HomeMy WebLinkAbout08/22/1995 Business Meeting 287
CITY OF YAKIMA, WASHINGTON
SPECIAL PRESENTATION
AUGUST 22, 1995
1/ PUBLIC PRESENTATION OF NEW FIRE APPARATUS
The Fire Department demonstrated the new 75 -foot aerial fire
apparatus for the public at 1:30 p.m. in the parking space
adjacent to North 3rd Street.
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CITY OF YAKIMA, WASHINGTON
AUGUST 22, 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, Henry
Beauchamp, Ernie Berger, Bill Brado, Lynn Buchanan, and
Bernard Sims present on roll call. City Manager Zais, City
Attorney Paolella, Assistant City Attorney Peterson, and
City Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
It was MOVED BY BERGER, SECONDED BY SIMS, TO APPOINT
MEL LEWIS TO THE DOWNTOWN AREA REDEVELOPMENT
COMMITTEE. The motion carried by unanimous voice vote.
Council Member Brado having resigned as a Council
representative on the Health District Board, it was MOVED
BY BRADO, SECONDED BY BARNETT, TO APPOINT COUNCIL
MEMBER BERGER TO THE DISTRICT BOARD OF HEALTH. The
I/ motion carried by unanimous voice vote.
Council Member Beauchamp referenced a recently filed damage
claim on asphalt /road tar and asked if there is an
established procedure to keep traffic off the hot asphalt
mixture. He also referred to a damage claim to repair a car
door after the police helped a citizen who was locked out.
Legal staff was directed to investigate the frequency of this
type of damage claim and determine whether a procedure exists
which requires a signed release of liability form.
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AUGUST 22, 1995
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.
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. (Subsequent paragraphs preceded by an
asterisk ( *) indicate items on the Consent Agenda handled
under one motion without further discussion.)
*5. APPROVAL OF THE MINUTES OF THE FEBRUARY 14 AND 28, 1995
ADJOURNED MEETINGS AND AUGUST 8, 1995 BUSINESS MEETING
The minutes of the February 14 and 28, 1995 Adjourned
meetings and August 8, 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.
6. AG SHOWCASE UPDATE BY TRADEC
Ed Harrell, Director of Ki -Yak and Administrator of the
Agricultural Showcase, thanked the City for its sponsorship
which has leveraged a considerable amount of other funding,
both public and private. Glenn Phipps announced there will
be an air charter /cargo combination flight from major
distribution and growing areas in Mexico to Yakima. Business
leaders in the import /export market along with officials) of
Mexico hope to develop the counter -trade market with the
Yakima Valley. Scott Jackson, President of TRADEC, provided
brochures to the Council describing the events scheduled to
take place during the Fourth Annual Agricultural Showcase.
He also described enhanced future trade linkages established
by the official delegation, led by Council Member Buchanan,
during their recent trip to China.
7. CONTINUED PUBLIC HEARING ON VACATION OF RIGHTS -OF -WAY ON
GARRETT STREET AND ADJACENT ALLEY, REQUESTED BY DAN TILLEY
This being the time set to continue the public hearing, Joan
Davenport, Supervising Associate Planner, reviewed the
project. She directed Council's attention to new information
consisting of an up -to -date site plan and the current status
of the applicant's loan from HUD. The request to vacate an I/
unimproved portion of Garrett Street and portions of two
alleyways was the subject of separate public hearings before
the Hearing Examiner and the City Council earlier this
spring. Staff recommends honoring the petition as submitted
by the applicant as well as including the Hearing Examiner's
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AUGUST 22, 1995
recommendation to retain public utility easements in all of
the alleyways and the' street. '" Iaddition, staff recommends
a requirement that there be a building permit issued by the
City within 18 months of the Council's action and that it be
issued for a plan that is consistent with the current site
plan. Staff also recommends all of the mitigated measures
1/ contained in the Mitigated Determination of Nonsignificance
(MDNS) be required prior to the City vacating those streets,
including construction of sidewalks, paving of alleyways, and
installation of street lights. There was discussion that the
applicant will need to dedicate additional right -of -way in
order to meet pavement requirements. Ms. Davenport also
explained that the Hearing Examiner had expressed concern,
along with adjacent property owners, that the vacation of
Garrett Street would cause two properties to have less than
full access of public streets. Since the applicant has
acquired ownership of one of the properties, Mr. Tilley feels
those concerns are resolved.
