HomeMy WebLinkAbout11/14/1989 Business Meeting 318
NOVEMBER 14, 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, Lynn Buchanan,
Jerry Foy and Bernard Sims present on roll call.-Henry Beauchamp
present at 2:10 P.M. City Manager Zais, Assistant City Attorney
Tree, City Clerk Roberts and Deputy City Clerk Toney also present.
2. INVOCATION
The Pledge of Allegiance was led by Council member Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
It was the consensus of the Council that the off agenda item,
relating to the agreement with Tree Top Corporation of Selah, be
added to the Consent Agenda as Item 21 B under Other Business, and
that the off agenda item setting the date of public meeting for a
right -of -way vacation requested by Phillip J. Robillard, be added
as Item 21 -A, under Other Business.
, Council member indicated staff has informed him that the
American flags placed on Yakima Avenue and 1st Street on special
holidays are owned by the City. He requested Council approve the
.replacement of the twenty American flags, along with the necessary
cleaning of the flags, as a major policy issue in the 1990 Budget.
He also asked that staff be directed to provide a source of funding
for this by December 9, 1989. This was the consensus of the
Council.
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 Item No. 16 be removed, and Items Nos. 11, 21 -A and
21 -B be added to the Consent Agenda. The City Clerk then read the
Consent Agenda items, including resolutions and ordinances by title.
It was MOVED._BY FOY, SECONDED.' THAT THE.;. AGENDA,
AS READ, BE PASSED..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.)
*5. APPROVAL OF MINUTES OF THE COUNCIL MEETINGS OF.00TOBER 10, 17, AND
24, 1989
The Council minutes of October 10, 17, and 24, 1989 were approved,
having been duly certified accurate by two Council members and no
one present wishing to have said minutes read publicly.
6. AUDIENCE PARTICIPATION
Mayor Berndt read a proclamation designating November 16, 1989 as
the "13th Annual Great American Smoke Out" in Yakima and encouraged
smokers to give up smoking on that day. The proclamation was
accepted by Susan Hattrup, President of the Yakima Unit of the
American Cancer Society.
7. PUBLIC HEARING ON GREENWAY PARK PLACE SHORELINES PERMIT
This being the time set for the public hearing on the Greenway Park
Place Shorelines Permit, Associate Planner Joan Davenport recapped
the proposal for the permit, stating the site is located at 1701
Terrace Heights Drive. The proposal is to build four story office
building with approximately 33,000 square feet of usable floor
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NOVEMBER 14, 1989
space, 192 parking spaces of which twenty four will be underground.
She stated the property is zoned Central Business District Support
(CBDS) and an office building is a Class 1 Use in that
zoning district. Mrs. Davenport stated because the project is the .
Greenway overlay district, it becomes a Class 2 Review and the scale
of the building required submission of an Environmental Checklist.
She indicated the site is within 200 feet of the high water mark of
the Yakima River, and therefore requires the processing of a
Shoreline Permit. After further review of the information contained
in the report, Mrs. Davenport stated it is Council's °responsibility
to approve or disapprove the Shoreline Permit and then direct staff
to forward the Shoreline Permit to the Department of Ecology (DOE)
for a 30 day period of review. She added that if the Shoreline ,
Permit is approved by DOE, there will be an additional 30 day appeal
period during which. time building permits cannot be issued.
Architect Dick Loofburrow, 402 North 4th Street, reviewed the site
location and plan, and the public access and building design. He
referred to an aerial photograph on the wall illustrating the
boundary of the property on which the project is proposed. He
stated of the required 166 parking spaces, thirteen of them have
been designated as public access to the Greenway. He stated they
are also developing a Greenway Service Center on the northeast
corner of the property which will contain a public picnic /rest area.
Mr. Loofborrow stated this area will riot contain restrooms but will
` space for an information center and a concession area in the
future if warranted. He said on the fourth floor of the office -
building there will be a public meeting room which will hold 30 -60
people and will have a view of the river and the hills beyond.
