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HomeMy WebLinkAbout03/15/1988 Business Meeting 263 MARCH 15, 1988 ,. , _BUSINESS MEETING . . _ 1. ROLL, CALL - .1 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 r Jerry Foy and, <Bernard Sims. present r on. roll call. City Manager. Zais, "City Attorney Vanek, City, Clerk Roberts Department - Assistant: Barber • also present. 2. PLEDGE OF. ALLEGIANCE The.,Pledge of,Allegiance was led by Council member Buchanan. 3. OPEN DISCUSSION FOR THE GOOD. OF, THE ORDER -,, - „ Representative Jim Lewis read and- presented Council- with a State of , Washington., House . Floor Resolution ,No.. .88- 4718 honoring five Washington groups which will perform at ,the 1988 World Exposition in ; Brisbane., ,.Australia,,. and,. in particular, • -The Bel .Canto Choral Society, of ,.Yakima. , - , • - , Barb Thompson, Sunfair Association, _presented a logging truck and Mardi ,.Gras pins from_ Prince .George, Canada. She indicated the Sunf air , Association .would like , to promote, ..turning the, Yakima Sunfair Festival „into. a,Mardi Gras.. . , ., , Jim _Whiteside, Greenway" Association requested Council contribute the funds, in, ..the City's Bicycle, Path. Fund_ ( approximately - $40,000) towards a .pathway in the Greenway,.,Council member Foy requested Mr. Whiteside leave staff a copy.. of the Yakima;: County Engineer's estimate and..asked that staff prepare. the appropriate., legislation to grant this, request. It was the . general consensus of the Council to concur ..,with Council member Foy' request. ; . - . . 4. CONSENT AGENDA Mayor .Berndt referred to the, items placed on the Consent Agenda, questioning whether there mere any additions, or; ,deletions from either Council. members or ci t•izens present..,It was the consensus ;., of the „Council, that Item ,No. 13 be removed, • ;as requested, by .Council _ member . Beauchamp..,, The. City ..Clerk -,. -then ,read the . Consent. Agenda items including resolutions and ordinances : by title .•'It was MOVED by Carmichael, seconded by Foy, that the Consent- -Agenda, as read, be passed. Unanimously -.- carried , by roll ,call- ,vote. - (Subsequent paragraphs, ,_preceded. by an. asterisk: ( *) . - : indicate ; items on the Consent_ - ..Agenda... handled.... under.. one motion., .without - -further discussion.) - , , .. , r- 5. . AUDIENCE_PARTICIPATION_.,. „, : Representative .Shirley,_ Doty reported the State .made, .a,..one-time funding - .commitment. to _.the Center.. for. the Deaf.., ,She -.also .reported the Publication, Bill .passed. . . .1 -- - - ,_ .. . 6 .. - ,. PUBLIC” MEETING, ON REZONE .OF .PROPERTY AT 1107 SOUTH - .24TH AVENUE, , . FROM R-2 AND M -1 TO B-2, ,AS REQUESTED BY M.& E COMPANY , •. This, being the - time set, for a public meeting on the request by M.& .E .Company to rezone property at 1107 South, 24th Avenue, Mayor .Berndt ..inquired., if any. Council ,member had ;been contacted. by any proponent or opponent. of this rezone. - .request. Council - members Barnett, Carmichael,-and •Foy, commented, that they •heard . from one or two citizens that this,project might come before them. Other than that;.. comment,, - Council . members reported , there -,had been no other contacts made. ,,. , , , t - • . . , • ,, "•-7 , . . AAD /1: 1 264 MARCH 15, 1988 John Haddix, Associate Planner for the City stated the purpose for this public meeting is to discuss the M &E Company rezone. Mr. Haddix stated the purpose of this rezone is to construct a grocery store, drugstore, and a restaurant. Mr. Haddix reported a handout, "Hearing Examiner's Supplemental Recommendation" on the M & E Company's rezone application, dated March 14, 1988 had been provided earlier to Council. Mr. Rice stated it . reflects two minor changes which deal with the site • screening and sign standard.' He stated the .applicant requests a Class .