HomeMy WebLinkAbout11/01/2005 Business Meeting 3 1
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
NOVEMBER 1, 2005 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present:
Council: Mayor Paul George, presiding, Council Members Ron Bonlender,
Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan
Whitman
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
2. Invocation /Pledge of Allegiance
The Reverend Robert Trimble delivered the invocation followed by the Pledge of
Allegiance led by Council Member Sims.
Mayor George introduced Joshua Christopher, a junior at West Valley High
School, who spent the afternoon job shadowing the mayor.
Reverend Trimble gave a tribute to Rosa Parks for whom the City's flags are
flying at half- staff. Ms. Parks' act of refusing to give up her seat on the bus
began a movement that ended legal segregation in America.
3. Open Discussion for the Good of The Order /Special Presentations
A. Proclamations
• National Family Caregivers Month
Mayor George read a proclamation declaring November as National Family
Caregivers Month. Don Hinman accepted the proclamation.
B. Special Presentations:
• Davis High School Curriculum: William O. Douglas Trail and the trolleys
Doug Johnson, a teacher at A. C. Davis High School, spoke about a
program called Access American Literature that conducted a hike on the
William O. Douglas Trail. Mr. Johnson introduced six young men who
participated in the hike. Council Member Place commented that we have
received funding to improve the bridge on the trail to make it multi - modal.
John Aylmer, Cowiche Canyon Conservancy, spoke about the purchase of
Snowmountain Ranch that is to become part of the William O. Douglas
Trail.
C. Citizen service requests
None
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D. Consideration of appointments to boards and commissions
• Board of Appeals
PLACE MOVED AND SIMS SECONDED TO APPOINT JIM JOHNSTON,
TERRY POE, AND ROD CASSEL TO THE BOARD OF APPEALS. The
motion carried by unanimous voice vote.
4. Consent Agenda
Mayor George referred to the items placed on the Consent Agenda, questioning
whether there were any additions or deletions from either Council members or
citizens present. Item No. 17 was removed from the Consent Agenda. The City
Clerk read the Consent Agenda items, including resolutions and ordinances by
title. SIMS MOVED AND BONLENDER SECONDED TO ADOPT THE
CONSENT AGENDA AS READ. 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.)
*A. Approval of the minutes of the October 17, 2005 Joint Public Hearing
The minutes of the October 17, 2005 Adjourned Joint Public Hearing were
approved, having been duly certified accurate by two Council members and no
one present wishing to have said minutes read publicly.
5. Audience Participation
No one came forward to speak.
PUBLIC HEARING
6. Public hearing and consideration of legislation relating to the Stormwater
Utility:
A. Public hearing to consider amending the stormwater ordinance rate
structure
City Manager Zais explained this public hearing is required to consider the
deferral of the stormwater utility fees enacted a year ago as well as the other
aspects of the utility ordinance for stormwater put in place to be in compliance
with the federal stormwater rules and regulations. This is a federal mandate,
administered by the Environmental Protection Agency (EPA) through the
Department of Ecology (DOE) at the state level. During the last few months we
have been working to create a network of local government partners with the City
of Yakima, Yakima County, the Cities of Sunnyside, Union Gap and Moxee to
pursue a regional utility for compliance with this mandate. The timeframe for
issuance of the permit is July 2006 allowing us to proceed with the partnership
coalition. Mr. Zais pointed out that we are also embarking on a value engineering
assessment to carefully review whether or not what has been proposed is
needed and meets the minimum criteria. He noted that we are also applying for
discretionary funds.
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• Mayor George opened the public hearing
Clarence Barnett, representing the Central Washington Homebuilders
Association, said they support the deferment of stormwater fees, however, in
addition to the deferment, they feel the base rate fee structure in the ordinance
should be deleted for the present time. Their rationale is that the main reason
for performing a value engineering study and establishing a regional plan is to
reduce overall stormwater costs. It is anticipated that a consolidated regional
approach will reduce the redundancy of effort and be far more effective. These
reductions in overall stormwater costs should have a corresponding reduction in
the stormwater base rate fees. Upon completion of the value engineering study
and the regional plan, a new reduced base rate structure should be reviewed
and established by the City Council.
