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HomeMy WebLinkAbout10/20/1998 Special Business Meeting 275 CITY OF YAKIMA, WASHINGTON OCTOBER 20, 1998 SPECIAL BUSINESS MEETING I/ 1. ROLL CALL The City Council met in a special .session on this date at 2:00 p.m., in Room 231 -232 of the Yakima County Courthouse, Yakima, Washington, Mayor John Puccinelli, presiding.. Council Members Clarence Barnett, Lynn Buchanan, John Klingele, Mary Place, and Bernard Sims present on roll call. Council Member Henry Beauchamp absent and excused. Acting City Manager Rice, City Attorney Paolella, City Clerk Roberts and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE An Invocation was given by Mayor Puccinelli, followed by the Pledge of Allegiance. • 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) • SPECIAL RECOGNITION OF WAYNE PARSLEY Wayne Parsley, Transit Driver, was recognized and congratulated for taking first place honors for 35' buses at the recent International Bus Rodeo in New York. Mr. Parsley, a 16 -year employee, has previously won Operator of the Month nine times, Operator of the Year twice, and is a member of the Million -Mile Club, going 20,000 hours without an accident. 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 consensus of the Council to remove Agenda Items Nos. 9, 12, and 14 from the Consent Agenda. 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 AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF MINUTES OF THE OCTOBER 6, 1998 BUSINESS MEETING The minutes of the October 6, 1998 Business meeting as revised and distributed were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 276 OCTOBER 20, 1998 6. PUBLIC HEARING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON VACATION OF RIGHT -OF -WAY IN VICINITY OF 916, 918 AND 920 FENTON STREET, REQUESTED BY YAKIMA HOUSING AUTHORITY This being the time set for the public hearing, Joan Davenport, Supervising Associate Planner, summarized the application submitted by the Yakima Housing Authority in cooperation with the Rural Housing Organization. This request is to vacate the last 70 feet of Fenton Street, a dead -end street. The applicant is working on a development project to construct seven housing units including three duplexes and a single- family home, along with the necessary improvements for a turn - around at the terminus of Fenton Street. The Hearing Examiner has recommended approval subject to three conditions, which are included in the Examiner's recommendation. The applicant was available to comment about the project. Mayor Puccinelli opened the public hearing and invited comments from the audience. Council Member Klingele noted that the existing four -inch water pipe serving this area is very old and too small, contributing to low fire flow availability. He suggested an eight -inch water main be required, going from the length of Fenton Street all the way onto Union and 10 Streets to provide 2400 gallons per minute (gpm) fire flow availability. Ms. Davenport pointed out that the issues of fire flow and domestic water were discussed with the applicant, and there are a number of different options available. The City Engineering Division has been working with the applicant to determine a solution. Providing fire flow is a building permit requirement for this project, rather than a condition for approval of the street vacation. Ms. Davenport referred this question to the project architect, Tim Monahan. Mr. Monahan explained that the applicant has worked to solve the problem with the existing four -inch line in the street. It is inadequate to meet the new standards. Since there is currently a six -inch line from Union Street to 10 Street, it has been determined that a six -inch loop would be adequate from Fenton, to Union, to 10 Street. An easement from an adjoining property owner has been obtained, and there have been two reviews with the City Water Department to resolve the problem with formal approval of the plans yet to be determined. Mr. Monahan also noted that this option meets fire flow regulations and seems to meet the intent of the fire flow requirement. There being no one else wishing to comment, Mayor Puccinelli closed the public hearing. It was MOVED BY PLACE, SECONDED BY SIMS, TO APPROVE THE VACATION OF FENTON STREET FOR THIS PROJECT AS LONG AS THEY MERGE THE PROPERTIES, PROVIDE FOR A TURNAROUND, AND PROVIDE FOR ADEQUATE FIRE FLOW. The motion carried by unanimous voice vote; Beauchamp absent. 2 277 OCTOBER 20, 1998 • 7. JOINT CITY /COUNTY PUBLIC HEARING TO CONSIDER STATE MANDATED GROWTH MANAGEMENT ACT DEVELOPMENT REGULATIONS /DRAFT Mayor Puccinelli passed the gavel to Bettie Ingham, Chair of the Board of Yakima County Commissioners. Commissioner Ingham called the joint meeting to order and noted the presence of Commissioners Lewis, Flower, and Ingham, Clerk of the Board Sylvia Hijonshia, and Assistant County Prosecutor Terry Austin. Commissioner Ingham outlined the procedure and guidelines for the hearing, noting that the Commissioners will adjourn after discussion of the first seven items. The City Council will remain to gather public comment for the remaining Growth Management issues on the agenda that are specific to the City of Yakima, as well as the rest of the items on the agenda. This being the time set for the j oint public hearing, g joint , P g Commissioner Ingham invited staff to summarize the proposed amendments to the Comprehensive Plan. (1) DRAFT ORDINANCE ADOPTING FUTURE LAND USE MAP, ADOPTING AMENDED FIGURE III -2, AMENDING COMMERCIAL LAND USE DEFINITIONS AND ADOPTING UPDATED TRANSPORTATION PLAN Don Skone briefly highlighted the Regional Planning Commission's recommendations concerning proposed amendments to the Yakima Urban Area Comprehensive Plan. The RPC.' focused on proposed changes to the Future Land Use Map and the Urban Area Zoning Map to be more consistent with each other. However, the Congdon Orchards area is different. Although portions of this property have been designated commercial, industrial, and various residential density land uses on the Future Land Use Map, the Zoning Map does not • reflect any commercial or higher density residential zoning because