(3) review, adjustment of the lot coverage not to exceed 87 percent,' and adju of the design standard (more sign area). He stated, further', the applicant `submitted • an expended environmental.checklist which included soils, traffic circulation, and market potential. Mr. Haddix stated this proposal conforms with the Urban Area Comprehensive Plan and'the Urban Area Zoning Ordinance. He also stated the Hearing Examiner and staff recommend approval of the request. At this time Mayor Berndt opened the public meeting for testimony on this rezone. Rosemary Small, 1006 South 25th Avenue, stated she is opposed to the rezone, as she is concerned about the business access on local streets. She stated She is opposed to anything maximum and feels the lot coverage should be X 80 percent. She' also expressed concern regarding the lighting system which would have an impact ori'the residential area. Mrs. Small stated the school aged'children cross Nob Hill at South 22nd Avenue, going to school, which is the route the children are instructed by the school to take. Also there is a pit bull dog 'which lives on South 24th Avenue and they have told their children not to go by that residence. stated she has contacted Ron Edwards, Principle of McClure School, who .told ' her he had not been contacted about this rezone. Council member Beauchamp asked Mrs. mall if she is only opposed to the access onto South 22nd Avenue and not the development and she responded "Yes ". Gerald Henderson, 309 North 35th Avenue, stated he served on the school ' safety committee in the early 1970's. He asked if he might clarify that the children were 'requested to cross at South 22nd Avenue because there• was no sidewalk on South 24th Avenue and the railroad tracks were located on South 24th'Avenue. He 'stated South 22nd Avenue was designated as the official route to school because it had sidewalks to and from school and a crosswalk at Nob Hill Blvd. Bill Huibregtse, 501 North 2nd Street, .stated he would like to direct attention t� the Environmental Checklist ,analysis which projected less than 100 trips per day on South 22nd Avenue. He stated one suggestion' from the Yakima Police Department was to remove the parallel parking on South 22nd Avenue and the impact would be minimal. Council member Beauchamp expressed concern regarding the traffic and young people, asking if the South 22nd Avenue exit could be moved to South 24th Avenue. Mr. Huibregtse explained the traffic for loading and unloading would be on South 22nd Avenue. Council member Foy stated staff needs to look at the safety aspect. Council member Carmichael askedstaff'to present a site plan. Mr. Haddix circulated the site plan amongst the Council for their review. Mike Mercy, 230 South 2nd Street, stated deliveries are usually in the morning when most children are In school. Council member Barnett stated an earlier Hearing Examiner's report indicates there was :no impact from the school district other than there was no .input. Mr. Mercy stated they have talked with the school district and feel if there was a problem they would have addressed it. Mr. Mercy stated the Hearing Examiner recommerided a six -foot fence barricade to be used as a sight screen. He explained he has a problem with a six -foot fence as it will hinder the visibility of pedestrians. He stated he feels there should be some discussion on the height of the fence and if it should be there. Council Member Beauchamp expressed concern with the driveway on South 22nd Avenue, since the visibility is not clear and children walk by that area. Jerry Sturgill, United Builders, 2112 West Nob Hill Blvd., stated there • will be less traffic than United Builders has at this time. Be explained United Builders is moving and' their 'trucks will be gone and the impact will be less. Mrs. Small pointed out the Principle of McClure School and Frank Paparazzo, Chairman of the Safety Committee are concerned also and feel the appropriate feedback did AAD /2 • • MARCH' 15, 1988 265. .'not get back ' to ' the - City: It MOVED' by Carmichael, seconded by •Foy, 'that - Council- concur with the 'Hearing Examiner's: •recommendation and approve the conditions stated in the two documents that the Hearing Examiner presented. Council member Carmichael commented in the the'Hearing Examiner attached to the project there . was more than •adequate protection for the : and the 'neighborhood. She stated there is a need look at the.crossing on South 22nd Avenue with the School District:-City Attorney Vanek asked if Council would like to request the Legal Department to draft legislation 'with the conditions of the Hearing two "reports' and - Council member Carmichael responded, "Yes ". The question was called for a vote on.the motion. Carried by 6 -1 voice . vote. Beauchamp temporarily absent. 