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HomeMy WebLinkAbout05/23/1989 Business Meeting 168 MAY 23, 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. Assistant Mayor Buchanan presiding until 2:05 P.M. Council members Clarence Barnett, Jerry Foy, and Bernard Sims present on roll call. Mayor Berndt present and presiding beginning at 2:05 P.M. Council members Henry Beauchamp and Lynn Carmichael absent and excused. Assistant City Manager Stouder, City Attorney Vanek, Acting Deputy City Clerk Watkins, and Department Assistant Barber also present. 2. INVOCATION The Pledge of Allegiance was led by Council member Foy. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER David Bachmann, Fire Department Public Education Captain, presented Tim Bodeen and Monica Valenzuela to the Council and explained how they had been key players in a community -wide effort to catch an individual who was setting fires in Yakima. By watching in their neighborhoods and reporting suspicious individuals, an arrest was made and investigations followed that resulted in confessions on four fires. Also as a result of those arrests, a total of twelve outstanding arson cases in the City have been cleared up. In appreciation' of their efforts, Assistant Mayor Buchanan presented a Certificate of Commendation to both Tim Bodeen and Monica Valenzuela. 4. CONSENT AGENDA Assistant Mayor Buchanan referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Assistant City Manager Stouder requested Item No. 11 be continued to the first meeting in June. It was the general consensus of the Council that Items No. 15 and 16 be removed from the Consent Agenda, as requested by Council members Foy and Barnett. The Department Assistant then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY BARNEIT, SECONDED. BY SIMS, THAT THE CONSENT AGENDA, AS READ, BE PASSED. Unanimously carried by roll call vote. Beauchamp and Carmichael absent. (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 MEETING OF MAY 16, 1989 The Council minutes of May 16, 1989 were approved, having been duly certif`Ad accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION Mayor Berndt apologized for entering late explaining she had been at the Yakima Airport welcoming some very important guests to Yakima, First Lady Gardner, and the Superintendent of Public Instruction, Judith Billings. 7. PUBLIC HEARING ON VACATION OF EAST "A" STREET FROM FOURTH STREET TO ALLEY, AS REQUESTED BY.YAKIMA MALL CORPORATION This being the time set as the date of hearing on the petition to vacate right -of -way at East "A" Street, Larry Lehman, Associate Planner, presented an overview of Petition No. 1083, submitted by the Yakima Mall Corporation. He stated staff has reviewed the • AAD /1 16 9 MAY 23,1989 petition and recommend approval subject seven conditions listed in the staff report. A summary of these conditions are; 1) the applicant obtain an independent appraisal acceptable to the City and pay compensation of one -half appraised value to the City, 2) the Northern 20 feet of Lot 14, Block 89, Town of North Yakima be dedicated as public right -of -way, 3) easement for public utilities and water and storm drain lines will be retained, 4) applicant is responsible for -cost of relocation or reconstruction of the Cascade Natural Gas line and any other non -City utilities affected, 5) the vacation is contingent upon the issuance of a City building permit for a retail structure of not less than 30,000 square feet, 6) the City initiate a petition to approve a second vacation of the ' southerly 120 feet of right -of -way within Block 89, Town of North Yakima, serving as an alley, and 7) the City bear the estimated utility relocation costs of up to $110,697 for this project. Council member Barnett asked if the vacation included the sidewalks -rid was advised it did as it includes all rights -of -way. Council member Foy commented that the second vacation, requested by the City, was neither requested nor required by the applicant and would not be necessary if the first vacation had not been requested, yet it will cost the City $110,697 in unrecoverable costs. Mr. Lehman responded that the $110,697 are costs that are necessitated by the original vacation request and will basically entail reconstruction and relocation of the sewer line, reconstruction of a portion of the City's storm drain system, and of the City water pipe system. Mayor Berndt opened the hearing to the public. James L. Boyd, representing the Independent Order of Odd' Fellows, 106 N. 4th Street, submitted a letter stating they were not in favor of this vacation due to the burden of traffic it would put on their parking lot, plus the loss of parking