HomeMy WebLinkAbout10/12/1993 Adjourned Meeting 2 4:56
October 12, 1993 Adjourned Meeting - see page 466
CITY OF YAKIMA, WASHINGTON
OCTOBER 12, 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.
Assistant Mayor Lynn Buchanan presiding, Council Members
Clarence Barnett, Henry Beauchamp, Bill Brado, Skip Semon
and Bernard Sims present on roll call. Mayor Pat Berndt
absent and excused; Assistant City Manager Rice, Assistant
City Attorney Carberry, Deputy City Clerk Skovald, and City
Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Sims.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Assistant Mayor Buchanan proclaimed October 17 -23, 1993, as
National Business Women's Week in recognition of business
and professional women in the community. Madeline Cooper
accepted the proclamation and REPORTED that the Business and
Professional Women have started their 75th year of the
organization and will HAVE a large celebration in St. Louis
next summer.
Council Member Sims reminded Council members of the tour
this Friday.to Chelan to look at the Chelan /Douglas County
PTBA.
4. CONSENT AGENDA
Assistant Mayor Buchanan referred to the items placed on the
Consent Agenda, questioning whether there were any additions
or deletions from either Council members or citizens
present. It was the general consensus to add Item No. 9 to
the Consent Agenda and remove Item No. 8 from the Agenda.
The City Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was MOVED BY
BEAUCHAMP, SECONDED BY SIMS, THAT THE CONSENT
AGENDA, AS AMENDED, BE ADOPTED. The motion carried by
unanimous roll call vote; Berndt absent. (Subsequent
paragraphs preceded by an asterisk ( *) indicate items on the
Consent Agenda handled under one motion without further
discussion.)
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OCTOBER 12, 1993
5. PUBLIC HEARING ON POWERHOUSE ANNEXATION (See Ordinance annexing
property -- Continued from 9/28/93)
This being the time set for the public hearing,
Bruce Benson, Associate Planner, summarized the details of
the west Powerhouse Annexation, recommended that the
annexation ordinance be adopted, and was available to answer
any questions.
Assistant Mayor Buchanan opened the public hearing and asked
for anyone wanting to speak in favor of the annexation.
There being no one, he asked for anyone wanting to speak
against the annexation.
Cindy Paul, 4819 West Powerhouse Road, expressed concern
about the tremendous amount of truck traffic she has
encountered in the area where the children get on and off
the school bus. She asked whether any plans have been made
to cover the Naches - Cowiche Canal and who will pay for it if
the roadway has to be improved. She didn't feel that the
residents should be responsible for this expense.
Council Member Barnett indicated that Cindy Paul's comments
pertain to Agenda Item No. 6, and suggested she present her
testimony again during Agenda Item No. 6.
Council Member Beauchamp inquired about the number of
residential units that ould be affected by the annexation.
Mr. Benson explained there is only one residence inside the
annexation area, which is being acquired by the applicant.
There are some other structures located inside the
annexation area, which are abandoned; however, there are
approximately half a dozen houses within a very short
distance. In answer to a question by Council Member
Beauchamp, Ms. Paul explained she lived about a block and a
half from the annexation area. Council Member Semon asked
Ms. Paul if her objection was to moving the City boundary or
would it apply more to the request for a rezone. They are
being considered separately. What we are talking about now
is just extending the city boundary to include this area
that was described, and next to be considered will be the
rezone request.
Assistant Mayor Buchanan asked if there was anyone else who
wished to comment. There being no one else, he closed the
public hearing.
Ordinance No. 93 -94 having been read by title, it was MOVED
BY SIMS, SECONDED BY SEMON, TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote; Berndt
absent.
