HomeMy WebLinkAbout03/05/1996 Business Meeting 461.
CITY OF YAKIMA,,WASHINGTON
MARCH 5, "1996
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, Yakima, Washington,
Mayor Lynn Buchanan, presiding. Council Members Henry
Beauchamp, Ernie Berger, John Klingele, John Puccinelli, and
Bernard Sims present on roll call. Council Member Clarence
Barnett absent and excused. City Manager Zais, City
Attorney Paolella, and City Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member
Puccinelli.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A . PROCLAMATIONS (IF APPLICABLE)
Mayor Buchanan read, and presented to Dorothy Bristow, a
proclamation declaring March 1996 as Women's History Month.
4. CONSENT AGENDA
Mayor Buchanan 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 to remove Item No. 12 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 BEAUCHAMP, THAT THE CONSENT
AGENDA, AS READ, BE ADOPTED. The motion carried by
unanimous roll call vote; Barnett absent. (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 MARCH 24, 1995 SPECIAL MEETING,
APRIL 11, 1995 ADJOURNED MEETING, AND FEBRUARY 20, 1996
BUSINESS MEETING.
The minutes of the March 24, 1995 Special Meeting, April 11,
1995 Adjourned meeting and February 20, 1996 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. PRESENTATION TO KAREN ALLEN FROM EMERGENCY MANAGEMENT
SERVICES
Dave Thompson, Chief Civil Deputy in the Yakima County
Sheriff's Office, recognized Karen Allen for her assistance
in managing information to the media and public during the
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MARCH 5, 1996
recent flood disaster. He presented Ms. Allen with a
Certificate of Appreciation.
7. RECOGNITION OF TRANSIT EMPLOYEES /CITIZENS FOR ROUTE STUDY
EFFORTS
Bill Schultz, Transit Manager, acknowledged the members of
the Transit Route Study Committee (citizens and staff) for
their efforts in developing a transit route system which will
meet the current needs of the community. He stated the
citizens will be presented with certificates at their meeting
this evening and the employees will receive their
certificates at the next employee meeting.
8. CONTINUATION OF PUBLIC MEETING TO CONSIDER AN APPEAL OF
HEARING EXAMINERS DECISION ON CLASS 2 APPLICATION FILED BY
JOHN WILDE (CONTINUED FROM 2/20/96)
This being the time set to continue the public meeting on an
appeal of the Hearing Examiner's decision filed, by John
Wilde, Council Member Berger excused himself from
participating in this issue. Mr. Berger stated he was not
present at the previous meeting and was unable to hear the
testimony. Larry Lehman, Associate Planner, stated this is a
continuation of the public meeting. He stated the parties
have met and discussed some of the issues the Council asked
them to consider. The staff recommendation to accept the
Hearing Examiner's decision is still valid. Council Member
Beauchamp stated the group was asked to find some consensus
to solve their differences. John Wilde, 2608 Hollow Creek,
reported a meeting was held with Ms. Irwin to discuss her
proposed development and the extension of Racquet Lane.
There are inherent problems with connecting 27th Avenue to
Racquet Lane. He stated it seemed as though Ms. Irwin would
not object to the vacation of 27th Avenue from Racquet Lane
north. The property owners are asking for the vacation of a
small strip of land and there will be other portions which
will be dedicated to develop a full street. Two of the
property owners who have not dedicated any property to the
City would be willing to do that if that vacation were to be
done. They are concerned about the safety of going down a
half -width road and intersecting with Racquet Lane. City
Attorney Paolella interjected that the vacation is a separate
matter by State law and Council can't consider that today.
Council can remand this to the Hearing Examiner to the extent
that it is related to Racquet Lane, but Council only has the
authority to consider the issues raised in the appeal. Dan
Ellingsworth, 2610 Hollow Creek, reported he spoke with an
engineer about the topography of the road and his concerns
about creating a half -width road. The engineer, Joe
Andriotti, told him the half -width road on 27th Avenue would
require extensive excavation to accommodate the drop -off.
