HomeMy WebLinkAbout12/06/1988 Business Meeting •
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. DECEMBER 6,
BUSINESS M•
EETING
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. Pat-
, , . Berndt, presiding, Council members Clarence Barnett, Henry
Beauchamp, Lynn Carmichael, Jerry Foy and Bernard Sims present on
roll call. City Manager Zais, City Attorney Vanek, City Clerk
Roberts and Deputy City Clerk Toney also present. Council member
Lynn Buchanan absent and excused. •
2.. INVOCATION
The Invocation was given by Council member, Beauchamp:
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Mayor Berndt read a proclamation designating the month of December
as 'Christmas Festival Month, and Eisenhower High School Band
Leader, Lori Lyford, and a'few students from the Eisenhower band
played two Christmas carols in celebration of the Christmas Season.
4. AUDIENCE PARTICIPATION
Rosemary Small, 1006 South 25th Avenue, expressed concerns about
the business located at 1019 South 26th Avenue, Northwest
Distributing, stating it does not meet City code. Following a
brief discussion, Mayor Berndt asked staff to investigate the
allegations made by Mrs. Small.
5. PUBLIC MEETING TO CONSIDER APPEAL OF HEARING EXAMINER'S DECISION
APPROVING APPLICATION BY PACIFIC DESIGN ASSOCIATION TO CONSTRUCT
CONVENIENCE STORE AT 2401 WEST' NOB HILL BOULEVARD (CIRCLE K)
(PLEASE BRING PREVIOUSLY DISTRIBUTED MATERIAL)
• Larry Lehman, Associate Planner, reviewed the agenda cover sheet
stating this item had been remanded to the Hearing Examiner for
further consideration on September 6, 1989. The Hearing Examiner
again considered the issue on September 21, 1988, and on October
14, 1988, a decision was made to approve the application of
Pacific Design Association to construct a convenience store at 2401
West Nob Hill Boulevard. The Hearing Examiner's decision was
subsequently appealed by the North Nob Hill Neighborhood Coalition
on October 31, 1988, therefore, the issue is before City Council
for reconsideration. Mr. Lehman referred to the maps and site
plans displayed on the wall, commenting that parties unknown have
placed an exhibit on.the wall which was not part of the materials
considered at the public hearing by the Hearing Examiner. Mr.
Lehman stated staff recommends that the Hearing Examiner's decision
. be accepted. He stated he has nothing further to add at this
time and yielded to Mayor Berndt.
Mayor Berndt asked Council members to declare if they had received
any contact .regarding this project since it was last discussed by
Council. Each Council member having stated they had not been
contacted, Mayor Berndt then opened the public meeting asking
those wishing to speak in support of the project to do so at this
time.
Stewart Young, Representative of Pacific Design Associates and
Pacific Centers, reviewed the following issues that were of
concern to the City Council: 1) whether the administrative
adjustment of the parking stall depth and driveway width pose a
safety hazard, 2) will the proposal fail if the Traffic Engineer
does not approve a "C" barrier and four -way stop signs at 24th
Avenue, 3) whether there should be a "no turn" sign at the exit
onto 24th Avenue and Bonnie Doone, 4) do the handicapped parking
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requirements apply and will this have any impact on
the administrative reduction for parking places, and 5) resolution
of the responsibility for maintenance of the property on the west
side of the proposed project. Mr. Young informed Council that all
of these issues have been reviewed and resolved, adding he does not
know what else can be done to appease the North Nob Hill
Neighborhood Coalition except to abandon the proposed project.
There being no other citizen present to speak in favor of the
proposed Convenience store, Mayor Berndt asked those wishing to
speak against the project do so at this time.
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Linda Garcia, 1014 South 24th Avenue, again requested that an
Environmental Impact Statement (EIS) be done to determine the
impact the proposed business would have on the neighborhood.