on 4th Street and "A" Street. Charles Riemcke, a property owner of 110 N. 6th Street and 206 N. 7th Street, stated that putting a barricade across "A" Street is going to inconvenience everyone in the northeast corner of the community as they come into the business section. Larry Mathews, , 805 S. 17th Avenue, presented written .testimony supporting the petition for three major reasons; 1) the addition.of.a department store will help ensure the future of the downtown mall, 2) the City Traffic report indicates that the street vacation will not have a significant impact on traffic in the surrounding 'area, and 3) recommendation that to help get public support of the City's contribution to this project they contribute a portion of the increased sales tax revenue to rescue and revive the Southeast Community Center. Al Royal, representing the Yakima Mall Corporation, stated he appreciated there are always problems with change but felt this would be a very positive change to our downtown business district. He said this department store estimates they will hire 75 to 100 full time people and they will provide a new source of income for badly needed facilities in the form of additional sales tax, and between the additional department store and the other shops it is expected there will be an increase in sales. of $18 to $20 million. He felt it is a sound investment because the return from sales tax will make a very substantial income flow for the City as well as ensure that the Central Business District remains strong, not only today, but in the future. Council member Barnett asked if a skybridge was considered in the initial planning. Mr. Royal responded that it was)but the major tenant involved turned it down. He continued, stating this department store is. going. to come to Yakima and. the Mall is their primary site but if they cannot maintain a, corridor like J.C. Penney, the: Bon Marche, and Mervyns, they will not come to this site. Gene Mayer, 509 E. Lincoln, called Council's attention to how Yakima has been fortunate to be progressive downtown. He said in his opinion this petition is the only way the Mall can be preserved and expanded and the only way to get a major marketer into the Mall. Tam Truax, 100 N. 56th Avenue, one of the owners of the Tipple Building, said he has two areas of concern which are the loss of parking and disruption of the traffic flow. He said with the addition of the second vacation requested by the City they will lose from 12 to 13 on- street parking sites . that are very critical AAD /2 170 MAY 23, 1989 in that area. He referenced the Traffic Report saying it stated they do not study in detail the traffic destination and the ability of the other streets to take care of the increased traffic that would be placed on them. He suggested a destination study of the people who are using "A" street be conducted. Walter Robinson, 415 N. 52nd Avenue, has an office at 120 N. Naches, the SW corner of Naches and "B" Street. He spoke on behalf of the owners of the property, the staff and clients that cane to this office, stating they are opposed to the vacation. They do not have any objection to another department store going in nor are they concerned about the potential loss of parking. Their concern is the travel that "A"\ Street receives from their clients and staff and don't want the\ - good traffic patterns that have been previously created ruined. Kathryn Mann, 200 block N. Naches, is concerned about the flow of traffic, especially in the alley between N. Naches and N. 6th Street caning from Yakima Avenue to Lincoln or "C" Street. She feels the City Engineers could figure out some way to get the flow of traffic out of the City core without having to make use of alleys and feels with this vacation the alley will be misused. She also expressed concern about the loss of parking spaces as people will be forced to park further away moving into her area. She requested, if the petition is approved, safety signs be placed in the alley as there is a large number of children coming from both of the Y's and she is concerned for their safety. Mayor Berndt asked if there was anyone present who wished to add anything in favor or opposition to the vacation. Council member Foy asked if there was a firm agreement with the department store to locate here. Mr. Royal said the department store would not make an agreement until the petition is approved. He said there is very strong interest, to the point where they are confident the deal can be made. Council member Foy had clarified it is the Mall corridor that requires the vacation and not the store itself. Council member Barnett asked if the Fire Department had reviewed the