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HomeMy WebLinkAbout05/19/1992 Business Meeting 281 CITY OF YAKIMA, WASHINGTON MAY 19, 1992 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, Yakima, Washington. Mayor Pat Berndt, presiding, Councilmembers Clarence Barnett, Henry Beauchamp, Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Clerk Harris also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER City Manager Zais gave the Council a status report on the negotiations with the labor bargaining committee for the Yakima Firefighters. This has progressed into a tentative settlement, subject to final ratification. Ron Johnson, representing the Firefighters ,Union, verified this and thanked Councilmembers Beauchamp and Brado for their assistance in this settlement. City Engineer French introduced Bruce Chapman, the Executive Director of the Washington Aggregate and Concrete Association. Mr. Chapman presented the City the Association's first annual Centennial Award for concrete pavements 50 -75 years old, still in service. They also presented a video of information concerning original concrete streets including the Yakima to Selah Road constructed in 1924, which is still in service and in excellent condition. Walnut and 8th Avenue South can be traced back to 1916, having a blend of old and new construction. Several original concrete streets in Yakima are still in excellent condition and in use. 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Councilmembers or citizens present. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 282 MAY 19, 1992 *5. APPROVAL OF THE MINUTES OF THE APRIL 21, 1992 ADJOURNED MEETING The Council minutes of the April 21, 1992 Adjourned meeting were approved, having been duly certified accurate by two Councilmembers and no one present wishing to have said minutes read publicly. 6. PUBLIC MEETING ON APPEAL BY UNION GOSPEL MISSION ON INTERPRETATION OF CODE (CONTINUED FROM APRIL 7, 1992) At Mayor Berndt's request, City Attorney Vanek reviewed with the Council the legal requirements of the legal notices which must be followed. He recommended the public meeting be reopened and allow anyone present to comment concerning the report which was distributed to all parties of record. Public notice should be given so anyone not present will have the same opportunity to be heard; this will satisfy the code requirements. Councilmember Brado asked to be excused in the appearance of fairness, since he owns property near a proposed site. In answer to Councilmember Buchanan's question, Mr. Vanek stated the purpose of the public meeting is to decide the interpretation of the Hearing Examiner's decision to reclassify the Mission under a separate classification as "Mission", rather than as a community center. The Council will act in a quasi - judicial role. This is not a site specific issue and Mr. Buchanan felt it was not proper for Mr. Brado to be excused. Councilmember Semon asked for consensus to continue the meeting until next week. Members of the audience who could not be present next week, were asked to speak today. Councilmember Brado was asked to rejoin the Council meeting as it is not a site specific issue. Daniel Drais, 3600 One Union Square, Seattle, attorney for the Red Lion Inn, spoke concerning the Union Gospel Mission being considered a community center. His opinion was that the Hearing Examiner did not have the authority to establish a new classification for the Mission. He believes this "is not appropriate for categorical definition ". Mr. Drais believes it should be an unclassified use, site by site determination. He feels the Hearing Examiner's decision will be treated as legislation by the staff which interprets zoning ordinances, and that this is improper. He asked the Council to reverse the Examiner's decision with remanded direction to leave it an unclassified use for consideration for each specific proposed site or reclassify it a Class 3. 2 3�. 283 MAY 19, 1992 Mitch Vanwormer, 4910 Richey Road, General Manager of the Red 1/ Lion Inn, referred to a letter from Union Gospel Mission supposedly accusing the Red Lion of being "big bullies, evil, and against homeless folks ", which he says is in error. He presented a petition of approximately 500 signatures to create a Class 3 classification for Union Gospel Mission. He also presented a letter from the Visitors and Convention Bureau, supporting the Class 3 classification, which was read into the record by the City Clerk. Councilmember Barnett asked Mr. Vanwormer to read the letter he referred to from the Mission. Mr. Beauchamp asked why the Red Lion personnel refused to meet with representatives of the Mission. Mr. Vanwormer stated he found out about the meeting after the fact. John Puccinelli, owner of Mel's Diner, 314 N. 1st Street, replied he had called the meeting and the temporary manager of the Red Lion was not available. Mr. Vanwormer stated he has talked to Roger Phillips, Director