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HomeMy WebLinkAbout10/24/1989 Business Meeting • OCTOBER 24, 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. Mayor Pat Berndt, presiding, Council members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, 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. 2. INVOCATION The Invocation was given by Public Works Director Copeland in memory of Street and Refuse Superintendent Del Kary. . 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt reported that she and City Manager Zais met with William Bennett, Federal Drug Director from Washington D.C. She said Mr. Bennett did not make any promises but he said he would be looking out for the City of Yakima and the unique problem it , has as an illegal drug distribution center. Mr. Zais added that he was particularly impressed with Mr. Bennett's willingness to come to Yakima to hear such a strong message from law enforcement, law and justice personnel, local and state officials, school district personnel, etc. regarding Yakima's drug problem and the efforts being made to try to bring the situation under control. Mr. Zais stated that level of recognition in Washington D.C. is important to Yakima. Mayor Pro -Tem Buchanan reported that he attended a recent boxing match at Perry Trade and accepted a plaque for Mayor Berndt and the City of Yakima from the Fight For Life Club. 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. It was the consensus of the Council that Items Nos. 8, 9 and 10 be added to the Consent . Agenda, and Items Nos. 11 and 17 be removed. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY.BUCHANAN,, THAT THE CONSENT AGENDA,:. AS READ, BE PASSED. 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.) *5. APPROVAL OF MINUTES OF THE COUNCIL MEETING OF OCTOBER 3, 1989 The Council minutes of October 3, 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 Certificates of appreciation were presented to representatives from various lending institutions throughout the community who have • been involved in the Homeownership Program. Those receiving certificates were: David Arkills of First Federal Savings Bank; Dick Allen of Pioneer National Bank; Dick Maison of Yakima Valley Bank; Manny Martinez of First Interstate Bank; Bill Galbraith of Washington Mutual, Mark Sullivan of Benjamin Franklin Federal Savings; Larry Marvin of Yakima Federal; Jackie Wishert of Security Pacific; Danielle Mullen of U.S. Bank, Ann Wentz of Yakima Federal; Dan Koszczewski of Seattle First National Bank, Paul Regimbal of Catholic Credit Union. Mayor Berndt expressed appreciation on AAD /1 S oo OCTOBER 24, 1989 behalf of the City for the support these individuals and lending institutions have given to the City's Homeownership Program. Philip Small, 1006 South 26th Avenue, thanked the Council for the 4 -Way stop sign at 24th Avenue & Bonnie. Doone, stating it has tremendously reduced the speed of the traffic in the neighborhood. Mr. Small presented three letters regarding possible violations related to the development at 24th Avenue and Nob Hill Boulevard, specifically the parking. Mayor Berndt stated this will be directed to staff for review. 7. PUBLIC MEETING ON REZONE OF PROPERTY AT 50TH AND SUMMITVIEW AVENUES, AS REQUESTED BY R. J. HOMER Joan Davenport, Associate Planner, stated this rezone request was filed by Richard Homer. The Hearing Examiner conducted a public meeting regarding the request to rezone five lots located on the northeast corner of 54th Avenue & Summitview from - R -1 to B -1 to allow for construction of a professional office building. Mrs. Davenport briefly summarized the reasons for denial of the request citing that land use compatibility, concern for the residential neighborhood and failure to establish the public need for additional professional office buildings in the neighborhood. On September 20, 1989 the Hearing Examiner rendered his decision for denial of the request. Mayor Berndt opened the public meeting asking those present to speak in favor of the rezone do so at this time. Dick Homer, 180 McDowell, Selah, stated three of the corners at 54th and Summitview currently are zoned commercial, the Conover Building is being constructed across the street to the west, as well as a bank and an office building. Mr. Homer stated the property is divided into five lots, therefore a developer could build five structures on that property and Council would have very little control over the situation. With regard to