HomeMy WebLinkAbout08/20/1996 Business Meeting 116
CITY OF YAKIMA, WASHINGTON
AUGUST 20, 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 Clarence
Barnett, Henry Beauchamp, Ernie Berger, John Klingele, John
Puccinelli, and Bernard Sims present on roll call. City
Manager Zais, 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)
No items were brought up for discussion.
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.
Mayor Buchanan announced that Item No. 10 has been removed
from the. Agenda. The City Clerk then read the Consent
Agenda items, including resolutions and ordinances by title.
It was MOVED BY SIMS, SECONDED BY PUCCINELLI, 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. PUBLIC HEARING ON ESTABLISHMENT OF PARKING AND BUSINESS
IMPROVEMENT AREA FOR THE NORTH FRONT STREET AREA
This being the time set for the public hearing, Gl
Valenzuela, Director of Community & Economic Development,
reported the proposed ordinance will form the second of three
Business Improvement Areas as identified by the Downtown Core
Plan. The North Front Street Association business owners
have been ..working, this for a number of years and have
petitioned the Council' to establish the Front Street Area
Parking and Business Improvement Area. If approved, the
assessments will begin in January 1997 and will run for five
years after which it will have to be adopted again. Every
year the business owners will have to list their prioritized
program options and submit it to the Council during the
annual budget process.
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AUGUST 20, 1996
Mayor Buchanan opened the public hearing and invited
testimony, either f6r '. ''orl against
Corday Trick, representing the North Front Street
Association, was available to answer questions. He reported
all business owners on the street are in favor of the
project. Del Matthews, Yesterday's Village at Track 29,
spoke in favor of this project and urged the Council to pass
the ordinance establishing the PBIA.
There being no one else wishing to comment, the public
hearing was closed. Ordinance No. 96 -58 having been read by
title only, it was MOVED BY SIMS, SECONDED BY BERGER, TO PASS
THE ORDINANCE. The motion carried by unanimous roll call
vote.
ORDINANCE NO. 96 -58, AN ORDINANCE .of the City of Yakima,
Washington, establishing a parking and business improvement
area for the North Front Street area of Yakima, and
establishing special assessments for certain uses and
projects within such parking and business improvement area as
provided herein:
6. PUBLIC HEARING TO CONSIDER STEPHENSON TRACT ANNEXATION
This being the time set for the public hearing, Bruce Benson,
Associate Planner, described the proposed annexation area
comprised of approximately 72 acres of vacant land lying to
the south of the current city limits. This two -tract area is
owned by a single property owner; therefore, the petition
encompasses 100 percent of the area's assessed valuation of
$47,990. Mr. Benson recommended passage of the annexation
ordinance. He pointe& 'out an interesting fact that would
come from the passage of this legislation; it would bring the
area of the City of Yakima to over 18 square miles, a
milestone.
Mayor Buchanan opened the public hearing and invited public
testimony.
Willis Decoto, 2210 South 38th Avenue, inquired as to whether
South 36th Avenue would remain open. This road was their
only route during the floods last spring. Mr. Benson
explained he is aware of no plans to close that street and
• the annexation will not affect South 36th Avenue. Usually
roads are included; however, he would have to check the legal
description to see if that is the case in this instance.
There being no one else wishing to comment,.; Mayor Buchanan
closed the public hearing. Ordinance No. 96 -59 having been
read by title only, it was MOVED BY SIMS, SECONDED BY
KLINGELE, TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote.
ORDINANCE NO. 96 -59, AN ORDINANCE annexing property to the
City of Yakima and zoning said property, effective October 1,
1996. (Stephenson Tract Annexation)
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AUGUST 20, 1996
7. PUBLIC MEETING ON FINAL PLAT FOR KISSEL PARK ESTATES
This being the time set for the public meeting, Bruce Benson,
Associate Planner, reported Kissel Park Estates is an 187lot
subdivision which was granted preliminary plat approval in
March of this year. The 4.26 acres of R -1 zoned property is
located on the west side of South 27th Avenue, just south of
the Suncrest II subdivision. The improvements conditioned in
the preliminary plat approval have been made and inspected.
Mr. Benson indicated the staff recommendation is to approve
the final plat and adopt the resolution authorizing the Mayor
to sign the final plat. Mayor Buchanan asked how close this
property is to the airport. Mr. Benson explained Ithe
property is outside the Airport Overlay Zone and indicated
there was no opposition noted during the public hearing
before the Hearing Examiner.
