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
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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
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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.
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8. CONSIDERATION OF RESOLUTION REGARDING +HAZARDOUS VEGETATION AND
DEBRIS ABATEMENT PROGRAM
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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.
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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
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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.
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* 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.
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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.
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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:
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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:
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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.
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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.
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* 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
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