Other concerns mentioned by Mrs. Garcia included the maintenance
of the undeveloped right -of -way property next to the proposed
business, four-way stop signs at 24th Avenue and Bonnie Doone,
elimination of the curb cut on 24th Avenue, coordination of the
landscaping so that it blends with the residential area, signs
posted that say "reduce speed to 25 MPH ", and no further option for
24 hour operation. Council member Beauchamp asked Mrs. Garcia if
these issues can be mitigated, would the North Nob Hill
Neighborhood be supportive of the project? Mrs. Garcia indicated
that in so far as she can speak for the Coalition, the group would
be supportive if these issues could be resolved.. Council member
Beauchamp pointed out that Nob Hill Boulevard is basically zoned
for business. Mrs. Garcia contended that when Nob Hill Boulevard
was widened, the zoning was changed to permit businesses in that
area. It was pointed out that the zoning had been changed prior to
the widening of Nob Hill. Boulevard and that many of these
businesses have been in existence for a long time. Mrs. Garcia
stated three new businesses. have gone in since the widening of Nob
Hill Boulevard.
Bonnilee Ball, 1012 South 24th Avenue, addressed Council regarding
the options presented in the land use zoning map and plan in 1985.
She distributed a packet of information pertaining to her
testimony and commented that of the alternatives submitted for the
Urban Area Zoning Ordinance, Council chose Alternative D which was
to recognize Nob Hill Boulevard as a developing commercial arterial
and modify the proposed zoning to accommodate transition to
commercial use. She added that the Coalition is against everything
in Alternative D due to the impacts on their neighborhood. Mrs.
Ball cited the case of Juanita Bay, Valley Communication
Association versus Kirkland, 9 Wn. appellate, which states the EIS
is the basis upon which the responsible agency and officials can
'make the balancing judgement mandated by SEPA between the benefits
to be gained by the proposed major action and it's impacts upon the
environment. She stated she read the EIS done in 1984 for this
proposed zone, however, it did not address any one particular area.
She emphasized that the EIS did not address adverse impacts of
-businesses abutting residential areas, adding it also failed to
address noise, light and glare. She spoke about .other court cases
and commented that RCW 43.21C.030 states the. EIS guidelines are to
be used by state agencies and local governments for statements,
reports, advice and informational purposes. Mrs. Ball stated Bob
Shampine and Phil Lamb both have stated there are a issues in this
proposal that cannot be mitigated and these are still of concern to
the
Philip Small, 1006 South 25th Avenue, stated the maintenance of
the City's. right -of -way to the west of the property proposed for
development should be the responsibility of the developer. He
referred to a diagram on the wall depicting the proposed
development with the City's property in the middle of the block,
adding that the developer has offered to maintain this property and
it is his belief that the City should exercise the authority to
require the developer to do so. Mr. Small reviewed .the. diagram
prepared by the Coalition illustrating how the Coalition wish
the proposed project to be . designed. (The diagram /drawing
referred to by Mr. Small was not part of the material submitted
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for consideration at the,public hearing conducted by the Hearing
Examiner.) He reiterated concerns already mentioned by other
. Coalition representatives. Mr. Small stated Mr. Young had
decreased the square footage of the Circle K, however, he has added
a second business, resulting in an increase in the overall retail
space. He pointed out that the City has the authority to direct
the installation of a four way stop sign if they choose to do so.
