Loading...
HomeMy WebLinkAbout02/07/1995 Business Meeting 103 CITY OF YAKIMA, WASHINGTON FEBRUARY 7, 1995 BUSINESS MEETING I/ 1. ROLL CALL The City Council met in session on this date at 2:00 p.m. in the Council Chambers of City Hall, Mayor Pat Berndt, presiding, Council Members Clarence Barnett, Henry Beauchamp (present after 2:02 p.m.), Bill Brado, Lynn Buchanan, and Bernard Sims present on roll call. Council Member Ernie Berger absent and excused. City Manager Zais, City Attorney Paolella, Acting City Clerk Skovald, and Acting Deputy City Clerk Thompson 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) A local artist, David Millsap, presented the City Council with a hard - carved, painted All America City plaque. Mayor Berndt thanked Mr. Millsap for his interest in the City. 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. It was the general consensus of the Council to add Item No. 9 and remove Item No. 17 from the Consent Agenda. The Acting City Clerk then read the Consent Agenda, as amended, 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; Berger absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further I/ discussion.) *4A. APPROVAL OF THE MINUTES OF JANUARY 10, 1995 BUSINESS MEETING The minutes of the January 10, 1995 Business Meeting, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 104 FEBRUARY 7, 1995 5. PUBLIC MEETING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION ON REZONE OF PROPERTY LOCATED AT 1317 SOUTH 6TH STREET, REQUESTED BY GABRIEL MONTES DE OCA This being the time set for the public meeting, Joan Davenport, Supervising Associate Planner, presented a brief overview of the rezone request. She pointed out that this is a rezone from R -2, Two Family Residential to CBDS, Central Business District Support. The Hearing Examiner and the planning staff have recommended approval without conditions. Off street parking, site screening, sidewalks, etc. will be reviewed if the applicant applies to locate a business on the property. Several Council members voiced their concerns with a rezone to CBDS because of the new Habitat For Humanity homes located next door to the property. Council Member Brado suggested a rezone to B -2, Local Business, instead of CBDS. Mayor Berndt opened the public meeting and asked if the proponent wished to comment. Delores Gaviglio, of 324 West Yakima Avenue, Suite 10, interpreter and tax preparer, spoke on behalf of Mr. Monte de Oca, the applicant. Ms. Gaviglio pointed out that all of the surrounding neighbors, including those living in the Habitat For Humanity homes, have signed a petition in favor of this request. The applicant plans to move his Union Gap business to this location where he intends to open a Mexican gift and furniture store. He would also like to have a storage facility for his furniture on the rear of the property. Mayor Berndt asked if anyone else wished to comment. There being no one, she closed the public meeting. Discussion ensued over what types of businesses are allowed in B -2 zoning and whether or not Mr. Monte de Oca could also have a storage facility on the property. It was MOVED BY BEAUCHAMP, SECONDED BY BRADO, TO REMAND THIS ITEM BACK TO THE HEARING EXAMINER, WITH THE CONCURRENCE OF THE APPLICANT, FOR RECONSIDERATION AS A B - ZONE. The motion failed by a 3 -3 voice vote; Barnett, Berndt, and Sims voting nay; Berger absent. It was MOVED BY BARNETT, SECONDED BY SIMS, TO AFFIRM I/ THE HEARING EXAMINER'S RECOMMENDATION. The motion failed by a 3 -3 voice vote; Beauchamp, Brado, and Buchanan voting nay. Berger absent. Jerry Foy, 4811 Modesto Way, suggested the Council grant the applicant a conditional use for the property, pending remanding the application back to the Hearing Examiner. 2 105 FEBRUARY • 7 , 19 9 5 City Attorney Paolella . advised the Council of the following options: 1) to affirm the HearingExaminer's recommendation; 2) to reject the Hearing Examiner's recommendation, or 3) to remand the item back to the Hearing Examiner for reconsideration. I/ After further discussion, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO REMAND THE APPLICATION BACK TO THE HEARING EXAMINER FOR RECONSIDERATION AS A B -2 ZONE. The motion carried by a 5 -1 voice vote; Barnett voting nay; Berger absent. 