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HomeMy WebLinkAbout03/18/1997 Business Meeting 3 11.2 CITY OF YAKIMA MARCH 18, 1997 SPECIAL EXECUTIVE SESSION MEETING The City Council met in executive session for the purpose of discussing pending litigation (City of Yakima v. Surface Transportation Board and Burlington Northern Railroad), collective bargaining, and personnel on this date at 1:30 p.m., in the City Manager's Conference Room at Yakima City Hall, Mayor Pro Tem John Puccinelli, presiding, Council Members Clarence Barnett, Henry Beauchamp (present after 1:40 p.m.), Ernie Berger,* and Bernard Sims were present. Mayor Lynn Buchanan absent and excused. Following the conclusion of the executive session, the meeting adjourned at 1:58 p.m. * * * * * * * * * * CITY OF YAKIMA, WASHINGTON MARCH 18, 1997 BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 p.m., in the Council Chambers of City Hall, Mayor Pro Tem John Puccinelli, presiding, Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger,* and Bernard Sims present on roll call. Mayor Lynn Buchanan 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 Berger, as well as a prayer for the Hauber family and friends. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS A proclamation of recognition and condolence was read for the death of Rusty Hauber, City Fire Fighter, who died tragically while on a diving rescue mission. The proclamation was given to Fire Chief Chronister, who accepted on behalf of Mr. Hauber's family. • COMMUNITY DEVELOPMENT WEEK March 26, 1997 was proclaimed Community Development Block Grant Day and March 24 -May 17, 1997 was proclaimed to recognize Community Development Block Grant Celebration. *Council Member John Klingele also present 313 MARCH 18, 1997 The proclamation was presented to Lynne Kittelson, Community Development Advisory Committee member, and Marvin Miller, Acting Block Grant Manager. Ms. Kittelson and Mr. Miller presented the Council with a framed, commemorative CDBG poster. • ABSOLUTELY INCREDIBLE KID DAY March 20, 1997 was proclaimed Incredible Kid Day. The proclamation was presented to Leah Iraheta, Campfire representative, who encouraged everyone to send a letter of encouragement and love to a child. She also presented Council with special Incredible Kid Day stationery, including envelopes. 4. CONSENT AGENDA Assistant Mayor Puccinelli referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. The off - agenda item, No. 13 A., was added to 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 KLINGELE, THAT THE CONSENT ' AGENDA, AS AMENDED AND READ, BE ADOPTED. The motion carried by unanimous roll call vote; 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 NOVEMBER 26, 1996 ADJOURNED BUSINESS /BUDGET REVIEW. MEETING, DECEMBER 3, 1996 ADJOURNED JOINT MEETING AND MARCH 4, 1997 BUSINESS MEETING The minutes of the November 26, 1996 Adjourned Business /Budget Review meeting, December 3, 1996 Adjourned Joint Meeting and March 4, 1997 Business` meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. PUBLIC HEARING TO CONSIDER RIGHT -OF -WAY VACATION REQUESTED BY PROVIDENCE MEDICAL CENTER This being the time set for the public hearing to consider the Hearing Examiner's recommendation to grant the right -of- way vacation for South 10th Avenue between Chestnut and Walnut Streets, Mayor Pro -Tem Puccinelli requested Council members declare any ex -parte contacts. Council Member Sims reported no ex -parte contact and Council Members Puccinelli, Klingele and Beauchamp reported some contacts were made by citizens in favor, and opposed, to the street vacation. Council Member Barnett reported he received letters and heard comments, both pro and con, about the street .vacation. He also had conversation with John Schactler in which he gave him information that was part of the record. City Attorney Paolella reviewed the legal parameters for the hearing. The citizens may testify and show evidence to the Council; 2 31.4 : MARCH 18, 1997 however, the testimony and evidence should be limited to whether South 10th Avenue should be vacated between Chestnut and Walnut Streets. On March 7th, the Hearing Examiner issued two separate opinions. One opinion dealt with Providence Yakima Medical Center's request to vacate a portion of South 10th Avenue, which was only a recommendation to the Council. The second opinion was to approve the construction of a three -story medical office center, which was a final decision, subject only to whether an appeal would be filed. Although the appeal period has not expired, no appeals to date have been filed. He reviewed the options available to the Council: 1) confirm the Hearing Examiner recommendation and vacate a portion of South 10th Avenue, as requested; 2) reject the Hearing Examiner opinion; 3) remand it to the Hearing Examiner for further consideration; or 4) The Council could amend the Hearing Examiner recommendation and substitute it with a revocable license agreement. The fourth option would not permanently close the street, but would allow the use of this area of City property indefinitely or until such a time a future Council decides the street needs to be reopened. The license agreement would be a form of permission to use public property in exchange for payment of $100,000. The Council has