Mayor Buchanan opened the public meeting and invited
testimony. There being no one wishing to speak, the public
meeting was closed. Resolution No. R -96 -108 having been read
by title, it was MOVED BY SIMS, SECONDED BY KLINGELE, TO
ADOPT THE RESOLUTION. The motion carried by unanimous roll
call vote.
RESOLUTION NO. R -96 -108, A RESOLUTION approving the final
plat of Kissel Park Estates, an eighteen lot subdivision
located to the south of the existing Suncrest II subdivision
and west of South 27th Avenue, and authorizing the Mayor to
sign the final plat of Kissel Park Estates.
8. PUBLIC HEARING /PUBLIC MEETING REGARDING REZONE OF PROPERTY IN
VICINITY OF 4400 POWERHOUSE ROAD REQUESTED BY ROBERT REYNOLDS
A. PUBLIC HEARING TO CONSIDER APPEAL OF SEPA DESIGNATION
FILED BY STEVEN AND CYNTHIA PAUL
i
Larry Peterson, Assistant City Attorney, summarized
procedures and guidelines for the hearing. He explained the
legal standard for threshold determination and pointed lout
the factors for the Council to keep in mind when deciding
whether or not the Determination of Non Significance iFs a
proper decision for this project. They must decide whether
there is a moderate adverse impact or a more than moderate
adverse impact as indicated in the environmental checklist.
They must also give substantial weight to the Determination
of Non Significance. He explained the meaning of exparte
contact as it relates to the Appearance of Fairness Doctrine.
Each Council member declared no contact with interested
parties.
Dan Valoff, Associate Planner, briefly summarized the issues
and also pointed out that this hearing is limited toIthe
environmental review of the project and the issuance ofithe
Determination of Non Significance. During this appeal the
Council will determine whether to uphold the SEPA threshold
determination or require an Environmental Impact Statement be
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AUGUST 20, 1996
prepared. He also responded to : various questions from the
Council. Council Member. how this mobile home
project compares to other developments. Dan Valoff pointed
out it would be similar in density to the 100 unit multi-
family development on the recently rezoned property located
at 51st Avenue and Nob Hill Boulevard. However, there have
been no recently developed mobile home parks within the city
limits to compare this project to. Council Member Barnett
commented that the environmental checklist has not listed
this project as a senior citizen park and there is no mention
of it in the Hearing Examiner's recommendation. Dan Valoff
explained the project was not identified as a senior citizen
park; to do so they would have to comply with the Fair
Housing law. Council Member Beauchamp asked about the
construction of the mobile homes and what covenants and
restrictions are in place. Dan Valoff explained there would
be no mobile homes older than five years -- this would fall
under the definition of manufactured housing. Mr. Valoff
indicated the applicant proposes to restrict the park to
double wide mobile homes and there will be covenants on the
property. Mr. Valoff also indicated there was a fair amount
of opposition against the mobile home park with more people
in attendance at the hearing who were against it than were
for it. Council Member Beauchamp said that even though there
is a real need for housing, he expressed concern about
allowing mobile home parks to address the need for housing
within the city limits. Council Member Barnett commented
that he thought that on page 14 of his recommendation the
Hearing Examiner discussed the standard of the mobile homes
which will be in the mobile home park. Mr. Valoff explained
that the Hearing Examiner is raising the standard by
requiring the mobile homes to be 1976 or newer which is
similar to the definition in tYeCity's Zoning Ordinance.
This being the time set for the public hearing, Mayor
Buchanan invited testimony concerning the appeal of the SEPA
designation.
