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HomeMy WebLinkAbout12/06/1988 Business Meeting • 0It9 • . 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 A/AD /1 050 DECEMBER 6, 1988 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. • 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 A/AD /2 . 051 DECEMBER ; 6;,, ; 1988 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 • 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 A/AD /3 052 DECEMBER 6, 1988 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. • 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. A/AD /4 053 • DECEMBER 6 ,, . 1988 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 • 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 • (Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC.) • • • jr A/AD/5 •