petition. He was informed they had and their only suggestion, not a result of the petition, was to reverse the current stop signing on Naches Avenue and "A" Street. Council member Foy stated he had some difficulty with the concept that once we've vacated, the . abutting property owners can build on the property and there is no longer any recovery of our cost. He reiterated that if we vacate it we, in essence, are reverting it to the abutting property owners with no cost recovery. Council member Foy stated he didn't have any problem with the request of expanding the Mall, but had problems with the staff's recommendation to vacate something that the owners didn't ask for and, in essence, turning it over to abutting property owners. Council member Buchanan commented he had thought about this same issue but since we are asking for vacation of property to make an alley, the alley swap is just about even and there is already an easement on the "A" Street side which was granted for parking ramps and loading ramps a long time ago. Public Works Director Copeland explained the reason they recommend this second vacation is to have a method of getting traffic in and out of the dead end street. He continued, saying if we don't vacate it we would be doing the exact thing people are complaining about, forcing people into that portion of "A" Street with no way out except using the alley and creating a thoroughfare out of the alley. Council member Foy asked how all of these traffic revisions fit in with the downtown traffic study. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO APPROVE THE .RIGHT -OF -WAY PETITION NO. 1083 SUBJECT TO CONDITIONS 1-7. Carried by 3 -2 voice vote, Barnett and Foy voting nay. Beauchamp and Carmichael absent. Council member Barnett requested the record indicate his major reason for opposing the motion is he does not feel we have adequately analyzed the traffic patterns and flows and impacts of this item and he has reservations on the second vacation. Mayor Berndt stated she shared some of those reservations but also is very aware that if we do not keep our downtown core very strong and solid there are other people who would like to see it move out of town and we would be left with an empty downtown. Council member Sims absent after 3:05 P.M. AAD /3 17 1 MAY 23, 1989 ray: Cd 8. CONSIDERATION OF RESOLUTION REGARDING +HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM • Bob Shampine, Code Administration Manager, presented the first weed abatement of the year authorizing the Code Administration Manager to clear certain weedy lots. There being no citizen present to speak to this issue, and Resolution No. D -5581 having been read by title, it: was MOVED BY BUCHANAN, SECONDED BY FOY, THAT THE RESOLUTION BE ADOPTED. Unanimously carried by .roll . call vote. • Beauchamp,. Carmichael, and Sims absent. RESOLUTION NO. D- 5581, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 9. REPORT FROM DEPARTMENT OF ENGINEERING AND UTILITIES REGARDING: A. RECONSIDERATION OF 1989 STAFFING PROPOSALS FOR WATER DIVISION AND WASTEWATER DIVISION • Dennis Covell, Director of Engineering and Utilities, presented the report and deferred Council questions to his Division Managers. Discussion ensued clarifying the proposed reorganization of the Distribution System staff. There was also discussion on the Water Projects Manager position. Council member Barnett questioned the need for this position at this time based!'on the number and dollar amounts of the 1989 Capital .projects. He felt it would not be necessary until the Council has made a decision whether the irrigation system will be transferred to the domestic system and /or whether the City is going to become. a regional purveyor of water. Council member Buchanan commented that utilizing an outside consultant may save the City a significant amount of money. Ty Wick, Water /Irrigation Superintendent, responded that he feels there are enough projects to support the addition of a Water Projects Manager as his time is currently being taken with this ill work and his other projects and duties suffer.. Mayor Berndt requested this issue be divided into three separate parts; I) the reorganization, II) the Water Projects Manager, and III) the training position. It was MOVED BY BARNETT, SECONDED BY FOY, TO APPROVE THE REORGANIZATION OF THE WATER DIVISION. Unanimously carried by voice vote. Beauchamp, Carmichael, and Sims absent. It was MOVED BY FOY,. SECONDED BY BARNETT, TO BRING THE WATER PROJECT MANAGER ITEM BACK TO COUNCIL AT'A TIME WHEN ALL ARE IN ATTENDANCE. Unanimously carried by voice vote. Beauchamp, Carmichael, and Sims absent. Council member Foy spoke against the Water Treatment . Training position as it is a two year commitment on the part of the City with no guaranteed return on its investment. It was his suggestion that a vocational education facility support this training program. In this manner the City would not have. to put in the restrictions that only "this" group or "this" sex can apply for the position. It was his recommendation that a text be developed and reviewed with Yakima Valley Community College and Z.M. Perry to determine if they could teach it. Mayor Berndt expressed concerns with this position as well:, one of which was the salary. It was MOVED BY FOY, SECONDED BY BUCHANAN,, TO DENY THE TRAINING POSITION. Unanimously. carried by voice vote. Beauchamp, Carmichael, and Sims absent. B.. NPDES DISCHARGE PERMIT REQUIREMENTS FOR WASTEWATER DIVISION It was MOVED BY FOY, SECONDED ..BY BUCHANAN, TO ADOPT 9B. Unanimously carried by voice vote. Beauchamp, Carmichael, and Sims absent. • * 10. REPORT FROM PUBLIC WORKS REGARDING AMENDMENT OF THE ADMINISTRATIVE FEES FOR OUTSIDE JURISDICTIONS SERVED BY TRAFFIC ENGINEERING The report from the Public Works Department regarding_the amendment of the administrative fees for outside jurisdictions served by Traffic Engineering Division, was accepted. AAD /4 172 MAY 23, 1989 • 11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH RON KING FOR PEPSI - RAINIER PROGRAM Item removed from agenda by staff and continued to June 6, 1989. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA VALLEY SWIM TEAM RESOLUTION NO. D -5575, A RESOLUTION authorizing an agreement with the Yakima Y.M.C.A. Swim Team for use of City swimming pool facilities. * 13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YMCA FOR CONDUCTING A YOUTH SUMMER PLAYGROUND PROGRAM RESOLUTION NO. D -5576, A RESOLUTION authorizing execution of agreement with the Yakima Y.M.C.A. for conducting a youth summer playground program. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH STATE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR A PUBLIC WORKS TRUST FUND LOAN /AGREEMENT FOR DOMESTIC WELL REPLACEMENT OF RANNEY COLLECTOR RESOLUTION.NO. D -5577, A RESOLUTION authorizing an agreement with the Department of Community Development of the State of Washington, for a loan for partial reimbursement of costs for replacement of the Ranney Collector with a new domestic well. 15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 6 TO THE AGREEMENT WITH CWC -HDR, INC. TO PERFORM A COST OF SERVICE ANALYSIS ON SEWERAGE SERVICES AND RATES Mayor Berndt alerted Council that a letter was transmitted to the Commissioners advising this action. Council member Foy expressed his concern about the timing of this report and action on it and the potential need for the surcharge to be retroactive. He ; suggested that 93% ,be, enacted,.and put into a separate account • pending the. outcome...of this .study. If the outcome is less, there will be a refund, with interest, to the user; if it is 93 %, it is paid_with no .need ,of a retroactive. charge which would hurt a . lot, of people.. not . anticipating. it. RESOLUTION: No. D -5578 having been read by title, it was MOVED BY BARNETT, .SECONDED BY BUCHANAN, THAT : THE RESOLUTION BE ADOPTED. Mayor Berndt said she was willing to consider Council member Foy's proposal suggesting it be done separately from the agreement, however, when more Council members are in attendance. THE QUESTION WAS CALLED FORA VOTE ON THE MOTION. Unanimously carried by roll call vote. Beauchamp, S Carmichael, and Sims absent. It was the consensus of Council to bring. back variations on Council member Foy's proposal at the next meeting. RESOLUTION NO. D -5578, A RESOLUTION authorizing execution of Amendment, No.. 6 to the agreement with CWC -HDR, Inc. to perform a cost of service analysis on sewerage services and 16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ECOLOGY AND ENVIRONMENT, INC. FOR SOIL TESTING IN CITY RIGHT -OF - WAY Council member Barnett acknowledged the revised agreement that was submitted at the Council meeting asking for clarification. He was advised by City Attorney Vanek that the revision took out the indemnification clause. The City will be protected by an insurance policy that will be in place plus the Environmental Protection Agency gives assurance of protection against liability. RESOLUTION No. D -5579, having been read by title, it was MOVED BY FOY, .SECONDED BY BUCHANAN, THAT .THE. RESOLUTION BE ADOPTED . Unanimously carried by roll call vote. Beauchamp, Carmichael, and Sims absent. AAD /5 W 173 MAY 23, 4989 RESOLUTION NO. D- 5579, .A RESOLUTIauthorizing execution of agreement with Ecology and Environment,' Inc. for soil testing in City right -of -way. * 17. APPROVAL