HomeMy WebLinkAbout05/10/1994 Business Meeting 276
CITY OF YAKIMA, WASHINGTON
MAY 10, 1994
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 (present after 2:05 p.m.), Ernie
Berger, Bill Brado, Lynn Buchanan, and Bernard Sims present
on roll call. City Manager Zais, Assistant City Attorney
McMurray, and Deputy City Clerk Skovald also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
None
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Tamara Thomas, Girls State Representative was introduced as a
guest of the City Council.
A. PROCLAMATIONS (IF APPLICABLE)
Mayor Berndt read the proclamation declaring May 14, 1994 as
Letter Carrier Food Drive Day in Yakima. Harold Hutchinson
and Larry King accepted the proclamation on behalf of the
Letter Carriers.
Mayor Berndt read the proclamation declaring the week of
May 15 -21, 1994 as Public Works Week in the City of Yakima.
Jerry Copeland, Director of Public Works, and Denny Covell,
Director of Engineering and Utilities, accepted the
proclamation on behalf of the Public Works employees.
Mayor Berndt read the proclamation declaring the week of
May 15 -21, 1994 as Transportation Week. Marsha Hogue
accepted the proclamation on behalf of the Yakima Valley
Transportation Club.
It was announced that the Yakima Police Department On -Guard
Radio Watch Program was selected as the Non -Law Enforcement
Program of the Year by the Washington State Crime Prevention
Association. Pleas Green, Police Chief, briefly described
the significant contribution this group has given to the
community.
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MAY 10, 1994
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.
There was a general consensus to remove Items Nos. 10 and 13
and add Item No. 8 to the Consent Agenda. The Deputy City
Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was MOVED BY
S;IMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA,
AS AMENDED, 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 APRIL 25, 1994 ADJOURNED
MEETING AND APRIL 26,, 1994 BUSINESS MEETING
The minutes of the April 25, 1994 Adjourned meeting and
April 26, 1994 Business meeting, were approved, having been
duly certified accurate by two Council members and no one
present wishing to have said minutes read publicly.
6. AUDIENCE PARTICIPATION
None.
7. PUBLIC MEETING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION
ON REZONE REQUEST FILED BY ARIA GHANBARI FOR PROPERTY AT 815
NORTH 16TH AVENUE
This being the time set for the public meeting, Dan Valoff,
Associate Planner, explained the purpose of this' public
meeting is for Council to consider the Hearing Examiner's
recommendation to deny the rezone application request. The
proposal submitted to the Department of Community and
Economic Development by Mr. Aria Ghanbari is for the rezone
of property located at 815 North 16th Avenue from R -3 (Multi -
Family residential) to CBDS (Central Business District
I/ Support). After providing additional information about this
rezone request, Mr. Valoff recommended to Council that the
Hearing Examiner's recommendation be accepted and this rezone
application be denied based on the findings and conclusions
contained in the Hearing Examiner's decision.
Council Member Beauchamp questioned the denial recommendation
because there is minimal citizen opposition and the property
is not in a predominantly residential area. It is located
next a tire store, a parking lot, a car lot, and a
restaurant across the street. Mr. Valoff explained the
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MAY 10, 1994
applicant's request includes locating a car lot on the
property. Although this use probably would not generate a
lot of traffic or noise, staff's main objection to the rezone
would be future CBDS potential uses with greater intensity
that may adversely impact the neighborhood or the street
system. Council Member Beauchamp reiterated Mr. Valoff's
explanation concerning future permitted uses as it relates to
the proposed zone change and the staff recommendation to deny
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the rezone application.
Mayor Berndt opened the public meeting and asked those who
wish to comment to come forward and give their name and
address for the record.
Aria Ghanbari provided explanation concerning his rezone
application as it applies to his property located at 815
North 16th Avenue.
James Carmody, Attorney, 405 East Lincoln, representing
Mr. Ghanbari, provided explanation as to why this rezone
application should be accepted. He asked to submit four or
five letters and an attached map from neighbors concerning
this issue. He stated he did not consider this as new
evidence. At the request of Council Member Barnett, there
was discussion, comments, and questions among Council members
and Mr. Carmody as well as legal explanation provided by
Assistant City Attorney McMurray as to whether or not this
information could be admitted since it was not submitted
during the Public Hearing.
