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Home My WebLink About06/17/1997 Business Meeting 336 CITY OF YAKIMA, WASHINGTON JUNE 17, 1997 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 Lynn Buchanan, presiding. Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger, John Klingele, John Puccinelli, and Bernard Sims present on roll call. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Buchanan. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS • CASEY FAMILY PROGRAM WEEK Mayor Buchanan read a proclamation declaring June 22 - 28, 1997 as Casey Family Program Week in celebration of their 25th anniversary in the City. • WINIFRED TEMPLE DAY This proclamation was not read. • FRATERNAL ORDER OF EAGLES DAYS Mayor Buchanan read a proclamation declaring June 18 - 21, 1997 as Fraternal Order of Eagles Days. 4. SPECIAL PRESENTATION REGARDING PEOPLE SMART TRANSPORTATION TOUR Representatives from NowBike and A11 -Trans Coalition gave a presentation regarding their efforts to obtain information from citizens about what is wanted in the area of transportation for the State transportation funding program. 5. CONSENT AGENDA Mayor Buchanan referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. It was reported that Item No. 11 was removed from the Agenda. It was the general consensus of the Council to remove Item No. 6 from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY KLINGELE, SECONDED BY BARNETT, THAT THE CONSENT AGENDA, AS AMENDED, BE ADOPTED. The motion 387 JUNE 17, 1997 carried by unanimous roll call vote. (Subsequent paragraphs preceded' by an aster'isIC( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 6. APPROVAL OF THE MINUTES OF THE JUNE 10, 1997 SPECIAL I/ BUSINESS MEETING It was MOVED BY KLINGELE, SECONDED BY BARNETT, TO AMEND THE MINUTES OF THE JUNE 10, 1997 SPECIAL BUSINESS MEETING TO REFLECT THAT COUNCIL MEMBER BARNETT WAS ABSENT AND COUNCIL MEMBER BERGER WAS PRESENT. The motion carried by unanimous voice vote. The minutes were then approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 7. AUDIENCE PARTICIPATION' • There was no one from the audience wishing to comment. 8. PUBLIC HEARING TO CONSIDER RELEASE OF DEEDED PUBLIC UTILITY EASEMENT FOR CRYSTAL LINEN IN THE VICINITY OF 918 AND 930 NORTH 5TH AVENUE This being the time set for the public hearing, Joan Davenport, Supervising Associate Planner, described the request to release the public utility easement located on the Crystal Linen property in the vicinity of 5th Avenue and "I" Street. Referring to the location of the easement on the site plan map, Ms. Davenport noted that the easement release will not affect any of the curbs, sidewalks or other public improvements "''''Cryst'al Linen has worked with the utilities to redesign a location; however the final responsibility belongs to Crystal Linen to pay to relocate the Cascade Natural Gas line and the PP &L line. The staff recommendation is for Council to adopt the resolution authorizing the City Manager to sign the Quit Claim Deed of the existing easement. Mayor Buchanan opened the public hearing and invited public testimony. Leonard Frail, a Structural Engineer speaking on behalf of Crystal Linen, reported a utility relocation proposal to move the Cascade natural Gas line will be forthcoming. He noted that the power lines will not be relocated since they are already within the right -of -way. I/ There being no one else wishing to comment, Mayor Buchanan closed the public hearing. Resolution No. 97- having been read by title only, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 97 -85, A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute a Quit Claim Deed releasing a public utility easement. 2 333 JUNE 17, 1997 9. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION ON A REZONE REQUESTED BY TIM MONAHAN FOR PROPERTY LOCATED AT 5110 TIETON DRIVE This being the time set for the public meeting, Joan Davenport, Supervising Associate Planner, reviewed portions of the request to rezone property from M -1 to B -2. The property is located at 5110 Tieton Drive. Ms. Davenport directed attention to the complexity of the site plan, explained portions of the proposed development, and then described the traffic situation in the area. The staff recommendation is to approve the rezone without conditions. The Council asked questions about parking, and Ms. Davenport reported parking would be more than adequate for the proposed business. Council Member Puccinelli expressed his desire to have a planned unit development along with rezone applications. Ms. Davenport reported the Hearing Examiner provided some site specific approvals. After discussion among Council members and staff concerning proposals that change to a totally different project and the upcoming site specific planned unit development requirement for rezone applications, Mayor Buchanan opened the public meeting and invited testimony from the public. There being no one wanting to speak, he closed the public meeting. It was MOVED BY BARNETT, SECONDED BY SIMS, TO APPROVE THE REZONE REQUEST AND TO DIRECT LEGAL STAFF TO PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous voice vote. 10. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION ON A MASTER APPLICATION BY OIC FOR REZONE AND SUBDIVISION OF PROPERTY IN THE VICINITY OF WILLOW AND NORTH 27TH AVENUE Council Member Beauchamp excused himself and left the room during consideration of this item because of his affiliation with OIC. This being the time set for the public meeting, John Elsden, Senior Project Planner, summarized portions of the staff report on the Master Application submitted by OIC. The application includes a request to rezone 3.27 acres from R -1 to R -2, a Preliminary Long Plat Application to create fifteen lots, and a Preliminary Short Plat Application to create four lots for single family residential development. Mr. Elsden pointed to the location of the proposal on the site plan map and explained the short plat in relation to the long plat. Mr. Elsden also pointed out the location of the easements and identified the parcels included in the rezone request but not platted for housing. He and urged the Council to accept the Hearing Examiner's recommendation to approve the Rezone request. The Council asked various questions and there was a considerable amount of discussion about the master application including whether any street vacation is involved, whether 28th Avenue was intended to be extended, and how the various parcels will have access. 3 389 JUNE 17, 1997 Mayor Buchanan opened the public meeting and invited testimony from those 'in favdr`'' of . the request. Chris Link, speaking on behalf of OIC, provided background information about the property which consists of four separate parcels. He described the condition of the property before development was planned and indicated the property was landlocked and had incompatible landuses associated with it. OIC plans to build affordable housing on this property for low and moderate income families. Mr. Link reported he had been approached by Hector Franco who is interested in deeding a portion of the property to the City to extend 28th Avenue. He explained he did not want to change the proposal because there is not enough time to consider Mr. Franco's proposal. Tom Upton, a surveyor speaking on behalf of OIC, spoke in favor of the project. He provided a brief history about the property, answered questions about limitations of the property, as well as access,_ and existing easement accommodation; Mr. Upton also described how the various parcels would be consolidated for development of the property. Hector Franco, 815 North 28th Avenue, proposed that OIC deed a portion of property and his family would deed a portion of property to facilitate the extension of 28th Avenue. He feels the current easement configuration is no longer compatible in this area and there should be a street. He urged the Council.to request this as part of the requested subdivision. There was discussionabouttthe utility easements, property restrictions, and access out to Willow Street. There being no one else wishing to comment, Mayor Buchanan closed the public meeting. There were comment's and questions and procedural explanation. After City Attorney Paolella explained the options available to the Council as it relates to its decision, it was MOVED BY BARNETT, SECONDED BY PUCCINELLI, TO APPROVE THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by 5 -1 roll call vote; Klingele voting nay; Beauchamp absent. 11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH THE CITY OF SUNNYSIDE TO MANAGE A DEVELOPMENT LOAN FUND FOR MINORITY AND WOMEN -OWNED BUSINESS LENDING INITIATIVE PROGRAM This item was removed from the Agenda; the City of Sunnyside did not approve this agreement at their June 16 meeting. 