HomeMy WebLinkAbout08/16/1988 Business Meeting •
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- BUSINESS. MEETING i.
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:' 1. ROLL- CALL 2 : '
• 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, Lynn Buchanan, Lynn Carmichael,' Jerry Foy and
Bernard Sims present on roll call.. Council) member Henry
Beauchamp absent and excused. City Manager Zais, City
Attorney Vanek, City Clerk Roberts and Deputy City Clerk
I/ ' . . . ,.• . . . .
.L*- Toney also present. _ _
2. INVOCATION .-
The Invocation was given by Council member Foy.
3. OPEN DISCUSSION-FOR GOOD OF THE ORDER
None _
4. CONSENT AGENDA -
After announcing Item No - .- 14 has. been removed. - -from the
'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. There -being no additions or deletions; the City
Clerk then read -1 the Consent Agenda items, , including
• resolutions and ordinances by title.'' :It was MOVED by
'.Carmichael;, seconded by Sims, that °the Consent Agenda, as
• read, - be assed. Unanimously carried ' by roll - call vote.
- Beauchamp -absent. (Subsequent' paragraphs preceded by an
asterisk '( * ) "- indicate items on the Consent Agenda - handled
under one motion without further discu:ssi•on.)•
5. AUDIENCE PARTICIPATION A .. - -
.Larry-Mathews, 805 South -.17th Avenue,. inquired about a bid
•advertisement i'n'today'-s issue of- the Yakima Herald Republic
regarding const-ruction•of a parking lot in- the of
Tieton Drive and 66th Avenue. He said he. drove through the
area and did not see any parking lot under construction.
• Director of Engineering and Utilities, Dennis Covell, stated
this is a three part contract currently being advertised.
Mr. Covell explained that recent construction on Tieton
' Drive had impacted the 'driveway_ at-66th "Avenue:) and Tieton
• Drive and •the driveway must now be regraded.
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6. PUBLIC' MEETING TO CONSIDER- APPEAL OF HEARING EXAMINER'S
- DEC-ISION APPROVING APPLICATION BY PACIFIC •DESIGN.ASSOCIATION
TO 'CONSTRUCT CONVENIENCE STORE AT-2401. WEST.. - NOB HILL
BOULEVARD (CIRCLE K') :'(PLEASE BRING-PREVIOUSLY DISTRIBUTED
MATERIAL) - • ,
, -
' - Mayor Berndt'stated this is a public hearing to consider the
appeal of the Hearing Examiner's' decision approving the
application of Pacific Design Association to construct a
' Circle • K.- 'convenience store. at 2401 West Nob Hill '- Boulevard.
She asked' '-that each Council member state whether they
were 'contacted • by any • opponents: or proponents of this
proposal, or if they had received any outside information or
' material regarding 'this issue. Council member, 'Foy stated
this issue:has•beenon -going for some time_now, however, he
rec alls -receiving one phone call from Mrs. :Rosemary
Small. Council- member Barnett stated he received five or
- ' 'six phone calls regarding. this :development• in May and June
of this 'year.. He stated. one .phone - :call. was in regard to
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432 AUGUST 16,1988
when the rezoning of property located on the north side of
Nob Hill Boulevard occurred. He said the caller indicated
the rezoning was in error. Mr. Barnett stated he received
two calls one morning which were generally against the
development due to traffic problems and incompatibility, but
he does not remember the date of these calls. He said he
received at least two phone calls from Rosemary Small
regarding incompatibility of the proposed development to the
neighborhood, the other call was related to the need for a
four -way stop sign at 24th Avenue and Bonnie Doone due to
the increased flow of traffic over the years on 24th Avenue
and related to safety concerns. He stated at the time of
the call regarding the four -way stop sign he was not sure it
was related to this particular :issue, but now believes it
may have been. City Attorney Vanek interjected if Council
members recall the name of the individual with whom they
spoke, that should be given as well as the content of the
conversation. Mr. Vanek stated at the end of the recital
by the Council members the citizens will be given an
opportunity for rebuttal. In compliance with Mr. Vanek's
instructions, Council member Foy stated it was at the very
beginning of the issue that he received a phone call,from
Mrs. Rosemary Small in regard to her concerns about the
issue. He said he advised Mrs. Small that he preferred not
to address the issue due to the appearance of fairness
doctrine.
