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HomeMy WebLinkAbout08/11/1992 Business Meeting 393 - CITY OF YAKIMA, WASHINGTON AUGUST 11, 1992 BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 a.m. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat Berndt, presiding, Council Members Clarence Barnett, Henry Beauchamp, Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Buchanan. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Dave Flaherty, Parks and Recreation Manager, extended an invitation to the Council to attend the Naches Parkway dedication (island between Walnut and Chestnut Streets) honoring the Soroptimist Club for their financial support. Dave Flaherty updated the Council on emergency repairs at Eisenhower Pool. The main water pipe is leaking in many areas, and there is concern for the ground sinking outside the pool area. However, the pool will not be closed because the problem does not affect the operation of the pool. Mr. Flaherty's estimated replacement cost of the water pipe is $33,000. Mr. Flaherty . requested two additional items be done in conjunction with this project: (1) To repair a fence (because it was vandalized) and_move this fence to the west in order to include a grassy area within the pool structure; and (2) To replace some concrete due to sinkage. Including these, two additional items, the estimate is approximately $46,000. 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Councilmembers or citizens present. It was the consensus of Council to remove Item No. 10. 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.) 399 AUGUST 11, 1992' 5. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION ON 0 APPLICATION TO REPLAT CHESTNUT GROVE SUBDIVISION IN VICINITY OF 50TH AVENUE, SOUTH OF SUMMITVIEW AVENUE REQUESTED BY GROUP M CONSTRUCTION /TIM MONAHAN This being the time set for the public meeting, Larry Lehman, Associate Planner, summarized the request and was present to answer questions. Council Member Barnett asked Mr. Lehman to elaborate on the vacation of the adjoining railroad. Since the property was vacated some time ago and under state statute when property of that type is vacated, it then becomes part of the adjoining property from which it originally was taken as right -of -way. Council Member Brado asked what criteria was used to determine the need for a traffic study. Mr. Lehman explained the traffic study was requested because the initial plan presented to staff was a professional office use project with a potential for a rezone, which would have generated extra traffic; however, the revised project - -a retirement home - -did not require a traffic study. All Council members declared no exparte contact. Mayor Berndt opened the public meeting and asked for anyone wishing to speak in favor of project. Developer Tim Monahan, 2303 South 70th Avenue, defined this project and suggested the entrances at both ends of the development be closed to the public. Mr. Monahan stated he was willing to work with the City Traffic Engineering Division to establish a feasible means to reduce the traffic on 50th Avenue within the development. The existing plat lot lines will be modified to clearly outline the separation between the proposed apartment area and the condominiums. To increase density the plan includes two -car garages, a "real house format" and 1,200 square feet of living space. Council Member Brado inquired whether the project will be built all at once or in phases and what the time schedule will be. Mr. Monahan explained it will be a phased project depending on the availability of funding and what the market study suggests. 2 400 AUGUST 11, 1992 There being no one else present wishing to speak to the issue, Mayor Berndt closed the public meeting. City Attorney Vanek directed Council's attention to the Recommendations of the Hearing Examiner, Page 20, No. 8, referring to 50th Avenue and signs (no- parking signs or trucks restricted signs) being the responsibility of the contractor. However, in order to enforce parking restrictions, an amendment to the ordinance is required. Staff was directed to bring back a change in the ordinance regarding parking. Referring to Recommendation Item 13, Mr. Vanek advised the last sentence be stricken. The developer is required to either build the public improvements or post a bond for those public improvements before proceeding with the development. After further discussion, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO AFFIRM THE HEARING EXAMINER'S RECOMMENDATION WITH THE CHANGES RECOMMENDED BY THE CITY ATTORNEY. The motion carried by unanimous voice vote; Beauchamp absent. 