HomeMy WebLinkAbout05/02/1995 Business Meeting 210
CITY OF YAKIMA, WASHINGTON
MAY 2, 1995
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, Mayor Pat Berndt,
presiding, Council Members Clarence Barnett, Ernie Berger,
Bill Brado, Lynn Buchanan, and Bernard Sims present on roll
call. Council Member Henry Beauchamp absent and excused.
City Manager Zais, City Attorney Paolella, and City Clerk
Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
An Invocation was given by Rick Phillips.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Doug Dodd, Water and Irrigation Superintendent, briefed
Council on the condition of Irrigation District No. 308. He
reported that most of the District has been shut down most of
the week due to a break in the line; however, it should be
back on line this Wednesday or Thursday.
A. PROCLAMATIONS (IF APPLICABLE)
Mayor Berndt declared May 4th as a Day of Prayer and
presented a proclamation to Rick Phillips and Pat Knipper.
Mayor Berndt declared May 6 & 7, 1995 as Woodcarver Weekend
in Yakima. The proclamation was accepted by Rollin Guthrie
who presented the Mayor with a vase and flowers carved out of
wood.
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 Items
Nos. 10 (with the understanding that proper procedures are
followed) and 14 and remove Item No. 11 from the Consent
Agenda. The City Clerk then read the Consent Agenda items,
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; Beauchamp absent.
(Subsequent paragraphs preceded by an asterisk ( *) indicate
items on the Consent Agenda handled under one motion without
further discussion.)
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211
MAY 2,
*5. APPROVAL OF THE MINUTES OF THE APRIL 4, 1995 BUSINESS MEETING
The minutes of the April 4, 1995 Business meeting, was
approved, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
6. PUBLIC HEARING ON GARRETT STREET AND ADJACENT ALLEY RIGHTS -
OF -WAY VACATION WEST OF NORTH 6TH AVENUE, REQUESTED BY DAN
TILLEY (PLEASE BRING MATERIAL PREVIOUSLY DISTRIBUTED)
This being the time set for the public hearing, Larry
Lehman, Associate Planner, presented a brief overview of the
request to vacate right -of -way on Garrett Street and
adjacent alleyways. The Hearing Examiner recommended
approval of the applicant's request except for a portion of
the end of Garrett Street. Mr. Lehman summarized the staff
recommendation to add a condition which would grant the
right -of -way vacation only upon issuance of a building
permit for the development project within one year of this
Council action to approve the vacation. If no permit is
issued within one year, this action by the Council becomes.
void. There was additional discussion about the applicant's
original plan to build a 60 -unit housing development. Mayor.
Berndt opened the hearing for, public testimony. Daniel
Tilley, 313 N. 31st Avenue, described the project that was
planned over a year ago in anticipation of trying to do a
turnkey project for the Yakima Housing Authority. In the
process of talking with ,the neighbors about the vacation of
right -of -way, he learned that although the neighbors did not
care that something was going to be built there, the
neighbors voiced a concern that the streets had not been
maintained. The neighbors have been fighting problems with
weeds, fires, dumped garbage, vandalism, and graffiti. The
neighbors support the vacation of the streets, not
necessarily because of the building of affordable housing
units. He requested Council vacate half of Garrett and
maintain the other half at 20 feet. Mayor Berndt asked
Mr. Tilley if he brought this to Mr. Lamb's attention at the
time, or is it a new concept. Mr. Tilley stated these plans
were reviewed with Mr. Lamb in December, and Mr. Lamb told
him. a 20 -foot access was necessary to provide a neighbor
access to his driveway. He suggested Mr. Lamb might not
have remembered the other suggestions they had made, and in
his last report Mr. Lamb said there had to be a 20-foot
access to a street, not an alley or other road. Mr. Tilley
described the cooperative effort working with Yakima Valley
OIC, Yakima Housing Services and the Housing Authority to
help determine financing possibilities for the project.
Dixie Kracht, Block Grant Manager, explained Block Grant
funds, originally earmarked for infrastructure needs, are no
longer dedicated to this project due to a change in Council
direction. Ms. Kracht also pointed out that the
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participation of the Housing Office would be technical
assistance, and assistance to another agency, but there
would not be City money in this project. Council Member
Brado felt that before any right -of -way vacation is granted,
he would like to see something firm on what is going to be
there and how it is going to happen. He suggested
Mr. Tilley come back with a specific planned development
which would provide neighbors an opportunity to address the
issue when public right -of -way is vacated. Mr. Tilley
explained the original request to vacate right-of-way was
for a 40 -foot wide strip, however, Mr. Lamb suggested a 20-
foot wide strip instead. That would vacate the south half
of Garrett Street and leave a 20 foot wide street.
