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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 462 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 /2 463 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 /3 464. 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 /4 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. /5 466 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- /6 MARCH 5 1996 4 6 7 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. /7 468 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 /8