the majority of'the land uses in this area will develop over time. The RPC also recommends replacing Figure III -2, the Land Use Compatibility Chart, with a totally reformatted chart. Also included for consideration and comment were amended commercial land use definitions to include residential districts, as well as proposed amendments to update the Transportation Plan. In addition to proposed text revisions to the Urban Area I/ Zoning Ordinance and changes to the Future Land Use Map and the Urban Area Zoning Map, Mr. Skone noted that changes are also proposed for the City's Subdivision Ordinance (YMC Chapter 14), Development Standards, a proposed new Regulatory Reform Ordinance (new YMC Chapter 16), Critical Areas Ordinance, a Transportation Capacity Ordinance, and a Planned Development Ordinance. These changes are necessary to implement the Comprehensive Plan. 3, 278 OCTOBER 20, 1998 Commissioner Ingham then invited comments from the audience about proposed changes to the Future Land Use Map and the Urban Area Zoning Map. Cec Vogt, Executive Director of the Yakima Greenway Foundation, reported that the Board of Directors of the Greenway are opposed to the RPC recommended Industrial zoning for the Greenway corridor. They support the, existing Suburban Residential zoning and the Professional Business land use designation assigned to the Greenway Corridor. The Greenway Board considers Industrial zoning to be incompatible with the area. Ms. Vogt pointed out that when mining for the area was suspended, the land was supposed to be used for parks and land oriented recreational facilities. Allowing industrial operations in the Greenway Corridor is neither compatible nor appropriate for the Greenway area. In addition, the Heavy Industrial land use designation is not compatible with the 20 -year vision of the Greenway for this area. After Cec Vogt testified, the following citizens agreed with her comments, speaking against the RPC recommended Industrial zoning, and supporting the idea of using the land involved as a park and recreational area: Jim Whiteside, 3604 West Lincoln Avenue; Jim Stockman, 381 Baker Road; Doug Peters, 1208 Freemont Hills; Lynne Kittelson; Ester Schrader; Isabel Rangle, 402 Alder; Herbert Frank, 204 Lesser Avenue; Gordon Wonder; and Sharon Whyte, 7701 West Lincoln Avenue. Bruce Buchanan, 90 Twin Peaks, indicated that he is one of the property owners of the Buchanan Lake property where the gravel pit is. He feels that a lot of freedom is being taken with the land involved that will be utilized by other people, without much say -so from the property owners. He feels this has to be resolved before zoning is determined. As far as zoning is concerned, Mr. Buchanan said that "He is not too particular about it; industrial is fine; parks and recreation is fine, but it is private property, and it has value, and if you want to utilize this land, somebody's going to have to come up with the price that you are willing to pay for it." Council Member Sims verified with Don Skone that the current zoning of the property involved is SR, Suburban Residential, the proposed recommended land use is Industrial, and the RPC recommends M -2, Heavy Industrial zoning. Betty Gaudette, 701 North 6th Street, objected to both R -2 and R -3 future zoning in Northeast Yakima because there is . 4 279 OCTOBER 20, 1998 no room for expansion. She urged that it be zoned R -1, Single- Family Residential, in Northeast Yakima. Lynne Kittelson, reiterated and supported Betty Gaudette's comments. She referred to the Northeast Neighborhood Plan document, where the whole area was requested by the neighbors to be R -1 zoning and low- density land use. The neighborhood prefers R -1 zoning because multi- family housing would be required to go through the Class 2 review process, and the neighborhood would be able to review any proposal. James Shields supported the previous comments• about the proposed M -2, Heavy Industrial zoning for the Greenway corridor area. He referred to his property on Nob Hill Boulevard, 2.5 acres along the railroad north to Arlington Street. He feels it should be zoned M -2, Heavy Industrial. Council Member Sims requested staff to clarify each request identifying the location of the property and the specific zoning requested by each speaker. James Carmody, spoke on behalf of the family of Mike Mercy and on behalf of Mercy Enterprises, concerning the ongoing rezone request at 16 Avenue and River Road. He requested the process be paralleled with the current environmental process. He also urged appropriate zoning and land uses be mapped to avoid discrepancies on this property until a determination is made in the process. Council Member Barnett requested staff to clarify or explain how Agenda Item No. 14 relates to this property. Mr. Skone explained that it stipulates a date when rezones can be considered under the old Plan versus rezone applications that will come under the new Comprehensive Plan. August 5, 1998 is the date. This rezone predates that and therefore will be considered under the old Plan. Mr. Carmody agreed with that explanation. Verna Wilde provided copies of various letters thanking the Council for designating the Fair Avenue Area as Arterial Commercial. She asked that this area remain designated Arterial Commercial. • I/ Dave Rose, Nob Hill Auto Wrecking, 2609 West Birchfield Road, explained that his family has operated a business at this site for 28 years and he would like to preserve his property rights. Mr. Rose requested his property be assigned an Industrial designation instead of being designated Arterial Commercial. He feels it would then be easier for him to rebuild his business. 