There were comments and questions from Council members to
staff concerning whether this project would be for the very
low income or the moderately low income and about unimproved
alleyway access.
Mayor Berndt opened the public hearing and asked if anyone
wished to speak in favor of the vacation.
Dan Tilley, 313 North 31st Avenue, explained details of the
10 -foot right- of- way ,is„ planning to dedicate. He also
spoke about the lack' 'of ' available R -3 zoned property
throughout the City. Mr. Tilley requested the vacation be
approved as petitioned.
Tom Parker, Acting Assistant Director of the Yakima Housing
Authority, spoke in favor of the project. He reported the
loan commitment for the financing of the project has been
approved by the State and is contingent upon serving the 50
percentile low income status. The Housing Authority will be
screening the applications for prospective tenants. Mayor
Berndt asked about the tax roll ramifications, but Mr. Parker
didn't know the answer to her question.
Mayor Berndt asked if anyone else wished to comment, either
1/ for or against the vacation request.
Kathryn Eims explained her interest in the property and
expressed objection if the vacation request was not approved
because it would affect her property rights. She requested
the closing of the sale of property be precedent to the
vacation approval. Mr. Tilley indicated he had no objection
to making the closing a condition precedent upon the vacation
request.
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AUGUST 22, 1995
There being no one else present who wished to comment about
this issue, Mayor Berndt closed the public hearing.
It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, THAT THE
VACATION IS CONTINGENT UPON THE CLOSING OF THE SALE
OF THE EIMS PROPERTY; THAT THE VACATION BE ALLOWED
WITH EASEMENTS TO THE ALLEY AND ROADWAYS; AND THAT WE
USE THE SEPA HEARING OF NOVEMBER 1994, WHICH INCLUDES
SIDEWALKS AND STREET LIGHTING; THAT WE GO BACK TO THE
ORIGINAL PETITION, INSTEAD OF THE HEARING EXAMINER'S
RECOMMENDATION; THAT THE VACATION WILL NOT BECOME
EFFECTIVE UNTIL THE BUILDING PERMIT IS ISSUED WITHIN
18 MONTHS; AND RIGHT -OF -WAY FOR UTILITIES BE RETAINED
BY THE CITY. The motion carried by unanimous voice vote.
8. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION ON
REZONE OF PROPERTY AT 3801 RIVER ROAD,, REQUESTED BY
BUTLER /HANEY
This being the time set for the public meeting, Joan
Davenport, Supervising Associate Planner, reviewed the 6 -acre
rezone request. Located in the vicinity of the Perkins
Restaurant and the Bi -Mart property on River Road, the
property is partially zoned Small Convenience Center (SCC)
and Light Industrial (M -1); the request is to change it to
Central Business District Support (CBDS). A hotel /motel
concept with some retail development is proposed, although
review has been limited to just changing the zoning and is
not project specific. Road improvements and water and sewer
improvement review would come in the project portion of the
process. There was some discussion of the philosophy of
industrial zoning and current commercial development in the
area, making it desirable for retail uses instead of
industrial uses. Ms. Davenport reported there are
improvements scheduled for Phase 2 development at Chesterley
Park, which have not yet occurred. She also explained that
when a SEPA review is done, issues such as whether the City
still retains public right -of -way will be discovered during
that part of process.
Mayor Berndt opened the public meeting and asked if anyone
wished to comment in favor of the proposal.
Dr. Lloyd H. Butler, applicant and principal in the proposed
development, explained the River Road frontage improvements
will be done to match adjacent properties and that future
commercial development of this property would be compatible
with the surrounding land uses. He explained why a motel is
needed at this West Yakima site and reported there have not
been any objections from anyone in the area.
Mayor Berndt asked if anyone else wished to comment about the
rezone request. There being no one, she closed the public
meeting.
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AUGUST 22, 1995
Oft
After all Council members declared no exparte contact, the
City Clerk read Ordinance No. 94 -42 by title. It was MOVED
BY BARNETT, SECONDED BY SIMS, TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote.
