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HomeMy WebLinkAbout11/17/1998 Business Meeting 317 CITY OF YAKIMA, WASHINGTON NOVEMBER 17, 1998 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, Mayor Pro Tem Mary Place, presiding, Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, and Bernard Sims present on roll call. Mayor John Puccinelli absent and excused. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE Mayor Pro Tem Place gave an Invocation, followed by the Pledge of Allegiance led by Council Member Buchanan. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council Member Klingele advised that there is a tour of Pacific Power's facilities on 16 Avenue arranged for Wednesday, November. 18 at 2:00 p.m. to review how they are handling the Y2K issue. 4. CONSENT AGENDA Mayor Pro Tem Place referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. 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, Puccinelli 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 NOVEMBER 3, 1998 COUNCIL BUSINESS MEETING The minutes of the November 3, 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. 318 NOVEMBER 17, 1998 6. PUBLIC • MEETING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION ON THE REZONE OF PROPERTY IN THE VICINITY OF WEST NOB HILL BOULEVARD AND SOUTH 48 AVENUE, REQUESTED BY HOCHREIN AND KELLER (CONTINUED FROM 11/3/) This being the time set for a public meeting on the Hochrein /Keller rezone, Council members declared no exparte contact with the exception of Mayor Pro Tem Place who had visited the site. • Joan Davenport, Supervising Associate Planner, reviewed the rezone request of two parcels consisting of approximately 13% acres south of Nob Hill Boulevard and east of South 48 Avenue from SR, Suburban Residential, to R -3, multi - family. She advised this is a non - project specific rezone request and that the Hearing Examiner approved it subject to the condition of providing a dedicated access easement or right- of -way. She also informed the Council that a Mitigated Determination of Nonsignificance was issued by the City of Yakima concerning access. Neither of these parcels has direct access with the exception of fifty feet of the Keller property. Mayor Pro Tem Place opened the meeting to receive public testimony. Ardella Stafford, 4909 W. Viola, asked what would go on this property and voiced concern about her property value being reduced should low income housing be put there. She also stated the need for a fence to keep children from her open area and protect them from access to the creek. Mayor Pro Tem Place explained that this is a non - project specific rezone at this time. At Council Member Sims' request, Ms. Davenport advised that an R -3 zone allows for a wide variety of housing types in excess of 12 units an acre. She explained that when a project is proposed it will require SEPA review and upon filing for a development application the neighbors would be given notice of a public review. • Ron Knight, 4605 Avalanche, stated concern about approving the rezone prior to having the access issue resolved. Dennis Klingele, 5106 W. Viola, expressed his concern about the wide variety of uses allowed under the R -3 category and suggested the approval be delayed until a project is identified and issues of access, streets, and utilities are resolved. 2 319 NOVEMBER 17, 1998 Bill Hordan, 410 N. 2 Street, the planning consultant hired by Mr. Keller and Mr. Hochrein, explained the circumstances behind the non - project specific request. He stated they would like to relocate the Yakima Valley Transit abandoned railroad right -of -way as well as relocate the 30' access easement onto 48 Avenue. He also said they would be willing to limit the height of any building on the south property line to a 35' maximum. In response to comments regarding the dedication of the 50' portion onto Nob Hill Boulevard he said that would occur as part of a plat. Rich Hochrein, Summit Crest Construction, listed many of the projects they have built in West Valley as examples of the type of work they do. They build moderate to upper -end priced housing units. He said he has had many calls with