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HomeMy WebLinkAbout02/17/1987 Business Meeting 1 1 • • FEBRUARY 17, 1987 . BUSINESS MEETING i 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 Henry . Beauchamp, presiding, Council members Clarence Barnett, Pat Berndt, Lynn Buchanan, Lynn Carmichael, Jerry Foy and Bernard Sims present on roll call. City Manager Zais, City. Attorney Andrews, City Clerk Roberts and Deputy City .Clerk Toney also present. 2. INVOCATION • The Pledge of Allegiance was led by Pat Berndt. • 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Beauchamp welcomed a number of students from Mountainview Elementary School, and their teacher, Mr. Jerry Prescott, - seated in the audience to observe today's Council meeting. • 4. CONSENT AGENDA • • Mayor Beauchamp referred to the items placed on the Consent Agenda, questioning whether there were any additions -or deletions from .. either Council.. members•- or citizens present. Items Nos. 12 and 13 • _were_added.to the .Consent Agenda at the-request of. Council members Barnett a Carmichael. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by .title. It was .MOVED by Carmichael, seconded by. Berndt, that. the Consent Agenda, as read, be passed. Carried by 6 -1 roll call vote. Foy voting nay. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion .without further. discussion.) • * 5. APPROVAL OF THE MINUTES OF THE COUNCIL MEETING OF JANUARY 20, 1987 • . The Council minutes of January 20, 1987 were approved, having been duly certified accurate by two Council members .and no one present wishing to have said minutes read publicly. • 6." AUDIENCE PARTICIPATION • Jeff Garfein, student from Mountainview Elementary School who resides at 12505 Tieton Drive, questioned if the County leash law is still in effect.- .Mayor Beauchamp responded that the City has a leash law which is in effect, however, the City's animal control officers do not deal with-animals in the County. '7. PUBLIC MEETING CONSIDERING THE REPORT ,FROM THE HEARING EXAMINER REGARDING THE REQUEST FROM GREG MC CLURE TO REZONE PROPERTY AT 4302 WEST.PRASCH - Mayor Beauchamp opened the public meeting - and, - ,.commented that Council members have-teen furnished with a copy .of- the-Hearing Examiner's findings and conclusions regarding this rezone request. ' _ Planning Supervisor John Haddix was present to give .background information. He stated the Hearing Examiner held .a public hearing on January. 21,.- -1987 regarding the request to rezone property located in .the vicinity of 4302 West Prasch Avenue :.from R -1, Single - Family, to R -2, Two - Family or Duplex., Mr. indicated the Hearing Examiner recommended approval of the rezone and staff is in concurrence. Council member Barnett referred to page two of the Hearing Examiner's recommendation under 3. Property Description, which indicates access to the subject parcel is from Storm Avenue, with access from South 43rd,Avenue and Prasch to be prohibited, due. to a difference in . elevation and a. traffic engineering desire to avoid making South 43rd Avenue a through street. He asked Mr-. Haddix to elaborate on this. Mr. Haddix GR.A &M /1 2 FEBRUARY 17, 1987 stated there is an elevation change of approximately 6 feet where the property abuts South 43rd Avenue which could' be an engineering problem in design and stabilization for a road bed. He added South 43rd Avenue is partly in the City and partly in the County and the County has no desire to extend South 43rd at this time because of it's alignment. Council member Barnett asked if this would preclude the street from being built in the future. Mr. Haddix stated it would not because when the property is ready for development it will be short plated and an administrative review will be done at that time. The administrative review will include reconsideration of the extension of the avenue further to the ' south. Mayor Beauchamp questioned if the rezone is granted, and someone wishes to develop the land, will a public hearing be conducted to allow citizens an opportunity to address the issue. Mr. Haddix explained there will be no new hearings, and an administrative review will be accomplished in -house if a short plat is submitted. He stated a hearing would only be required if the someone wishes to exceed the density of the R -2 zone, and that would require a Class (3) review and be heard by the Hearing Examiner. Mayor Beauchamp asked for those in favor of the rezone to address Council at this time. Mary Sperry, 4213 Storm, stated she has a lifetime estate of property that adjoins from north to south on the east side of this parcel