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HomeMy WebLinkAbout03/22/1983 Business Meeting MARCH 22, 1983 2 0 BUSINESS MEETING 1. ROLL CALL At 2:00 p.m., the Council members commenced the regular meet- , ing, Assistant Mayor Lynn Budhanan. presiding, Council members Clarence Barnett, Henry Beauchamp, Shirley. Doty, W. K. "Pete" Mbore and Jack Sparling and City Manager Zais and City Attor- ney Andrews present on roll call. Mayor Lynn Carmichael absent and excused. 2. INVOCATION • The Invocation was given by Council member Moore. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER II/ None 4. CONSENT AGENDA Assistant Mayor Budhanan referred to the Its placed on the Consent Agenda, questioning Whether there were any :additions or deletions from either Council members or citizens present. . The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Beau- dhamp, seconded by Doty that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Carmichael absent: (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. MINUTES The Council minutes of February 8, 1983, were approved, having been duly certified accurate by two Council members and no one • present wishing to have said minutes read publicly. 6. PRESENTATION OF RECOMMENDATIONS FROM COMMUNITY DEVELOPMENT ADVISORY COMMITTEE REGARDING BLOCK GRANTS Larry Wright, Assistant Director of Community and Economic Development, introduced Mary Burki, ViceChairperson of the Citizens Advisory Committee. She reviewed the Committee's reccmuendations as outlined in the CDBG Advisory Committee report. Addressing the proposed changes in the irrigation projects, Council member Doty expressed her concern of the deletion of $65,000 from the Housing Rehabilitation Program. She questioned if $35,000 fran the Housing Rehabilitation Program, plus the $65,000 from the irrigation project would be sufficient funding for the irrigation side service program. Larry Wright explained that $65,000 fran the irrigation project is being deleted to make up for a shortfall in the City's entitlement amount fran HUD. He further explained that due to the HUD entitlement reduction, it was necessary to revise the Housing Services Program in order to meet HUD guidelines on administrative costs. Following further discussion, it was MOVED by Barnett,, seconded by Moore to continue discussion on this item at the next regularly scheduled study session meeting. It was MOVED by Doty to amend the motion that Council continue this discussion at a special meeting next Tuesday. Motion died for lack of a second. The question was called for a vote on the motion. Carried by 4-2 voice vote. Buchanan and Doty voting nay. Carmichael absent. MARCH 22, 1983 421 6B. PROCLAMATION Assistant Mayor Buchanan proclaimed March 23, 1983, as Community Colleges Day in the City of Yakima, Washington and presented the proclamation to Terry Brown, President of Yakima Valley Community College. 7. REPORT REGARDING HUMANE SOCIETY REQUEST FOR PROPERTY Assistant City Manager Larry Wittenberg was present to des- cribe a proposed area for the future site for the Humane Society. He referred to a map Which outlined a proposed 2.5 acres adjacent to the Tahama Cemetery and informed Council the unused City property is currently under an agricultural lease. 11/ Council member Moore expressed his concerns regarding the time element involved, indicating he would like to see Council and staff proceed aggressively with this item. Addressing the legal aspects pertaining to the proposed site, Council member Barnett stated he would like to see staff pursue the creation of an agency relationship by which the Humane Society performs a governmental function on behalf of the City (animal control and impoundment). City Attorney Andrews questioned Council as to what extent the City is going to interject into the operation of this agreement with the Humane Society and informed Council that the Humane Society would have to agree with the final agreement. City Manager Zais commented on the agency relationship informing Council that the City approached the Humane Society in the past with the agency relationship concept, but the Humane Society rejected the concept at that time. Council member Doty suggested that the Humane Society Property Site subcommittee should meet with the Humane Society to determine if there is an interest in one of the alternatives outlined in staff's report. Council member Mbore, Chairman of the subcommittee, indicated he had met with Doug Vawter, Director of the Humane Society, this morning, and Mr. Vawter is very interested in the site located next to the Tahama Cemetery. It was MOVED by Moore, seconded by Beauchamp to authorize the City staff to meet with the Humane Society and endeavor to work out a program of accomplishing the goal of providing the shelter with the proper land on which to provide a shelter. Ines Rice, 4409 W. Arlington, was present to speak in opposition of the proposed site near the Tahoma Cemetery and suggested the City investigate using an undeveloped park as an alternative. Council member Moore clarified that the City's undeveloped parks are dedicated land by state contract and cannot be used for this kind of purpose. The question was called for a vote on the motion. Unanimously carried by voice vote. Carmichael absent. 