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.
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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.
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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
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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
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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.
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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.
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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)
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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.
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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.
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