being considered for development. She stated she would like the record to reflect that the street in front on her property is a half street, as a portion of her property along Storm Avenue is used for easement purposes, and she has no intention of dedicating this. Mrs. Sperry reiterated if access is not going to be possible via Prasch Avenue, the roadway will have to be purchased outright or through condemnation procedure. She also voiced concern about' fire trucks being unable to maneuver around the street sign at the corner of 43rd and Storm Avenue if two story duplexes are built on the subject property. Mayor Beauchamp asked if anyone present would like to speak in opposition of the proposed rezone, and no one came forward. Assistant City Attorney Vanek stated" Council members should indicate for the record whether they have had any type of pre- meeting contact with the proponents or opponents. It was determined that none of the Council members had anysuch contact, after which the public meeting was closed by Mayor Beauchamp. It was MOVED by Foy, seconded by Sims, for approval of the Hearing Examiner's recommendation for rezone, and the proper documents be prepared. Unanimously carried by voice vote. 8. PUBLIC MEETING CONSIDERING THE REPORT FROM THE HEARING EXAMINER REGARDING THE REQUEST FROM TIMOTHY MONAHAN FOR A MASTER APPLICATION FOR PROPERTY LOCATED IN THE VICINITY OF 50TH AVENUE AND WEST CHESTNUT AVENUE Mayor Beauchamp opened the public meeting stating all of the Council members were furnished copies of the Hearing Examiner's findings and' conclusions, and recommendations. ' Mayor Beauchamp asked the Council members to comment on any prior contact by proponents or opponents. Council member Foy responded that the original application which was submitted in a previous Council packet, but subsequently withdrawn by the applicant, was seen by each of the Council members. He stated he has had no other contact from anyone regarding this matter. Other Council members stated they have not had any contact from anyone regarding the rezone request. Supervising Planner John Haddix stated the Hearing Examiner held a public hearing on January 21, 1987 regarding the Chestnut Grove Master Application, in the vicinity of 50th Avenue and West Chestnut Avenue. The Hearing Examiner has issued written findings, conclusions and a recommendation for approval of the master application that rezones a portion of the site from R -2 (Two - Family) to B -1 (Professional Business) to permit a Class (3) use in a R -2 district, to permit a Class (2) use in a B -1 district and to grant an administrative adjustment to setbacks in the planned residential area of the R -2 district currently..established in the area. He stated staff is recommending acceptance of the Hearing Examiner's recommendation for approval. Discussion ensued regarding the recommendation by staff and the Hearing Examiner that 50th Avenue be extended through to 'Summitview. Council member GR.A &M /2 • 3 FEBRUARY47 .1987 • .Berndt questioned;if this:,is a recommendation or a requirement, and if. it has•to be .done immediately. Mr. Haddix stated this is a recommendation, however, at the time the bank is constructed and Mr. Monohan' s.project •is developed, they have agreed • to - extend the street from- Chestnut to Summityiew. Council member.: Berndt .commented ,if.,this stipulation is tied to the construction of the I' -hank, - it could .be next-year or twenty years from - now.. Mr. -Haddix Haddix .responded..affirmatively, the • canpletion -of the street -is tied to the bank's development. Mrs. .Berndt stated in.that case, all of the traffic fran, the retirement home and -the duplexes would flow onto Chestnut.,which . is.designated as a bike route; and pedestrian .path. She stated there are no shoulders :on, Chestnut, the-,busses and trucks utilize this street, and this project will only canpound the - problem. Mr. Haddix stated this was.discussed at the public hearings and Mr. Monohan agreed :to phase the project so as to , minimally impact this particular. situation.. Council member Carmichael stated she does not understand .why this•1 is just a recommendation and not a •requirement, ,nor why.. it is left to the bank's - discretion. Mr. Haddix explained.,the• street will be a requirement, however, the City cannot force Mr. Monohan to delay his project until the.street is completed. Discussion continued regarding the time schedule for Mr. Monohan's project, during which Glenn Rice referred to page 10, Item (I) which states "a,written agreement providing for the extension and improvement of 50th