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HomeMy WebLinkAbout10/01/1991 Study Session / Business Meeting • 13 • CITY OF YAKIMA, WASHINGILON BUSINESS MEETING /STUDY SESSION OCTOBER 1, 1991 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, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Lovell also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE Councilmember Barnett led the Pledge of Allegiance. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Councilmember Barnett said he received complaints about the length of time gravel is left on streets after sealcoating. He requested a staff report to determine if the timetable needs to be revised. Mayor Berndt said the City has been awarded $174,601 from the State Department of Community Development for the Rebound Plus program. This funding was approved by the Drug Policy Board as part of an urban grant process to distribute federal law and justice funds. Councilmember Buchanan inquired about the actual amount the City received in PWIF funding. 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 deletion of Item No. 12, 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. (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 SEPTEMBER 17, 1991 BUSINESS MEETING The Council minutes of the September 17, 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. 1 4 • OCTOBER 1, 1991 6. PUBLIC HEARING ON APPEAL OF. HEARING EXAMINER'S DECISION RELATING TO TEXACO CONVENIENCE STORE AT .40TH AVENUE_AND FRUITVALE, FILED BY H. E. SCHMIDT (SEE RESOLUTION AFFIRMING HEARING EXAMINER DECISION) This being the time set for public hearing, Associate Planner Lehman explained that this is an appeal of the Hearing Examiner's decision denying a request to convert the existing service station at 1304 North 40th Avenue to a gas station /convenience store. The appeal was originally filed by Dean Tatro and H.E. Schmidt, and later joined by Texaco Marketing and Refining. The proposal allows a change in use for the existing station, with no structural additions. The building would require modification and redesign to allow use of the facility as a convenience store. The central issues raised in review of this proposal focused on increased traffic and the location of existing curb cuts. Staff recommends affirming the Hearing Examiner's decision to deny the application. Mr. Lehman confirmed that this action was initiated as a Class II review, and would be required even if the request did not specify 24 hour operation. Councilmember Barnett asked for justification of the staff conclusion in light of the precedent set in similar cases in King County and the City of Edmonds. Mr. Lehman replied that this decision does not deny the use of the site as it presently exists. Councilmember Beauchamp asked about traffic to the mini - mart across the street, and was told that the Arco site allows a single curb cut on 40th Avenue and a second curb cut onto Fruitvale Boulevard. The Texaco site does not have a north curb cut because it is adjacent to a state highway, and entry onto the road is prohibited. Since this business has existed for many years, Mayor Berndt asked if it is possible to approve the use, stipulating that future changes in use must conform to the more restrictive standards. Councilmember Barnett referred to the State Department of Transportation curb cut requirements, and noted that the 40th Avenue curb cut exceeds the minimum standards. Planning Manager Skone reminded Council that this is an appeal hearing, and cautioned that discussion should be limited to topics covered in the record. City Attorney Vanek gave four options: to affirm the Hearing Examiner's decision, to remand it back to the Hearing Examiner for specific factual inquiries, to set a hearing before Council or to grant the permit and state reasons for the record. Mayor Berndt opened the public hearing, and asked if there was anyone present to speak in favor of the appeal. Attorney Susan Sampson spoke on behalf of the appellant, and noted that the gas station has existed for 20 years, and simply,wants to stay in business. The owner wants to expand the business to convenience store operation by converting the lube bays, which are no longer operational. Ms. Sampson agreed that the lot size is unusually small by today's standards, but recent studies show that changing the use of this store will not have a dramatic impact on traffic. She emphasized that this will not be a grocery