Cindy Paul, 4819 West Powerhouse Road, the appellant,
explained the appeal is representative of the six houses to
the west and south of this proposed project. She feels an
environmental impact statement is necessary because it would
require an accurate traffic count due to the dangerous nature
of the road, particularly for the safety of children when
walking to catch the school bus. She referred to the number
of police calls to the property in the last three years and
questioned whether the police department would be able to
handle the number of calls anticipated if a mobile home park
is developed there. Mrs. Paul also pointed,, out that their
driveway is shown as part of Mr. Matthews' land along with a
portion of Mr. Ingham's property. She questioned whether
that was included in the lot coverage requirement for the 98-
unit development. Council Member Barnett asked for
clarification with respect to the development of Powerhouse
Road. It was explained that the development is contingent
upon the development of Powerhouse Road from Fred Meyer to
the west boundary of the property. Ms. Paul commented that
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AUGUST 20, 1996
Mr. Abrams has until 1998 to improve Powerhouse Road and
asked if Mr. Matthews will only be required to improve the
300 feet in front of his property. She also felt the Canal
Company should not have to pay for changes to the canal
because of this project. She reiterated her concerns about
the traffic on Powerhouse Road and felt a traffic study
should be done since the previous one in 1994. Mrs. Paul
also indicated the noise level is tremendous.
Mr. Peterson pointed out that Council consideration needs to
remain on the SEPA determination and refrain from discussing
the Hearing Examiner's recommendation.
Steve Paul, 4819 West Powerhouse Road, referenced the
determination as to whether the impacts are moderate or more
than moderate. According to his calculations the size! of
each lot would be approximately 78 by 58 feet per unit,lnot
including roads or open space; therefore, in his opinion,
this indicates a more than moderate impact. Council Member
Beauchamp directed attention to the need for adequate play
space and green area. He asked how compatible is that with
general construction within the community and asked wholare
the intended occupants. He also asked whether this issue
would be included in an environmental impact statement.
Larry Peterson explained the breadth of the SEPA is
relatively broad and is intended to ensure that the
environmental dimensions of a proposal are taken into
consideration. He pointed out every project will have
impacts, but the critical point for Council to consider; is
whether those impacts are not more than moderate.
Council Member Beauchamp asked how many three - bedroom units
can be built per acre. Mr. Valoff explained it depends on
the zoning; R -1 low- density residential development allows up
to 7 units per acre. In the R -2 zoning district, up t 12
residential units per acre is allowed, and in the R -3 zone
there is basically an unlimited density with restrictions on
lot coverage and set backs. A 98 -unit development oni 10
acres is 9.8 units per acre which is a medium density range,
residential development. Council Member Puccinelli pointed
out there is a big difference between an apartment house,
where there are two stories with play space and car spaces,
and a Mobile Home park, where each unit is a separate unit.
Mr. Valoff added that the developer has indicated that in
addition to the 98 units there will also be a clubhouse, a
manager's residence, and either a swimming pool or tennis
court.
Council Member Klingele asked about the evaporation ponds for
stormwater collection mentioned in the evaluation for on -site
drainage; yet it is not shown in the drawings. Mr. Valoff
explained on -site drainage will be subject to the approval by
the City Engineer,; however, filtration systems are usually
the most effective for this type of land. Council Member
Klingele also pointed out there were some discrepancies in
the site plan and the SEPA checklist. Mr. Valoff explained
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AUGUST 20, 1996
those have been noted; however, . the review included a 98 -unit
development.
Council Member Beauchamp asked about the availability of
individual play areas within each yard. Mr. Valoff pointed
out that the R -3 zone is being requested because the current
zoning would allow only 7 units per acre. The rezone
requires a Class 2 zoning review of the mobile home park in
the R -3 zoning district. As part of that review, SEPA
requires that a determination be made as to whether any
environmental compatibility conditions could be added prior
to the issuance of any mitigation measures under the
Environmental Policy Act. The Class 2 review allowed
conditions to be added to make the project more compatible,
including off street parking and internal access areas.
Council Member Barnett indicated there is a need to set some
standards to protect the public if there are concerns about
density at this point. If the Growth Management Plan is
adopted it will be a big adjustment for the public, who is
used to lower density. Mr. Valoff pointed out that,a.medium
density development does not enter into the threshold of
requiring an environmental impact statement. Council Member
Puccinelli reiterated his concern about the amount of land
that mobile homes use and the close proximity each house is
to the other. Council Member Beauchamp commented that he
felt it is time to set some common standards to protect the
public better.
Elecia Zalesny, 4811 W. Powerhouse, directed attention to
page 9 of the SEPA Environmental Checklist where it refers to
the project as a senior. citizen park. She expressed concern
about limited access to development, that she felt her
property value will decline, and the high speed traffic on
Powerhouse Road which she felt has increased since the Fred
Meyer development was completed.