Commenting that even though he understands that Council can't
consider it, he submitted his engineering proposal for the
street. Following this comment, there was discussion about
the Council's quasi - judicial role, and options available to
them in reaching a decision about the appeal. Eric
Gustafson, attorney representing Ms. Marchal Irwin, commented
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MARCH" 5; "' .1996
that Ms. Irwin attended, a meeting — with these gentlemen and
Brad Card, engineer for;Ms. Irwin =r -and Mr. Pratt for Racquet
Lane. Ms. Irwin had indicated she would not oppose their
petition to vacate, if they would withdraw their appeal. He
stated his belief that Council can only address the flood
plain overlay and airport overlay concerns. He suggested
I/ Council not delay a decision on this project and address the
vacation issue separately. Gary Walters, 2208 Racquet Lane,
commented he thinks the decision needs to be delayed; this
can be worked out with a mediator. He commented he would
fight it if they want to bring 27th Avenue through. Council
Member Sims asked staff to explain the process the neighbors
would follow to have their proposal for a street vacation
considered. Don Skone, Planning Manager, explained the
process and options available to the neighbors. Mr. Walters
once again suggested this decision be tabled so the neighbors
can negotiate a solution. Mayor Buchanan closed the public
meeting. Council Member Klingele announced he thinks the
Hearing Examiner erred in the fact that Class 2 reviews can
come up in a number of different ways. The idea of Class 2
review is there probably are some compatibility problems. He
thinks the Hearing Examiner erred in restricting his review
only to the overlay districts. He stated he would prefer to
see this appeal denied, but one of the conditions the
administrative official imposed is that the water main in
Racquet Lane be extended to 27th so the full right -of -way
can't be vacated there. He thinks the Administrative
Official erred in that the Hearing Examiner should have
considered any improvements to the right -of -way, including
pavement, lights and' that do not meet the standards
of our codes. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP,
TO DENY THE APPEAL AND UPHOLD THE HEARING EXAMINER'S
RECOMMENDATION. Council Member Beauchamp qualified his
second to the motion, stating that if this appeal is denied,
then these citizens have a right to immediately file for a
vacation. The question was called for a vote on the motion.
The motion carried by unanimous voice vote; Berger not
voting; Barnett absent.
9. PUBLIC HEARING TO RECONSIDER RIGHT -OF -WAY VACATION'PETITION
FOR A PORTION OF GARRETT STREET AND ADJACENT ALLEYWAYS IN THE
VICINITY OF NORTH 6TH AVENUE
This being the time set for the public hearing, Council
Member Klingele excused himself from participating in the
hearing due to possible conflict of interest. He stated he
has relatives involved in this issue. Larry Lehman,
Associate Planner, commented the public hearing was requested
by Dan Tilley for reconsideration of a previous Council
decision concerning the vacation of a portion of Garrett
Street. Mr. Tilley has developed revised plans which are
better than what was previously submitted. Based upon the
new plan, staff supports Mr. Tilley's request to approach the
Council and seek a new vacation ordinance. Mayor Buchanan
opened the public hearing. Dan Tilley, 313 North 31st,
commented that many of the neighbors are present because the
map sent out made them believe we would be vacating the alley
they use behind their businesses. The map was drawn in
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MARCH 5, 1996
error. There is a letter in Council's packets that outlines
his thoughts on his proposal. He briefly explained the
process followed to get to this point. In January, the
Housing Authority purchased the properties for this project.
