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HomeMy WebLinkAbout03/21/1995 Special Meeting 1 5 9 CITY OF YAKIMA, WASHINGTON March 21, 1995 SPECIAL MEETING I/ The City Council met in session on this date at 2:00 p.m. at the Masonic Center, 510 North Naches Avenue, Yakima, Washington. Mayor Pat Berndt presiding, Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger, Bill Brado, Lynn Buchanan, and Bernard Sims present. City staff members present were City Manager Zais, City Attorney Paolella, City Clerk Roberts, and Deputy City Clerk Skovald. The Invocation was given by Council Member Beauchamp. Public Meeting To Consider Appeal Of Hearing Examiner Decision Regarding Washington Middle School This being the time set for the special public meeting, Mayor Berndt explained the purpose of this meeting is to consider the appropriateness of the Hearing Examiner's decision regarding the Washington Middle School. At this time, Mayor Berndt asked all Council members to disclose any exparte contact. Council Members Barnett and Brado detailed their exparte contacts involving this issue which included written material received, meetings attended, as well as comments heard from citizens. Mayor Berndt and Council Member Beauchamp described their conversations with the appellants and also the respondent in this appeal. Council Member Sims explained that other than reviewing the packet information and video tapes, he had not received any outside information or had any individual contact with any of the people involved in this hearing. Council Member Buchanan explained that, essentially, he had the same contacts that Council Member Barnett listed. He also had several other contacts with Maud Scott and Rosemary Small. In addition, he received phone calls from people on the east side of town, and had City employees talking to him about it. He hadn't had any contacts since Noon (March 21) when Don Davidson contacted him at Kiwanis. He had heard a lot of comments, pro and con, on this issue. Council Member Berger explained that several weeks ago, prior to any known appeal, he spoke with Bev Luby Bartz and Maud Scott and the discussion centered only on keeping the old bulilding. He has reviewed the VCR tapes on the Class III Review I/ and also received a packet of information from Maud Scott. City Attorney Paolella reviewed the agenda and explained the meeting procedures for this quasi- judicial proceeding. Mr. Paolella also presented a briefing which included definitions and examples of the Council's jurisdiction of authority, allowable testimony, time limitations,.` and an explanation of legally relevant issues. Basically, Council will decide whether or not 160 MARCH 21, 1995 the Hearing Examiner made a correct decision in granting Class III approval of the Washington Middle School proposal. From time to time throughout this meeting, speakers were reminded during their testimony that their comments must be relevant and within the allowable parameters of content or time. Dan Valoff, Associate Planner, referred to the site plan and described the proposal. He provided a brief history of the Class III application and provided a brief overview of the appeal procedure that was utilized by the Washington Middle School Path Finding Committee ( WMSPFC). Maud Scott, a member of the WMSPFC, described her involvement and recognized those who have participated in Southeast Yakima Community Center activities. She directed attention to the Enterprise Zone Application and felt it should be noted that density was discussed during the Hearing Examiner's hearing. From her perspective, there was a tremendous growth in the 1990 Census. Without any plan to increase infrastructure expenses to keep pace with that growth, the increased population has put a strain on public services. Ms. Scott provided statistics on the Washington Middle School and the Yakima School District population. She criticized the Yakima School District for not giving more consideration to the increased population predictions when they planned for future enrollment. In addition, she feels those public services should be located close to the neighborhood. Rosemary Small, 1006 S. 25th Avenue and a member of the WMSPFC, also provided her perspective concerning the number of students and the size of the school. She argued that the Yakima School District did not submit school population density information to the Hearing Examiner and accused the Yakima School District of discriminating against the dense population living within the neighborhood. Maud Scott requested a meeting with the Yakima School District, the City of Yakima and the WMSPFC to discuss the size, location and type of school facilities needed in this neighborhood. Council Member Beauchamp asked why census figures and infrastructure development information was not discussed during the SEPA review. Ms. Scott explained they requested information from the School District concerning the number of children being bussed, the number of buses used, and the destination school. She I/ indicated that information was not received in a timely manner. Rocky Jackson, Attorney for the Yakima School District, requested the Addendum and the document presented by Maud Scott not be included in the official record because it is new information. Mr. Jackson