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.)
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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