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OCTOBER 12, 1993
ORDINANCE NO. 93 -94, AN ORDINANCE annexing, property to
the City of Yakima and zoning said property. (West
Powerhouse Annexation)
6. PUBLIC MEETING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION
ON THE REZONE OF PROPERTY (Continued from 9/28/93) :
This being the time set for the public meeting,
Bruce Benson, Associate Planner, explained the area to be
rezoned is one -half of the area just annexed in the West
Powerhouse Annexation, Agenda Item No. 5, from Suburban
Residential (SR) to Light Industrial (M -1). A meeting was
held with the Development Review Team, the applicant, city
staff members, as well as representatives from the franchise
utilities on March 25, 1993. As a result of that meeting
and working together with the applicant, certain road
improvements were determined to be necessary. A Declaration
of Non - Significance was made April 28, 1993. The applicant
was informed of what those road improvements would be and
within a specified period of time did not object to them. A
public hearing was held on August 20, 1993, before the
Hearing Examiner. The property was posted, parties in the
immediate area were notified, legal notice was given, and
the Hearing Examiner, after he conducted a public hearing,
issued a recommendation for approval.
Council Member Barnett questioned some wording contained in
the SEPA Review concerning water service area. He also
asked if the Naches - Cowiche Canal issue was addressed by the
Department of Ecology. Responding to these questions, Don
Skone, Planning Manager, explained that phrase has become a
standard comment of the agency when the Department of
Ecology addresses annexations statewide. Under Growth
Management, if cities expand their boundaries, then an
adequate water supply must be provided. Since this area is
within our water service area for the future and is
addressed within our Water Plan, Mr. Skone indicated the
Department of Ecology has said they have no particular
concern if that is the case.
Referencing Yakima Municipal Code 15.23.030, Fred French,
City Engineer, submitted to Council members Exhibit No. 1, a
memorandum concerning authority to make recommendations to
the Hearing Examiner on streets and roads. Mr. French
explained that recommendations were consistent with others
for the rezones and Class 3 review processes and primarily
consisted of frontage improvements on Powerhouse Road.
Council Members Brado and Barnett stated their concerns
against development requirements on, not only this
particular rezone, but others as well. Mr. French explained
the recommendations were made because of the uncertainty
concerning the type of development. Assistant City Attorney
Paolella provided legal explanation concerning the Class 1
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OCTOBER 12, 1993
Review process. City Manager Zais indicated further
discussion is needed between Council members and staff in
order to consider appropriate standards, conditions and
requirements as part of the staff process for review, which
must carry out Council's intent as well as comply with the
I/ Yakima Municipal Code.
Assistant• Mayor Buchanan asked if there were any further
comments from Council members or staff. There being none,
he opened the public meeting.
George Michel, 4120 W. Powerhouse Road, expressed concern
when a rezone is approved with no specific type of
development listed and no provision for review after its
completion. This could have a negative impact on the
neighborhood. After Council Member Barnett asked him,
Mr. Michel indicated he would be supportive if the
improvements were part of the rezone.
There was further discussion among Council members and staff
concerning the rezone conditions including the timeframe for
the applicant to conform to the recommendations. Referring
to covering the Naches - Cowiche Canal, Mr. Benson explained
that before the road improvements are made, consideration
will need to be given to this area, but without a specific
project, particular requirements can't be determined at this
time.
Neal McClure, 208 South 45th Avenue, is an avid cyclist and
recreationalist who rides Powerhouse Road. As addressed in
the staff report, he agreed that the traffic has increased
since Fred Meyer has been there. He thought the widening of
the street would enhance the recreational corridor, and if
the rezone means widening those streets to make it safer, he
is for rezoning the property. However, if the purpose of
the rezone is only to create more jobs and does not include
the road improvements, then he would be opposed to the
rezone. After Council Member Barnett asked him, Mr. McClure
indicated he supported the conditions recommended by the
Hearing Examiner. Ray Paolella, Assistant City Attorney,
answered Mr. McClure's questions concerning the time limit
on the improvements and provided legal explanation
concerning differences between the proposed ordinance
I/ submitted for Council consideration two weeks ago, and the
one submitted for today's meeting. Under the previous
proposed ordinance, the developer must comply with the
conditions prior to the rezone taking effect. He would have
three years to meet those conditions. The proposed
ordinance submitted today would allow the improvements to be
made after the rezone. The developer would have a five year
time limit to make those improvements with the concomitant
agreement being the mechanism to make sure the improvements
are completed within the time limit. There was continued
discussion among Council members and staff about whether the
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OCTOBER 12, 1993
improvements would be done if ownership of the property
changed. Assistant City Attorney Paolella provided
additional legal explanation concerning this issue.