6. PUBLIC MEETING TO CONSIDER THE FINAL PLAT APPROVAL FOR SUBDIVISION IN VICINITY OF NORTH 40TH AVENUE AND ENGLEWOOD, REQUESTED BY DR. MICHAEL TAYLOR (SEE RESOLUTION) This being the time set for the public meeting, Dan Valoff, Associate Planner, summarized the request and was present to answer questions. Mayor Berndt opened the public meeting and asked for anyone wishing to speak in favor of the final plat design. Dr. Michael Taylor, 2205 W. Chestnut, stated there were no changes to the plat, and since this property did not have water supplied to it, he promised the City that it would be installed. Jess Chisum, 3909 Richey Road, asked if there were any road improvements planned for the area from Richey Road to Englewood Avenue on the east side of 40th Avenue. Dan Valoff explained there were no requirements for road improvements in the Hearing Examiner's decision. There is a requirement to bring the sidewalk into the public right -of -way. The only street improvement is a curb cut for a new driveway on 40th and Englewood. Dr. Eric Christiansen, 715 Beacon Avenue, a family physician with Family Medicine of Yakima, recognized the severe primary care shortage in the area. Dr. Christiansen stated there is a preliminary agreement with Dr. Taylor to build a new office 3 • - . 401 • AUGUST 11, 1992' on this property, and a new physician to utilize this office will be hired as soon as approval is made. There being no one else present wishing to speak to the issue, Mayor Berndt closed the public meeting. Mayor Berndt explained she previously spoke with Dr. Corpron regarding this project primarily to try to expedite matters but did not discuss specifics of this project. The other Council members declared no exparte contact. Resolution No. D -6164 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY • SIMS, TO ADOPT THE RESOLUTION. Council Member Buchanan commented on the street right -of -way being narrower along the westside of 40th Avenue and asked if the City is going to obtain additional right -of -way in order to establish full width. Don Skone from the Planning Department explained that 40th Avenue at this location meets the City's current right -of -way standard, while there may be sections that exceed it. Council Member Buchanan denounced narrow street widths on a major arterial and suggested the standard be consistent rather than allowing a choke -down point to develop at the intersection. Mr. Skone mentioned a future corridor plan to establish the appropriate amount of right -of -way for each street ratherthan a single standard for all streets. Council Member Brado asked what specific guidelines determine the need for a traffic. study. Since they are very expensive and time consuming, developers -- Sneed to know when a traffic study is required and what to expect. Mr. Skone explained that a traffic study has been routinely requested if the project requires an environmental review, is new commercial or multi - family residential construction, or substantially increases the amount of traffic. The question was called for a vote on the motion. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. D -6164, A RESOLUTION approving the Fieldstone final plat and subdivision submitted by Michael A. Taylor for five lots•at North 40th Avenue and Englewood Avenue, subject to all of the conditions contained in the Hearing Examiner's Recommendation; approving an Agreement for Security in Lieu of Bond authorizing the City Manager to sign said Agreement, and authorizing the Mayor to sign the final plat for Fieldstone. 7. AUDIENCE PARTICIPATION William Strole, 105 North 53rd Avenue, urged the Council to vote against the tax increase proposed on utility bills. Utility services are basic needs; parks are not. 4 4 AUGUST 11, 1992 8. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS PROGRAM Velma Johnson, 208 S. 17th Avenue, explained her attempt to clean her property. Council requested Mrs. Johnson's property be removed from the list for 30 days to give her the opportunity to finish the clean -up project. It was MOVED BY 8IM8, SECONDED BY BUCHANAN, TO REMOVE MRS. JOHNSON'S PROPERTY FROM THE LIST FOR 30 DAYS TO GIVE HER ADEQUATE TIME TO FINISH THE CLEAN -UP PROJECT ON HER PROPERTY. The motion carried by unanimous voice vote; Beauchamp absent. There being no other citizen present wishing to speak to the issue and Resolution No. D -6165 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. D -6165, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 9. CONSIDERATION OF LEGISLATION REGARDING SUBSTANCE ABUSE COALITION: A. JOINT RESOLUTION AUTHORIZING DISSOLUTION OF SUBSTANCE ABUSE COALITION Resolution No. D -6166 having been read by title, it was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. Council Member Sims questioned whether this would be let for competitive bids. City Manager Zais explained that if there was another agency providing comparable services, it could be