HomeMy WebLinkAbout07/20/1993 Business Meeting 338
CITY OF YAKIMA, WASHINGTON
JULY 20, 1993
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, 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, and City Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Invocation was given by Council Member Beauchamp.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
None.
4. CONSENT AGENDA
Mayor Berndt referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present.
Mayor Berndt announced that Item No. 12 was removed from the
Agenda since the lots have been cleared. The City Clerk then
read the Consent Agenda items, including resolutions and
ordinances by title. It was MOVED BY SIMS, SECONDED BY
BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE
ADOPTED. The motion carried by unanimous roll call vote.
(Subsequent paragraphs preceded by an asterisk ( *) indicate
items on the Consent Agenda handled under one motion without
further discussion.)
*5. APPROVAL OF THE MINUTES OF THE JUNE 22, 1993 SPECIAL AND
BUSINESS MEETINGS '
The minutes of the June 22, 1993 Special and Business
meetings, were approved, having been duly certified accurate
by two Council members and no one present wishing to have
said minutes read publicly.
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6. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION
REGARDING SMITH /LUKEHART PRELIMINARY PLAT AND REZONE (SEE
I/ ORDINANCE)
This being the time set for the public meeting, Dan Valoff,
Associate Planner, reviewed the staff report. The Hearing
Examiner has . recommended approval of the request, subject to
13 conditions listed in his decision and incorporated into
the ordinance. He reported that staff recommends adoption
of the ordinance and approval of the rezone, along with
preliminary approval of the subdivision. Council Member
Barnett questioned if the City is paying for the 16" line,
or the difference in the cost between the 16" line and the
12" line. Mr. Valoff responded that the City is paying the
difference between the two costs. Mayor Berndt opened the
public meeting for citizen comments. Joe Smith, partner in
the project, stated they are in agreement with the Hearing
Examiner's recommendations. There being no other citizen
wishing to speak, the public meeting was closed. Ordinance
No. 93 -37, having been read by title, it was MOVED BY
BUCHANAN, SECONDED BY SIMS, THAT THE ORDINANCE BE
PASSED. Following disclosure by the Council Members of no
ex - parte contact, the question was called for a vote on
the motion. The motion carried by unanimous roll call
vote.
ORDINANCE NO. 93 - 37, AN ORDINANCE relating to zoning;
rezoning property located at the southeast corner of North
40th Avenue and Kern Way in Yakima, Washington from R -3
(Multi - Family Residential) to B -1 (Professional Business);
amending the Zoning Map of the City of Yakima; approving the
preliminary plat and preliminary subdivision submitted by
Smith /Lukehart Partnership (Medical View West, Phase II) for
seven lots at the southeast corner of North 40th Avenue and
Kern Way in the City of Yakima; and authorizing the Mayor to
sign the preliminary plat; subject to all of the conditions
contained in the Hearing Examiner's Recommendation.
7. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION
REGARDING SUNCREST III PRELIMINARY LONG PLAT (SEE RESOLUTION)
1/ This being the time set for the public meeting, Larry
Lehman, Associate Planner, presented the staff report.
Council Member Barnett asked if the concerns of Mr. Doyle
have been - met. Mr. Lehman stated he could not speak for
Mr. Doyle, however, his impression is that Mr. Doyle's
concerns were satisfied. Mr. Lehman clarified the statement
in the Hearing Examiner's recommendation about the set back
from the creek. There is no written policy if the set back
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JULY 20, 1993
should be measured from the center of the river or the
vegetation growth. The Hearing Examiner set it from the
vegetation line. Council Member Beauchamp asked about
drainage and Mr. Lehman reported that on -site drainage is
required for each lot. Mayor Berndt opened the public
meeting for public testimony. Jerry Sturgill, United
Builders, stated they have reviewed the Hearing Examiner's
recommendation and have no problem with it. He responded to
Council Member Beauchamp's question regarding the range of
the units, by indicating these will be similar to other
units developed a couple of years ago. The price range is
between $75,000 - $130,000. There being no other citizen
wishing to speak, the public meeting was closed. Council
Members confirmed there had been no ex -parte contact
regarding this project. Resolution No. R -93 -75 having been
read by title, it was MOVED BY BUCHANAN, SECONDED BY
SIMS, THAT THE RESOLUTION BE ADOPTED. The motion
carried by unanimous roll call vote.