Mrs. Rosemary .Small stated as far as she can recall, she
spoke only to Council member .Barnett. on one occasion,
probably in early-April.
Mayor,<_.Berndt and Council members Carmichael and Buchanan
indicated they did not have any contacts regarding this
issue. Council member Sims stated he believes the only
information he received was in written form regarding the
four -way stop sign at 24th Avenue & Bonnie Doone. He stated
he does not believe he received any calls and he does not
recall the name of the person who brought up the subject
matter. Mr.- Vanek asked Council member Barnett if he
recalled the names of any other people with whom he had
contact? Mr. Barnett stated he does not remember any
names or specific dates of the contacts, but he believes
the,phone calls were received ,after Bob Shampine -- issued his
administrative determination which resulted in some
publicity by the news media. He . stated he and his wife
remember two phone calls from, Mrs. Small. However, Mrs.
Small stated she had spoken with Mr. Barnett only on one
occasion; that she may have called when he was unavailable
and was told to.call back.
Larry Lehman, Associate Planner, briefly reviewed the agenda
cover sheet, .stating on June. 20th, 1988, the Hearing
Examiner rendered a decision approving the Class 2
application by Pacific Design for construction of a
convenience center at the intersection of 24th Avenue & Nob
Hill Boulevard. He stated the decision . was appealed by the
Nob Hill Neighborhood Coalition on July 7th, 1988 and a
notice was circulated regarding this appeal. Citizens were
given the opportunity to submit written memorandums to the
_City regarding this appeal and Council is now being asked to
consider this issue.
There being no questions for staff at this time, Mayor
Berndt opened the public meeting for testimony and asked
that names and addresses be given for the public record.
Bonnie Lee Ball, South 24th Avenue, stated members of
the Coalition will be addressing various aspects of this
issue. She spoke about the Yakima Urban •Area Zoning
Ordinance and the Yakima Area Comprehensive Plan, directing
attention to Section 15.01.030 of the zoning ordinance
which states the purpose of this title ,is to implement the
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AUGUST :16,1988 433
Yakima Urban Area Comprehensive Plan -and -promote general
health,e safety and welfare of present and future inhabitants
of - the . Yakima Urban .Area. She reviewed <:some -. of the
Gei.teria 'listed under this, section . to accomplish these
' -:i.e. a) Achieving. public and i. private ..land use
decisions consistent with the policies and objectives of the
•Yakima -Urban Area Comprehensive Plan, b) Dividing the Yakima
Urban -Area into districts :according. to the use of - land and
structures and the intensity of such use; c).Encouraging the
- l'ocation and use of structures. and land for commerce,
industry. :and residences 'in districts .where' they are
compatible , ) , with neighboring land-uses, g-) Providing for
:adequate .privacy, 'light, .air- and view, j) .Protecting
existing .land -uses and property values from.adverse impacts
I/ of adjoining developments; and - k) .Reducing traffic danger
and congestion.on roads and_highways._Mrs.: Ball stated she
believes property - values will be impacted; and_that this
criteria :needs further consideration with regard to the
proposed Circle. K .convenience store. She .pointed. out that
'Section 15.0.1.060: addresses - :conflicts ._of .provisions which
• states "in the case of conflicts between parts of this
-title and other rules, regulations, resolutions, ordinances
or statutes lawfully-adopted. by.- the county /city, the most
restrictive shall govern. :" Mrs. Ball stated when the rezone
occurred two years. ago a: general environmental impact
- statement was done :for the area She stated the. Coalition
would like to request a. supplemental environmental impact
• statement be- conducted- -and perhaps this document -zwi11 help
address some -of-their concerns..
Earl Derry,. .who owns property at 1018, 1018 1 /2:and 1020
.South ..25th -. Avenue stated- - he ' would like • to .present • a
petition containing 180-signatures .to they.CityLC1erk. City
Attorney Vanek• interjected: that arguments• Imust be made on
material already contained in the record, ..and ' explained
thatl• :any. new: material' is barred , from thischearing,
therefore, the petition cannot -.be. submitted -at this time.