There will be about 8,300 square feet of net useable space, parking
for 192 vehicles and the parking lot is designed to have a security
level of lighting in the parking lot. Mr. Loofborrow distributed a
letter of recommendation from the Yakima Greenway Foundation
endorsing this particular project. He also pointed out that the
project was reviewed by a consulting engineer, Dale LeMaster, P.E.
of Entranco Engineers, Inc., who concurred with the traffic flow
measures provided by the architect. ! •
Mayor Berndt opened the Public Hearing, for comments in favor of the
project at this time.
Bob Hall, 5209 Terrace Heights Drive, owner of the property and co-
owner of the project, spoke in favor of the proposal, stating a lot
of research has gone into this proposal to obtain the most
advantageous use of the property and enhance the Greenway Park at
the same time. He said the proposal before the Council today'is, the
result of'that research and planning.
There being no one else present to speak to the issue, Mayor Berndt
closed the public hearing and asked for Council direction. It was
MOVED BY FOY, SECONDED BY.BUCHANAN, TO APPROVE THE FACTS AND FINDING
OF THE PUBLIC MEETING BE ADDED TO THE APPROVAL__OF THE. SHORELINES
. APPLICATION AND'REFERRED TO THE DEPARTMENT, OF ECOLOGY. The motion
carried by unanimous voice vote.
8. PUBLIC MEETING ON VACATION OF RIGHT-OF-WAY IN VICINITY OF 5 AND 7
NORTH 37TH AVENUE, REQUESTED BY MESSRS. HUCK AND SCHOCK
This being the time of the public meeting on the vacation of the
right-of -way in the vicinity of 5 and 7 North 37th Avenue, requested
by Messrs. Huck and Schack, Associate Planner Joan • Davenport.
`reviewed the information contained in the agenda cover - sheet,
stating Council is to take final action on this item today by
approving or denying the request. Mrs. Davenport stated there was
no opposition to the request when the public meeting was held by
the Hearing Examiner on October 18, 1989, and since this was the
first right -of -way vacation heard by the Hearing Examiner, he spent
a good deal of time discussing his jurisdiction in the facts and
findings. Mrs. Davenport stated it was the opinion °of the Hearing
Examiner and staff that the Hearing Examiner Ordinance should
be amended, specifically designating the authority to the Hearing
Examiner to hold public hearings regarding right -of -way vacations.
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She stated an amendment has been prepared by staff and will be
presented to Council at a, later date regarding this dilemma.
Mayor Berndt opened the public meeting, however, there was no one
present to address the issue and Council direction was requested.
The ordinance having been read by title, it was MOVED BY BUCHANAN,
SECONDED BY BEAUCHAMP,'THAT THE "ORDINANCE BE PASSED: The motion
carried by unanimous roll call vote.
ORDINANCE NO. 3221, AN ORDINANCE vacating a portion of an alley in
the vicinity of North 37th Avenue and Yakima Avenue within the City
of Yakima.
9. PUBLIC MEETING ON SUNNYSLOPE FINAL PLAT
This being the time set for the public meeting on Sunnyslope Final
Plat, Associate Planner Joan Davenport reviewed the information on
the agenda cover sheet. Mrs. Davenport stated this is the first
final plat staff has done since the Urban Area Zoning Ordinance was
adopted. The preliminary plat was approved by Council in July 1988
and staff is requesting Council approve the Final Plat, authorizing
the Mayor to sign the Final Plat for recording purposes and approve
the issuance of the building permits. There were no questions of
staff. Mayor Berndt opened the Public Meeting, however, there was
no one present to address the issue and the Public Meeting was
closed. Council action having been requested, it was MOVED BY FOY.,
SECONDED . BY BUCHANAN, TO :ACCEPT THE 'REPORT:,' :APPROVE: THE FINAL PLAT
AND AUTHORIZE THE MAYOR 10 SIGN._ THE FINAL; °_PLAT FOR RECORDATION. The
motion carried by unanimous voice vote.
