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HomeMy WebLinkAbout08/13/1991 Business Meeting 470 CITY OF YAKIMA, WASHINGTON BUSINESS . MEETING . ,. AUGUST..,13 ,,19 1. ROLL CALL The City Council net in session on this date at 2:00 P.M. in the Council Chambers of City. Hall,. Yakima, Washington. Mayor Pat Berndt, presiding, Councilmembers Lynn Buchanan, George Pechtel, Skip Semon and Bernard Sims present on roll call. Councilmembers Clarence Barnett and Henry Beauchamp absent and excused. City .Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Lovell also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE Councilmember Buchanan led the Pledge of Allegiance. '3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Water Superintendent Ty Wick reported that the Fairview /Sumac emergency water project has been completed ahead of schedule, and below the estimated. cost. Mayor Berndt presented certificates of appreciation to employees who worked on the project. Mayor Berndt requested a staff report to determine if the City has any obligation to assist with County expenses for juvenile facility needs and capital murder trial costs. She noted that it is important for City residents to realize that they do pay County taxes that are designated,for these purposes. 4. CONSENT AGENDA Mayor. Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Councilmembers or citizens present. It was the consensus of Council that the addition of Item No. 10 and the deletion of Item No. 23, as requested, be made. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED' BY BUCHANAN, SECONDED BY SIMS, THAT THE CONSENT AGENDA,' AS, READ, BE PASSED. The motion carried by unanimous''roll . vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF THE JULY 30, 1991 ADJOURNED BUSINESS /STUDY SESSION AND AUGUST 6, 1991 ADJOURNED MEETINGS The Council minutes of the July 30, 1991 Adjourned and Business /Study Session and August 6, 1991 Adjourned meetings were approved, having been duly certified accurate by two Councilmembers and no one present wishing to have said minutes read publicly. • AUGUST' 13, 1991 1 47 6. AUDIENCE PARTICIPATION Due to the long agenda, Mayor Berndt announced that Audience Participation would be included with Other Business at the end of the meeting. 7. PUBLIC MEETING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON THE MASTER APPLICATION (REZONE) FOR THEW "MEADOWS "'AT''1014 -1016 } SOUTH 9TH STREET (SEE ORDINANCE ACCEPTING RECOMMENDATION) This being the time set for public meeting, Supervising Associate Planner Davenport stated that staff recommends approval of the request. Mrs. Davenport noted that the applicant is concerned with Section 2, Item F of the proposed ordinance, which stipulates that both the existing and proposed complexes be combined into one tax parcel. Mayor Berndt opened the public meeting and asked if there was anyone present to speak to the issue. The applicant, Robert Loverin, 3151 NE Sandy Boulevard, Portland, spoke in favor of the .proposal. He requested that Council consider a letter of agreement . regarding, parking in lieu of merging the tax parcels. City ' Attorney Vanek advised Council that the ordinance accepting the Hearing Examiner's recommendation could not be amended without setting and holding a new public hearing. 'Mayor Berndt asked if there was anyone else present to speak to the issue. There being none, Mayor Berndt closed the public meeting. . It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO TABLE THE ISSUE FOR TWO WEEKS AND TO SET AUGUST 27, 1991 AS THE DATE OF PUBLIC HEARING TO CONSIDER AN AMENDED ORDINANCE.' The motion carried by unanimous voice .vote; Barnett and Beauchamp absent. 