In a meeting with City staff to seek ways they could save
costs, they found they were in violation of the vacation
ordinance approved by Council. He is requesting a "clean"
resolution to eliminate conditions which are no longer
necessary with the new development proposal. Rich Himes,
1114 Fruitvale, stated he doesn't want the right -of -way to
his business to be vacated. Mr. Lehman stated this vacation
remains the same as what was previously approved and does not
include the alleyway to Mr. Himes' property; none of the
developed alley will be vacated. There being no other
citizen wishing to speak, Mayor Buchanan closed the public
hearing. It was MOVED BY BERGER, SECONDED BY SIMS, TO
APPROVE THE PETITION TO VACATE GARRETT STREET AND ADJACENT
ALLEY RIGHTS -OF -WAY AND DIRECT LEGAL TO PREPARE AN ORDINANCE
AND ELIMINATE SECTIONS 3.1, 3.2 AND 3.3 NAMED IN MR. TILLEY'S
FEBRUARY 26, 1996 LETTER. Larry Lehman stated easements for
public utilities will be retained. The question was called
for a vote on the motion. The motion carried by unanimous
voice vote; Klingele not voting; Barnett absent. (Condition
3.1: The applicant shall obtain a building permit for the project
associated with this right -of -way vacation within eighteen months after
passage of this ordinance; Condition 3.2: All SEPA conditions stated
in the November 1994 SEPA mitigated determination of non- significance
shall be satisfied; and Condition 3.3: Applicant Tilley shall acquire
title to the Eimes parcel by closing the pending transaction.)
10. AUDIENCE PARTICIPATION -
None.
11. REPORT FROM CONSULTANT REGARDING YAKIMA CENTER EXPANSION
PRELIMINARY DESIGN
Kathy Coffey, Executive Director, Yakima Center, and Barbara
Cline, consultant with Traho, gave a presentation on the
design of the proposed expansion, including sharing color
swatches for carpeting, etc. Council Member Klingele asked
why the 12" water main needs to be moved. Ms. Cline stated
she would have to provide an answer to him at a later date.
Shelley Willson presented the staff recommendation regarding
required parking changes due to the expansion. Two
alternatives, at a total cost of approximately $600, were
presented. Changes in marking, striping and signing on the
south side of "A" Street would add 10 parking spaces. The
second alternative would be to add 18 stalls on 9th Street.
When the Gateway Phase I project is completed, there should
be a decrease in traffic on 8th Street, which would allow
additional parking. Concern about 9th Street and Yakima
Avenue prompted two alternatives; signalization or
prohibiting some of the movements that people are concerned
about, i.e. limiting left turns. Council Member, Beauchamp
asked about passenger drop -off on 8th Street by the Center's
entry. Ms. Willson stated that if the curb line isn't moved,
working with what is there, loading zone spaces could be
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MARCH U?*;5:'� ' 1996 46
marked; however, you,,would have. be careful that people in
the crosswalk aren't Citj"Manager Zais spoke briefly
on the project budget at $6 million. The bid will
incorporate a base amount as well as a number of
alternatives. Skip Semon, Advisory Board member, expressed
appreciation for Council's support on this project. He
stated the time frame when the construction phase begins is
critical since the Center has to remain open while the
remodeling is being done. It was MOVED BY BERGER, SECONDED
BY KLINGELE, TO ACCEPT THE REPORT AND CONTINUE THE PLANS FOR
BID PREPARATION, INCLUDING PARKING ALTERNATIVES 1 AND 2 IN
THE MARCH 1 REPORT. The motion carried by unanimous voice
vote; Barnett absent.
12. REPORT FROM LEGAL DEPARTMENT REGARDING RECYCLING LEGISLATION
REQUESTED BY DOUG PETERS FOR SUPERIOR REFUSE
Council Member Puccinelli referenced the statement in the
staff report that an update regarding the Washington
Utilities Transportation Commission (WUTC) position may be
available at this meeting. Assistant City Attorney Peterson
reported he has been communicating with the WUTC and others.