Avenue, .concurrent, with.:_the- ,developments, of properties:_located on ,, 50th -, Avenue, . i-by- ,the," applicant -, "and property owner ".to the -,north, shall be - recorded. -prior- -toy rissuance-1 of <-.r,a building .;permit." Mr. • ,Rice assured Council a building permit would notibe issued -until we know what, is, going to happen. Mayor Beauchamp expressed concern • , ; regarding the . system for this project. Tim -.Monohan, project -developer, - .stated •the..on -site drainage system. will be ,;handled by dry ,wells and catch _basins which is a pretty common • technique ,used- for - most -- commercial developments. Mr. Rice again referred to page 10 of the Hearing Examiner's decision•which, states (b)• The. Yakima., Irrigation line, D.I.D. . No.:. 48, shall be ,reconstructed or relocated, if necessary, in accordance with the . direction of the Director of Yakima County: Public, Works" •and , (c) "a suitable -on -site drainage system shall be designed-for the •development, and approved by the Yakima City Engineer." Mayor Beauchamp- asked.that any proponents step forwardo address the Council regarding, this project at this time. Tim - Monohan,- 2402 W. Yakima . Avenue, stated he is in attendance today to respond to. : questions regarding the project. Phyllis Chapman, 151 Rippee Lane, • spoke on.behalf of:her mother who resides at 5001 Summitview. She • expressed concerns with possible. drainage field- problems. Mr. Rice reiterated this is addressed on page 12 of the,Hearing Examiner's decision under item .(b)• and .(c) as .:read previously. Mayor Beauchamp asked if there was anyone present who would like to speak in opposition to the project. There being no one, the public 'meeting was closed. -It was MOVED by Berndt, seconded by Carmichael, to adopt the Hearing Examiner•''s recommendation to approve the rezone. Unanimously carried by voice vote. Assistant City Attorney Vanek asked for the :if Council ,is approving,,both the Class -(3) Review ,and the •"rezone:" For clarification, i•t, was, MOVED by Foy,-seconded -by Carmichael,- that ,,the master application be II/ approved . -as.voice•vote. - recommended by the Hearing - Examiner:- - Unanimously carried by 9. .- ,REPORT - FROM - " - ENGINEERING DIVISION .- REGARDING PETITION REGARDING PARKING ON SECOND AVENUE,. BETWEEN- YAKIMA,AND CHESTNUT, AND ON CHESTNUT (CONTINUED FROM 1/13/87) -.- r r :Council- ,member Foy declared himself ineligible to .discuss this issue due to the appearance- of fairness. City Manager -Zais stated • this • item was continued • fran January -113th to allow ,the Westside • Merchants Association an- ,.opportunity to meet and review the petition. -- Traffic -Techni•cian Shelley Harlington was present to . respond to•,Council's inquiries. Mrs. Harlington stated - a•,letter was sent to the. Westside.Merchants Association and William: Burwell notifying, them .that the - .matter was- scheduled for consideration during today's- .Council meeting.. William ":Burwell of , Custom- Vacuum, 506 -West Chestnut,. and Vice President..of- the Westside Merchants • GR.A &M /3 . 4 FEBRUARY 17, 1987 Association (WMA) spoke against the petition to remove the two hour parking spaces on South 2nd Avenue between Yakima Avenue and ' Chestnut. Mr. Burwell stated the WMA feels it is the responsibility of PNB and AT &T to provide parking rather than take the two hour parking spaces from the businesses in the area. A discussion ensued regarding the impact this would have on the businesses in the area. Mayor Beauchamp commented he would vote against the motion to deny removal of the'two *hour parking spaces as he does not feel the demand of parking spaces for clientel is that great in that particular area. Council member Sims asked why Chicago Junk was not on the notification list. Mrs. Harlington responded she notified those merchants with whom she had been in contact with previously, as they were the ones that had voiced their objections and concerns. She stated parking spaces in front of Chicago Junk are not currently signed two hour' parking. Following further discussion, it was MOVED by Carmichael, seconded by Buchanan, to deny the request for removal of the two hour • parking on 2nd Avenue between Yakima and Chestnut and on Chestnut altogether. Carried by 6 -1 voice vote. Beauchamp voting nay. 10. REPORT FROM DEPARTMENT' OF COMMUNITY & - ECONOMIC DEVELOPMENT REGARDING EASTSIDE , ANNEXATION PROPOSAL (CONTINUED FROM 1/27/87) Director of Community & Economic Development Glenn Rice presented this item for Council's review and consideration. In response to Council member Barnett's inquiries regarding the scope of