HomeMy WebLinkAbout09/03/1996 Business Meeting 129
CITY OF YAKIMA, WASHINGTON
SEPTEMBER 3'`` '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, City Attorney Paolella, 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)
Mayor Buchanan read a proclamation declaring the month of
September 1996 as Yakima Greenway Month and encouraging
participation in Yakima Greenway activities. Cec Vogt,
Executive Director of the Greenway, presented a study on the
Greenway to Mayor Buchanan.
Assistant Mayor Puccinelli read a proclamation declaring
October 1996 as Breast Cancer Awareness Month with October 18
designated as Mammography Day to inform the public about
lifesaving, early detection practices.
Council Member Berger read a proclamation recognizing the
90th Birthday of the YMCA on September 13, 1996 and inviting
the public to the birthday party celebrating the YMCA's
valuable role in the community.
Mayor Buchanan introduced two special guests,
Consuelo Herrera of Ixtaccihuatl, Mexico, and Armanda
Springer of Los Angeles, both very experienced in mountain
climbing and mountain rescue.
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 of the Council to remove Item
No. 15 from the Consent Agenda as requested by a citizen.
The City Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was MOVED BY SIMS,
SECONDED BY BEAUCHAMP, MAT THE CONSENT AGENDA, AS AMENDED,
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.)
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*5. APPROVAL OF MINUTES OF THE JUNE 25, 1996 SPECIAL BUSINESS
MEETING AND THE JULY 23, 1996 SPECIAL JOINT MEETING
The minutes of the June 25, 1996 Special Business meeting
and July 23, 1996 Special Joint meeting, were approved,
having been duly certified accurate by two Council members
and no one present wishing to have said minutes read
publicly.
6. SPECIAL PRESENTATION BY JUDGE STEPHEN BROWN REGARDING TRUANCY
PROGRAM AND JUVENILE JUSTICE FACILITY STATUS
Due to scheduling conflicts, Judge Brown was unable to attend
the meeting.
7. PUBLIC MEETING REGARDING REZONE OF PROPERTY IN VICINITY OF
4400 POWERHOUSE ROAD REQUESTED BY ROBERT REYNOLDS
It was MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO REMOVE THE
ITEM FROM THE TABLE. The motion carried by unanimous roll
call vote.
Larry Peterson, Assistant City Attorney, explained that
Council tabled this Rezone application and Class (2) Review
during the public meeting on August 20, 1996. The intent of
this action was to allow time for the Legal Department to
determine whether a restriction of the mobile home park to
senior citizens was a legal condition available to the
Council. After preliminary research on this subject,
Mr. Peterson reported that the Federal Fair Housing Act
provides restrictions under certain conditions, whereby
occupancy of at least 80 percent of the units could be
restricted to having at least one person 55 years or older
per unit. Washington State Law is congruent with those
restrictions.
There was a considerable amount of discussion among Council
Members about whether or not to condition the rezone and
land use approval on the property owner's intent to restrict
occupancy to senior citizens. Also discussed in detail were
the issues of yard space and play area provisions planned
for the project, parking spaces, and lot coverage allowable.
Council members also discussed the difference in low density
for the current SR zoning (Suburban Residential), which
would only allow 78 mobile home spaces on the property, and
the moderate density for the proposed R -3 zoning (Multi -
Family Residential), which will allow more than the 98
mobile home spaces planned for the project. Council
Member Klingele pointed out that the application indicates a
proposed retirement community, therefore, only a minimal
impact on the schools is expected.
Robert Reynolds, Attorney -at -Law, on behalf of the property
owners, directed Council's attention to the possibility that
problems can arise when it is time to sell the home when
occupancy restrictions are in place. He explained how the
project conforms to the goals of the Comprehensive Plan and
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to the intent of the UAZO. The project meets a public need
by providing mobile home spaces >' = .within the city and is
compatible with the surrounding neighborhood because the
project is a moderate density with less than 12 units per
acre. He reviewed specific points outlined in the land use
application concerning the compatibility of the moderate
density of the proposed project with the low density of the
adjacent area. The project is also accessible to public
facilities since Powerhouse Road runs in front of the
property.
Del Mathews, property owner, urged the Council to allow the
mobile home park be put in. He directed attention to the
safety improvements conditioned upon the proposed
development including improvements to Powerhouse Road,
connection to public sewer and water, and installation of a
view obscuring .fence.