Del Matthews read a rebuttal to the comments indicated in the
appeal application pointing out new issues have been received
since the Hearing Examiner's hearing. He indicated he felt
he has done his best to address the neighborhood's concerns
by the moderate density of the project, the card key access,
making it a senior mobile home park, extensive road work to
widen Powerhouse Road and add a bike path, street lighting,
and extending the sewer and water lines to the far end of the
property. He urged the Council to approve his request.
Mary Place, 5710 Marilane Street, expressed concern about the
danger of existing septic tanks for children playing close
by, the amount of traffic, .and limited number of parking
spaces planned for the development.
Gene Bitmar, 1422 South 26th Avenue, spoke against the
project and expressed concern for. the amount of traffic from
the development which will significantly .impact the
neighborhood.
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AUGUST 20, 1996
There being no one else wishing to comment, Mayor Buchanan
closed the public hearing.
There was a considerable amount of discussion concerning the
scoping process on environmental significance and whether) it
could be limited to the traffic impact only. Del Matthews
felt the traffic impact was addressed in the Class 2 Review
process via the conditions of the Hearing Examiner, i.e.,lthe
sidewalks, street lighting, bike paths. Council Member Sims
pointed out the traffic issue was also addressed in Ithe
Abrams Rezone requirement to improve the road.
It was MOVED BY SIMS, SECONDED BY BARNETT, TO UPHOLD THE SEPA
RESPONSIBLE OFFICIAL DECISION OF DETERMINATION OF NON-
SIGNIFICANCE. The motion carried by 5 -2 roll call vote;
Beauchamp and Buchanan voting nay.
B. PUBLIC MEETING TO CONSIDER REZONE REQUESTED BY ROBERT
REYNOLDS (THIS PUBLIC MEETING WILL BE HELD IF THE APPEAL OF
SEPA DESIGNATION IS DENIED -- SEE ITEM 8)
This being the time set for the public meeting, Dan Valoff
reviewed the application and the Hearing Examiner's
recommendation to approve the rezone subject to conditions.
The staff recommendation is to uphold the Hearing Examiner's
recommendation and direct staff to prepare the appropriate
legislation. There were comments and discussion among
Council members and staff concerning lot coverage and !the
density of the proposed mobile home park. Also discussed was
how the ten units per acre would be situated on the property
along with roads, playgrounds and other improvements. There
were also comments about how this project would reflect the
high density included in the Yakima Urban Area Comprehensive
Plan and also a suggestion to consider whether existing
development regulations are adequate.
Mayor Buchanan opened the public meeting for testimony.
Steve Paul felt the mobile home park would be incompatible
because it would be too dense.
Del Matthews pointed out that moderate density is allowed in
a R -3 zone. He felt the mobile home park would be a nice
addition to Yakima and urged the Council to approve Ithe
rezone request. Larry Peterson provided a brief explanation
of the density allowed under the current zoning, Suburban
Residential (SR), versus the density allowed under the
requested zoning, Multi- Family Residential (R -3).
Cindy Paul expressed concern about where children will play
when they visit grandparents if this is a senior citizen only
designated mobile home park. She also asked about existing
covenants and the need for additional parking spaces. IShe
expressed concern that the weeds growing on the property
would spread.
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AUGUST 20, 1996
There being no one else„ wishing to comment, Mayor Buchanan
closed the public meeting.
There was a considerable amount of discussion about
development restrictions such as lot coverage requirements,
improvements to Powerhouse Road, and landscaping for sight
and sound screening of the freeway. It was MOVED BY BARNETT,
SECONDED BY SIMS, TO APPROVE THE HEARING EXAMINER
RECOMMENDATION. After discussion about multi - family land use
and fair housing regulations, it was MOVED BY BEAUCHAMP,
SECONDED BY KLINGELE, TO AMEND THE MOTION TO INSERT "SENIOR
ONLY PARK" AS A CONDITION PENDING THE LEGALITY OF THE
CONDITION. The motion carried by 5 -2 voice vote; Barnett and
Puccinelli voting nay. It was MOVED BY KLINGELE, SECONDED BY
BERGER, TO AMEND SECTION B ON PAGE 13 TO ADD THE WORD "BEFORE
PLACEMENT OF MANUFACTURED HOME ". The motion carried by 5 -2
voice vote; Puccinelli and Sims voting nay. It was MOVED BY
KLINGELE, SECONDED BY BEAUCHAMP, TO AMEND CONDITION NO. 5 TO
INSERT AFTER THE WORD "FENCE ", "OR DENSE TREE PLANTINGS
(ACCESS RESTRICTING TREES) ". The motion failed by 4 -3 voice
vote; Barnett, Berger, Buchanan and Sims voting nay. It was
MOVED BY BERGER, SECONDED BY BEAUCHAMP, THAT IF THE SENIOR
PARK CONDITION IS NOT LEGAL, THE REZONE WOULD NOT BE
APPROVED. The motion carried by 4 -3 voice vote; Barnett,
Klingele and Sims voting nay. The question was called for a
vote on the original motion, as amended. The motion failed
by 4 -3 roll call vote; Beauchamp, Berger, Buchanan and
Puccinelli voting nay. Stating he thought he was voting for
the rezone with the amendments, it was MOVED BY BERGER,
SECONDED BY KLINGELE, TO RECONSIDER THE MOTION. The motion
carried by unanimous voice vote; Buchanan temporarily absent.
