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HomeMy WebLinkAbout02/21/1989 Business Meeting 104 FEBRUARY 21, 1989 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, Lynn Buchanan, Lynn. Carmichael, Jerry Foy and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Toney also present. . 2. INVOCATION . The Pledge of Allegiance. was led by Council member Carmichael. _ 3. OPEN, DISCUSSION FOR THE GOOD OF THE. ORDER Mayor Berndt; stated. George Martin,.member of the, Washington • Centennial Commission, has suggested that, Jerry, Henderson be appointed to replace Betty Carlson. It. was MOVED BYT :FOY, SECONDED. • BY BUCHANAN:,.. THAT': JERRY..HENDERSON" BE .APPOINTED THEWASHINGTON .CENTENNIAL::. MISSION...., Unanimously carried by.voice vote. Council member Buchanan stated Central. Washington. University is attempting to locate a facility at the Yakima Airport to expand their present training program for airline pilots, FAA personnel etc., and they are attempting to secure funding for a feasibility study for this endeavor. He said he is supportive of this effort and urged Council's approval of a contribution toward the feasibility. study. Therefore, it was. MOVED :BY.BUCHANAN,, SECONDED BY : BEAUCHAMP: THAT' .THE ,. CITY: _"CONTRIBUTE ..$5, 000 >:TOWARD THE - COST. OF . , THE STUDY., JOINING:`. WITH:. CENTRAL WASHINGTON: UNIVERSITY THE STATE AND CITHERS, .'In GET_ THE':. SI'UDY:A000MPLISHED::; SO THEY. CAN .APPLY . FOR FAA GRANTS.._ Council member Barnett, asked what the County going to contribute to this and Mr. Buchanan responded, "That is a good question; we generally contribute toward airport funding and the County generally does not." City Manager Zais interjected that it was intended that the County be asked for a similar amount. He stated the Airport has allocated $2,500 toward the study. Mayor Berndt and Council member Beauchamp spoke in support of the motion. Council member Barnett stated he will support the motion but he feels the Council should put pressure on the County to make a similar contribution because the Yakima Air Terminal is a joint city /county facility. Council member Carmichael was in agreement with Mr. Barnett's comment: The question was called for a vote on the motion. Unanimously carried by voice vote. 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 consensus of the Council that Items Nos. 8A, 8B, 9 and 13 be added, and Items Nos. 11 and 12 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.CARMICHAEL,'SEC'ONDED''BY SIMS, THAT: -:: THE CONSENT AGENDA,. AS.:READ,::"BE PASSED. .Unanimously carried by roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion, without further discussion.) . *5. APPROVAL OF MINUTES OF THE COUNCIL MEETINGS OF DECEMBER 13 AND 20, 1988 AND JANUARY 3, (CONTINUED FROM 2/14/89) JANUARY 10 & 17, 1989 The Council minutes of December 13 and 20, 1988 and January 3, 10 and 17, 1989 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. AAD /1 • 105 FEBRUARY-24 1989 6. AUDIENCE PARTICIPATION A. SPECIAL APPEARANCE BY LARRY WEST REGARDING YAKIMA AIR FAIR Larry West, Post Office Box 1327, Yakima, informed Council that he recently accepted the position of Director of the Yakima Air Fair. • Photographs of the 1988 Air Show were circulated around the dais for Council to view. He stated the air show has been expanded to three days and will include' the addition of the arrival show on Friday. Mr. West gave a brief report about the coming attractions of the 1989 Air Fair and encouraged everyone to attend. Richard Andring, 203 South 8th Avenue, spoke about the traffic problem in the area of Davis High School, .asking. Council to consider a traffic light or crosswalk at the 7th Avenue and Walnut intersection due to the degree of difficulty. pedestrians are having in attempting to. cross that intersection. Mr. Andring related that he was almost hit while attempting to cross the street • at that location this morning. Fred Williams, 807 Tieton Drive, also spoke about the' traffic hazard at the intersection at Davis High School, stating there is no need for that intersection to be a 4 -way stop. Mr. Williams stated the City Council is protecting Davis High School and it is time to let the School District fight its own battles. 