6. PUBLIC MEETING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION FOR THE PRELIMINARY SUBDIVISION APPLICATION FOR PROPERTY LOCATED NORTH OF ENGLEWOOD AVENUE AND SOUTH OF FAIRBANKS AVENUE, SUBMITTED BY ROBERT J. HARRISON, d /b /a/ MESSINA CONSTRUCTION This being the time set for the public meeting, Bruce Benson, Associate Planner, reviewed the materials submitted to the Council referring to two areas of discussion. 1) Sidewalks - Staff requested the elimination of Condition No. 7 of the Hearing Examiner's recommendation. This recommendation is in conjunction with the sidewalk recommendation for Englewood Square Subdivision. Since the Council approved Englewood Square without requiring a sidewalk on Fairbanks Avenue, the need for this recommendation has been eliminated. 2) Private driveway - Both the Hearing Examiner and staff have recommended approval of the 18 -foot private driveway. Eighteen feet allows space for two vehicles to pass and for emergency vehicles to access the development; especially with covenants to prohibit on- street parking. Council Member Brado expressed concern over the adequacy of the 18 -foot private driveway. Council Member Barnett pointed out that there is no standard in the subdivision ordinance for private driveways. Mayor Berndt commented that many people prefer narrow streets in private subdivisions to help keep traffic problems to a minimum. Mayor Berndt opened the public meeting and asked if the proponent wished to comment. I/ The developer, Robert Harrison of Bellevue, informed Council that he has met every requirement of the City to develop this site. His intention is to live in this subdivision and he is attempting to build a project he can be proud of He pointed out that the current property zoning would allow him to build 60 to 70 apartment units without a hearing process. He is attempting to develop a quality subdivision with individual yard space and affordable living. He told the Council that the 18 -foot wide driveway is not uncommon and is being done all around the country. Mr. Harrison compared driveway 3 106 FEBRUARY 7, 1995 widths from several Yakima locations with his proposal. He also offered to show Council pictures and magazine articles of similar subdivisions in other cities. Mayor Berndt asked if anyone else wished to comment either for or against the proposal. Barbara Reich, 3509 Highview Drive, spoke representing Highview Courts. She expressed concern about fill dirt that was hauled to the property prior to Mr. Harrison's purchase of the land. Highview Courts is view property with covenants on building height restrictions. Mrs. Reich is concerned that Mr. Harrison's development will restrict the view. Mr. Harrison assured the Council that he is aware of . the covenant restricting the building height to 35 feet; however, he explained his proposed buildings are only 27 feet. He does not believe his development will hinder the view from Highview Court since the building foundations will be approximately 10 feet below the elevation of Englewood Avenue and Highview Courts sit above Englewood Avenue. Mayor Berndt asked if anyone else wished to comment. There being no one, she closed the public meeting. After further discussion, it was MOVED. BY BARNETT, SECONDED BY BEAUCHAMP, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION LESS THE SIDEWALK REQUIREMENT. The motion carried by 5 -1 roll call vote; Brado voting nay; Berger absent. Council Member Brado stated the driveway entrance does not meet minimum parking lot standards. Staff was requested to review policy issues relating to development standards and report their recommendations to the Council. 7. SPECIAL PRESENTATION BY TRADE RESOURCE CENTER REGARDING OPEN HOUSE AND CONFERENCE Geoff Baker introduced Ms. Laitim Wong, 1995 Central Washington Trade Center Conference Coordinator, who presented Council with "Passport To Trade" brochures. Mr. Baker invited Council Members to the 1995 Passport Services Conference on February 17, 1995, at 7:30 a.m. at Perry Technical Institute. He also invited the Council to a reception on February 16, 1995, at 6:00' p.m. in the Central I/ Washington Trade Center. Senator Murray will speak at the reception. Due to a scheduling conflict, Senator Gorton will open the conference with a telephone call. 8. AUDIENCE PARTICIPATION None 4 107 FEBRUARY 7, 1995 *9. CONSIDERATION OF RESOLUTION AUTHO EXECUTION OF COMMUTE TRIP REDUCTION CONTRACT WITH YAKIMA VALLEY COUNCIL OF GOVERNMENTS (YVCOG) RESOLUTION NO. R 95 - 15, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Professional Services Agreement with Yakima Valley Conference of Governments for commute trip reduction planning. 