the - Environmental Impact Statement (EIS), Mr.' Rice stated a supplemental analysis of the EIS will be conducted, however, it is not necessary prior to the notice of the intent to annex. Council member Foy asked staff to provide information on the impact of the Six -Year Street Plan if Alternative C is adopted by Council. He also questioned how this would effect the water /sewer needs for that area. -Mr. Rice' stated staff could research this and present an estimate to Council at a later date. Council member Carmichael questioned if there would be any difficulty in getting the "target • area" for Community Development Block Grant Funds expanded to include this area. Mr. Rice responded he has already talked with HUD officials regarding this matter and they are agreeable to doing this. Verna Beggs, 1204 East Spruce Street, spoke on behalf of the residents from the eastside. Mrs. Beggs commented she is hopeful there will be some changes in attitudes regarding this issue, and more emphasis placed 'on benefits to the citizens in the subject area rather than the benefits to be derived by the City. Council member Berndt was in agreement with Mrs.'Beggs, "and as such, it was MOVED by Berndt; seconded by Buchanan, to direct staff to proceed with the initiation of the proposed annexation. Unanimously carried by voice vote. 11. REPORT FROM THE POLICE AND LEGAL DEPARTMENTS REGARDING ENFORCEMENT ALTERNATIVES FOR STREET KIDS AND CURFEW LAWS . 'Council member Carmichael requested that the term "Street Kids" be defined prior to the presentation of the report. Police Chief Green noted the report addresses "Street Persons" which is essentially the same, however, encompasses adults as well as young people. Chief Green stated the term- "street kids or persons denotes someone who has no place, of abode, or actual place of residence, a place to go and sleep for the night, have a meal; has • 'inadequate 'clothing, food and shelter." He stated there are a number of youngsters on the street who do have' a place to go, if they chose to go there. He stated there are other problems to deal with, such as street people with mental and physical handicaps, alcohol problems, etc. There is also an increasing problem with those who are homeless and have nowhere to gaiat night because the Mission is full. These people often spend''the night .sleeping on the bench outside the Police Department. Mr. Green stated' this report is a result of Council's request last fall to investigate the potential implementation of a curfew ordinance to address some of the problems experienced in the downtown area. He stated, essentially, : the report is asking Council to approve the establishment of a Central Business District Task Force to help GR.A &M /4 • 5 • FEBRUARY'17, 1987' identify specific' problem areas, resources'and recaminended courses of ; •action He Stated the report" outlines ` reasons for recommending against a curfew-at this time.'Council member Foy spoke in support of this idea and suggested the CBD designation be dropped, and that one merchant from the downtown area and one merchant from the westside area be assigned to work on the task force. Chief Green further commented ' he - anticipates initating this on "April 1st '''Coinciding the shift change. He stated he would"'Tike to have"• two 'meetings in - the .month of March and one meeting per` month until''September. He stated he would like to' have 'two Council members Volunteer for the task.force'also. It was''MOVED by Barnett, - seconded - ,:by 'Berndt, to accept the ''report, approve the recomMendations' and two Council representatives"'to the task force.' Prior to calling "for the 'question, ' - Mayor Beauchamp acknowledged two teen- agerstin the audience and'asked if they would like to make any' comments: Michael Kluck, '202 Park 'Avenue, asked for 'clarification- on the action to be Mayor Beauchamp stated the task force - •will be 'studying various problems of the downtown area in Which 'young people are and attempt to • resolve those problems. - Following• further discussion, : the question was called for' a'-' on the motfibh. "Unanimously `'carried' by voice vote. * 12. PRESENTATION'OF CAPITOL THEATRE 1986 YEAREND The =report from the'Director of Community & Economic Development dated. - 'February `12, 1987, regarding the Capito] »Theatre Year End Report, was accepted and approved. - •• *13.' "CONSIDERATION OF AWARD'OF CONTRACT_'FOR'.LEGAL ADVERTISING'(MATERIAL . AVAILABLE TUESDAY) ' '_. _. r The report from the City Clerk dated February 17, 1987, regarding ' "the 'award` of the' contract for legal - 'advertising;Y was accepted