His understanding is that the WUTC regulates certain
activities for refuse /recycling collection. Yakima Waste
submitted their permit application for certification. They
are prepared to serve as a resource to help Council
understand this process. They are not interested in
monopolizing recycling pick -up in the City. He stated that
State law gives Council the authority to establish contracts
with service providers and he is working on preparing a
contract which can be used. Council Member Klingele asked
how the WUTC feels about the City's "free enterprise"
recycling policy. Mr:: Peterson responded that there is some
tension between the State law and local policy. They are
working to find a way to resolve any conflicts that might
exist.. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO
ACCEPT THE REPORT AND ASK STAFF TO KEEP COUNCIL INFORMED
ABOUT ANY RECOMMENDATIONS AND ACCEPT THE ORDINANCE AS IT NOW
STANDS. The motion carried' by unanimous voice vote; Barnett
absent.
*13. CONSIDERATION OF RESOLUTION GRANTING FIRE WORKS DISPLAY
PERMIT FOR DISPLAY AT TARGET STORES ON MARCH 9, 1996 AT
7:00 PM
RESOLUTION NO. R- 96 -26, A RESOLUTION granting a public
fireworks display permit to Pyro Spectaculars NW.
*14. CONSIDERATION OF APPOINTMENTS TO THE CHARTER AND POLICE &
FIRE CIVIL SERVICE COMMISSIONS
The recommendation of the Charter Civil Service Commission
was accepted to appoint Jesse Cox to the Charter Civil
Service Commission and Beverly Warren to the Police & Fire
Civil Service Commission was accepted.
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MARCH 5, 1996
*15. CONSIDERATION OF RESOLUTION AUTHORIZING PERSONAL SERVICES
AGREEMENT FOR WATER /SEWER FLOOD DAMAGE FOR FEMA APPLICATION
RESOLUTION NO. R- 96 -27, A RESOLUTION authorizing the
execution of an agreement for professional engineering
services between the City of Yakima, a municipal corporation,
and DEC Engineering Services.
*16. CONSIDERATION OF RESOLUTION AUTHORIZING ENGAGEMENT OF
PROFESSIONAL SERVICES CONTRACT FOR ENVIRONMENTAL COMPLIANCE
AUDIT IN ACCORDANCE WITH FEDERAL AND STATE REGULATIONS
RESOLUTION NO. R- 96 -28, A RESOLUTION authorizing the
execution of an agreement for professional engineering and
consulting services between the City of Yakima, a municipal
corporation, and Dames and Moore, Inc.
*17. CONSIDERATION OF RESOLUTION INITIATING REZONE OF FIRE
STATION #5 PROPERTY FROM R -2 (TWO FAMILY RESIDENTIAL
DISTRICT) TO CBDS (CENTRAL BUSINESS DISTRICT SUPPORT)
RESOLUTION NO. R- 96 -29, A RESOLUTION initiating an amendment
to the City's zoning map for certain property in the vicinity
of Central Avenue and Fair Avenue within the City of Yakima,
Washington.
*18. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING
FOR APRIL 2, 1996 FOR CONFIRMATION OF THE 1996 IRRIGATION
MAINTENANCE ASSESSMENT ROLL
RESOLUTION NO. R- 96 -30, A RESOLUTION setting a date for
hearing on the confirmation of the irrigation maintenance
roll for the year 1996.
*19. SET DATE OF PUBLIC HEARING FOR MARCH 19, 1996 TO CONSIDER
RIGHT -OF -WAY VACATION PETITION FILED BY S.R.• INNCO, INC
(OXFORD SUITES) IN THE VICINITY OF 1701 TERRACE HEIGHTS DRIVE
March 19, 1996 was set as the date of public hearing to
consider the Hearing Examiner recommendation for a right -of-
way vacation petition for Oxford Suites. Hotel in the vicinity
of 1701 Terrace Heights Drive.
*20. SET DATE OF PUBLIC HEARING FOR MARCH 19, 1996 FOR:
(A) EAST WILLOW ANNEXATION
(B) WEST WILLOW ANNEXATION
March 19, 1996 was set as the date of public hearings for
East Willow Annexation and West Willow Annexation.