Mr. Tilley does not have a problem with Mr. Lamb's
recommendation; however, Mr. Lamb stated 20 feet in his
recommendation, but he printed 40 feet on the map.
Mr. Tilley did not know if that was an oversight on the
Hearing Examiner's part or not. Mr. Tilley explained his
request is to vacate half of the right -of -way, which would
serve Hearing Examiner Lamb's recommendation for 20 feet.
Council Member Buchanan objected to a 20 -foot right -of -way.
Council Member Barnett commented that specific details of
the project should be included in the application, rather
than the information being provided verbally. Mayor Berndt
suggested one possibility to accomplish that would be to
remand this matter to the Hearing Examiner for further
review in light of the apparent error that was made.
Council Member Brado asked staff if it would be possible to
come back with a planned development so the neighbors could
see what is actually going to happen to this piece of land.
Don Skone, Planning Manager, stated the appropriate zoning
is in place, so the only issue in front of the Council is
the right -of -way vacation, not project approval. Although
he did not want to delay Mr. Tilley's project, Council
Member Barnett reiterated his request for specific project
information. Mr. Skone provided his interpretation of the
Hearing Examiner's recommendation as it relates to right -of-
way access requirements. Council Member Barnett agreed the
Hearing Examiner intended to provide access, but felt it was
not clear exactly what the Hearing Examiner intended.
Mr. Tilley stated he did not want to stop all the progress
which had been achieved in getting financing for this
project over the last year. He stated before any agency
will provide financing, proof of ownership is required. He
stated there is no question that the neighbors want this
right -of -way vacated. He stated the project needs to move
forward because the $1 million grant from the Housing Trust
Fund would be lost without this vacation, and there is a
$500,000 grant from OIC which could not go toward the use of
this property without the vacation. Council Member Sims
reminded Council about its policy that landowners pay 50% of
the value of the vacated property. Mr. Skone stated that
applies to "improved" rights -of -way where there is paving,
curbs and gutters; in this case there are no improvements.
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MAY 2,° 1995
Council Member Buchanan would create a cul -de-
sac without a hammerhead or a' loop at the end of it.
Mr. Skone stated this would create that situation, and in
order to remedy that some dedication of right -of -way would
be needed. Mr. Tilley stated there is no plan to ask for a
1/ hammerhead or loop, but he felt the procedure is to go
through one process at a time. He stated if a plan is
brought to staff which needs a hammerhead or loop, that will
be addressed then. He felt the proper process had been
followed. He commented that until the funding is in place
there is no way to bring a project plan in, and the funding
cannot be put in place until this vacation is approved.
Betty Gaudette, 701 N. 6th Street, asked if the proposed 60
units of new housing is in the Garfield Elementary School
District. She felt there are a number of questions to ask
concerning this project. Mayor Berndt stated those types of
questions would be addressed at the time of permit issuance.
Mrs. Gaudette expressed unhappiness with the idea of giving
the right -of -way away first and then later asking details
about the development that will be built: There being no
other citizen wishing to address this issue, the public
hearing was closed. It was MOVED BY BRADO, SECONDED BY
BUCHANAN, to disapprove this vacation until an
actual project is presented which the vacation would
serve. Council Member Brado explained if the access and
easements were eliminated today and someone came along later
with another project, that could be a problem. He stated
the map supplied today looks to be about 40 years old, and
the owners of the property bought it with the present
easements and rights- of- way ;on it, which dispels the
argument that vacating these alleyways will clean up the
property. He felt the only thing that will clean up the
property is if the property is developed. He stated if
someone brought a project in and showed what was going to be
done he would be in favor of the vacation. The question
was called for a vote on the - motion. The motion
carried by a unanimous voice -vote; Beauchamp absent.