people looking for property on the bus route which this property is. He assured Council that development on this property is not going to be mobile homes, that it will be stick framed, multi - family buildings. He also -said it will probably be a little higher than moderate density, about 14- 16 per acre. Ms. Davenport detailed the issue of access; the City issued a Mitigated Determination of Nonsignificance which requires a minimum of two 24' private driveways. She said there was no requirement under the rezone that there be a dedication, explaining that could be accomplished with the existing 30' easement to 48 Avenue that Mr. Keller spoke about as well as the access to Nob Hill Boulevard. Ms. Davenport pointed out that the Hearing Examiner recommended two 50' accesses while the City's recommendation was based on two parcels, each one having legal access to a public street with the idea that this is a non - project rezone. Don Skone, Planning Manager, noted that the Hearing Examiner did not require those public streets to be constructed but simply as a dedication of that 50' as a condition precedent to the rezone. With no one wishing to speak further, Mayor Pro Tem closed the public meeting. Council Member Buchanan expressed his concern about approving a rezone without information about what would go on this property. Council Member Barnett asked if the applicant had complied with the existing rules and procedures. City Attorney Paolella confirmed the rules were followed and the Council's options are to approve it, 3 320 • NOVEMBER 17, 1998 deny it, or approve with reasonable conditions relating to the project. It was MOVED BY KLINGELE, SECONDED BY SIMS, TO REZONE THESE TWO PROPERTIES SUBJECT TO (A) 50' WIDE DEDICATED RIGHTS -OF -WAY SHALL BE CREATED, RECORDED, AND CONSTRUCTED FROM THE HOCHREIN PROPERTY TO 48 AVENUE AND FROM THE KELLER PROPERTY TO NOB HILL BOULEVARD PRIOR TO EXECUTION OF THE REZONE AND (B) THERE WOULD BE A HEIGHT RESTRICTION OF 35' ALONG THE SOUTH BORDER BACK A DISTANCE OF 50'. The motion carried by a 3 -2 voice vote, Buchanan and Place voting nay, Beauchamp temporarily absent and Puccinelli absent. 7. PUBLIC HEARING ON 1999 CONSOLIDATED PLAN The public hearing on the consolidated plan was held out of sequence following the budget hearing. Mayor Pro Tem Place opened the public hearing. Bill Cook, Director of Community and Economic Development, explained the Consolidated Plan is a requirement of the U.S. Department of Housing and Urban Development funding to the City, describes the spending plan for 1999 including a projected $1,906,900 of grant and program income, and also includes a notice of a proposal to apply for up to $5,000,000 of Section 108 funding. The target area has been expanded for Council consideration. After discussion about the expansion area'it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO CHANGE THE BOUNDARY TO LINCOLN AVENUE SOUTH, FOLLOWING THE NORTH HALF OF POWERHOUSE ROAD ON THE WEST, AND UP TO CASTLEVALE FOR A NORTHERN BOUNDARY. The motion carried by unanimous voice vote; Puccinelli absent. There being no citizen wishing to speak to this issue, the public hearing was closed. It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Puccinelli absent. RESOLUTION NO. R -98 -151, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to submit a One Year Action Plan to the United States Department of Housing and Urban Development in compliance with the Five Year Strategy of the Consolidated Plan developed in 1995. 8. PUBLIC HEARING ON 1999 PRELIMINARY BUDGET The public hearing on the budget was held out of sequence, prior to the public hearing on the 1999 Consolidated Plan. Council heard from the following outside agencies regarding their funding requests: 4 32 1 NOVEMBER 17, 1998 Yakima County Economic Development /New Vision ($29,870) Chuck Peters, Chairman,. thanked Council for past support and outlined what they do for Yakima County. He explained how they provide job opportunities for citizens, market Yakima County on a national basis, and spoke about their recruiting efforts toward businesses in Seattle to move to Yakima County. Dave McFadden, President, reiterated