5 280 OCTOBER 20, 1998 John Hodkinson, 3710 South 2 requested CDBS zoning and an Arterial Commercial land use designation for the area east of 16 Avenue from "I" Street to "J" Street. He feels the various businesses in this area lend themselves to a CBDS zone. Phil Moultray referred to property on the corner of Tieton Drive and 72 Avenue. He supports the proposed B -2 zoning for segments of his property, including an area 105 feet south of Chestnut. That portion of land is not reflected on the Zoning Map because the property line was recently adjusted to reconfigure parcels. Roy Roberts, 4901 Castleview Drive, requested that the two acres, which he co -owns with Al Decker and are located at 1705 South 72 Avenue, be rezoned R -2. The property is designated on the Future Land Use Map as High Density Residential. They intend to develop 15 condominium units and would prefer to save time by avoiding the extra review process. Susan Erickson, 1310 South 16 Avenue, requested that her property at 7503 Tieton Drive be rezoned R -2 as proposed on the Future Land Use Map so she can appropriately develop this 1.33 acre property. Council Member Sims asked in what sequence would the Future Land Use Map and the Urban Area Zoning Map be considered for adoption. Mr. Skone explained that he would prefer that the Future Land Use Map be adopted first and then the Urban Area Zoning Map because the Zoning Map implements the Future Land Use Map. He pointed out that the two maps are so closely related that it constantly needs to be reviewed for consistency. Commissioner Flower requested clarification of Bruce Buchanan's comments about his preference to zoning and his request for compensation that he made earlier during the hearing. Mr. Buchanan was no longer present at the hearing. Dick Anderwald directed attention to a request for zoning property located at the intersection of 80 Avenue and Nob Hill Boulevard. The property is located in the floodplain and belongs to Dennis Heit. It is parcel number 181329- 33401. Mr. Heit began by selling satellite TV dishes, landscaping stones, and vinyl fencing. He was initially dealt with by the County as a zoning violation. He sought clarification of his business as a home occupation, which went before the Hearing Examiner who denied the application. It came to the Board of Commissioners on appeal and the denial was upheld. Mr. Heit then took his dilemma to the 6 281 OCTOBER 20, 1998 Regional Planning Commission seeking a designation for a commercial use. The proposal at the time was that the property be zoned Professional Business. After hearing testimony, the RPC decided to recommend that the property be zoned as Suburban Residential. Mr. Anderwald explained that the Board of Commissioners feels it is unfair because the applicant was seeking a higher use of his property, and then he comes from the hearing with less than what he started with. The County Commissioners have reexamined the application, and they are recommending that Mr. Heit's property be designated as Professional Office and then zoned as B -1, Professional Business. This would permit Mr. Heit to seek review and establish his business as a conforming r, use. The main issue is not the ultimate outcome of the I1 establishment of the business. It is the fact that the property is in the floodplain and is really not suitable for residential development. Dennis Heit, 1303 South 80"' Avenue., explained that he wants to have his retail sales outlet for stepping stones and his 18" satellite dish. He reported that there is no objection from the surrounding neighborhood. The adjacent properties are businesses. He feels the most appropriate use for his property is business. The property is located on the, southeast corner of the intersection in the vicinity of the Wide Hollow Road. James Carmody, spoke on behalf of Lou Prediletto, the owner of property located at the southeast corner of the intersection of 56 and Summitview Avenues. The northwest corner is the Chalet Mall and the Northeast corner is the Tiger Mart. He would like a rezone consistent with the area. Commercial usage is consistent with other businesses in this area, such as Small Convenience Center. (2) DRAFT ORDINANCE ADDING NEW DEFINITIONS AND PROVIDING ZONING CLASSIFICATIONS FOR AIRPORT - RELATED USES AND PROJECT REVIEW IN OVERLAY DISTRICTS Don Skone summarized the terms to be defined, Airport Industrial, Airport Commercial, and Airport Operations. These uses will be exempt from the Class 2 review process in the Airport Overlay zone after realizing that it was not the I/ intent to require the Airport Overlay Zone to go through the review process. The Airport Board and Airport Management supports this amendment. Commissioner Ingham invited testimony from the audience. There was no one wishing to comment about this issue. • 7 282 OCTOBER 20, 1998 (3) DRAFT ORDINANCE AMENDING THE DEFINITION OF DWELLING, MULTIPLE - FAMILY IN THE MUNICIPAL CODE Don Skone provided a summary of this item to amend the definition of Multi- Family Dwelling. The reason for this change is that there was some discrepancy on how to implement this section. Council Member Klingele asked if the City has had trouble with the definition of family as the Federal Government has experienced. Don Skone noted that there has been trouble with the definition of family. Commissioner Ingham invited testimony from the audience. There was no one wishing to comment about this issue. (4) DRAFT ORDINANCE AMENDING THE OFFICIAL YAKIMA URBAN AREA ZONING MAP AND TABLE 4 -1 Mr. Skone pointed out that most of the comments concerning the Zoning Map have been taken earlier during the hearing, but this item also amends Table 4 -1, the Permitted Land Use Table, within the Urban Area Zoning Ordinance. This table adds the airport uses, eliminates the planned residential designation, and adds planned development. It also allows residential uses within commercial zoning districts. Commissioner Lewis asked for clarification of whether changing the zoning, i.e., in the Fairview area, to Arterial Commercial will impact residential homes in the area. He feels that unless they want to sell their property, which would probably sell for more than if it were zoned Single - Family Residential, it will not impact homes in the area. Don Skone explained that when property is designated as in Commissioner Lewis' example, a residential property designated commercial use, the residential use becomes a nonconforming use that is allowed to continue. In some cases, depending upon the provisions, it is allowed to be reconstructed if it is damaged or destroyed. Commissioner Ingham invited testimony from the audience. There was no one wishing to comment about this issue. Council Member Sims asked if a nonconforming use requires a use permit. Don Skone explained that nonconforming uses operate essentially by right; if they are damaged or destroyed and a hearing is required, then in some instances they have to go through the hearing process to get a permit to reestablish. Council Member Sims indicated that in a nonconforming use, there usually is a use permit process. Mr. Skone explained that the nonconforming use is created by the application of the New Zoning Map. It is preexisting and exempt from any permit or fee. If there is R -1 zoning and it is changed to some other designation wherein it is nonconforming, it is allowed to continue without a permit. 