before it a license agreement which was prepared by the City's and the Medical Center's attorneys. The Council also has an option to continue this hearing to another date if additional time is needed to hear testimony. Dan Valoff, Associate Planner, stated this is a public hearing to consider the right -of -way vacation application to vacate 10th Avenue, from West Chestnut to Walnut. The Hearing Examiner rendered his recommendation on March 7th to approve the vacation. Staff recommends Council uphold the Hearing Examiner recommendation and direct the Legal Department to prepare the appropriate legislation. Mayor Pro -Tem Puccinelli stated the hearing process will be to first hear from the applicant, then hear testimony in opposition to the application, and finally, to hear testimony in support of the application. Don Schussler, attorney representing Providence Yakima Medical Center, commented that the application process for the street vacation began over one year ago and is the second part of a phased project .which began in 1991. He commented on the revocable agreement, indicating it would be acceptable; however, his client's preference would be the street vacation. There are two issues to consider for a street vacation: 1) is there any public benefit that is created by vacation of the street; and 2) whether the vacation is consistent with the City's long range planning. He introduced Barbara Hood, the CEO of the Sisters of Providence of Yakima, to speak about the public benefit. Barbara Hood gave historical information regarding Providence Medical Center which was established in Yakima over one hundred years ago. She spoke about the economic benefit the City derives from the Center's employment of over 1,100 employees. She described the expansion project and how it 3 MARCH 18, 1997 3 1 5 will enhance medical services to trauma center patients and to patients undergoingout- patient' surgery. Ms. Hood also reported that meetings were held with the neighbors about the proposed project and changes were made, not only in the project, but many of the suggestions regarding the. Medical Center were instituted. Lester John Schwaegler, M.D., surgeon representing the medical community, spoke about the benefits of the helipad to seriously injured patients arriving at the medical center. He commented that time is of the essence for these patients and any delay transporting the patient to the facility across the street could be very detrimental to the patient. The proposal is to bring the patient down an elevator from the helipad and through the ground level connector to the emergency services area which is on the ground level across the street. He commented that to utilize a sky bridge or underground tunnel would involve more than one elevator and sometimes there are about a half dozen people working with the patient during the transportation. Wayne Lee, consultant for the physicians who formed the ambulatory surgery center, stated that ambulatory surgeries represent about half of the surgeries done and most take only about four hours. He emphasized that it is important in this design to be as close as possible to the surgeons' offices and back -up emergency medical services. The idea of a campus environment is a critical issue in the plans for the Medical Center for the safety of patients and employees. Wayne Kittelson, consultant engineer for Providence Yakima Medical Center, described the traffic analysis performed to study the traffic flow and traffic patterns on South 10th Avenue. Using transparencies, he reviewed the results of the traffic analysis, which indicated that about 25% of the,, vehicles were using 10th Avenue as a thoroughfare and 55% 'cameinto"..that area from a north /south direction. He also studied how people would redirect their travel if that portion of South 10th Avenue is closed to traffic. He shared those results with the Council, suggesting that drivers would utilize llth Avenue which is wider than 10th Avenue. Mr. Kittelson responded to Council members' questions and indicated that his conclusion is that in the short term, the transportation impact of this vacation will be minimal on the traffic circulation pattern. Following the presentation by Providence Yakima Medical Center, Mayor Pro -Tem Puccinelli opened the hearing for public testimony for those citizens wishing to speak in opposition to the street vacation. John Schactler, 206 South 16th Avenue-, submitted a memorandum in opposition to the closure of 10th Avenue. His primary reason for opposing the 1/ closure is the loss of 10th Avenue as a future north /south arterial, particularly since 10th Avenue is the only through street between South 3rd and 16th Avenues, running from Jerome to Pioneer Lane. He stated the revocable license would be acceptable as an alternative to vacating the street. Hershel McDonald, 4 North 16th Avenue, spoke in opposition to the vacation of the street due to the traffic congestion which would result from that closure. He stated there are alternatives open to. the .Medical .Center to transport the patients from one facility to the other, citing a sky bridge 4 3 11 MARCH 18, 1997 as an example. Stan Berndt, 215 Belair Drive, speaking in opposition to the vacation of 10th Avenue, addressed the transportation system