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HomeMy WebLinkAbout08/27/1991 Business Meeting 483 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING • AUGUST 27, 1991.. lr , 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, Councilmembers Clarence Barnett, Henry Beauchamp, Lynn Buchanan, George Pechtel and Bernard Sims present on roll call. Councilmember Skip Semon 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 Beauchamp gave the Invocation. 3. ... OPEN I DI SCUSS ION FOR THE GOOD OF THE ORDER Mayor Berndt requested that staff investigate the feasibility of providing transit service for youth during evening and weekend hours. She suggested that Transit staff coordinate with the Transit Committee Esther Huey and School District - personnel to evaluate the need. 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 Itean No. 11, as requested, be made. 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; Semon absent. . (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 AUGUST 13, 1991 BUSINESS MEETING The Council minutes of the August 13, 1991 Business meeting 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. It was the consensus of Council to delay Audience Participation until after the Public Hearings /Meetings are conducted. 7. PUBLIC HEARING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON THE MASTER APPLICATION FOR THE "MEADOWS" AT 1014 -1016 SOUTH 9TH STREET (SEE ORDINANCE APPROVING MASTER APPLICATION) (TABLED FROM 8/13/91) 4 8 4 AUGUST 27, 1991 This being the time set for public hearing, Supervising Associate Planner Davenport stated that Council has been asked to reconsider the rezone ordinance fori'the - "Meadows" annex project. This item was originally presented to Council on August 13, 1991, and tabled for amendment to Item F of the ordinance. It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP,_ THIS ITEM THE TABLE FOR DISCUSSION. The motion carried by unanimous voice vote; Semon absent. Mrs. Davenport stated that the developer has submitted a signed parking agreement, in lieu of combining the two tax parcels. • City Attorney Vanek confirmed that Councilmember Barnett was eligible to participate in the proceedings, although he was not • present at the last meeting. Mayor Berndt opened the public hearing, and asked if there was anyone present to speak to the issue. Ron Cullen, Architecture Associates, spoke in favor of the request on behalf of the applicant. Mr. Cullen requested approval of the modified ordinance, and answered questions regarding the proposed parking configuration. There being no one else present to speak to the issue, Mayor Berndt closed the public hearing. Ordinance No. 3388, having been read by title, it was MOVED BY PECHTEL, SECONDED' BY BUCHANAN, 10 ADOPT - THE ORDINANCE. -- Mayor Berndt asked Councilmembers to disclose any prior contact on the issue; there was none. The motion carried by unanimous roll call vote; Semon absent. ORDINANCE NO. 3388, AN ORDINANCE rezoning property located at 1002- 1016 South 9th Street in Yakima from Two - Family Residential (R -2) to Three - Family Residential (R -3), amending the Zoning Map of the City of Yakima, and approving the administrative adjustment of parking standards. 8. PUBLIC HEARING ON COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) - This being the time set for public hearing, Supervising Associate ' Planner Davenport reviewed the Comprehensive Housing Affordability Strategy (CHAS). CHAS is anew requirement Under':the Block Grant Program for drawing down federal money beginning. in the 1992 fiscal year. The underlying purpose of the CHAS plan is to ensure that communities are addressing affordable housing for - all income • groups. The five -year CHAS plan will replace the former three -year Housing Assistance Plan (HAP). A series of meetings has been held with housing providers throughout the community to gather information for the plan. The boundaries of the CHAS plan will be adjusted as annexations occur and the comprehensive planning process unfolds. 