Glenn Valenzuela, Director of Community & Economic
Development, explained the rationale for the road
improvements requirement. There are a number of members in
the community who would like to see the continuation of the
bike path and trails, and they expressed their desire though
I/
the extensive public hearing process. The Hearing Examiner
heard all that testimony and felt it was appropriate. There
was also testimony expressing the need to make those road
improvements for public safety purposes. If this property
is rezoned to M -1, Light Industrial, new jobs will be
created. Also there will be increased traffic necessitating
the road improvements, which will make it more marketable
for the investors from the standpoint, of attracting
businesses to this area from a public safety point of view.
However, the issue has been raised whether it is appropriate
to require one small development to pay more for the public
improvements on the roadway than what was paid to invest in
the property to establish the business there.
Mr. Valenzuela suggested possible ways to "trigger" when the
improvements should be made. There was continued discussion
among Council members and staff concerning the need to draft
language in the ordinance and concomitant agreement to
trigger implementation of the improvements as well as
suggestions as to what those triggering actions would be.
There was a consensus among Council members to listen to any
additional comments today, and then refer this issue back to
staff for later Council consideration.
Phil Hoge, 1512 Folsom Avenue, explained he is most
concerned about whether Powerhouse Road will be safe enough
to accommodate all the multiple transportation modes using
the road, including bicycle /pedestrian and truck traffic.
It needs to be redesigned because the pavement isn't wide
enough to handle the additional truck traffic created by the
rezoned industry or proposed uses including the bicycle
route designated in the Comprehensive Park and Recreation
Plan, the connection between Greenway's Pathway West and the
Cowiche Canyon Conservancy Trail, and the connection at
Chesterley Park. Mr. Hoge referred to the mitigating
measures promulgated under SEPA and the Hearing Examiner,
and urged Council to recognize the impact that industrial
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development will have on the road. He stated his concern
that the proposed ordinance submitted for Council
consideration today would only defer the decision on the
road improvements for at least five years. If that were to
happen, it would be poor public policy because it sets a
precedent for all future developers, and it is unfair to
developers who do abide by mitigating measures determined
through the SEPA review process. Mr. Hoge supported
approval of the proposed ordinance submitted for Council
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OCTOBER 12, 1993
consideration two weeks ago, which required the improvements
be made before the rezone becomes effective. Although he
didn't want an undue burden placed on the developer because
industrial development is needed in Yakima, he requested
that consideration be given to quality economic development.
At this point, Mr. Hoge read Exhibit No. 2, a letter from
Gordon Rieker, 717 Cornell, urging continuation of the bike
lane along Powerhouse Road.
Council Member Brado expressed concern about the possibility
that road improvement requirements would be required as part
of rezones and that there needs to be a different triggering
method.
•
Dave Woodall, 4204 Kroum Drive, suggested that, since no one
is really "not for" the improvements the roadway, that a
way should be found to do the improvements and at the same
time lessen the burden on the developer. Mr. Woodall also
supported bicycling and described its positive effect on the
environment by not polluting the air. He indicated he was
for the rezone as long_ as the road. improvements are made
before the rezone is approved.
•
Mike Stoker, 4705 West Powerhouse Road, whose property
borders the property to be rezoned, stated he was opposed to
the rezone as it is now written.
Myron Abrams, 811 Summitview, applicant, disagreed with the
staff's statement that in the initial meeting all the
proposed road improvements were discussed.. •The only item
discussed with the Engineering Department was where
curbcuts, or access to the property, would be. Shortly
before the public hearing with the Hearing Examiner, he
received the recommendations and thought he could state his
objections during the public hearing. He wants to build a
cabinet shop and an office for his construction company on
the property. Although he objects to the road improvements,
he has agreed to extend the bike path for the safety of
those who have to walk on the roadway. Mr. Abrams expressed
concern over the $300,000 cost, especially for M -1 proeprty,
that has to be paid in advance, to improve a City street.
