FOR EXECUTIVE SESSION Following the completion of the Executive Session, the meeting was adjourned at the hour of 5:55 P.M. � / READ AND CERTIFIED ACCURATE BY: - / 0 CILMEMBER DATE , ‘ T-1 C• MEMBER BATE ATTEST: p CITY CLERK MAYOR Minutes prepared by Clerk Harris 11