OF REPORTS FROM DEPARTMENT OF FINANCE AND BUDGET: • A. CENTRAL BILLING ACCOUNTS RECEIVABLE REPORT THROUGH FIRST QUARTER 1989/RESOLUTION AUTHORIZING WRITE -OFF OF CERTAIN UNCOLLECTIBLE ACCOUNTS The Central Billing Accounts Receivable,'•Report through First Quarter 1989 was accepted. RESOLUTION _NO. D- 5580, A RESOLUTION authorizing write -off of certain uncollectible accounts. B. FIRST QUARTER 1989 INSURANCE REPORT The First Quarter 1989 Insurance Report was accepted. * 18. APPROVAL OF FINAL CONTRACT PAYMENT FOR 28TH AVENUE RECONSTRUCTION, TIETON DRIVE TO WALNUT STREET (STANDARD MOTION V -B -- ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) The report from the•City Engineer dated May 10, 1989, with respect to the completion of the work on the.28th Avenue, Tieton Drive to Walnut Street project, performed by Columbia Asphalt & Gravel, was • approved, the work accepted and payment of the final estimates as therein set forth was authorized. * 19. APPROVAL OF OUT -OF -STATE TRAVEL FOR: • A. MIKE NUGENT, FIRE DEPARTMENT, TO EMMITSBURG,. MARYLAND The Out-of-State-travel for Mike Nugent, Fire Department, to attend the Fire Executive. Development.. class, .in Emmitsburg, "Maryland, • ' June 19 -30, 1989, at a cost of $156.00, was approved. B. KAREN DEAN, TRANSIT DIVISION, TO EMMITSBURG, MARYLAND The Out -of -State travel for Karen Dean, Transit Division, to attend the FEMA Integrated Emergency Management course, in Emmitsburg, Maryland, July 30 - August 4, at no cost to the-City (Paid by FEMA & State .Emergency Services), was approved. • 20. CONSIDERATION-OF AN ORDINANCE AMENDING THE CAPITAL COST RECOVERY CHARGE RELATING TO SEWER SERVICE (TABLED FROM APRIL 25,. 1989) • Itean 20 was nbt discussed. -Continued to June 6, 1989. *21. CONSIDERATION OF AN ORDINANCE APPROVING A CLASS 2 USE AND REZONING PROPERTY IN THE VICINITY OF 601 EAST NOB HILL BOULEVARD FROM R -2 TO CBDS, AS REQUESTED BY PEDRO AND AMELIA GARZA ORDINANCE NO. 3176, AN ORDINANCE affirming the Hearing Examiner's recommendation to rezone property in the vicinity of 601 East Nob Hill Boulevard from R-2 to CBDS, approving a'Class 2 use of the same property, and amending the zoning map of the City of Yakima. *22. ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR YPPA LABOR CONTRACT SETTLEMENT (SECOND READING) An Ordinance amending the 1989 Budget and appropriating funds for YPPA labor contract settlement, having been previously read by title only, was brought before the Council for a second reading. ORDINANCE NO. 3178,. AN ORDINANCE amending the 1989 Budget for the City of Yakima; making appropriations for the 1989 wage and benefit package negotiated for the Yakima Police Patrolman's Association from Unappropriated Fund Balances within various Funds for expenditure during 1989. AAD /6 • 174 MAY 23, 1989 * 23. CONSIDERATION OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS TO IMPLEMENT THE LAW AND JUSTICE PROGRAM (SECOND READING) An ordinance amending the 1989 Budget and appropriating funds to implement the Law and Justice Program, having been previously read by title only, was brought before the Council for a second reading. ORDINANCE NO. 3177, AN ORDINANCE amending the 1989 budget for the City of Yakima; making appropriations for Law and Justice Programs from Unappropriated Fund Balances within various Funds for expenditure during 1989. 24. OTHER BUSINESS None Information Items Items of information supplied to Council were: Memo from Chief of Police regarding Narcotics Enforcement, 5 /05/89; Monthly Reports of Chief of Police for January and February, 1989; Agenda for May 22, 1989 Yakima Center Advisory Commission meeting and Minutes of its April 17, 1989 meeting; Memo from Assistant City Manager regarding Defensive Driving Training, 5/11/89; Article from May 5, 1989 The Wall Street Journal, "California High Court Upholds Prop 103 "; Minutes of the May 3, 1989 Yakima Air Terminal meeting, and Anncouncement of Public Scoping Meetings on Joint Readiness Training Center, 5/8/89. 25. EXECUTIVE SESSION REGARDING DISPOSITION OF PROPERTY It was MOVED. BY BARNETT, SECONDED. BY...BUCHANAN, TO ADJOURN. TO EXECUTIVE SESSION FOR APPROXIMATELY 10 MINUTES ,TO DISCUSS DISPOSITION. .OF PROPERTY.. Unanimously carried by voice vote. Beauchamp, Carmichael, Sims absent. 26. ADJOURNMENT Following Executive Session and there being no quorum present, staff clarified a few points for Council member Barnett regarding the NPDES Discharge Permit requirements for the Wastewater Division. The meeting was adjourned a 3:50 P.M. READ AND •CERTIFIED ACCURATE BY � ., ?4� /J f COUNCIL Di BER / D COUNCIL vi A E ATTEST: C.44/C.- • ( CITY CLERK MAYOR Minutes prepared by Linda Watkins • AAD /7