8. REPORT FROM ENGINEERING & UTILITIES REGARDING WASTEWATER TREATMENT PLANT SHIFT SCHEDULP AND STAFFING LEVELS It was MOVED by Moore, seconded by Beaudhamp to move Item No. 8 down to become Item No. 20B on the Agenda. Unanimously carried by voice vote. Carmichael absent. 9. HEARING ON REZONE OF PROPERTY LOCATED AT 406 SO. 15TH AVENUE, FROM R-2 TO PLANNED DEVELOPMENT This being the time fixed for the hearing on the request for a rezone of property located at 406 S. 15th Avenue, from R-2 to Planned Development, as requested by George Camden, Assistant Mayor Buchanan requested if there was anyone present wishing to speak in favor of the rezone. George Camden informed 422 MARCH 22, 1983 Council he and his wife, Mary, are the applicants for this rezone request and are available to respond to questions Council may have. Council member Beauchamp questioned if the Montessori Preschool would be a five-day operation. Mr. Camden responded in the affirmative. Assistant Mayor Buchanan questioned if there was anyone present to speak in opposition to the rezone. Rosemary Rief, 403 S. 16th Avenue, informed Council she had attended a previous Planning Commission meet- ing regarding this rezone, at which time she presented the Commission with a list of concerns signed by eighteen neigh- bors. She explained the greatest concern involved was for the welfare of a senior citizen, Mrs. Elva Asbury, 404 So. 15th Avenue, who lives next door to the proposed rezone property. She informed Council of her concerns that Mrs. Asbury would be adversely affected by the added traffic, noise level created by the dhildren,attending the school and the obstruction of her view from her living room and kitchen window. Rosemary Rief indicated Mr. Camden offered to provide shrubs and/or a fence to accommodate Mrs. Asbury's concerns, however, Mrs. Asbury felt added shrubs or a fence would block her view. Council member Beauchamp reguested clarification of Mrs. Asbury's view Which would be Obstructed if the rezone was approved. Council member Doty expressed her concern that the area in consideration is too compact and feels shrubs and/or fence would not be an effective noise deterrent. Assistant Mayor Buchanan questioned if there were any citizens wishing to speak in support of the rezone request. George Camden addressed a number of issues raised at the Planning Commission meeting. He informed Council he had tried to meet with Mrs. Asbury to assure her the noise level would not be extreme or for extended periods of time; there would be a 15 minute play period in the morning and once again in the afternoon. He indicated his willingness to add additional shrubs to buffer the area between her house and the residence of the school, however, Mrs. Asbury did not want to discuss the matter. He addressed the issue of possible traffic congestion and in- formed Council. that as the traffic was light from 8:00-9:00 a.m., he did not feel traffic would be_a problem. Mr. Camden informed Council of his lengthy search for a proper location for the school and expressed his belief that a home environment is more appropriate for a Montessori School. Speaking_ in opposition, Rosemary Rief addressed the possibility of prcpery devaluation if the school was allowed to operate in a residential area. Council member Moore questioned why the Planning Commission approved the rezone request as the rezone does not meet the standards set for the lot area and building size. Larry Wright responded, clarifying staff's criteria for their decision. There being no other citizen wishing to speak to this issue, the public hearing portion was closed. It was MOVED by Beaudhamp to accept the Planning Commission's report. The motion died for lack of a second. It was MOVED by Doty, seconded by Moore that Council does not concur with the Planning Commission and deny the rezone. The question was called for a vote on the motion. Beaudhamp voting nay, his reasons being that the II/ concept of a school existing in a residential area is not uncommon and also because the amount of outside play time is very minimal; Budhanan voting yes, stating the size of the area is too small for a school of that type; Doty voting yes, stating she is concerned about the rights of the individuals; Moore voting yes, stating the rezone did not meet the minimum standards and also expressed his concerns regarding potential parking problems; Sperling voting yes, stating another place could be found that is more appropriate and he was swayed by L 23 MARCH 22, 1983 the neighbor's concerns; Barnett voting yes, stating the area is too small for the number of Children attending the school and feels the traffic and parking problems are not adequately mitigated. Motion carried by 5-1 roll call vote. Beauchamp voting nay. Carmichael absent. 