Mike Morrisette, President and CEO of the Yakima Chamber of Commerce,
encouraged the Council to pass this legislation.
• Mayor George closed the public hearing
B. Ordinance deferring established regional stormwater utility fee
implementation for one year to January 2007
The City Clerk read the ordinance by title only; SIMS MOVED AND EDLER
SECONDED TO APPROVE THE ORDINANCE. Council Member Place said
she appreciated Mr. Barnett's comments, but thinks Council should wait until the
study is done. City Manager Zais said the rates that have been established are
based on the current analysis that's been done. We don't have anything
different yet. It is true we have the objective of greater efficiencies and
economies of scale but we don't know what they will be. This ordinance can be
amended at any time in the future once we know what the value engineering
study says. The question was for a vote on the motion. The motion
carried by unanimous roll call vote.
ORDINANCE NO. 2005 -62, AN ORDINANCE relating to the stormwater fee for
the storm drainage and surface water management utility; deferring the
implementation of the stormwater fee; amending Sections 7.80.110 and 7.80.170
• of Chapter 7.80 of the City of Yakima Municipal Code to reflect said fee deferral;
and providing for related matters.
C. Resolution authorizing execution of interlocal agreement with Yakima
County and the cities of Union Gap, Sunnyside, and Moxee for
continued cooperation in planning for regional stormwater
compliance
The City Clerk read the resolution by title only; McCLURE MOVED AND EDLER
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous
roll call vote.
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RESOLUTION NO. R- 2005 -163, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima ( "Yakima ") to execute Interlocal Agreement
with Yakima County ( "County "), the City of Moxee ( "Moxee "), the City of
Sunnyside ( "Sunnyside "), and the City of Union Gap ( "Union Gap ") for continued
cooperation in planning for regional stormwater compliance.
D. Resolution authorizing submission of grant application to the State
Department of Ecology for regional stormwater planning and
implementation
The City Clerk read the resolution by title only; PLACE MOVED AND McCLURE
SECONDED TO ADOPT THE RESOLUTION. Council Member McClure
commented that by doing this study and partnering with the other communities
we become eligible for more state money than we would be individually. The
motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2005 -164, A RESOLUTION authorizing the City Manager
of the City of Yakima ( "Yakima ") to approve submittal of a Stormwater Grant
Application with the Washington State Department of Ecology naming Yakima as
an agency partnering with Yakima County ( "County "), the City of Moxee
( "Moxee "), the City of Sunnyside ( "Sunnyside "), and the City of Union Gap
( "Union Gap ") in such endeavor.
CITY MANAGER'S REPORTS
7. Consideration of denial of Right -of -Way Use permits for:
A. Repair and replacement of an existing fence at 3416 Taylor Way
requested by Maureen Mould
Doug Maples, Code Enforcement and Planning Manager, gave background
information on the issue. As a result of multiple complaints, it was discovered that
the fence violates the City's zoning ordinance. The property owner has applied for
a right of way use permit. The fence is in the right -of -way by approximately five
feet and is also in the clearview area of the intersection. Mr. Maples said this is a
two -part issue as, if the right -of -way use permit is approved, the owner would then
have to apply for an administrative adjustment to deal with the fence height
restriction. Staff's reasons for suggesting denial are life safety issues. The lack of
sidewalks is putting pedestrians into the street. Approving this right -of -way could
set a precedent for the City and the City may assume liability. Also, staff does not
have the ability to make an adjustment on vision clearance requirements. He
pointed out that the vegetation ordinance in Chapter 8.80 of the Municipal Code
and the Zoning Ordinance in Chapter 15.05 have different standards for height
and distance. ONDS met with the owner of the property and she is eligible for
assistance. Mr. Maples explained that the fence would have to be moved back
approximately 20 feet if the current height was maintained; otherwise it would have
to be lowered down to 30 inches.