7. AUDIENCE PARTICIPATION
Betty Gaudette, 701 North 6th Street, thanked Council. Mayor
Berndt commented she assumes the "thank you" is for the
City's efforts regarding neighborhood clean -up effort. She
stated there was a press release given this morning that
1/ describes this program. The Code Administration, Rebound
Plus and Parking Enforcement Divisions will work together to
identify and alleviate parking and code problems in the north
central and northeast areas. A class will also be given to
educate citizens on the permit process.
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MAY 2, 1995
8. CONSIDERATION OF REQUEST FOR COUNCIL DIRECTION REGARDING
STREET COMMITTEE RECOMMENDATIONS
Council Member Barnett pointed out that the $91,272 figure in
the report does not equal the total of the items. Mayor
Berndt reported there is a new handout provided to Council
just before this meeting. Staff responded to Council's
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questions and concerns about charging for the Fall Leaf Pick -
Up and the transfer of several functions to the Refuse
Division. Council Member Barnett commented that the costs
for these tranferred functions would require a 7 -8 percent
increase in refuse rates and in order to net $87,000, you
would need to raise $103,513 because of the utility tax and
State tax. Council Member Berger suggested a work session be
held on these items to give some direction to staff for the
1996 budget. He commented the street utility tax issue
should go to a vote of the people. Mayor Berndt responded
that State law precludes this going to a vote of the people;
but the City could do an advisory ballot. It was MOVED BY
BERGER, SECONDED BY BRADO, THAT WE HAVE A WORK
SESSION TO DISCUSS WITH STAFF TO SOME EXTENT WHAT WE
WANT OUT OF THIS AND WHEN WE GO INTO THE 1996 BUDGET
SESSION, WE WILL DEAL WITH IT. City Manager Zais stated
the work session could be scheduled within the next month.
He stated he is hearing a consensus to bring back alternative
revenue sources and cost reductions from other divisions to
be discussed in the course of the 1996 budget preparation.
Dan Arnett, Committee member, spoke about the needs and wants
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of the people and the lack of funding to meet those needs and
wants. Betty Gaudette asked who is liable if someone gets
hurt due to potholes located within the railroad tracks.
Mayor Berndt stated the railroad company would be held
liable. Ms. Gaudette asked who did the work on the crossing
at Naches and "G" and why didn't the City bill the railroad
company for the work done at 6th and "G ". This question was
referred to staff. The question was called for a vote .
on the motion. The motion carried by 5 -1 voice vote;
Buchanan voting nay; Beauchamp absent.
9. STATUS REPORT FROM PUBLIC WORKS, POLICE, AND LEGAL
DEPARTMENTS REGARDING CITY GRAFFITI REMOVAL PROGRAM
Dave Hussell, Street and Traffic Operations Manager,
responded to Council's questions concerning the painting over
of graffiti. Mayor Berndt reported there will be a meeting
on graffiti tomorrow morning which she and Council Member
Brado will attend. She stated the Committee intends to
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present a report to Council on available options. City
Manager Zais commented the funding source would be the
General Fund or the Contingency Fund. Staff would like to
try this program for six months and then come back to Council
with a recommendation for 1996. It was MOVED BY BUCHANAN,
SECONDED BY SIMS, TO INITIATE A SERVICE AGREEMENT
WITH YAKIMA COUNTY, THE FUNDING TO COME FROM THE
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MAY ,2, 1995
GENERAL FUND. The.mot,ion carr by unanimous voice vote;
Beauchamp absent. CityManager Zais stated staff will return
with the appropriate legislation.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING THE ACQUISITION OF
PROPERTIES FOR I -82 /GATEWAY PROJECT
1/ RESOLUTION NO. R 95 - 68, A RESOLUTION authorizing and
directing the City Manager and City Clerk of the City of
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Yakima to execute real estate purchase and sale agreements
with various property owners to implement the Yakima I-
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82/Gateway Project.
11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
FOR ARCHITECTURAL SERVICES FOR FIRE BOND PROJECTS
John Klingele, 1312 West Walnut, expressed his concern that
locating a new fire station at 40th and Englewood on property
purchased by the Water Department would preclude the
construction of a water reservoir at that level. Fire Chief
Chronister reported the Committee took that into
consideration when considering this location for the new fire
station. The fire station would-be situated on the property
so that the reservoir could still be built. He stated the
plan calls for a berm or landscaping to lessen the noise
factor for the nursing home located next to that site.