Ann Ingham, 5231 W. Powerhouse Road, did not object to the
mobile home park, but urged the Council to, require an
adequate fence be built to separate the boundaries of the
project and the irrigation ditch. She suggested perhaps a
cement block fence be installed which would act as a noise
barrier or, if nothing else, at least a chain link fence.
She also directed attention to an irrigation easement which
runs through the middle of the property. Council Member
Sims pointed out that the ability to maintain the irrigation
ditch must be taken into consideration when planning and
designing site improvements for this project.
Betty Gaudette, 701 North 6th Street, expressed concern
about the safety of children with the irrigation ditch close
by.
Judy Paul, a property owner to the west of the_proposed
project, felt there would an additional impact on the
schools, particularly overcrowding the school bus, this
project is not restricted to senior citizens.
After discussion about the motion on the floor, Council
Member Sims requested clarification about what the Council
will vote on. City Manager Zais explained the issue is the
Hearing Examiner's recommendation inclusive of amendments to
date. It was MOVED BY SIMS, SECONDED BY BERGER, TO RESCIND
ALL ORIGINAL MOTIONS AND VOTE ON UPHOLDING THE HEARING
EXAMINER'S RECOMMENDATION. After a review of the
amendments, Council Member Beauchamp asked whether the site
plan will come back for Council review. City Attorney
I/ Paolella explained this would be the final Council action.
The question was called for a vote on the motion. The
motion carried by a 4 -3 roll call vote; .Puccinelli,
Beauchamp, and Buchanan voting nay. Council Member Barnett
pointed out that the Draft Comprehensive Plan facilitates
small homes and mobile homes to provide .affordable housing
to all segments of the public with a variety of densities.
He expressed concern about the requirements that are
contrary to goals and policies connected with the
Comprehensive Plan. It appears that the issues that
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represent the viewpoints of the Council are in conflict with
some of those .discussions.
8. PUBLIC MEETING TO CONSIDER APPEAL OF HEARING EXAMINER
DECISION FOR THE CLASS 3 REVIEW OF EPIC'S "NEW DIRECTION"
OFFICE AT 301 NORTH NACHES AVENUE (PLEASE BRING MATERIAL
PREVIOUSLY DISTRIBUTED)
This being the time set for the public meeting, Dan Valoff,
Associate Planner, reviewed the appeal. The Hearing Examiner
denied the catering use during the Class (3) Review of EPIC's
application to locate their New Direction" office at 301
North Naches Avenue.
Mayor Buchanan opened the public meeting and invited
testimony.
Thomas Kloster, owner of the property, noted that his only
option would be to sell the property or turn it into a tri-
plex apartment, if the catering use is not approved. He also
indicated there is a lot of traffic at the 301 North Naches
Avenue location which does not make it as compatible for a
tri -lex, as it would the catering proposal. Mr. Kloster
explained that EPIC is a tenant that will fit into the
neighborhood.
There was discussion about the limitations on the catering
use proposed for this location and whether it would be
compatible for the neighborhood, or disruptive to it.
Jim Kloster felt the catering use would be more compatible
than other uses currently in the neighborhood.
Brian Nelson, EPIC, expressed their need to be able to raise
activity fees for service.
Betty Gaudette, 701 North 6th Street, commented that she
doesn't feel a commercial venture is a residential activity.
There being no one else wishing to comment, Mayor Buchanan
closed the public meeting.
Council Members discussed commercial business activity
restrictions in the residential district. It was MOVED BY
BERGER, SECONDED BY BARNETT, TO UPHOLD THE HEARING EXAMINER'S
RECOMMENDATION TO APPROVE THE OFFICE USE BUT DENY THE
CATERING USE. The motion carried by a 5 -2 roll call vote;
Beauchamp and Buchanan voting nay.
9. AUDIENCE PARTICIPATION
Martha Matthews, 703 North Naches Avenue, asked the Council
to name the small park next to the Southeast Community Center
in memory of Toni Gardner. She praised Ms. Gardner for her
contributions to the community, particularly for her work
with the Substance Abuse Coalition. Council Member Beauchamp
commented about the impact she had on the community. The
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issue was referred to staff and the. Parks Commission for
further consideration
Betty Gaudette reminded the Council about the upcoming
Northeast Yakima Neighborhood Walk on September 5, 1996, with
a. meeting at the. Senior Center afterwards.