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Maureen Mould, the property owner spoke. Her house faces Taylor Way and her
entire back yard is fenced off on 36 and Barge Avenues. The fence has been
there for over 40 years. Apparently this issue came about because of an
anonymous complaint when the fence needed to be repaired. Almost every
residence on Taylor Way with a back yard on Barge has fencing and shrubbery
right up to the curb, or beyond. The fence repair was nearly complete when she
received notification from the City that it was in the right -of -way and needed
attention. Although she is in agreement about having this fence moved back, the
neighborhood standards all have shrubs and fences right up to the curb, so why
does she have to take out almost half of her yard. She then pointed out that a 2 1
foot fence would not keep her dog in the yard. She said she is very safety
conscious and is willing to compromise. After much discussion on the various
aspects of the intersection and impacts to the owner's yard, trees, and sprinklers,
SIMS MOVED AND PLACE SECONDED TO DEFER THIS TO STAFF AND GO
OUT AND VIEW THE MOST APPROPRIATE SOLUTION TO THIS CLEARVIEW
AND RIGHT -OF -WAY ISSUE. After further discussion on the two issues, public
right -of -way and clearview, BONLENDER MOVED AND McCLURE SECONDED
TO AMEND THE MOTION TO TAKE THE ISSUE TO THE NEIGHBORHOOD
DEVELOPMENT COMMITTEE TO WORK OUT THE NECESSARY
COMPROMISES. City Manager Zais agreed that there is conflicting legislation
that needs to be solved. The motion to amend carried by unanimous voice vote.
The question was called for a vote on the amended motion. The amended
motion carried by unanimous voice vote.
Ralph Collin of the Barge /Chestnut association said he was impressed that the
Council members had done their homework and were being so helpful.
B. Construction of fenced paved area for fenced parking at 5903 Douglas
Drive requested by Richard Schultz
Doug Maples, Code Enforcement and Planning Manager, said that staff
recommends denial of this request. The request is to use 1,375 square feet of
right -of -way on Englewood Avenue. The ordinance that allowed parking in the
public right -of -way was rescinded in 1999. This issue is also the result of a
complaint. There are no sidewalks on either side of this street. The fenced in
area is about 20' into the right -of -way. It is paved and is being used for RV
storage. The fence causes pedestrians to walk out into the street. City staff does
not have the authority to make an administrative adjustment on this matter, as well
as it raises a liability question. The 1,375 square feet is publicly owned property
that is being used for private use without property tax assessment. It was noted
that there could be problems related to a utility box located on this property as well
as problems that could arise if the main residence were to be sold. If the request
were denied, the property owner would have to remove the fence and not use the
property as a parking area.
Property Owner, Rick Schultz, admitted building and later finding out it is not his
property. He pointed out that there are other properties to the west with similar
fencing on the right -of -way. Council asked Mr. Schultz several questions about
the property and after some discussion, SIMS MOVED AND McCLURE
SECONDED TO DENY THE RIGHT OF WAY USE PERMIT. In response to a
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Council question, Jeff Cutter, City Legal, advised that this particular use would
create a precedent that would be difficult to deal with when someone else makes
use of a location and then asks whether or not there is a problem after the use is
already committed. He also commented that there are still issues that could be
raised with regard to injuries that could happen on the property as it is not Mr.
Shultz's property and any use would extend a liability to the City to some degree.
With regard to future development, it appears there is a plan to widen the street on
the Six -Year Plan. At that time any use permit would have to be eliminated. The
question was called for a vote on the motion. Council Member Sims asked, if
the denial motion were approved, how much property would Mr. Schultz have to
restore? Mr. Maples recommended removing the fence and leaving the blacktop
there. The motion carried by a 5 -2 roll call vote; Bonlender and Edler voting nay.
*8. Consideration of Resolution authorizing execution of Dial -A -Ride eligibility
consultant services contract with Provident Services
RESOLUTION NO. R- 2005 -165, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute the Dial -A -Ride Eligibility
Consultant Services Contract with Provident Services.