Mr: -Derry - •stated he has a. - letter- from Teresa Tatro and
.inquired-if' this is admissible. Mr. Vanek stated if the
letter addresses arguments already ins the record; it would
be admissible, =however, if she is bringing u.p::;ne.w . factual
material, the letter cannot be read orpresented:to the City
Clerk:. It <wa.s..'determined . that :1 the letter is : not new
evidence therefore', was submitted to _the • City Clerk.
< Mr :- Derry: also. provided .Council with. a "copy of..the notice
of-. appeal that appearedin the Herald.Republic this
;morning. Mr. Derry...sai.d even though ..the...cit :izens were
given an opportunity i•o speak :for or_against' the zoning
ordinance during:the public hearings', it is his opinion that
the concerns of the citizens "were heard, . :but: not. listened
to."
Phil -Small; 100'6'- ••South 25th Avenue; said ,he resides about a
block -from the proposed :_ - Circle K--convenience store
and compared Circle Kiwith recent business developments in
the area. He- stated the-new :Burger King is the right size
'for-the plot -on _which it is: located, however,. .the ._Circle K
building is-too large for the- lot s.ize'. on which it is
• pr-oposed:' Mr. Small stated the > Burger King :development has
-- • • ample parking - and - landscaping, they . have provided=. something
• unique - to' the neighborhood, a playground., . unlike
• -the': Circle- K; . the': Burger King does ,. not - ha.ve :: a . 16 hour
operation,- Burger- King'- _pe-r.sonnel picks '.up litter twice a
day'. whereas the Circle K -will' hire someone:: to_ pick up the
litter once a -Week, Mr•. Small stated T he believes these
'factors indicate Circle :K :has :qmade< no_; to
become ;compatibileiwithcthe neighborhood_ except as required
to fulfill ithe - .permit . .process .. He - . addedj'the :clientele
anticipated- by .Circle :.K :' will .:not: be very'. to
• esthetics-and-this .will. become .a - source of conflict,
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434 AUGUST 16,1988
• Mr.. Small stated the .second business that. the, neighborhood
is favorably disposed toward is an Oil Can Henry's
development proposed for the end of the block. He stated
the neighborhood - is supportive of Oil Can Henry',s because
they have a policy of not asking for any adjustments to the
zoning ordinance. City. Attorney Vanek asked.Mr. Small if
his comparison of Oil .Can Henry's to Circle K came up in
testimony before the Hearing Examiner during the public
hearing.' Mr.,. Small stated it .did not, but what has come
up has been a depiction of the Neighborhood Coalition as
being strongly anti - business to the point of not being
favorably disposed to any aspects of business development
and he is trying to bring out that there are positive
aspects. Mr. Vanek stated testimony concerning the Oil Can
:Henry development is 'adding a layer of new evidence at this
hearing and this cannot be permitted. Mr. Small summarized
his remarks by saying the Neighborhood Coalition•believes it
. is possible for Circle K, or any business, to design a
development that will fit on this property without
.requiring a lot of adjustments to the .zoning ordinance.
Carl Vargas, a resident:of 906 South 24th Avenue'for almost
.te.n years, stated there are obvious compatibil.ity, problems
as well as problems with the implementation of local codes
and ordinances. He stated a citizen should expect that no
sub - standard design will be approved, however, this is not
always the case and the :Pacific Design proposal is a good
example-of that fact. Mr. Vargas stated the site plans of
this development still show insufficient parking and
driveway areas even after parking adjustments granted by the
• Code Administration Manager were granted and unchanged by
the Hearing Examiner. He said the Yakima: Urban Area Zoning
. Ordinance, Section 15.06.070 states .standard parking
dimensions for 90 degree .parking shall be 9.feet wide, 19
feet. long and have a two -way driveway adjacent 24 feet
wide.. He noted the plans submitted .for this proposed
project, and approved by the City do not measure up to these
standards and the .Coalition finds this intolerable. Mr.
Vargas stated the City Planning Manager stated he does not
feel it. is the Planning •Department's job to: plague the
developer and. make sure every line is in place. Mr. Vargas
stated the Coalition is seeking the protection brought by
the:zoning ordinance before the.development takes place. He
•
said this. would reduce the pressure characterized by Don
Skone as "enforcement based on citizen complaint." Mr.