their mission in the marketing and recruiting role and added how they endeavor to help local industries stay competitive. • Greater Yakima Chamber of Commerce ($8,850) Curtis King, Past President, gave a detailed list of the Chamber's programs and achievements that benefit the community. Veterans of Foreign War ($8,000) Many veterans of World War II came and spoke in support of this request for funds to support a memorial for those who died during that war. Those speaking in favor of the funding request were Robert Gaither, Al Bell, Senator Alex Deccio, Miles Irvine, Ted Adler, and Council Member Barnett. Dick Kirk, the Chairman of the fund raising campaign, noted there were 420,000 Americans who Post their lives in WWII compared to 58,000 in Viet Nam and 54,000 in Korea, and yet WWII does not have a memorial. The Salvation Army ($7,500) Pauline Hunter, Program Coordinator, explained the need for the $1,500 increase for the Milroy Park Day Camp above last year's funding request. It is necessary to cover staff costs for which they went over budget in 1998. Yakima County Substance Abuse Coalition ($14,489 + $75,000 through Parks and Recreation) Ester Huey, Executive Director, advised that they currently serve 1,112 children per day on a budget of about $300,000. She identified areas the money is spent on. She explained how they utilize these monies to leverage over $500,000 worth of salaried people working for them that does not come out of Yakima pockets. She said they primarily use the $14,000 as seed money to get programs up and going and then look for ways to subsidize those programs. 5 322 NOVEMBER 17, 1998 Yakima 4 of July Committee ($8,300) John Rothenbueler, Vice President, explained how these funds help offset the cost of the fireworks display which is free to the public. Allied Arts Van ($8,000) Elizabeth Miller, Director, told Council this is the eleventh year the Allied Arts Van has worked in conjunction with Parks and Recreation to provide an ongoing integrated arts program in ten different locations. She advised that this request is the same amount as last year and that there has never been an increase. They served approximately 1,800 children in 1998. Retired Senior Volunteer Program ($3,000 and $2,000 in -kind support) No one was present to speak to this request. There being no one further wishing to speak, the public hearing was closed. 9. PRESENTATION OF CONFERENCE OF GOVERNMENTS 1999 BUDGET Don Skone, Planning Manager, introduced Lon Wyrick, Executive Director of the Council of Governments, who presented the COG assessment which is up 2.2% bringing it up to $30,315. Mr. Wyrick reviewed the details of the COG budget which has been adopted by the Executive Committee. He said the 1999 budget is approximately 25% less than last year at $574,897. He distributed a presentation to the Council specifying benefits received by the City of Yakima in 1998. Mr. Wyrick directed attention to a recent application for Section 1221 grant funds through T -21 which was submitted on behalf of the City of Yakima for $365,000 to complete the Powerhouse Road Pathway Project and Facilities. He explained how COG has a census clearing house, does traffic safety training, and continues work on the Commute Trip Reduction Program. It was MOVED BY BARNETT, SECONDED BY SIMS, TO ACCEPT THE REPORT AND APPROVE THE ASSESSMENT. The motion carried by 4 -2 roll call vote; Buchanan and Klingele voting nay, Puccinelli absent. • 6 323 • NOVEMBER 17, 1998 10. AUDIENCE PARTICIPATION Mr. Norman Richardson, 5810 Scenic Drive, presented a petition and spoke in support of removing the speed humps on Scenic Drive. He. reviewed the history relating to the creation of the speed humps and the conditions in the area now, supplying all the information he had gathered to the Council for their review. Mayor Pro Tem Place assured Mr. Richardson that Council would review the matter and someone from staff would be in contact with him. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LEGAL SERVICE CONTRACT FOR THE CIVIL SERVICE COMMISSIONS WITH LANE, POWELL, SPEARS AND LUBERSKY RESOLUTION NO. R -98 -152, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a legal services agreement between the City of Yakima and the law offices of Lane Powell Spears Lubersky LLP in order to provide legal services to the various City Civil Service Commissions. *12. CONSIDERATION OF RESOLUTION RATIFYING EXECUTION OF • INTERLOCAL AGREEMENT WITH MID - VALLEY CABLE REGULATORY COMMISSION FOR TEMPORARY ASSISTANCE TO CONTINUE OPERATION OF MID - VALLEY PUBLIC ACCESS TELEVISION RESOLUTION NO. R -98 -153, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an interlocal .agreement with the Mid - Valley Cable Regulation Board under which the City of Yakima's Cable Communications Division will provide staffing and support services on a temporary basis for the operation and administration of Mid - Valley Television (MVTV) a Public Access cable television facility located in Toppenish, Washington. *13. APPROVAL OF FINAL CONTRACT PAYMENTS (STANDARD MOTION V -B- ACCEPT PROJECT AND APPROVE FINAL PAYMENT) FOR: A. PROJECT 1799 AIRPORT WELL HOUSE IMPROVEMENTS PERFORMED BY APOLLO, INC. The report from the Water /Irrigation Engineer, November 3, 1998, with respect to the completion of the work on the Airport Well House Improvements Project No. 1799, performed by Apollo, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 7 324 NOVEMBER 17, 1998 B. PROJECT 1710 KING STREET SEWER COLLECTION SYSTEM AND PIERCE AVENUE SEWER PERFORMED BY CENTRAL CONCRETE & UTILITIES The report from the Acting City Engineer, dated October 27, 1998, with respect to the completion of the work on the King Street Sewer collection System and Pierce Avenue Sewer project No. 1710, performed by Central Concrete & Utilities, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *14. APPROVAL OF THIRD QUARTER 1998 CAPITAL IMPROVEMENT PROJECTS REPORT The Third Quarter 1998 Capital Improvement Projects Report was accepted. *15. CONSIDERATION OF ORDINANCE GRANTING A RIGHT -OF -WAY VACATION IN THE VICINITY OF 920 FENTON STREET REQUESTED BY THE YAKIMA HOUSING AUTHORITY ORDINANCE NO. 98 -55, AN ORDINANCE concerning right -of -way vacation; vacating approximately 70 feet of City of Yakima right -of -way along the east side of Fenton Street in the vicinity of 970 Fenton Street. *16. CONSIDERATION OF ORDINANCE REENACTING THE LODGING ROOM TAX ORDINANCE NO. 98 -56, AN ORDINANCE of the City of Yakima, Washington, relating to taxation of charges made for the furnishing of lodging, reenacting such taxes, and providing for an effective date. 17. OTHER BUSINESS Information Items: Items of information provided to Council were: Letter from Judge George Colby regarding reopening of Lower Valley District Court; Agenda for November 16, 1998 COG Executive Committee meeting and minutes of its October 19, 1998 meeting; City of Yakima Planning Division Assignments Pending as of November 17, 1998; and Article from November 1998 Vegetarian Times, " Look Mom, No Benefits" (fluoride). 8 325 NOVEMBER 17, 1998 18. EXECUTIVE SESSION REGARDING PENDING LITIGATION • It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO ADJOURN TO NOVEMBER 24, 1998 AT 8:30 A.M. FOR BUDGET STUDY AND THEN UNTIL 2:00 P.M. FOR JOINT HEARING AND GMA, AND THEN TO DECEMBER 8, 1998 AT 9:00 A.M. FOR BUDGET WRAP UP AND THE NOON VALLEY LEGISLATOR'S LUNCHEON. The motion carried by unanimous voice vote; Puccinelli absent. \ It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Puccinelli absent. 19. ADJOURNMENT TO NOVEMBER 24, 1998 AT 8:30 A.M. TO NOON IN THE CITY HALL COUNCIL CHAMBERS FOR BUDGET STUDY SESSION (PUBLIC WORKS), AND TO 2:00 P.M. FOR CONTINUATION OF JOINT HEARING ON GMA; . THEN TO DECEMBER 8, 1998 AT 9:00 A.M. FOR BUDGET WRAP -UP; AND TO • NOON FOR THE YAKIMA VALLEY LEGISLATORS LUNCHEON AT PROVIDENCE HOSPITAL - FAMILY MATERNITY CENTER Following the conclusion of the Executive Session, the meeting adjourned at 4:50 p.m. READ AND CERTIFIED ACCURATE BY: a ; - - � � /7/ - r � f COUNCIL MEMBER DATE i /tZ/ / - ,70 - 9 • CCIL MEMBER DATE ATTEST : - ' ! / , , - !Li COUNCIL MEMBER , i • 2e1 /2-&-lLeA-t- cm , c._ 71 ,g, CITY CLERK ARY PLACE, MAYOR PRO TEM Minutes prepared by Pension /Records Clerk Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 9