7. PUBLIC MEETING ON WALNUT AVENUE /8TH AVENUE REZONE, INITIATED BY YAKIMA CITY COUNCIL • This being the time set for the public meeting, Associate•Planner Larry Lehman, reviewed the history of this rezone issue. He stated on November 15, 1988 Council voted to deny the request for rezone at the corner of 9th Avenue & Walnut. Mr. Lehman stated because of the testimony given at the public meeting' it became evident that there was some interest in rezoning. a portion of that area and a public hearing was held on January 26, 1989 by the Regional Planning Commission to hear the rezone initiated by ; the City Council on December 20th for the property in the ,vicinity of South 7th through South 9th .Avenue,- adjacent to Walnut. ,Mr. Lehman pointed out that in initiating the rezone, Council was not • endorsing., it, but was only responding to requests to allow the - rezone to be. •.considered. He stated the purpose of ah s :...public meeting is to decide if Council wishes to accept or reject the recommendation of the RPC to rezone subject area to B -1. Mr. Lehman stated Council may accept, reject, or withdraw the Council initiated rezone. He indicated if Council chooses to withdraw the rezone, the proposal will not have to receive any further consideration by staff or the Council; it will become a dead issue. Mayor Berndt asked Council to make a declaration of any contacts that have been made. None of the Council members had been contacted by anyone regarding this issue. Mayor Berndt opened the public meeting for testimony asking that anyone present to speak in favor of the rezone to do so at this time. George H. Pechtel, 7 North Front Street, spoke as a .representative III of the property owners at 9th Avenue and Walnut, urging Council to approve the rezone. • Fred Williams, 807 Tieton Drive, spoke in favor of the rezone, stating, from llth Avenue east, he sees no reason why it cannot be rezoned general business or B -1. Mayor Berndt asked those wishing to speak against the rezone do so at this time. Richard Andring, 203 South 8th Avenue, spoke against. the rezone, stating this is strip rezoning. He stated one parcel of property is being divided and fifty feet is being zoned B-1, while fifteen AAD /2 10b FEBRUARY 21, 1989 • feet will remain R -3. He stated this is Lot 15 back of the beauty shop that will be strip zoned. Discussion continued regarding the strip zoning, B -1 zoning and non - conforming •uses in. the subject area, and the building codes for those areas. Mr. Andring read the following -names into the record as being to._the rezone: Susan Hertlein, 1204. S. .11th Avenue, Nadine M. LaFramboise, 711 West Walnut, #109, JeRene Andring, 203 South 8th Avenue, Theresa A. LaFramboise, 711 West Walnut, #106, Hazel M. Robbins, 711 West Walnut, #101, Muriel Scheinost, 711 West Walnut, #221, Mrs. Ralph Weber, 711 West Walnut, #112, Wendell M. Smith, .210. South 7th Avenue, #201, Joe M. and Patricia B. Hinsey, 102 South 7th Avenue, #5A, Alphonse and Dorothy Otter, 102 South 7th Avenue, #3A, James D. Jansen, 207 South 8th Avenue, #7, Marilyn M. Zirkle, 207 South 8th Avenue, #5, Duane H. Braconnier, 102 South 7th Avenue, #4, James Ratcliff and Eric Frasher, 102 South 7th Avenue, #6, Dan Craig, 700 West Walnut, Bernice M. Bollenbach, 712 West Chestnut, Mrs. Eileen Holcome, 711 West Walnut, Apt. 117, Ray W. Linblad, 711 West Walnut, #215, Inez L. Monzel, 711 West Walnut, #118 and Mary Martin (address not given). Mayor Berndt, having announced earlier that it would be necessary for her to leave the meeting at 3:00 P.M., relinquished the gavel. to Mayor Pro Tem Buchanan and excused herself at this time. Mr. Andring read the description of the predominate lot on 9th Avenue into the record as follows: Herman's Addition northerly 15 feet of lot 14, Block 4, also all of lot 15, parcel number 181324- 43543. He said