Vargas stated residential areas of North Nob Hill rely on
the directives of the City Counctl.in conjunction with City
.officials to balance the interest of a new .development
without forfeiting the tranquility of the.•establis.hed
•neighborhoods.
Linda Garcia, 1014 South 24th Avenue, spoke about the
neighborhood's concern of • the increased traffic flow on
24th Avenue. She said she attended the neighborhood
•
meetings regarding the widening of Nob Hill .Boulevard and
expressed concern that the traffic flow.was going to be
- increased .on 24th Avenue as a result of the Nob Hill
Boulevard construction project, and was assured by staff
that this would not occur. Mrs. ,.Garcia stated the
.neighborhood supported the Nob Hill Boulevard construction
project because the street was in drastic need of repair and
widening, however, once the project was completed, the
traffic flow increased tremendously. Mrs. Garcia stated if
a, business is allowed :to develop at the corner of 24th
Avenue. and Nob Hill Boulevard the traffic .flow will
increase again. She expressed concern that the plans show a'
driveway is going to be constructed in the area where funds
were just expended.to install. a right turn lane. She stated
a driveway at this .location will result in • a, lot of
confusion and traffic congestion. She, stated if Council
decides to force the neighborhood to accept the Circle K, a
project which they feel is unacceptable and incompatible to
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AUGUST 16, 1988 435
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the neighborhood; then 'Council should - consider, not ',allowing
any= businesses located on Nob Hill.: Boule•vard;H_ from 20th
Avenue to 27th- Avenue, to construct driveways -. on ithe side
• : ' streets. She indicated all of the. -- businesses j should be
required to have driveways onto Nob Hill . Boulevard.
• Rosemary , Small, : 1006 South 25th ' Avenue,: :+(stat:ed, the
- • neighborhood -is - not opposed to 'commercial .- development on Nob
Hill' Bouleva =rd; -they are not asking fors :a rezone; :however,
' they = want to preserve their_ established,,_ residential
neighbo'r'.: She stated• the Circle . K. development: ;-is not
compatible to the _neighborhood. for 1)reasons., ai,re.ady • stated.
She : also commented .on the • . adjustment- to.. the parking
- spaces,' sitescreening_ and the potential danger for small
school children in that area.. Mrs.: : •Small.t: •stated,
"developers perceive .the.. City of Yakima. :;as •a• less than
'minimum needed :sort of City - and, they are getting away with
•it." As .'an example, she reported the landscaping_ for the
Big 0 • Tire • Store is • a pile of-i . rocks; :the L.required
•sitescreening - for the R-2 1 overlap .area has . never been
- planted;' used tires .are stored .outside their building on a
rack and in their dumpster +10.0% . of the time; :and hydraulic
' • -oil • barrels are - :also stored outside. She : :asked .Council to
give -the developers th'e message to.. "dot . it_. right." In
• - c'bnclusion>; :- Mrs. - Small 'said the Circle •K de velopment has a
poor site plan that illustrates 'a -.c "we _don't care
attitude : •
. Larry 'M'athews, 80 -5- South • 17th Avenue, complimented the
Neighborhood • Coalition for ,doing. a.' - t splendid _ job on
• homework. -`He .• commented on -the year,- and -a- , half.. of :_ hearings
- on • the-Urban- Area Plan and ) :Zon.ing. Ordinance. ::in Jwh'ich City
staff -and others testified about. .i.the ,: for
coinp•atibility. He stated compatibility is •_the.. issue at
point* in ' this case. Mr.: - Mathews stated _ also
emphasized ••' the need to protect .residential� areas from
business development :' -. He. stated dn:•- o rder, :to document this, '
,.
;however,: someone will: have to listen to the tapes; of the
• • public hearings regarding the .support :of , ,those , principles of
the plan. AMr. .::Mathews ?reminded :Council *;.tha.t ; Mrs. Ball
-' outlined the crtiteria .• which : should :.be - considered:. in this
• appeal.; _ _, • • _ ..: • t . -
Council member Barnett asked Mrs. Small if, she . had an
opinion or 'a :figure' on the _-overall reductiont. :in the
i• • driveway :! Referring - to the Site -Plan, tfor Pacific Design
- Associates, Mrs. Small state :d the parking' stalls are :117 feet
in length and they are supposed to be! X1.9• fee -t- '-Long; the
driveway is 20 fe'e•t wide•:and• should- be .24 .feet. _wide. Mrs.