1980 census information was used for this year's plan, since detailed 1990 census information has not been released. Mrs. Davenport explained that the federal process a 60-day comment period following public hearing. All comments will be added to the draft before the document is submitted to the federal government. She requested that Council release the CHAS plan for public comment following the public hearing today. Mrs. Davenport introduced Donna Reyes, Housing Loan Specialist, who was available to answer questions. Councilmember Barnett asked if the CHAS plan will require Council to change some infrastructure policies to make housing developments affordable, and which standards will be recommended for reduction. -2- • • AUGUST 27, 1991 ` �' 5 Mrs. Davenport noted that the Housing chapter of the Visioning 2010 document was included in the CHAS Plan, and encourages the City and County to examine development standards and procedures. She added that °the comprehensive planning process will address this concern. Mr. Barnett asked how much local government contribution will be required for subsidies. . Mrs. Davenport replied that :affordable housing traditionally has been subsidized 'by the federal government. With a decline in federal subsidies,'State funding has been made available through the Housing Trust Fund and the Housing Finance Commission. She expects that local governments will be, asked to assist in the creation of housing opportunities. Housing Loan Specialist Reyes added that designating the'Housing Office as the lead agency enables them to verify there is no duplication of services with other. agencies. Councilmember Buchanan suggested that staff review and clarify paragraph Cl onTage 55 the plan is. released. Councilmember Barnett praised.staff for the high quality of the report. Mayor Berndt opened the public hearings and ' asked if ' there was anyone present to comment. There being none, Mayor Berndt closed the public hearing, and asked for Council direction,: It was MOVED . BY SIMS, SECONDED BY BUCHANAN, TO APPROVE THE DOCUMENT AND RELEASE IT. FOR THE MANDATORY 60 -DAY COMMENT PERIOD. The motion carried by unanimous voice vote; Semon absent. 9. PUBLIC MEETING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION REGARDING PRELIMINARY SUBDIVISION AT SO. 22ND AVENUE AND WEST VIOLA REQUESTED BY LARRY LOVELESS (SEE RESOLUTION) This being the. time set for public meeting, Associate Planner Lehman stated that staff recommends approval of this Master Application for a 5 -lot subdivision. The applicant has initiated a short plat exemption, as recommended by the Hearing Examiner. Mr. Lehman explained that the Hearing Examiner. denied a second portion of the application requesting an Administrative Adjustment to allow tandem parking • Mayor Berndt opened the public meeting, and asked if there was anyone present to speak in favor of the proposal. The applicant, Larry Loveless, spoke in favor of the subdivision, and noted that these are the first five lots of a total of 16 lots on a parcel of land 'at 22nd Avenue.and Viola. Mr..Loveless raised :the issue of tandem parking, and. asked Council to consider an adjustment. He noted that the area is well developed with duplexes that were built with tandem parking. This area is primarily residential, and his intent is to blend the subdivision with the neighborhood. Councilmember Barnett asked if the project would proceed if the tandem parking request is denied. Mr. Loveless replied that the project would proceed, but the increased construction costs would be passed on to :the occupants. He felt this would severely impact the affordability of the housing: Mayor Berndt asked if there was anyone else present to speak to the issue. There being none, Mayor Berndt closed the public meeting. Mayor Berndt noted the discrepancy between the staff and Hearing Examiner's recommendations on tandem parking, and asked if changes should be made legislatively or quasi - judicially. Mr. Lehman -3- 4 V �° AUGUST 27, 1991 � replied that any decision that is not totally consistent with the Urban Area Zoning Ordinance (UAZO) sets a precedent. He added that the Hearing Examiner followed the policy as adopted under the UAZO, and did not see justification for adjustment. Mr. Lehman noted that the. UAZO authorizes the adjustment of standards, including the tandem parking provision. ..The applicant appropriately and properly applied for the adjustment to that standard. City Manager Zais said that an amendment to the UAZO is not absolutely required if this .request is granted, although the Hearing Examiner recommends that the legislative change be made. Mr. Lehman stated that the issue to the applicant is a matter of cost and and staff believes that tandem parking is 'compatible with the residential 'nature of the area. Councilmember Pechtel felt that the increased project cost was unreasonable, and agreed'with the staff recommendation to allow, tandem parking. City Attorney Vanek advised Council on the procedure to approve the Master Application, excluding the Hearing Examiner's tandem parking recommendation. It was MOVED BY