9. Consideration of Resolution authorizing execution of agreement with the
Greater Yakima Chamber of Commerce for promoting and fostering
economic development
Bill Cook, Director of Community and Economic Development, advised they have
spent time reviewing the two -year contract (retroactive to January of 2005 and
continuing through December of 2006) being proposed with the Chamber of
Commerce. The financing for next year would be subject to approval of the 2006
budget. They have updated the scope of services and added a new local
business survey. The agreement has been reviewed by the Community
Economic Development committee and they recommend approval.
Mike Morrisette, Executive D of the Chamber of Commerce, commented
that the Chamber has been through two leadership changes in the last six
months and they are working diligently to introduce some "best practices" into
their operations. They are changing out their computer system and that would
be included in the contract deliverables. They are also realigning the Board and
some programs and will be introducing some internal controls to operate more
efficiently. He has been in chamber work for 22 years and has learned that it's
not enough to do things right; you have to pick the right things to do. With
regard to the contract, it's not about the money, it's about continuing a productive
relationship between the Chamber and the City. Mr. Morrisette then discussed
various details in the contract. The City Clerk read'the resolution by title only;
SIMS MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION.
The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2005 -166, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute an agreement with the Greater Yakima
Chamber of Commerce, Inc. for the purpose of fostering community economic
development, citizen participation in City government, and improvement of the
quality of life in Yakima.
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Following a short break, the meeting resumed at 4:10 p.m.
*10. Consideration of Resolution ratifying the execution of a loan application to
the Washington State Water Pollution Control 2007 Revolving Fund to
implement the first phase of construction improvements at the Wastewater
Treatment Plant
RESOLUTION NO. R- 2005 -167, A RESOLUTION ratifying the authorization of
the City Manager to execute applications, certifications and agreements pursuant
to an application for a construction loan from the Fiscal Year 2007 (7/1/06-
6/30/07) Washington State Water Pollution Control Revolving Fund (SRF),
administered by the Washington State Department of Ecology, in the amount of
$4,000,000 for improvements to the Wastewater Treatment Plant and other
documents related to this project.
*11. Consideration of Resolution declaring an emergency and authorizing the
execution of contracts for centrifuge rental and repair of existing
Wastewater Treatment Plant centrifuge for biosolids dewatering
RESOLUTION NO. R- 2005 -168, A RESOLUTION declaring an emergency and
authorizing the City Manager to execute the contracts for renting a centrifuge
and repairing the existing WWTP centrifuge for biosolids dewatering.
*12. Consideration of Resolution reauthorizing the City Manager to execute and
settle any claims against or by the City in an amount of $100,000 or Tess
RESOLUTION NO. R- 2005 -169, A RESOLUTION authorizing the City Manager
of the City of Yakima to resolve and settle any claims against or by the City in an
amount of $100,000 or less, and to execute all documents necessary to the
resolution or settlement of such claims.
*13. Consideration of Resolution authorizing sole source purchase of a disk
array system for the Public Safety Communications Division
RESOLUTION NO. R- 2005 -170, A RESOLUTION Authorizing the City Manager
to purchase a Disk Array System from Hitech Systems, Inc. to be used to
enhance our Computer Aided Dispatch System which, by improved operation
enhances our public safety operations, for a purchase price not to exceed
$43,000 (plus sales tax) as a sole source purchase without calling for bids, and
further directing the City Manager to execute all appropriate and necessary
documents to complete the purchase and transaction.
*14. Consideration of Resolutions approving designation and authorizing
federal CHODO HOME funding for various community organizations:
A. Yakima Interfaith Coalition
RESOLUTION NO. R- 2005 -171, A RESOLUTION approving the request from
Yakima Interfaith Coalition, to be considered a Community Housing
Development Organization (CHDO), authorizing and directing the City Manager
and the City Clerk to execute all necessary documents granting CHDO status to
Yakima Interfaith Coalition.