and the importance of 10th Avenue in future planning to the community as a whole, and not just the immediate neighborhoods. He also opposed the revocable license alternative. Betty Gaudette, 701 North 6th Street, stated she is in agreement with Mr. Schactler's remarks. She stated the revocable agreement is an agreeable alternative. Sally Cockrill, 1511 West Chestnut, stated she is opposed to the street vacation. She stated the street needs to be preserved for future transportation needs for her young grandson, Christopher Beehler, 210 North 23th Avenue, who was at her side. She favored the alternative of a connecting sky bridge between the two facilities. She disagreed with the option of the revocable license, indicating that once the money is spent by the Medical Center on this project, it would be very difficult to revoke the license. Alice Walker, 305 South 10th Avenue, spoke in opposition to the vacation of the street; however, if permitted, there should be a way to reopen the street. She commented the street serves as an arterial now. Next, citizens speaking in support of the street vacation gave their testimony. Thomas Kennedy, M.D., 610 South 32nd Avenue, orthopedic physician who expects to establish an office in the new facility, spoke in favor of the street vacation. His primary concern is the safety factor of people with infirmities crossing the street. Another factor to consider is that the major traffic flow problems in this city occur when traveling in an east /west direction. Kerri Ross, R.N., 12141 Fairview Road, Ellensburg, employee of Central Washington Orthopedic and certified operating nurse at Providence, stated she has worked as a flight nurse and has moved patients. It is difficult to move the patient while they are being worked on; •therefore, the alternative of the sky bridge is not feasible since it would require the use of more than one elevator. Bill Hambelton, 615 South 32nd Avenue, stated he is in favor of closing 10th Avenue, between Walnut and Chestnut Streets. Dave Hargreaves, 5105 Scenic Drive, stated he is in favor of the street vacation in order to accomplish the campus environment with the ancillary buildings. Jerry Henderson, 309 North 35th Avenue, stated he believes the benefit of better health care far outweighs any inconvenience to the motoring public. He suggested the City could barricade the street for a trial period in order to assess the impact of closing that portion of 10th Avenue. Lila Benson, 916 West Walnut, spoke in support of the street closure. She stated there have been many wrecks at Walnut and 10th Avenue and the street closure would eliminate a dangerous intersection. She further commented that the helipad would be a benefit for this valley. Judy Clark, 1201 West Chestnut, stated she used to live at 10th Avenue and Spruce, and agrees with the previous speakers in favor of the street vacation. Gordon Patten, chiropractor with an office at 11th Avenue and Walnut, stated the helicopter will fly over his building and he is not opposed, to that or the street vacation. He stated that 10th Avenue is not wide enough to be used as an arterial and the homes are built close to the 5 317 MARCH 18, 1997 existing roadway. He, suggested that Pleasant Avenue could be considered for a nOT 'south Tom Gross, KMD Architect, Portland, Oregon, stated the street vacation is needed to ensure pedestrian safety, the safe moving of equipment, and the transporting of patients across 10th Avenue in an expedient manner. The street vacation would also allow for future development. He gave reasons why a sky bridge and tunnel are not feasible. Lee McFarland, physician, 1005 West Walnut, commented that the medical practice has changed in the last thirty years and physicians need to be close to . a variety of medical services such as a campus environment could provide. Tom LaBissoniere, 373 Dahl Road, stated that the Medical Center serves the entire valley. He spoke in support of the street vacation, and as an alternative, he favored the license agreement. Norm Johnson, 559 Lilly Lane, Toppenish, former mayor and council member, and former Providence Medical Center board member, supported the street vacation so that the Center may continue to serve the community. Tom Shannon, 1402 West Chestnut, stated he lived on 10th Avenue at one time and urged Council to vacate that portion of the street to eliminate a hazardous intersection. Beverly Warren, R.N., manager of the operating room at Providence Medical Center, spoke in support of the street vacation. She stated the connection will allow them to provide for the flow of patients, personnel, and equipment. There being no other citizen wishing to speak to this issue, the public hearing was closed. It was MOVED BY BARNETT, SECONDED BY BERGER, TO AUTHORIZE THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT WITH PROVIDENCE MEDICAL CENTER, WHICH INCLUDES SEVERAL PROVISIONS OF THE HEARING EXAMINER'S. FINDINGS AND CONCLUSIONS AS IT RELATES TO THE 16 FOOT.' `WIDE `,~:UTILITY EASEMENT, SIGNS AND DRIVEWAY APPROACHES AND SIDEWALKS. Council Member Beauchamp stated he would like to see the license term be for 25 years and then reconsider it at that time. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO AMEND THE MOTION TO PROVIDE FOR A TWENTY -FIVE YEAR PERIOD AND RECONSIDERATION AT THAT TIME. Discussion ensued to determine if the amendment would permit a 25 year license and if not revoked, the street would then be permanently closed, or if the term of the agreement would end after 25 years and the Medical Center would have to petition for the license to be renewed. Council Member Beauchamp stated the agreement would be for 25 years and then if it is necessary to use that vacated area for another purpose, it could be done at that time. Council Member Barnett commented that the resolution provides a process for permitting the use of the street; however,.. it would be I/ possible to follow the procedures outlined in the license agreement to regain use of that street if any time in the future the need is warranted. The question was called for a vote on the amendment to the motion which would grant a license for 25 years. The motion carried by 4 -2 voice vote; Barnett and Klingele voting nay; Buchanan absent. Council Member Klingele stated he has a problem granting the revocable license because the preservation of 10th Avenue is integral to the future needs of the community. The question 6 3 MARCH 18, 1997 was called for a vote on the motion, as amended. The motion carried by 4 -2 roll call vote; Barnett and Klingele voting nay; Buchanan absent. RESOLUTION NO. R- 97 -41, A RESOLUTION authorizing and directing the City Manager to execute a Revocable License Agreement with Sisters of Providence in Washington, d /b /a Providence /Yakima Medical Center relating to a portion of South 10th Avenue between Chestnut Street and Walnut Street in the City of Yakima. 7. AUDIENCE PARTICIPATION There were no citizens wishing to address the Council under audience participation. *8. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING FOR APRIL 15, 1997 FOR THE 1997 IRRIGATION MAINTENANCE ASSESSMENT ROLL RESOLUTION NO. R- 97 -42, A RESOLUTION setting a date for hearing on the confirmation of the irrigation maintenance assessment roll for the year 1997. , *9. CONSIDERATION OF RESOLUTION AUTHORIZING APPROVAL OF REHABILITATION OF WASTEWATER TREATMENT PLANT CENTRIFUGE WITH A SOLE SOURCE VENDOR RESOLUTION NO. R- 97 -43, A RESOLUTION authorizing a sole source designation for purchase of rehabilitation and repair services and parts for the Alpha Laval Sharples DS 706 biosolids centrifuge utilized at the City of Yakima Wastewater Treatment Facility. *10. CONSIDERATION OF RESOLUTION APPROVING THE 1996 YEAR -END INSURANCE CLAIMS REPORT RESOLUTION NO. R- 97 -44, A RESOLUTION accepting and approving the Quarterly Insurance Claims Report. *11. APPROVAL OF JANUARY 1997 REVENUE AND EXPENDITURE REPORT The January 1997 Revenue and Expenditure Report was accepted and approved. *12. FIRST READING OF ORDINANCE AMENDING THE 1997 BUDGET AND APPROPRIATING FUNDS FOR 1996 ENCUMBRANCES (No ACTION REQUIRED THIS MEETING) An Ordinance amending the 1997 budget and appropriating funds for 1996 encumbrances, having been read by title only, was laid on the table for two weeks, until April 1, 1997. 7 3 i9 MARCH 18, 1997 13. OTHER BUSINESS *A. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE 1996 -1998 COLLECTIVE BARGAINING AGREEMENT FOR FIREFIGHTERS RESOLUTION NO. R- 97 -45, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an Amendment to the 1996 -1998 Collective Bargaining Agreement for Local 469, International Association of Firefighters, AFL -CIO. Information Items: Items of information provided to Council were: Memorandum from City Engineer regarding Status Report: BNSF Train Whistle Quiet Zone. 3/10/97; Memorandum from City Engineer regarding Fair Avenue Status Report. 3/10/97; Memorandum from City Engineer regarding 48th Avenue and Nob Hill Boulevard Status Report. 3/10/97; Memorandum from Randy regarding TCI. Cable. Rates. Adjustment Notification. 3/10/97; Letter from State Department of Health notifying City about issuance of competency certificate to Jeffery A. Bond as a Water Treatment Plant Operator 2. 2/21/97; Memorandum from Legal Assistant regarding Damage Claims Filed During the Months of January and February 1997. 3/6/97; Office of Neighborhood Development Services Monthly Report for January 30, 1997 . to February 26, 1997; Assignments Pending in Office of Environmental Planning as of March 18, 1997; Agenda for the March 17, 1997 Conference of Governments Executive Committee meeting and minutes of its February 18, 1997 meeting and agenda for the March 19, 1997 Conference of Governments General Membership meeting and minutes of its January 15, 1997 meeting; Yakima Valley Conference of.Governments Newsletter; March 1997; and Article from February 1997 Urban' Land ; "Looking for Hometown America." 14. ADJOURNMENT TO APRIL 1, 1997 AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER FOR STUDY SESSION ON SNOW REMOVAL PLAN It was MOVED BY BERGER, SECONDED BY KLINGELE, TO ADJOURN THIS MEETING AT 4:35 P.M. TO APRIL 1, 1997 AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER FOR A STUDY SESSION. The motion carried by unanimous voice vote; Buchanan absent. READ AND CERTIFIED ACCURATE BY: 4, 011m A% -- CliU IL MEMBER: DATE COUN IL MEMB -- DATE ATTEST: - ��� .._ " � � ' � _ CITY CLERK OHN PUCCINELLI MAYOR PRO -TEM An audio and video tape of this meeting are available in the City Clerk's Office 8