7: .REPORT "FROM STAFF AND CONSIDERATION'OF LEGISLATION REGARDING YAKIMA 'VALLEY TRANSIT LINES A. STAFF REPORT SUBMITTED BY DIRECTOR OF .COMMUNITY AND ECONOMIC 'DEVELOPMENT AND DIRECTOR OF ENGINEERING AND 'UTILITIES' ' • B. CONSIDERATION OF RESOLUTION AUTHORIZING' EXECUTION OF RENEWAL AGREEMENT WITH YAKIMA INTERURBAN LINES ASSOCIATION C. CONSIDERATION' OF RESOLUTION' AUTHORIZING DISPOSITION'OF SURPLUS PROPERTY FROM'YAKIMA VALLEY TRANSIT D. CONSIDERATION OF AN ORDINANCE RELATING TO CITY FUNDS AND ' ACCOUNTS E: CORRESPONDENCE FROM'YAKIMA INTERURBAN LINES • ASSOCIATION , Glenn''Rice, Director of Community & Econamic Development; reported 'staff is recommending. that .those lines out in' Ahtanum, .Wiley City and Harwood be surplussed and the resultant funds be placed into .a fund for ..capital improvements for the . remaining system. He commented that staff is suggesting trolley go ''to •'the Selah • Civic "Center. • He • :further commented he would' like' to ' discuss the proposed ordinance regarding the • creation of the 'capital improvement fund with the Finance Department before it is passed. . Council to agree with concept of the use of the salvage: proceeds towards - capital' improvements'.:* Discussion 'cotMenced on the °realignment of the railroad "system- and the salvage of the rtracks. Mr.''Rice explained the trolleys 'will - remain a tourist attraction, with lines-going to' Selah Wa. Council member Barnett asked what future implications or restrictions would be placed on the' 'trolleys• - `'in ' the ' future if - .it is 'placed' on the National Historical Register and Mr. Rice responded the whole:-system- was cataloged bye the Union Pacific Railroad 'as having an environmental "significance:, Council member Foy, referring to -, the ' Trolley Agreement, Page two, Item '2A, asked staff to explain What' the • •difference = was - between - :possession- of... property and 'ownership. 'Mr.-r explained this possession is • =' leasehold ownership and- is not: any , different - than it has -been - the. last couple -of-years-;,- , . : Mr. Rice Tasked that •-the salvage funds -received , be returned to the trolley maintenance' fund - 'and be'used for capital improvements which would be recommended by YILA and staff for Council approval - . Mr. Henderson ' ;stated the trolley . system'.. is 'eligible for the National Historical Registration. He stated the City would not . lose right - to do 'whatever 'it wants' to do with the trolley system. He stated there 'are grants available,'if the-system were on the National Historical registration. - •Council member Foy referred to the proposed ordinance and asked if operation means promotion'and Mr'. Rice stated'staff.twillrcheck the wording. (Carmichael absent briefly.) Mr. Rice asked that the concept of this- ordinance be'approved'and stated staff will revise the ordinance to be presented at a later date. Council member Barnett stated he thinks Jerry Henderson has done a great'job keeping the trolleys going. Mr.' Henderson stated the Association is being run as a volunteer organization, like a business, however, they are using a lot of professionals. Resolution No. D -5439 having been read by title, it was MOVED by AAD /3 • ' 266 MARCH 15, 1988 Foy, seconded by Carmichael to authorize the City Manager - to sign the Trolley Operating Agreement. Unanimously carried by voice vote. • RESOLUTION NO. D -5439, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an • agreement with Yakima Interurban Lines Association, Inc. for trolley car operation. • • • Resolution .No. D -5440 having been read by title, it was MOVED by Foy, seconded by Buchanan to authorize the surplus of certain portions