his proposal, Mr. Homer. said he is willing to give up three curb cuts whereas another developer may decide to utilize all five and this would result in some major traffic problems. He asked what will become of the property if it is not rezoned so that it can be utilized? He stated the property is undesirable for a single family home because no one is ever going to build a home on Summitview that would be compatible with the current zoning. He stated there'are much worse structures that could be built at this location other than a professional office building. Mr. Homer indicated he has already been approached by prospective tenants. He suggested that the residents living on North 50th Avenue cooperate with the City Council regarding the installation of a traffic signal for the safety of the children in the area rather than fighting this type of rezone. Mr. Homer cautioned that the City Council needs to be careful about the negative messages they are sending out to developers. Council member Beauchamp asked if Mr. Homer actually intends to build an office building and Mr. Homer replied that is correct. He said he is not sure if he has time now to construct the office building before the prospective tenants' current lease expires. Donald Martin, owner Kreiger & Associates Real Estate, indicated he is the listing agent in the transaction with Mr. Homer. He stated the Council should take into consideration that the seller has tried to market this property for the past four years and has been unsuccessful in selling it as residential property. He indicated that the property consists of two run -down houses and three vacant lots on an open corner. He stated the property owner is a disabled, elderly woman who is unable to take care of the property and would like to sell it. Mr. Martin stated it is not likely that anyone will want to purchase the property for the purpose of •building residential dwellings because it is surrounded by commercial buildings. He stated Mr. Homer is proposing to build an attractive office building at that location and the property owner should be given the opportunity to sell. AAD /2 3l OCTOBER 24; 1989 There being no one else to speak in favor of the rezone, Mayor Berndt asked those wishing to speak against the request to do so at this time. Cindy Peterson, 306 North 50th Avneue, spoke as a representative of the neighborhood, stating she is aware that at least one person attempted to purchase a portion of the,property in question. The individual was told` that the" asking price of the property was in excess of $89,000. Mrs. Peterson stated if the owner would lower the asking price, the property might have a better chance of selling. She stated that is it ridiculous to say that no one will' want to build a home on property that abuts Summitview. She added that that is the impression she had when Tancara was being built, . however, the homes in that subdivision sold and it has the same situation with the homes abutting onto Tieton Drive. Ted Nyberg, 4910 Prestige Court, commented that he does not want the Council to get the impression that the neighborhood is discriminating against Mr. Homer's proposal. He said the neighborhood .will oppose any rezone request for commercial • development at that particular location because they believe is it not compatible with the residential area of Prestige Manor. He pointed out that Mr. Homer's proposal would eliminate three curb cuts on Summitview but the traffic will be routed onto North 50th Avenue and through the residential neighborhood and he is opposed to this. Council member Beauchamp stated with the commercial development already in that area, he feels it is unlikely that some type of business will not be permitted there in the future. He suggested the residents put sane effort into determining what type of business they feel might be compatible with the residential neighborhood. He asked Mr. Nyberg if he attended the public meetings to offer testimony in opposition to the other businesses that are being constructed in that immediate area and Mr. Nyberg indicated he was out of town at that time. Council member Buchanan pointed out that once the property is rezoned anything in a B -1 Class can be built at that location. Mrs. Peterson, 306 North 50th Avenue, commented that the neighbors in Prestige Manor were not notified of the public meetings, therefore, none of them were present to offer any input about the businesses that are currently being constructed. Betty