Loading...
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. * * * * * * * * * * * * * * 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. 288 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 2 289 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. 3 2'99 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. 4 291 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. 5 292 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) 6 293 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. 7 294 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. 8 295 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 10 -441e.dic g'• 5- 9 7 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. • • • • 9