Small pointed out that t-he ' distance between the, store and
the gas -pump island • is 54 feet , and -it should_ (.be -160 feet.
- • Council's member Foy - pointed' out that there are =two issues
' that n'eed= to be - resolved, i.e -. the [issue.. of - .the parking
' -: : • • stalls - and' the - C -cu -rb barrier which will. prevent :any turns
onto 24th Avenue . • _Mrs.- Small added- that_ the issue_ of the
• four =way =s -top - sign =onL. Bonnie Doone, al.so: = ne.eds: to be
-. addressed.. .. - . , _ -, ,. ;- -_. :. _ ,
;E:;:
Stewart , Young, 'Pacific'- -Centers Incorporated 1 +and_' Pacific
Design'_ Associates, stated, hiss :firm specializes in developing
- small ' neighborhood .centers and ..hav -e constructed nearly 100
convenience stores. -He' stated Pacif.icl:Design .hastheir own
• architectural: and constructions- company and :this :particular
._ .project-. has undergone -a number of- reviews, including:, a Class
• 3 -Review'. in -- which' ;the application =to operate .on •a 24 hour
- basis was- - denied.- ;He stated .,this- ipa•rticular.: ;piece of
property' is ! bordered •to _ the, _east and:. west by _B -2, to the
south by LCC. and only . the parcel :to. the . -north is
zoned •R =2.. Mr-.• Young stated he. .believes-.. :that :with the
- appropriate • site considerations, : the. Circle .K;: :is; compatible
'• - w -i=th- this moderate density.- residential , neighborhood. He
commented he finds it interesting -that the resi:de.nts. are not
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436 AUGUST 16,1988
opposed to Oil . Can Henry's being located in their
neighborhood. He' said his company has developed all of the
Oil Can Henry's in the greater Seattle area and this
business is definitely auto related as is the,Big 0 Tire
Store and the car wash business. Mr. Young referred to
Table OLU -1 of the Comprehensive Plan which lists a small
convenience center as being compatible with R -2 zoning. He
reviewed the criteria for commercial development as
contained in the Comprehensive Plan: 1`), :promote the
development of the Central Business District, 2) strengthen
the existing commercial uses, 3) . conveniently serve the
public,. 4) do not conflict.: with other intense uses, -, and 5)
provide for business expansion. Mr. Young stated the Circle
K proposal meets all of, the, criteria listed in the
• Comprehensive. Plan.. He stated the Hearing Examiner listened
to: the concerns of the residents and imposed numerous
conditions upon this project and ',all of these mitigating
_measures have been agreed to by Pacific Design as,they wish
to cooperate • with the residents.. Mr. Young stated the
residents say they are not opposed to retail uses,'but they
are bppos.ing_ the Circle K store even though various changes
have been made to appease them: With respect_ to the
parking issue, Mr. Young stated many municipalities include
the stalls at a gas island in their legal, parking
requirements, but Yakima's code is unclear ,on this. He
• stated most cities allow;for compact parking stalls rather
than the normal size 18 feet parking stall. He added
studies have shown that one in five convenience store
customers park at the gas stall. Mr. young ,said this
is in complete conformance with all• of the other convenience
stores :that• Pacific Design has built. He, stated the 25
foot driveway is ample for two -way traffic and the Nob Hill
Boulevard driveway was. - widened to allow for a smoother
ingress and egress because the traffic is traveling at a
•
higher speed. He said Pacific Design offered to install a
stop sign at 24th and Bonnie Doone and, will do so if the
;City Council feels it is appropriate. Regarding, the fencing
issue, Mr. Young stated after listening to the neighbors, it
was agreed that a 6 foot cedar fence will be placed on the
western boundary and a 6 foot masonry wall,on'the north. He
stated the issue involving the right -of -way property to the
west is rather confusing because he was init,ially.told by
the residents they would prefer that it be left in its
present natural .state. He stated the landscaping meets
the City's requirements of 20% and they have. agreed to
install irrigation and sprinkler equipment, and plant 6
foot evergreens.• Mr. Young stated ,a study . conducted by
. .Pacific Design of 10.a convenience, stores- revealed that
adjoining property values have increased as a result of the
convenience center being constructed, while other
properties that were not adjacent to the convenience .