10. CONSIDERATION OF RESOLUTION MODIFYING AN APPROVED CONTINGENCY
LOAN APPLICATION WITH THE YAKIMA HOUSING AUTHORITY (CONTINUED
FROM 8/20/96)
Glenn Valenzuela, Director of Community & Economic
Development, reported the Yakima Housing Authority has
requested a modification of the Contingency Loan Agreement
since time has passed and changes have been proposed for the
project. The cost of the project has increased to
$3.7 million along with an increase in size, density, and lot
coverage.
Council Member Barnett requested a review of the document
because of contradictory statements and conflicting terms
within the draft document and within the report. There was
discussion about the bonds and the presence of liability
related to the proposed contingent loan agreement. There was
continued discussion about the inconsistencies throughout the
draft loan document, such as referencing the County instead
of the City. It was MOVED BY SIMS, SECONDED BY BARNETT, TO
SEND THE DOCUMENT BACK TO STAFF TO BE CORRECTED IN
UNDERSTANDABLE LANGUAGE. The motion carried by unanimous
voice vote. Council Member Barnett requested the City
Manager review the resolution and then explain it to him.
11. CONSIDERATION OF REQUEST :TO.REMO,VE TWO TREES IN PUBLIC RIGHT -
OF -WAY AT 312 NORTH 9TH STREET
Leonard Hall, Code Administration Manager, referenced a
request from Brian Jones to remove two trees in the public
right -of -way. Council Member Klingele commented that the
trees look so nice and it would detract from the neighborhood
appearance if all three trees were removed, even with
replanting. Council Member Puccinelli asked if the stumps
will be removed and the parking strip be landscaped. Brian
Jones, applicant, explained his plan to remove the center two
trees.
It was MOVED BY BERGER, SECONDED BY KLINGELE, TO APPROVE THE
PROPOSAL AS SUBMITTED AND THE STUMPS BE REMOVED.
I/ Lynne Kittleson pointed out that there is no definitive
ordinance dealing with parking strips and access areas with
regard to the trees. Many trees have been taken out
throughout the city. She would like to see the trees moved
instead of destroyed. She suggested community involvement in
developing an ordinance to maintain trees. The question was
called for a vote on the motion. The motion carried by
unanimous voice vote.
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*12. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF AQUATIC
FACILITY RENTAL AGREEMENTS WITH:
A. YAKIMA ATHLETIC CLUB SWIM TEAM
RESOLUTION NO. R -96 -113, A RESOLUTION authorizing and
directing the City Manager and City Clerk of the City of
Yakima to execute an agreement with the Yakima Athletic Club
Swim Team for pool rental.
B. YMCA SWIM TEAM
RESOLUTION NO. R -96 -114, A RESOLUTION authorizing and
directing the City Manager and City Clerk of the City of
Yakima to execute an agreement with the YMCA Swim Team for
pool rental.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH PACIFIC CORP FOR ENERGY ANALYSIS OF THE YAKIMA
CENTER
RESOLUTION NO. R -96 -115, A RESOLUTION authorizing and
directing the City manager and the City Clerk of the City of
Yakima to execute an agreement with PacifiCorp for a design
analysis for the Yakima Convention Center.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES CONTRACT WITH TRI- COUNTY RESOURCE
AGENCY
RESOLUTION NO. R -96 -116, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to execute an agreement with Tri- County Water Resource
Agency, to provide empirical data to establish the actual
dollar value of a more reliable water supply for all water
using economic sectors of the Yakima River Basin.
15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT WITH STEVE DAHL & ASSOCIATES
FOR COMMUNICATION TRAINING FOR POLICE. AND FIRE DISPATCHERS
Betty Gaudette requested clarification of this request.
Al Chronister, Fire Chief, explained the communication
training is needed to facilitate a smooth transition of the
blending of the police and fire dispatchers into one office.
Resolution No. R -96 -117 was read by title and it was MOVED BY
KLINGELE, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The
motion carried by unanimous roll call vote.
RESOLUTION NO. R -96 -117, A RESOLUTION authorizing and
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directing the City Manager and the City Clerk of the City of
Yakima to execute an agreement with Steve Dahl & Associates,
Inc., a Washington corporation, for communication training
services.
