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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.) 130 September 3, 1996 *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 2 n. 1.31 September,r3, 1996 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 3 132 September 3, 1996 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 • 4 133 September ; r =.3, 1996 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. 5 134 September 3, 1996 *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 I/ 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. 6 13.5 September ,3, 1996 *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. 7 136 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. 8 137 September, 3, 1996 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. 9 133' September 3, 1996 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 II • 10