of Union Gospel Mission, on several occasions. James Carmody, attorney for Union Gospel Mission, responded to the Red Lion's statement of "willingness to meet ". He stated the Mission and other business owners were willing to meet and discuss the issue. He received a phone call from Mr. Drais last Tuesday and was told Red Lion was not interested in participating in any dialogue, because they were not prepared. Her' :said =- this was the reason for the �. letter from Union Gospel Mission to the North 1st Street businesses. George Pechtel, 116 N. 3rd Avenue, responded to the moral ethics of this issue. He feels the, objections to Union Gospel Mission is reprehensible. He stated he spent eight years as a neighbor of the Mission on Front Street, without any problems. He commented they were superb neighbors. Mr. Drais, responding to Mr. Carmody's statement, said that Red Lion had decided to wait until the use interpretation was settled before they had any meetings with anyone. Councilmember Beauchamp questioned Mr. Drais concerning his 1/ former statement of Red Lion being labeled the "big, bad, evil" by the Mission and said that he did not interpret the letter as saying that. Mr. Drais stated the portion of the letter which said "The Red Lion would oppose the Mission with their attorneys and economic resources, needless to say the Red Lion Corporation is a very large and powerful entity and their uncaring approach to this cause is concern that the hearing process would not be a fair playing field ", gives 3 284 MAY 19, 1992 that impression to him. Mr. Beauchamp did not feel this constituted using the word "evil ". Mayor Berndt apologized for the inconvenience to the participants of the necessity of continuing the public meeting. It was MOVED BY BEAUCHAMP, SECONDED BY SEMON, TO CONTINUE THE PUBLIC MEETING UNTIL MAY 26, 1992. The motion carried by unanimous voice vote. 7. AUDIENCE PARTICIPATION Jerry Henderson, President of the Yakima Valley Interurban Lines Association, addressed the Council. This organization operates the overhead trolley owned by the City. Mr. Henderson remarked Trolley Car 1776 has a new paint job and has been restored. The Association received the 1992 State Historic Site Preservation Award. This was awarded for the preservation of the Yakima Valley Transportation Company; this site is one of ten statewide endangered historic sites. Mr. Henderson thanked the staff and the donors and volunteers who have helped. He left the plaque with the City temporarily. 8. REPORT FROM PUBLIC WORKS AND TRANSIT REGARDING YAKIMA DOWNTOWN TROLLEY DEMONSTRATION SERVICE Bill Schultz, Transit Manager, introduced a video tape of the Downtown Trolleys and the service they provide. The March ridership for the green line exceeded 24,000. Total ridership is over 233,000. Mr. Schultz recommended that Yakima downtown trolley service be extended through December 1993, and funded by postponing a portion of the Transit Public Works facility improvement project until 1994. Funds of $200,000 for 1992 and $400,000 for the 1993 budget would be transferred and appropriated from the Capital Reserve Fund to the Operating Fund. Councilmember Barnett asked which portion of the facility improvement would be postponed and the source of funds to recoup the $600,000. Mr. Schultz answered that transfers from operating funds to capital would be the source, but he was unsure which portion of the facility project would be postponed. City Manager Zais stated a longer term financing approach might have to be considered in the future. Mr. Barnett expressed concern for the long range cost of this project. Councilmember Buchanan stated buses are a total loss as far as most taxpayers are concerned, however, they are a necessary part of a city to help the needs of the less fortunate. Mr. Buchanan attempted to explain to Mr. Brado that the tax . for transit must be used 4 285 MAY ` 19, 1992 for Transit only. He also said the majority of the citizens who responded to the survey are not transit users. Steve Caffrey, 816 S. 17th Avenue, spoke on behalf of the Visitors and Convention Bureau. His opinion is that tourism provides the best opportunity for significant economic impact within a community. In Yakima Valley last year the tourist industry generated approximately $100,000,000 in total economic impact. Downtown trolleys provides accessibility to the downtown area for the tourist and is accessible to 88% of the hotel rooms. These trolleys have proven to be an asset as a tourist attraction, as an amenity. The Executive Committee of the Yakima Visitor's and Convention Bureau fully endorses and supports the continuation of the free trolleys. Larry Mathews, 805 S. 17th Avenue, disapproved of the questions included in the transit survey. He felt it should have included a question asking if the public wants to join the PTBA. He feels the City will be doing the citizens an injustice if they ignore the results of the survey