. centers, we have found that if they are zoned the same
their value will increase. If they are zoned residential
and not .likely to be rezoned to commercial or business,
their property value remains unaffected. He stated there is
no evidence in any of the shopping center or neighborhood
center studies, that he is familiar with, that indicate
property values are negatively impacted by a neighborhood
center. Regarding the 'issue of signage, Mr. Young said
they were limited by. type. and location of signage. He said
the sign was originally located on the corner, however,
• because some of. the residents were.,- concerned that they would
see it from their houses, the sign was moved, to the west
'side of the property along Nob Hill Boulevard. Mr. Young
stated he has received a.number of unsolicited phone calls
from people in Yakima who have, supported the. way this
project has been handled in that the residentsr-have been
listened to and Pacific Design has'.do.ne.everything possible
to cooperate with .them. In conclusion, -he stated this
project would have a minimal impact on the community; it has
had a thoroughievaluation by an administrative official, and
a full hearing by the Hearing Examiner. Mr. Young requested
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AUGUST 16, 1988 437
that ''conc•lusions and decisions .:of the administrative
official- and Hearing Examiner be affirmed.:. .. -
A - -discussion • ensued regarding: 'the - Hearing.:- ±Examiner's
• comment'. that no right .turns be permitted onto :24th .:Avenue
Code Administration Manager Shampine stated he:;believes the
Hearing Examiner's intent was to affirm his (Mr. Shampine's)
• : decision -; not. to •allow left hand turns onto, 24th Avenue.
City Attorney Vanek directed attention:. to: page. 1,0. of the
.Hearing "'Examiner's decision whichL: states ."With - installation
of "ia C , curb prohibiting left turns, onto 24th: Avenue,. and the
installation of •'four -wa• stop. signs-at the .intersection of
24th and Bonnie Doone, the •traffic_ impact." has_ been mitigated
as much as can be reasonably expected:" _Council . member Foy
then directed attention to page 14 of the Hearing Examiner's
decision'-which -: states.. under Item. .J. "If .approved .by-the City
•
Traffic Engineer, install a- - "C "J. barrier on 24th Avenue to
prevent existing_ traffic from going north,. on.24th: Avenue"
and -Item K= "If approved by the -City _Traffic._ Engineer,
install at- the - applicant.'s expense, _ ,four.- way: stop -signs at
the -intersection of 24th Avenue and Bonnie Doone "_.; , and Item
L which' states "Install a No right Turn sign .at'_ the exit
onto 24th Avenue. He . pointed - outi that_ it'•.»doesn't say
"'right' turn only," -it says "no right turn ". Council member
• Barnett' referred to Mr. Shampine -'s opinion which: states
"install • a no,- right hand turn sign at the exit onto 24th
Avenue to "prevent- .existing traffic from going. north. 24th
Avenue: - Mr. •Shampine - stated that was a. typing error that
he -1 -had.- corrected, however, it 'did ,not get inserted •;into the
Council packet.. 'Council - was advised, .by.' -City .Attorney Vanek
that- they ' Leave - the , decision is; :make_ a %.separate
finding} that !this --was a typing- :.error; ::.or. make a" .separate
'f inding L- that this.. is:-Lnecessar.y.. - In - - con.clusion Mr_. Young
-stated .this - is .subject r to- ..the r City _- Traff.ic Eng'ineer's
(approval :and noted that he does not.:re.call any .ne:ighborhood
opposition -to eliminating the right. hand, turn__out, of 24th
Avenue. L
' There= 'being no • one else . present to .speak; in favor of the
appeal', Mayor,- Berndt asked that. those wishing: to make
, rebuttal remarks do: so at this me. Laura. •,Blrank, 1018
South 24th Avenue, - stated she owns. • _the_ . property on the
north side of the development and with the current traffic
problem's, -it :is -almost - impossible to get -out,_ of her
driveway between 4:30 and 6.:'30 - >P-.M:. :and_ this problem will
increase if the proposed Circle K is constructed on the
corner of 24th Avenue & Nob Hill 'Boulevard.: Sher- stated she
• is - concerned 'about !the long term' impact -: the _ _convenience
store w-i11 .•have on the • neighborhood. -Mrs. :Blank. stated a
six foot .fence, • landscaping and walls are'. not. _ -going to be
much o-f- a- Cbarrier when her house is= situated _twelve feet
from the store. -- In conclusion, shei_.stated it
doesn't seem very economical to construct: a a Super. Safeway
an'd''.then. build hour convenience center ,right across the
street,'
Phil Small, 1006 South 25th Avenue; ;-referred .:tto: :a map on
the wa11.- illustrating the-layout '-of :the propose:d:- development
'and' said- the point of contention: As, that :.Mr: _ Young infers
that: a portion of the lot .'line• is B =2 w:hilec_th.e; Coalition
Contends) the'l lot line abuts R-2 property. ;He : stated prior
to - =the ' Council' making -a .de :this , issue .needs to be
resolved. Council :member :- Foy referred to :-;.the map
provided in- the Council,: packet_ stating this .map shows
- -that there is =R -2 .property contiguous.. to) the area proposed
' -for, .ah•e 'convenience center.