8 283 OCTOBER 20, 1998 Mr. Skone also noted that the proposed changes to Table 4 -1, allow residential uses within a commercial zone. That is a change the RPC is recommending. Commissioner Ingham again provided an opportunity for public comment. There being no one wishing to testify, she directed attention to the next issue. (5) DRAFT ORDINANCE ADDING NEW STANDARDS FOR DEVELOPMENT OF MOBILE /MANUFACTURED HOME PARKS Mr. Skone explained that this is a proposed ordinance relating to mobile /manufactured home parks. There have not been any standards for manufactured home parks in the Yakima Urban Area in the past; however, there has been a process for them; it stipulated where they could occur and under what level of review they had to go through, but there has not actually been any standards that had to be met in terms i of density, lot size, street standards, lighting and things of that nature. The City of Yakima had an instance this year that was somewhat difficult. It was a learning process, and out of that came a proposal for an ordinance that would clarify those standards. He explained that this proposed ordinance establishes standards and criteria for development and expansion of mobile /manufactured home parks within the Urban Area. Council Member Barnett asked if the ten -foot separation between the mobile homes requirement is more restrictive or is a higher standard than what is required by OSHA. Staff will research this and let Council know. Council Member Klingele directed attention to two -story manufactured homes and asked if they were taken into consideration when these standards were drafted. Mr. Skone indicated that was not considered. Commissioner Ingham invited testimony from the audience. There was no one wishing to comment. (6) DRAFT ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO NONCONFORMING USES AND STRUCTURES Don Skone explained this is a proposed ordinance that would change the nonconforming use chapter of the UAZO. If adopted it would allow nonconforming uses, if destroyed beyond 75%, to go through essentially a Class 3 review by the Hearing Examiner. This would permit them to be damaged I/. entirely to 100% and be rebuilt. It takes into consideration medical circumstances where an individual was not continuing a nonconforming use for medical reasons. There has been a lot of discussion about this by the Council, Commission, City staff, and County staff. Copies of the County's Compromise Proposal were provided. 9 2 OCTOBER 20, 1998 Commissioner Ingham opened this issue for discussion and testimony. Council Member Barnett read Policy G2.4 from the Yakima Urban Area Comprehensive Plan. This policy is the reason changes to the nonconforming uses and structures section were proposed by the City Council. That is why the 75% was deleted, and also there was testimony in this regard at a public hearing last year when the issue of the grandfather provision came up. These are the reasons for major differences between the City and the County on this subject. Dick Anderwald agreed with Council Member Barnett's assessment of the policy issue as it relates to proposed changes by the City Council. Mr. Anderwald noted one of the concerns that the County has with the language of Policy G2.4 is that they feel it does not reference nonconforming uses. It refers to all legal existing structures; so that could mean all structures that are compliant under current standards could be rebuilt. He suggested three potential courses of action to resolve this issue, and provided the County's perspective following each choice. The three choices include reviewing and evaluating the Compromise Proposal from the County and adopting it; withdrawing the chapter dealing with nonconforming uses and structures; or adopting the proposal as recommended by the City Council, and the County would do something different. Mr. Anderwald continued with an extensive review of the County's Compromise proposal, explaining additional phraseology as he went through the proposal. Mayor Puccinelli commented that the use must be legal to begin with and then through no fault of the owner, the property has been rezoned. Then insurance concerns come into play, and the owner can't get the value out of his business. Commissioner Ingham invited testimony from the audience. John Hodkinson pointed out that Union Gap requires a review for re- establishing a nonconforming use or structure. Dennis Kelly explained that the RPC relied upon the fact that non - conforming provisions were going to be changing to protect any property owner that may have a zoning issue as a result of the proposed zoning changes. Jerry Henderson spoke in favor of expanded nonconforming provisions from the lenders' and insurance industry's point of view concerning risk assessment. Jerry Sturgill, 2112 Nob Hill Boulevard, asked if the entire Comprehensive Plan is open for public hearing comments. Mr. Skone and Terry Austin explained that there are several • 10 285 OCTOBER 20, 1998 • issues that are open for consideration. Only those items specifically considered by the RPC for change can be amended. If an amendment to a Policy, i.e., Policy G2.4, within the Comprehensive Plan were considered, any proposed changes would have to be referred to the RPC. There was an extensive amount of discussion concerning a work session, which the County suggested, to discuss the differences of the nonconforming uses and structures