and continue the trolleys. Mr. Mathews asked Mr. Schultz if it was true that the maintenance cost on the trolleys was reaching a "horrendous " level. Mr. Schultz replied that this was not true. George Pechtel spoke it favor of;:the free trolleys. He feels one of the City's responsibilities is to provide this type of service to the citizens who need it. He believes the survey was misleading and that it is normal for the public to vote against something they feel is going to increase their taxes. One important issue, which he feels is being overlooked, is the environmental clean air concern. Mr. Pechtel would like to see the City give the trolleys a longer trial period. Jerry Henderson, 309 N. 35th Avenue, spoke as President of the Westside Merchants Association. The Association is in favor of the free trolleys continuing. He referred to a Dallas, Texas street rail transit system. The Dallas Council voted to eliminate the system and there was an immediate drop in business revenue in the area; the funding was then restored. Mr. Henderson also feels the trolleys need to be given a longer testing period. He addressed the benefit of the trolleys for cleaner air and for decreasing parking problems by using park and ride areas. Robert Owens, 405 N. 4th Street, No. 5, spoke in favor of mass transit with enhanced week -end service. He thinks the downtown trolleys are too expensive and should be 5 286 MAY 19, 1992 discontinued. He suggested at least one trolley should be used for another route, preferably the Fruitvale route. Martha Mathews, 703 N. Naches Avenue, spoke for the great I/ need of the free trolleys. She feels the people who use the trolleys were not reached by the survey. She commended the Council for their past caring and compassion for the citizens. Ms. Mathews addressed Councilmember Barnett, asking him why he was against the free trolleys. Mr. Barnett responded that he is not against the trolleys per se, but is for extended transit service for the areas that are not receiving service. He feels there is just not enough money for both and to also comply with the Americans with Disabilities Act. He has compassion for the senior citizens and feels the trolleys do not serve the largest number or their needs. At this time, (4:02 P.M.), Councilmember Buchanan asked to be excused to testify at a County meeting. He requested the Council defer their vote on this issue until he returns. Mr. Buchanan present after 4:15 P.M. Mitch VanWormer, of the Red Lion Inn, spoke in favor of the trolleys. He feels the tourists use the trolleys to shop in the downtown area and this benefits the City. Mr. Barnett asked Mr. VanWormer if he favored service for the area of town that does not have bus service; the reply was affirmative. S. F. Ohad, 1313 Browne, stated he has lived in Yakima since 1943. He is against the trolleys being free; he feels everyone should pay for what they get. Jim Whitenburg, a former resident of 32nd Avenue and Summitview area, commented he moved into Yakima City limits because he feels crime is less in the City limits than outside. He moved to Yakima three years ago because of the clean air. He rides the buses and feels the trolleys are needed for the citizens and for reduction of present air pollution. David Hawkins, 114 N. 9th Street, spoke in favor of the trolleys. He commented that the trolleys have benefitted him tremendously by being able to avoid traffic and parking problems. He related stories of citizens who have ridden on the trolleys and love them. He believes the trolleys are a great benefit to "the new poor ", which he defined as single 6 � v MAY "19 , 1992" parents. He also commended the drivers for their courtesy and helpfulness. Rachel Hernandez, a Yakima Trolley driver, spoke in favor of the trolleys and the benefit of cleaner air and fewer parking problems. Pam Caldwell, a Yakima Trolley driver, said the majority of her riders are low income or senior citizens who need the service for medical appointments. Many tourist also ride the trolleys. Angela May, 504 N. 7th Street, spoke in favor of the free trolleys and the help it gives them day to day. She also complimented the drivers and their courtesy. There being no one else wishing to speak, Mayor Berndt closed the public meeting. Councilmember Semon noted letters he had received from various citizens and organizations which are in favor of the trolleys, but could not attend today's meeting. Among these were the Track 29 merchants, the DARC Committee, and St. Elizabeth Medical Center. Mr. Semon stated the City has provided transit-service for over 25 years, trolleys are a continuation of that service. The service is operated with dedicated funds, which are funds that cannot be used for anything else. The trolleys have been a great success, and a valuable enhancement to the Transit System. He asked Council to consider the needs of the 200,000 plus riders of the downtown trolleys. It was MOVED BY SEMON, SECONDED