*21. SET DATE OF PUBLIC HEARING FOR MARCH 19, 1996 TO CONSIDER
RIGHT -OF -WAY VACATION PETITION FILED BY YAKIMA SCHOOL
DISTRICT #7 IN THE VICINITY OF WEST SPRUCE STREET AT DAVIS
HIGH SCHOOL
March 19, 1996 was set as the date of public hearing to
consider the Hearing Examiner recommendation for a right -of-
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MARCH 5 1996
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way vacation, petition filed by,Yakima School District #7 in
the vicinity of West 'Spruce Streetat Davis High School.
*22. CONSIDERATION OF ORDINANCE APPROVING CATHOLIC CREDIT UNION
RIGHT -OF -WAY VACATION
ORDINANCE NO. 96 -18, AN ORDINANCE vacating the alley right -
of -way in the block between West "A" Street and West "B"
Street between North 5th Avenue and North 6th Avenue.
*23. CONSIDERATION OF ORDINANCE ADOPTING LAND DEVELOPMENT FEES
ORDINANCE NO. 96 -19, AN ORDINANCE relating to zoning and land
use; amending existing land development fees and adding a new
fee for Administrative Adjustments of certain Class 1 and 2
uses; and amending Section 15.26.010B of the City of Yakima
Municipal Code.
*24. SECOND READING OF AN ORDINANCE AMENDING THE 1996 BUDGET AND
APPROPRIATING FUNDS FOR TRANSIT CONTRACT SETTLEMENT
An Ordinance amending the 1996 budget and appropriating funds
for wage and benefit settlement for Transit AFSCME Bargaining
Group, previously having been read by title only, was brought
before the Council for a second reading.
ORDINANCE NO. 96 -20, AN ORDINANCE amending the 1996 budget
for the City of Yakima; and making an appropriation of
$57,844 in the Transit Operating Fund for expenditure during
1996 to provide for..‘wage and benefit settlement for Transit
AFSCME Bargaining Group.
25. OTHER BUSINESS
None.
Information Items:
Items of information provided to Council were: Letter of
appreciation from District Board of Health regarding
contributions to debt retirement in 1995. 2/28/95; Monthly
Annexation Status Report for February. 3/5/96; Traffic
Engineering Citizen Request and Activity Report, January
1996. 2/7/96; Memorandum to Swan Tracts Irrigation System
Users regarding available irrigation related options.
2/26/96; 1996 Monthly Report of Office of Neighborhood
Development. 1/28/96; Report from DSHS, Division of Income
Assistance entitled The Impact of Lifetime Limits on
Washington State's Families Receiving Aid to Families with
Dependent Children. February, 1996; YVCOG MPO /RTPO TAC
Meeting Agenda for March 7, 1996 and Minutes from February 1,
1996 meeting; and Retirement Dinner Invitation for Gordon
Bueling on March 22, 1996.
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MARCH 5, 1996
26. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION
(DELINQUENT SEWER BILLINGS) AND PROPERTY ACQUISITION (CBD
AREA) (ALLOW 30 MINUTES)
It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO MOVE INTO
EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES FOR THE
PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION AND PROPERTY
ACQUISITION, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO MARCH
12, 1996, AT THE WASTEWATER TREATMENT COLLECTION FACILITY.
The motion carried by unanimous voice vote; Barnett absent.
The Council moved into Executive Session at 4:25 p.m.
27. ADJOURNMENT
Following the conclusion of the Executive Session, the
meeting adjourned at 4:50 p.m.
READ AND CERTIFIED ACCURATE BY: s�L /■ /
!' •UNCIL M / BER DATE
( Al, F 111/ A - - 1- 92_
C'IUNCIL :ER DATE
ATTEST:
CITY CLERK LYNN BUCHANAN, MAYOR
An audio and video tape of this meeting are available in the City Clerk's Office
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