and approved :' *14. REPORT FROM DEPARTMENT OF ENGINEERING AND UTILITIES REGARDING 1986 YEAR -END PROJECT- STATUS ' (4TH QUARTER)'' ' The report from the Department of Engineering and Utilities regarding the 1986 Year -end project status, was °accepted. fl *15. PRESENTATION - OF FINDINGS AND CONCLUSIONS OF HARRIS' APPEAL The Findings -and Conclusions - by the Yakima City Council'from the 'public meeting 'held February ' 10, 1987 to ' consider the made -' by Paul and Barbara' Harris, from a decision of the. Hearing Examiner to deny their application of a Class 2' use 'of a''duplex' iri aan R -1 zone in the vicinity of 19th Avenue and West Yakima Avenue, was adopted. *16. SET OF HEARING FOR THE CONSIDERATION'OF PROPOSED AMENDMENTS TO THE URBAN'AREA�- ZONING'ORDINANCE FOR MARCH 19, 1987' A joint hearing the Yakima County-Commissioners and•'the' Yakima City Council 'for :the consideration of • proposed "amendments - to the Urban Area Zoning Ordinance was set for March 19, 1987 at 7:00 p.m., in the Council Chambers of Yakima City Hall. *17. ' OF'OUT -OF -STATE TRAVEL FOR CHRIS WAARVICK'AND STEVE BROWN, . WASTEWATER TREATMENT PLANT, ; TO SACRAMENTO;'' CA • The Out -of -State travel for Chris Waarvick and' Steve Brown; Wastewater Treatment Plant, to view and evaluate the process control instrumentation; the Sacramento, California plant, .February 24 andJ25,,19874 at'a cost of $350 each, was approved. *18. CONSIDERATION OF AN ORDINANCE AMENDING THE 1987 BUDGET AND APPROPRIATING FUNDS FOR OUTSTANDING 1986 ENCUMBRANCES (FIRST READING) • GR.A &M /5 6 FEBRUARY 17, 1987 • An ordinance appropriating funds for outstanding 1986 encumbrances • having been read by title only at this meeting, was laid on the .table for one week or until February 24, 1987. • 19. OTHER BUSINESS • Council member Berndt reported she received a phone call from a citizen who lives near a bus stop which, happens to be located fairly close to a fast food establishment. The. citizen was complaining about passengers leaving litter strewn all over his property due to the lack of a garbage can at the bus stop location. Mrs. Berndt stated since she received that complaint she has observed other bus stops located near fast food establishments and has noticed litter strewn about them. She stated she does not feel it should be the responsibility of the homeowner to clean up after these people, but rather that the City should have some responsibility in this area. Council member Sims asked if the City receives- any-money from the State Business and Occupation & tax for collecting litter. City Manager Zais stated he has never seen this in any revenue account. Council member Buchanan commented this tax is used by the State Highway Department and.he does not think it can be used elsewhere. On another matter, Council member Carmichael asked if the City will be participating in the spring clean -up effort again this year. Council member Foy stated the Chamber of Commerce currently has a - committee working on this and the spring clean -up effort will take place again this year. Council member Carmichael proposed the City Council take the responsibility of purchasing and planting shrubs or plants in the planting strip along the City's parking lbt on 3rd Street. Reverting back to the litter problem at bus stop locations, Council member Foy suggested inspecting these sites periodically as it is • the City's responsibility to maintain the image of these shelters. • Council member Carmichael suggested the possibility of the Transit. Divison providing some refuse containers at bus shelters, or on the busses. Information Items Items of information supplied to Council were: Yakima Valley Conference of Governments, News In Brief; Volume 13, No. 2, February - 1987; Agenda for February `18, 1987 Yakima Kittitas Resource Conservation & Development Project no host luncheon meeting. 2/6/87; and Minutes of the January 14, 1987 Traffic Safety Advisory Commission meeting. - 20. EXECUTIVE SESSION REGARDING PENDING LITIGATION It was MOVED by Buchanan, seconded by Carmichael, to move into Executive Session for approximately five minutes, for the purpose of discussing pending litigation, and then to reconvene for the purpose of a photo session with the Council members and City Attorney Andrews. Unanimously carried by voice vote. 21. ADJOURNMENT • Following the conclusion of the photo session, the meeting was • adjourned at the hour of 4:02 p.m. - 2- /14c-7 5 READ AND CERTIFIED ACCURATE BY: sCOUN I MEMBER • "`� DATE ` ATTEST: COUNCIL ENE R - G' D ` J ,AMIE CITY CLERK MAYOR MINUTES PREPARED BY ' F C vt1Lt DEP Y CITY CL:: GR.A &M /6