Loading...
HomeMy WebLinkAbout07/17/1990 Business Meeting f 7 5,5 • ,JULY 17, 1990 CITY OF YAKIMA, WASHINGTON .. 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 Henry Beauchamp, Lynn Buchanan, George Pechtel, Skip Semon and Bernard Sims present on roll call. _Council .member Clarence Barnett absent and excused., City Manager Zais, City Attorney Vanek, City Clerk,•Roberts.and Deputy "City Clerk Lovell also present. . . _ 2. INVOCATION /PLEDGE OF ALLEGIANCE -. The. Pledge of Allegiance was led by City.Manager Zais. . 3. OPEN DISCUSSION.FOR.THE GOOD OF THE ORDER • , Council member Semon announced that a meeting -has been scheduled on .Thursday;. July 19 with Senator. .Phil, Talmadge to.discuss Law and :Jiustice issues and • funding. The_ meeting .will - be attended by Council members Semon, Sims and Pechtel and City Manager Zais. . - Mayor Berndt advised the Council that the Association, of Washington • Cities has formed a new subcommittee called "The Urban Agenda" to • deal with issues of importance to cities. across the .State. Mayor Berndt has been asked to serve on the subcommittee, and she will keep the Council informed of their. activities. 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.... Council. member Sims . requested that• - Item -.No.. 10 be-added to the. Consent Agenda, however, there was a citizen :objection to the request, The City Clerk then read the Consent Agenda items, including.resolutions and, ordinances by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT. AGENDA, AS READ, BE PASSED. The motion carried by unanimous roll call vote. Barnett absent. ,(Subsequent paragraphs. preceded by an asterisk ( *) indicate items on the Consent Agenda handled. -under one:motion, without further discussion.) 5. _ . • • AUDIENCE •. . ._ Betty... Carlson,.. President of the Yakima. Republican Women's -- Association,-requested: that a.iown Hall meeting by the - City . Council for :the purpose_of.citizen_ input by residents who are unable..to.attend.regularly scheduled. Council meetings. The Club has. three specific,areas of concern,: (1) that no amount of money .seems to be enough for the_War_on.Drugs; (2) confusion over the use of City,budget for implementation of, downtown development and ..preservation; and.. (3) their feeling that a_ review. is_ needed of the AAD /1 - • 7/17/90 -2- restrictive parking ordinance- dated 12 /13/83 which limits downtown parking to two hours'of free,use in the commercial district. Richard Andring, 203 South 8th Avenue, spoke to the Council regarding a memorandum which he found objectionable, recently sent to the Council by the Planning Department. He stated the • third paragraph was completely false, and he felt that he was being used. Planning Manager Skone advised the Council that all applications have been withdrawn for this project, and the URS Club will not locate on the property. Susan Andring, 1202 Pleasant, questioned the Council's decision to hire a public relations firm when low income citizens cannot any more tax increases on necessary services. She felt the money would be better spent on the War on Drugs, and then the local citizens could carry a positive message as public relations representatives for the City. Mrs. Andring also felt the City should not cut youth programs to provide funding for the 'Capitol Theatre. She feels the Allied ArtsVan provides a positive program for youth which keeps them off the streets and away from drugs. Helen Williams, • 4303 West " Chestnut, agreed with Mrs. Andring's comments and suggested that volunteer neighborhood information representatives be used rather than hiring a publicrelations firm. Mayor' Berndt observed that the Visioning process will give everyone in the community an opportunity to become involved. City • Manager Zais suggested that interested parties contact the Drug Coalition if they would like to be involved with anti -drug activities and efforts. 8. PUBLIC MEETING TO CONSIDER APPEAL OF HEARING EXAMINER DECISION RELATED TO DEVELOPMENT PROPOSAL AT 2401 W. NOB HILL Attorney.Robert Inouye requested postponement of this item due to the illness.of Craig Smith, the applicant's attorney. Mr. Inouye requested continuance of both the appeal of the Hearing Examiner's May 18th decision, and the May 25th petition to revoke the permit. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO CONTINUE THE PUBLIC MEETING 7O AUGUST 7, 1990. The motion carried by unanimous voice vote. Barnett absent.' • 6. PUBLIC HEARING REGARDING VACATION OF-PUBLIC UTILITY EASEMENT IN TANCARA DEVELOPMENT - This being the date set for public hearing, Director of Engineering and Utilities Dennis Covell'stated that RCW 58.17.212 requires a public hearing for consideration of vacation of a public utility easement. He stated that the easement is not used, nor deemed to be necessary, by the City.. None of the public'or private utilities have indicated a need for the utility easement. Staff has made a recommendation for vacation of the utility easement.' Mayor Berndt opened the public hearing and asked if there was anyone present to speak in favor of the vacation. Dennis Kelly, 530 Hennessey Road, stated the utility easement is not being used and he has letters • from all. utilities stating they have no need for the easement at this time or in the future. Mayor Berndt asked if there was anyone present to speak in opposition to the vacation. There being no AAD /2 7/17/90 -3- 5 7 further comment, the Mayor closed the public hearing. Resolution No. D -5777, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY PECHTEL, THAT THE.RESOLUTION BE PASSED. The motion . carried by unanimous roll call vote. Barnett absent.. • RESOLUTION NO. 5777, A RESOLUTION vacating a _public utility • easement upon petition of James R. Baldwin.; 7. PUBLIC MEETING REGARDING APPEAL OF CLASS III DECISION BY HEARING EXAMINER FOR DEVELOPMENT IN VICINITY OF 2309 W. NOB HILL This being the date set for public meeting, Supervising Associate Planner Joan '.Davenport explained that this is an appeal of a final decision made by the Hearing Examiner at a public hearing on April 18, 1990. The development was a Class II action in the B -2 zoning district, but was referred - for public hearing due to the technical issues as welLas known neighborhood concerns. The final Hearing Examiner decision issued on May 8th included 11 specific .conditions of. approval, incorporating the,. staff .report and recommendations. Ms. Davenport stated that the site plan was revised., five times during review process, a large number of public comments were made, and a mitigated DNS issued by the City • included a number of mitigation measures. Ms. Davenport stated that this is a very .complicated file which took a long time to process. The challenge to staff and the Hearing Examiner was to be responsive to all the interests. The appeal that was filed raised 26 specific issues, and staff identified at least 17 that were addressed in the final decision. Staff recommendation is for the Council to uphold. the Hearing Examiner's decision. - • Mayor Berndt opened the public meeting and asked if there was • anyone present to speak in favor of the appeal. Linda Garcia, 1014 South 24th Avenue,.stated that the-appeal- was filed because the . North. Nob Hill Neighborhood Coalition felt that the Hearing Examiner did not consider the specific items they feel need to be , addressed. She asked the Council to address these areas and to • make a decision to mitigate these_concerns since they were ignored in •the.Hearing Examiner's decision. She felt the'Hearing Examiner • .adequately addressed only five of their.26 concerns. Laura Blank, 1018 South 24th.Avenue, wants to be sure that commercial business in the area is compatible with the 'residential neighborhood. She feels the. City should listen.to_the people who live in the area and have •. deal with the. lighting,' signs, dumpsters and • inconenient hours of operation. She,was also concerned with the • ,problems the neighbor's will experience. during construction such as dust, -noise and.power. outages. Rosemary Small;. 1006 South 25th Avenue, felt that(she knows the needs of the neighborhood better than the Planning Department, the developer or,the City Council. She is concerned,that.the quality,of life in the neig hborhood will suffer if the Coalition's concerns are not mitigated. She stated that extensive written comment had been submitted on the SEPA • checklist for this project, but she.was told the.staff report was prepared two days prior to _the end of the SEPA comment period when most .of the Coalition's written 'comments had yet to be . delivered to City. Hall. .Mrs. Small stated that the Hearing Examiner's decision resolved only two of. the 26 concerns. The ,Coalition has offered _ a'.solution for each problem they have AAD /3 5E3'. 