this lot is 65 foot wide, and if it is rezoned as requested, it will be zoned 50 foot business and 15 foot residential. Mr. Andring asked that the other two property descriptions be recorded as follows: Herman's Addition, Lots 11 and 12 and.southerly 20: feet of Lot 13, Block 4, parcel number 181324- 43541 and Herman's Addition, the northerly 30 feet of Lot 13 and southerly 35 feet of Lot 14, Block 4, parcel number 181324 - 43542. Council member Barnett commented that he does not believe there is a specific demonstrated public need to rezone and he believes the present R -3 zoning allows changes with the appropriate Class 3.Review and the retention.of the R -3 zoning protects the residential use, while allowing for a change by going through the public hearing process. It was MOVED BY .BARNE'IT.,. .SECONDED BY '.CARMICHAEL, THAT-THE .REQUEST'FOR REZONE: Carried by 5 -1 voice vote. Foy voting nay; Berndt absent. Betty Irwin, 711 West Walnut, Apartment #105, expressed her appreciation to the City Council for the time. and courtesy extended to the citizens residing in the subject area regarding this issue. 8. REPORTS FROM YAKIMA CENTER: *A. ANNUAL REPORT The 1988 Year End Report for the Yakima Visitors and Convention Center was placed on the Consent Agenda and approved as submitted by the Department of Community and Economic Development. *B. CATERING CONTRACT The report from the Department of Community and Economic Development recommending • award of the Yakima Center Catering Contract to M & M Catering was placed on the Consent Agenda and approved as submitted. • C. PRELIMINARY FEASIBILITY STUDY FOR EXPANSION OF YAKIMA CENTER Director of Community & Economic Development, Glenn Rice, stated this report from the. Visitors and Convention. Center deals with a feasibility study to determine if the Center should be enlarged. Mr. Rice stated staff has reviewed the report and concurs with the Convention Center staff and the Visitors and Convention Center Board to retain Bucher, Willis and Ratliff for a review of the structure and its capacity. Mr. Rice reviewed the report and AAD /3 107 FEBRUARY 21, 1989 • yielded to inquiries from City Council. members. Mr. Rice stated Lenore Lambert, Vice- Chairperson of the Visitors and Convention Bureau, and owner of the Wine Cellar, and Kathy Coffey, Manager of the Visitors and Convention Center, were also present to respond to questions from Council. Council member Foy asked if the feasibility study will provide a method of paying for the expansion of the Convention Center. Mr. Rice directed Council member Foy to page three of the report from Bucher, Willis and Ratliff and reviewed the information contained in the report, commenting it III seems rather general in scope. Mr. Foy stated the report is discussing marketing rather than the feasibility of .expanding the Convention Center. Mr. Foy stated his concern is that in 1995 the City will no longer have the reserve funds from the 2% hotel /motel tax and he is unaware of any measure on the part of the legislature to reinstate that 2% tax. Council member Foy stated the believes the Convention Center Board members have to implement a tourism study, noting they are already doing marketing research and analysis. Mr. Foy said the difficulty he has is that the report from the consultant deals with marketing and packaging of the facility and does not relate to the expansion of the building. Council member Barnett asked if this report has been before the Visitors and Convention Center Board and Mr. Rice responded that it has and they are now making their recommendation to the City Council for approval. Council member Carmichael stated the City has worked with Bucher, . Willis and Ratliff on other studies and this report seems to be the next logical step to tie, up some loose ends, to look to the future in terms of how this Convention Center can fit.into the rest of the downtown planning, fit into the :future of marketing Yakima as a whole, in working out any difficulties ahead of. timeY:,with :the Sun .Dome :and the