section. It was the consensus of the group to establish a subcommittee to meet and bring back a compromise within one month. Council Member Klingele listed several examples of existing structures that do not meet building setbacks and would probably not be able to be rebuilt in the same location if curfent building setback requirements had to be met. Keith Hallauer, 7306 Midvale Road, stated his concern about property rights. He urged the City and County to take all the time they needed to resolve the nonconforming uses and structures issue. (7) DRAFT ORDINANCE PROVIDING FOR PLANNED DEVELOPMENT REGULATIONS Mr. Skone said this 'is a new chapter to the UAZO entitled Planned Development. To some extent it replaces the planned residential classification that is currently in the ordinance. This section will primarily provide for mixed - use development and will allow for some density bonuses to be granted under appropriate standards. It will also allow for some development standards to be modified under appropriate circumstances. Commissioner Ingham invited testimony from the audience. No one wished to comment. After a brief discussion about the best possible date to continue this public hearing, it was the consensus of the Council and agreed upon by unanimous vote of the Commissioners, to continue this public hearing to 1/ November 24, 1998, at 2:00 p.m. in the Council Chambers at City Hall. The City Council recessed at 4:20 p.m. and reconvened at 4:30 p.m. (8) DRAFT ORDINANCE ADDING NEW CHAPTERS TO TITLE 12 OF THE MUNICIPAL CODE RELATING TO LAND USE AND DEVELOPMENT REGULATION 11 286 OCTOBER 20, 1998 Mr. Skone explained that development regulations include standards for sewer, water, streets, and sidewalks. Council Member Place' asked a question about the water standard, YMC 12.04.050, concerning water line approval by an engineer. City Attorney Paolella indicated that the requirement is being drafted that a Licensed Professional Engineer (LPE) has to sign water line approval. Mr. Skone directed attention to the new five -foot sidewalk standard proposed for both sides of residential streets. He referred to the Community and Economic Development Committee recommendation to the RPC and the City Council's decision to reopen consideration of the policy within the Comprehensive Plan. Also under consideration is the current sidewalk standard, which has been in effect for many years, that provides for a four -foot sidewalk on one side of residential streets. Both of those requests were referred to the RPC, and the RPC passed the current policy and sidewalk standard on for the City Council to decide. Council Member Barnett noted that many of the sidewalks in Yakima are four -foot wide or less and if the new standard is adopted and Section 12.05.020 was changed to five feet, he asked if those sidewalks would be nonconforming. Then if they need to be repaired would they need to be four feet or five feet wide. City Attorney Paolella explained that this standard would apply to new or reconstructed residential access streets. He noted that the Council could grandfather in existing and reconstructed sidewalks to be repaired at their existing widths. It was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT ALL NEW SIDEWALK CONSTRUCTION WILL BE FIVE FEET AND ALL RECONSTRUCTION OF OLD SIDEWALKS WOULD BE AT WHATEVER THE EXISTING STANDARD WAS AT THE TIME THAT SIDEWALK WAS BUILT. Council Member Place stated if for some reason a whole street is widened or rebuilt, including rebuilding the sidewalk, especially on an arterial, she would like it to conform to the new standards. Acting City Manager Rice cautioned what language is used because there are some areas where there are three -foot sidewalks with telephone poles in the middle of them because that was all this community could afford at the time. Council Member Buchanan stated that on Nob Hill Boulevard we specified how wide the sidewalks were, how wide the street was going to be, and how wide the lanes were going to be. This is probably the way we are going to do it in the future. Eleanor Pearson, 2101 St. Helens Street, commented about the new sidewalk adjacent to their 40 Avenue property that is five feet wide. However, a stop sign has been installed in the middle of the sidewalk at the corner of Castlevale and 12 287 OCTOBER 20, 1998 39 Avenue. People in wheelchairs will have to carefully maneuver around the stop sign. Mayor Puccinelli directed attention to neighborhoods where there are absolutely no sidewalks now, such as Carriage Hill or Hamilton Park and other areas, and asked if a house burns down are these people going to be forced under new construction to put in sidewalks. There was discussion that new sidewalks would be required to be installed in new development. Council Member Buchanan called for a vote on the motion. After a brief discussion about whether to vote on the. motion, there was no action taken on the motion. Jerry Henderson noted that ADA compliance is important with respect to public sidewalks and urged the City to, require ramping of sidewalks at intersections and driveways, particularly accessibility west of 16 Avenue. He feels ramped access should be required and should become part of the ordinance. Gordon Wonder asked why the sidewalk has to be five feet. Staff explained that the Americans with Disabilities Act has specific requirements for sidewalks to _provide for two wheelchairs to pass. Pam Alymer urged the Council to adopt the new standards for five -foot sidewalks on both sides of residential streets. She questioned the recent change where the word shall was replaced with may as indicated in the proposed YMC 12.06.040 concerning bicycle /pedestrian facilities improvements along arterials. Council Member Barnett noted that language was taken out of the Bicycle /Pedestrian Plan. Ms. Alymer requested the change be switched back. Bob Young, 1028 South 33 Avenue, explained that the change was made in response to the ability to pay by the City for public projects. • Neil McClure, 5708 Englewood Avenue, resubmitted his letter of April 15, 1998 to City Clerk Roberts as Exhibit 6. He explained that the Bicycle /Pedestrian Advisory