Mr. Carmody provided explanation concerning his thoughts on
the issue of commercial development around arterial
intersections. This parcel would be a logical place for
development. He questioned the development standards and
zoning concepts where outlets on two different arterials are
needed from a piece of property in order to develop it for
commercial use. He referred to theCDBS zoning map as it
relates to the location of the applicant's property. There
was discussion, comments, and questions concerning zoning at
this location. Mr. Carmody stated the rezone would make
sense because the existing residential usage is impaired. It
is too noisy to have a home at this location, and there would
be too much traffic. It would be logical to refer to 16th
Avenue as a major arterial, and it makes sense that there
should be logical commercial development at that
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intersection. Mr. Carmody also stated there are two
accesses. There is direct access onto 16th Avenue and onto
an alley that goes over to Fruitvale Boulevard. Referring to
compatibility issues, Mr. Carmody explained R -3, the current
zoning, and the adjoining zoning, CBDS, are compatible under
the Comprehensive Plan if site screening is utilized; he
suggested a six -foot wooden fence be installed. Mr. Carmody
also emphasized the minimal additional traffic impact that
would be generated. He stated Mr. Ghanbari would dedicate 10
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MAY 10, 1994
feet of right- of- way,to.provide : a, turning pocket. At this
point, discussion began again among Council Member Barnett,
Mr. Carmody, and Assistant City Attorney McMurray concerning
letters from neighbors being admitted for Council
consideration at this public meeting. Mr. Carmody reiterated
his thoughts as to why this rezone should be approved
including common sense, changed circumstances, compatibility '
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under the Comprehensive Plan, and inclusion of the site
screening. In comparison to previous rezone proceedings in •
situations like this, Mr. Carmody described this rezone
request as being consistent with Council practice. He stated
there is a logical time and place for a rezone and this is
one of them. Council Member Barnett asked Mr. Carmody
whether the mitigation measures outlined in the Hearing
Examiner's recommendation would be acceptable to Mr. Ghanbari
if Council were to approve the rezone subject to those
conditions. Mr. Carmody indicated they would be acceptable
with the exception of the alley issue. Referencing the
Hearing Examiner's decision, Mr. Carmody read an excerpt from
objective three of the Comprehensive Plan pertaining to
future land use controls being logical, responsive, and
flexible to market demands. He said it doesn't make any
sense to put an apartment building next to a tire store at
the intersection of 16th Avenue and Fruitvale Boulevard. In
response to staff's concern about the intensity increases
from a CBDS zone versus an R -3 zone, Mr. Carmody commented
about compatibility of review standards and SEPA
considerations pertaining to development within a CBDS zone.
Mayor Berndt asked if -ariy' one 'else wished to comment.
Bill Hambelton, 615 South 32nd Avenue, provided a brief
history of the area and described his property which is
located adjacent to the applicant's land. He spoke in favor
of the rezone request because it would be beneficial for
Yakima.
Don Skone, Planning Manager, provided explanation of the
City's trend toward commercial development, particularly at
intersections of arterial streets. He also described the
dilemma of incremental redevelopment resulting in strip
zones. There was a considerable amount of discussion
concerning this, zoning issue.
I/ Mayor Berndt asked if .there has been any . exparte contact
outside of the information that Council has been given. All
Council Members declared no exparte contact.
Referring to the zoning change process, Glenn Valenzuela,
Director of Community and Economic Development, emphasized
that in order to rezone property in a residential area, where
the City has a shortage of housing, it needs to be shown that
there are changing circumstances that have created a public
need. Even though it is important to be flexible to respond
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MAY 10, 1994
to the changing market, this application did not show any
type of market analysis to indicate that there will be an
economic benefit to this community. Should the Council
decide that it is in the best interest of the community to
rezone this property, Mr. Valenzuela recommended a block wall
be built along the south and east property line to buffer the
noise between the two conflicting zones; it would be more
appropriate than a 6 -foot wooden fence.
Council Member Beauchamp stated that eventually 16th Avenue
will change. It is one of the most highly used arterials in
the City. With the location of this property being where it
is and the zoning across the street and adjacent to it, it is
difficult to say that the applicant's request is a
conflicting use. The alternate Hearing Examiner's mitigating
recommendations as well as suggestions from staff would be
.appropriate. Council Member Brado stated that CBDS is one of
the more intense commercial uses, particularly as it relates
to noise. R -3 is residential property; it is not commercial
property. He expressed concern about incremental progression
of CBDS into the residential zone; it is not a good practice.
After further discussion about this issue, it was MOVED BY
BRADO, SECONDED BY BARNETT, THAT THE HEARING
EXAMINER'S DECISION BE UPHELD. The motion carried by 5-
2 voice vote; Berger and Beauchamp voting nay.
*8. PRESENTATION OF 1993 YAKIMA FIRE DEPARTMENT ANNUAL REPORT
The 1993 Yakima Fire Department Annual Report was accepted.
9. REPORT FROM FIRE DEPARTMENT SPECIAL OPERATIONS COMMITTEE
REGARDING CONFLICT RESOLUTION RECOMMENDATIONS
Glenn Rice, Acting Fire Chief, provided background
information about this issue and introduced members of the
Special Operations Committee. The cooperative effort shown
is remarkable. Mayor Berndt recognized the hard work and
effort put into this. It was MOVED BY BERGER, SECONDED
BY BARNETT, TO ACCEPT THE REPORT. The motion carried by
unanimous voice vote.