8. . PUBLIC MEETING TO CONSIDER HEARING_EXAMINER'S RECOMMENDATION ON THE ALLEY' VACATION BETWEEN SO. 10TH AND 11TH AVENUES AND W. WALNUT. AND CHESTNUT AVENUES, REQUESTED BY ST. ELIZABETH MEDICAL CENTER (SEE ORDINANCE ACCEPTING RECOMMENDATION) . This being the time set for public meeting,. Supervising Associate Planner Davenport stated that parking and technical issues are the major concerns in this master application. She noted that there are no issues .with compatibility of land use. Mrs. Davenport reviewed the history of the parking issue and previous requirements at the Medical Center. She stated that the Hearing' Examiner • recommends °approval of the application subject to the provision of 87 additional parking spaces. Mayor Berndt.opened the public meeting and asked if there was anyone present to speak in favor of the _application. Attorney James Carmody, 405 E. Lincoln, representing St. Elizabeth Medical Center, noted that this is the . second phase of a three -phase development project at the Medical Center. 'He stated that the Medical Center feels the Hearing Examiner's decision is not supported by factual or technical data, and the decision jeopardizes the project. Mr. Carmody distributed an advocacy letter from Sr. Karin Dufault to support material already in the record, and a summary of the Master Application. City Attorney Vanek stated that after. hearing testimony and closing the public portion of the meeting, Council may either adjourn to Executive Session for Quasiudicial purpose, or table the issue to allow time for further study. -2- 4 7 2 AUGUST 13, 1991 Mr. Carmody requested that Council examine three areas of concern in the 13 conditions set by the Hearing Examiner: parking, site screening and easements. He compared the parking requirement set by the Urban Area Zoning Ordinance (441 spaces), the parking proposed by the Medical Center (607 spaces) and the requirement imposed by the Hearing Examiner (694 spaces). Mr. Carmody stated that on -site studies show excess parking available during peak hours, and he questioned whether the Hearing Examiner could legally increase the ordinance requirements. He also noted that pressure for additional parking canes from apartment houses in the area rather than the Medical Center. Mr. Carmody introduced traffic engineer Claudia Scrivanich, CH2M Hill - Bellevue, who outlined the results of the traffic studies and her analysis of the data. She stated that the Hearing Examiner's recommendation was not technically sound, and that comparisons made to parking needs at Yakima Valley Memorial Hospital were invalid. She said that the proposed parking has been designed to adequately meet all of the Medical' Center's parking needs off - street. Tom Gross, KDM Architects, stated that the Medical Center is interested in providing all the parking space that is necessary, and his firm believes the recommendations made by. CH2M Hill are technically supportable. Mr. Gross showed the parking plan proposed by the Medical Center, and attempted to distribute data comparing Yakima to other communities. The material was withdrawn when City Attorney Vanek objected to the distribution of new information not previously, considered by the Hearing Examiner.. „Mayor Berndt inquired :about , the feasibility' of , increasing.. the ,, parking space proposed 'by' the Medical Center. Mr. ,,Carmody. noted that no additional land is available for acquisition. In response to questions from Council, Richard Brown, Assistant Administrator of St. Elizabeth Medical Center, stated that the project cost is estimated at 'approximately $3 million. City Manager Zais observed that the letter from Sr. Karin Dufault indicates that the increased parking requirement could possibly end the project. Dr. John Barany, 315 Holton, spoke in favor of the application, noting a shortage of medical office space in Yakima. Councilmember Sims inquired about the .conditions. for retaining easement after vacation of the alley. City Attorney Vanek replied that standard vacation language was used in the ordinance, and a transfer document can be prepared after relocation of utilities. Mr. Sims requested staff, canment'on the Hearing Examiner's site screening requirement. Mrs. Davenport stated that the purpose of the low wall was to act as a ^ headlight barrier for adjacent houses. She added that the staff report did not include the same language as the Hearing Examiner for landscaping. City Manager Zais asked if future plans include the prospect of street vacation. Mr. Brown indicated that utilization of 10th Avenue is a consideration since the Medical Center is landlocked; however, it is not related to the parking issue. Mayor Berndt asked if there was anyone present to speak in opposition. Barbara Harris, P.O. Box 812, Yakima, . strongly objected to the submission of new evidence at the meeting today. As an adjacent property owner, Mrs. Harris noted a severe shortage of on- street parking, and encouraged Council not to modify the Hearing Examiner's recommendation. Sonny Robinson, 101 South 8th -3- AUGUST 13, 1991 473 Avenue, was also concerned with the shortage of on- street parking, and urged Councilmembers to visit the area themselves to see the extent of the problem. John Klingele, 1312 West Walnut, stated that he had driven by the Medical Center.on the :way to the Council meeting, and counted less than a dozen empty parking spots.. Mayor Berndt asked if there was anyone present wishing to rebut previous testimony. Attorney James Carmody reiterated that the proposal to add 150 spaces to existing lots will adequately address .the .parking needs of Medical Center.._He encouraged Council to closely examine' the technical data before_ making a.decision. Barbara Harris urged the Council to uphold the Hearing Examiner's recommendation, and not be swayed by the budgetary impact of the increased parking requirement. There being no further comment, Mayor Berndt closed the public meeting, and asked Councilmembers to declare any prior contact on this 'issue. All Councilmembers declared none. . Councilmember Pechter noted that this issue was not discussed at a previous luncheon meeting with Sr. Karin Dufault. It was MOVED BY SIMS, SECONDED BY SEMON, TO MOVE INTO EXECUTIVE SESSION FOR QUASI JUDICIAL PURPOSE. The motion carried by 5 -0 voice vote; Barnett and Beauchamp absent. The Council moved into Executive Session at 4:25 P.M., and reconvened in open session at 4 :40 P.M. .Ordinance No. 3384, having been read by title, it was MOVED BY SEMON, SECONDED BY SIMS, TO AFFIRM THE HEARING EXAMINER'S RECOIMENDATION TO APPROVE, WITH CONDITIONS,_ THE MASTER. APPLICATION. The motion carried by unanimous roll call vote; Barnett and Beauchamp absent. ORDINANCE NO. 3384, AN ORDINANCE vacating alley right -of -way located in the block bounded by South 10th Avenue, South llth Avenue, West Walnut Street, and West Chestnut Avenue; approving the proposal to construct a medical office building, and approving an administrative adjustment allowing lot coverage of 90 percent with impervious surfaces, subject to all of the conditions in the Hearing Examiner's Recommendation. 9. CONSIDERATION OF RESOLUTION REGARDING. HAZARDOUS' VEGETATION AND DEBRIS ABATEMENT PROGRAM Community and Economic Development Director Rice stated that he had nothing to add to the staff report. There being no one present to speak to the'issue, and Resolution No. D -5975, having been read by title, it was MOVED BY PECHTEL, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; • Barnett and Beauchamp absent. t - t RESOLUTION NO. • D -5975, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots: *10. REPORT FROM ENGINEERING DIVISION REGARDING "A" STREET PARKING - LOT PRE- DESIGN COST ESTIMATES /FUNDING The report from the Engineering Division regarding "A" Street parking lot pre - design cost estimates /funding: was. accepted. -4- 4 7 4 AUGUST 13, 1991 11. CONSIDERATION OE RESOLUTION AUTHORIZING SALE OF WATER/SEWER BONDS BY SEATTLE NORTHWEST SECURITIES Budget and Finance Hanson advised Council that this is the confirmation of the sale of $7,675,000 worth of bonds to Seattle Northwest Securities. These bonds will finance the local share for improvements to the Wastewater Treatment Plant and refinance the ' 1983 Sewer debt. Because of