10. HEAPING ON REZONE OF PROPERTY LOCATED AT SOUTH 40TH AVENUE AND TIETON DRIVE FROM R-2 AND B-2 TO PLANNED DEVELOPMENT This being the time fixed for the hearing on the request for a rezone of property located at 40th Avenue and Tieton Drive, from R-2 and B-2 to Planned Development, as requested by Albertson's Inc., Assistant Mayor Buchanan questioned if there II/ was anyone present wishing to speak in favor of the rezone re- quest. Donald Bond, attorney, representing the proponents, Albertson's, Inc., began discussion. He referred to the existing Albertson's store located at 40th Avenue and Tieton Drive as a good example of a development working in harmony within the area. He introduced Proponents Exhibit No. P-01, Photographic EXhibits, to Council. (Council member Barnett Absent after 4:00 p.m.) Mr. Bond addressed the parking re- quirements pertaining to the rezone request. (Council member Barnett present after 4:10 p.m.) Mr. Bond informed Council that the proponents did not anticipate the need of an Environ- mental Impact Statement, and, therefore, it was not prepared until three months later, 12-7-82. He indicated the Planning Commission held a hearing on this project and unanimously recommended approval on the condition mitigating factors are accommodated as outlined in the staff report of March 16, 1983. He informed Council that Albertson's Obtained a document from the neighbors which suggested several its they would like completed. Albertson's scheduled two meetings and heard the Objections of the neighbors, fran which many changes were made, addressing many of the objections. (Council meMber Doty absent after 4:13 p.m.) Mt. Bond referred to architectural drawings, submitting Exhibit No. P-02, a drawing of the concept of the proposed store, Exhibit No. P-03, Plot Site Plan, and Exhibit No. P-04, Site Development Grading Plan. (Council member Doty present after 4:15 p.m.) Mr. Bond expanded on the mitigating factors as outlined in the March 16, 1983, staff report, informing Council of Albertson's compliance with each of the mitigating factors. He submitted Exhibit No. P-05, a drawing of the store's sign, which complied with staff's requirement that the sign not impede traffic vision. Mr. Bond addressed the outside lighting fixtures of the proposed development, informing Council that the fixtures will cast the lighting downward to reduce glare. He also addressed the grading aspect of the lot which allowed for the loading area behind the store to be eight feet below Walnut Avenue, and therefore, reducing the neighbors' view of the loading area. He informed Council that all roof top II/ medhanical fixtures of the building will be recessed and painted with earthtone colors to provide an aesthetic appearance. Council member Barnett requested clarification of potential traffic and parking prOblems. Mr. Bond responded to Council's questions. Don Duncombe, Real Estate Manager for the Northwest, Albertson's, Inc., was present to address the need for Albertson's Inc., to remain competitive in Yakima and expanded on the research involved with determining the most appropriate site for the new store. He stressed the cooperation Albertson's demonstrated in an attempt to meet almost every concern expressed by the neighbors. Don Bond submitted Exhibit No. P-06, a drawing displaying Changes made following the Planning Commission hearing, Exhibit No. P-0 7, a 4:2 4 MARCH 22, 1983 drawing displaying the development and landscape plan, and Exhibit No. P-08, a drawing presenting the grading plan and the loading dock area. Those speaking in opposition of the rezone to Planned Development vere:. Marilyn McGee, 3707 W. Walnut, who expressed her desire 'to see apartments built in the proposed area versus a new Albertson's store. She expressed her concerns that the two vacant lots to the east of the proposed development would eventually be developed as a mini-mall due to possible expansion by Albertson's. Glen LeMaster, 206 S. 39th Avenue, submitted Opponents Exhibit No. 0-01,, a petition comprising of 18 signatures of property owners apposed to the Albertson's rezone request. He also submittal Opponents, Exhibit No. 0-02, a letter from Margaret C. Brown, expressing her opposition to the rezone. Referring to the Planning Canmission minutes of Mardi 1, 1983, Wherein the minutes state Mr. Bunch was 60 of the neighbors, ,Council member Barnett questioned Mr. LeMaster if Mr. Don Bunch's view is not that of. the neighbors. Mr. II/ LeMaster indicated Mr. Bung was not speaking for all of the neighbors. Don Bunch, 211 S. 4Gth Avenue, stated he did not represent 60 of the neighbors at the hearing, rather just himself. He expressed his concerns of Albertson's possible future development plans regarding the two vacant lots to the east. He stated-he was pleased with Albertson's efforts to net with the neighbors and address their concerns, such as the loading dock area; a request for a "park-like atmosphere" and the construction of a sidewalk on Walnut Street. He indicated that Mr. LeMaster is representing a small group, or a :minority, of the neighborhood. (Council member Sparling absent after 5:00 P.M.) Don Wnite, 3907 W. Walnut, was present to express his concerns with the location of the loading dock area. He indicated he had requested Albertson's to cOnstruct store so that the loading dock area would face the two vacant lots to the