Warren, 302 North 50th Avenue, also spoke in opposition to the rezone. She stated that Council member Buchanan is correct in the statement he made about once the property has been rezoned anything can be constructed there that meets those particular zoning requirements. She stated that is exactly what has happened with the Conover Building and the bank. She said the original proposal was for a pharmacy and a retirement facility. Mrs. Warren stated she was informed that when Prestige Manor was developed the Uthmanns chose not to be a part of the development, opting to wait a few years and then sell their property at a higher commercial rate. She reiterated the ,concern about the impact on the traffic in the neighborhood if the property is rezoned to allow commercial development. There being no one else to speak to the issue, Mayor Berndt closed the public meeting. She asked that Council members declare' any contact they might have had regarding this rezone request prior to this meeting. Council members reported none. Mayor Berndt having asked for Council direction on this matter, it was MOVED BY CARMICHAEL, SECONDED • BY •SIMS, TO CONCUR WITH THE STAFF RECOMMENDATION AND DENY THE REZONE REQUEST. Under discussion Council member Beauchamp asked if it is staff's belief that the only compatible land use for this area is residential? Associate Planner Davenport indicated staff believes the current vacant property on Summitview has merit as residential use. She said staff feels it is best to take a conservative approach to land use along Summitview and proceed with the review of the Urban Area • AAD /3 • OCTOBER 24, 1989 Plan and the Land Use Plan. Council member Foy stated he believes the property has potential for commercial development as well because of the businesses already in that area. Council member Barnett stated development in that area can't be delayed until the review is completed. He stated he feels Mr. Homer has a right to request a rezone for the property, but he will be voting against the request due to the findings of the Hearing Examiner. The question was called for a vote on the motion. The motion carried by unanimous voice vote. 8. CONSIDERATION OF 1990 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET PROGRAM AND REQUEST FROM COMMUNITY DEVELOPMENT ADVISORY COMMITTEE (SEE RESOLUTION) Barbara Harris, P.O. Box 812, Yakima, suggested using Community Development Block Grant Funds to purchase the buildings and pay .the tenants to rehabilitate the building, thereby increasing the City's housing stock. She stated a lot of CDBG funds are allocated to private landlords to improve their rental units when they aren't really worth the effort. Mrs. Harris stated many cities around the country are renovating old hotels and providing single occupancy for the homeless. She asked why the City can't initiate a program like this instead of giving the money to private investors to improve their properties. She stated she noticed that none of the CDBG funds have been allocated for the rehabilitation of the irrigation lines on the east side of the City. Mrs. Harris stated she attended the last meeting conducted by the Housing Manager and there were only two citizens present at that meeting and only four members of the Community Development Advisory Committee present. Council member Carmichael commented that she is not in favor of taking privately owned property off the tax rolls. Mrs. Harris stated she would rather see the tenants become owners of the buildings rather than give the money to the landlords. • Council member Foy stated the rehabilitation program keeps the property in the rental market and he does not have a problem with what is being proposed. George Pechtel, 1112 Swan Avenue, Vice Chairman of the Community Development Advisory Committee, reported that on September 12, 1989 - a public meeting was held regarding the CDBG budget. He stated staff has done a tremendous job in stretching the $640,000 to fund basic programs. He indicated that no new programs are being implemented. Mr. Pechtel encouraged Council to approve the application as submitted. Council member Beauchamp asked what kind of a program does the Committee have in place to make sure minorities receive a share of the funding? Housing Manager Kracht stated the program is set up primarily on a first - come - first -serve basis. She stated about 40% of the contractors and contracts are awarded to minorities. Mrs. Kracht stated about 60% of the applications