10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
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PROFESSIONAL SERVICES AGREEMENT WITH STRUCTURE ENGINEERING,
INC. FOR ASSESSMENT OF FIRE STATION NO. 1
Council Member Brado requested this item be removed from the
Consent Agenda. If this problem faced private enterprise,
they would request RFPs for fixing this, and if they needed a
structural engineer, they would include that request in the
RFP. He questioned why so much money is spent on
consultants. Mayor Berndt and Council Member Sims agreed.
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MAY 1�0 , , 1994 281
In response to Council's concern, City Manager Zais provided
explanation concerning professional services and the RFP
selection process as defined under state law. He emphasized
the fact that the law does not say that the individual firms
should be appointed or selected on the basis,of cost. In
I/ fact, cost and fees are specifically excluded from the law.
What must be considered is their experience, their expertise,
and their ability to perform the job; that's one of the
issues that goes into considering any engineering firm for
professional services. There was discussion among Council
members and staff concerning whether or not a structural
engineer is needed and that the general contractor would use
his own, thereby eliminating the additional expense to the
City. It was MOVED BY BRADO, SECONDED BY BUCHANAN, TO
PUT ITEM NO. 10 OUT FOR RFPS. The motion carried by
unanimous voice vote. Clarification was provided by Council
that RFP's would be issued to fix Fire Station No. 1 if it
needs to be fixed.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING ACCEPTANCE AND
EXECUTION OF AGREEMENT WITH HUD FOR THE 1994 HOME INVESTMENT
PARTNERSHIP PROGRAM
RESOLUTION NO. R 94 - 54, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of Yakima to
execute an agreement with the Department of Housing and Urban
Development for funding for the Home. Entitlement Program.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH THE YAKIMA COUNTY SUBSTANCE ABUSE COALITION
FOR AFTERSCHOOL RECREATIONAL PROGRAM
RESOLUTION NO. R 94 - 55, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
an Agreement between the City of Yakima and the Yakima County
Substance Abuse Coalition, Inc.
13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES CONTRACT FOR WATER PIPING DESIGN FOR
CITY HALL
I/ At the request of Council Member Brado, Leonard Hall, Code
Administration Manager, explained the professional services
contract would be for conceptual plans for the design team to
evaluate the existing conditions and develop their design to
place the pipes where needed. Council Member Brado asked if
the project would be a situation that could be put out for
RFPs. Mr. Hall explained the water system within City Hall
is very complicated.
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MAY 10, 1994
Denny Covell, Director of Engineering and Utilities, provided
explanation about the engineering expertise selection process
as well as why conceptual designs are needed for this
particular project. There was a considerable amount of
discussion among Council members and staff concerning whether
or not a structural engineer is needed for this project.
Resolution No. R -94 -56 having been read by title, it was
MOVED BY BERGER, SECONDED BY BUCHANAN, TO ADOPT THE
RESOLUTION. The motion passed by unanimous roll call vote.
RESOLUTION NO. R 94 - 56, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
a Professional Services Agreement Between the City of Yakima
and Meier Associates, Inc., P.S., for engineering design
services for the renovation of the City Hall water
distribution system.
*14. REPORTS AND LEGISLATION FROM FINANCE DEPARTMENT:
A. ACCEPTANCE OF 1993 YEAR -END BUDGET REPORT
The 1993 Year -End Budget Report was accepted.
B. REPORT AND RESOLUTION ADOPTING AND APPROVING THE FIRST
QUARTER 1994 CLAIMS
RESOLUTION NO. R 94 - 57, A RESOLUTION accepting and
approving the Quarterly Insurance Claims Report.
C. ACCEPTANCE OF FIRST QUARTER 1994 ACCOUNTS RECEIVABLE
REPORT
The First Quarter 1994 Accounts Receivable Report was
accepted.
*15. ACCEPTANCE OF 1993 VEHICLE INCIDENT REPORT
The 1993 Vehicle Incident Report was accepted.
*16. APPROVAL OF FINAL CONTRACT PAYMENT FOR WASTEWATER FACILITY
REHABILITATION (STANDARD MOTION V -B -- ACCEPT CONTRACT AND APPROVE
FINAL PAYMENT)
The report from the City Engineer, dated May 4, 1994, with
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respect to the completion of the work on the Wastewater
Facility Rehabilitation, performed by Superior Paving
Company, was approved, the work accepted and payment of the
final estimates as therein set forth was authorized.
