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HomeMy WebLinkAbout08/15/1989 Business Meeting 234 AUGUST 15, 1989 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. Assistant Mayor Lynn Buchanan presiding, Council members Clarence Barnett, Lynn Carmichael, and Bernard Sims present on roll call. Mayor Pat Berndt and Council members Henry Beauchamp and Jerry Foy absent and excused. City Manager Zais, Assistant City Attorney Tree, and City Clerk Roberts also present. 2. INVOCATION The Pledge of Allegiance was led by Council member Carmichael. 3. OPE14 DISCUSSION FOR THE GOOD OF THE ORDER None. 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was.MOVED BY SIMS.,. SECONDED .BY ..BARNETL,.:. THAT THE ,CONSENT. AGENDA,: AS READ, BE..:PASSED. Unanimously carried by roll call vote. .Beauchamp, . Berndt and Foy absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF MINUTES OF THE COUNCIL MEETING OF JULY 25, 1989 The Council minutes of July 25, 1989 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 Shahid Ohad, 1313 Browne, #208, appeared before the Council to inquire about the status of the installation of the traffic signal promised for 10th Avenue and Summitview. He stated this was previously approved by Council, however, everytime he called staff about this he was advised another report on this is being prepared to go to Council. Assistant Mayor Buchanan reported this item is scheduled for the next Council meeting. Since Mr. Ohad and Mr. Thomas are present today to speak to this issue, and staff has provided a written report, it was the consensus of the Council to discuss this issue under Item No. 17, Other Business. 7. PUBLIC MEETING ON REQUEST TO REZONE PROPERTY AT 5405 SUMMITVIEW, FROM R2 TO B1, AS REQUESTED BY CLINE /ORMBREK This being the time set for a public meeting on the rezone of property at 5405 Summitview, Joan Davenport, Associate Planner, reviewed the information contained in the staff report. She stated this rezone application has been recommended by staff and the Hearing Examiner for denial. One of staff's concerns was the change in the land use along Summitview Avenue. There have been a number of recent developments along Summitview, including some major developments, which could change the character of that area. A second issue of concern is that of public need for a professional office building at this location. Staff has contended that public need has not necessarily been addressed. She stated a third area of concern was the traffic impact, which would not be immediately felt. The rezone would only have a small impact on Summitview, but it sets a precedence which could lead to many AAD /1 AUGUST 15, 1989 2 3 J curb cuts and other traffic problems. Ms. Davenport reported the applicant submitted a plan for an office use, with shared access. She stated a letter was received from Mr. Broetje, the property owner, indicating his neighbor, Mr. Johnson, intends to purchase the balance of the property for agricultural and green belt use. She stated the Hearing Examiner, in his recommendation, included some text about the future suitability of about a 21 acre site on Summitview ( Broetje and Johnson orchards), saying that maybe B -1 is a good use for that whole site. She reported that staff's opinion is that the Hearing Examiner is experiencing frustration and staff should look at the land use for that whole area, although staff is not expecting a rezone request for that whole area. Council member Sims asked how long it would take staff to review the land use for that area. Ms. Davenport briefly outlined the task, and stated • staff is already operating under a heavy workload, so she could not give a time frame. Assistant Mayor Buchanan opened the meeting for public testimony. Jim Slagle, Lombard and Associates, 1607 West Lincoln, speaking on behalf of Mr. Broetje, said Traho, Inc. has an option to purchase the front ,part of the property for an office building., Mr,. Johnson has an option to purchase the back 3.88 acres and his intent is to farm and to protect his ,residence: Mr.. Johnson has signed an agreement with Mr. Broetje, and has indicated he would seek a down zone of that property to an open space classification. He outlined the problems Mr. Broetje has experienced in trying to sell that property with its current zoning.