HomeMy WebLinkAbout08/27/1991 Business Meeting 483
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING
• AUGUST 27, 1991..
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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)
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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
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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.
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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
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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
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� 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.
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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.
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*15. ACCEPTANCE OF AUGUST 1991 VEHICLE
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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. •
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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.
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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.
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