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B. Yakima Valley Partners Habitat for Humanity
RESOLUTION NO. R- 2005 -172, A RESOLUTION approving a $142,000 grant
request from 2005 -2006 Federal HOME funds to Yakima Valley Partners Habitat
for Humanity for acquisition of two properties for construction of five single - family
3 or 4 bedroom homes and authorizing and directing the City Manager and the
City Clerk to execute all necessary grant documents, including a grant
agreement, between the City of Yakima and Yakima Valley Partners Habitat for
Humanity.
C. OIC of Washington
RESOLUTION NO. R- 2005 -173, A RESOLUTION approving a $70,000 grant
request from 2005 Federal HOME funds for acquisition and demolition, and a
$100,000 loan using HOME dollars for construction costs to OIC of Washington,
to construct two (2) single - family homes located in the City authorizing and
directing the City Manager and the City Clerk to execute all necessary grant
documents, including a grant agreement, between the City of Yakima and OIC of
Washington.
*15. Approve final contract payment for the General 308 Irrigation System
Phase 2 Project No. 04056 -C performed by THG Construction, LLC
The report from the consultant engineering firm Huibregtse, Louman
Associates, Inc., dated September 23, 2005, with respect to the completion of
the work on the General 308 Irrigation System Phase 2 /Stage 1 Improvements
Project No. 04056 -C, performed by THG Construction, LLC, was approved, the
work accepted and payment of the final estimates as therein set forth was
authorized.
*16. Set date of public hearing for December 6, 2005 to consider amendment to
the 2005 Community Development Block Grant Annual Action Plan
December 6, 2005 was set as a date of public hearing to consider amendments
to the 2005 Community Development Block Grant Annual Action Plan
17. Acceptance of report from the Water and Irrigation Division regarding the
Lower Naches River Coordination Project
Dave Brown, Water and Irrigation Manager, explained that in October of 2004,
we approved a Memorandum of Understanding with the Department of
Transportation and Yakima County to develop a plan to look at the Naches River
from the general irrigation diversion dam to the confluence. We worked together
on the plan and shared the development cost. This plan becomes the marketing
tool for obtaining funding. The next steps are for Council Member Sims to work
with the watershed implementation (will be adopted tomorrow morning) and then
with Council Member McClure getting involved with salmon recovery. Once it is
all put together, we will be in line for monies from the Bonneville Power
Administration, The Corps of Engineering, the County Flood Control, and the gas
tax.
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Gary Beeman, Environmental Manager with the Department of Transportation,
explained that they are trying to develop partnerships that they believe can bring
a lot of funds into the community to help. Although the agreement is with
City /County /DOT, there are a lot of other partners involved such as the
Greenway and Fish and Wildlife. Council Member Place commented that we
hope we can rewrite the critical areas ordinance under GMA so these projects
can move forward at a faster pace. After further discussion, SIMS MOVED AND
PLACE SECONDED TO ACCEPT THE REPORT. The motion carried by
unanimous voice vote.
ORDINANCES
18. Consideration of Ordinance authorizing the issuance of Limited General
Obligation Bonds for parks capital improvements
City Manager Zais explained that this is the bond that Council authorized to be
prepared for issuance this year for park improvements as a consequence of the
earlier decision to close pools and move funds into other recreational endeavors.
We just recently completed the improvements at Miller Park. This will help us
match the state funding authorized in the recent Legislature for the fourth softball
field at Kiwanis Park, the water playgrounds at Washington and Miller Parks, the
Kiwanis Park Skate Board park, and the feasibility study on a regional aquatics
center initiative now underway.