of the system and the disposal of that material. Unanimously carried by voice vote.' RESOLUTION NO. D -5440, A RESOLUTION declaring certain rails, ties, poles, copper wire and associated railroad materials surplus and- authorizing their disposal. • *8. CONSIDERATION OF RESOLUTION AUTHORIZING THE RIGHT -OF -WAY ASSIGNMENT TO•UNION GAP-FOR THE SOUTH BROADWAY SEWER INTERCEPTOR • • RESOLUTION NO. D -5441, A RESOLUTION authorizing the Mayor to execute an assignment of sewer easements to Union Gap. • *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH CHAR HAUS FARMS FOR SLUDGE DISPOSAL FOR AGRICULTURAL PURPOSES • RESOLUTION NO. D -5442, A RESOLUTION authorizing the execution of an agreement with Char Haus Farms, Inc. for disposal of Wastewater Treatment Plant sludge. *10. APPROVAL OF • FINAL CONTRACT PAYMENT FOR THE STORM DRAINAGE CONSTRUCTION NO. 2 PROJECT (STANDARD MOTION V A -- ACCEPT PROJECT • AND APPROVE FINAL PAYMENT) • • The report from the City Engineer dated March -7, 1988, with respect to the completion of the work on the•Storm Drainage Construction • #2 Project, performed by Central :Concrete & Utilities, was approved, .the work accepted and payment.of the final estimates as therein set forth was authorized. • .11. PRESENTATION OF POLICE ANNUAL REPORT FOR 1987 Police.; Chief Pleas Green presented the 1987 Annual Report stating .there is a one percent overall reduction•`in_crime • in 1987 over 1986. He stated there is still a need for the one party consent :bill_ and was happy to see the drug- task force established. Council member Barnett expressed his support to lobby for the one party -consent bill during the next legislative session. Council member Beauchamp commented there is a greater need for citizen participation. Chief Green reported Yakima has the largest On • • • Guard program in the State. It was MOVED by Carmichael, seconded by•Foy, to accept the Police Annual Report for 1987 with our thanks. *12. • REPORTS FROM DEPARTMENT OF FINANCE AND BUDGET: A. APPROVAL OF THE JANUARY 1988 TREASURY :REPORT (STANDARD MOTION V -B, ACCEPT' AND APPROVE REPORT) • The report from the Director of Finance and Budget dated March 15, 1988, regarding the investments of the City of Yakima for the month of January was accepted and approved. B. APPROVAL OF BUDGET REPORT FOR FEBRUARY 1988 • The Budget Report for February 1988 was accepted for filing. 13. CONSIDERATION OF AN ORDINANCE REQUIRING-THE USE OF SAFETY•BELTS IN MOTOR VEHICLES - • • AAD /4 MARCH 15, 1988 267 In response to Council member Beauchamp's question regarding an officer issuing a ticket, for not wearing a seat belt, Chief Green responded, an officer has the option to issue a citation for not wearing seatbelts,_if the driver has been stopped for a different infraction. The driver cannot be stopped just for not wearing a seat belt. Ordinance No. 3087 having been read by title, it was MOVED by Buchanan, seconded by Sims, that the ordinance be passed. Unanimously carried by roll call vote. - ORDINANCE NO 3087, AN ORDINANCE. relating to traffic and the use of safety belts .in.motor vehicles; providing for a traffic infraction; and enacting anew Section 9.50.400 of the City of Yakima Municipal Code. 14. OTHER BUSINESS Council member Barnett asked to postpone two items scheduled for the next Council Agenda regarding Yakima Avenue, until more than four Council members can be present. Information Items: Items of information supplied to Council were: Letter from Washington Transit Advertising recapping transit advertising sales. 3/8/88;. Memorandum from City Attorney regarding Damage Claims Referred to Insurance Company: 3/7/88; and Permit Center Monthly Report for. February 1988. 15. ADJOURNMENT, It was MOVED, by Foy, seconded by Sims, that this meeting be adjourned at the hour of 3:35 p.m.. Unanimously carried by voice vote. READ AND CERTIFIED ACCURATE ; '�� ✓ L �� / � U► -% ' L MEMB�or' DATE �L:..j.4t— /440 lo , ;/ ATTEST: COUNCIL ME m R DATE ' ✓_ I''.ri KAREN S. 'ROBERTS, 'CITY-CLERK, CMC PATRICIA BE' DT, MAYOR MINUTES PREPARED BY 3An-P 1 6.eboLu IRENE R. BARBER, DEPARTMENT ASSISTANT. AAD /5 _