Rosemary. Small, 1006 South 25th Avenue, pointed out that the last
page. of the Coalition's conclusions had been inadvertently, omitted
from the Council packet. Copies were made and distributed to
Council. Mrs. Small proceeded to speak about the purpose and
intent. of the Urban Area Zoning Ordinance (UAZO), stating. she has
witnessed that developers are not encouraged to use the purpose and
intent section as a goal and it is routinely ignored, resulting in
substandard development practices. Mrs. Small alleged that "the
City most often plays right along, most frequently granting
• adjustments in setback and parking requirements." She said the
result of these •adjustments is that the compatibility issue
- becomes an afterthought. Mrs. Small'stated for the past ten months
the Coalition has identified concerns regarding this proposed
project, adding that she does not like this type of store locating
in her neighborhood, but the situation can be made more compatible_,
. than has been proposed by the developer. Mrs. Small stated the
Coalition was allowed to have input into other businesses recently
, proposed or developed on Nob Hill Boulevard, however, Mr. Young
has not taken their concerns into consideration. In conclusion,
Mrs..'Small commented .on the issue of the Super Safeway Store
stating she was generally.in favor of this development, however,
had received only about two'hours notice of that particular project
and was not given an. opportunity to review'the site plan, the EIS,
etc. She indicated her primary concern was the safety of the
school children in that area. Mrs. Small stated there have
already been some problems of this nature during the construction
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of the store.
Bobbie Foster, 1006 South 24th Avenue, expressed concerns about
traffic in the neighborhood and on Nob Hill Boulevard also. She
stated she does not feel enough study has been given to the traffic
problem that will be created by the Safeway Store development
much less putting the curb cut and C barrier on 24th Avenue.
Bonnilee Ball, 1012 South 24th Avenue, asked if Mr. Young intends
to include on site drainage and was informed that the plan does
address the issue of on site drainage.
There being no one else present to speak against this proposal,
Mayor Berndt asked that anyone else present to speak in favor of
.the -issue to do so at this time.
. Don Schussler, .local attorney representing Pacific Design and
Pacific Centers, commented briefly about the EIS, stating staff
concluded that an was.not required because the building is less
than 4,000 square foot. Mr. Schussler added that if an EIS had
been required, it would have been developed early in the process.
Don.Skone, Planning Manager, stated the application of Washington
State's Environmental Policy °Act is governed by the Department of
Ecology's Washington Administrative Code (WAC). He said the WAC
establishes "exempt • actions" which do not. require an
environmental review and minor new construction is included in
those exempt actions. He said the WAC guidelines allow each
community to establish its own standards, i.e. it may allow a
greater number of parking stalls or a larger building. Mr. Skone
stated the City adopted that policy in 1986 and as a result of that
action, the-City of Yakima's threshold exempts buildings of 12,000
square foot and less than 40 parking stalls in a B -2 zone. He
- stated because of that.action, this particular project does not
require an environmental review. A discussion ensued regarding the
size of the - convenience store. In checking the file staff
determined that the current proposal is a. Class 2 use for a 4,200
square foot building.. Mr. Young commented he has agreed to all of
the conditions set forth -,by the Hearing Examiner, and noting that
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seventeen changes have been made in the site plan since the initial
proposal. Mrs. Small countered that 80% of those changes were a
result of the Coalition objecting to the initial Class 3 proposal
submitted by Mr. Young.
There being no other citizens wishing to comment, Mayor Berndt
closed the public hearing at this time and requested direction from
Council. It was MOVED by Foy, seconded by Barnett, to accept the
Hearing Examiner's recommendation with the additional requirement
of a four way stop sign at 24th Avenue and Bonnie Doone. Council
member Beauchamp initiated discussion of the other concerns voiced
by the Coalition and offered an amendment to the motion. It was
MOVED by Beauchamp, seconded by Berndt (after relinquishing the
gavel), to landscape the right -of -way. Motion failed by 4 -2 voice
vote. Barnett, Carmichael, Foy and Sims voting nay. Buchanan
absent. The question was called for a vote on the motion. City
Attorney Vanek stated the two issues involved in the motion are
independent and should be acted upon as such. The motion was
withdrawn with the consent of the second. It was MOVED by Foy,
seconded by Sims, to accept the Hearing Examiner's decision.
Carried by 5 -1 voice vote. Beauchamp voting nay; Buchanan absent.