private• properties to bring it all together as an entire package. She stated the questions in this report have needed to be answered for a long period of time and by not recognizing that, the City is putting off something that needs to be dealt with at this time.:_ Mrs .Carmichael stated several of the Council members are to be in Olympia over the next two days and can discuss the issue to make sure that the message is not distorted in terms of the City's legislative representation in Olympia. Council member Carmichael encouraged approval of appropriating $3,750 for the feasibility study. Council member Foy stated his concern is that the scope of services for the feasibility study. - need to be specific as to the expansion of the Center so that additional money does not have to be spent later on gathering further data. City Manager Zais stated Council may be discussing something that is beyond what is presently contemplated in this study. He read from page.one of the letter to Ms. Coffey which states "The Board would like a preliminary assessment of the feasibility of such an expansion. In other words, will an expansion of the present facility be justified . through additional and /or longer meetings? The purpose of this evaluation will be to determine if the preliminary architectural evaluation of an expansion and a,detailed financials analysis from which funding can be justified." Council member Foy suggested removing the words "feasibility study for expansion" and ask about our marketability in the world of tourism with the Sun Dome, the number of rooms available, the Convention Center, the word of intent of agreement between the hotels and motels and the Convention Center and Sun Dome; put it`together and then you will have the criteria needed to determine if the Center should be expanded. Council member Barnett asked if this is premature before III the impact of the Sun Dome is known and Mr. Rice responded, "This should have been done ten years ago." It was MOVED.BY CARMICHAEL, • SECONDED _BY SIMS, TO ACCEPT THE REPORT .AND AUTHORIZE THE CITY MANAGER TO ' SIGN THE CONTRACT WITH BUCHER, . WILLIS.:.AND. ,RATLIFF TO PREPARE THE STUDY. AS OUTLINED.. Following brief comments by various council members,.the question was called for a. vote on the motion. Unanimously carried by voice vote. Berndt absent. . Mayor Pro Ten relinquished the gavel to Council member Carmichael as it was necessary for him to depart for Olympia at this time. • AAD /4 1,08 . FEBRUARY 21, 1989 *9. REPORT FROM PUBLIC WORKS DEPARTMENT REGARDING DESIGN PLANS FOR IMPROVEMENTS TO SENIOR CITIZEN CENTER The report from the Department of Public Works and Engineering regarding the Plan Review of the Senior Center Improvements was placed on the Consent Agenda and approved as submitted, with Council member Carmichael commenting that the report was excessive and a waste of money because it is not for construction; it is just for review. City Manager Zais stated that in the past Council has raised questions about complete data on design reports, and for this reason, the decision was made to submit the complete report. * 10. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF REAL PROPERTY TO TREE TOP, INC. RESOLLTrION._NO. D -5550, A RESOLUTION authorizing the sale of real property located in Selah, Washington to Tree Top, Inc. 11. CONSIDERATION OF RESOLUTION SETTING DATE OF. HEARING FOR MARCH 28, 1989 ON THE IRRIGATION ASSESSMENT ROLL • Council member Barnett asked if the issue of the Adams Pipe line has been resolved. Ty Wick, Water Superintendent, reported that the two elderly gentlemen who once operated the line have ceased to do so, leaving the City to operate it in order to get water to other districts. He stated the City does not own the system, but no one has offered to assume the responsibility of maintaining the Adams pipe line, therefore, the City maintains it to get water to other districts. Resolution No. D -5551 having been read by title, • it was MOVED 'FOY, SECONDED . BY SIMS, THAT THE_:,.,RESOLLTTION .: BE. . PASSED. Unanimously carried by roll call ....vote. Berndt and Buchanan absent. RESOLLTTION_.NO. D- 5551, A RESOLUTION setting a date for hearing on the confirmation of the irrigation maintenance assessment roll for the year 1989. 