- He commented that any future rezones along Summitview would require a hearing, so he did not see how this rezone would set a precedence. Barbara Cline, applicant, commented some policy issues surfaced which do not seem to have an easy answer. Summitview, because of the development of traffic was widened, and lots of property in that area have been zoned for different commercial uses. She stated the property owner has been trying to sell that property for residential use, but there is no buyer interested because of the traffic. She said one of the staff's concern was the need for professional office use in that area. She said she has had a number of clients looking for professional office space on the west side. She read the description of the B -1 zoning, commenting this rezone would do exactly what that classification describes. She stated this would provide a buffer from the large commercial property and the residential properties in that area. Addressing the curb cut issue, she stated they have indicated they would share their curb cut with the adjacent property. Roy Johnson, 5111 Summitview, commented about the growth in that area, particularly the increase in traffic. He stated he would be in favor of the professional office building on that site and he would live right next door to it. A B -1 zone is a buffer between the large businesses and the residential area. He stated if this rezone is approved, he would farm the back part of that property and request a change in zoning to Suburban Residential. He spoke about his orchard business, stating they recently increased the size of his warehouse due to business growth. He said his son is in the business with him and is the fourth 'generation in his family to farm that property. Council member Barnett asked if the Council would have to conduct its own hearing if Council denies the Hearing Examiner's recommendation. Don Skone, Planning Manager, stated if Council wants to approve the rezone, they would have to hold a hearing. Council member Sims again asked how long it would take staff to do an overall plan for that area. Mr. Skone stated, given staff's other priorities, and other issues in the area, it would probably be incorporated into a comprehensive plan for that area. Council member Barnett stated he thinks Council should act on this rezone request separate from the issue of whether a study of that neighborhood is needed. It was MOVED BY BARNETT, SECONDED BY SIMS, TO DENY THE HEARING EXAMINER'S RECOMMENDATION AND GRANT THE REZONE AND TO HOLD A PUBLIC HEARING ON SEPTEMBER 19TH: Prior to voting on the motion, Council members each indicated they had had no contact AAD /2 2 3 6 AUGUST 15, 1989 from the proponents or opponents of this rezone. Council member Carmichael indicated she was going to vote against the motion because she thinks the neighborhood land use issue needs to be clarified before any rezone is granted. Assistant Mayor Buchanan asked staff when they would start on this plan. Mr. Skone stated it might be staff's best approach to consider the neighborhoods separately, in which case he would say it could be done in 1990 and would probably take the majority of the year, and then staff would bring back a recommendation from the Regional Planning Commission. Council member Buchanan commented that a B -1 zone is not strictly for 9 -5 professional businesses. Mr. Skone confirmed that, stating he doesn't have his list of uses in front of him, but it includes drugstores and stationery office supply businesses. THE QUESTION WAS CALLED..FOR'A VOTE.ON THE' MOTION. Motion failed by 2 -2 voice vote. Buchanan and Carmichael voting nay. Beauchamp, - Berndt and Foy absent. Council member Barnett commented he believes there was adequate testimony that there is no demand for residential property there, and the B -1 provides a buffer to negate the noise for the residences. Assistant Mayor Buchanan commented he thinks we would be better off to expedite a study of the area. He stated he is uncomfortable with a B -1 zoning. It was MOVED BY CARMICHAEL, ' . SECONDED BY ' SIMS, 'TO DIRECT : STAFF '10 GIVE. IMMEDIATE PRIORITY TO THE* DESTINY OF THIS 'PROJECT AREA:AND "OOME BACK TO . .COUNCIL AT' 'THE 'SOONEST ..:POSSIBLE TIMEI'WITH: A 'RECOMMENDATION. Unanimously carried by voice vote. Beauchamp, Berndt and Foy . absent. As an aside from the rezone issue, Council member Barnett stated he noticed the Hearing Examiner, once again, addressed this issue to the County Commissioners, not City Council. 8. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS PROGRAM Glenn Rice, Director of the Department of Community and Economic Development, indicated he was available to respond to any questions. There being no citizen present to speak to this issue, and Resolution No. D -5624 having been read by title only, it was MOVED BY CARMICHAEL, SECONDED BY SIMS, :THAT THE .RESOLUTION BE ADOPTED. Unanimously. carried by roll call vote'. Beauchamp, Berndt and Foy absent. Council member Barnett referred to Agenda Item No. 11A, commenting there are a number of accounts that appear delinquent under the weed abatement program. He commented if the weed abatement program is not self - supportive, then maybe the charges should be increased. Mr. Rice stated that has been discussed by staff. He stated it costs more to clean up the lots than is collected. Council briefly • discussed the costs of the program versus the revenue collected, . which amounts to a subsidization of about 50 %. Council member Sims said if a report is going to be prepared, perhaps it should also . review the whole policy as to whether this program should be subsidized at all. Mr. Rice stated this