HomeMy WebLinkAbout11/02/1993 Study Session / Business Meeting 489
CITY OF YAKIMA
NOVEMBER 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.
Mayor Pat Berndt, presiding, Council Members Clarence
Barnett, Henry Beauchamp, Bill Brado, Lynn Buchanan, Skip
Semon and Bernard Sims present on roll call. City Manager
Zais, Prosecuting Attorney Woodard, and City Clerk Roberts
also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Sims.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Council Member Barnett referred to the number of Council
meetings scheduled for November 9 and 23 and December 7th,
and asked if Council is interested in rescheduling any of
them. There was no response from the Council except to agree
that the scheduled meetings will make for some long days.
Mayor Berndt announced that YCTV will be covering the
election tonight.
David O'Zanne, Director of Teen Challenge, read a
proclamation from Governor Mike Lowry proclaiming November 1-
7, 1993 as Northwest Teen Challenge Week in the State of
Washington.
Council Member Beauchamp extended an invitation to attend a
crusade tonight at the SunDome.
4. CONSENT AGENDA
Mayor Berndt referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present.
She announced that Item No. 12 has been postponed for one
week and Item No. 10 needs to be removed in order to change
the date of hearing. Council Member Semon requested that
Item No. 9 be removed 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 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.)
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*5. APPROVAL OF THE MINUTES OF THE SEPTEMBER 28, 1993 BUSINESS
MEETING
The minutes of the September 28, 1993 Business meeting, was
approved, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
6. PUBLIC MEETING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION
ON THE REZONE OF PROPERTY (Continued from 10/12/93 -- SEE
ADDITIONAL INFORMATION PROVIDED):
A. ORDINANCE REZONING PROPERTY IN VICINITY OF 4400
POWERHOUSE REQUESTED BY DEL MATTHEWS
B. ORDINANCE REZONING PROPERTY AT 4411 W. POWERHOUSE RD.,
REQUESTED BY MYRON ABRAMS AND GEORGE MULL
• Bruce Benson, Associate Planner, stated that three weeks ago
Council directed the Planning staff to review some specific
terms of the ordinance dealing with the how and when of road
improvements of this rezone. Staff has worked with the
applicant and developed a compromise. The applicant will
pay the City $100,000 for the improvements; $20,000 down
with the balance to be secured by a bank mortgage, and paid
within five years. The City would become responsible for
the road construction, including the timing. The $100,000
represents the construction costs for both rezones. The
Ordinance, in Section 2, specifies three years for the
construction, which refers to the applicant's original
requirement to build the road. This still remains an
option, with the $100,000 payment being an alternative.
Jerry Sturgill, representing Central Washington Home
Builders Association, stated the Association does not
believe that developers should be responsible for all costs
for streets and right -of -way improvements associated with a
development when those streets will be utilized by the
general public. The developer should stand some fees, but
it is not right that they be charged the full amount. Neil
McClure, 208 So. 45th Avenue, stated the roadway is already
a dangerous situation and anything that would make it more
dangerous is something we don't want. He commented that if
Mr. Abrams will put up the $100,000 over the next five
years, and the City will put it in the 1994 budget for
improvement, and the road is improved, then this would be a
good rezone. Council Member Brado stated the City would
only improve that road another couple of thousand feet and
then the rest would not be paved. He stated the City is
working with the County on improving the other mile of that
road. Phil Hoge, 1512 Folsom, stated he has discussed this
issue with staff and with Mr. Abrams since the first
hearing. He feels that improving this road is good.
Referencing Section 2, paragraph A of the Ordinance, he
asked if the payment will be made at the time of the signing
of the Concomitant Agreement. Assistant City Attorney
Paolella stated that since the Ordinance is not effective
until 30 days after publication, staff would use that time
to complete the documents and receive the initial payment.
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Referencing the next to the last paragraph in the staff
report, Mr. Hoge asked if staff or Council would make the
recommendation when the improvements should be completed.
Mayor Berndt stated she would like to have a motion to set a
policy on the completion of the improvements. Mr. Covell,
I/ Director of Engineering and Utilities, indicated that this
road improvement will be considered in the 1994 budget.
Mr. Hoge inquired if the zoning would return to SR zoning if
the required improvements are not made. Council Member
Barnett stated the answer he got from staff this morning
regarding that same question, it forces the City to complete
the improvements within the three year time frame. Steve
Paul, 4819 W. Powerhouse Rd., asked if the City helped pay
for the road improvements when Fred Meyer was developed.
