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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 AD /1 319 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. AD/2 320 NOVEMBER 14, 1989 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. AD /3 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. • 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 • 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 AD /4 • 3 2 2 NOVEMBER 14, 1989 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 AD /5 NOVEMBER' . 1.4, 1989 323 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. • 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 • n r 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 • Minutes prepared by Deputy City Clerk Barbara J. Toney, • • Budget Review by City Clerk Karen S. Roberts, CMC. • AD /6