7/17/90 -4- identified, and they feel that uncontrolled growth will add to the public, relations problems of Yakima. Mrs. Small stated that she is not development of the area if th e Coalition's concerns are addressed. Council member Pechtel observed that the proposed project meets the B -2 „_zoning requirements of the area. Council member Buchanan observed'' that a larger Sign is being allowed on the site, when only a few weeks ago the Council denied a sign request in an industrial zone. Council member Sims asked if all of these concerns were expressed to the Hearing Examiner, and Mrs. Small stated that every item has been brought up before. Council member Buchanan was concerned that problems experienced on 24th Avenue would spread. to 23rd Avenue. Edward Meyer, 1014 South'23rd Avenue, lives next door to the project and was worried that the proposed project would leave a dumpster feet from his dining room window and would cause flooding problems on his property. Council. member.Pechtel asked if it is possible for the Council to question the,Hearing Examiner. City Attorney Vanek.stated that if the. Council asked, questions of the Hearing Examiner hat covered matters not, previously discussed, it would create a public hearing, and violate the integrity of the process. Hearing Examiner Phil Lamb addressed the Council for the first time. He stated that "he would refuse.'to speak to the 'Council if they requested him to do so, because he has said everything in his decision., If the Council disagrees with him; they can send the matter back to,him or_ their own ^dec Mr. Lamb will listen to the proceedings to,_get a sense of the issues that are important to. Council,, but he will not speak. Philip Small, 1006 South . 25th Avenue, brought material to distribute regarding fencing at the site. He was advised by City Attorney Vanek that new material could not be presented at this meeting, however, he could give_ information to the Council for future reference. Mr. Small withdrew all comments on barricade fencing and safety of children. Mr. Small stated that his group spoke, with. the realtor who handled this parcel of property, and advised her that his group would _,appeal any administrative adjustments that might be granted. Mr. Small would like to see Nob Hill Boulevard built,up to the standards of the Urban ,Area Zoning Ordinance, and developed as a zone for sub - standard building. Jason Johnson, 1003 South 23rd Avenue, stated that he is in favor of . _development_ . of ,this project, but his main concern is increased traffic_on 23rd Avenue. He would._ prefer a cul -de -sac or. angle, barrier so that traffic would have to go back onto Nob Hill. .Council member Beauchamp felt that steps need to'be taken to keep traffic ' from , invading small streets and adjacent .neighborhoods. Larry Matthews, 805 South 17th Avenue, was concerned with air quality and felt that continued development will • contribute to the pollution in the area. Mayor Berndt opened the public meeting to anyone wishing to speak . in. opposition,to' the,appeal. Myron Abrams, 7007 West Lincoln, the property developer, stated that he understands the concerns on both sides: He stated' that the residential area adjacent to the project is an R -2 zone, which is intended as a buffer zone between commercial and single family residential development. AAD /4 • 7/17/90 - -5- 5 • Mr. Abrams recently optioned the property, and it is his intention to follow through with-the" project to make it as viable and 'aesthetically pleasing to the community as possible. Mr. Abrams • has always tried to work with community: interests, but feels it must "be understood that there is a financial responsibility to the project. Mr. Abrams stated that he felt it was a gross injustice when the'the new zoning. 'ordinance eliminated_ Planned Unit 'Deveibp*nent• because a lot Of these problems were previously solved . before the project reached this stage. Steve Younker, 7005 W. Lincoln, who'is the owner of the property, felt that it was the 'responsibility of the Council to 'maintain a climate that is conducive to' business development. ` Current zoning of the parcel is consistent the proposed' development. He stated that many concessions have been made in the five design phases, and city 'staff haa'been sensitive to the neighbor's concerns. He feels that everyone has had enough time to be heard, and he urged the Council to make a decision today. Mr. Abrams confirmed that he will honor the committent'made "by the previous developer to keep the neighbors advised of the project status on a w basis.. • ;There' being:no • -one else present to speakrin' opposition to the appear,' Maydr"Berndt..asked if anyone present' wished'to restate anything , in' favor