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HomeMy WebLinkAbout02/02/1993 Study Session / Business Meeting 124 CITY OF YAKIMA, WASHINGTON FEBRUARY 2, 1993 BUSINESS MEETING /STUDY SESSION 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. Assistant Mayor Lynn Buchanan, presiding, Council Members Clarence Barnett, Henry Beauchamp, Bill Brado, Skip Semon and Bernard Sims present on roll call. Mayor Pat Berndt absent and excused, attending City business. City Manager Zais, City Attorney Vanek, City Clerk Roberts, and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Bill Brado. 3. .OPEN DISCUSSION FOR THE GOOD OF THE ORDER Assistant Mayor Buchanan reported that future transportation was the topic of the Department of Transportation meeting he recently attended. Sid Morrison, who will be the new Secretary of Transportation, was also in attendance at this meeting. One of the things quite often mentioned at this meeting was the fact that alternate forms of transportation must be considered -- more bicycle access, more transit, and light rail (which is being considered on the Coast). Assistant Mayor Buchanan also commented about the tremendous amount.. of money needed to repair the existing transportation system. 4. CONSENT AGENDA Assistant Mayor Buchanan 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 to remove Item No. 8 from the 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 ADOPTED. The motion carried by unanimous roll call vote; Berndt absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 125 FEBRUARY 2, 1993 5. PUBLIC MEETING ON HEARING EXAMINER'S DECISION REGARDING THE WASHINGTON FRUIT STREET VACATION IN THE VICINITY OF CHERRY AVENUE, BETWEEN NORTH 1ST AVENUE AND 3RD AVENUE Due to conflict of interest, Assistant Mayor Buchanan excused himself and left the Council Chambers during this Public Meeting. Council Member Clarence Barnett presided as Acting Mayor during this Public Meeting. Acting Mayor Barnett read a revised paragraph of the proposed ordinance. This being the time set for public meeting, Bruce Benson, Associate Planner, explained the purpose of this Public Meeting is to consider the decision of the Hearing Examiner recommending the partial vacation of Cherry Avenue in the vicinity of North 1st Avenue. The applicant will be utilizing the vacated portion of right -of -way, together with adjoining land to the north and south, for the construction of a new 90,000 square foot fruit packing facility. On behalf of the Planning Division staff, Mr. Benson asked Council members to approve the Hearing Examiner's recommendation and pass the ordinance. Mr. Benson was available to answer any questions. All Council members declared no exparte contact. After further comments, questions and discussion regarding the location of property and traffic considerations, Acting Mayor Barnett opened the Public Meeting and asked for any proponents wishing to speak to the issue. Representing Washington Fruit, Tim Monahan, with R. P. Lewis Construction Company, 203 South 70th Avenue, requested the proposal be approved. He answered a question from Council Member Beauchamp by explaining the reason for the application is to build a large fruit warehouse on the proposed right -of- way in order to unify all Washington Fruit's operations. Mr. Monahan also answered a question from Acting Mayor Barnett regarding what they planned to do with the easements. There being no one else wishing to speak in favor of the I/ issue, Acting Mayor Barnett asked if any opponents wished to speak against the issue. There being no one wishing to speak, Acting Mayor Barnett closed the Public Meeting. Ordinance No. 93 -4, having been read by title, it was MOVED BY SEMON, SECONDED BY SIMS, TO ADOPT THE ORDINANCE. The motion carried by unanimous roll call vote; Berndt and Buchanan absent. 2 126 FEBRUARY 2, 1993 ORDINANCE NO. 93 -4, AN ORDINANCE granting a petition on behalf of Washington Fruit & Produce Company for partial street right -of -way vacation of Cherry Avenue west from North First Avenue to the west edge of Washington Fruit property. Assistant Mayor Buchanan returned to the Council Chambers at 2:15 p.m. 6. PUBLIC MEETING ON HEARING EXAMINER'S DECISION REGARDING THE REZONE OF PROPERTY AT THE NORTHEAST CORNER OF 40TH AVENUE AND ENGLEWOOD, REQUESTED BY SMITH /LUKEHART PARTNERSHIP This being the time set for the public meeting, Dan Valoff, Associate Planner, explained the purpose of the Smith /Lukehart Partnership application is to rezone a 5.31 acre parcel from R -3 Multi- Family Residential to B -1 Professional Business and to sub - divide the property into six lots. After showing a map and describing the proposal, Mr. Valoff recommended the Hearing Examiner's decision to approve the rezone and preliminary plat subject to conditions be upheld. After Mr. Valoff answered questions from Council Member Beauchamp