4 • 390' JUNE 17, 1997 *12. CONSIDERATION OF RESOLUTION AUTHORIZING TEMPORARY CLOSURE OF PORTION OF SPRING CREEK ROAD AND WASHINGTON AVENUE FOR THE AIR FAIR RESOLUTION NO. R- 97 -86, A RESOLUTION authorizing temporary closure of portions of 16th Avenue, Spring Creek Road, and Washington Avenue for the 1997 Yakima Air Fair. *13. SET DATE OF PUBLIC HEARINGS FOR JULY 1, 1997: A. RESOLUTION SETTING DATE OF HEARING FOR SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM RESOLUTION NO. R- 97 -87, A RESOLUTION fixing the time and place for hearing on the Six Year Transportation Improvement Program for the period of 1998 through 2003. The date of hearing was set for July 1, 1997. B. LEWIS AND CLARK ATHLETIC FIELD ANNEXATION July 1, 1997 was set as the time of public hearing on the Lewis & Clark Athletic Fields annexation. C. PIERCE STREET AND SOUTH 10TH AVENUE ANNEXATION July 1, 1997 was set as the time of public hearing on the Pierce Street and South 10th Avenue annexation. *14. APPROVAL OF MAY 1997 REVENUE AND EXPENDITURE REPORT The May 1997 Revenue and Expenditure (Budget) Report was accepted. *15. CONSIDERATION OF ORDINANCE EXTENDING TERM OF NON - EXCLUSIVE FRANCHISE WITH TCI CABLEVISION OF YAKIMA ORDINANCE NO. 97 -40, AN ORDINANCE relating to franchises; amending Subsection 2.2 of Ordinance No. 93 -115; and extending the term of the non - exclusive franchise with TCI Cablevision of Yakima, Inc., one year, from 15 to 16 years from the effect date of ordinance No. 93 -115. *16. CONSIDERATION OF LEGISLATION RELATING TO ACQUAVELLA LITIGATION: A. RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH PRESTON, GATES & ELLIS AND BLACK AND VEATCH FOR DEVELOPMENT OF IRRIGATION RATE UTILITY MODEL RESOLUTION NO. R- 97 -88, A RESOLUTION authorizing execution of a contract among Preston Gates and Ellis LLP, and with Black & Veatch for financial management services relating to the City's position in litigation. 5 391 JUNE 17, 1997 B. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH PRESTON GATES- ' &' ELLIS 'AND CH2M HILL FOR ENGINEERING CONSULTING SERVICES RELATED TO LITIGATION RESOLUTION NO. R- 97 -89, A RESOLUTION authorizing execution of a contract with Preston Gates and Ellis I/ LLP, and with CH2M Hill for engineering services for the analysis of water supply issues relating to the City's position in litigation. C. FIRST READING OF ORDINANCE AMENDING THE 1997 BUDGET AND APPROPRIATING FUNDS FOR ACQUAVELLA /PROFESSIONAL SERVICE COSTS (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1997 budget and appropriating funds for Acquavella water rights litigation and professional service costs, having been read by title only, was laid on the table for two weeks, until July 1, 1997. 17. OTHER BUSINESS Council Member Puccinelli called attention to the Foreign Trade Zone (FTZ) situation and pointed out that $30,000 was approved during the Budget for the FTZ. Since then the FTZ has been eliminated, but a $7,500 bill remains. Because Yakima County and the City of Yakima were partners in this program, and because the County has already paid $3,750; Council Member Puccinelli urged the Council's support to pay the City's share of that "final bill. It was MOVED BY SIMS, SECONDED BY KLINGELE, TO PAY THE BILL FOR $3,700. The motion carried by 4 -2 voice vote; Berger and Beauchamp voting nay; ? was absent. After a brief discussion about the vacancy, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO NOMINATE TOM GATES TO THE PARKS AND RECREATION COMMISSION TO FILL THE VACANCY LEFT BY BEAU HEPLER. The motion carried by unanimous voice vote. City Manager Zais reported the AWC conference provides three voting delegates for the upcoming meeting, and he, Mayor Buchanan, and Assistant City Manager Rice have requested to be the voting delegates. It was MOVED BY BERGER, SECONDED BY PUCCINELLI, TO DESIGNATE THE VOTES TO GLENN RICE, DICK ZAIS, AND LYNN BUCHANAN. The motion carried by unanimous voice vote. Mayor Buchanan noted that the topic of a large cities council for cities of 60,000 or above will be I/ discussed at this conference. Information Items: Items of information provided to Council were: Summary of Significant Changes to the Growth Management Act by the 1997 Washington State Legislature Relevant to Cities and Urban Growth Areas (ESHB 6094); Letter from Washington State Department of Transportation regarding Proposed Radio Tower Construction. 6/9/97; 6/6/97 Memorandum from Legal Department regarding Damage Claims Filed During the Month of 6 392 JUNE 17, 1997 May 1997; Assignments Pending in Office of Environmental Planning as of June 17, 1997; Minutes of the April 1, 1997 Yakima county Substance Abuse Coalition; and Article from April 1997 American City & County, "The White Stuff - It Can Cost Plenty of Green and Leave Budgets in the Red." 18. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION (JOHNSON PROPERTY /OTHER NON - JUDICIAL DEED OF TRUST FORECLOSURES) AND PROPERTY ACQUISITION (PLEASANT) It was MOVED BY PUCCINELLI, SECONDED BY KLINGELE, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PROPERTY ACQUISITION AND PROSPECTIVE LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. 19. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 3:57 p.m. READ AND CERTIFIED ACCURATE BY: AO --- �i.� / / • NCI MEM:ER, DATE s0 -- .ik 2 CO CIL M a: R DATE ATTEST: CITY CLERK // YNN BU HANAN, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are available in the City Clerk's Office • 1 7