10. REVIEW OF YAKIMA CONFERENCE OF GOVERNMENTS 1990 PROPOSED BUDGET
Glenn Rice, Director of Community & Economic Development, was
present to respond to Council's inquiries about the proposed 1990
Conference of Governments Budget. Council member Barnett asked if
the special assessment requested by COG is included in the
Preliminary Budget? Staff indicated that has been included in the
Water Department's Budget. It was MOVED BY FOY, SECONDED BY
BEAUCHAMP., TO ACCEPT THE .REPORT._ AND APPROVE ...THE .:.REQUESTED
.ASSESSMENTS... The motion carried .by unanimous voice vote. Lon
Wyrick distributed additional budget information for Council to
review in connection with the COG budget.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
CONTRACT ,WITH GLEN WARREN FOR PUBLIC DEFENDER SERVICES
RESOLUTION..._NO. .D- 5651,. A RESOLUTION appointing Glen P. Warren as
City of Yakima Public Defender for the calendar years 1990 and
1991.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH
YAKIMA COUNTY FOR PROSECUTION, SERVICES
RESOLUTION D -5652, A RESOLUTION authorizing the City Attorney to
execute an agreement with the Yakima County Prosecutor for
prosecution services for the calendar year 1990.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO
WORKERS' COMPENSATION THIRD PARTY ADMINISTRATOR'S AGREEMENT WITH
SCOTT WETZEL SERVICES
RESOLUTION NO. D -5653, A RESOLUTION authorizing the City Manager and
the City Clerk to execute an amendment to the agreement with Scott
Wetzel Services, Inc. for workers' compensation services.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING THE PURCHASE OF SEWER LINE
GROUTING AND SEALING EQUIPMENT AS A SOLE SOURCE PURCHASE
RESOLUTION NO. D- 5654,, A. RESOLUTION authorizing the purchase of a
grouting and sealing system from CUES, Inc. without calling for
formal bids.
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NOVEMBER 14, 1989 3 2 1
*15. APPROVAL OF RIGHT-OF-WAY. USE PERMIT ,TO, CONSTRUCT TRUCK TURNOUT FOR '
CRYSTAL LINEN AT 930 NORTH 5TH AVENUE
The Right -of -Way Use Permit to construct a turnout for unloading of
trucks along the south side of "I" Street, between North 5th Avenue
.and North 6th Avenue, as requested by Crystal Linen, was approved.
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16. REPORT. FROM DEPARTMENT OF ENGINEERING AND UTILITIES REGARDING THIRD
QUARTER 1989 CAPITAL IMPROVEMENT PROGRAM STATUS
Phil Pleasant, 701 South 7th Avenue, asked who is ,responsible for
the composition of the work force for City projects, and secondly,
who is responsible to see that the black workers are involved in
the spending of these tax dollars? City Engineer Dennis Whitcher
responded that the work force composition report reflects minority
. participation per the City Ordinance of Minority Business
- Enterprises; -and reflects the hiring by the various general prime
contractors. According to City ordinance guidelines and federal
affirmative action guidelines, the City is meeting the established
percentages. Mr. Whitcher ,pointed out that this report only
reflects work through September, adding that the Tieton Drive
Project will be reflected in ,the fourth quarter report and there
has been a number of black workers on that project who were hired by
the prime contractor. He stated the projects in the previous
quarters meet City ordinances and federal guidelines with regard to
minority hires. Mr. Whitcher explained that the number of man hours
for black workers will not be known.until Tieton Drive Sidewalk
• project is completed. Mr. Pleasant stated if black workers are only
involved in the work force for the fourth quarter of the year, what
is the solution to their employment problems for the first three
quarters of the year? He asked if black citizens are supposed to
take a chance on selling drugs or stealing during the first three
quarters of the year (since there is no work for them)? Mr.
Pleasant exited the Council Chambers prior to allowing staff an
opportunity to respond to his inquiry. It was . MOVED BY FOY,
SECONDED BY BUCHANAN, THAT THE REPORT BE ACCEPTED. The motion
carried by unanimous voice vote.