BY BUCHANAN, TO ACCEPT THE TRANSIT COMMITTEE'S AND STAFF'S RECOMMENDATION TO CONTINUE THE TROLLEY SERVICE THROUGH THE END OF 1993. Councilmember Barnett stated he would be voting nay because he feels the main goal is to provide convenient, low cost, transit access for all City residents and to first abide by the Americans with Disabilities Act. Councilmember Brado said the citizens he has talked to are adamantly against the free trolleys. He also feels the newly annexed areas of the City need to receive service first. Councilmember Beauchamp said the survey actually only I/ represented a small portion of the citizens. He mentioned a statement had been made that the City had extra money and they had to find a way to spend it. He wished to emphasize that the money was in no way a consideration. The Council considered the trolleys as a positive image for Yakima. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO AMEND THE MOTION THAT THE TROLLEYS BE REDUCED TO OPERATING NINE MONTHS. Reducing the hours was discussed and rejected. The motion carried unanimous roll call vote; The question was called 7 288 MAY 19, 1992 for a vote on the motion as amended. The motion carried by 4 -3 roll call vote; Barnett, Berndt and Brado voting nay. Mayor Berndt had asked to abstain; request denied. She is in favor of the trolleys, but does not want to vote against the citizens who voted against the trolleys. She said things would be different when the transit facility is finished, concerning duplicating buses. Clean air, and park and ride for City employees is also a concern for her. The staff was directed to come back to Council with legislation to decide the three months which will be deleted and with amendments to the budget and to the resolution which states no fare service. *9. APPROVAL OF FIRST QUARTER 1992 ENGINEERING REPORT /PROJECT STATUS REPORT The First Quarter 1992 Engineering Report /Project Status Report was accepted. *10. CONSIDERATION OF ORDINANCE AUTHORIZING EXECUTION OF CONTRACT FOR A LOAN FROM DOE FOR FUNDING OF WASTEWATER TREATMENT IMPROVEMENTS; PROVIDING FOR DISPOSITION OF THE PROCEEDS AND REPAYMENT OF CONTRACT; AND ESTABLISHING CERTAIN FUNDS AND ACCOUNTS ORDINANCE NO. 3454, AN ORDINANCE of the City of Yakima, Washington, authorizing the execution and delivery of a contract for a loan from the State of Washington Department of Ecology in the aggregate principal amount of not to exceed $2,709,000 for the purpose of providing funds to pay the cost of wastewater treatment improvements to the City's combined system of water and sewerage; providing for the disposition of the proceeds thereof; providing for the repayment of the contract from revenues of said system; and establishing certain funds and accounts. 11. OTHER BUSINESS The Councilmembers requested a legal opinion from City Attorney Vanek concerning the accusation that the Hearing Examiner acted outside his jurisdiction of authority when he established a new classification of "Mission" for the Union Gospel Mission. Mr. Vanek will respond in a memo to the Council. 8 289 MAY `19, 19 • Information Items: " Items of information provided to Council were: Memorandum from City Engineer regarding Award Presentation to City Council. 5/8/92; News Release, "Yakima Community Television Receives Awards for Programming Excellence "; Assignments Pending in Office of Environmental Planning as of May 19, 1992; Memorandum from AWC regarding AWC Exhibit '92. 5/6/92; Letter from Northwest Power Planning Council regarding revision of 1987 Columbia. River Basin Fish and Wildlife Program. 5/6/92; Agenda for May 20, 1992 Hearing Examiner meeting; Agenda for re- scheduled Parks and Recreation Commission meeting on May 18, 1992; Yakima Valley Conference of Governments Newsletter. Vol. 18, No. 5, May 1992; Notice of Workshops in Emergency Management in Hazardous Materials; Article, "Census Update - How a Decade Changed Us "; Article from May 14, 1992, Seattle Post - Intelligence, "New Law Means On- the -job Drive to Cut Commute "; and Sample issue of Clearinghouse Bulletin. 12. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION AND COLLECTIVE BARGAINING It was MOVED BY BUCHANAN, SECONDED BY SEMON, TO ADJOURN TO EXECUTIVE SESSION FOR THE-PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION AND COLLECTIVE BARGAINING, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO MAY 22, 1992, AT 11:00 A.M., AT THE COUNTY COMMISSIONERS HEARING ROOM. 9 290 MAY 19, 1992 13. ADJOURNMENT TO MAY 22, 1992 FROM 9:00 A.M. TO 11:00 A.M., COUNTY COMMISSIONERS HEARING ROOM, FOR JOINT EXECUTIVE SESSION WITH COUNTY COMMISSIONERS REGARDING COLUMBIA ASPHALT SHORELINE PERMIT FINDINGS OF FACTS Following the completion of the Executive Session, the meeting was adjourned at 5:30 P.M. READ AND CERTIFIED ACCURATE BY: r 1 / '0- /1_()_93 COUN EMBER DATE w - Gj ■ ' CO Ev DATE ATTEST: ,eLA..e. 2 e---6 C vi ©,,,L. s a 4AA4t, / CITY CLERK MAYOR Minutes prepared by Clerk Harris 1 10