Prior to the vote on the reconsidered motion as amended, the
City Clerk paraphrased.'the,motion which is to approve the
Hearing Examiner recommendation, with additional conditions:
the park shall be designated a Senior Citizen only park, and
Section B on page 13 would be amended to add the words
"before placement of manufactured home "; if the requirement
of Senior Citizen Park cannot be legally imposed, the rezone
would not be approved. It was MOVED BY SIMS, SECONDED BY
BARNETT, TO TABLE THIS ISSUE UNTIL THE LEGAL OPINION IS
RECEIVED. The motion carried by unanimous voice vote.
9. AUDIENCE PARTICIPATION
Betty Gaudette, 701 North 6th. Street, invited the Council to
attend the Northeast Yakima Neighborhood Walk on
September 5, 1996. She also requested the use of a room at
the Senior Center to meet after the event.
1/ 10. CONSIDERATION OF RESOLUTION MODIFYING AN APPROVED CONTINGENCY
LOAN APPLICATION WITH THE YAKIMA HOUSING AUTHORITY
This item was removed from the agenda.
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AUGUST 20, 1996
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
CONTRACTS WITH YAKIMA SCHOOL DISTRICT NO. 7 AND MYRON MENARD
FOR FIRE FIGHTING TRAINING PROGRAM AT THE SKILLS CENTER
RESOLUTION NO. R -96 -109, A RESOLUTION authorizing the City
Manager and City Clerk to execute an agreement with Yakima
School District No. 7 for educational services for fire
fighter training and authorizing the City Manager and the
City Clerk to enter an agreement with Myron Menard to provide
educational instruction for fire fighter training.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING THE SALE OF SURPLUS
POLICE VEHICLES TO THE CITY OF MOXEE AND TOWN OF WINTHROP
RESOLUTION NO. R -96 -110, A RESOLUTION declaring two used
police cars to be surplus and authorizing their sale to the
City of Moxee Police Department and the Town of Winthrop, for
use by the Winthrop Marshal's Office.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT TO THE CONTRACT WITH WARDELL ARCHITECTS REGARDING
THE CITY HALL SPACE PLANNING
RESOLUTION NO. R -96 -111, A RESOLUTION authorizing and
directing the City Manager and City Clerk of the City of
Yakima to execute an addendum to the existing Professional
Services agreement with Wardell Architects, PS, an
architectural firm, for the development City Hall mechanical
and electrical systems analysis for City Hall, in the City of
Yakima.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A
PERSONAL UNDERTAKING WITH CHICAGO TITLE INSURANCE COMPANY TO
CREATE MARKETABLE TITLE FOR FORMER FIRE STATION NO. 2
RESOLUTION NO. R -96 -112, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to execute a personal undertaking with Chicago Title
Insurance Company in order to create marketable title for the
trade of former Fire Station No. 2 for improved property
located at 124 S. Second Street.
*15. APPROVAL OF SECOND QUARTER 1996 CAPITAL IMPROVEMENT PROJECTS
REPORT
The Second Quarter 1996 Capital Improvement Projects Report
was approved.
*16. APPROVAL OF JULY 1996 REVENUE AND EXPENDITURE REPORT
The July 1996 Revenue and Expenditure (budget) Report was
accepted.
