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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. 339 JULY 20, 1993 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 2 340 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. 3 341 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. 4 342 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. 5 343 JULY 20, 1993 *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 6 344 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 7