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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.) 1995 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 PAGE 2 212 MAY 2, 199,5 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. • PAGE 3 213 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. PAGE 4 214 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 I/ 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 • 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 I/ 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 PAGE 5 2 15 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 • Yakima to execute real estate purchase and sale agreements with various property owners to implement the Yakima I- . 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. PAGE 6 216 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, I/ 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 PAGE 7 217 MAY 2;:1995 • 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. 41...c.-)40% READ AND CERTIFIED ACCURATE BY: `.aw- /�ot�,- `� 7 40 L I MB R DATE CO CIL ME I'. DATE ATTEST: A( , pc__ CITY CLERK MAYOR • • An audio and video tape of this meeting are available in the City Clerk's Office. • PAGE 8