In answer to a question from Council Member Sims, Mr. Abrams
explained why. he did not withdraw his application. He is
seeking funds for at least part of the public improvements.
Mr. Valenzuela indicated that perhaps Mr. Abrams would be
eligible for industrial bonds for his development. Council
Member Beauchamp asked if it was explored whether to just
rezone a certain portion of the property for the cabinet
shop use. Bruce Benson explained that the zoning for the
property is Suburban Residential (SR) and to zone a small
portion of the property would be considered a spot zone.
This rezone is set up as two rezones. One on the Matthews
property and one on the Mull property that Mr. Abrams is
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OCTOBER 12, 1993
purchasing. Mr. Abrams is only looking at improving that
portion of property he is purchasing from Mr. Mull.
Mr. Matthews would then be responsible for the continuation
of the development for the remainder of the area.
Del Matthews, 4691 Powerhouse Road, commented that the
bicycle paths and widening of the road is a good civic duty
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and a needed improvement. These issues can be addressed
through the rezone, but he questioned why the same
requirements that were made of Fred Meyer to put in their
$20 million project are being put on this small industrial
park. Mr. Matthews urged the rezone be done, a method be
developed to address all the concerns, and requested that
the project not be front loaded to the point where it is
cost prohibitive to do the project.
Mel Harrison, with Heritage Brokers, described his extensive
background and experience specializing in commercial
investment property and presented a brief background of his
experience in the Fred Meyer project located adjacent to the
property proposed to be rezoned. Mr. Harrison suggested
that a site development, time -frame type cooperating venture
between the City and the Developer be established. This
would allow the needs of both sides to be met.
There was continued discussion among Council members and
Mr. Abrams and Mr. Mattews concerning the five year time
frame as opposed to the three year time frame. The
possibility of a LID 20 -year program to finance the cost of
the improvements was also discussed.
Assistant Mayor Buchanan asked for anyone else wishing to
speak in favor of the rezone. There being no one, he asked
for anyone wishing to speak in opposition to it.
Cec Vogt, with the Yakima Greenway Foundation, said she was
not opposed to the project, only the five year time frame.
She reminded Council that the new Greenway Pathway West will
be going in next spring, which will dramatically increase
the bicycle /pedestrian traffic in the area. She stated her
position that roadway improvements should be done as
industrial development occurs.
Marty Miller, 808 St. Helens Street, explained there is a
problem now with the amount of bicycle traffic on Powerhouse
Road. If any development were to occur without doing the
improvements then the problem will get worse. He urged the
City to stick to its plan to include bicycle routes. I/
Bob Ingham, 5231 West Powerhouse Road, explained the
required frontage improvements to the two properties will
not solve the traffic problems in that area. He suggested
that the City of Yakima be the lead agency to ensure that
those road improvements happen in a timely fashion, and it
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OCTOBER 12, 1993
may require some City money.- -for this to happen. He
described the area as geographically very tight and very
congested. To only improvement the Abrams property is not
going to solve the problem unless the Matthews' property is
also improved. There is a public problem here and the
I/ burden should not be placed solely on those two property
owners.
Aleshia Zelesny, 4811 West Powerhouse Road, expressed
concern about what would happen to her 'residence if the
rezone was approved. The amount of traffic is a burden, and
she felt there should be a planned development before the
rezone is approved.
Cindy Paul's testimony given under Agenda Item No. 5 should
be here under Item No. 6.
There being no one else wishing to speak, Assistant
Mayor Buchanan closed the public meeting.