of • the appeal.. Jerry Tatro,' 1009 South 24th Avenue, voiced his concern about drainage problems on the property. Mr. Tatr& stated that the County drain system is insufficient for the "area, and if Dr. Younker moves a house" and `.changes the grade of the 'property, the flooding problems could'be worse than usual. ECity" Attorney Vanek stated that the house move is not part of the project under consideration and that'anymove =would require permits and posting of a bond. `., Planning Manager Skone stated that the Hearing'Examiner system has ' • given the'.'Hearin _ Ex authority" to - hold hearings and make • decisions: These decisions are subject to appeal- and it is the responsibility'of those appealing to•show that the Hearing Examiner has erred. The Council needs to determine if an error has been made on any of the 26 items under consideration. Since these items are in the record, Mr. Skone stated that we have to assume they were all considered by the Hearing Examiner. However, many of them may not have reached the level of significance for him to say anything about them 'in writing. Mr'. Skone said the staff is prepared to review any of the items to see if an error has been • made, but he feels it is crucial" that the Council keep working within the system.' • .. • Steve Younker spoke 'again in opposition to the appeal,'' and stated that •if he on the adjacent lot it will be donated to Young Life. Myron Abrams stated that the issue of the water drainage should not be the responsibility of the last person on the block. This is a City /County problem of inadequate drainage and should be addressed by the proper authorities. He felt that a person should not'be stopped from developing his property because the' system above him' fails. Consulting Engineer, William • - Hiibregtse, stated there is a considerable amount_of water ponding on -the property from water coming down the street: Mr. Huibregtse said the drainage system proposed for this includes a catch basin pick -up point in the swale. along the north edge of the AAD /5 6'0' 7/17/90 -6- property that would-be piped through the dry well system on the property and overflow into the drainage system on. Nob Hill , Boulevard. He feels this will cure the problem and allow an outlet :for, the water that was not previously available. Dennis Covell, Director of Engineering and Utilities, confirmed that the intent is to—have the drainage facility outside of the berm and the fence -area to collect water and convey it to the drainage system on Nob • Hill. The intent is to eliminate or minimize any ponding in the .area north of the berm proposed -for the property development. The .drainage system Nob Hill is a 48" diameter drain system that was included in the Nob Hill project. Rosemary Small stated that businesses on Nob Hill need to give something back to the neighbors in the form of mitigation. Mr. Tatro asked why drainage pipes couldn't collect on 24th Avenue and was advised by Mr. Covell that it was not in the natural drainage path and would overtax the inlet on the street. - - - - There being no further 'comment, Mayor Berndt - closed the public meeting._ Mayor" Berndt asked if any Council members had any personal contact .prior to the public meeting. Council members stated none. It.was MOVED BY SEMON, SECONDED BY PECHTEL, TO AFFIRM THE HEARING EXAMINER'S DECISION.• Council member Beauchamp felt there were 14 areas , that were reasonable and deserved 'reconsideration. Council member Buchanan stated that this decision ' is not in line with the recent Council action on a sign in an industrial area. ' Planner Joan.• Davenport explained that no adjustment was given to the sign height,' but-one-sign was allowed to replace three free standing signs. Mayor Berndt restated the motion on the floor. The motion failed- on -a 3 -3 vote. Pechtel, Semon and Berndt voting aye. Sims,, Beauchamp and Buchanan voting nay. Barnett absent. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO REMAND THE APPEAL BACK TO -THE HEARING EXAMINER TO ADDRESS THE FIRST 21 ISSUES RAISED BY THE NEIGHBORS AND TO INCLUDE BARRICADE FENCING.• The motion carried on a 5 -1 voice vote. Semon voting nay. Council member Barnett absent: 9. CONSIDERATION OF RESOLUTION- REGARDING HAZARDOUS VEGETATION AND DEBRIS' ABATEMENT PROGRAM Glenn Rice, Director of Community and Economic Development, stated that had nothing to,add. There being no one present to speak to the . issue, and Resolution No. D -5778 having been read by title, it was MOVED BY SIMS, SECONDED BY PECHTEL, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. Barnett absent. RESOLUTION NO. D -5778, -A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 10. 