store; rather, a small store for the convenience of gasoline customers. Ms. Sampson stated that having only one curb cut will put the gas station out of business. The continued use of two curb cuts with the addition -2- OCTOBER 1, 1991 1 5 of the convenience store is necessary to the functioning of the site. Two curb cuts are necessary for customer traffic and for accessibility for tank trucks. Ms. Sampson added that Texaco does not anticipate a back -up of traffic at the site because the convenience store will not be a market destination, and the turnover of _traffic is quicker since removal of the lube bays. Alternative routing is not feasible since Texaco does not lease enough land at the site to build different driveways. She noted that the Comprehensive Plan allows flexibility to maximize retention of individual property rights, and encourages the continuation of existing business. She. said that Texaco is willing to be as cooperative as possible in meeting the City's project requirements, with the exception of curb cuts. Dean Tatro, the operator of the Texaco site since June 1st, stated that conversion of the business to include a convenience store is essential to remain in operation. He stated that he has never experienced traffic problems at the site. Mr. Tatro presented a petition signed by 350 patrons in support of the convenience store request. Mike Zahajko, Retail Marketing Representative for Texaco, stated that his company hopes to use this station as a springboard for growth into eastern Washington. He said the previous station owner could not sustain a profitable business with a service bay operation. Mr. Zahajko worked at the station and observed no traffic back -up problems. He said that Texaco's marketing strategy is to focus on gasoline sales, and the purpose of food mart operation will be to increase the profitability of the location. Consulting Engineer Harry Schmidt stated that the station requires two curb cuts to facilitate gasoline deliveries and customer access. Mr. Schmidt compared this problem to similar _projects in King County, Edmonds and Issaquah, where the driveway requirements were waived in all three instances. There being no further comment, Mayor Berndt closed the public hearing, and asked for Council direction. It was MOVED BY PECHTEL, SECONDED BY TO DENY THE HEARING EXAMINER'S DECISION WITH THE PROVISION THAT NO ADDITIONS BE MADE TO THE BUILDING, AND THAT CURB CUTS WILL BE REQUIRED IF THERE IS A FUTURE CHANGE IN THE USE OF THE SITE. Mr. Pechtel clarified his motion, stipulating that improvements could be made to the existing structure. The motion carried by unanimous roll call vote, with Councilmembers explaining their reasons for overturning the Hearing Examiner's decision. Mr. Pechtel felt the change of use would -not .significantly impact the traffic at the site, and he supported the current owner's effort to remain in business. Councilmember Barnett felt the action was justified because the existing curb cuts exceed minimum requirements, and a precedent was set in similar circumstances in King County and Edmonds. Mr. Barnett noted that the Comprehensive Plan allows flexibility to retain individual property rights and to encourage the continuation of a business. Mr. Beauchamp supported the action based on personal observation in other localities. . Councilmember Semon stated that flexibility is the prerogative of the Council, and this case called for more than just the technical definition of the rules. -3- 1 6 OCTOBER 1, 1991 7. AUDIENCE PARTICIPATION Mayor Berndt read a proclamation designating the week of October 6- 12, 1991 as Fire Prevention Week in the City of Yakima. The proclamation was accepted by Fire Captain Joe May. - Lyle Gapen, 1408 South 35th Place, requested that the City clean up gravel in the 3400 block of Carol Avenue. Richard Andring, 203 South 8th Avenue, requested that the City replace the bike route eliminated by the recent vacation of a portion of 6th Avenue. 