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MAY 10,. 1994
17. CONSIDERATION OF ORDINANCE AMENDING THE CAPITAL COST RECOVERY
CHARGE TIME PAYMENTS
City Manager Zais indicated this item was not put on the
Consent Agenda so that any questions could be asked and an
opportunity provided to the person requesting this change to
speak to this issue. Council Member Sims explained he had
spoken with George Pechtel who has indicated this ordinance
will satisfactorily resolve the issue in question. Ordinance
No. 94 -20 having been read by title, it was MOVED BY SIMS,
SECONDED BY BEAUCHAMP, TO ADOPT THE ORDINANCE. The .
motion carried by unanimous roll call vote.
ORDINANCE NO. 94 - 20, AN ORDINANCE relating to sanitary
sewer capital cost recovery charge; and amending Section
7.58.040 to require payment of principal sanitary capital
cost recovery charge at the time the City issues a plumbing
permit for sewer connection, or at the time of approval of an
outside utility service application.
*18. CONSIDERATION OF ORDINANCE AMENDING THE COMPENSATION PLAN FOR
TEMPORARY CITY EMPLOYEES
ORDINANCE NO. 94 - 21, AN ORDINANCE relating to City
personnel; adopting a classification and compensation plan
for City employees to be effective June 12, 1994; amending
Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, and
2.20.110 L, all of the City of Yakima Municipal Code.
19. OTHER BUSINESS
There was a lengthy discussion among Council members and
staff concerning the need to lower the speed limit on Scenic
and Fellows Drive. Council Member Sims explained the
residents in this area have tried to determine a way to lower
the speed limit. Unfortunately, a 7 -year old child was
• involved in an accident on Scenic Drive and was hospitalized.
In an effort to do something that was proactive, Council
Member Sims directed staff to bring a resolution to Council
reducing the speed to 20 mph on Scenic Drive from Fellows
I/ Drive (46th Avenue) to the City Limits, and he also requested
the County join with the City in reducing the speed limits
through that area where there is joint jurisdiction.
Shelley Willson, Supervising Traffic Engineer, reported
citizens of another area, 6th Avenue to 10th on Willow, have
requested, via petition brought to her office, the speed
limit be reduced in their neighborhood as well. Staff was
directed to keep Council informed concerning this area also.
There was additional discussion concerning speed limits and
safety concerns.
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MAY 10, 1994
Council Member Sims stated that next week the City plans to
dedicate the new administration building at Public Works. It
was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO DIRECT
STAFF TO BRING A RESOLUTION TO COUNCIL DEDICATING THE
NEW ADMINISTRATION ANNEX TO THE PUBLIC WORKS FACILITY
TO THE FORMER EMPLOYEE DEL KARY. There was discussion
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concerning the fact that the employees should have come
before the Council with their request before actually having
the plaque made even though the motives of the employees were
certainly admirable. The question was called for a vote
on the motion. The motion carried by unanimous voice vote.
Mayor Berndt gave a brief report on the Greater Seattle Trade
Alliance reception that she, along with Glenn Rice and
Glenn Valenzuela, recently attended. This was a worthwhile
meeting and a good opportunity to promote the marketability
of the Agricultural Showcase and to expand the exhibitor base
of the event.
Glenn Valenzuela reported that the County Commissioners have
requested a joint meeting be held in the near future to
discuss the nonprofit Trade Resource Center. Staff was
directed to schedule the meeting.
Information Items:
Items of information supplied to Council were: Agenda for
May 9, 1994 Westside Merchants & Business Association
meeting; Meeting Notice for DOE Public Workshops on State
Revolving Fund; Notice of Good Morning Yakima Valley May 12,
1994 meeting; Agenda for May 18, 1994 YVCOG General
Membership meeting and minutes of its March 16, 1994
meeting; Traffic Engineering Citizen Request and Activity
Report for April 1994; Letter to State DOT regarding
Federal Demonstration Project Funding (Gateway Project).
4/28/94; Inside EPA's Drinking Water Watch and Clean Water
Watch. April 1994; R. W. Beck's Water Currents. April
1994; Washington State Tourism Bulletin. April 1994;
Minutes of the April 5, 1994 Yakima County Substance Abuse
Coalition meeting; and Article from April 27, 1994 Seattle
P.I., "The Rates Keep Going Up."
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MAY 10, 1994 285
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20. ADJOURNMENT TO MAY 17, 199 AT 7:00 A.M. FOR INFORMAL
DISCUSSION (LOCATION TO BE ANNOUNCED)
It was MOVED BY BUCHANAN, SECONDED BY BERGER, TO
ADJOURN AT 3:35 PM, TO MAY 17, 1994 AT 7:00 AM FOR
INFORMAL DISCUSSION. The motion carried by unanimous
voice vote.
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READ AND CERTIFIED ACCURATE BY : h LA 14../asw /.. /,• / W q
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D ;PUT CITY CLERK MAYOR 6:/
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Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are
available in the City Clerk's Office
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