HomeMy WebLinkAbout11/30/1993 Business Meeting 5 4
CITY OF YAKIMA, WASHINGTON
NOVEMBER 30, 1993
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, Council Members Clarence
Barnett, Henry Beauchamp, Bill Brado, Lynn Buchanan (absent
after 4:30 p.m.), Skip Semon and Bernard Sims present on
roll call. 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
Buchanan.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Elaine McKowaln, Chairman of the Chestnut Manor
Association, 27 South 4th Street, introduced board members
present as Marvin Miller, Pat Beeson, Jean Vickers and
Phyllis Silkett. Board members unable to attend the
meeting were Don Sallee and Bonnie Franklin. Ms. McKowaln
presented Council with acertificate of appreciation, a
framed thank -you card and a framed picture of Chestnut
Manor from the residents of Chestnut Manor to express their
gratitude for the Council's involvement in the
establishment of Chestnut Manor.
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.
It was the general consensus of the Council to add Item
No. 9 to the Consent Agenda and remove Item No. 12. The
City Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was MOVED BY
BUCHANAN, SECONDED BY SEMON, 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 OCTOBER 12 AND NOVEMBER 9,
1993 ADJOURNED MEETINGS
I/ The minutes of the October 12 and November 9, 1993
Adjourned Meetings, 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 ON "A" STREET VACATION, REQUESTED BY JEM
DEVELOPMENT (Bring previously distributed material)
This being the time set for a public hearing on the "A"
Street vacation, Mayor Berndt opened the public hearing.
Al Royal, JEM Development, applicant, stated this vacation
is necessary to accommodate a prospective tenant of the
Yakima Mall. He gave answers to the most commonly asked
questions concerning the project. The tenant wants the
• store to be directly connected to the Mall and would not
accept a -sky bridge. He asked that the money being paid to
the City for the street vacation be utilized for utility
relocation, which won't cover all the costs. He pointed
out several projects in which the City contributed funds
for utility relocation. He thinks the economic benefit of
this project merits participation by the City (additional
tax revenues and jobs created). He commented the Naches
Avenue "U turn" is not essential to their project; however,
they are willing to pay one -half the cost for the "U turn"
in order to improv.e.i the : traffic flow in that area.
Referring to the loss of public parking, he stated that
they will actually have a net gain of parking due to the
design of the project. Although their private parking lot
at 4th Street and "B" will be eliminated, they purchased
property on Naches Avenue to be used for private parking,
resulting in additional parking. He estimated the new
store will employ an additional 70 -100 people and have an
estimated one million dollars in sales.
Bill Huibregtse, Huibregtse and Louman, consultant engineer
for JEM Development, stated his firm was asked to look at
the utility relocation and costs. He reviewed his
November 23, 1993 report and referring to a vicinity map,
11 indicated where the sewer, water, street light conduits,
fire hydrant, water meters, storm drain lines, gas line,
telephone and electrical lines would be.located for this
project. The sewer main, domestic water main, public storm
. drain, telephone ducts and lines would remain in their
existing locations, but would be sleeved in new steel
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casing pipe. He summarized the costs associated with
;utility relocation, as follows:
Public Sewer $ 26,930
Water 57,940
Storm drain 30,420
Street lights 7,800
• $123,090
Private Sewer 7,360
Water 23,280
Gas 5,050
Telephone 114J50
$ 4t'=040
He commented'that the figure does not in'tlude work
to be done by PP &L. Due t� the underground utilities, this
building would have no basement.
Wayne Kittelson, Kittelson & Associates, consultant traffic
engineer, 610 SW Alder, Suite 700, Portland, Oregon, stated
that while his firm was by JEM Development, they
approached this project from an engineering view and not as
advocates for the project. He submitted information
regarding parking and trip generation characteristics,
traffic circulation and access and recommendations (Exhibit
No. 1). He stated that the parking supply is adequate and
all new customers can be accomrnodated in the Mall parking
garage. He estimated a net increase in traffic of 15 -25 %.
He reviewed the traffic counts of the area, taken from 3:00
to 6:00 p.m. He summarized the net change in traffic
volumes with the vacation, at the evening peak hour. They
studied the intersection of' 4th Street and "B" and believe
the proposed "A" Street closure would not impact that
intersection. He suggested the painted crosswalk be
eliminated or the radius of•the curb be redesigned in order
to put the pedestrians, in the peripheral vision of the
driver. He next reviewed the construction of "A" Street
which would have a raised traffic island directing traffic
into the north /south alley between 4th Street and Naches
Avenue.