Committee requested that the Yakima Urban Area Comprehensive Plan be reopened to amend Policy T -3.10 to provide sidewalks on both sides of residential and collector streets. Mr. McClure 1/ then referred to development standards for sidewalks and streets and extensively summarized the Committee's recommendations. There was a considerable amount of discussion concerning the lane configuration suggestion Mr. McClure submitted, which would reduce the pavement width of vehicle lanes to allow for bicycle lanes on both sides of the street. Shelley Willson, Supervising Traffic Engineer and Acting Streets and Traffic Manager, explained how 13 288 OCTOBER 20, 1998 intersection design is affected by pavement width changes in street alignment, and other factors that come into play, such as turning radius requirements. Lynne Kittelson supported the request to require sidewalks on both sides of the streets. She pointed out that there are no sidewalks on North 8th Street, and the only place to walk is in the street, especially between 8th Street and G Street. She reported several new houses that have been built that did not put sidewalks in. She asked that be looked into. Ms. Kittelson would like to see Yakima have a more pedestrian friendly environment by adding stronger language in standards for bikeways and pathways. Jerry Sturgill, 2112 Nob Hill Blvd, directed attention to street and sidewalk configurations and asked what happened to the 24 -foot pavement with no gutter and no sidewalks that the City Engineer presented at a recent public hearing. He requested that be put back in as an option for residential streets. Although sidewalks are necessary for safety, the cost factors to develop land and the added cost of new regulations should be taken into consideration. When that happens you start eliminating the possibility of people qualifying for a loan for buying a new home. He feels that is.discrimination against people with low income and elderly people on fixed incomes. He concluded his comments by explaining that he very rarely sees more than two people on the sidewalk. (9) DRAFT ORDINANCE REGULATING SHORT SUBDIVISIONS, SUBDIVISIONS, PRELIMINARY PLATS, FINAL PLATS AND BINDING SITE PLANS, REPEALING TITLE 14 OF THE MUNICIPAL CODE AND ENACTING A NEW TITLE 14 Bob Young spoke about subdivisions and referenced Section 14.20.100(4) and asked how does the developer know what and where the guidelines are. (10) DRAFT ORDINANCE ESTABLISHING REGULATIONS FOR LAND USE AND DEVELOPMENT PERMITS' There was no discussion or public testimony. (11) DRAFT ORDINANCE ADDING NEW CHAPTER TO THE MUNICIPAL CODE RELATING TO CRITICAL AREAS Concerning Critical Areas, Mr. Young referred to a 9/24/98 letter concerning Best Available Science. He asked how are we supposed to know what the definition is and how to comply when the GMA does not define that term. 14 289 OCTOBER 20, 1998 (12) DRAFT ORDINANCE PROVIDING A TRANSPORTATION DEMAND MANAGEMENT STRATEGY Concerning Transportation Capacity, Bob Young feels there is nothing in the ordinance that deals with concurrency. He asked if the builders and developers in this area are going to count on 100% capacity level on any given street. Also, the proposed ordinance does not deal with a method for determining the available traffic capacity, and it also does not list criteria for evaluating a project and does not suggest guidelines for the applicants. If there is criteria for holding open capacity by a developer, while he is waiting for a particular capacity test to be completed and approved, we need to know what that criteria is. It does not appear that this ordinance deals with the potential time limits for determining capacity therefore how long must a developer wait to find out if the proposed project will be able to qualify for capacity. He also requested that the $500 appeal fee be removed. Mayor Puccinelli asked if anyone was present to comment about Regulatory Reform. There was no one wishing to speak. r 8. AUDIENCE PARTICIPATION Delmar Pearson, 2101 St. Helens Street, expressed appreciation for all the hard work of the Council to come into compliance with the GMA regulations. 9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS FOR CDBG FUNDED YOUTH SERVICE PROGRAMS WITH: (1) YAKIMA COUNTY SUBSTANCE ABUSE COALITION (2) YAKIMA YMCA (3) YAKIMA YWCA (4) CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH (5) EPIC (6) CHURCH ON THE MOVE Phil Pleasant, a Black Community Advocate, feels the money being received is not allocated appropriately to the black community and asked the Council to review this process. Resolution No. R -98 -145 having been read by title only, it was MOVED BY SIMS, 1/L SECONDED BY PLACE, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. R -98 -145, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute agreements with six community organizations, to implement projects for Community Services Focused on Youth, included in the 1998 Community Development Block Grant Consolidated Plan. 15 290 OCTOBER 20, 1998 *10. CONSIDERATION OF RESOLUTION RATIFYING APPROVAL OF FIRE WORKS DISPLAY PERMIT AT EISENHOWER HIGH SCHOOL RESOLUTION NO. R -98 -146, A RESOLUTION ratifying and approving a permit application for a fireworks display on October 16, 1998 and waiving the application fee of $50.00 for Eagle Fireworks, Inc., the Eisenhower High School Booster Club, Eisenhower PTSA, and Eisenhower High School ASB pursuant to Yakima Municipal Code Section 10.15.040. *11. SET DATE OF PUBLIC HEARING FOR NOVEMBER 3, 1998 ON LOGAN AVENUE ANNEXATION November 3, 1998 was set as the date of public hearing to consider the Logan Avenue Annexation. 12. SET DATE OF PUBLIC MEETINGS FOR NOVEMBER 3, 1998 ON: *A. CONSIDERATION OF THE HEARING EXAMINER'S RECOMMENDATION ON REZONE OF PROPERTY IN THE VICINITY OF WEST NOB HILL BOULEVARD AND SOUTH 48 AVENUE, REQUESTED BY HOCHREIN AND KELLER November 3, 1998 was set as the date of public meeting to consider the Hearing Examiner's recommendation to rezone property in the vicinity of Nob Hill Boulevard and South 48 Avenue, as requested by Hochrein and Keller. B. CONSIDERATION OF REQUEST TO OPERATE A HELICOPTER LANDING FIELD IN VICINITY OF 401 NORTH FIRST AVENUE, REQUESTED BY WASHINGTON FRUIT AND PRODUCE This item was removed from the agenda because the applicant was not ready yet. *13. APPROVAL OF JULY AND AUGUST 1998 REVENUE AND EXPENDITURE (BUDGET) REPORT The July and August 1998 Revenue and Expenditure (Budget) Report was accepted. 