presented the Yakima School District's point of view concerning what constitutes a relevant issue for Council to consider. The Yakima School District believes they complied with 2 MARCH 21, 1995 1 6 1 the Zoning Ordinance and that the Class III Review decision of the Hearing Examiner is appropriate. He'Urded the Council to confirm the Hearing Examiner's recommendation to approve their application for a building permit. Joe Falk, Chairman of the Yakima School Board, pointed out the proposed new building will provide students with a modern learning environment that will meet their needs. Equally important, the new building will be completely compatible with the surrounding neighborhood and will serve to complement other updated facilities within the neighborhood. In conclusion, Mr. Falk described some of the details of the new building's design and then urged the Council to deny the appeal. Mickie Clise, Principal of Washington Middle School, explained why the new middle school is needed in this area and emphasized the importance of preparing students academically for their future. She also described some of the critical elements of the new school's design as well as its location and site size. She pointed out the project will include a full outdoor physical education and athletic facility planned in Phase II of the project. At this time, Mayor Berndt asked if there were any questions of the School District. There being none, she opened the hearing for public testimony from those who support the appeal. In order for everyone who wished to speak to have the opportunity to do so, speakers were asked to limit their remarks to three minutes. Philip L. Pleasant, 70`S: 7th. Avenue; Philip Small, 1006 S. 25th Avenue; Hector Franco, Nicolas Roman, 307 E. "G" Street; Felipe Lopez', Bill Nicacio, Bev Luby Bartz, 114 N. 7th St.; Luz Gutierrez, Larry Mathews, 805 S. 17th Avenue; John Rosco, Richard Andring, 203 S. 8th Avenue; Margaret Keys, John Klingele, 1312 W. Walnut Street; Alberto P. Garcia, 419 E. "Q" Street; and Ester Huey, 1211 S. 7th Street; spoke in opposition of the Hearing Examiner's decision. Council recessed from 3:34 p.m. until 4:00 p.m. At this time, Mayor Berndt invited those who wished to speak in support of the Hearing Examiner's decision. Rev. John Everhart, 1012 S. 8th Street; Juan Aguilar, Greg Luring, 4305 Scenic Drive; Randie Gottlieb, 5404 Mt. Axi Way; Leni Skarin, 4504 Surrey Lane; Lee Paggett, Martha. Rice, 1607 S. 7th Avenue; Paul Strater, I/ 4703 Conestoga; Marj Race, Troy Gardner, Carolyn Baines, 3217 S. 9th Street; Martha Mathews, 703 N. Naches Avenue; Verna Beggs, 12Q4 E. Spruce; Richard Andring, Melvin Stubblefield, 606 S. Canyon Road; Juan Garcia, 1201 Swan Avenue; Gary Webster, Curtis King, 711 S. 24th Avenue; Mark Sobolik, 417 S. 26th Avenue; Jo Shafer, 3609 Carol Avenue; Rick Gagnier, Michelle Orton, Carol Licht, 6 Gilbert Drive; Tom Gasseling, 714 N. 44th Avenue; Mary Place, 5710 Marilane;, Jose Pulideo, 1109 S. 6th Street; 3 162 MARCH 21, 1995 Ressa Zuber 4204 E. Hillcres.t Drive; spoke in favor of the Respondent's point of view. Rosemary Small suggested the open space at the site be used for classrooms instead of parking. Maud Scott expressed concern about -, traffic patterns around this new building. Larry Petry reiterated the School District's position concerning compatibility of the new school with the neighborhood. He also I/ described the open space improvements planned for the project. The school is designed to be safe, and configured logically. At the conclusion of the public meeting,' there was a considerable amount of discussion and comments among Council members and staff about the appeal. It was MOVED BY SIMS, SECONDED BY BERGER, TO AFFIRM THE HEARING EXAMINER'S DECISION. The motion carried by unanimous roll call vote. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADJOURN. The motion carried by unanimous voice vote. Immediately following that vote, Rocky Jackson requested Council formalize the decision. After a brief discussion about the request, it was MOVED BY SIMS, SECONDED BY BERGER, TO RECONVENE AT 5:05 P.M. The motion carried by unanimous voice vote. Resolution No. R -95 -48 having been read by title; it was MOVED BY SIMS, SECONDED BY BERGER, TO ADOPT THE RESOLUTION INCLUDING THE CHANGES THAT WERE MADE WITH THE UNDERSTANDING THAT THERE WERE SOME VERBAL CHANGES SUCH AS FINDINGS OF FACTS AND CONCLUSIONS OF LAW, ETC. The motion carried by a unanimous roll call vote. • RESOLUTION NO. R 95 - 48, A RESOLUTION adopting and approving the Hearing Examiner's decision regarding Yakima School District No. 7's application for Class 3 review of its proposal to construct a new two - story, 85,000 square foot building to replace the existing Washington Middle School at 501 South 7th Street, Yakima, Washington. • It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADJOURN TO MARCH 28, 1995, AT 2:00 P.M. The motion carried by unanimous voice vote. 4 MARCH 21, 1995 1 6 3 There being no further matters to come before the Council, the meeting adjourned at 5:10 p.m. READ AND CERTIFIED ACCURATE BY : E /�i_t_ G/4.77 I/' 4UNCIL MEMBER DATE COUNCIL ER DATE ATTEST: CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Skovald; an audio and video tape of this meeting are available in the City Clerk's Office. • 5