8. PRESENTATION OF FIVE YEAR STRATEGIC PLAN FOR INFORMATION SYSTEMS DIVISION • Budget and Finance Director Hanson observed that the Prime computer system was installed ten years ago, and this strategic plan is a recommitment to provide communication services and information management. Councilmember Barnett asked the funding source for the proposed $4.4 million budget increase over the next five years. He commented that the funds could be better spent on the City's law and justice needs. City Manager Zais noted that this is an ambitious plan, and Council needs to evaluate how to best implement the service level the City can afford. Charlie Scott, representing Matrix Management, reviewed the proposal and the strategy planning process. Councilmember Semon questioned the possibility that the supplier is in financial difficulty. Information Systems Director Pettyjohn stated that there is always a chance that a software supplier may go out of business, but many third party suppliers are available. (Councilmember Beauchamp absent after 3:45 P.M.) After evaluating the City's needs, Mr. Scott recommended acceptance of the enhanced program of service level 3. City Manager Zais stated that the consultant's research showed the current system to be comparable' to other municipalities of the same size. It was NEIVED BY BUCHANAN, SECONDED BY SIMS, 'ID ACCEPT THE REPORT.. The motion carried by unanimous voice vote; Beauchamp absent. * 9. CONSIDERATION OF RESOLUTION AUTHORIZING JOINT ACQUISITION OF AIRPORT PROPERTY RESOLUTION N0. D -6001, A RESOLUTION authorizing the execution of a Purchase and Sale Agreement of leasehold and improvements for certain real property located at 2008 West Washington Avenue, Yakima, Washington. * 10. CONSIDERATION OF RESOLUTION AUTHORIZING TRANSFER OF FUNDS FOR RECONSTRUCTION OF CLEAR CREEK DAM RESOLUTION NO. D -6002, A RESOLUTION authorizing disbursement of funds to the United States Department of Interior Bureau of Reclamation for Clear Creek Dam renovations. -4- • OCTOBER 1, 1991 1 7 *11. SECOND READING OF ORDINANCE AMENDING THE 1991 BUDGET AND APPROPRIATING FUNDS FROM EMS FUND FOR PURCHASE OF DEFIBRILLATOR EQUIPMENT . An Ordinance amending the 1991 budget and appropriating funds for the purchase of defibrillator equipment, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3404, AN ORDINANCE amending the 1991 budget for the City of Yakima;, and making an appropriation of $50,000 in the Emergency Services Fund for expenditure during 1991 for purchase of defibrillator equipment. _ 12. SECOND READING OF. ORDINANCE AMENDING THE 1991 BUDGET AND APPROPRIATING .FUNDS.FOR PROPERTY ACQUISITION FOR TRANSIT TRANSFER FACILITY An Ordinance amending the 1991 budget and appropriating funds for property acquisition and relocation costs for the Transit Transfer Facility, having been read by title only at the previous meeting, was brought before, the Council for.a second reading. Councilmember Barnett said he removed this item from the Consent Agenda to ask the factual basis for declaring an "emergency" ordinance. Budget and Finance Director Hanson explained that it is necessary to declare an emergency to amend the budget, and all mid -year appropriation ordinances contain an emergency clause. Public Works Director Copeland clarified that $500,000 was previously approved for property acquisition; an additional $50,000 is designated for relocation costs. Ordinance No. 3405 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT .THE ORDINANCE. The motion carried by unanimous roll call vote; Beauchamp absent, Pechtel temporarily absent. ORDINANCE NO. 3405, AN ORDINANCE amending the 1991 budget for the City of Yakima; and making an appropriation of $550,000 in the Transit Capital Fund for expenditure during 1991 for Transit Transfer Facility land acquisition and relocation costs. *13. FIRST READING OF AN. ORDINANCE ,AMENDING THE 1991 BUDGET AND APPROPRIATING FUNDS FOR HAND -HELD COMPUTER SYSTEM .FOR CODE INSPECTION DIVISION. (NO FORMAL ACTION.REQUIRED THIS MEETING) An Ordinance amending the 1991 .budget and appropriating funds for a .hand- held. computer. system for the Code Inspection Division, having been read by. title only, was. laid on the table for one week, until October 8, 1991. 14. REVIEW OF PIERCE AVENUE /LINCOLN / "B" COUPLET ALTERNATIVE STUDY (PRESENTATION FROM TED BELL, BELL-WALKER ENGINEERS) Engineering and Utilities Director Covell reviewed the consultant's recommendations for alternatives to the Pierce Avenue /Lincoln / "B" -5- 1 8 OCTOBER 1, 1991 Street couplet. Three public meetings were held before the report was compiled. Councilmember Buchanan objected to comments that were attributed to him concerning the impact on bicycle routes. Ted Bell, Bell- Walker Engineers, briefly explained alternatives and offered to answer questions. He noted that the major concerns were the curvature of the eastbound lanes, weaving traffic patterns, narrow