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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.) • 55 NOVEMBER30, 1993 • *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 2 55 NOVEMBER 30, 1993 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 I/ 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. 3 { 57 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 4 58 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 I/ 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.), 5 tea k 5 9 NOVEMBE 1993 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 6 66 NOVEMBER 30, 1993 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 1/ 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 I/ 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 7 61 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. 8 6.2 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. 9 63 NOVEMBER 1993 q ,. s k.� = rt. *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. 10 64 NOVEMBER 30, 1993 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) • 11