Tim Jensen, Treasury Service Officer, explained that these are 10 -year limited
tax general obligation bonds. When asked if Council members are restricted
from buying the bonds, Rita Anson, Budget and Finance Manager, explained that
when we looked into it previously, bond counsel advised it would not be wise for
Council members to purchase during the first round. Once the bonds are out on
the secondary market it is not a problem to purchase them at the open market
price. Council Member Bonlender asked what would happen to the excess funds
if the aquatic center consultant cost less than budgeted due to the legwork done
by the aquatics committee. Mr. Jensen explained any excess funds could be
applied to wherever Council directed it in the Parks capital budget. The City
Clerk read the ordinance by title only; SIMS MOVED AND BONLENDER
SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous
roll call vote. City Manager Zais advised that a formal sale purchase contract
would be brought back to Council on November 15
ORDINANCE NO. 2005 -63, AN ORDINANCE of the City of Yakima,
Washington, providing for the issuance of limited tax general obligation bonds of
the City in the principal sum of not to exceed $825,000 to finance park
improvements and providing the form and terms of the bond.
*19. Consideration of an Ordinance amending the Municipal Code to provide for
removal of members on Council- appointed boards and commissions where
removal authorization is not elsewhere provided
ORDINANCE NO. 2005 -64, AN ORDINANCE relating to administration, adding
chapter 1.30.010 as a new Chapter to Title 1 of the Yakima Municipal Code to
establish a procedure by which members of City Council boards, committees and
commission may be removed when no specific removal provision is provided by
other ordinance provision.
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*20. Consideration of an Ordinance amending the Classification and
Compensation Plan for certain City employees
ORDINANCE NO. 2005-65, AN ORDINANCE relating to City personnel;
adopting a classification and compensation plan for City employees to be
effective December 4, 2005; amending Subsections 2.20.100A, 2.20.1000,
2.20.110A, and 2.20.1100, all of the City of Yakima Municipal Code.
21. Other Business
Council Member Edler raised the issue of the meeting agenda again due to the
Chamber Director having to wait two hours before his item was addressed. He
challenged Council to look into the potential of shuffling agenda items so we don't
have honored members of our community, people helping us get where we want to
go, suffering through all the other things on the agenda. Council Member Place
advised that she has been working with the City Clerk on putting together a
courtesy policy and will be reviewing it with the Meeting Subcommittee shortly.
• Information Items
Items of information provided to Council were: 10/27/05 News Release: re Judge
Determines Congdon Rezone is Valid; Agenda for the November 2, 2005 Hearing
Examiner meeting; Agenda for the November 2, 2005 Community Review Board
meeting; Planning Division Assignments Pending as of November 1, 2005; Article from
October 24, 2005 Nation's Cities Weekly, "Senate Passes TTHUD Appropriations Bill;
and Article from the October 26, 2005 Seattle Post-lntelligencer re: "HouseValues is
Expanding to Yakima"
CLOSED RECORD PUBLIC HEARING
22. Closed record public hearing to consider the Hearing Examiner's
recommendation for a long plat at 1419,S. 72 Avenue requested by Pete
Olson and Frank Baehm
Jeff Peters, Assistant City Planner, explained that this is a preliminary plat
comprised of 5.94 acres consisting of 28 lots zoned R -1. Also included are a
master application for Class 2 Review for common wall single - family construction
and an administrative adjustment from 45% to 55% lot coverage. Staff review
has disclosed that all standards are met. The transportation concurrency review
indicates sufficient capacity to absorb the traffic for this development. On
September 8th the Hearing Examiner heard testimony both for and against. On
September 22 the Hearing Examiner issued a written recommendation for
approval subject to conditions contained in the staff report. Staff recommends
accepting the Hearing Examiner's recommendation and directing the legal staff
to prepare the appropriate legislation.
Council Member Place advised that Council had received some of the letters
from people around the area that would like us to restrict this to owner - occupied
housing. She wanted to state publicly that is not within the City's jurisdiction. Lot
#5 on the plans was discussed. It had been originally proposed as a daycare
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facility, however, the developer has purchased the entirety of the property and a
daycare is no longer proposed at that location. In discussion about the
requirement of sidewalks, it was noted that because those requirements were
originally put forth during SEPA as part of the mitigated determination of non
significance, they will stand whether it is put in the plat or not.
• Mayor George opened the closed record public hearing.