Past, thus eliminating the possibility of noise,-0 fumes, and danger to children going to school along Walnut Street. He also addressed the possibility of his property value decreasing if the rezone is approved and expresselihis concerns of the negative effects involved with the nine-month construction period of the store. (Council member Doty absent after 5:07 p.m.) Joe W. Hooker, 404 So. 38th Avenue, expressed his desire to see Albertson's become responsible to the neighbor's needs. He questioned how high the back of the building will be from the present level, including the air conditioning units on the roof. He addressed his concerns regarding the possible glare from the parking lot lights. He referred to the 'Froposed_fence Albertson's would construct, requesting Albertson's, or the truck drivers delivering products to the store, be responsible for the repair and maintenance of the fence. Mr. Hooker suggested that Albertson's plant Arborvitae evergreen trees for screening on the east side of the lot. Marilyn McGee requested clarification of the accessibility of the two vacant lots to the east. Larry Wright expanded on the Planned Development zoning requirenents. Don Write commented regarding the loading zone for the store, requesting Albertson's to construct the store so that the loading dock II/ would face the vacant lots to the east. Don Duncombe, proponent, informed the concerned neighbors that Albertson's does not desire, or plan, to expand into the vacant lots. He also addressed the other concerns expressed by the neighbors pertaining to the height of the building, parking lights, fence repair and wind/sound screening precautions. Council member BeaUchamp questioned if it was possible to locate the store on the property so that the loading area would face east, as requested by the neighbors. Mr. Duncombe responded, MARCH 22, 19 83 1 + 2 5 informing Council that this was not a viable alternative as appropriate parking space, traffic and loading would not be available. Don Bond informed Council that the traffic conditions were studied by the City Traffic Engineers and no objections were made by the City staff. Mr. Bond addressed the possibility of property devaluation and submitted Exhibit No. P -09, a study completed by Ben W. Lombard, Real Estate Appraiser, which addressed the before and after appraisal of neighborhood property values in the area of the proposed rezone. There being no other citizens wishing to speak to this issue, the public portion of the hearing was closed. Council member More expressed his concerns of the minimal number of Council members present at this time and suggested deferring this item to a later date. It was the general consensus of the Council to take formal action on this item at this time. Council member Barnett requested clarification of staff's recommendation pertaining to mitigating factors. City Attorney Andrews responded to Council's questions. It was MOVED by Beauchamp, seconded by Moore to accept the Planning Commission's recommendations. City Attorney Andrews reminded Council of the need to state their reasoning for their vote. The question was called for a vote on the motion. Buchanan voting yes, based on the staff report; Moore voting yes, expressing his sympathy for the neighbors, but felt the store will not downgrade the area; Barnett voting yes, based on the staff report and expressed his opinion that Albertson's had made a great effort to resolve complaints from the neighbors, and Beauchamp voting yes, the reason being the same as those expressed by the other Council members and the information provided in the staff report. Unanimously carried by roll call vote. Doty, Carmichael and Sparling absent. 11. AUDIENCE PARTICIPATION (Sparling present after 5 :40 p.m.) None 12. REPORT ON GLEED WATER SERVICE City Manager Zais informed Council that this report is for Council's information and no formal action is required on this item at this time. Council member Moore expressed his desire to net with the citizens of the Gleed area regarding this item. It was MOVED by Moore, seconded by Beauchamp to schedule a meeting with the Gleed residents to discuss this problem. City Attorney Andrews informed the Council that the meeting should involve the entire Council and stated that the Gleed customers have not seen the information in today's staff report. The question was called for the vote on the motion. Unanimously carried by voice vote. Carmichael and Doty absent. It was MOVED by Moore, seconded by Sparling to schedule an Executive Session meeting to discuss this item at a determined time and to provide the new information in the staff report presented today to the citizens of the Gleed area. Carried by 4 -1 voice vote. Barnett abstaining, expressing his uncertainty if an Executive Session is nec- essary. Carmidnael and Doty absent. *13. PRESENTATION OF FEBRUARY, 1983 BUDGET REPORT The February 1983 General Government Budget Status Report from the City Manager dated Mardi 22, 1983, regarding the investments of the City of Yakima, was accepted and approved. 