Council Member Barnett distributed information on vehicle
counts he gathered on "A" Street from Naches going west,
which he commented indicates a substantial use of "A"
Street, excluding the . ramp traffic. Mr. Kittelson
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suggested a few reasons for the variances, but said he
would have to review the data before he could explain the
differences. Referencing an earlier remark by Council
Member Barnett, Don Skone,'Planning Manager, reported there
is an inconsistency in the staff report on page 3,
paragraph 3, regarding the "U- turn" provision on 4th
'Street. He stated that since Mr. Kittelson suggested that
is not a good idea, staff would not require that condition.
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NOVEMBER:30, 1993
Mr. Skone and Mr. Roya1.responded to Council's questions
regarding classifidat "ion of 'Lincoln Avenue after the
increased traffic volume is considered and the amount of
neighborhood support.
Paul Colgan, New York Life, 114 N. 4th Street, expressed
concern about the additional traffic generated in the alley
behind New York Life which will make it more dangerous for
the agents to exit the building's garage. Jack McAfee,
Yakima Herald Republic, commented that the newspaper office
is concerned about traffic also. The newspaper office
petitioned the City to have a traffic signal at 4th Street
and "B" since approximately 125 employees cross at that
intersection. They may also experience problems with the
loading dock and the large trucks which would be coming
down 4th Street. He hopes the radius of "A" and 4th Street
would accommodate a large truck which might inadvertently
go down that street. Stan Pratt, "B" Street /Naches Avenue
property owner, located across from New York Life, also
expressed concern about trucks using the alley since they
access their business via that alley. The alley is very
narrow and a large truck would stop any traffic movement in
the alley. He urged the City not to allow the alley to be
used to access the Mall's loading ramps. He suggested the
City review the overall traffic pattern in the downtown
area. He suggested "B" Street become a two -way street and
make "D" and Lincoln streets the one -way streets (Lincoln -
! eastbound and "D" - westbound). Staff needs to make sure
that emergency vehicles and the refuse trucks can use that
alley. Corday Trick North ,Front Street, commented that
"A" Street leads into the historic district and allows the
railroad station to be seen from the Towne Plaza. Bill
Ibach, Manager of the Bon Marche, questioned the validity
of the projected sales from the proposed store due to the
parking perception problem which . exists in the downtown
area. He spoke about the impact to his and Lin Paul's
businesses by closing "A" Street. This closure would
inconvenience his customers. He stated the local street
grid should be maintained. Steve Anderson, architect
located in the Tipple Building, 325 "A" Street, stated that
the impact on his business should be apparent. He
expressed his reservations about calculating traffic counts
for the "mystery" tenant and about locating a phone utility
under the building. He further stated the alley does not
have sufficient width for its intended use. He stated his
main concern 'is with the broad scope that one -sixth of a
block should dictate the impact on a four block section of
the City. The impacts are paramount. Katherine Mann,
207 North Naches, expressed concern about the traffic,
. particularly in_the'alley between North Naches and North
6th Street. She reported she called Traffic Engineering to
ask if anything physically could be done to slow the
traffic, but was told "No ". Larry Mathews, 805 South
17th Avenue, licensed professional engineer, shared his
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NOVEMBER 30, 1993
concerns about the use of public funds for the moving and
relocation of public utilities and the finding Council will
have to make that the closure is more beneficial to the
public than the use of the street. He also referred to
Resolution No. D -5630, from 1989, which vacated "A" Street,
and asked if the City will bear the cost for relocating
those utilities. Mayor Berndt commented that Council will
not make that determination until after a decision is made
regarding the vacation. Mr. Mathews stated he does not
believe the City should bear any costs if this property is
vacated. He stated Council should start looking at
vacating the rest of "A" Street.
There being no other citizens wishing to speak to this
issue, the Mayor closed the public hearing.
Following Council comments and discussion, it was MOVED BY
SIMS, SECONDED BY BUCHANAN, TO AUTHORIZE STAFF TO
PREPARE LEGISLATION TO ALLOW THE RIGHT -OF -WAY
VACATION SUBJECT TO ANY FURTHER LEGISLATION WHICH
WILL BE ENACTED SEPARATELY. The motion carried by 5 -2
voice vote; Barnett and Brado voting nay.
Based upon the condition of the utilities, Council Member
Barnett stated he could support using $57,350 of the money
paid for the street vacation, for the relocation of the
sewer and storm drains. • Council reviewed the following
conditions listed on pages 2 and 3 of the staff report:
1. That the applicant redesign and reconstruct "A" Street
between the area vacated and Naches Avenue in order to
separate the Mall ramp and through traffic to the alley and
install appropriate signing.