regarding no 40th Avenue access, and from Council Member Brado regarding adequate off - street parking, Assistant Mayor Buchanan opened the Public Meeting. He asked for anyone present wishing to speak in favor of the proposal. Mark Smith, 1320 North 16th Avenue, presented reasons why the proposal should be approved and referred to key points about the project: ,(1) It complies with the Urban Area Comprehensive Plan and Urban Area Zoning and Subdivision Ordinances. (2) It appears to be very suitable for the B -1 Zoning because of the surrounding land uses (churches and reservoirs). (3) Its location is adjacent to a major arterial and major intersection. Mr. Smith further explained the property has City sewer and water and the Smith - Lukehart Partnership would be providing the streets, curb, and gutter. Leonard Frejo, with REW, a general contractor, explained that he represents a group of doctors who have contracted with the land owners to build a medical facility contingent upon the zoning of the site. There being no other citizen wishing to speak to the issue, the public meeting was closed. For public disclosure purposes, all Council members declared no exparte contact. Ordinance No. 93 -5 having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Berndt absent. 3 127 FEBRUARY 2,. 1993 . ORDINANCE NO. 93 -5, AN ORDINANCE relating to zoning; rezoning property located at the northeast corner of North 40th Avenue and Englewood Avenue in Yakima, Washington from R -3 (Multi- Family Residential) to B -1 (Professional Business); amending the Zoning Map of the City of Yakima; approving the preliminary plat and preliminary subdivision submitted by Smith /Lukehart Partnership (Medical View West) for six lots at the northeast corner of North 40th Avenue and Englewood Avenue in the City of Yakima; and authorizing the Mayor to sign the preliminary plat; subject to all of the conditions contained in the Hearing Examiner's Recommendation. 7. AUDIENCE PARTICIPATION At the questioning of Bernice Miraglice, 208 South 2nd Street, Yakima, City Manager Zais reported that the Union Gospel Mission appeal hearing will be heard February 9th unless the appeal is officially withdrawn by the.Yakima Gateway Organization. Dan Arnett, with Rental Service of Yakima, stated he did not oppose the action in Item No. 6 and commented about the availability of future R -3 zoned property. He recognized that just because a property is zoned R -3, does not mean it's always the best place to build R -3. 8. APPROVAL OF EMPLOYEE ASSISTANCE PROGRAM 1992 YEAR -END REPORT FROM A. J. CONSULTANTS Archie Sutton, Human Resource Director, answered Council Member Beauchamp's question by explaining how charges are assessed for the services provided by A. J. Consultants. City Manager Zais explained A. J. Consultants was retained through the RFP process shortly after the Substance Abuse Policy was adopted in 1990. To answer a question from Council Member Beauchamp, Paul Nagle - McNaughton, from A. J. Consultants, explained the composition of the staff at his firm. He stated that approximately 50 percent of the clients seen have been referred for additional services to include a wide range of resources. Mr. Nagle - McNaughton reported the usage rate of nearly 13 percent is one of the highest usage rates they have from any of their contracts. National usage rates usually flow between 5 -7 percent of employee populations. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ACCEPT THE REPORT. The motion carried by unanimous voice vote; Berndt absent. 4 128 FEBRUARY 2, 199 *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPING A NEW PERSONNEL EVALUATION SYSTEM FOR FIRE DEPARTMENT EMPLOYEES RESOLUTION NO. R - 93 - 6, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a personal services contract with Personnel Tech, Inc. for a performance evaluation system for use in the Fire Department. *10. CONSIDERATION OF RESOLUTION AUTHORIZING CALL FOR LEGAL AD PROPOSALS RESOLUTION NO. R - 93 - 7, A RESOLUTION prescribing a form of contract for printing and publishing city legal advertising; and directing publication of a call for proposals therefor. *11. SECOND READING OF ORDINANCE AMENDING THE 1993 BUDGET AND APPROPRIATING FUNDS FOR FIRE INSPECTION STAFF AND CAPITAL OUTLAY An Ordinance amending the 1993 budget and appropriating funds for Fire Inspection staff and capital outlay, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 93 - 6, AN ORDINANCE amending the 1993 budget for the City of Yakima; making appropriations for the addition of Fire Inspection personnel from Unappropriated Fund Balances within various Funds for expenditure during 1993. 