RESOLUTION NO. R 93 - 75, A RESOLUTION approving the
preliminary plat and preliminary subdivision submitted by
United Builder's, Inc. of Washington (Suncrest III) for 45
lots south of Mead Avenue between 32nd and 34th Avenues,
subject to all of the conditions contained in the Hearing
Examiner's Recommendation; and authorizing the Mayor to sign
the preliminary plat.
8. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION
REGARDING CEDAR HILLS ESTATE FINAL PLAT (SEE RESOLUTION)
This being the time set for the public meeting, Bruce
Benson, Associate Planner, commented that this is a
subdivision located on 18th Avenue, between King and Tahoma.
Last year Council approved the preliminary plat. He stated
that all the improvements have been completed and have been
inspected and approved by the City Engineer. The Planning
Division reviewed the final plat and recommends approval of
the resolution which would authorize the Mayor to approve
the final plat and authorize the City Manager to sign a quit
claim deed to release two unused sewer easements. Mayor
Berndt opened the public meeting. There being no citizen
present wishing to speak, the public meeting was closed.
Mayor Berndt confirmed that no ex -parte contact had been
made with the Council members. Resolution No. R -93 -76
having been read by title, it was MOVED BY BUCHANAN,
SECONDED BY SIMS, THAT THE RESOLUTION BE ADOPTED.
The motion carried by unanimous roll call vote.
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JULY:20, 1993
RESOLUTION NO. R 93 - 76, A RESOLUTION approving the
Cedar Hills Estates final plat and subdivision submitted by
Cedar Hills Estates, Inc. and Vern Holbrook for 10 lots on
the east side of South 18th Avenue, approximately halfway
between King Street and Tahoma Avenue, subject to all of the
conditions contained in the Hearing Examiner's
Recommendation; authorizing the Mayor to sign the final plat
for Cedar Hills Estates; and authorizing the City Manager to
sign a Quit Claim Deed releasing two unused sewer easements.
9. AUDIENCE PARTICIPATION
Phil Pleasant, City resident, referenced the City's
Affirmative Action Report, pointing out that all the black
people work for Solid Waste and most are temporary employees.
He considered this an injustice to the black people who bring
in revenue to the City, but are not reaping any of the
rewards.
David Hawkins referenced a recent article in the newspaper
about the money spent on Federal programs to combat the drug
war and distributed a flyer concerning a missing Colt AR -15
assault rifle. He stated his program, Kids Unlimited, David
Michaels Ministry, can address the war on drugs on a local
level. He spoke about God's plans for Yakima.
10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH SELAH FOR THE PURCHASE AND SALE OF YVT LINE
Resolution No. R -93 -77 having been read by title, it was
MOVED BY BEAUCHAMP, SECONDED BY SEMON, THAT THE
RESOLUTION BE ADOPTED. . Jerry Henderson had a question
regarding the site plan for the station and asked if a site
plan was available. He stated he is no longer on the
Trolley Board, and thanked Council and staff for their time
and effort put forth in this project. He stated this is the
only interurban system in the United States. Mayor Berndt
pointed out that the proceeds from the sale of this property
goes into the Trolley Fund. The question was called for
a vote on the motion. The motion carried by unanimous
roll call vote.
RESOLUTION NO. R 93 - 77, A RESOLUTION authorizing the
Mayor to execute the Yakima Valley Transportation Selah Line
Compromise Purchase and Sale Agreement and directing the
City Manager to take all necessary steps to implement the
agreement.
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JULY 20, 1993
11. REPORT ON PETITION REQUESTING CITY INITIATION OF REZONE OF
PROPERTY NORTH OF PACIFIC AND EAST OF FAIR AVENUE
City Manager Zais announced that each person signing the
petition was notifed about this meeting. Joan Davenport,
Supervising Associate Planner, stated this is a request for
Council to initiate a rezone. The petition submitted was
signed by 42 parties representing about 47 properties. The
map, provided to Council members, identifies each of the
lots of the petitioners, which is a very dispersed area.
The request was to include a business rezone for different
land uses, from a welding business to uses already
permissible under the current R -2 zone. The staff
recommendation is that Council not initiate this rezone,
based on the character of the area, which is single family
and multiple- family homes; there are very few non - conforming
businesses; the range of uses in the petition are so broad
that no single zoning classification could fit them all in;
and the area is not tightly defined and is not contiguous.