Joan Davenport, Supervising Associate Planner, stated the
County Commissioners approved the development, and part of
that agreement was the requirement that it be annexed prior
to development. All of the street improvements on 40th
Avenue and Powerhouse were paid for by Fred Meyer. Mr. Paul
stated that when property is rezoned industrial, it
increases in value; therefore, the property owner should pay
for the necessary improvements. Mr. Zais stated the
property owner is taking a risk in this type of proposition.
Mr. Paul stated the property owner will make a profit, and
the City should keep that in mind when they determine how
much the property owner should pay for the improvements, and
how much the community should have to pay. Mayor Berndt
stated that information won't be known until the engineering
design is done; Mr. Abrams will be asked for $100,000.
There being no other citizen wishing to speak to this
issue, the public meeting was closed. Ordinance No. 93 -97
having been read by title, it was MOVED BY BUCHANAN,
SECONDED BY BEAUCHAMP, THAT THE ORDINANCE BE PASSED.
The motion carried by unanimous roll call vote. Ordinance
No. 93 -98 having been read by title, it was MOVED BY
BUCHANAN, SECONDED BY BEAUCHAMP, THAT THE ORDINANCE
BE PASSED. The motion carried by unanimous roll call vote.
ORDINANCE NO. 93 - 97, AN ORDINANCE relating to zoning;
rezoning property located in the vicinity of 4400 Powerhouse
Road in Yakima, Washington, from SR (Suburban Residential)
to Light Industrial (M -1); amending the zoning map of the
City of Yakima; and subject to all of the conditions
I/ contained in the Hearing Examiner's Recommendation.
ORDINANCE NO. 93 - 98, AN ORDINANCE relating to zoning;
rezoning property located at 4411 Powerhouse Road in Yakima,
Washington, from SR (Suburban Residential) to Light
Industrial (M -1); amending the zoning map of the City of
Yakima; and subject to all of the conditions contained in
the Hearing Examiner's Recommendation.
7. AUDIENCE PARTICIPATION
As a concerned citizen and a black business person, Phil
Pleasant stated he is addressing Council about the poor
utilization of black business people in the City. As the new
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president of the local Chapter of the NAACP, Mr. Pleasant
explained that the Organization's National headquarters has
requested him to meet with recipients of federal money in
order to determine how many of those dollars are being
allocated to the black community. We need to look at Title 6
because it tells the Federal Government how to purchase from
minorities. He is prepared to request the NAACP's national
leadership assistance in this matter. Ma Berndt inquired
about the utilization of the black community in the training
program established by the Central Washington Home Builders
Association. Mr. Pleasant stated those people want them to
work for free; yet they get money for their work. He
indicated he would take this discrimination issue to court.
Dan Arnett, Rental Service, thanked City staff for allowing
him to have input in the CHAS Report by viewing the documents
and correcting omissions in the minutes of the hearing.
Speaking on behalf of the Chamber of Commerce, he invited
Council to the Chamber's meetings on Tuesdays and Thursdays
regarding the City's proposed 1994 budget.
*8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
INTERLOCAL AGREEMENT WITH CITY OF WAPATO FOR INCARCERATION OF
CITY OF YAKIMA PRISONERS
RESOLUTION NO. R - 93 - 111, A RESOLUTION authorizing the
City Manager to execute an Interlocal Correction /Detention
Agreement with the City of Wapato for incarceration of City
of Yakima prisoners.
9. CONSIDERATION OF RESOLUTION AUTHORIZING EXTENSION OF CABLE
TELEVISION FRANCHISE WITH TELE- COMMUNICATIONS, INC., OF
YAKIMA VALLEY FOR ADDITIONAL 45 DAYS
Council Member Semon stated that Gary Bailey has been very
cooperative in working with the Council Committee; however,
he is not happy with TCI at the corporate level. A draft
ordinance was sent to them in July and they have not
responded except to say they needed more time. He stated
that most of the changes were boilerplate. Glenn Valenzuela,
Director of Community and Economic Development, requested
Council not take action on this today. Staff needs to
complete one additional item of research before bringing back
an ordinance next week. He stated that TCI's attorneys have
been in contact with Mr. Bailey and we believe most of the
language in the franchise can be rewritten to be mutually
acceptable. It was MOVED BY BUCHANAN, SECONDED BY
BEAUCHAMP, TO POSTPONE THIS ITEM FOR ONE WEEK. The
motion carried by unanimous voice vote.
10. SET DATE OF PUBLIC MEETING FOR NOVEMBER 23, 1993 TO CONSIDER
REQUEST FOR VACATION OF PORTION OF "A" STREET REQUESTED BY
JEM DEVELOPMENT
Mayor Berndt reported a citizen has requested this hearing
date be postponed an additional week, to November 30th.