*17. APPROVAL OF BUDGET REPORT FOR OCTOBER 1989
The Budget Report for October 1989 was accepted.
*18. SET DATE OF HEARING ON APPEAL OF DENIAL OF TAXI DRIVER'S LICENSE FOR
NOVEMBER 28, 1989
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November 28, 1989 was set as the date of hearing on the appeal of
the denial of a taxi driver's license for Donald E. Gentle.
*19. SET DATE OF PUBLIC HEARING ON APPEAL OF HEARING EXAMINER'S DECISION
PERTAINING TO, REQUEST BY'HAROLD LARSON FOR:•A BARBER SHOP AT 5606
HAVEN :WAY FOR NOVEMBER 28, 1989.: .
November 28, 1989 was set as the date of public hearing •onl the
appeal of the Hearing Examiner's decision pertaining to the request
by Harold Larson for a barber. shop at,5606 Haven Way.
*20 SET DATE OF PUBLIC MEETING FOR ARLINGTON STREET /SOUTH 50TH AVENUE
. ANNEXATION FOR NOVEMBER 28, 1989
November 28, 1989 was set as the date of public meeting for
Arlington Street /South 50th Avenue Annexation.
*21. OTHER BUSINESS •• •
A. SET DATE OF PUBLIC MEETING FOR VACATION OF RIGHT -OF -WAY IN THE
VICINITY OF 408 SOUTH 38TH AVENUE, FOR NOVEMBER 28, 1989
B. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH TREE TOP, INC. FOR TREATMENT OF FRUIT PROCESSING WASTES
RESOLUTION NO. D -5655, A RESOLUTION authorizing the City Manager and
the City Clerk of the City of Yakima to execute an agreement with
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Tree Top Inc. of Selah, Washington for treatment of fruit processing
wastes.
Council member Foy referred to the future agenda items and requested
that the A Street Vacation, the Sky Bridge and the Excavation
Ordinance be presented at a meeting other than November 28th as
he will not be present then. It was the consensus of the Council
and staff that this request be accommodated. It was also the
consensus of the Council to cancel the meeting of November 21st.
City Manager Zais reminded Council of the Saturday Morning Budget
Review Session scheduled for November 18, 1989.
Council member Barnett stated there is a Joint Board Meeting on or
about December 14th relating to the Urban Area Zoning Ordinance. He
stated Council needs to replace the vacancy created on that Board by
Council member Carmichael's resignation. It was MOVED BY FOY,'
SECONDED BY . BUCHANAN ,' BE._APPOINTED. " TO: FILL
THAT VACANCY : OF. ;.HIS; KNOWLEDGE OF. THESE.`:ISSUES. ; :The motion
carried by 5 -1 voice vote. Barnett. voting nay. .
Council member Foy reported that he was informed by Kathy Coffey of
the Yakima Visitors and Convention Bureau that there will be a
hearing in Olympia on November 21st regarding the use of room taxes
being used for ball parks, museums, etc. Mr. Foy stated he thinks
it would be helpful to have Mr. Rice accompany Mrs. Coffey to the
hearing to testify about the manner in which the City currently
uses its room tax.
Information Items:
Items of information supplied to Council were: Memo from Transit
Manager regarding Modification of Relocated Transit Staging Area on
Yakima Avenue. 11/7/89; Memo from Planning Manager regarding
Regional Mall Proposal (16th Avenue & River Road) 11/2/89; Letter
from James C. Carmody, Velikanje, Moore & Shore, Inc., regarding
Jeffrey Tamkin development': on No. 40th Avenue /Powerhouse ,_Road.
10/31/89; Letter to Mr. Jewell Morehead (11/6/89) responding to
Mr. Morehead's 11/5/89 letter regarding Tieton Drive Sidewalk
Project; Memo from Block Grant Manager and Associate Planner
regarding Post - Travel Report (Bend, Oregon). 11/2/89; Memo from
City Attorney regarding Damage Claims Referred to Insurance Company.