PECHTEL, SECONDED BY BUCHANAN, TC$ DIRECT STAFF TO PREPARE LEGISLATION 'TO APPROVE THE. PRELIMINARY PLAT SUBDIVISION AND MODIFY THE' HEARING EXAMINER'S. - ON TO ALLOW TANDEM PARKING. The motion carried by unanimous voice vote; Semon absent. . For the record, City Attorney Vanek asked'the.Council to state their reasons for voting to allow .tandem parking. On behalf of the Council, Councilmember Pechtel stated that it is necessary to be concerned about the cost of construction for dwelling units in Yakima, and everything possible must be done to provide affordable housing for the community. Councilmember Barnett added that tandem parking in the surrounding area makes this allowance compatible with the neighborhood, and will add to the aesthetics. 6. AUDIENCE PARTICIPATION Blaine Connaughton, representing the proposed West Valley Sewer District, distributed a letter to the Council proposing.a roll -back of the proposed sewer district boundaries to the Urban Area boundaries. In return, the proponents of the district request that Council withdraw the DNS appeal, initiated by the City of Yakima. Mr. Connaughton requested a response from the Council before the County Canmissioners make their ruling.. He also requested an explanation from the Council if they decline to drop the appeal. Mayor Berndt stated that Council will take this request under advisement. City Attorney Vanek advised the Council that they are under no legal obligation to respond. Irene Glessner, with the proposed West Valley Sewer District, requested a copy of the amount that. the City has spent on Seattle attorneys for the West Valley annexation and the proposed sewer district. Mayor Berndt responded that this is public information that can be made available. City Manager Zais suggested that the sewer district proponents follow the proper procedure, and direct their attorney to contact the 'City's attorneys for a reply. City Attorney Vanek advised Council that since this matter is in litigation, the rules of court apply rather than the disclosure act. Mr. Vanek cited Initiative 276, rwhich states that the City is required to respond to any written request within seven days. -4- AUGUST 27, 1991 4 8 7 'CITY MANAGER'S REPORTS 10. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM Code Administration Manager Shampine advised Council to delete the names of Gary D. and Mary M. Lukehart from the list of property owners, as they have cleaned their property. There being no one present to speak; and Resolution No.'D -5986, having been read by title, it was -MOVED BY_'BUCHANAN, SECONDED BY SIMS,'TO ADOPT THE RESOLUTION. The carried by unanimous roll call vote; Semon absent. In response to questions from Council; Mr. Shampine explained that weeds in the are the responsibility of the adjacent property owners if the right -of -way is not being utilized by the City. However, once the City paves or utilizes the right - of -way, maintenance becomes a City responsibility. RESOLUTION NO. D -5986, A RESOLUTION authorizing the Code Administration - Manager to clear weedy lots. *11. REPORT_FROM LEGAL AND FINANCE DEPARTMENTS REGARDING COUNTY PROPOSAL TO OBTAIN CITY FUNDS FOR JUVENILE DETENTION FACILITY AND CRIMINAL PROSECUTION OF FELONIES The report regarding the County proposal to obtain City funds for Juvenile' Detention Facility and Criminal Prosecution of Felonies was accepted. . *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH THE GREATER YAKIMA CHAMBER OF COMMERCE RESOLUTION NO.' D -5987, A RESOLUTION. authorizing execution of a - Professional - :Services.Agreement with the_Greater Yakima Chamber of Commerce, Inc. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SOLID WASTE INTERLOCAL AGREEMENT WITH YAKIMA COUNTY . RESOLUTION NO. D -5988, A RESOLUTION authorizing the City Manager and City Clerk of the City of - .Yakima to execute an interlocal cooperative solid waste agreement with the County of Yakima pursuant to RCW Chapter 39.34. *14. CONSIDERATION OF RESOLUTION SETTING DATE OF HEARING BEFORE THE HEARING - 'EXAMINER FOR - SEPTEMBER : 25 ;: 1991 ON THE PARTIAL STREET RIGHT-OF-WAY VACATION OF S. 4TH AVENUE, BETWEEN PINE.STREET AND TIETON DRIVE RESOLUTION NO. I} -5989, A RESOLUTION fixing time for public hearing before the Hearing Examiner of September 25, 1991 on a petition to vacate a portion of South Fourth Avenue, between Pine Street and Tieton Drive. • *15. ACCEPTANCE OF AUGUST 1991 VEHICLE • - -5- it V ,8 AUGUST 27, 1991 The report on motor vehicle' accidents reviewed by the Accident Review Committee during the month of August 1991 was accepted. *16. APPROVAL OF