2. That the applicant comply with the engineering study
(Huibregtse, Louman Associates, Inc.) requirements for
protection of and necessary reconstruction of public and
private utilities including the provision of any necessary
easements. The Yakima: Mall Corporation would be
responsible for any costs related to the removal or
reconstruction of any public or private utilities.
Estimated cost is $123,090.for public utilities and $47,040
for private utilities. (Note: The applicant is requesting
that reimbursement paid by the applicant for the vacated
right -of -way be used as the City's contribution towards
these costs. This would amount to $788,350. Such
contribution would be justified by the City's adopted
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policies to support economic development in the Central
Business District. Additional justification noted is that
portions of the utility lines involved are extremely old.
The storm water system was originally constructed as a
horse trough. The sewer line on 4th Street was installed
in 1922).
3. That the applicant implement the design recommendations
of the traffic report (Kittleson & Associates, Inc.),
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including the following;:: "A "4Street Between Naches and the
Alley: "A" Street would be one -way west bound, with one
traffic lane. Existing ramps to the Yakima Mall garage and
the service area will remain. A loading or customer pick-
up area will be provided adjacent to the ramp in the
location of the current left through lane. Curb parking on
the north side of "A" Street will be retained. A curb
return with adequate radius to accommodate a 40 -foot
trailer would be provided for right turns from "A" Street
into the alley; Alleyway: The alley between Naches Avenue
and 4th Street: The alley should be made one -way,
northbound; East 4th Street: East 4th Street'will be
retained as a two -way street as far south from "B" Street
as the most southerly - parking lot access (IOOF Lodge).
Southbound traffic on 4th Street can either enter the
garage or turn right onto "A" Street. Provision for
vehicles to make a "U- turn " will be provided at the
southerly end of 4th Street; near the Yakima Mall; Naches
Avenue Parking Lot: The applicant will construct the
parking lot on Naches Avenue between "A" & "B" Streets as
they have proposed; Naches Avenue: Construct an opening
in the Naches Avenue median, as proposed by the applicant,
to improve circulation in the area. (Note: The applicant
is requesting that the City pay 50% of the cost of this
improvement. Estimated cost is $13,215; half of which
would be $6,607.50. Should the City agree, the proposed
1994 City budget will need to be revised to include this
cost);
4. Payment to the Cay,. -,half of the appraised value.
Such appraised value is $156,700. It is recommended that
if the payment of $78,350 is not made within one year of
the approval of this proposal, an updated appraisal would
then be required to determine reimbursement to the City.
(Note: The applicant is requesting that reimbursement paid
by the applicant to the City be used as the City's
.contribution towards utility line reconstruction being done
by the applicant.)
(There is no #5 condition)
6. That the Yakima Mall Corporation build or cause to be
built, within three years of the passage of the ordinance,
a structure designed for the purpose of retail sales of not
less than 30,000 square feet and located within and
adjacent to the proposed vacation.
7. That the. Yakima Mall Corporation provide a personal
injury and property damage insurance . policy covering the
City for any liability arising out of the proposed
construction project.
8. The vacation will be subject to the terms of a
Development Agreement as well as the vacation ordinance
with conditions precedent thereto.
It was MOVED BY SIMS, SECONDED BY BARNETT, TO DIRECT
STAFF TO BRING BACK LEGISLATION TO INCORPORATE THE
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CONDITIONS IN THE REPORT WITH THE FOLLOWING
AMENDMENTS: NO. 3 UNDER "A" STREET -- CHANGE THE
WORD "SHOULD" TO "WILL "' PROVIDE A CURB RETURN WITH
ADEQUATE RADIUS TO ACCOMMODATE A 40 -FOOT TRAILER;
NO. 3 UNDER "ALLEYWAY" -- CHANGE THE WORD "SHOULD"
TO "WILL" BE MADE ONE -WAY, NORTHBOUND; NO. 3 UNDER
"EAST 4TH STREET" -- CROSS OUT THE PROVISION FOR
VEHICLES TO MAKE A U -TURN; AND NO. 3, UNDER NACHES
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AVENUE -- STRIKE OUT THE "NOTE" IN THE PARENTHESIS.
Mayor Berndt commented that this would make the Mall comply
with all the items listed and the $78,350, which is the
equivalent amount of money from the street vacation, will
be applied towards the utility relocation. The Mall would
be required to pay all the costs for the Naches Avenue
improvements. Council Member Sims agreed with the Mayor's
clarification of the motion. The question was called
for a vote on the motion. The motion carried by
unanimous voice vote.