is a program where the better results you have, the more costly it is per parcel which had to be cleaned, because there are fixed overhead costs distributed to fewer lots. RESOLUTION NO. D -5624, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 9. REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REGARDING PROPOSED YAKIMA HOUSING SERVICE CENTER HOMEOWNER'S PROGRAM (SEE DRAFT ORDINANCE) AND 203 K FEDERALLY INSURED MORTGAGE PROGRAM . Glenn Rice stated this item really addresses two separate programs and even though staff submitted a lot of material, it may not be enough. He stated Council may wish to review this further, however, there is a deadline on the 203K program, which is administered for the Federal Government; the other program does encumber the City's bonded indebtedness. Council member Barnett .stated'he would like to have the two programs separated for discussion purposes. It was MOVED BY'.CARMICHAEL, °SECONDED BY SIMS, . THAT WE HOLD THE HOME( NERS ' 'DEMONSTRATION . -' PROGRAM' ' OVER - FOR STUDY AAD /3 237 AUGUST 15, 1989 SESSION DISCUSSION. Council member Barnett stated one disturbing thing in this ordinance is a conflict between the ordinance and the exhibit on the description of income and dwelling units. Dixie Kracht, Housing Manager, stated in the 203K program, the Federal definition of residential is 1 -4 dwellings; five or more is called multiple dwellings., She stated the demonstration program is for single family residences. Council member Barnett requested this be further clarified before the study session. He asked if this is for first -time ownership and Ms. Kracht replied in the affirmative. THE QUESTION WAS CALLED FOR A VOTE ON THE MOTION. Unanimously carried by voice vote. Beauchamp, Berndt and Foy absent. Assistant Mayor Buchanan stated there are citizens in the audience who have indicated a desire to speak to this issue. Ines Rice, 4409 W. Arlington, spoke in opposition to this program, stating she would like someone to explain to her how you can borrow money for 9% and pay it back at only 6% and be clear in it. She commented she is not ready to have her property encumbered to get these loans for this type of program. She asked if the study session would be open to the public.. Assistant Mayor Buchanan stated that will be open to the public. Dixie Kracht reviewed the 203K Program, stating it is a Federal insured loan, however, it is not used much because of the paperwork involved. She stated Security Pacific Bank of Tacoma approached the City saying they have people trained to work this program. She said the reason they considered this program is because more money is needed for the housing rehabilitation program. Using the 203K program could double the amount of the City's rehab budget by letting Security Pacific write a loan and the City discounts it so its affordable. Instead of the City putting out the $25,000 for rehabilitation, the bank would put up $25,000 and the City, $5,000. FHA has waived a lot of fees and gave the City the responsibility and Security Pacific has offered to train our staff. She said staff will be impacted by this, but we can receive more, rehab money by using this program. Council member Barnett asked if this program can be processed by existing • staff. Ms. Kracht stated it can be done by existing staff at this time, with the training offered by Security Pacific. Ines Rice requested Ms. Kracht provide her with the by -laws of the Community Development Committee. This request initiated discussion about the meeting attendance of the Committee members. Council members indicated they should receive attendance records of all boards and commissions on an annual basis, and should be advised of any attendance problems. Ms. Kracht indicated she would prepare a report on the Committee members' attendance at meetings and on the time and dates of the meetings and make suggestions to make it better. It was MOVED BY SIMS, SECONDED BY BARNETT, 10 ACCEPT THE 203K FINANCING PROGRAM, .AS. RECOMMENDED BY STAFF. Unanimously carried by voice vote.: Beauchamp, Berndt and Foy absent. 10. REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REGARDING PROPOSED POLICY FOR RIGHT -OF -WAY VACATIONS Joan Davenport stated this is a proposed review of the current policy on the vacation of public right -of -way for the purpose of public roads or alleys. She said this report is split into three different areas. Currently the compensation for rights -of -way vacations is embodied in two resolutions requiring compensation be . paid to the City for all right -of -way vacations. That ccxnpensation shall be one -half the value of the right -of -way, and if it has a value of more than $4,000, a fair market appraisal is required. In 1976, the School District, Yakima County and other State agencies • were exempted from paying compensation to the City for right -of -way vacations. She reported that recently staff has a number of petitions to vacate right -of -way; six are in various stages