10. RECONSIDERATION OF REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES FOR DOWNTOWN PARKING STRUCTURE STUDY (SEE LETTER FROM DARC CHAIRMAN) (NEEDS MOTION TO REMOVE FROM THE TABLE) It was MOVED BY SIMS, SECONDED BY BRADO, TO REMOVE THIS ITEM FROM THE TABLE. The motion carried by unanimous voice vote; Berger absent. It was MOVED BY BARNETT, SECONDED BY SIMS, TO PROCEED WITH THE REQUEST FOR PROPOSALS OF CONSULTANT SERVICES TO EVALUATE A ONE AND TWO DECK PARKING STRUCTURE. The motion carried by unanimous voice vote; Berger absent. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH KI -YAK FOR AGRICULTURAL SHOWCASE RESOLUTION NO. R 95 - 16, A RESOLUTION authorizing the City Manager and theCity- Clerk of Yakima to execute a professional services agreement between the City of Yakima and the Kittitas- Yakima Resource Conservation and Economic Development District. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT REGARDING UTILITY BILL COLLECTIONS /WRITE OFFS RESOLUTION NO. R 95 - 17, A RESOLUTION accepting a report of the Finance Department and authorizing the write -off of certain uncollectable accounts receivable by the utility funds of the City of Yakima. *13. CONSIDERATION OF RESOLUTION AUTHORIZING CALL FOR PROPOSALS FOR THE CITY'S LEGAL ADVERTISING I/ RESOLUTION NO. R 95 - 18, A RESOLUTION prescribing a form of contract for printing and publishing city legal advertising; and directing publication of a call for proposals therefor. 5 108 FEBRUARY 7, 1995 *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AND SALE AGREEMENT WITH ADELINE, ADELINE AND RUMPAKIS FOR ECONOMIC DEVELOPMENT PURPOSES RESOLUTION NO. R 95 - 19, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a real estate Purchase and Sale Agreement with Antonio Adeline, Katherina Adeline, and Cleo Rumpakis, d /b /a Alpha Enterprises. *15. CONSIDERATION OF A RESOLUTION EXTENDING THE AGREEMENT BETWEEN THE CITY OF YAKIMA AND UNION GAP FOR DATA PROCESSING AND DISPATCHING SERVICES RESOLUTION NO. R 95 - 20, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Data Processing and Law Enforcement Dispatch Services Agreement with the City of Union Gap. *16. APPROVAL OF ANNUAL BROKER SERVICES REPORT AND CONSIDERATION OF RESOLUTION ACCEPTING CLAIMS REPORT RESOLUTION NO. R 95 - 21, A RESOLUTION accepting and approving the Quarterly Insurance Claims Report. 17. CONSIDERATION OF ORDINANCE ADOPTING 1995 ZONING FEE SCHEDULE Council Member Brado asked staff why the fee schedule increase is based on the Seattle /Tacoma CPI. Joan Davenport, Supervising Associate Planner, explained that the increase is based on this CPI because that was the verbal agreement made with the Central Washington Homebuilders Association in 1990. Ordinance No. 95 - having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Berger absent. ORDINANCE NO. 95 - 5, AN ORDINANCE relating to zoning and land use; amending existing land development fees and adding a new fee for Administrative Adjustments of certain Class 1 and 2 uses; and amending Section 15.26.010B of the City of Yakima Municipal Code. *18. CONSIDERATION OF ORDINANCE RATIFYING AND CONFIRMING ENGINEERING PLAN REVIEW AND INSPECTION FEES ORDINANCE NO. 95 - 6, AN ORDINANCE Relating to private construction of public works improvements, presentation of design documents for such public works improvements, and fees for review of such documents and for inspection of such public improvements, and adding a new chapter 12.01 entitled "Private Construction of Public Works Improvements" and adding several new sections. 6 109 FEBRUARY .,7, 1995 19. OTHER BUSINESS It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, THAT THE CITY SEND A LETTER TO SENATOR DECCIO ENDORSING THE I/ CONCEPT OF THE EXPANSION OF THE YAKIMA CONVENTION CENTER FINAL REVIEW OF THE SPECIFIC SITE PLAN WHEN COUNCIL MEMBER BERGER RETURNS. Council Member Beauchamp stated the City should endorse the concept of the expansion of the Yakima Center to provide 25,000 square feet of meeting space at a cost of approximately 10 million dollars. He recommended Council send a letter to Senator Deccio endorsing the concept and requesting his help to secure funding. He also recommended the Council make final decisions on the site plan when Council Member Berger returns. Council Member Brado expressed concern over the plan to close a portion of North 8th Street, as it will greatly inconvenience