12. PRESENTATION BY HUIBREGTSE, LOUMAN AND ASSOCIATES REGARDING INTERURBAN TROLLEY ROUTE TO SELAH After presenting a brief history of this issue, Bill Huibregtse, of Huibregtse Louman & Associates, presented to Council members a visual plan that included new proposals from the City of Selah. During this presentation, Mr. Huibregtse referred to subject material included in a packet provided to Council members. The packet, entitled "South First Street Improvements in Selah and Yakima Interurban Lines Association Trolley Destinations," contained a Selah -South 1st Street Vicinity Map, a Project Location Map, a summary of Project Historic Issues, a Project Funding Summary, a Draft Memorandum of Understanding, and a project location map entitled "Selah Gap Masterplan Vision" along with a map entitled "Exhibit B -- Proposed Selah Trolley 5 129 FEBRUARY .2, 1993 Station." Mr. Huibregtse explained that the Old YVT System (YVT railroad track and power facilities and some maintenance cars) became part of the National Historic Register in 1992. The current trolleys that operate and the trolley operations are not part of the National Historic Register. After referring to recent dialogue regarding environmental review requirements, Mr. Huibregtse stated an environmental review is needed and will be conducted. Regarding project funding status, Mr. Huibregtse explained there are no federal funds in this project, only State Gas Tax . funds with the Transportation Improvement Board. The City of Selah is receiving a 95 percent funding ratio for this project with a commitment of $1.3 million of funding out of a $1.4 million estimated project cost. Selah's portion of the commitment is $100,000. The construction date of the South First Street project in Selah is estimated to be 1995 or 1996. Mr. Huibregtse reported that the City of Selah has some new proposals for the City of Yakima to consider. He referred to the drawing of the proposed Selah Trolley station and explained that Selah has secured a six -year lease of property, and they are proposing to build and maintain at their expense, a temporary trolley destination. Mr. Huibregtse further reported the City of Selah would commit to annex the road right -of -way and the railroad tracks in this area so as to maintain the . character of the Interurban Status of the railroad facilities. Referring to Site A on the Selah Gap Masterplan Vision map and outlining the possibility of a proposed visitor's center there, Mr. Huibregtse referred to Site B on the same map. He explained the City of Selah is proposing an improved trolley destination stop and, upon its completion, would replace the temporary trolley destination. In conjunction with this, there would be a relocation of the trolley tracks, and development of the site. (Proposed to be a joint project and application by the City of Yakima, City of Selah, and the Department of Transportation with the endorsement of the Yakima Greenway Association.) Mr. Huibregtse further explained that Selah has also committed, as part of their offer, to maintenance of that facility and incorporating it as part of the City park system in terms of maintenance. Mr. Huibregtse described other features associated with the concept that included pathways, as well as roadways shown in red on the map. He explained the Department of Transportation proposal includes pedestrian and bicycle facilities that would connect to those facilities proposed by the City of Selah, thus providing pathway facilities with connection to the City Playland Park, the Visitor Center, and Harlan Landing -- all from the trolley destination stop. In 6 130 FEBRUARY 2, 1993 order to proceed. with the "pathway proposal," Mr. Huibregtse explained an agreement is needed between the City of Selah and the City of Yakima. Mr. Huibregtse specified that Selah proposes to initiate their construction activities in 1993 and build' South 1st Street, but not until the temporary trolley destination stop is built and in service. Council Member Buchanan asked what the difference was in the January 7th Draft and the February 2nd Draft. Mr. Huibregtse explained one site was removed from consideration due to site acquisition. Also referring to the Draft Memo of Understanding, Council Member Beauchamp questioned whether there were any assurances that the project would materialize and end up with a permanent site. Mr. Huibregtse indicated there was not an absolute certainty to it because, at this point, it is proposed that the funding is sought "jointly" for it. He further indicated that funds are certainly available for this type of improvement that have not been available in past years; however, Selah cannot make any commitment other than they will vigorously and actively pursue it. In order to answer a question from Council Member Beauchamp regarding how the business community felt about this issue, Bob Jones, a Selah citizen and business owner of 27 years, spoke to the issue. Mr. Jones explained that in 1971 the street was improved to four lanes with a sidewalk only on the east side due to the railroad tracks being