for the Homeownership Program reflect Hispanic . surnames. She indicated they have about 38 -40% of minority participation. Council member Beauchamp asked for a report which shows the minority breakdown of those participating in the programs and Mrs. Kracht said she will forward that information to him. This concluded the discussion of the Community Development Block Grant Budget and Program. Resolution No. D-5649 having been read by title, it was MOVED BY CARMICHAEL, SECONDED BY BUCHANAN, THAT THE RESOLUTION BE ADOPTED. The motion carried by unanimous roll • call vote. RESOLUTION NO. D -5649, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an application with the United States Department of Housing and Urban Development for funding for the 1990 Community Development Block Grant program. *9. REPORT FROM'YAKIMA AIR TERMINAL REGARDING AIR.PORT'LEASES /FINANCES The report from the Airport Manager dated October. 24, 1989, regarding the status of all major leases and finances at the Yakima Air Terminal was placed on the Consent Agenda and accepted as submitted. AAD /4 303 OCTOBER 24, 1989 *10. REPORT FROM TRANSIT DIVISION REGARDING SPECIAL HOLIDAY SERVICE (AVAILABLE TUESDAY MORNING) The report from the Public Works Director and the Transit Manager dated October 24, 1989 regarding the Extended Holiday Transit ;Service was placed on the Consent Agenda and accepted as submitted. • 11. CONSIDERATION OF RESOLUTION AUTHORIZING PUBLICATION OF FACT SHEET ON EMS LEVY FOR PUBLIC INFORMATION PURPOSES Council member Barnett pointed out that the fact sheet refers to a projected revenue of 1.2 million dollars and is somewhat higher than the figure of $1,073,494.68 which was quoted in a report by John Stouffer in June of 1989. Mr. Barnett stated if the 1.2 million dollar figure is correct and Mr. Stouffer still needs 9% to operate his department, this means an increase of almost 12% over and above the amount he objected to during the public hearings. Chief Beeson indicated the 9% figure was an estimate by . Mr. Stouffer at that time, but he believes Mr. Stouffer is now projecting 8% for the first year of the levy, and after that, everything must be approved by the Commissioners. Council member Barnett stated he would like to be assured that this proposal will not produce the negative ramifications that occurred when this was proposed with the change in the form of government. City Manager Zais stated the original submittal prepared by Chief Beeson was reviewed and edited by City Attorney Vanek who thought this issue should be presented in the form of a resolution to be acted upon by the City Council. City Attorney Vanek stated there is no mechanism in' place in the City of Yakima for dissemination of the fact sheet and this appears to be a state requirement. Mr. Vanek stated he has prepared a resolution for Council to act upon if they desire. He stated staff attempted to remove any wording from the fact sheet that might sound as though we are trying to sway people one way or another. Council member Foy objected to the cost of preparing the fact sheet in this manner because. the same information has already been provided.in the County's Voter Pamphlet. He stated he will not support this as it .is a duplication of effort. Discussion ensued about the manner in which the ' fact sheet . is proposed to be mailed and Chief Beeson_stated is anticipated that about 7,000- 8;000-citizens.will receive the fact.sheet along with their.utility billings prior to election day. The resolution was.read by .title and Council member Barnett asked that the following changes be made in the text of the resolution: the first paragraph, line five, delete the word "minor" and the last sentence of the first paragraph the word "only" be• deleted. He asked.that. under FACT: in the first paragraph should also refer to the Yakima Fire Department .:and Fire Districts so people will not think the Fire Districts have • been deleted. In the very last sentence, : heLasked that the. words "funding" be deleted and the words "could help fund a portion of a future advanced communication system such as 9-1 -1" be inserted. It was MOVED BY FOY, SECONDED BY BUCHANAN,, TO DENY THE: RESOLUTION AS READ. The motion carried by. unanimous roll call vote. *12. CONSIDERATION OF RESOLUTION AUTHORIZING AMENDMENTS TO YAKIMA CENTER RULES AND REGULATIONS LICENSE AGREEMENTS RESOLUTION NO. D- 5651., A. RESOLUTION authorizing the adoption of Yakima Center Rental Rules, Regulations, and Rates for 1990. *13. REPORT ON STATUS OF STREET BOND ISSUE /FINANCING The report on the status of the 1986 Street Bond Issue /Financing, was accepted. 