Following discussion, it was MOVED BY BUCHANAN, SECONDED
4.93
BY BEAUCHAMP, THAT NOVEMBER 30, 1993, AT 2:00 P.M.,
BE SET AS THE DATE OF PUBLIC MEETING TO CONSIDER THE
VACATION OF A PORTION OF "A" STREET, REQUESTED BY JEM
DEVELOPMENT. The motion carried by 6 -1 voice vote; Barnett
voting nay.
I/ • 11. _PRESENTATION FROM BELL WALKER ENGINEERING REGARDING TRAFFIC
FLOW LEVEL OF SERVICE FOR GROWTH MANAGEMENT TRANSPORTATION
PLANNING (MATERIAL TO BE DELIVERED MONDAY EVENING)
David Hussell, Street and Traffic Operations Manager, stated
the purpose of this discussion is to give information about
transportation level of service. This is an important
element in part of our planning for growth in the future and
part of the growth management policy we need to address. He
stated that Bell Walker Engineering representatives will
review the material provided to Council yesterday. After the
first of the year, Council will need to set a standard for
level of service in Yakima. Between now and January or
February, there will also be some opportunity for public
comment. Staff will be making this presentation to the
public and bring that information back to Council. David
Zielinski, Bell Walker Engineering, stated his firm is
preparing the transportation element of the City's
transportation plan as part of the GMA. He stated they
estimate an increase of about 20,000 trips per day and the
purpose of this plan is how the City will deal with that
increase. They have calculated the level of service (LOS)
for intersectionsand roads in Yakima. The LOS is graded
from A, B, C, D, 1E and F, with A being excellent, C stable
and D, E, and F being the lower level of service. One of the
reasons a LOS is set is that it sets up a method for
determining concurrency. Standards can then be set for new
development as to how that additional growth in that area
will travel on the roadway surface. Different LOS can be set
for different areas. He stated that although they did the
analysis, the facts and traffic counts were provided by City
staff. Council Member Barnett asked why "A" Street, where a
proposed vacation is being considered, was not on their chart
for LOS. Shelley Willson, Supervising Traffic Engineer,
stated that "A" Street is not a classified street and is not
on a continuous transit route, and, therefore, was not
required to be included in this study. Mr. Hussell stated
I/ that staff can provide that information on "A" Street.
Council Member Semon asked if the City's estimate for the
concurrency aspect is too conservative, would the City suffer
penalties from the State for not being in compliance. Ted
Bell, Bell Walker Engineering, stated the information can be
updated and Council will want to do that every two, three, or
five years. If not reviewed, then ten or fifteen years later
the City might be placed in some jeopardy, but he doesn't
think that has been determined. Council Member Sims asked
why this is being done if the State will not provide funding
to bring the streets up to the standard we designate. City
Manager Zais stated staff continues to pursue state and
federal funding sources. This is a mandate under the GMA and
the state has mandated a finance plan as a part of this,
494
encompassing all the options, including local option
authority. He stated that the City won't be making funding
decisions alone; the County must be involved in some actions.
Council Member Barnett stated that if the standards are set
high, then a developer wanting to build in that area must be
charged more impact fees to meet that high standard, which
I/
bothers him. Mayor Berndt stated all those costs don't
necessarily have to fall on the developer. Referencing the
charts in the report, Council members requested a glossary of
terms or a narrative be added. Miguel Sandoval, Bell Walker
Engineering, gave a slide presentation illustrating the
different levels of service existing on Yakima streets.
Mr. Bell stated they are looking at the entire transportation
system, including transit, bike, pedestrians and car pooling.
They are also doing a transportation model that will forecast
future traffic demand. If the City decides an impact fee is
needed, they can analyze how they want to distribute those
costs. This report will be finalized and the definitions for
all these tables will be provided. Council Member Barnett
suggested the report needs to be clarified as to whether it
encourages development or stymies it. Council Member Brado
asked about the difference in definition between SEPA and
concurrency. Mr. Bell stated that SEPA is a local decision;
concurrency says you must fund your local development
program. You can change land use conditions and decrease
traffic conditions. GMA says you must have a program you can
fund.
12. PRESENTATION FROM DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT REGARDING PRELIMINARY BOUNDARY MAP AND TIME FRAME
(SET DATE OF HEARING FOR DECEMBER 14, 1993)
This item was postponed for one week.
13. OTHER BUSINESS
Mayor Berndt stated Council was given a copy of a letter
regarding the upcoming legislative meeting. She asked Council
Members to advise Marketa Oliver if there is another
organization they would like invited to attend the meeting.
City Manager Zais stated that he distributed a letter from
Mr. Schons regarding the Greenway SEPA hearing. The City
legal department will review his concerns and report back to
Council.