12. APPROVAL OF JANUARY 1989 BUDGET REPORT (ACCEPT REPORT FOR FILING) Director of Budget and Finance, John Hanson, responded to Council member Sims questions about the decrease in revenue for the Parks and Recreation Department. Mr. Hanson stated one explanation might be that if a tour had been scheduled in previous years and was not rescheduled for this year, that could account for a significant amount of decline in revenue, or it could easily be a year end problem. Mr. Sims had also questioned a figure contained in Table TV which was in error. Mr. Hanson stated the 1988 year end should read $1,286,441, the interest earnings should read $33,988 and actual resources should read $1,358,468. He stated the balance for 1989 is correct, however. It was MOVED BY FOY, SECONDED BY. SIMS,, TO .ACCEPT ..THE REPORT.. Unanimously carried by voice vote. Berndt and Buchanan absent. *13. CONSIDERATION OF .AWARD. OF CITY'S LEGAL ADVERTISING CONTRACT (REPORT AVAILABLE TUESDAY) The report fran the City Clerk regarding the City's Advertising Contract was placed on the Consent agenda and approved as submitted, awarding the contract to the Yakima Herald. Republic. *14.' CONSIDERATION OF AN ORDINANCE SETTING ALARM MONITORING FEES • t " .ORDINANCE <NO .. 3157,. AN ORDINANCE relating :to private .fire alarm systems; increasing transmitter equipment •fees; and amending Section 10.03.100 of the City of Yakima Municipal Code. * 15. CONSIDERATION OF AN ORDINANCE AMENDING THE 1989 BUDGET FOR 1988 YEAR -END ENCUMBRANCES (FIRST READING) An Ordinance amending the 1989 budget and appropriating funds for 1988 year -end encumbrances, having been read by title only, was laid on the table for one week, or until February 28, 1989. AAD /5 10 FEBRUARY: .21, 1989 16. OTHER BUSINESS Council member Barnett brought up the subject of the decision yet to be made on the issue of the outside utility surcharge. He stated it was his understanding that staff would be presenting a report on the matter the first week of March, however, that is not • listed on the study session for next week. City Manager Zais stated staff discussed a draft memorandum this morning regarding this matter and will be presenting a report to the City Council in approximately. two -and -a -half weeks. Director of Public Works, Jerry Copeland, introduced.the Parks and..Recreation Manager, David Flaherty, to the. City Council. City Manager Zais indicated Council should have received a copy of the letter prepared for the state legislators regarding the City's position on the Joint Law Enforcement facility. He stated this is for, information purposes only. Information Items: Items.of information supplied to Council were: Memo from Chief of Police regarding Narcotics Enforcement Update. 2/8/89; EPA summary of proposed rulemaking for National Pollutant Discharge Elimination System permit application requirements for storm water . discharges. 11/23/88; .,Yakima Valley Conference of Governments Newsletter, Volume 14, No. 2, February 1989; Agenda for February . 22, 1989 Police and Fire Civil Service Commission meeting and ' :minutes H of . January.. 18, 1989 meeting; and Minutes of the January ,25,,•.1989 Yakima :Air Terminal'Board,reting.: 17. EXECUTIVE :SESSION REGARDINGJPENDING LITIGATION ; It was MOVED BY FOY, SECONDED BY BEAUCHAMP, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION, AND ADJOURN IMMEDIATELY THEREAFTER. Unanimously carried by voice vote. Berndt and Buchanan absent. . • 18. ADJOURNMENT . • Following the completion of the 'Exec tive Session, the meeting was adjourned at, :.the hour of. 4: 08 . P. READ AND CERTIFIED ACCURATE BY //' COUNCIL, MEMBER ' D�1' ATTEST: COU eIL MEMB DATE ie,0 e ) t im e _ ' (9 Vgel)'7vie,a CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Barbara J. Toney, CMC. • • • • :! .: '( . AAD /6 . •