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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.) 490 *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. 4911 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 492 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 • 496 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