There was discussion among Council members concerning the
unfairness of placing the burden of investment on the
developer with conditions precedent. Council Member Sims
requested that staff come up with three. alternatives for
setting a trigger for the required improvements. Council
Member Barnett commented that there needs to be a balance
between the conditions subsequent and the conditions
precedent. It was MOVED BY BARNETT, SECONDED BY
BEAUCHAMP, TO REFER THIS BACK TO STAFF TO COME BACK
IN TWO WEEKS. The motion carried by unanimous voice vote;
Berndt absent.
7. AUDIENCE PARTICIPATION
Larry Mathews, 805 South 17th Avenue, urged Council to adopt
appropriate legislation which will allow the City to regulate
cable rates. He was advised that issue will be considered at
the next meeting.
David Hawkins, Evangelist, described his ministry and spoke
about his plan to eliminate the drug problems in Yakima and
save the youths.
I/ 8. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION
AND DEBRIS ABATEMENT PROGRAM
This item removed from the Agenda.
*9. REPORT REGARDING ORGANIZATIONAL DEVELOPMENT MANDATED
TRAINING AND TOTAL QUALITY MANAGEMENT
The report was accepted.
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OCTOBER 12, 1993
*10. SECOND READING OF ORDINANCE AMENDING THE 1993 BUDGET AND
APPROPRIATING FUNDS INTO THE SEWER CONSTRUCTION FUND
An Ordinance amending the 1993 budget and appropriating
funds into the Sewer Construction Fund, having been read by
title at the September 28, 1993 meeting, was brought before
the Council for a second reading.
ORDINANCE NO. 93 -95, AN ORDINANCE amending the 1993
budget for the City of Yakima; and making an appropriation
of $772,000 in the Wastewater Facility Project Fund for
expenditure during 1993 for various Wastewater Facility
construction projects.
11. OTHER BUSINESS
It was MOVED BY SIMS, SECONDED BY SEMON, TO DIRECT
STAFF TO PROCEED WITH THE COMMUNITY REDEVELOPMENT
FINANCING PROGRAM AND CONDUCT AN ECONOMIC
FEASIBILITY STUDY WITH REGARD TO THIS FINANCING
TOOL.' The motion carried by unanimous voice vote; Berndt
absent. Council Member Brado commented that the public
should be made aware of this program before we proceed.
Information Items:
Items of information supplied to Council were: Memorandum
from City Engineer regarding North First Avenue Status
Report. 10/7/93; Memo from Director of Community and
Economic regarding new FAX a Question program and Urban Area
Zoning revision process. 10/12/93; Letter from State
Public Works Board regarding Yakima's application for 1994
Sewer Collection System Improvements project funding.
9/28/93; Agenda for October 11th Westside Merchants
meeting; Memorandum from Administrative Assistant to the
City Manager regarding Upcoming Legislative
Meetings /Hearings. 10/4/93; September 1993 Monthly Project
Progress Report on the Yakima Railroad Area; Traffic
Engineering Citizen Request and Activity Report for
September 1993; Trolley Ridership Report for month of
September 1993; Agenda for the October 14, 1993 Hearing
Examiner meeting; and Agenda for the October 11, 1993 Parks
and Recreation Commission meeting and minutes from its
September 13, 1993 meeting.
12. EXECUTIVE SESSION REGARDING PENDING LITIGATION
It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO MOVE
INTO EXECUTIVE SESSION FOR APPROXIMATELY 15 MINUTES
FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION AND
THEN TO RECONVENE IN OPEN SESSION. The motion carried
by unanimous voice vote; Berndt absent.
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OCTOBER 12, 1993
13. ADJOURNMENT
Following the conclusion of the Executive Session, the City
Council reconvened in open session.
I/ It was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, TO
ADJOURN THE MEETING. The motion carried by unanimous
voice vote; Berndt absent. The meeting adjourned at
4:48 p.m.
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READ AND CERTIFIED ACCURATE BY: -/' ►\ �i�� /
COUNCIL M BER D'TE
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ATTEST:
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CITY CLERK ',' ISTANT r MAYOR
MINUTES PREPARED BY DEPUTY CITY CLERK SKOVALD.
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