14. APPROVAL OF OUT-OF -STATE TRAVEL FOR DIXIE KRACHT AND JOAN DAVENPORT, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, TO BEND, OREGON . . Barbara Harris, P.O. Box 812, Yakima, commented that she thinks the Bend Housing Housing Authority and the, Board... of . Commissioners should pay staff's travel expenses since they have requested staff present a program in Bend, Oregon. Director of Community & AAD /5 ®y OCTOBER 24, 1989 Economic Development Rice stated he feels the request by the Housing Staff and Commissioners of Bend, Oregon, speaks well of City of Yakima staff in that they are being asked to provide technical assistance to another entity. Mr. Rice stated he does not feel the travel expenses are out of line and he believes it is money well spent. It was MOVED BY_.BUCHANAN,,. SECONDED BY FOY, TO APPROVE. THE "REQUEST FOR TRAVEL. The motion carried by unanimous voice vote. *15. SET DATE OF PUBLIC MEETING FOR SUNNYSLOPE ADDITION FINAL PLAT FOR NOVEMBER 14, 1989 November 14, 1989 was set as the date of public meeting on the Sunnyslope Addition Final Plat. 16. CONSIDERATION OF AN ORDINANCE ESTABLISHING RESIDENTIAL PARKING PERMITS IN THE CENTRAL BUSINESS DISTRICT Customer Services Manager Tabayoyon stated as a result of a citizen request for parking permits for residents who live in the Central Business District staff has prepared legislation establishing residential parking permits. Council member Carmichael asked if the $12.00 permit fee will cover the City's cost and also asked how will the permits be enforced? Mr. Tabayoyon responded that the $12.00 permit will cover the cost involved and the City Parking Enforcement Officers will be responsible for enforcement of the ordinance. Council member Barnett stated he does not think a citizen should have to pay money for the privilege of parking on a city street in front of his own home. He referred to subsection (4) stating a person should be able to come in for a renewal if.he gets a new car. Council member Foy stated he will support the request, however, he feels paragraph 2 on page one, paragraph 4 on page two, and paragraph 6 on page three are unnecessary. He stated the person should be issued a permit for one_ .space if there, is a space available. Following further discussionand Ordinance No. 3215, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY. BEAUCHAMP, THAT THE .RESOLUTION BE ADOPTED. It was MOVED BY BARNET, SECONDED BY.FOY, TO AMEND THE RESOLUTION ON PAGE 2 PARAGRAPH .C,.THE.FIRST SENTENCE. AFTER PARKING PERMIT TO THE APPLICANT, DELETE "UPON`PAYMENT OF TWELVE DOLLAR NON- REFUNDABLE FEE TO COVER THE COST OF ADMINISTRATION." . Under discussion, Council member Buchanan stated we are going out of our way to add an additional program, therefore, we should receive some kind of remuneration for this. He said he will vote against the motion. The question was called for the vote on the amendment. The amendment failed by 4 -3 roll call vote. Berndt, Buchanan, Carmichael and Sims voting nay. The question was called for a vote on the .motion. The motion carried by 5-2. roll call vote. Carmichael and Sims voting nay. Council member Barnett asked that the record show that he feels the citizens should not have to`pay the $12.00 to park on the street in front of their residence. ORDINANCE N0. 3215, AN ORDINANCE relating to traffic; establishing a system of residential parking permits in the Central Business District; and enacting Section 9.50.200 as a new section of the City of Yakima Municipal Code. *17. CONSIDERATION OF AN ORDINANCE FIXING AND LEVYING THE AD VALOREM TAX FOR 1990 Council member Barnett stated he took this item off of the Consent Agenda to praise staff. He stated the table on the allocation of funds is very meaningful as it shows that the majority of the funding goes to the schools and that the City actually receives a small portion of the total bill. Ordinance No. 3216 having been read by title, it was MOVED BY BUCHANAN, SECONDED. BY CARMICHAEL, THAT THE ORDINANCE BE PASSED. The motion carried by unanimous roll call vote. ORDINANCE NO. 3216, AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 1990 Budget for the City of Yakima. AAD /6 OCTOBER 24,:1989 OS *18. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FUNDS FOR COMPUTER HARDWARE:) i �, ._.. • T + • .._ . _ , .. An Ordinance appropriating funds for computerlhardware, having been • read by title only at the previous meeting, was brought before the Council for a second meeting. ORDINANCE NO. 3217, AN ORDINANCE amending the 1989 budget for the City of Yakima; and making an appropriation of $200,830 in the Fund for expenditure during 1989 for computer hardware and software. *19. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND APPROPRIATING FRS FUNDS FOR AIRPORT PROPERTY APPRAISAL An Ordinance. appropriating funds for Airport property appraisals, having been read by title at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3218, AN ORDINANCE amending the 1989 budget for the City of Yakima; and making an appropriation of $9,000 in the Federal Revenue Sharing Fund for expenditure during 1989 for property appraisal costs at the Yakima Air Terminal. *20. SECOND READING OF AN ORDINANCE AMENDING THE 1989 PARKS CAPITAL FUND AND APPROPRIATING FUNDS FOR ADDITIONAL BOND PROJECTS FUNDED BY INTEREST DOLLARS An Ordinance appropriating funds for additional Bond projects funded by interest dollars, having been read by title only at the • previous meeting, was brought' before the Council for a second reading. • ORDINANCE, NO. 3219, AN ORDINANCE amending the 1989 budget for the City of Yakima;'and• making an appropriation of $188,503 in the Parks Capital Fund for expenditure' during 1989 for additional Bond Project requirements. 21. OTHER BUSINESS. Mayor Berndt announced that there will not be a Council meeting next Tuesday as it is the fifth Tuesday of the month. She also announced that she, Assistant City Manager Stouder and Associate Planner Davenport will be traveling to Tacoma at the State's expense to participate in the Governor's Housing Forum on November 7th. She added that Mr. Rice will also be attending but will not be participating in the forum. Council member Foy noted that on November 7th Council will start Budget Review sessions and asked when the Preliminary Budget will be ready. Secondly, he asked that the surcharge issue be included in the Preliminary Budget Review process so it can be acted upon prior to the end of the year. City Manager Zais stated the Preliminary Budget is still being assimilated and will be distributed November 3rd. Regarding the surcharge issue, he stated staff is waiting for the consultant's study to be presented for review with the County Commissioners prior to discussion at the Budget Wrap -up session. He stated the revenues have not been programmed into the budget because we do not know what that ultimate revenue impact may be. Council member Barnett asked if the meeting scheduled for the meeting of November 21st can be rescheduled as he will not be in attendance. City Manager Zais stated no changes have been made at this time but if less than five Council members will be in attendance staff will consider rescheduling the meeting. Council members Barnett, Carmichael and Sims indicated they will not be in attendance at the November 21st meeting and Mayor Berndt asked staff to consider rescheduling that meeting. AAD /7 -;6 OCTOBER 24, 1989 Executive Session It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION AND PROSPECTIVE LITIGATION.. The motion carried by unanimous voice vote. Information Items: Items of information supplied to Council were: Letter from West Valley School District No. 208 regarding Application for Extension of City Sewer to West Valley High School. 10/17/89; Memo from III Director of Public Works and Parks Manager regarding 1989 Summer Youth Program for Disabled Children - Final Report. 10/9/89; Memo from Director of Public Works and Parks and Recreation Manager regarding 1989 Summer Playground Final Report. 1/4/89; Letter from Jo Shafer, Franklin Middle School PTSA, regarding Transit stops on Tieton Drive. 10/17/89; Memo from City Engineer regarding Request for Sidewalk at 32nd Avenue at Nob Hill School. 10/9/89; Memo from Director of Public Works:aand.Transit ,Division regarding Monthly Transit Operations Report for September 1989; and Hiring/Vacancies Status Reports from Personnel Office as of October 13, 1989 22. ADJOURNMENT Following the conclusion of the Executive Session, the meeting was adjourned at the hour of 3:55 P.M. / li' t READ AND CERTIFIED ACCURATE BY / 1 , 1 A / ∎Ik , A , 4J l A A Ae (-27-r9 ♦IUNCIL . i :E• DATE ,,( • ATTEST: i.!� //1 i',4-2/7--.2r7 COUiCIL MEMBEv ' DATE III /<a_ii..- xi 12,9-4-e-}74),c_Joric_ git 44_4,06r CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Barbara J. Toney, CMC. III AAD /8