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HomeMy WebLinkAbout07/07/1998 Business Meeting 181 CITY OF YAKIMA, WASHINGTON JULY 7, 1998 BUSINESS MEETING I/ 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 John Puccinelli, presiding. Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, Mary Place, and Bernard Sims present on roll call. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. • 2. INVOCATION /PLEDGE OF ALLEGIANCE Mayor Puccinelli gave an Invocation and led the audience in the Pledge of Allegiance. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Mayor Puccinelli read a proclamation declaring July 24, 1998 as National Parent's Day. The proclamation was presented to Linda Slegel, Yakima Valley Memorial Hospital. 4. CONSENT AGENDA Mayor Puccinelli 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 the general consensus of the Council to remove the minutes of April 7, 1998 from the agenda; remove Item No. 16 from the Consent Agenda; and amend Item No. 18 to set a date of public meeting for July 21 1998 to consider an ordinance establishing Growth Management Comprehensive Plan development regulations on an interim basis. 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 ADOPTED. 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.) 182 JULY 7, 1998 *5. APPROVAL OF MINUTES OF THE MARCH 17, AND APRIL 7, 1998 ADJOURNED MEETING& AND JUNE 23, 1998 BUSINESS MEETING The minutes of the March 17, 1998 Adjourned Meeting and June 23, 1998 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. YARD OF THE MONTH RECOGNITION Following a video showing the yards of the month, certificates were presented to the following Yard -of -the Month recipients: Zone 1, Northwest: Tony & Norma Covall, 3306 Barge Zone 2, Northeast: Jill and Terry Meloy, 716 N. 2 Street Zone 3, Southwest: Mia Crimin, 222 South 18 Avenue Zone 4, Southeast: Belva Dean, 614 South 6 Avenue 7. PUBLIC MEETING TO CONSIDER REZONE OF PROPERTY AT 3700 FAIRBANKS, REQUESTED BY ROBERT SCHWERDTFEGER (PLEASE BRING MATERIAL PREVIOUSLY DISTRIBUTED) This being the time set for the public meeting, `Dan Valoff, Associate Planner, described the location of the property considered for rezoning as being on the north side of Englewood, just east of 37 Avenue. The applicant does not have specific plans for this property but wants to develop it in the future as some type of B -1 zoned use, such as a professional office building. The Hearing Examiner recommendation is to approve the application with a • restrictive covenant running with the land to prohibit access onto Englewood Avenue. After staff responded to • questions from the Council, the Mayor opened the public meeting for testimony. Robert Harrison, developer of Villa Messina located in the vicinity of the applicant's property, did not speak in opposition to the rezone; however, he was opposed to allowing access onto 37 Avenue. He stated that vehicle noise would be generated by the vehicle start /stop motions. He also pointed out that access from Fairbanks would be adequate for a parcel that size. Another factor is that since he was denied access to 37 Avenue when he developed Villa Messina, any subsequent development should also be denied access onto 37 Avenue in order to be fair. Bob Schwerdtfeger, applicant, stated his belief that the 37 Avenue access might be necessary for emergency services when this property is developed. He gave the history of his attempt to sell the property, which had not been successful until he filed for this rezone. Bill Almon, real estate 2 183 JULY.,7 1998 broker for the applicant, spoke about the need for additional B -1 property in the west side of the City. He suggested that no action be taken to deny access onto 37 Avenue until this property is in the development stage and the use of this property has been designed. The issue of denying access to 37 Avenue was debated and it was subsequently MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION WITH THE RESTRICTION TO NOT ALLOW ACCESS ONTO ENGLEWOOD AVENUE. Mr. Valoff confirmed that access to.37 Avenue was denied to the Villa Messina development when it was zoned R -3 for multi - family use, a greater density use than B -1. It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO AMEND THE MOTION BY ADDING THE WORDS AFTER PROHIBITING ACCESS TO ENGLEWOOD AVENUE AND 37 AVENUE. The motion carried by 4 -3 voice vote; Barnett, Beauchamp, Buchanan and Klingele voting aye; Place, Puccinelli and Sims voting nay. The question was called for a vote on the motion as amended. The motion carried by unanimous voice vote. 8. PUBLIC HEARING TO CONSIDER DEVELOPMENT AGREEMENT FOR REZONE OF PROPERTY AT 2108, 2110 AND 2202 WEST LINCOLN AVENUE (REQUESTED BY FREDERICK BARTRAM, RODNEY TRAVIS AND MILDRED SONSALLA) (PLEASE BRING MATERIAL PREVIOUSLY DISTRIBUTED) Bruce Benson, Associate Planner, reminded Council that at the conclusion of the June 2 public meeting, Council asked