Assistant City Manager Glenn Rice was wished a happy 50th
birthday. I/
Information Items:
Items of information supplied to Council were: Letter to
the Editor from City Manager Zais regarding open public
meetings law. 10/28/93; Yakima Avenue /I -82 Interchange and
Fair Avenue September 1993 Progress Report from CH2M Hill.
10/20/93; Yakima County Development Association Third
4.95
•
•
Quarter 1993 Report; October 1993 Annexation Status Report;
October 1993 Office of Housing and Neighborhood Conservation
Monthly Report; October 1993 Rebound Plus Monthly Report;
Transit Third Quarter 1993 Report; Washington State Tourism
Bulletin, October 1993; Yakima Valley PTBA Newsletter,
November 1993 and minutes of the October 6, 1993 Board of
Directors meeting; and Minutes of the September 9, 1993
Community Development Advisory Committee meeting.
14. ADJOURNMENT TO NOVEMBER 9, 1993 ADJOURNED MEETING AT
7:00 A.M. FOR INFORMAL DISCUSSION AMONG COUNCIL MEMBERS IN
THE POLICE TRAINING ROOM, SECOND FLOOR, CITY HALL, THEN TO
NOVEMBER 9, 1993 AT 9:00 A.M., COUNCIL CHAMBERS, FOR BUDGET
STUDY SESSION (POLICE, FIRE, AND FINANCE)
It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADJOURN
AT 3:50 P.M., TO THEN MEET ON NOVEMBER 9, 1993 AT
7:00 A.M. FOR AN INFORMATION DISCUSSION, AND ADJOURN
THAT SESSION TO NOVEMBER 9TH AT 9:00 A.M. FOR THE
FIRST BUDGET STUDY SESSION. The motion carried by
unanimous voice vote.
Mk READ AND CERTIFIED ACCURATE BY: ► ' _A 40 _ ""�
• CO NCI iEMBER 11 DATE
COb CIL MEMBER DATE
ATTEST:
6 t 9 t-i 2—, "- -- A et (2!t 40.
CITY CLERK MAYOR
An audio and video tape of this meeting are available in the City Clerk's Office
•
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CITY OF YAKIMA, WASHINGTON
NOVEMBER 9, 1993
ADJOURNED MEETING
'.he City Council met on this date at 7:00 a.m. in the Police
C. ference Room, 2nd Floor of City Hall, Yakima, Washington for
in'.rmal discussion. Council Members present were
Mayo Pat Berndt, presiding, Henry Beauchamp, Bill Brado (present
after 7:30 a.m.), Lynn Buchanan, Skip Semon, and Bernard Sims.
Council Member Clarence Barnett was absent and excused. City
staff members present were City Manager Zais, Assistant
City Mana.-r Rice, Assistant City Attorney Paolella, and Deputy
City Clerk ovald.
Before the pres-ntation and discussion began about the proposed
Police Station / Legal Center, Council members briefly discussed CRF
projects determin.tion, which will be established through the
process of public he. -rings and public input. It is important that
the process is start.-d this year so that new major development
projects can be include■.
Mel Blackstone, with John Graham Associates, Seattle, and
Ron Cullen, with Architect ►re Associates, Yakima, were available
to answer questions about t.e Design /Build process, the project
proposals, and the conclusion. of the Design Team concerning the
proposed Police Station /Legal C- ter facility.
Mr. Blackstone referred to the De "gn /Build process that the City
initiated this past spring. Th -re were three proposals on
multiple sites, or really site proposals from three different
proposers, received for the new fa ility. The process was
followed to the letter. After going t' ough the grading, as was
called for in that process, Mr. Blacksto recommended the hiring
of the Opus Corporation for the Kiwanis "nark Site as being the
Selection Committee's recomendation. H- explained that the
Design /Build process is a little different rom a standard bid
process in that the low bid is not ne -ssarily what is
recommended. The recommendation is based on th- Cost Per Quality
Point score that is acheived by looking at the •ost proposal on
the base bid and the quality points which were .rranted based
upon the criteria in the RFP. Mr. Blackstone descri: -d one of the
most important criteria aspects of the facility. In r- sponse to a
concern expressed by Council Member Beauchamp, M . Cullen
explained the Design /Build process is different .han the
traditional bid process in that there are no traditional
construction documents with all the ground rules set orth;
therefore, what is submitted is an actual design. Mr. Zais
emphasized the importance of deciding on a site, and if a site ad
been chosen, then the traditional bid process could have be -n
used. The Design /Build process was used because the Council coule
not decide on where the site should be, nor did they know what the