considered competitive. Ester Huey, Director of Yakima County Substance Abuse Coalition, explained the Substance Abuse Coalition has always been non - profit but now it will be a private agency. The sole source provision is applicable because there is no comparable service available. Council Member Sims expressed some concern about whether there was any possibility of risk by making this non - profit change. If we do not risk government's participation as a partner in doing this and it does not exceed the bid limit, it actually opens up other revenue sources. Ester Huey explained under this new structure smaller cities and towns in Yakima County will be able to contract for services. Mayor Berndt stated Graham Tollefson will be the Chairman of the new organization which will begin in September. City Manager Zais explained under the old Interlocal Agreement, the City has been the financial agent operating the books (payroll and record keeping). Under this new agreement, the City will no longer continue to do that. The Coalition will engage its own 5 403 AUGUST 11 1992 professional services for that purpose. The motion carried by unanimous roll call vote; Beauchamp. absent. RESOLUTION NO. D -6166, A JOINT RESOLUTION of the City of Yakima, Yakima County, Educational Services District 105, and Yakima School District No. 7 dissolving the Interlocal Cooperative Agreement for the financing and operation of the County -Wide Coalition for the War on Drugs. B. RESOLUTION AUTHORIZING CONTRACT WITH SUBSTANCE ABUSE COALITION, INC. FOR SERVICES City Attorney Vanek advised an additional paragraph be included in the "resolution indicating the new coalition is a sole source provider. Due to being one of the founding board members of the new coalition, Mayor Berndt abstained from voting on the issue. Resolution No. D -6167 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE RESOLUTION, AS AMENDED. The motion carried by unanimous roll call vote; Berndt abstaining; Beauchamp absent. RESOLUTION NO. D -6167, A RESOLUTION authorizing the execution of an Agreement Between City of Yakima and the Yakima County Substance Abuse CoalitionInc = for community substance abuse prevention services. 10. CONSIDERATION OF RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR STATE HOUSING ASSISTANCE PROGRAM FUNDING: A. SINGLE FAMILY REHABILITATION Council Member Brado asked about the income guideline requirement for Owner - Occupied Rehabilitation. Dixie Kracht, Block Grant Manager, explained that the program has been funded by the Federal Home Loan Bank. Applications are now being processed for first time home ownership through a grant from the Federal Home Loan Bank as a subsidy that goes with the acquisition loan from Yakima Federal Savings and Loan. The affordable cost to that person to become that owner would be 30 percent of their gross income. The applicant cannot exceed 80 percent of the Federal Median Income Guidelines to qualify for the program. Council Member Brado asked what involvement the City had with the 200 units on 34th and Englewood. Dixie Kracht explained the only involvement the City had is because the City is the 6 404 AUGUST 11, 1992 keeper of the Comprehensive Housing Affordability Strategy (CHAS). No program or housing development that receives any type of subsidy or assistance from the state or federal government can go forward without approval or incorporation of CHAS. Mayor Berndt stated she was asked by the developer to represent the City to the finance people. Being very careful and in no way representing this as a City owned project or that the City in any way endorsed the project, Mayor Berndt simply answered questions about Yakima, regarding the larger than normal share of low- income and senior citizens. Council Member Sims asked what percentage of Yakima residents would qualify for Owner - Occupied Housing. Ms. Kracht stated 70 percent of Yakima's population is under median income. Resolution No. D -6168 having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. D - 6168, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an application with the Washington State Department of Community Development for funding for an Owner - Occupied Rehabilitation Program. B. RENTAL REHABILITATION Resolution No. D -6169 having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. D - 6169, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an application with the Washington State Department of Community Development for funding for a Rental Rehabilitation Program. C. NEW CONSTRUCTION RENTAL /OWNER Resolution No. D -6170 having been ready by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp absent. RESOLUTION NO. D 6170, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an application with the Washington State Department of Community Development for funding for a New Construction Program. 