the citizens of Yakima. Council Member Buchanan commented that since the Council has already asked Senator Deccio to help obtain financing for the project, the Council needs to reaffirm their support of the project. Although he supports the project, Council member Barnett felt this issue should be discussed in -depth as a scheduled Council agenda item. Mayor Berndt clarified the report scheduled for a later Council agenda is for a specific plan and today's discussion is just to support the concept. THE QUESTION WAS CALLED FOR A VOTE ON THE MOTION. The motion carried by 4 -1 voice vote; Brado voting nay; Barnett abstaining; Berger absent. Information Items: Items of Information provided to Council were: Petition #1181 from Rick Foley and concerned citizens regarding pornography. 1/30/95; Hearing Examiner Agenda for I/ February 9, 1995; Northeast Yakima Neighborhood Association General Meeting Agenda for February 14, 1995; Narcotics Enforcement Quarter Report, January 9, 1995; Pending Assignments in the Office of Environmental Planning, February 7, 1995; Legal Department Monthly Report for December 1994; Code Administration Monthly Division Report for January, 1995; Hanford Update Bulletin, Jan /Feb 1995; Memorandum from AWC regarding Governor's Task Force on Regulatory Reform, 1/26/95; Meeting Minutes from SUNTRAN (Yakima Valley PTBA) 7 110. FEBRUARY 7, 1995 Board of Directors from January 4, 1995 meeting; Seattle P.I. newspaper article 'Unfunded mandates' under attack, 1/29/95; Article from Governing magazine entitled A guide to the Environmental Mandate Maze, February 1995; and Article from The Atlantic Monthly, entitled Really Reinventing Government, February 1995. 20. EXECUTIVE SESSION REGARDING PROPERTY DISPOSITION /ACQUISITION: A. ELKS PARK PROPERTY B. AIRPORT PROPERTY C. I -82 PROPERTIES It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS THE ABOVE REFERENCED SUBJECTS, WITH IMMEDIATE RECONVENING THEREAFTER TO CONSIDER AGENDA ITEM NO. 21. The motion carried by unanimous voice vote; Berger absent. 21. RECONVENE TO PUBLIC SESSION /CONSIDERATION OF LEGISLATION REGARDING I -82 RIGHT -OF -WAY ACQUISITION /CONDEMNATION ORDINANCE ORDINANCE NO. 95 - having been read by title, it was MOVED BY BARNETT, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by 5 -1 roll call vote; Brado voting nay; Berger absent. ORDINANCE NO. 95 - 7, AN ORDINANCE authorizing and directing the law firm of Lyon, Weigand, Suko & Gustafson to institute and prosecute legal proceedings for the condemnation and acquisition of real property for the improvement of the I -82 /Yakima Avenue Interchange Area and Fair Avenue and for the installation of curbs, gutters, sidewalks, structures, roadways, facilities and public utility facilities related thereto; providing for the condemnation and taking of such real property and declaring the condemnation and taking thereof to be necessary for a public use required by the public interests; directing that compensation for such taking be paid from Fund Number 143 - Transportation Improvement Fund of the City of Yakima. City Manager Zais stated staff will stay after the Council meeting to review the condemnation and acquisition process with the news media for the public's benefit of understanding the process. Jerry Foy, 4811 Modesto Way, thanked the Council for their I/ passage of this ordinance. Mr. Foy feels this process protects the citizens that own property and makes it easier to proceed with the project. 8 111 FEBRUARY , 1995 Mayor Berndt reminded the Council that two members will be absent at the February 14th Council' meetings. It was MOVED BY BUCHANAN, SECONDED BY BARNETT, TO AGAIN MOVE INTO EXECUTIVE SESSION TO DISCUSS PROPERTY I/ DISPOSITION AND ACQUISITION, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO FEBRUARY 14, 1995 AT 7:00 A.M. The motion carried by unanimous voice vote; Berger absent. 22. ADJOURNMENT TO FEBRUARY 14, 1995, AT 7:00 AM AT THE CONVENTION CENTER BOARD ROOM FOR INFORMAL DISCUSSION Following the conclusion of the Executive Session, the meeting adjourned at 4:05 p.m. to February 14, 1995, at 7:00 a.m. at the Yakima Convention Center Board Room for informal discussion. READ AND CERTIFIED ACCURATE BY: I G � i / 9 COUNCIL MEMBER DATE COUNC MEMBER DATE ATTEST: 4(0/1L-a CTI 4G CITY CLERK MAYOR MINUTES PREPARED BY ACTING DEPUTY CITY CLERK THOMPSON; AUDIO AND VIDEO TAPES OF THIS MEETING ARE AVAILABLE IN THE CITY CLERK'S OFFICE. 1 9