on the west side. Mr. Jones described the general feeling of the people in the community is that the people on the east side gave last time and now it should go to the west. He also submitted to City Clerk Roberts a petition signed by 67 business and property owners with 63 signatures supporting road improvements and strongly encouraging the City of Selah to take whatever steps necessary to complete the South First Project as soon as possible. Even though the loss of the trolley tracks would be unfortunate to some, Mr. Jones emphasized how beneficial the increased safety, the improved accessibility, and the reduced congestion would be for the community. Regarding the proposal for the City of Yakima and the City of Selah to jointly pursue funding opportunities, Council Member Semon asked how that responsibility would be shared. Mr. Huibregtse recognized that the request needed greater definition, but it was presumed that technical and legal staffs of both entities would want to examine the details. John Sweesy, Mayor of City of Selah, commented on the vital importance of the project. He emphasized the need to discuss 7 131 FEBRUARY 2, 1993 this project and requested an indication from the City of Yakima determining what direction to take. Mr. Sweesy further explained that the City of Selah is committed to finding a long term solution that will benefit both the Interurban Lines, as well as the City of Yakima. If a decision is made to abandon what is there, Council Member Beauchamp asked what will happen when the interim lease on the temporary site expires'and there is no commitment beyond the six years. Mr. Sweesy explained they tried to get the lease for a much longer period of time, but that wasn't possible. Referring to the right -of -way property that will be acquired for the street improvement project, Council Member Sims asked about its value. Mr. Huibregtse estimated the value to be approximately $80,000, (from an estimate from an MAI appraiser for the City of Selah) inclusive of the right -of- way along the west edge of First Street. That estimate did not include the value of the right -of -way after it crosses First and goes to the east in the industrial area. Ken Johnsen, who is a member of the Board of Directors for the Yakima Interurban Lines Association, . submitted to Council members a copy of a letter that he wrote to the Yakima City Council 20 years ago. Mr. Johnsen recounted the letter where he suggested trolley service be returned to the YVT track in Yakima. He gave some historic background information on the trolley in order to make a point that the Yakima City Council and the community at that time recognized that the Yakima Valley Transportation Company is a unique attraction. The Trolley is the last turn -of- the - century interurban railroad of its kind. He submitted to Council members a picture of Selah Gap in 1913, along with a picture taken a few months ago indicating that the railroad has not changed in 80 years. Referring to the City of Selah's proposal to cut off a significant portion of this railroad and to mitigate it with a rerouting plan, Mr. Johnsen commented that Yakima Interurban Lines Association believes that before this idea is considered, several conditions need to be met. An engineering study should be done to ensure that a safe routine operation of street cars and other rolling stock is possible -- to show that it really is feasible. Due to the elevation of the YVT track and the bridge that this proposal plans to route it under, there is a significant elevation drop. Selah should purchase the necessary land for the 'destination stop and deed it to the City of Yakima due to the current maintenance and operating agreement between the City of Yakima and the Trolley Association. If part of this right -of -way and property is owned by the City of Selah, then 8 132 FEBRUARY 2, 1993 does that also mean an operating agreement needs to be made between the Trolley Association and the City of Selah. Another condition requested by Mr. Johnsen specified that Selah obtain for Yakima a performance bond in an amount sufficient to guarantee construction as planned. Mr, Johnsen further requested that the necessary permits be obtained and possible mitigation for wetlands in the area be accomplished. Mr. Johnsen introduced the President of Yakima Interurban Lines Association, Mel LaBoyne, who lives in Renton, Washington and has worked for Seattle Metro for 20 years. Mr. LaBoyne reported the Association is involved in preservation and is opposed to any portion of this historic right -of -way being destroyed for any reason, but they do recognize that Selah has a traffic situation. Although Mr. LaBoyne acknowledged the fact that the decision made between the City of Yakima and the City of Selah is what the Yakima Interurban Lines Association will be left with, he addressed some of