It was then MOVED by Foy, seconded by Carmichael, to instruct the
City Traffic Department to install a four -way stop sign at 24th and
Bonnie Doone, and that the appropriate staff mitigate the question
in regards to ownership of the alley for beautification and
maintenance of that property prior to construction. Carried by 5 -1
voice vote. Beauchamp voting nay; Buchanan absent. Council member
Beauchamp commended the citizens for their presentation,. on this
issue, adding they made their points well. Mayor Berndt commented
growth is sometimes painful and she hopes the Coalition feels that
the City Council has listened to their concerns and made every
attempt to hear to both sides of this issue in an attempt to make
this matter as palatable as possible.
Mayor Berndt declared a fifteen minute recess at this time.
6. PRESENTATION OF DRAFT 1989 YAKIMA COMMUNITY TELEVISION PLAN
It was MOVED by Carmichael, seconded by Foy, that the report be
accepted. Under discussion, Alan Taylor, Chairman of the Yakima
Community Programming Committee, presented the draft of the 1989
Community Television Plan, stating it contains a memorandum listing
some of the Committee's achievements during the past year. Mr.
Taylor stated the Committee is very proud of the achievements of
the past year, noting they have trained over 700 producers and
presented about sixteen hours of programming six days a week. He
stated the Committee will be actively promoting YCTV in the coming
year. Council member Foy stated he regrets that Dave Eyles is
leaving YCTV, but wished him well in his new venture. He
commented that the City has been blessed to have Mr. Eyles in the
capacity of Cable Television Coordinator. Mr. Taylor agreed with
Council member Foy's comments, adding that the Committee shares
those feelings. Mr. Eyles stated he is appreciative of the support
the City Council has given him over the past year, and added that
he is leaving the City in good hands as far as staff and the
Committee is concerned. The question was called for a vote on the
motion. Unanimously carried by voice vote. Buchanan absent.
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7. CONSIDERATION OF SUBMITTAL OF LEGISLATION TO ADOPT COMPREHENSIVE
SEWER PLAN AND PROPOSED SEWER RATES AS RECOMMENDED IN SEWER
FINANCING PLAN FOR DECEMBER 13, 1988 (SEE AGENDA .STATEMENT
OF NOVEMBER 22, 1988)
Council member Foy stated that Council member Buchanan had asked
that this item be deferred until he is present, therefore, it was
MOVED by Foy, seconded by Sims, that this be deferred until
December 13th for final review and action. Unanimously carried by
voice vote. Buchanan absent.
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8. OTHER BUSINESS •
Mayor Berndt stated Council has been requested to consider giving
$5,000 to the New Tourism Council and asked for a consensus of the
Council to have this issue added to the budget wrap -up session
as a policy issue. Council member Barnett asked how the money
will be spent because he has heard two ,different proposals and
would like to know which is correct. He asked how this ties in
with Region 3 Tourism; the Yakima Visitors and Convention Center
and the Chamber of Commerce, and if this is another new layer of •
government? He also inquired about the source of funds for this
proposal. Mayor Berndt stated she would obtain the information
. requested about what is .being. created and City Manager Zais
addressed the issue of the funding source. It was the consensus
of the Council that the information requested will be provided
prior to any decision on the request.
9. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING
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It was MOVED by Foy, seconded by Carmichael, to move into Executive`
Session for approximately thirty minutes for the purpose of
discussing collective bargaining and pending litigation, and to
adjourn immediately thereafter to December 10, 1988 at 9:30 A.M.
for the Budget Wrap -Up session. Unanimously carried by voice vote.
Buchanan absent.
10. ADJOURNMENT TO 9:30 A.M. - 3:00 P.M. DECEMBER. 10, 1988 BUDGET
WRAP -UP SESSION
Following the completion of the:•Exedutive Session, the meeting was .
. adjourned at the hour of 4:55 P.M.
READ AND CERTIFIED ACCURATE BY j() W' Ql L ? l -G I
C'IL' ER DATE .
• ATTEST: • COUNCIL EMB ' D E
CITY CLERK MAYOR
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(Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC.)
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