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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. 277 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 2 278 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 I/ 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 I/ 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 3 279 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 ' I/ 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 4 280 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 I/ 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. 5 ,..; . 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. 6 282 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 I/ 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. 283 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. 8 28 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 I/ 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." 9 MAY 10, 1994 285 • 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. 9 rI READ AND CERTIFIED ACCURATE BY : h LA 14../asw /.. /,• / W q CO, I, i d ie R -- \ P4 DA ' / ' 1CN QF 0 41,- 6 aO ---)9,_s7 COUNCIL MEMBER DATE ATTEST: • r .- , //;;;) D ;PUT CITY CLERK MAYOR 6:/ • Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are available in the City Clerk's Office 10