Bill Hordan, 410 N. 2nd Street, thanked City staff for the wonderful job they did on
this project. He said they are still working with the City Engineer to get a signal
at Mead and 72 Avenue. Although the Hearing Examiner added a couple
contingencies, they are willing to accept them. It is their intent to sell all of the
units. There will only be two duplexes, so there will be four rental units on the
corners. With regard to Lot #5, it is likely that the daycare application may be
resubmitted. It will require a Class 3 review. It is their intent to put sidewalks on
both sides per the subdivision code.
Harold Race, 707 N. 1 Street, commented that he thinks the people who have
owned the property for 55 years are definitely entitled to sell as long as it is done
in accordance with the Codes of the City of Yakima. He urged Council to
consider passing this Class 2 review, known as the Hedgewood Addition.
Laura Ridd, 1526 S. 69 Avenue, said that, although she understands Mr. Baehm's
need to sell the property, the neighborhood doesn't like it. Her specific concern is
the issue of ownership. She moved from a duplex area and finds it disheartening as
a homeowner to not have any say over whether or not it becomes a rental
neighborhood. She talked about covenants in their subdivision that require
homeownership and was hoping the developer could create such a covenant. She
passionately expressed concern about lot #5 and the potential of a daycare.
Another concern she expressed was with regard to Mead Avenue extending
eastward as they live in the pending shadow of Wal -Mart. The traffic congestion by
the schools as Mead continues to be extended will come into their neighborhood.
Council Member Place clarified that anything that happens on lot #5 would have to
go through a Class 3 review and would give the neighbors another opportunity to
address the issue.
• Mayor George closed the closed record public hearing.
SIMS MOVED AND MCCLURE SECONDED TO ADOPT THE HEARING
EXAMINER'S RECOMMENDATION. Council Member Place also expressed
concern about Lot #5. She doesn't feel it is a good area for a day care. Council
Member Edler asked for clarification about a statement made that a common
wall building is a glorified duplex. Bruce Benson, Planning Supervisor, advised
that within the R -1 zoning district our zoning ordinance permits the common wall
construction. The major difference between a duplex and common wall
construction is that common wall allows for separate ownership of both sides of
it. But there's no guarantee, even if it's a single family owned home, that it won't
also be a rental. There is a minimum lot size for common wall construction;
below that lot size you can have duplex. Common wall has a property line
running down the middle of the structure. With a duplex, at least one half of it
would be a rental where the owner occupies one side and rents out the other.
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Mr. Benson also explained that we have had several developments lately
involving common wall structures, as it is one of the ways we are meeting some
of the density standards of the GMA. It is a Class 2 and carries a presumption of
compatibility. Council Member Sims interjected that house prices have gone up
so high it is requiring the builder to do this to get the price of a house down to
something people can afford. The question was called for a vote on the
motion. The motion carried by 6 -1 roll call vote; Edler voting nay.
There was a short discussion on how the zoning ordinance does not contain
specific standards for evaluating compatibility and determination is based on
public comment. It was suggested by a previous Hearing Examiner that we need
standards for evaluating compatibility. As we look at our zoning ordinance again,
perhaps that is something we could clarify.
23. Executive Session regarding pending and prospective litigation (allow
approximately 45 minutes)
McCLURE MOVED AND PLACE SECONDED TO ADJOURN TO EXECUTIVE
SESSION FOR APPROXIMATELY 45 MINUTES TO DISCUSS PENDING AND
PROSPECTIVE LITIGATION, AND THEN TO NOVEMBER 8, 2005 AT 8:30
A.M. FOR A PUBLIC HEARING ON AN LID AND A BUDGET REVIEW
SESSION FOR THE PUBLIC WORKS DEPARTMENT. The motion carried by
unanimous voice vote.
24. Adjournment
Following the Executive Session, the meeting adjourned at 6:39 p.m.
READ AND CERTIFIED ACCURATE BY // `-.
COU IL M MBE / DATE
COUNCIL MEMBER DATE
ATTEST:
CITY CLERK PAUL P. GEORGE, MAYOR
Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City
Clerk's Office
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