1/ ORDINANCE NO. _95 - 42, AN ORDINANCE rezoning 6 acres
located in the vicinity of 3801 River Road in Yakima,
Washington, from Light Industrial (M -1) and Small Convenience
Center (SCC) to Central Business District Support (CBDS) and
amending the zoning map of the Yakima Urban Area accordingly.
9. AUDIENCE PARTICIPATION
None
10. APPROVAL OF RIGHT -OF -WAY USE PERMIT ADJACENT TO FEDERAL
BUILDING AT CHESTNUT AND 3RD STREET, REQUESTED BY U.S.
MARSHAL'S OFFICE
Camron Parker, Department of Community & Economic Development
Intern, provided a brief overview of the U.S. Marshals'
Right -of -Way Use Permit application which requests nine
parking spaces adjacent to the Federal Building be
redesignated from two -hour parking to permit parking.
Mr. Parker also directed Council's attention to
jurisdictional and enforcement issues which were discussed
during a recent meeting ;:with ;.the United States Marshals
Service and City staff. He commented that contact with the
businesses in the vicinity regarding the application elicited
no objections. Council Member Berger reported he spoke with
the owners of the Yakima' Bindery and the Sunfair Building who
are against this request.
Jeff Marty, Deputy United States Marshal, explained granting
of the permit would improve security of the William O.
Douglas Federal Courthouse. The recent bombings of both the
World Trade Center in New York and the Federal Building in
Oklahoma City have necessitated increased national security
measures for all Federal Buildings.
After some discussion about possibly deferring any action
1/ until contact is made with the surrounding businesses, it was
MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO DEFER ANY
ACTION. The motion failed by 2 -5 voice vote; Sims and
Beauchamp voting yes. It was MOVED BY BERGER, SECONDED
BY BEAUCHAMP, TO DENY THE REQUEST. The motion carried
by unanimous voice vote.
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AUGUST 22, 1995
11. REQUEST FOR DIRECTION REGARDING NOTICE OF SETTING DATE OF
PUBLIC HEARING FOR PROPOSED REFUSE LEGISLATION
Jerry Copeland, Public Works Director, requested Council
direction on preferred public hearing notification
alternatives. He suggested mailing postcards which would be
the most expensive, but also the most effective. Council
members emphasized the importance of notifying the public of
I/
any proposed changes and providing opportunity for them to
address the issue. Council members directed that the notice
should be printed clearly to grasp the attention of the
customer. It was MOVED BY BARNETT, SECONDED BY BERGER,
TO PUT AN INFORMATION ITEM IN THE UTILITY BILL. The
motion carried by unanimous voice vote.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
CITY /COUNTY 96TH AVENUE SEWER AGREEMENT
RESOLUTION NO. R - 95 - 117, A RESOLUTION authorizing the
City Manager and City'Clerk of the City of Yakima to execute
an Agreement for Sanitary Sewer Improvements and Funding
between the City of Yakima and Yakima County regarding sewer
construction on North 96th Avenue.
*13. CONSIDERATION OF RESOLUTION RATIFYING RENTAL AGREEMENT FOR
CORTEZ PROPERTY WITHIN FIRE STATION #5 PROJECT
RESOLUTION NO. R - 95 - 118, A RESOLUTION authorizing the
City Manager to execute a Residential Rental Agreement for
the use of certain property at 1308 1/2 S. 10th Street and
1312 S. 10th Street, Yakima, Washington.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH MIKE WYKNENKO FOR SOFTBALL ROUND ROBIN
TOURNAMENT
RESOLUTION NO. R - 95 - 119, A RESOLUTION authorizing the
City Manager and the City Clerk of the City of Yakima to
execute an Agreement between the City of Yakima and Mike
Wyknenko for Slowpitch Round Robin Tournaments, 1996 -1998.