The recommendation to Council is that the rezone not be
initiated, but the City not take a positon on any
application that may be made in the future. She stated
staff provided Council with a copy of the map from the
SunDome study done in 1988, in which it was recommended the
zoning be retained as is in that area. Ms. Davenport
responded to Council's questions and further commented that
if Council initiates the rezone, then the homes would become
non- conforming uses. Glenn Valenzuela, Director of
Community and Economic Development, also pointed out that
approval of this request would set a precedent of a Council
initiated rezone for one area of the City without reviewing
the City zoning in total. Judy Ayon, petitioner, commented
she understands what staff is saying about making a smaller
area; however, the people that signed this want to find a
zoning classification which will help them to do what they
want to do. She stated her husband is unable to work on
cars under the present zoning. She was informed that if the
zoning were changed, the homes would become con - conforming
and if lost in a fire, the homes could not be rebuilt. Ms.
Davenport was asked to meet with Mrs. Ayon to work with her.
City Manager Zais suggested that perhaps staff can help
facilitate some public meeting for an area that may be more
likely to change. It was MOVED BY BEAUCHAMP, SECONDED
BY BUCHANAN, TO ACCEPT THE STAFF RECOMMENDATION. The
motion carried by unanimous voice vote.
12. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION
AND DEBRIS ABATEMENT PROGRAM
This item was removed from the Agenda.
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*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF WATER
MAIN REIMBURSABLE AGREEMENT WITH NORTHWEST WAREHOUSE LEASING
RESOLUTION NO. R 93 - 78, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
an agreement with Northwest Warehouse Leasing Company for
the partial reimbursement of construction cost for a water
main extension.
*14. CONSIDERATION OF ORDINANCE MAKING AN EXCEPTION FOR THE
POLICE BIKE PATROL IN THE DOWNTOWN AREA (CBD)
ORDINANCE NO. 93 - 38, AN ORDINANCE relating to public
safety; recognizing an exception to restricted use of
bicycles in the central business district, for police
purposes; and amending Section 6.71.020 of the City of
Yakima Municipal Code.
15. OTHER BUSINESS
Council members discussed the issue of including public
restroom facilities at the new Transit Transfer Center
and the possibility of an unfair labor charge from the
Union if the employee restrooms are opened to the
public. The needs of the public were considered, as
well as the vandalism which will occur, causing an
added expense in addition to maintenance expenses, and
the potential for a gathering place for unwanted
elements. Jerry Copeland, Director of Public Works,
stated a major concern would be stopping construction
now. He suggested continuing with the construction and
let staff come back with alternatives. He stated he
was told that to accommodate a change now, some of the
concrete would have to be removed. He stated there
would have to be a caretaker on site.
Council Member Buchanan commented on the new calendar
provided to Council members which gives information on
Council sub - committee meetings and such. This allows
Council members to be informed on the activities of the
I/ Mayor's and Council's office. Council discussed the
timing of some of the meetings scheduled.
Information Items:
Items of information supplied to Council were: Letter from
Yakima County Sheriff Search & Rescue regarding Old -
Fashioned Country Fair at Larson Park on August 7, 1993.
7/13/93; Memorandum from City Engineer regarding North
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JULY 20, 1993
First Avenue Status Report. 7/15/931 Memorandum from City
Attorney regarding Damage Claims Referred to Insurance
Company. 7/14/93,1 Letter from State Transportation
Improvement Board regarding July 23, 1993 monthly meeting.
7/2/93; Assignments Pending in the Office of Environmental
Planning as of July 20, 19931 Agenda for July 19, 1993
Yakima Valley Conference of Governments Executive Committee
meeting and minutes of its June 21, 1993 meeting Washington
State Tourism Bulletin. June 1993; Yakima County Substance
Abuse Coalition Newsletter, "Community Response "; and
Memorandum from State Attorney General regarding Public
Records Disclosure Pamphlet. 7/6/93
16. EXECUTIVE SESSION REGARDING PENDING LITIGATION
The Executive Session was not held.
17. ADJOURNMENT TO JULY 27, 1993 AT 7:30 A.M., AT THE YAKIMA
SCHOOL DISTRICT #7 ADMINISTRATION BUILDING LIBRARY
It was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT THE
MEETING BE ADJOURNED AT 3:25 P.M., TO THEN MEET
AGAIN ON JULY 27TH AT 7:30 A.M. AT THE YAKIMA SCHOOL
DISTRICT NO. 7 ADMINISTRATION BUILDING LIBRARY. The
motion carried by unanimous voice vote.
READ AND CERTIFIED ACCURATE BY: BY:Jk. I l I A/ I / amm' t , ; . J
10- -C. / /
L 14: IMF ,►-; DAT
COU IL M BER / DATE
ATTEST:
Kaidz-,„
CITY CLERK MAYOR
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