FINAL CONTRACT PAYMENTS FOR (ADOPT STANDARD MOTION V -B ACCEPT CONTRACT AND APPROVE FINAL PAYMENT): A. MILLER PARK POOL FILTER BUILDING RENOVATION - MECHANICAL The report from the City Engineer dated August 13, 1991, with respect:; " to ' the' completion !'ofc'the work 5 on the Miller Park Pool 'Filter Building Renovation - Mechanical project; : by ,Central Heating and Plumbing, was approved, the work accepted and :payment of the final estimates as therein set forth was authorized. • • B. APPLEVIEW SEWER CONSTRUCTION PROJECT The report 'from the :`City Engineer -- dated;; August' 16, 1991, with respect to the completion of the work on the Appleview Sewer project, performed by Central Concrete and Utilities, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *17. SET DATE OF PUBLIC MEETING /HEARING FOR SEPTEMBER 10, 1991 FOR: A. APPEAL BY H. E. SCHMIDT OF *HEARING EXAMINER'S DECISION DENYING 24 HOUR OPERATION FOR TEXACO CONVENIENCE STORE AT 40TH AVENUE AND FRUITVALE September 10, 1991 was set as the date of public meeting to consider the appeal of the Hearing Examiner's decision denying a request to allow conversion of .the'exIsting service at 1304 North 40th Avenue to become a gas station /convenience store. B. ACE HARDWARE SUBSTANTIAL DEVELOPMENT /CONDITIONAL USE PERMIT FOR SHORELINE (1801 RIVER ROAD) September 10, 1991 was set as the date of public hearing to hear a Shoreline Substantial Development,Conditional Use Permit requested on behalf of Ace Hardware. *18. SET DATE OF QUASI - JUDICIAL HEARING FOR SEPTEMBER 3, 1991 ON APPEAL BY WILLIAM O'NEIL ON DENIAL OF ISSUANCE OF TAXI DRIVER'S LICENSE September 3, 1991 was set as the date of quasi - judicial hearing on the appeal by "William O'Neil on the denial of issuance of a taxi driver's license. * 19. CONSIDERATION OF ORDINANCE AMENDING THE .' 199t BUDGET AND APPROPRIATING FUNDS OBTAINED FROM A ROTARY GRANT INTO THE PARKS AND RECREATION FUND (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1991 budget and appropriating funds for an after school recreational program at the Southeast Community Center, funded through a grant by the Southwest Yakima Rotary Club, having been read by title only, was laid on the table for one week, until September 3, 1991. -6- AUGUST 27, 1991 4 8 9 20. OTHER BUSINESS' It was MOVED BY:BUCHANAN, SECONDED BY SIMS, TO APPOINT TIM MC GREE AND TIM PETERSON TO THE VACANCIES ON THE YAKIMA CENTER ADVISORY COMMITTEE. The motion carried by unanimous voice vote; Semon absent. Councilmember Barnett inquired about the letter received. from the City of Selah requesting a meeting to discuss improvements to South First Street in Selah. Councilmembers Beauchamp, Buchanan and Sims agreed to serve on a Council Committee to study this issue. Councilmember Barnett indicated that he plans to attend the Clean Air Workshop next week. Council will adjourn to the workshop in case a quorum of the Council is present. Code Administration Manager Shampine commented on affordable housing as it relates to building codes, and development standards adopted by the State Building Code Council. Councilmember Pechtel added that affordable housing will not exist until it becomes a national priority. Information Items: Items of information supplied to Council were: Announcement of Clean Air Act Workshop on September 4, 1991 and correspondence from AWC and representative letter sent to area legislators; Letter from State Department of Community Development regarding growth management planning grants. 8/14/91; Letter of appointment of CH2M Hill as consultant for Yakima Avenue /I -82 Interchange Area and Fair Avenue project. 8/20/91; Letter from W. C. Budke expressing appreciation of response to his request for alley grading and gravelling. 8/19/91; Memo from Gregory Bohn regarding Grease Blockages in Sewer System. 8/14/91; Minutes of July and August Yakima County Department of Emergency Medical Services meetings; Minutes of July 24, 1991 Yakima County Development Association Executive Committee Meeting and July 25, 1991 Board of Directors Meeting, and August 7, 1991 Marple's Business Newsletter; and Agenda for August 28, 1991 Police and Fire Civil Service Commission meeting and minutes of its January, February, March and July meetings. 21. EXECUTIVE SESSION It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADJOURN TO EXECUTIVE SESSION REGARDING PENDING LITIGATION, WITH 'IMMEDIATE ADJOURNMENT IMMEDIATELY THEREAFTER. The motion carried by unanimous voice vote; Semon absent. 22. ADJOURNMENT Following completion of the Executive Session, the meeting was adjourned at 4:00 P.M. - -7-