Following a five minute recess, the meeting resumed at
4:30 p.m. (Council Member Buchanan absent)
7. FIRST PUBLIC HEARING ON COMMUNITY REDEVELOPMENT FINANCING
ORDINANCE ( Bring previously distributed material)
This being the time set for a public hearing on the
Community Redevelopment Financing Ordinance, Mayor Berndt
opened the public hearing. Rand Elliott, representing the
Holiday Inn, expressed support for the concept of Community
Redevelopment Financing. He encouraged Council to keep in
mind the value of expanding the Yakima Convention Center.
Council Member Barnett commented about the difference in
the financing amount found'in Jim Elliott's letter for the
expansion project. Glenn Valenzuela, Director of Community
and Economic Development, stated that this is an $8 -12
million project and staff, without having the economic
analysis, settled on $4 million for purposes of
discussion. He stated that another possible source of
revenue for the convention center expansion would be a
public facilities district, which is being pursued in the
next legislative session. Katherine Mann, 207 North
Naches Avenue, expressed concern that her taxes will
increase if this program-is implemented. Council Member
Semon stated that information is incorrect. There is no
additional tax levied by the formation of this program. He
stated the property tax may increase as the property
appreciates due to the development of that area. He stated
the difference between the base of property taxes now being
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collected and property taxes collected after the property
appreciates will be applied towards whatever programs
Council designates. Bo Hepier, 214 North 37th Avenue,
Parks and Recreation Commissioner, stated he would like
Council to consider a sports complex as one of the
projects, which would be - located along Kiwanis Park. It
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NOVEMBE:30, 1993
would bring in tournments'':;,.and. the entire city.
Allen Schmid, Pacific Power '& Light and a member of the
City's Committee responsible for bringing this forward,
representing the Chamber of Commerce, stated the Chamber
has not had an opportunity to vote on this issue. He
stated this is a very good way to fund some needed changes
within the downtown area. He encouraged Council to
continue with this process. He suggested that a better job
of educating the public about this program needs to be
done. Ken Messer, President, Yakima Valley Visitors &
Convention Bureau, speaking for the Executive Committee,
urged Council to support the CRF funding vehicle,
particularly for the expansion of the Convention Center.
Corday Trick, 5 North Front Street, affiliated with
Corday's, the Lund Building, the Long Branch and the North
Front Street Improvement Association, asked for Council's
consideration to use this funding for improvements to North
Front Street to improve street paving, sidewalks, wiring,
and sewer lines. Gary Lukehart, owner of property in the
vicinity of the I -82 /Yakima Avenue interchange, spoke in
support of the CRF program. He suggested this funding
source be used to enhance the tourist industry, and in
particular, the Convention Center. The City Clerk read
into the record a letter from Tim McGree in support of the
CRF program. Phil Pleasant suggested the targeted area
should be expanded from Lincoln to Nob Hill to include
needed infrastructure improvements. He also requested
Council pursue an avenue by which smaller minority
businesses can benefit from this program. There being no
other citizen wishing•Jt o address this issue, the Mayor
closed the public meeting. Mr. Valenzuela reported that
the consultant would be doing a financial analysis.
Council Member Barnett stated Council needs a very clear
understanding of how this affects the City's debt ratio.
City Manager Zais stated that staff has determined that
this particular legislation is exempt from the normal,
traditional debt service capacity requirements.
8. AUDIENCE PARTICIPATION
None.
*9. PRESENTATION OF CITY OF YAKIMA PRELIMINARY LEGISLATIVE'
PRIORITIES
This item was placed on the Consent Agenda. The report on
the City's preliminary legislative priorities was accepted.
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NOVEMBER 30, 1993
*10. CONSIDERATION OF RESOLUTION AUTHORIZING THE SOLE SOURCE
PURCHASE OF A DIGITAL VOICE RECORDER FOR THE POLICE
DEPARTMENT
RESOLUTION. NO. R - 93 - 124, A RESOLUTION authorizing the
sole source purchase of a Police Department CD -ROM logging
recorder.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF I/
AGREEMENT WITH YAKIMA COUNTY FOR COMMUTE TRIP REDUCTION
PLANNING
RESOLUTION NO. R A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City
of Yakima to execute a Contractual Agreement with Yakima
County for commute trip reduction planning.
12. CONSIDERATION OF ORDINANCE ADJUSTING SEWER RATES AS
MANDATED BY THE STATE
Council Member Barnett requested staff give the public an
explanation of why the sewer rates are being increased.