of review. Staff decided maybe more flexibility is needed in this area. She said staff. gave Council three different example situations, which she reviewed from the staff report, as follows: A right -of -way or easement- the City acquired at no cost (or at a nominal fee) of which there exists no current or planned public use; a right -of -way where the City owns the underlying fee and some AAD /4 238 AUGUST 15, 1989 • public use is served by the right -of -way; and a right -of -way which the City purchased at full value for a specific public use. Policy options provided by staff is that for situations described in the first example, no compensation should be necessary; for right -of- ways described in example two, staff recommends retaining the existing policy relating to compensation to the City; and for situations described in example 3, staff recommends that the City amend the compensation policy to provide for such a case. Council member Carmichael asked why the School District and state agencies should be exempt from paying compensation. City Manager Zais stated it is reciprocal in nature, and more than likely, the money would come from the same tax base. He stated there is no basis for the 50% charge; that was a Council policy decision in 1976. Council member Barnett stated that should be reviewed; perhaps the 50% should be 100 %. Council members discussed this suggestion; Council member Carmichael stating Council could take action on this because it would have to come back for adoption of the proper legislation.. It was. MOVED. BY CARMICHAEL, .SECONDED:._BYBARNE'TT, THAT WE : ADOPT STAFF'S: RECD IMENDATION. AND DIRECT. THE LEX AL DEPARTMENT TO PREPARE A• uNIFIED.RESOLUTION °:RELATING. TO::VACATION::OF' RIGHTS -OF -WAYS _AND. _REPEALING:. THE :: EXISTING ": RESOLUTIONS. :JUrnanimously :carried by voice vote. Beauchamp, Berndt and Foy. 'absent.. Council member Barnett stated he would like staff to come back in the future with a report on the 50% vs 100% compensation, unrelated to this issue. Assistant Mayor Buchanan stated there have been instances where the City has been asked to vacate property for the construction of commercial buildings, increasing that value, and we should be looking at 100% compensation. Ms. Davenport requested clarification on the motion to inquire if it included administrative policies outlined in the report, including delegating the hearing to the Hearing Examiner. It was the consensus of the Council that the motion included the administrative policy changes. *11. REPORTS FROM DEPARTMENT OF FINANCE AND BUDGET: A. SECOND QUARTER 1989 CENTRAL BILLING STATUS (ACCEPT REPORT) The second quarter 1989 Central Billing Status report from the Department of Finance and Budget, was accepted. B. JULY 1989 TREASURY REPORT (STANDARD MOTION VA - ACCEPT REPORT) The report from the Director of Finance and Budget dated August 14, 1989 regarding the investments of the City of Yakima for the month of July, 1989, was accepted and approved. C. JULY 1989 BUDGET REPORT (ACCEPT REPORT) The July 1989 Budget report was accepted. *12. SET DATE FOR AUGUST 22, 1989 FOR APPEAL ON HEARING EXAMINER'S RECOMMENDATION REGARDING ADMINISTRATIVE ADJUSTMENT FOR SIGN FOR TIGER BIN MINI -MART AT 1802 NORTH FIRST STREET August 22, 1989 was set as the date of hearing on an appeal from the Hearing Examiner's recommendation regarding administrative adjustment for a sign for Tiger Bin Mini -Mart at 1802 North First • Street. *13. CONSIDERATION OF LEGISLATION RELATING TO FIRE DEPARTMENT PERSONNEL: A. RESOLUTION AUTHORIZING EXECUTION OF SErfLEMENT AGREEMENT RESOLUTION NO. 121-5625, A.RESOLUTION authorizing and directing the City Manager, Fire Department Chief, and Anthony F. Menke, the City's representative, to execute a Settlement Agreement Regarding Pending Unit Clarification Proceedings resolving all issues before the Public Employment Relations Commission regarding Case numbers 7495 -C -88 -401, 7856 -C-89 -417, and 7857 -C -89 -418 with Local 469, International Association of Firefighters, AFL -CIO, (Leoff and PERS). AAD /5 AUGUST 15, 1989 239 • B. ORDINANCE AMENDING THE MUNICIPAL CODE TO INCLUDE BATTALION CHIEFS IN THE MANAGEMENT GROUP ORDINANCE NO. 3191, AN ORDINANCE relating to City government administration; specifying the management group of the City; and amending Subsection 1.18.005 A of the City of Yakima Municipal , Code. C. ORDINANCE AMENDING MUNICIPAL CODE GENERAL ADMINISTRATION SECTION FOR FIRE DEPARTMENT PERSONNEL ORDINANCE NO. 3192, AN ORDINANCE relating to City government administration; defining the administrative organization'and duties of the Fire Department; and amending Section 1.18.040 of the City of Yakima Municipal Code. D. ORDINANCE AMENDING PAY AND COMPENSATION PLAN PROVIDING FOR THE INCLUSION OF FIRE BATTALION CHIEFS ORDINANCE NO. 3193, AN ORDINANCE relating to City personnel adopting a classification and compensation plan for City employees to be effective September 17, 1989; amending Subsections 2.20.100 A, 2.20.110 E and 2.20.110 H, all of the City of Yakima Municipal Code. *14. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR WATER TREATMENT PLANT LEVEE MAINTENANCE • An Ordinance appropriating funds for Water Treatment Plant levee maintenance, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3194, AN ORDINANCE amending the 1989 budget for the City of Yakima; and making an appropriation of $10,000 in the 474 - Water Operating Fund for expenditure during 1989 for river levee repairs at the Water Treatment Plant. *15. FIRST READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS INTO THE WORKERS' COMPENSATION FUND (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance appropriating funds into the Workers' Compensation Fund, having been read by title only, was laid on the table for one week, until August 22, 1989. * 16. FIRST READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR CONSTRUCTION OF BUS TURN -OUT AT DAVIS HIGH SCHOOL (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance appropriating funds for construction of a bus turn-out at Davis High School, having been read'by title only; was laid on the table for one week, until August 22, 1989. 17. OTHER BUSINESS A. 10TH AVENUE AND SUMMITVIEW SIGNAL (Continued from Item No. 6) Jerry Copeland, Public Works Director, stated at the June 27th Council meeting staff recommended the option of relocating the signal at 4th Street and Walnut to 10th Avenue and Summitview, if it is compatible. He stated that further research shows a lot of the material is obsolete and can't be adapted, which leaves two alternatives. Option A is to relocate the signals from 4th and Walnut, using what material is compatible, but increasing the cost from the earlier figure of $25,000 to $60- 70,000; or Option B, install a new signal at $90- 100,000. He stated staff's recommendation is Option A. He said the installation would probably not be able to be done until Spring of 1990. Council member Carmichael stated she was recuperating from surgery when this issue was originally discussed, and she had a few questions about this issue, which she would have let pass at a $25,000 cost, AAD /6 2 4 o AUGUST 15, 1989 but now this is at $70,000. She said she would feel uncanfortable voting on this additional sum because she has questions about the original decision. She said she would like to know about the warrants; how much right-of-way would be needed, how this would impact the Pierce Street couplet; and do we- want to' encourage traffic crossing at this intersection. Mr. Copeland stated staff studied that intersection to see if a traffic signal was warranted, and it was. Mike Donahue, Traffic Engineer, stated staff looked at the traffic at 10th and Summitview and reviewed the accident history of the intersection, which was 5 or more per year. Council member Carmichael asked to see a copy of the warrants. It was . MOVED BY SIMS, - SECONDED BY' BARNEIT, 'THAT..WE. READY THIS ITEM FOR NEXT WEEK. Assistant .Mayor Buchanan .reminded staff he ' had previously requested a report on the adequacy of access of this intersection for fire trucks. Shahid Ohad, 1313 Browne, #208, addressed the Council, stating the citizens have waited a long time for this signal. He vehemently expressed his disappointment in facing another delay, stating, apparently, this town does not care about pedestrians. Tan Thomas, 1313 Browne, #234, also expressed his dismay at this delay, stating there is an urgency in this as Summitview is one of the fastest moving thoroughfares in this area and most of the speeders average 45 -50 Mph and people can't cross at that intersection. .THE QUESTION WAS CALLED" FOR A VOTE ON THE MOTION. Unanimously carried by voice vote. Council _member Carmichael requested an updated City district /boundary map. She also requested a current listing of Council Committee assignments. Council member Sims requested the City Clerk to schedule appointments for the Council Committee to interview the candidates for the City Employee Civil Service Commission. Information Items: Items of information supplied to Council were: Letter from Yakima Valley Visitors & Convention' Bureau regarding Convention Center Expansion Study. 8/9/89; Letter from Central Washington Comprehensive Mental Health expressing appreciation for free trolley ride to group of elderly clients and urging Council support of Yakima Interurban Trolley Lines Association. 8/4/89; Minutes of the July 26, 1989 Yakima Youth Commission meeting; Assignments Pending for Office of Environmental Planning as of August 15, 1989; and Agenda for August 14, 1989 Parks and Recreation Commission meeting. 18. ADJOURNMENT There being no further business to come before the Council, it was MOVED BY CARMICHAEL,.SECONDED BY SIMS,. THAT"THIS'MEETING.ADJOURN AT THE HOUR Cf.. 4:30 P.M. Unanimously .carried by voice vote.. Beauchamp, Berndt and Foy absent. READ AND CERTIFIED ACCURATE BY NCIL MEMBER TE • //kilo OUNCIL M R DATE ATTEST: zzet \4 CITY CLERK MAYOR AAD /7