market conditions at time of sale, the bond .amount was reduced from the original projection of $7.8 million. • Resolution No. D -5976, having been read by title, It was MOVED BY BUCHANAN " ' " SECONDED BY PECHTEL, - TO - ADOPT THE :.. RESOLUTION. The motion carried by unanimous roll call vote; Barnett and Beauchamp absent.' RESOLUTION NO. D -5976, A RESOLUTION authorizing the execution and delivery of a contract for purchase of the City's second lien water • and sewer revenue bonds, 1991, in the aggregate principal amount of $7,675,000; fixing certain terms of the bonds; approving the form of the official statement therefor and the distribution thereof; and ratifying certain acts and proceedings. *12. CONSIDERATION OF LEGISLATION REGARDING CITY /COUNTY:JAIL AGREEMENT: A. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA • . - 'COUNTY REGARDING CONSTRUCTION OF ADDITIONAL JAIL BEDS RESOLUTION NO. T1 5977, A RESOLUTION authorizing., the City Manager to execute a Memorandum of Understanding for the Construction of Additional Jail Beds with the County of Yakima and providing for - the City to pay for the additional Nail bed construction in an amount not to exceed $650,000. B. FIRST READING OF ORDINANCE APPROPRIATING $100,000 FROM THE GENERAL FUND FOR THE OF ADDITIONAL JAIL BEES (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance appropriating funds from the General Fund for the purchase of additional jail beds in the Yakima County Minimum Security Jail Facility, using State Criminal Justice - Contingency Funds, having been read by title only, was laid on the table for one week, until August 20, 1991. *13. CONSIDERATION OF RESOLUTION AUTHORIZING .EXECUTION OF AMENDMENT TO PROFESSIONAL' " SERVICES CONTRACT WITH "GARY HALL AND ASSOCIATES RESOLUTION 'NO. D -5978, A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute an amendment to the Agreement. with Hall Engiheering Associates for professional services. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA HERALD - REPUBLIC FOR PRINTING AND DISTRIBUTION OF THE PARKS FALL PROGRAM BROCHURE RESOLUTION -NO. D -5979, A RESOLUTION authorizing execution of an agreement with the Yakima Herald - Republic for the publication of the City of Yakima Parks & Recreation Division Fall Program Guide. -5- AUGUST 13, 1991 4 7 5 *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH YAKIMA SCHOOL DISTRICT #7 FOR BLOCK BUILDING AT 101 SOUTH 7TH AVENUE RESOLUTION NO. :D -5980, A RESOLUTION authorizing . the. lease of certain Fire Department property to Yakima School District No. 7 -for 1991 and 1992. *16. 'CONSIDERATION OF RESOLUTION AUTHORIZING - EXECUTION OF LEASE AGREEMENT FOR THE OAK FLATS RESIDENCE - • RESOLUTION,NO.. D -5981, A RESOLUTION authorizing the'City Manager to execute a lease agreement with Leah Bowanko -for the use of certain property at Oak Flats. *17. CONSIDERATION OF-RESOLUTION AUTHORIZING EXECUTION :OF SURFACE WATER CONTROL AGREEMENTS,_ LIENS AND EASEMENTS WITH A. C. PARTNERS RESOLUTION -NO. D -5982, A RESOLUTION authorizing the City Manager to execute Surface Water Control Agreements, Liens, and Easements with A-C Partners. * 18. APPROVAL OF SECOND QUARTER 1991 CAPITAL IMPROVEMENT PROJECTS STATUS REPORT . The Second 1991 Capital Improvement, Projects Status Report was accepted. * 19. APPROVAL OF SECOND QUARTER:1991 INSURANCE CLAIMS REPORT The Second Quarter 1991 Insurance Claims Report was accepted. *20. APPROVAL OF JULY 1991 BUDGET REPORT The July 1991 Budget Report was accepted. , _ 1 *21. APPROVAL OF FINAL CONTRACT PAYMENT FOR MUNICIPAL WATER WELL AT KISSEL PARK PROJECT (STANDARD MOTION V -B -- ACCEPT CONTRACT AND APPROVE FINAL PAYMENT) The report from the City Engineer dated July 16, 1991, with respect to the completion of the work on the Municipal Water Well - Kissel Park .project, performed by Holman Drilling ,Company, was approved, the work accepted and payment of the final ,estimates as therein set forth was authorized. *22. SET DATE OF PUBLIC MEETING FOR AUGUST 27, 