*15. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING
FOR SEPTEMBER 19, 1995 FOR FINAL ASSESSMENT ROLL ON THE
I/
WILLOW AREA WATER LOCAL IMPROVEMENT DISTRICT
RESOLUTION NO. R - 95 - 120, A RESOLUTION fixing a time and
date for a hearing on the final assessment roll for Local
Improvement District No. 1052. (Sets date of hearing for
September 19, 1995)
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AUGUST .`22, 1995
*16. CONSIDERATION OF AMENDED RESOLUTION AUTHORIZING THE EXECUTION
AND FILING OF A FUNDING ASSISTANCE APPLICATION WITH THE IAC
FOR SWAN PARK
I/ RESOLUTION NO. R - 95 - 121, A RESOLUTION authorizing
application for funding assistance for an outdoor recreation
or habitat conservation project to the Interagency Committee
for Outdoor Recreation as provided by the Washington Wildlife
Recreation Program.
*17. NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS (STANDARD
MOTIONS A & B) FOR:
A. INTERCHANGE (FRUITVALE AREA)
August 22, 1995 was set as the time of a meeting with the
initiating parties who have signed a Notice of Intent to
Commence Annexation Proceedings, the initiating parties being
Nick and Clara Rasmussen, et al. The annexation proposed by
the above parties were accepted by the City of Yakima, and
the area to be annexed was required to assume its share of
the City's existing indebtedness, and staff was directed to
file a Notice of Intent to Annex with the Yakima County
Boundary Review Board.
B. FAIRBANKS
August 22, 1995 was set:-.as, the.., time of a meeting with the
initiating parties who have signed a Notice of Intent to
Commence Annexation Proceedings, the initiating parties being
Charles R. and J. J. Butler, et al. The annexation proposed
by the above parties were accepted by the City of Yakima, and
the area to be annexed was required to assume its share of
the City's existing indebtedness, and staff was directed to
file a Notice of Intent to Annex with the Yakima County
Boundary Review Board.
C. WILLOW STREET
August 22, 1995 was set as the time of a meeting with the
initiating parties who have signed a Notice of Intent to
Commence Annexation Proceedings, .the initiating parties being
1/ Douglas Bernd, et al. The annexation proposed by the above
party was accepted by the City of Yakima, and the area to be
annexed was required to assume its share of the City's
existing indebtedness, and staff was directed to file a
Notice of Intent to Annex with the Yakima County Boundary
Review Board.
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AUGUST 22, 1995
*18. APPROVAL OF REPORTS FROM FINANCE DEPARTMENT:
A. CONSIDERATION OF RESOLUTION ACCEPTING THE SECOND QUARTER
1995 CLAIMS REPORT
RESOLUTION NO. R -95 -122, A RESOLUTION accepting and
approving the quarterly Insurance Claims Report.
B. SECOND QUARTER 1995 ACCOUNTS RECEIVABLE REPORT
The Second Quarter 1995 Accounts Receivable Report was
accepted.
C. JULY 1995 BUDGET REPORT
The July 1995 Revenue and Expenditure Report was accepted.
*19. APPROVAL OF SECOND QUARTER 1995 CAPITAL IMPROVEMENT PROJECTS
REPORT
The Second Quarter 1995 Capital Improvement Projects Report
was approved.
*20. SET DATE OF PUBLIC MEETING FOR SEPTEMBER 5, 1995 TO CONSIDER
THE EMERY LANE SUBDIVISION
September 5, 1995 was set as the date for public meeting on
the Emery Lane subdivision.
21. OTHER BUSINESS
None
22. EXECUTIVE SESSION (ALLOW 35 MINUTES):
A. PROSPECTIVE LITIGATION (DAMAGE CLAIMS: DELLINGER,
HERNANDEZ AND MAC LEAN)
B. PENDING LITIGATION (I -82 PROPERTY ACQUISITION)
C. COLLECTIVE BARGAINING
It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO MOVE
INTO EXECUTIVE SESSION TO DISCUSS PROSPECTIVE AND
PENDING LITIGATION AND COLLECTIVE BARGAINING, WITH
IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by
unanimous voice vote.
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AUGUST 22, 1995
23. ADJOURNMENT
Immediately following the conclusion of the Executive
Session, the meeting adjourned at 4:05 p.m.
READ AND CERTIFIED ACCURATE BY: Afir
COUNCIL EMBER
DATE 191.44-1
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COUNCIL ME R DATE
ATTEST:
y g /67:).---eLeAZM c_pv1C-
CITY CLERK MAYOR
The minutes were 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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