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AUGUST 20, 1996
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*17. SET DATE OF PUBLIC HEARING FOR,SEPTEMBER 3, 1996 TO CONSIDER
APPEAL OF HEARING EXAMINER DECIS'ION REGARDING CLASS 3 REVIEW
OF EPIC'S "NEW DIRECTION" OFFICE AT 301 NORTH NACHES AVENUE
September 3, 1996 was set as the date of public meeting to
consider the appeal filed by Mr. Kloster, of the Hearing
Examiner's decision to deny the catering use proposed by
EPIC, at 301 North Naches Avenue.
I/ 18. RECONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE
REGARDING THE COMPOSITION OF THE COMMUNITY DEVELOPMENT
ADVISORY COMMITTEE (CONTINUED FROM JULY 2, AND AUGUST 6,
1996)
Glenn Valenzuela, Director of Community & Economic
Development, referenced the proposed ordinance and directed
attention to the suggested changes to the Community
Development Advisory Committee (CDAC). Elberth Trotter,
Advisory Committee member, spoke against the target area
participation requirement for committee members. Lynne
Kittleson urged the Council to retain the existing ordinance
and to keep the current name, Community Development Advisory
Committee, instead of the proposed name, Neighborhood
Development Advisory Committee. She felt changing the name
of the committee would lose momentum for the committee's
activities. Greg Lighty also urged the Council to keep the
name of the Committee the same and not limit the makeup of
the committee. Carl Falls, 909 South 6th Street, CDAC
member, spoke against the proposed change in name for the
Committee. He felt the existing Committee is a viable one
and very effective. Betty Gaudette, 701 North 6th Street,
CDAC member, urged the Council to change the name of the
Committee to Neighborhood Development Advisory Committee.
There was discussion about whether or not to change the
ordinance. The proposed ordinance identified as Option
No. 4 and recommended by the'Council Subcommittee and noted
as the CDAC August 6, 1996 recommendation which would
require the Committee maintain an average of 70 percent of
residents or businesses within the target area, was read by
title only and it was MOVED BY SIMS, SECONDED BY PUCCINELLI,
TO PASS THE ORDINANCE. Council Member Puccinelli felt it
would be a mistake to restrict Committee membership to City
residents. He also felt people who have businesses in the
targeted area should be allowed to serve on the CDAC even
though they live outside the city. Council Member Berger
felt there are enough qualified people within the city
limits to serve on the Committee, and the current ordinance
I/ is quite adequate. Council Member Barnett expressed his
opinion that people were appointed contrary to the current
ordinance, and this is a partial effort to rectify the
situation that should not have happened in the first place.
He feels the current ordinance is quite adequate. Council
Member Beauchamp felt the proposed ordinance would work well
because each appointment could be tied to the target area.
The subcommittee would determine the relationship of the
applicant to the target area and then bring a recommendation
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AUGUST 20, 1996
to the Council for final decision. The question was called
for a vote on the motion. The motion failed by a 3 -4 roll
call vote; Barnett, Berger, Buchanan, and Klingele voting
nay. It was MOVED BY BARNETT, SECONDED BY BERGER, TO
MAINTAIN THE PRESENT ORDINANCE. Council Member Puccinelli
pointed out that if the current ordinance is maintained,
two, possibly three, current committee members will be
eliminated who are serving very well and doing a good job.
Council Member Beauchamp felt the primary consideration when
appointing a committee member is their ability to
effectively provide services. Council Member Barnett felt
if the Council were to adopt that philosophy, all committees
should be given the same consideration without regard to
residency requirements. Council Member Sims pointed out the
current ordinance does not include term limits, and Council
Member Klingele pointed out the name would not change
either. The question was called for a vote on the motion.
The motion carried by a 4 -3 voice vote; Beauchamp,
Puccinelli, and Sims voting nay.
*19. SECOND READING OF ORDINANCE AMENDING THE .1996 BUDGET AND
APPROPRIATING FUNDS FOR UNANTICIPATED FLOOD DAMAGE, WATER
RIGHTS LITIGATION AND IRRIGATION SYSTEM REPAIR COSTS
An Ordinance amending the 1996 budget and appropriating funds
for unanticipated flood damage, water rights litigation and
irrigation system repair costs, previously having been read
by title only, was brought before the Council for a second
reading.