11/3/89; Minutes of the October 6, 1989 Civil Service Commission;
Yakima Valley Conference of Governments Newsletter; Volume 14, No.
11, November 1989; and Monthly Personnel Reports on current
vacancies and hiring status as of November 9, 1989.
22. EXECUTIVE SESSION REGARDING PENDING LITIGATION AND ACQUISITION OF
PROPERTY
It was MOVED BY, BUCHANAN,.: SECONDED BY :BEAUCHAMP, TO .ADJOURN TO .
EXECUTIVE .SESSION REGARDING PENDING LITIGATION .AND'ACQUISITION OF
. PROPERTY,. AND.'10 CONVENE IN':THE'COUNCIL CHAMBERS TO .CONTINUE BUDGET
DISCUSSIONS.. The motion carried by. unanimous voice vote.
BUDGET REVIEW
Following the completion of the Executive Session at 3:15 P.M., the
Council convened to continue the budget review from this morning on
the Department of Community and Economic Development. Council
member Lynn Buchanan absent. Glenn Rice, Department Director, was
available to respond to Council's questions.
Council member Sims requested staff to bring back an alternative
plan, showing the budget impact of lesser revenue, if the Realtors
Association's proposal for building fee increases, without the Class
1 review, is adopted.
Yakima Center
Kathy Coffey, General Manager, was present to respond to Council's
questions. Council member Foy expressed his support of the. policy
issue on page 194, Increase Existing Promotional Fees Paid to Yakima
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Valley Visitors and Convention Bureau.,r.Mrs. Coffey explained how
promotions and tourists affect the convention center and the City.
Council members also discussed the policy issue on page 195,
Increase Existing Management Fees by $12,000, and the policy issue
on page 196, Approve a Two Phase Study Regarding Expansion of
Center. Council member Foy expressed concern about initiating this
study when other capital projects need to be addressed, i.e.
repairing the parking lot. Council member Barnett also expressed
concern about expending funds for this study, because the impact of
the SunDome is unknown, there remains a $520,000 debt on the Center,
and the room tax is scheduled to be eliminated in 1996. Mayor
Berndt asked staff to explore the possibility that the Towne Plaza
would share the cost for the exterior lighting between the Center
and their facility (page 197). Mr. Rice stated staff would contact
the Towne Plaza about this request. Staff distributed additional
material on the Capital Improvement Plan, indicating in what year
the capital.improvement projects would occur, through 1992.
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Cable TV
Wendy Warren, Cable Cammunications Coordinator, was present to
respond to Council's questions. Mrs. Warren reported a change in
the year -end projected revenue, an increase of about $21,000 to
approximately $217,000 to $218,000. She stated the bulk of this
increase is due to receipt of late franchise payments. Council
member Foy requested staff to investigate the procedure to merge our
cable operations, the Learning Center and KYVE, under the City's
management. He suggested perhaps the managers -from the Learning
Center and KYVE could attend a study session and share information .
with Council. Mrs. Warren-reported a'bill has been introduced this
week that would give rate regulation back to the local entities.
23. ADJOURNMENT TO SATURDAY, NOVEMBER 18, 1989 AT 9 :00 A.M. AT YAKIMA
CITY HALL FOR BUDGET REVIEW SESSION
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The meeting was adjourned at 4:25 P.M., to then meet on November 18,
1989 at 9:00 A.M. in the Council Chambers at Yakima City Hall for a
budget review session. •
READ AND CERTIFIED ACCURATE BY 10,,/, A AO / �, , % ;
OUNCIL M:.4BE• MATE
Aiii _ -� 0,,Z7 9�
ATTEST: COUN IL MEMBER DATE
CITY CLERK • MAYOR
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Minutes prepared by Deputy City Clerk Barbara J. Toney, • •
Budget Review by City Clerk Karen S. Roberts, CMC.
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