Chris Waarvick, Wastewater Superintendent, explained that
faced with revenue shortfalls, the State Legislature
considered several options to alleviate that problem. They
removed the exemption of certain classes of revenue accrued
by Wastewater services and also increased that rate by 42%.
It has been staff's recommendation to give Council the
option of increasing the rates due to items mandated by the
state so the City doesn't accrue a shortfall. Council
Member Barnett asked why this increase was not delayed
until the cost of service analysis is completed.
Mr. Waarvick stated the impact of this is for the public
benefit. At some time that revenue loss would have to be
made up. City Manager Zais commented that the tax was
effective mid -year, so the City is sustaining a loss. It
is not certain when the cost of service study will be acted
upon. Ordinance No. 93 -110 having been read by title, it
was MOVED BY SIMS, SECONDED BY SEMON, THAT THE
ORDINANCE BE PASSED. The motion carried by unanimous
voice vote; Buchanan absent. There was a brief discussion
regarding the revised utility bill which will indicate the
cost for environmental regulations and mandates.
ORDINANCE NO. 93 - 110, AN ORDINANCE relating to public
services and utilities; increasing consumption charges; and
amending Subsection 7.60.020A of the City of Yakima I/
Municipal(Code.
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*13. SECOND READING OF AN ORDINANCE AMENDING THE 1993 BUDGET AND
APPROPRIATING FUNDS FOR EMERGENCY REPAIR WORK TO THE
TROLLEY SYSTEM
An Ordinance amending the 1993 . budget and appropriating
funds for emergency repair work on the overhead feeder wire
system of the trolley lines, having been read by title at
the previous meeting, was brought before the Council for a
second reading.
ORDINANCE NO. 93 - 111, AN ORDINANCE amending the 1993
budget for the City of Yakima; and making an appropriation
of $17,256 in the 1 - Trolley Fund for expenditure during
1993 for emergency repair work on the trolley lines.
14. CONTINUATION OF HEARING ON PROPOSED 1994 BUDGET (C)NTINUED FROM
11/23/93)
This being the time set for the .continued hearing on the
proposed 1994 budget, Mayor Berndt opened the public
hearing. Dan Arnett, Chamber of Commerce, distributed a
position statement on the proposed 1994 budget, which he
reviewed. There being no other citizen wishing to speak to
this issue, the public hearing was closed.
15. OTHER BUSINESS
It was MOVED BY SEMON, SECONDED BY SIMS, TO APPOINT
MARIA DE LA LUZ SEGURA TO :THE COMMUNITY PROGRAMMING
ADVISORY COMMITTEE. The motion carried by unanimous
voice vote; Buchanan absent.
Dave Hussell, Street and Traffic Operations Manager,
distributed updated copies of the Bell - Walker level of
service report.
Mayor Berndt announced that the County Commissioners
canceled the meeting regarding Congdon Orchard.
Information Items:
Items of information supplied to Council were: Letter from
HUD regarding Yakima Housing Authority Public Housing
Management Assessment Program. 11/26/93; Monthly Report
of the Chief of Police for October 1993;. and Agenda for
the November 18, 1993 Yakima Air Terminal Board meeting and
minutes of its October 14, 1993 meeting.
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16. ADJOURNMENT TO DECEMBER 2, 1993 ADJOURNED MEETING AT
10:00 A.M., HALVERSON LAW FIRM, THEN TO DECEMBER 7, 1993,
9:00 A.M., COUNCIL CHAMBERS FOR BUDGET WRAP -UP; THEN TO
DECEMBER 7, 1993, NOON, ST. ELIZABETH MEDICAL CENTER FOR
JOINT MEETING ON YAKIMA VALLEY LEGISLATIVE PRIORITIES
It was MOVED BY SIMS, SECONDED BY SEMON, TO ADJOURN
THIS MEETING AT THE HOUR OF 5:15 P.M., TO THEN MEET
AGAIN ON DECEMBER 7, 1993 AT 9:00 A.M. FOR BUDGET
WRAP -UP, AND THEN TO DECEMBER 7, 1993 AT NOON, AT
THE ST. ELIZABETH MEDICAL CENTER FOR A JOINT MEETING
ON YAKIMA VALLEY LEGISLATIVE PRIORITIES. The motion
carried by unanimous voice vote; Buchanan absent.
-A \11 /)\
READ AND CERTIFIED ACCURATE BY: A Y. ,
COUNC L M ' BEER DATE
--4,40.C 3 - 8.-er
COUNCIL MEMBER DATE
ATTEST:
' (;It,
CITY CLERK MAYOR
(An audio and video tape of this meeting are on file in the City Clerk's Office)
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