Loading...
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. 117 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) 2 118 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 3 11.9 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 4 120 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 5 121 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. 6 12.2 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. 7 123 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. 8 1 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. 9 AUGUST 20, 1996 125 *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 10 126 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 11 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." 12 12' 8 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. • 13