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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.) } ,: 4 -57 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. 2 458 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 3 459 wo 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 4 460 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 I/ 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 5 461 x` 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 6 462 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 I/ 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 7 463 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. 8 464 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. 9 465 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. /pi 00 Ilk READ AND CERTIFIED ACCURATE BY: -/' ►\ �i�� / COUNCIL M BER D'TE t/ 6 / COU CIL ME ER DAT ATTEST: A CITY CLERK ',' ISTANT r MAYOR MINUTES PREPARED BY DEPUTY CITY CLERK SKOVALD. 10