ORDINANCE NO. 96 -60, AN ORDINANCE amending the 1996 budget
for the City of Yakima; making appropriations for
unanticipated flood damage, - water rights litigation and
irrigation system repair costs from Unappropriated fund .
balances within various funds for expenditure during 1996.
*20. SECOND READING OF ORDINANCE AMENDING THE 1996 FIRE PENSION
FUND BUDGET AND APPROPRIATING FUNDS FOR PENSION PURPOSES
An Ordinance amending the 1996 budget and appropriating funds
for Fire IAFF labor settlement costs for pension members,
previously having been read by title only, was brought before
the Council for a second reading.
ORDINANCE NO. 96 -61, AN ORDINANCE amending the 1996 budget
for the City of Yakima; making appropriations for the Fire
IAFF Labor Settlement from the Unappropriated fund balance
within the Firemen's Relief & Pension Fund for expenditure
during 1996.
I/
21. OTHER BUSINESS
Council Member Barnett expressed concern about point of views
expressed during the public hearings today on some of the
issues that relate to housing and zoning. He urged all
Council members to review the Draft Yakima Urban Area
Comprehensive Plan very carefully before it is submitted for
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AUGUST 20, 1996 12 7
a vote because many ,of the things that were discussed today
just won't exist uiider. the 'Comprehensive Plan under the
Growth Management Act. Some of the issues as they relate to
density and other issues, if the Council adopts the
Comprehensive Plan, are going to be going into an entirely
different direction of what he heard the Council speak today.
I/ As a member of the subcommittee reviewing the Comprehensive
Plan, he will have to be making some recommendations to the
Council. If he took what he heard said today, he would have
to make a recommendation to totally ignore the Draft
Comprehensive Plan and start from scratch again.
A. APPROVAL OF RIGHT -OF -WAY USE PERMIT REQUESTED BY LOVELESS
BROOK, INC. FOR SIGN AT 1222 NORTH 40TH AVENUE
Leonard Hall, Code Administration Manager, provided copies
and described the Right -of -Way Use Permit application to
accommodate a request for a sign to be located at 1222 North
40th Avenue. He indicated: the. location of the new sign would
be on a portion of city -owned canal right -of -way immediately
adjacent and parallel to an existing sign. Jim Siegel,
Lombard & Associates, 1607 West Lincoln, representing the
applicant, indicated the proposed sign location will be
located on the street side of North 40th Avenue. It will not
block the existing sign for the car wash. He reported the
owner of the car wash is in total agreement with the request.
Council Member Barnett pointed out that since the permit is
renewable annually and if the sign is found to not be
satisfactory it would have to be removed. After Mr. Hall
described the Right -of -Way permit initial fee and renewal fee
process, it was MOVED BY BARNETT, SECONDED BY BERGER, TO
APPROVE THE APPLICATION. The motion carried by unanimous
voice vote.
Information Items:
Items of information provided to Council were: Inter - Office
Memorandum from Irrigation Supervisor and Press Release
regarding Shutdown of. Irrigation System - District 308;
8/15/96; Agenda for August 19, 1996 Yakima Greenway
Foundation Board of Directors Meeting; Letter from U.S.
Department of Transportation to the State Assistant
Secretary of Planning and Programming Service Center giving
notice of FTA grant for $540,000. 8/12/96; Memo from Legal
Department regarding Damage Claims Referred to Third Party
Claims Administrator. 8/15/96; News Release regarding
Washington Transit Advertising is Awarded 5 -year Contract
Renewal with Community Transit. 8/12/96; Assignments
1/ Pending in Office of Environmental Planning as of August 20,
1996; and Article from July 1996 Roads & Bridges, "City
Works with Neighborhoods to Mitigate Traffic."
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AUGUST 20, 1996
22. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION (DAMAGE
CLAIMS - DOTY AND REYNOSO)
It was MOVED BY KLINGELE, SECONDED BY PUCCINELLI, TO MOVE
INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING
LITIGATION WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion
carried by unanimous voice vote.
23. ADJOURNMENT
Following the conclusion of the Executive Session the meeting
adjourned at 5:19 p.m.
READ AND CERTIFIED ACCURATE BY: •' Ai!/____ r • ` ' '7
� / CIL MEMBE' DATE
CO "CIL MEMBER DATE
ATTEST:
. /
CITY CLERK 4; % BUCHANAN, MAYOR
Minutes 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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