7 405 AUGUST 11, 1992 City Attorney Vanek indicated that under conflict of interest statutes, council members would be excluded from participating in these programs. Dixie Kracht responded to Council Member Sims' inquiry about exclusion of council members participating in these types of rehabilitation projects. She explained the importance of disclosure, which means that a benefit cannot be received when the person has the approving authority. *11. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR ROCHE FRUIT COMPANY FOR UNDERGROUND COMMUNICATIONS LINES AND NITROGEN TRANSFER The Right -of -Way Use Permit for Roche Fruit Company, Inc, to dig a ditch approximately 445 ft. along North First Street for an underground nitrogen transfer and computer /telephone line hookup, was approved. *12. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR J.M. SMITH FAMILY LIMITED PARTNERSHIP FOR COVERED LOADING DOCK The Right -of -Way Use Permit for J &M Smith Family Limited Partnership to construct a covered loading dock, between 9th and 10th Avenues and Summitview and Yakima Avenue, was approved. *13. APPROVAL OF JULY 1992 BUDGET REPORT The July 1992 Budget Report was accepted. 14. CONSIDERATION OF ORDINANCE AMENDING THE BUILDING PERMIT FEE SCHEDULE TO INCLUDE RADON DETECTOR FEE Leonard Hall from Code Administration explained this ordinance would add $7 to the cost of a building permit to cover costs of radon detectors to be left in certain buildings. Council Member Barnett questioned why a radon kit was necessary for each ground floor unit of every multi - family residence. Mr. Hall explained radon accumulates at the ground level and could be found in one unit, but maybe not I/ found in the next unit of the same structure. An Ordinance amending the building permit fee schedule to include radon detector fee having been read by title, it was MOVED BY SEMON, TO ADOPT THE ORDINANCE. The motion died for a lack of a second. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO AMEND THE ORDINANCE TO REFLECT A $10 FEE FOR EACH RADON KIT. The motion failed by 4 -2 voice vote; Buchanan and 8 406 AUGUST 11, 1992 Sims voting aye; Beauchamp absent. It was MOVED BY BUCHANAN, SECONDED BY BRADO, TO TABLE THE ORDINANCE UNTIL A CONSENSUS IS REACHED. The motion passed by a 4 -2 voice vote; Berndt and Semon voting nay; Beauchamp absent. *15. CONSIDERATION OF LEGISLATION RELATING TO CITY -OWNED PROPERTY: A. ORDINANCE FINDING AND DECLARING CITY -OWNED PROPERTY IS HELD BY THE CITY AND RESERVING PROPERTY FOR PUBLIC USES ORDINANCE NO. 3482, AN ORDINANCE relating to City -owned property; finding and declaring that certain City -owned property is being held by the City in its governmental capacity; and reserving such property for public uses including utility corridors, transportation corridors, and parks. B. RESOLUTION AUTHORIZING THE GRANT OF TEMPORARY LICENSES FOR USE OF CITY -OWNED PROPERTY RESOLUTION NO. D -6171, A RESOLUTION authorizing the City Manager to grant temporary licenses for short -term use of City -owned property. 16. OTHER BUSINESS Information Items: Items of information supplied to Council were: 1992 Washington State Agricultural Showcase Official Schedule of Events; Memo from Rebound Officer regarding Rebound Plus /National Night Out. 8/4/92; Monthly Trolley Report for July 1992; Narcotics Enforcement Second Quarter 1992 Report; Letter from Washington State Energy Office regarding Proposed Commute Trip Reduction Legislation; Memo from Yakima County 911 regarding New Telephone Number for the Public; Memorandum from City Attorney regarding Damage Claims Referred to Insurance Company; Assignments Pending in Office of Environmental Planning as of August 11, 1992; and Monthly Permit Center Report for July 1992. 17. EXECUTIVE SESSION REGARDING PROPERTY ACQUISITION • It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADJOURN TO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION AND PROSPECTIVE LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO AUGUST 18, 1992, AT 8 AM AT MARTI'S RESTAURANT FOR AN INFORMAL MEETING WITH THE COUNTY COMMISSIONERS, THEN TO 11:30 AM AT THE HOLIDAY INN TO MEET WITH PARKS AND RECREATION COMMISSION. The motion carried by unanimous voice vote; Beauchamp absent. 9 407 AUGUST 11, 1992 18. ADJOURNMENT TO AUGUST 18, 1992, 8:00 AM AT MARTI'S RESTAURANT FOR INFORMAL MEETING WITH COUNTY COMMISSIONERS, I/ THEN TO 11:30 AM AT THE HOLIDAY INN TO MEET WITH PARKS AND RECREATION COMMISSION Following the completion of the Executive Session, the meeting was adjourned at the hour of 3:45 p.m. 4 READ AND CERTIFIED ACCURATE BY: A. d ' . CO CIL M M: ' ; " DATE A420411L/ 3 Co I ""- MBER DA E ATTEST: CITY CLERK MAYOR Minutes prepared by Deputy Skovald. 10