lanes and site distance problems. Mr. Bell estimated the project cost at $635,000. ( Councilmember Barnett absent after 4:10 P.M.) Councilmember Buchanan felt this plan would require expensive property acquisition, and that this plan was no better than the present unworkable situation. Councilmember Semon questioned the logic of altering the intersection with the lowest traffic accident rate. He felt the money could be better spent elsewhere, since it appears the neighbors are relatively satisfied with the barriers. Mrs. Freeland, 201 North 7th Avenue, stated that she has attended all of the public meetings, and is frustrated that the City makes decisions without listening to the citizens. Mrs. Freeland did not like the proposal, but had no alternative suggestions. Public Works Director Copeland stated that it is time to plan for future growth in the City and to develop solutions to traffic flow problems. It was the consensus of Council to direct staff to continue to study the situation. 15. STATUS REPORT ON SEWER MAINTENANCE FACILITY DESIGN AT 204 WEST PINE STREET (ORAL PRESENTATION FROM TOM CULPEPPER, ARCHITECT) Architect Tom Culpepper. showed preliminary plans and gave a status report on the new sewer maintenance facility. Councilmember Pechtel stated that improvements should be made to Pine Street before additional heavy traffic is generated. Mr. Culpepper said the plans will be submitted for review later this month, and the project will be ready to bid at the end of the year. He estimated the total construction cost to be in the $700- 800,000 range. 16. OTHER BUSINESS Councilmember Semon asked if Council was interested in supporting the request from the Northeast Yakima Neighborhood Association to construct a bandstand in Miller Park. (Mayor Berndt absent after 4:55 P.M.) City Manager Zais said if the Council is interested in funding this project, it is eligible for a Contingency funding allocation or for a General Fund cash commitment. Councilmember Pechtel supported the idea as an inexpensive way to gain a valuable asset for the park. Public Works Director Copeland presented a rough sketch, and said that his department has used the training program for other projects. It was MOVED BY PECHTEL, SECONDED BY SEMON, TO DIRECT STAFF TO FIND FUNDING TO FINANCE THIS PROJECT. The motion carried by unanimous voice vote; Barnett, Beauchamp and Berndt absent. Councilmember Sims encouraged the Council to look to local civic groups to assist with park projects. Due to a schedule conflict, Councilmember Sims requested a postponement of the meeting with the Economic Development Cuuanittee scheduled for October 10. -6- OCTOBER 1, 1991 1 9 Information Items: Items of information provided to Council were: Notice from State Department of Community Development of inclusion of sanitary sewer project on list to be sent to 1992 Legislature. 9/23/91; Letter from U.S. Department of Housing and Urban Development regarding Yakima Housing Authority's approval for a Comprehensive Improvement Assistance Program grant. 9/20/91; Memorandum from Director of Public Works and Street and Traffic Operations Manager regarding Consideration of Request for 4-Way Stop Signs on 10th Avenue. 9/25/91; Memorandum from Director of Public Works and Street and Traffic Operations Manager regarding Process for Determining Traffic Control Plan for Railroad Pad Replacement Project. 9/26/91; Monthly Annexation Status Report for September 1991; Monthly Rebound Plus Report for September 1991; Superior Court Order to dismiss Yakima County Fire Protection District No. 12 from lawsuit; Agenda for September 25, 1991 Yakima Housing Authority Board meeting and minutes of its July 24, 1991 meeting; and Agenda for September 26, 1991- Air - Terminal Board meeting and minutes of its September 12 & 19, 1991 meetings. 17. EXECUTIVE SESSION It was MOVED BY SEMON, SECONDED BY SIMS, TO ADJOURN TO EXECUTIVE SESSION REGARDING DISPOSITION OF PROPERTY AND PENDING LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO OCTOBER 8, 1991 AT 7:00 A.M., YAKIMA CENTER BOARD ROOM, FOR INFORMAL DISCUSSION AMONG COUNCILMEMBERS. The motion carried by unanimous voice vote; Barnett, Beauchamp and Berndt absent. 18. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at 5:30 P.M. • READ AND CERTIFIED ACCURATE BY: .4(/� I - v ✓`t / *co NCILMEi:ER DATE /'./L" COUNCILMEN I:ER . DATE ATTEST: ,ll • c -fruit: - CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Lovell -7-