for a hearing on a development agreement. There are four issues: 1) rezone of the property; 2) class 2 review for the clock repair /sales business in a B -1. zone; 3) travel movement for parking within the property limits for the clock business; and 4) building height restriction. The Hearing Examiner recommended the rezone from R -3 to B -1. The development agreement addresses the issues in permitting a current business to operate on one of the lots. Concerning the vehicle movement, staff review of the new site plan for the clock business indicates that all vehicles can exit the property without backing onto Lincoln Avenue. Referencing the requested height restriction, Mr. Benson stated that the current R -3 zoning and the proposed B -1 zoning limit building heights to 50 feet. He explained that converting the use to B -1 increases the parking requirement by 250% and this property is not large enough to meet the requirements to build an office building. He agreed that the restriction can be added to the development agreement if that is Council's desire. Mayor Puccinelli opened the public hearing to take testimony. Tom Edwards, property owner of the lot south of this rezone, requested a building • 3 E3 it JULY 7, 1998 height restriction of 15 feet be placed on the site plan for Mr. Bartram's property. He informed Council that he had measured most of the buildings along Lincoln Avenue and generally the buildings measured approximately 15 feet high. Rick Bartram, applicant, commented that he has no plans for that property in the future; however, the long term Comprehensive Plan shows this property as a B -1 zone. A B -1 zone allows a building height of 50 feet, as does the current zoning of R -3. He noted that Mr. Edwards' property is 20 feet above his property and looks into his, back yard and he doesn't know what the difference would be if his building height is such that it is level with Mr. Edward's property. A 15 -foot height restriction is not imposed on other property in the area and it would be unfair to place that restriction on his property. Discussion ensued about the building height restrictions that would occur due to the size of the property and the development standards. It was MOVED BY SIMS, SECONDED BY PLACE, TO CONTINUE THIS HEARING TO AUGUST 4, 1998 SO WE CAN UNDERSTAND WHAT THE MAXIMUM HEIGHT WOULD BE PER THE STANDARDS HE CAN DEVELOP ON B -1 AS FAR AS PARKING RESTRICTIONS ARE CONCERNED. The motion carried by voice vote. 9. AUDIENCE PARTICIPATION Mayor Puccinelli acknowledged the presence of Boy Scouts in the audience, earning merit badges for citizenship in the community. 10. CONSIDERATION OF RESOLUTION AUTHORIZING APPLICATION TO INTERAGENCY FOR OUTDOOR RECREATION (IAC) FOR THE YAKIMA GREENWAY Joan Davenport, Supervising Associate Planner, advised Council that this project would not be competing with the Chesterley Park application for funding from the IAC that • was submitted recently. This grant would be used to purchase sensitive land for habitat preservation. The required local match would be met by using other property donated for this project. Cec Vogt, Yakima Greenway Foundation Director, stated that as a non - profit agency they cannot directly receive funds from the State, thus, the partnership proposal with the City. She outlined the scope of the project. The IAC has separate grants for parks and recreation and for wildlife conservation. She addressed the question posed by Council Member Klingele about the Spring Creek acquisition being in Union Gap. Resolution No. R -98- 98 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION. The motion carried by unanimous voice vote. 4 185 JULY',7, 1998 RESOLUTION NO. R- 98 -98, RESOLUTION authorizing the Yakima City Manager to sign a grant application for funding assistance from the Interagency for Outdoor Recreation ( "IAC ") Washington Wildlife & Recreation program for property acquisition in coordination with the Yakima Greenway as provided for in RCW 43.98A.• • *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH SPEC. RESCUE • INTERNATIONAL TO PROVIDE RESCUE TRAINING TO THE FIRE DEPARMENT RESOLUTION NO. R- 98 -99, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a professional services agreement with Spec. Rescue International for confined .space rescue training services. *12. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR AUGUST 13, 1998 ON VACATION OF A PORTION OF FENTON STREET REQUESTED BY THE YAKIMA HOUSING AUTHORITY RESOLUTION NO. R -98 -100, A RESOLUTION fixing time.for public hearing before the Hearing Examiner on August 13, 1998, on a petition to vacate the easternmost'70 feet of Fenton Street, in the vicinity of 920 Fenton Street. *13. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR AUGUST 27, 1998 ON VACATION OF ALLEY RIGHT -OF -WAY BETWEEN 7 AND 8 STREETS REQUESTED BY YAKIMA NEIGHBORHOOD HEALTH SERVICES RESOLUTION NO. R -98 -101, A RESOLUTION fixing time for public hearing before the Hearing Examiner on August 27, 1998, on a petition filed with the City Clerk by Yakima Neighborhood Health Services to vacate an alley right -of -way mid -block between East Yakima and East Chestnut Avenue and South 7th and South 8th Streets. *14. APPROVAL OF FINAL CONTRACT PAYMENT AND ACCEPTANCE OF THE YAKIMA CENTER PROJECT AS SUBSTANTIALLY COMPLETE (STANDARD • MOTION V -E) The report from the City's consultant architect, TRAHO Architects, dated June 30, 1998, with respect to the substantial completion of the work on the Yakima Center Expansion project, performed by Huylar Construction, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 5 1 86 JULY 7, 1998 *15. NOTICE OF INTENT TO COMMENCE PROCEEDINGS FOR LOGAN AVENUE ANNEXATION (STANDARD MOTIONS A E. B) July 7, 1998 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Jacob and Elizabeth Rufer, Debra Corning and Mike McLean. The annexation proposed by the above parties was accepted by the City of Yakima, and the area to be annexed was required to assume its share of the City's existing . indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. 16. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR NOISE BARRIER WALL /FENCE AT 6214 SUMMITVIEW AVENUE, REQUESTED BY GREGORY AHMANN Council Members Klingele, Buchanan and Place spoke against approving this right -of -way use permit because Summitview is a major arterial and the right -of -way may be needed in the future for street expansion. It was pointed out by Council Member Sims that the permit is renewed annually and if needed, the City could deny the renewal. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO APPROVE THE RIGHT -OF -WAY USE PERMIT. The motion carried by 4 -3 voice vote; Buchanan, Klingele and Place voting nay. *17. APPROVAL OF MAY 1998 REVENUE AND EXPENDITURE (BUDGET) REPORT The May 1998 Revenue and Expenditure (Budget) Report was accepted. *18. CONSIDERATION OF SET DATE OF HEARING TO CONSIDER ORDINANCE ESTABLISHING GROWTH MANAGEMENT COMPREHENSIVE PLAN DEVELOPMENT REGULATIONS ON AN INTERIM BASIS (AVAILABLE MONDAY) This item was placed on the Consent Agenda after changing it to set a date of public meeting. July 21, 1998 was set as the date of public meeting to consider an ordinance establishing growth management comprehensive plan development regulations on an interim basis. *19. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING IRRIGATION SERVICE AND CAPITAL CHARGES ORDINANCE NO. 98 -25, AN ORDINANCE relating to irrigation service and capital charges; amending Chapter 7.24.120 of the Yakima Municipal Code. • 6 187 JULY 7., 1998 *20. CONSIDERATION OF ORDINANCE REZONING PROPERTY AT 1107 CORNELL AVENUE REQUESTED BY JAMES TWEEDY ORDINANCE NO. 98 -26, AN ORDINANCE concerning land use and zoning, rezoning one parcel in the vicinity of 1107 Cornell Avenue from Two - Family Residential (R -2) to Local 'Business (B -2) and amending the zoning map of the Yakima Urban Area accordingly; and granting Class 2 approval for continued use of the parcel for parking and outdoor storage. / *21. FIRST READING OF ORDINANCE AMENDING THE 1998 BUDGET AND APPROPRIATING FUNDS FOR GRANT FUNDING FOR PREVENTING YOUTH VIOLENCE (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1998 budget and appropriating funds from a grant to develop a strategic planning process to prevent youth violence and to develop strategic goals, having been read by title only, was laid on the table for two weeks, until July 21, 1998. 22. OTHER BUSINESS Don Skone, Planning Manager, gave a report on the implementation status of the Growth Management Act requirements. The Transportation Concurrency Plan will be heard by the Planning Commission on July 20 and be incorporated into the August 4 hearing at the Yakima Center. Information Items: Items of information provided to Council were: Notice of Capital for a Day — town meeting and picnic with Governor Gary Locke on July 15, 1998; News Release regarding 4 of July Celebration Shuttlebus Service. 6/30/98; Agenda for July 9, 1998 Conference of Governments MPO /RTPO TAC meeting and minutes of its June 11, 1998 meeting; Agenda for the July 6, 1998 Regular Meeting of the Charter Civil Service and Police & Fire Civil Service Commissions and Minutes from the June 1, 1998 Joint Meeting; and City of Yakima Planning Division Assignments Pending as of July 7, 1998. 23. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING /PROSPECTIVE ' LITIGATION It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING COLLECTIVE BARGAINING /PROSPECTIVE LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. 7 188 JULY 7, 1998 24. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 4:30 p.m. 7 V r� - READ AND CERTIFIED ACCURATE BY:_i,tf� �_ 1 COUNCIL ME : • DATE laMilA Z1) PV 7Frf�a{�!'�e `��y . DATE ATTEST: CITY CLERK JOHN PUCCINELLI, MA OR An audio and video tape of this meeting are available in the City Clerk's Office. 8