Resolution No. R -95 -69 having been read by title, it was
MOVED BY BERGER, SECONDED BY BUCHANAN, TO ADOPT THE
RESOLUTION. The motion carried by unanimous roll call
vote; Beauchamp absent, .= ; Member Brado requested staff
address the issues raised by John Klingele.
RESOLUTION NO. R 95 - 69, A RESOLUTION authorizing and
directing he City Manager and City Clerk of the City of
Yakima to execute an agreement for architectural services
with Davis, Opfer, Raab Architecture.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING THE-FILING OF A MEMO
OF UNDERSTANDING WITH THE FEDERAL HOME ADMINISTRATION FOR
FUNDING OF THE HOUSING DEMONSTRATED ABILITY PROGRAM
RESOLUTION NO. R 95 - 79, A RESOLUTION authorizing and
directing the City Manager of the City of Yakima to execute a
Memorandum of Understanding with the Federal Home
1/ Administration for funding of the Demonstrated Ability
Program. •
*13. APPROVAL OF FINANCIAL REPORTS: •
•
A. FIRST QUARTER 1995 BUDGET REPORT • —
The First Quarter 1995 Budget Report was accepted.
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MAY 2, 1995
B. FIRST QUARTER 1995 ACCOUNTS RECEIVABLE REPORT
The First Quarter 1995 Accounts Receivable Status Report was
accepted.
*14. CONSIDERATION OF ORDINANCE AMENDING THE CITY DISTRICT
BOUNDARIES IN ACCORDANCE WITH CITY CHARTER REQUIREMENTS
ORDINANCE NO. 95 - 24, AN ORDINANCE relating to city
government; designating and describing City Council Election
Districts by the adoption of an election district map;
assigning City Council "district position numbers "; and
amending Chapter 1.04, "City Council Election Districts," and
Sections 1.04.020, and 1.04.030 of the City of Yakima
Municipal Code.
15. OTHER BUSINESS
Council Member Barnett asked about the City's liability when
private citizens create speed bumps in alleyways and someone
gets injured as a result of the speed bump. City Attorney
Paolella stated there is always a potential liability. He
stated if we have knowledge of it, it is possible the City
would have some liability.
There was discussion regarding Initiative 164 which could
impact the Critical Areas Ordinance of the Growth Management
Act. Council Member Barnett asked if we are proceeding along
the lines where we will have to withdraw from this due to the
Initiative. City Manager Zais stated he would have to check
on this before he could provide an answer.
Information Items:
Items of information provided to Council were: Yakima
Greenway Foundation April 27, 1995 News Conference re:
Crime on the Greenway; Yakima Urban Area Comprehensive
Plan: Monthly Status Report for May 1995; Traffic
Engineering Citizen Request and Activity Report for April
1995; Monthly Annexation Status Report for April 1995;
Narcotics Statistics for month of March 1995; Legal
Department Monthly Report for March 1995; Office of Housing
and Neighborhood Conservation Monthly Report for March 1995;
Rebound Plus Monthly Report for March 1995; Assignments
Pending in Office of Environmental Planning as of May 2,
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1995; Agenda for the May 4, 1995 Downtown Area
Redevelopment Committee meeting and minutes of its April 6,
1995 meeting; Agenda for May 1, 1995 Westside Merchants and
Business Association meeting; Agenda for the May 2, 1995
Yakima County Substance Abuse Coalition meeting and minutes
of its April 4, 1995 meeting; Minutes of the April 3, 1995
Yakima Youth Commission meeting; Agenda for the April 27,
1995 Yakima Air Terminal Board meeting and minutes of its
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MAY 2;:1995
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March 23, 1995 meeting;, .Washington State Labor Area Summary
for Yakima MSA; February 1995` ;'' Article from April 25, 1995
Seattle Post - Intelligencer, "City Hall Sounds the Alarm Over
Initiative 164 "; and Memo from Association of Washington
Cities regarding AWC Activities Related to Initiative 164
1/ and Referendum 48. 4/21/95 .
16. ADJOURNMENT TO MAY 9, 1995 AT 7:00 AM AT THE YAKIMA CENTER
FOR INFORMAL DISCUSSION
It was the general consensus of the Council not to hold the
adjourned meeting scheduled for 7:00 a.m. next Tuesday. The
meeting adjourned at 3:40 p.m.
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CITY CLERK MAYOR
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An audio and video tape of this meeting are available in the City Clerk's Office.
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