14. CONSIDERATION OF ORDINANCE CLARIFYING LAND USE APPLICATION PROCEDURES Bob Young asked that this item be removed from the Consent Agenda because he was confused as to the dates concerning implementation of the regulations. Staff explained that August 5, 1998 is the date when the Interim Ordinance is applicable. Ordinance No. 98- 45 having been read by title only, it was MOVED BY KLINGELE, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous voice vote; Beauchamp absent. 16 • 291 OCTOBER 20, 1998 ORDINANCE NO. 98 -45, AN ORDINANCE to clarify the applicability of City development regulations and comprehensive plans to land use and development proposals for which a complete application has been filed with the appropriate City department; amending Ordinance No. 98 -29; and providing for related matters. *15. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO PARKING RULES ORDINANCE NO. 98 -46, AN ORDINANCE relating to traffic; amending the rules for parking on Chestnut Avenue, Front Street, 5 Avenue and "A" Street; and amending Sections 9.50.040, 9.50.050, 9.50.070 and 9.50.090, all of the City of Yakima Municipal Code. *16. CONSIDERATION OF ORDINANCE APPROVING THE REZONE OF PROPERTY REQUESTED BY WENDY HOLLINGSWORTH ORDINANCE NO. 98 -47, AN ORDINANCE concerning land use and zoning, rezoning two parcels in the vicinity of 1107 South 18 Street from Two- Family Residential (R -2) to Light Industrial (M -1) and amending the Official Yakima Urban Area Zoning Map accordingly; and granting Class 2 approval, and granting Class 3 approval for use of a third parcel as an amusement park. *17. FIRST READING OF ORDINANCE AMENDING THE 1998 BUDGET AND APPROPRIATING FUNDS IN THE STREET DIVISION FOR GRIND AND OVERLAY PROJECT AND EMPLOYEES RETIREMENT CASHOUT (No FORMAL ACTION REQUIRED AT THIS MEETING) An Ordinance amending the 1998 budget and appropriating funds for the 1998 Grind and Overlay Project and for unexpected costs associated with PERS /Excess Comp for two retirements, having been read by title only, was laid on the table for two weeks, until November 3, 1998. 18. OTHER BUSINESS There was discussion regarding the scheduling of the hearing on the City's Ad Valorem Tax. It was the general consensus of the Council to keep the hearing date of November 3, 1998. Information Items: Items of information provided to Council were: Letter from 1/L Wastewater Manager regarding odor control measures undertaken at Wastewater Treatment Plant. 10/12/98; Report on Damage Claims Filed during the Month of September 1998; Human Resources Division Monthly Status Report for September 1998; City of Yakima Planning Division Assignments Pending as of October 20, 1998; State Department of Ecology Site Register. 10/6/98; and Article from October 13, 1998 Seattle Post - Intelligencer, " City Council to Wrestle with Staffing." 17 292 OCTOBER 20, 1998 19. RECESS UNTIL 7:00 P.M. AT YAKIMA CITY HALL The Council members reconvened the meeting at 7:00 p.m. in the Council Chambers at Yakima City Hall, Yakima, Washington. Council Members present were Mayor John Puccinelli, Clarence Barnett, Mary Place and Bernard Sims. Council Members Henry Beauchamp, Lynn Buchanan and John Klingele were absent and excused. Staff members present were Acting City Manager Rice, City Attorney Paolella, City Clerk Roberts and Deputy City Clerk Skovald. 20. PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS FOR THE CONSOLIDATED PLAN 1999 ONE YEAR ACTION PLAN BUDGET This being the time set for a public hearing to receive public • comments for the Consolidated Plan 1999 One Year Action Plan Budget, Bill Cook, Director of Community and Economic Development, •explained that two hearings are required on our Community Development Block Grant, Program to hear testimony on programs and issues that are eligible for funding with Federal • Community Development Block Grant and HOME funds. The second hearing is scheduled for November 17. He commented that one meeting of the Council's Neighborhood Development Committee has been held. A second meeting is scheduled to be held in the first week of November to review the comments received from the public announcement of the draft program. Mayor Puccinelli opened the public hearing to receive comments from the public. Lynne Kittelson, 305 North 9th Street, stated that as a member of the Northeast Neighborhood Association, she had an opportunity to look at this budget at the Southeast Neighborhood Community meeting. She stated she would like to see another $50,000 or more added to the Economic Development line if it can be found from another program. She is happy that Lincoln /B Street sidewalk improvements are included in the Sidewalk Program. She was concerned that the funds for the rental subsidy at the Southeast Community Center may not be used appropriately. Mr. Cook explained that $15,000 was put into the budget to support community service oriented agencies by subsidizing a portion of the rent at the Southeast Community Center. This program also increases the utilization of the Southeast Community Center. Jerry Henderson, 309 North 35 Avenue, asked several questions pertaining to the Section 108 funding for the Great Western Building. Council Member Sims and Mr. Cook responded to the questions; Mr. Cook related that Section 108 programs have to generate jobs at the ratio of $35,000 per loan per job. 18 293 OCTOBER 20, 1998 Mr. Henderson asked about the budgeted funds for sewer and water and inquired if that program is for low income families to use to connect to the City services. Mr. Miller indicated that is correct; those monies should fund deferred, no- interest, loans for about 25 hook -ups. There would be a lien placed on the property to protect the City. Mr. Henderson also had a question about the administration, wanting to know if this is the City's cost to administer the program or if it includes additional