their concerns. He indicated some assurances need to be specified due to the speculative nature of the funding at this point. Another major concern Mr. LaBoyne addressed was the necessity of the wye. Since some of the equipment is double ended and orientated to one end or the other requiring it to be turned around in order to use it and maintain the right -of -way and occasionally to mitigate wear and tear due to the various turns in the system, he requested the wye be in place before any portion of the tracks are torn out; otherwise there would be no access to it. After commenting about the many hours of volunteer efforts donated by individuals from all over the country to preserve this railroad in its original state, Mr. LaBoyne explained that there is a safety concern with the proposed temporary site being at the bottom of a slight downgrade with a dead end at that point. There could be a possible issue regarding being able to stop safely with a load of passengers. Mr. LaBoyne stated that there needs to be a provision to overrun the stop if necessary. Another issue Mr. LaBoyne expressed concern about is the need for two tracks to properly maintain the wye. Mr. LaBoyne stated that the Association cannot support this proposal as currently presented. Iry Sonker, a member of the City of Selah City Council, presented a brief history about a major traffic study done in 1988 by the Yakima Metropolitan Area Transportation (YMAT) Board where a series of possible alternatives were suggested. Mr. Sonker explained the City of Selah does not want the Trolleys to end and supports their efforts, but the traffic problem is growing. He also requested that no tracks be 9 1 33, FEBRUARY 2,r 1993 removed until the temporary station is constructed. He reported that there is a renewal option on the lease, and the wye issue will be resolved. Paul McMurray, counsel for the Yakima Interurban Lines Association, reiterated the uncertainty of the funding. Mr. McMurray suggested that before this proposal is approved, more engineering studies be made, a determination be made regarding a project cost, a letter of commitment be obtained from Central Washington Railroad specifying their willingness to lease the right -of -way, and a determination that environmental checklists and SEPA requirements are being complied with. Council Member Beauchamp commented that in order for the Trolley to be meaningful to citizens of Selah and to tourists, the Trolley's final destination should not be too far from the downtown area in order to better lend itself to foot traffic. Assistant Mayor Buchanan asked that before some kind of an agreement is reached, to at least see if that is feasible as far as grades and whether the railroad would authorize use of their right -of -way. He further commented that the Council is not in a position to make a final decision at this time, but rather to discuss this matter further and take it under advisement. Council Member Barnett commented that several points have been brought out by the Interurban Lines, and the City of Selah should be given a chance to respond to some of those issues. Council Member Brado wanted exact estimates in order to determine whether it will cost more later to replace what is given up now. After further discussion, it was MOVED BY BEAUCHAMP; SECONDED BY BARNETT, TO ACCEPT THE REPORT AND TO ALLOW ADDITIONAL TIME TO OBTAIN ANSWERS TO QUESTIONS DISCUSSED TODAY PRIOR TO ANY DETERMINATION. The motion carried by unanimous voice vote; Berndt absent. The Council recessed at 4:00 p.m. and reconvened at 4:12 p.m. Item No. 14 was considered out of sequence on the agenda. 10 134 FEBRUARY 2, 1993 14. REPORT FROM DEPARTMENT OF ENGINEERING AND UTILITIES REGARDING STATUS OF PROFESSIONAL ENGINEERING ANALYSIS OF TERRACE HEIGHTS WATER SERVICE OPTIONS FOR INDUSTRIAL DEVELOPMENT (Continued from 1/19/93) City Manager Zais briefly outlined some background information about this issue and explained that Council was requested to review, to discuss and then to possibly schedule a meeting with the Yakima County Commissioners to review the status of the overall project and proposals for providing water service to Terrace Heights. Bob Hall, the developer requesting the water service, explained the need to implement a program that would incorporate both the long and short term water needs of the Terrace Heights community. Mr. Hall emphasized that he would be willing to facilitate the process that would bring both Yakima County and the City of Yakima to a common ground in order to meet the long range needs of everyone. He commented about commercial expansions and new constructions that create jobs and their need to have water, sewer and street utilities. Assistant Mayor Buchanan commented that it seems like it is up to the developer to make a decision how he wants to get it done; then we can all proceed from