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
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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
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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
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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,
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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;
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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
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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.
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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.
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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.
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