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*16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
CONSULTANT CONTRACTS OR `<i''n;":,
A. PAVEMENT ENGINEERING FOR PAVEMENT ANALYSIS FOR YAKIMA
AVENUE
RESOLUTION NO. R -96 -118, A RESOLUTION authorizing and .
directing the City Manager and the City Clerk of the City of
Yakima to execute an agreement with Pavement Engineers, an
engineering firm, for the evaluation of certain street
sections in the City of Yakima.
B. ABC ASSOCIATES FOR 48TH AND NOB HILL RIGHT -OF -WAY
ACQUISITION
RESOLUTION NO. R -96 -119, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to execute an agreement with Alan B. Clayton, a
property acquisition specialist, for the purchase of
additional rights -of -way necessary for the widening of and
traffic signal improvements to 48th Avenue and Nob Hill
Boulevard.
*17. CONSIDERATION OF RESOLUTION AUTHORIZING ACCEPTANCE OF DOE
GRANT FOR TOXIC WASTE CLEANUP AT POLICE STATION /LEGAL CENTER
(FORMER GOODWILL SITE)
RESOLUTION NO. R -96 -120, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to execute an agreement with the Washington State
Department of Ecology accepting a grant for the Goodwill
Industries Interim Action Environmental Remediation.
*18. CONSIDERATION OF RESOLUTION AUTHORIZING RIGHT -OF -WAY
ACQUISITION ON FAIR AVENUE, SPRUCE STREET TO PACIFIC AVENUE
RESOLUTION NO. R -96 -121, A RESOLUTION authorizing and
directing the City Manager,and the City Clerk of the City of
Yakima to acquire property for improvements to Fair Avenue,
from Spruce Street to Pacific Avenue.
*19. CONSIDERATION OF RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS
REGARDING MC CLURE ADMINISTRATIVE ADJUSTMENT FOR FENCE
STANDARDS
RESOLUTION NO. R -96 -122, A RESOLUTION adopting amended
findings and conclusions in the appeal of the Hearing
Examiner's Decision of an appeal of an administrative
I/ adjustment application filed by Gregory M. McClure.
*20. SET DATE OF HEARING FOR OCTOBER 1, 1996 TO CONSIDER PROPOSAL
TO ALLOW DIAL -A -RIDE CLIENTS TO RIDE FIXED -ROUTE TRANSIT
FARE -FREE
October 1, 1996 was set as the date of public hearing to
consider a proposal to allow Dial -a -Ride clients to ride the
fixed -route Transit service fare -free.
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September 3, 1996
*21. APPROVAL OF FINAL CONTRACT PAYMENTS FOR (STANDARD MOTION VB -
ACCEPT CONTRACT AND APPROVE FINAL PAYMENT):
A. WEST "J" & NO. 8TH AVENUE ROADWAY & DRAINAGE IMPROVEMENT
The report from the City Engineer, dated August 27, 1996,
with respect to the completion of the work on the West "J"
Street and North 8th Avenue Roadway & Drainage Improvement
project, performed by Superior Paving Company, was approved,
the work accepted and payment of the final estimates as
therein set forth was authorized.
B. WASTEWATER TREATMENT PLANT MECHANICAL IMPROVEMENT
The report from the City Project Manager, dated September 3,
1996, with respect to the completion of the work on the
Wastewater Treatment Plant Mechanical Improvement project,
performed by Apollo Sheet Metal, Inc., was approved, the work
accepted and payment of the final estimates as therein set
forth was authorized.
*22. CONSIDERATION OF ORDINANCE AMENDING MUNICIPAL CODE EXPANDING
THE PURPOSE OF THE TRANSIT CAPITAL RESERVE FUND
ORDINANCE NO. 96 -62, AN ORDINANCE relating to funds and
accounts; expanding the purpose of the Transit, Capital
Reserve Fund to include transfers to the operating fund as
needed, and to be allocated transit sales tax revenue; and
amending Section 3.69.010 and 3.69.020 of the City of Yakima
Municipal Code.