there. Mr. Hall commented that he understood when he brought this to the City, it was rapidly approved, from the City's standpoint, that the City would provide water service to those properties; however, he had to go to the jurisdiction that had authority, that being Yakima County and the Terrace Heights Sewer District. They had agreed that they wanted to have the ability to provide that service. Council Member Beauchamp said it makes sense and expressed concern that the City shouldn't be the aggressive party, but he continued to comment that if there are businesses or citizens interested in receiving City services, then this is something the City should be interested in. Mr. Hall commented it would not only be for the City of Yakima's benefit, but for the benefit of the community. Mr. Hall wanted everyone to understand that the City of Yakima has been extremely cooperative on this project and none of the Council members or any of the staff have been promoting the extension of city water in Terrace Heights. Mr. Hall further commented that if Terrace Heights would want City services, it is up to Terrace Heights to come to the City of Yakima for those services. Council Member Beauchamp commented that the City is a willing provider, but it may take the interested party to help make it happen as far as the other parties are concerned because they have the jurisdiction, but we are willing to work collaboratively to make it happen. Council Member Barnett emphasized the need for a study session before there is a meeting with the County Commissioners. He 11 135 FEBRUARY 2,, 1993 explained that the existing demand on the water treatment plant, plus the fact, that a future decision on the conversion of the General Irrigation System, and our commitment to the water and railroad contaminated area all have to be considered. Council Member Barnett further explained that the maximum capacity at the water treatment plant is rapidly being reached. Another thing to consider is the water rights issue. Council Member Barnett stated that from his perspective, all these things need to be considered before there is a meeting with County Commissioners. Council Member Sims commented that the impression should not be left that the City of Yakima is not going to extend water into that area because the Comprehensive Water Plan addressed this issue of how much water does the City of Yakima have and when is it available. The real question is whether irrigation water rights will be converted to domestic water rights. Council Member Barnett stated he needs to know how much this would increase the water rates for the citizens of Yakima. He further commented that there is a need to review all these factors so it is known exactly where and .how to divert before a commitment is made that would exceed our plant capacity, necessitating an expansion to the treatment plant. Ty Wick, Water /Irrigation Superintendent, explained the proposal to meet the short term goals by utilizing the well that is not used, except for emergency purposes. The initial effort would be to utilize our existing well capacity at Kiwanis Well and asked that the water right be extended to include the Urban Area. Right now, it just includes the City of Yakima boundaries. After further discussion among Council members, it was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO POSTPONE DISCUSSION FOR ONE WEEK, DEPENDING ON THE HEARING SCHEDULED FOR NEXT WEEK. The motion carried by unanimous voice vote; Berndt absent. 13. PRESENTATION BY COG ON REGIONAL TRANSPORTATION PLANNING ORGANIZATION Dennis Covell, Director of Engineering & Utilities for the City of Yakima, introduced Lon Wyrick of C.O.G. and Bill Osterhaut of the Washington State Department of Transportation, who made a presentation about the Regional 1/ Transportation Planning Organization and were available to answer questions. Acting Mayor Buchanan reported that the amount of the ISTEA Enhancement Fund for Yakima County for the next two funding cycles is $145,000 each, subject to reduction. 12 13(3 FEBRUARY 2, 1993 • Lon Wyrick explained the purpose of his presentation was to inform and eliminate any misconceptions concerning the Regional Transportation Planning Organization (RTPO) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and how they relate. Mr. Wyrick referred to a packet of information containing information about the Yakima Valley Regional Transportation Planning Organization (RTPO). He explained how the Growth Management Act 2929 (which developed the RTPO process) and the federal ISTEA (which changed all federal surface transportation funding) were implemented and how additional duties evolved. Originally, the Growth Management Act was strictly a planning process that included land use, capital facilities, financial plans, and transportation. A regional forum was established in order to plan