2E MARCH 22, 1983 *14. TREASURY REPORT FOR THE MONTH OF FEBRUARY, 1983 The Treasury Report from the Acting Director of Finance and Budget data Mardi 22, 1983, regarding'the investments of the City of Yakima, was accepted and apprOved. *15. RESOLUTION AUTHORIZING EXECUTION OF A RENTAL AGREEMENT FOR THE RESIDENCE AT KIWANIS PARK RESOLUTION NO. D-4789, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a lease agreement with Doug Mcueary and Frank Hernandez. *16. DISPOSITION CF DAMAGE CLAIM RESOLUTION NO. D A RESOLUTION authorizing the payment of $215 to the United States Postal Service in settlement of a claim for damages filed with the City of Yakima. *17. APPROVAL OF OUT-OF-STATE TRAVEL FOR THE FIRE DEPARTMENT The out-of-state travel for Captain Tam Fieldstead and Captain . Mike Nugent to attend the National Fire Academy in Emmitsburg, Maryland, April 11-22, 1983, at a total cost of $264, was approved. ' 18. ORDINANCE CONFIRMING THE 1983 'IRRIGATION MAINTENANCE ASSESSMENT ROLL Rita Gennunson, Office Engineer, began discussion, informing Council that on March 15, staff presented a report, at Mich time Council requested additional data using the concepts as proposed by Council. Those concepts %%ere: Proposal No. 1: Reduce the proposed 1983 assessment rate in the irrigation districts that met 1983 expenditures and have a required (4) month's operating capital as of October 31, 1982, or as indicated on the chart with a zero amount needed. Proposal No. 2: Reduce the proposed 1983 assessment rate in the irrigation districts that exceed the rate necessary to rreet 1983 expenditures including a (4) four months operating capital pro-rated over a two -year Council member Barnett expressed his concerns regarding the Utility Rate Advisory Board's reccrnrrendation of a four month's operating capital reserve. He indicated the policy of a reserve fund has not been resolved by Council. Council member Mbore ques- tioned the City's authority to build up a four month capital reserve, indicating in the past, the City was authorized to charge citizens for maintenance costs of the system only and not build up reserves. City Attorney Andrews indicated staff could bring back an .amendment to the Ordinance that would authorize the assessment to include maintenance costs and allow for a four month operating reserve. Following further discussion, it was MOVED by Barnett, seconded by Beaudnamp, to adopt the applicable ordinance confirming the 1983 Irrigation Maintenance Roll with the following modifications: District No. 279 from .0044 to 0035; District No. 308 from .0050 to .0046; District No. 378 from .0061 to .0049; and District No. 837 fran .0079 to .0069. City Attorney Andrews informed Council that it is not necessary that the arrendrrent be put in the Ordinance, rather the _Ordinance would adopt the assessment roll as wended. The Chair rule muLion to be out of order. 427 MARCH 22, 1983 Ordinance No. 2683, having been read by title, it was MOVED by Beauchamp, seconded by Barnett that the Ordinance be passed. It was MOVED by Barnett, seconded by Moore that the appropriate arrendrrent, as previously discussed, be included. The question was called for a vote on the amendment to the notion. Unanimously carried by voice vote. Carmichael and Doty absent. The question was called for a vote on the motion as amended. Unanimously carried by roll call vote. Car- michael and Doty absent. *19. ORDINANCE AMENDING THE 1983 BUDGET AND APPROPRIATING FUNDS - STREET LIGHTS, STREET BUDGET AND VOLCANO LOAN INTEREST (Second Reading) An Ordinance amending the 1983 Budget and appropriating funds, street lights, street budget and volcano loan interest having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 2684, AN ORDINANCE amending the 1983 Budget of the City of Yakima; appropriating various amounts fran un- appropriated fund balances within various funds for expend- iture during 1983. 20. OTHER BUSINESS B. Item No. 8 It was MOVED by Moore, seconded by Beaudhamp to accept staff's report as presented and request staff to proceed with the plan as outlined in the report. Unanimously carried by voice vote. Carmichael and Doty absent. Council member Barnett addressed a resolution Which was re- ceived fran the Board of County Canrnissioners regarding the reappointment of Guy W. Shinn, Jr., to the Regional Library Board of Trustees. It was MOVED by Barnett, seconded by Sparling to confirm the reappointment of Mr. Guy W. Shinn, Jr. to the Yakima Valley Regional Library Board of Trustrees. Unanimously carried by voice vote. Doty and Carmichael ab- sent. A. Executive Session It was MOVED by Beaudhamp, seconded by Moore to move into Executive Session for the purpose of discussing prospective litigation and collective bargaining, and then immediately adjourn the meeting. Unanimously carried by voice vote. Carmichael and Doty absent. 21. ADJOURNMENT Following the ccmpletion of the Executive Session, the meeting was adjourned at the ho of 6:40 READ AND CERTIFIED ACCURATE BY - J. 1//t/fa DATE / °DUNN 9- ia' R ' ,/ KIAI . I A DATE a Nail, Tire". ATTEST: 11 d Lefee-s-44.. 1-fai CITY CLERK MAYOR 1428 MARCH 29, 1983 In accordance with the new Council meeting format, no Council meeting was held on the fifth Tuesday of the month. 1