*23. CONSIDERATION OF ORDINANCE APPROVING THE D.E.P. REZONE AND
PRELIMINARY PLAT
ORDINANCE NO. 96 -63 AN ORDINANCE rezoning approximately 7
acres in the northeast corner of the intersection of Kern
Road and North 40th Avenue in Yakima, Washington, from Multi -
Family Residential (R -3) to Professional Business (B -1) and
amending the zoning map of the Yakima Urban Area accordingly;
and providing preliminary approval, subject to several
conditions, for subdivision of the rezoned property together
with approximately 4 adjacent acres which remains zoned
Multi- Family Residential (R -3) into 11 lots.
*24. FIRST READING OF ORDINANCE AMENDING THE 1996 BUDGET AND
APPROPRIATING FUNDS FOR THE PURCHASE OF PROPERTY (NO ACTION
REQUIRED THIS MEETING)
An ordinance amending the 1996 budget for the City of Yakima;
making appropriations for the purchase of property from
unappropriated fund balances within various funds for
expenditure during 1996, having been read by title only, was
laid on the table for two weeks, until September 17, 1996.
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25. OTHER BUSINESS
Council Member Barnett reported that after a review of the
applications, the Airport Board Council Committee was unable
to reach a consensus on just one applicant. Instead, they
recommended two applicants, Luz Gutierrez and Fred Iraola.
It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO APPOINT
LUZ GUTIERREZ TO THE AIRPORT BOARD. The motion failed by a
3 -4 voice vote; Beauchamp, Buchanan, and Klingele voting aye.
It was MOVED BY BERGER, SECONDED BY BARNETT, TO APPOINT FRED
IRAOLA TO THE AIRPORT BOARD. The motion carried by a 5 -1
voice vote; Buchanan voting nay. Mayor Buchanan requested
the Clerk's office prepare the appropriate letters to the
applicants.
It was MOVED BY PUCCINELLI, SECONDED BY BEAUCHAMP, TO DIRECT
STAFF TO PREPARE THE APPROPRIATE LEGISLATION TO ADDRESS
PLANTING STRIP PARKING VIOLATIONS. The motion carried by
unanimous voice vote.
Information Items:
Items of information provided to Council were: Invitation
to Northeast Yakima Neighborhood Maintenance Walk on
September 5, 1996; News release regarding discontinuance of
248 -1010 emergency Police Department number; Letter from
Greater Yakima Chamber of Commerce regarding special meeting
on September 5, 1996 with Bob Whitsitt to discuss future of
pro football in Washington; Agenda for September 5, 1996
Downtown Area Redevelopment Committee meeting and minutes of
its August 1, 1996 meeting; Letter from William R. and
Carolyn Duerr expressing admiration and appreciation for
work performed by Water Department crew. 8/21/96; News
Release from State DOT regarding Speed Limit Revisions.
8/28/96; Letter to State Transportation Improvement Board
regarding Yakima Avenue /I -82 Interchange Area Contract 1B,
8/23/96; and 8/21/96 Letter from State Transportation`
Improvement Board; Monthly Report of the Chief of Police
for'July 1996; Fire Department Monthly Activity Report for
July 1996; Legal Department Monthly Report for June 1996;
Monthly Annexation Status Report for August 1996; Monthly
Report from Office of Neighborhood Development for August
1996; Assignments Pending in Office of Environmental
Planning as of September 3, 1996; Memorandum from Yakima
Valley Conference of Governments regarding Yakima Valley
MPO /RTPO TAC Agenda for September 5, 1996 meeting and
minutes of its August 1, 1996 meeting; Agenda for
I/ September 5, 1996 City Charter Civil Service and Police &
Fire Civil Services Commissions and minutes of its June 21,
1996 meeting; and DOE Hazardous Sites List; August 10,
1996.
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26. ADJOURNMENT TO SEPTEMBER 17, 1996 AT 7:30 AM FOR JOINT
MEETING WITH THE COUNTY AND UNION GAP AT ESD #105
It was MOVED BY KLINGELE, SECONDED BY BARNETT, TO ADJOURN THE
MEETING AT 4:20 PM TO SEPTEMBER 17, 1996 AT 7:30 AM FOR A
JOINT MEETING WITH YAKIMA COUNTY COMMISSIONERS AND THE CITY
OF UNION GAP AT ESD #105. The motion carried by unanimous
voice vote.
READ AND CERTIFIED ACCURATE BY: .� °r /4' /7 Y
O C MEMBER DATE „d
(CO CIL MEMB J DATE
ATTEST:
l' ...>.1 r tai= . i f
CITY CLERK. ,/ LYNN 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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