transportation, land use and how the road systems relate. The needs of the area were to be considered on a regional basis rather than on a community basis. Mr. Wyrick further explained a lead agency for the RTPO was established in 1990 through an interlocal agreement. The RTPO is composed of elected officials and representatives from the 15 jurisdictions in the area. Originally, the RTPO was established to develop a regional plan and assure that the local transportation plans of all cities, towns, and counties were in consensus with the Regional Plan to make sure there was no duplication of process. Mr. Wyrick further explained that at the same time the GMA Regional Transportation Body was being developed, ISTEA was also being developed with specific requirements to change federal funding procedures. After several years of development, it was left up to the State to implement the law. Local Government was responsible for developing a competitive process to ensure federal funds are coordinated with numerous jurisdictions. Mr. Wyrick further explained that ISTEA redirected how federal funds would be distributed in every jurisdiction in every state. Because GMA transportation planning was still being implemented, and in order to save time, the already established RTPO was given the role of prioritizing enhancement projects and other allocations. Mr. Wyrick commented that both the State and Federal Government view the RTPO as a combination of agencies rather than just one agency. Referring to the handouts entitled "RTPO Executive Committee Structure 1993" and "RTPO Technical Advisory Committee Structure 1993," Mr Wyrick outlined the arrangement of these two committees. He explained all jurisdictions have representation that includes "staff" on the Technical Advisory Committee (TAC). Mr. Wyrick reported that recently the TAC committee has been putting together criteria in order to make recommendations to the Executive Board on how prioritization of projects should be undertaken in this 13 13 FEBRUARY 2, 1993 region. Then it goes to the Executive Committee for their review, recommendation and adoption. At that point, projects are submitted and allocations of funds and recognition of I/ projects are achieved and the ranking method is finished. .Assistant Mayor Buchanan and Council Member Barnett commented about the "one person, one vote system" being thrown out. Assistant Mayor Buchanan further commented that all entities have one vote even though other cities have a much smaller population than the City of Yakima. Mr. Wyrick responded that the purpose of this idea is that the regional body has a regional role. There are no direct allocations from this • group, only prioritization and submission to the State for approval. Assistant Mayor Buchanan explained that if you prioritized number one and the State takes that as the first priority and adopts it, money has just been allocated. City Attorney Vanek provided legal explanation referencing a Supreme Court decision referring to the "one person, one vote issue and commented about the two -part test that must be met. Council Member Beauchamp inquired about the difference between the Executive Committee of the RTPO and the Policy Board. Mr. Wyrick explained there is a state law that requires an additional three members -- a district administrator from DOT, someone representing the private sector, and agriculture; these, as well as the same five people who sit on the YVCOG Executive Committee, make up the RTPO Executive Committee. Council Member Beauchamp asked if there is a correlation between the Executive Committee and the Policy Board; whether it was the same or not. Mr. Wyrick explained the Policy Board is the planning branch, and the RTPO Executive Committee is the decision maker. Council Member Barnett stated he did not like the change. Bill Osteraut, a Transportation Planner and RTPO and MTPO Coordinator for the Washington State DOT Transportation Research and Intermodal Planning Office in Olympia, presented information about ISTEA. Referencing a handout entitled "ISTEA of 1991," Mr. Osteraut referred to the eight titles of the Act and then briefly outlined the programs under the Act and explained they all have funding of different amounts. He indicated that almost any road now is available for all this flexible funding. It includes the National Highway System, I/ and any road not functionally classified as a local or rural minor collector. The Surface Transportation Program is the section that mainly impacts the RTPOs and MPOs as far as competitive funding. He explained that 10 percent of this highway money is apportioned for safety construction, another 10 percent is for transportation enhancement activities, 50 percent goes to urbanized areas over 200,000 population (known as transportation management areas), 30 percent of the 14 133 FEBRUARY 2, 1993 funding