1990 'MID -YEAR ENGINEERING CAPITAL IMPROVEMENT PROGRAM STATUS - REPORT- • • The citizen whorrequested this item be taken off the Consent Agenda was no longer present. .City Manager Zais stated that staff would be - willing to discuss this topic privately, with anyone who is interested. Copies of the report were mailed to the people who have been meeting with staff members concerning the MBE program. Mr. Zais stated that the -last page of. statistics regarding AAD /6 • 7/17/90 - -7- 6.1 affirmative action reporting reflects a new compilation and- a new way of illustrating work hours for minorities and women hired by contractors. Director of Engineering and'Utilities. Dennis Covell, reported that the City is in compliance with state and federal standards',' and the has a•27.5 %-'compliance record. It was • MOVED BY BUCHANAN,•SECONDED BY SIMS; TO ACCEPT THE REPORT. The motion carried-by unanimous voice vote: Barnett absent. Mr: Covell introduced the new City Engineer, Fred French, to the City Council. Mr. French comes from the City`of• Kirkland and brings with'hiin 18 years of public works experience. *11. CONSIDERATION OF - RESOLUTION AUTHORIZING ' INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH CITY OF CLE ELUM- RESOLUTION NO. D=5779, A RESOLUTION 'authorizing'the'execution of an Intergovernmental.Cooperative Purchasing Agreement with the City of Cle Elum. *12. APPROVAL 0E-FINAL'CONTRACT•PAYMENT FOR''SUMMITVIEW AND :10TH AVENUE INTERSECTION • The report from the •Director'of Engineering and Utilities dated • July 11, 1990, with respect to the completion of the work on the Summitview and 10th Avenue Intersection project, performed by TCE Electrical Contractors, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *13. - APPROVAL OF FINAL PAYMENT FOR FRUITVALE CANAL WASTEWAY PIPING • • The:.._ preport.;from:: the .Director of Engineering and Utilities dated July 11, 1990, with respect - to` the completion of the work on the Fruitvale•. Canal Wasteway Piping project, performed by DeBlasio .Construction Co.,'Inc., was approved, the work'accepted and_ payment _payment. of-.,_ the_ f final estimates as therein set forth was authorized. *14. CONSIDERATION OF - ORDINANCE REGARDING REZONE OF CERTAIN PROPERTY LOCATED AT 206 WEST CHALMERS STREET FROM SR, SUBURBAN RESIDENTIAL, TO CBDS, CENTRAL BUSINESS DISTRICT SUPPORT , ORDINANCE NO. 3284, AN ORDINANCE affirming the Hearing Examiner's • recommendation to rezone property at 206 West Chalmers Street from SR, Suburban Residential, to CBDS, Central Business District Support and amending the zoning map of the City of Yakima. *15. CONSIDERATION OF ORDINANCE AMENDING CLASSIFICATION AND PAY PLAN FOR CHIEF EXAMINER POSITION ORDINANCE NO. 3285, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective August 19, 1990; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, and Subsection 2.20.110 F, all of the City • of Yakima Municipal Code. AAD /7 62 7/17/90 - . 16. OTHER BUSINESS - - ' Information Items: ' • Items of-information supplied to Council were:_ Memo from Fire Chief regardingFireworks Ordinance, N5/90; -Assignments Pending Report from Office of Environmental Planning. 7/17/90; Letter from AAA Lock -n -Key regarding Lockouts. 7/9/90; Press Summary from Growth Strategies Commission. •7/5/90; Memo from AWC regarding Comparison Between Key Features of SHB•• 2929 and Initiative 547. 7/90;, Letter from Greater- Yakima Chamber of Commerce supporting funding application for First Avenue street •improvements,'fran Yakima Avenue to "I" Street. 7/3/90; Memo from City Attorney regarding Damage Claims Referred to Insurance Company. 7/3/90; and Agenda for July 5, 1990 Civil Service Commission meeting and - Minutes-of its :June 1990 17. EXECUTIVE SESSION • It was MOVED BY PECHTEL, SECONDED BY SIMS, 7.0 MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING COLLECTIVE BARGAINING, WITH IMMEDIATE ADJOUPNMENT THEREAFTER. The motion carried by unanimous • voice vote. Barnett absent. - • 18. ADJOURNMENT • • Following the completion of the Executive Session, the meeting was adjourned. at the hour of 5:20 P.M. (Buchanan absent after 5:05 P.M. ' Berndt absent after 5:15 P.M.) READ AND CERTIFIED ACCURATE BY: �,�„ 1 [ FAA CO CIL R DATE • / � ' e....► \, .lt-A.i! - •11 COUNCIL 'EMBER 14 E ATTEST: CITY CLERK •' MAYOR Minutes prepared by Deputy City Clerk Lovell. AAD /8