paid staff. Mr. Cook stated that it is primarily for City staff, but it can also be used to pay administrative costs if an outside consultant is hired. Lana Burwell, 2609 % Willow, stated she would like to be included in the area as a designation of targeted neighborhoods for the Community Development Block Grant program. The area she is referencing is the "Castlevale" area. She stated they were annexed about three years ago. Mayor Puccinelli commented that the targeted area is east of 16 Avenue and the area she i t described is west of 16 Avenue. Mr. Cook stated that currently there aren't any projects done west of 16 Avenue except for senior citizens. At Council's direction an area can be added with one proviso; the 1990 census must show that 51% of the families are below 80% of the median. Staff knew this was going to be discussed and began reviewing this with an idea of bringing it back to Council at the November 17 meeting. Council Member Place inquired if the property needs to be contiguous to the existing targeted area. Mr. Cook stated that that we can have multiple target areas; however, he cautioned against having such a large target area that you can't make a concentrated effort to address a particular need. He recommended small areas be added. Mayor Puccinelli suggested there may be other areas in the City that can be eliminated from the targeted area. .Mr. Cook stated that is an alternative also. Mr. Rice suggested that Mr. Cook come back to Council with an area to be considered. Council Member Place asked if there is anything in the rules to prevent Council from picking an area within the targeted area to focus our efforts for a year or so on that area and then move to a different area. Mr. Cook stated there is no prohibition in the regulations to do that. Council Member Place stated that some of the areas may have a greater need and suggested we may want to identify those areas. Mr. Cook stated that information will be available for the November 17 Council meeting. Bill Burwell, 2609 Willow, gave some history of the area's growth and need for water and sewer services. He stated the City should look at their area because the congestion is increasing. Most of the people in this area would like to clean up their neighborhood. OIC has taken a survey showing the residents would like to clean up the area. He stated they want to be included in the targeted area. 19 294 OCTOBER 20, 1998 • Bruce Bullamore, OIC, stated he wanted to give Council some information about the survey to give them a sense of urgency or priority of that area. They surveyed about 200 families from the center portion of this proposed targeted area. They received about 60 responses. He related some of the information from the survey: 69% of the families were below 80% of the median income; 48% were below 50% median income. There is a large number of families using common wells, with six or seven families sharing the same well. They have covenants relating to common maintenance for the wells. In the past, there has been some re- drilling of wells because the wells went dry or became polluted. 58% of the residents responded that they need some type of home repair; particularly, a combination of weatherization and windows. A lot of people said they would like to connect to sewer and water but cannot afford to pay the connection fees. 40% of the families expressed an interest in working themselves to improve the neighborhood; 73% of the 40% said they would support a community council or some type of program to improve their neighborhood. If the City would give these people some encouragement, he thinks the City would see a substantial improvement in the tax base and tax value in that area. The area survey included the area of 16` to Fruitvale, Englewood to a line approximately along the north line of where the old Castlevale . School was located. Mr. Rice commented this is the area that was last annexed and it may be difficult to find the financing for water and sewer connections. This is the next step to bring those basic services to this area. Mr. Bullamore stated that one lady related to him that she had called the State about getting help through the State Home Programs. She was told that because she is outside the targeted area, she is the lowest possible priority. Mayor Puccinelli stated we will see what can be done to get that in the targeted area because he thinks they qualify. Bill Burwell stated that years ago the sewer line came up to service Castlevale School so the major part of the sewer line is already there and this shouldn't be that much of a problem. Lynne Kittelson, 305 North 9t Street, stated they this was discussed at the Southeast meeting. She supports this request because these people are interested in improving their area and want to start a neighborhood association. Bill Cook stated they are proposing in the 1999 budget a city- wide sewer and water connection program, but do not have funds to install mains. Mr. Rice stated there may be some revenue from other sources, like what was used in the Railroad Area. Council Member Place commented there are a lot of graveled streets in that area, too. 20 295 OCTOBER 20, 1998 There being no other citizen wishing to come forward to give testimony, it was MOVED BY SIMS, SECONDED BY BARNETT, TO CLOSE THE PUBLIC HEARING. The motion carried by unanimous voice vote; Beauchamp, Buchanan and Klingele absent. 21. ADJOURNMENT TO NOVEMBER 3, 1998 AT THE POLICE STATION /LEGAL CENTER - 2 14D FLOOR CONFERENCE ROOM AT 7:30 A.M. - 9:00 A.M. REGARDING GMA HEARING FOLLOW -UP I , It was MOVED BY SIMS, SECONDED BY PLACE, TO ADJOURN, AT 7:25 P.M. TO NOVEMBER 3, 1998 AT THE POLICE STATION /LEGAL CENTER 2 FLOOR CONFERENCE ROOM AT 7:30 A.M. TO 9:00 A.M. TO DISCUSS GMA HEARING FOLLOW -UP. The motion carried by unanimous voice vote; Beauchamp and Klingele absent. READ AND CERTIFIED ACCURATE BY: T -9 COUNCIL MEMBR DATE u . ii COUNCI ' MBER DATE ATTEST: /<0 -�- 17— 2 _ 1 it A CITY CLERK c- JOHN PUCCINELLI, MAYOR I r . Minutes prepared by Deputy City Clerk Skovald and City Clerk Roberts. An audio and videotape of this meeting are available in the City Clerk's Office I " 21