1991 TO CONSIDER HEARING EXAMINERS RECOMMENDATION .REGARDING THE PRELIMINARY PLAT FOR PROPERTY AT. 22ND AVENUE AND WEST VIOLA, REQUESTED BY LARRY LOVELESS August 27, 1991 was set as the date of public meeting to consider the Hearing Examiner's recommendation regarding' the preliminary plat for property at 22nd Avenue and West Viola, requested by Larry Loveless. -6- 4 7 6 AUGUST 13, 1991 23. CONSIDERATION OF ORDINANCE AMENDING THE CURRENT NOISE ORDINANCE, PROHIBITING PUBLIC DISTURBANCE NOISES City Attorney Vanek advised Council that the ordinance has been amended to add the phrase "unreasonably," to insure the standard is constitutional. Some archaic language - has• also removed from - thei ordinance. These changes will provide - the Police Department with clear enforcement standards. Mayor Berndt observ that the majority of the comments she receives fall into the public disturbance category. Police Chief Green stated that verbal warnings are given for first offences, followed by a citation for repeat violations. Resolution No. 3385, having been read by title, It was MOVED BY BUCHANAN, SECONDED BYI The motion carried by unanimous roll call vote; Barnett and Beauchamp absent. ORDINANCE NO. 3385, AN ORDINANCE relating to public._ safety and morals; defining and prohibiting public disturbance noises; prohibiting specific public disturbance noises, exempting certain sounds; authorizing issuance of . a - noi Section 6.04.180 of the City of Yakima Municipal Code. *24. CONSIDERATION OF ORDINANCE AMENDING THE CURRENT LEWD CONDUCT ORDINANCE ORDINANCE NO. 3386, AN ORDINANCE relating to public safety and morals; prohibiting public urination and defecation; defining and prohibiting lewd conduct and creating • exceptions' to such prohibition; enacting Sections 6.04.360 and 6.04.370 as new sections and amending Section 6.04.375 all of the City of Yakima Municipal Code. 25. OTHER BUSINESS • City Manager Zais requested clarification of Council's intent on Item No. 10. It was the consensus of Council to combine the two parking lot projects, and to wait until next spring to call for bids. • Information Items: Items of information supplied to Council were: Notice of Public Hearing by the Washington State Housing Finance Commission on August 22, 1991 on amendments to the Allocation Plan regarding tax - exempt bond financing of housing facilities; Memorandum fran Administrative Assistant to the City Manager regarding Clean Air Washington Workshop. 8/7/91; Letter to Sandra Ronning regarding utility services for Regal Mobile Estates. 8/8/91; Agenda for August 24, 1991 Eastern Washington Cities Coalition meeting and minutes of its June 20, 1991; Yakima County Substance Abuse Coalition - Director's Report for May, June, and July 1991; Announcement of AWC Training - Second Annual Environmental . Institute - New Missions and Mandates on September 13, 1991; City of Yakima Pretreatment Quarterly, Vol. 1, 3rd Quarter 1991; Agenda for August 12, 1991 Parks and Recreation Commission meeting; Human Resource Division Training Activities as of -7- AUGUST 13, 1991 4 7 7 6/30/91; Reports from Personnel on vacancies/hirings as of August 1991; and Monthly Permits Report for July t. 26. EXECUTIVE SESSION It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADJOURN 10 EXECUTIVE SESSION REGARDING PROPERTY ACQUISITION AND PENDING AND PROSPECTIVE LITIGATION WITH IMMEDIATE ADJOURNMENT THEREAFTER 113 TO AUGUST 14, 1991 AT NOON, AT THE RESTAURANT AT THE AIRPORT FOR MEETING REGARDING JOINT - OWNERSHIP OF AIRPORT, may 10 AUGUST 20, 1991, AT 11:30 A.M. FOR MEETING WITH THE CITY'S POLICE. AND FIRE PENSION BOARDS (LOCATION TO BE ANNOUNCED). The motion carried by unanimous voice vote; Barnett and Beauchamp absent. 27. ADJOURNMENT _ Following completion of the Executive Session, the meeting was adjourned at 6:00 P.M. • 1 READ AND CERTIFIED ACCURATE BY O / - GO 7 : R DATE COUNCILMEM R DAe ATTEST: aA-e-i". A /29-6-oz& TC4j-e CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Lovell -8-