can go to any state area, and the rural areas are guaranteed 110 percent of the state's fiscal year 1991 secondary apportionment which is based on roadway miles in the county. Mr. Osteraut outlined what is eligible for funding in the Surface Transportation Program. Under this act it is mainly based on the type of project, rather than based on the type of highway as it was under the old act. He referred to the list that included, among other items, carpool projects, fringe and corridor parking, bicycle, and pedestrian walkways. Council Member Barnett commented about the attempt to get funds for the bicycle path through the ISTEA RTPO procedure for the 1 -82 project, which wasn't chosen as a priority, so millions of dollars will be spent on the new roadway without having adequate bicycle paths. There is something wrong in the process when you can't do something right the first time. Mr. Osteraut replied that ISTEA is trying to make a change to that. Mr. Wyrick explained that situation is a good example of the situation of review. The review through the RTPO of this project was one of the first projects to go through the new process. All the federal requirements were met, but when the Gateway Project was reviewed by the RTPO TAC and the Technical Executive Committee, it was agreed that those projects that were ready should receive prioritized action. Acting Mayor Buchanan explained this highway project is almost ready for construction and ISTEA enhancement funds, $145,000 a year for the whole county, do not fit on a current construction project. It will have to be STP funds or something else. Mr. Wyrick agreed that in those certain construction projects that may not be destination type improvements, another funding source may be the only source available. 15. OTHER BUSINESS City Manager Zais distributed to Council members an update on issues discussed by the Legislature. He commented that there were Council members and a County Commissioner testifying in Olympia on several bills. Those items for review that have implications included items in the criminal justice area, a proposal to reduce the retirement age for LEOFF 11 personnel, and a proposal where reasonable attorney fees can be assessed when a plaintiff is successful in a case against the state, a county, or a city. 15 13 9 FEBRUARY 2, 1993 Assistant Mayor Buchanan announced that on February 24th and 25th, AWC is having its legislative days. He suggested Council members attend in order to discuss issues that affect the City. Information Items: Items of Information supplied to Council were: Meeting Notice - Commute Trip Reduction Workshop; Letter to State Transportation Improvement Board regarding Yakima Avenue /I -82 Interchange Area and Fair Avenue Project. 1/22/93; Narcotic Enforcement Update for 1992; Legal Department Monthly Report for December 1992; Metropolitan Yakima -Comprehensive Plan Status Report. 1/28/93; Monthly Annexation Status Report for January 1993; Office of Housing and Neighborhood Conservation Elderly Co -Op Monthly Report. 1/26/93; Monthly Rebound Plus Report for January 1993; Reports from Human Resources regarding 1992 Hiring and Vacancy Status; Yakima Transit Fourth Quarter 1992 Report; Article from January 1993 ,American Planning Association regarding professional development certificate earned by John Elsden, AICP; Minutes of the January 7, 1993 Downtown Area Redevelopment Committee meeting; Agenda for the January 27, 1993 Yakima Housing Authority meeting and minutes of its November 25, 1992 meeting; and Minutes of the January 4, 1993 Yakima Youth Commission meeting. Items distributed 2/2/93: Memorandum from TRADEC regarding upcoming Ag Showcase Activities, 1/29/93; Assignments Pending in Office of Environmental Planning as of February 2, 1993; Letter to Chief Green extending appreciation to Officer Ross Herber for his life- saving efforts in medical response call, 1/28/93; Trolley Ridership Report for January 1993; Article, "Trolley will Revitalize City, Planners Say" (Spokane); Letter from U.S. HUD regarding acceptance of Community Development Block Grant Statement for 1993; 1/26/93; and Washington State Tourism Bulletin for January 1993. 16. EXECUTIVE SESSION REGARDING PENDING LITIGATION It was MOVED BY SIMS, SECONDED BY SEMON, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION, TO BE FOLLOWED BY ADJOURNMENT TO FEBRUARY 9, 1993, AT 7:00 A.M. AT THE YAKIMA CENTER FOR INFORMAL DISCUSSION. The motion carried by unanimous voice vote; Berndt absent. 16 140 FEBRUARY 2, 1993 17. ADJOURNMENT TO FEBRUARY 9, 1993 AT 7:00 A.M. AT THE YAKIMA CENTER FOR INFORMAL DISCUSSION Following the conclusion of the Executive Session, the meeting adjourned at 5:23 p.m. READ AND CERTIFIED ACCURATE BY: , :r«./ v G iUNCIL MEMBER DATE ,... / 1 �1 COU CIL MEM E DATE ATTEST: CITY CLERK MAYOR MINUTES PREPARED BY DEPUTY CITY CLERK SKOVALD. III 17