Rosemary Small,- +100 6 South 25th Avenue, . stated Carl Vargas
"-has ' beep in-contact with the .• City 'Engineer - .over._ _the last
four days -.and- she stated rthe four-way_ stop .sign _has not been
approved and- will: not • be mitigated: in the near .future. She
said the - Coalition 'objects :to. this •be,cause there.. will be
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438 AUGUST 16,1988
traffic flow from the Super Safeway as well as the mini -
mart. She. pointed out that. the convenience, center is
expecting forty cars an hour whereas the other businesses
coming into the area are expecting about. forty cars a day.
She said that is a big difference in the amount- of traffic
expected in the area.
Linda Garcia, 1014 South 24th Avenue, stated she would like
to make sure the Council is aware that the Neighborhood
Coalition has the understanding that there is no right hand
turn allowed onto 24th Avenue... Council member Barnett
stated the appeal indicates that -that was the. interpretation
of the Coalition, and some of the arguments were based upon
that understanding.
Stewart Young, Pacific Design, stated: when the Hearing
.Examiner's decision' 'containing the typing ••error was
issued regarding the driveway on 24th Avenue, Mrs. Small had
• informed him that this did not make sense itdid not
allow for -a right turn or left turn onto - 24th - Avenue.
Council member Barnett stated,•however, it still allows -
people to enter the property. Mr. Young stated that is
correct; the only point he was trying to make is that Mrs.
Small felt at that time that it was a typing error. Mrs.
Small expressed `concern with the length of the parking
stalls and the width of the driveway, stating- that the
development is too large for the lot. and she does not feel
this is correct. Code Manager Shampine„ addressed remarks
about. the property between the store and the residential
property known as the City right -of -way. He stated the
Neighborhood Coalition has complained; about the weeds and
the fact that .the developer plans to leave the property in
• its natural state rather than landscape or__develop it.
Mr. Shampine said according to state law, the use and
maintenance of that right -of -way remains with the adjacent
property owner until such time as the City decides to use
it.
Philip :Small, 1005 South 25th Avenue, stated if the Council
approves this development it should be clarified that the
parking stalls and driveway width have not been endorsed or
given ,an adjustment by the City Council.
•
There being no one :else to address this issue, Mayor Berndt
• closed the public meeting
Discussion followed regarding the, to be taken to
address the concerns of the Neighborhood Coalition, the
concerns .regarding the ;driveway, parkingi :spaces and the
handicapped parking stalls. It was MOVED-by Barnett,
seconded by Buchanan, that this appeal be remanded to the
Hearing Examiner for, further. consideration ,of the
determination of the Hearing Examiner of 1) - the,approval
or non - approval of the administrative adjustment of the
parking stall depth and driveway width, including a review
of the safety hazards, if any, with a reduction from
driveway standards, 2) an affirmative statement whether the
proposal fails should the City Traffic, Engineer not approve
conditions J, K, and L, and a rendering of comment with the
addition of a handicapped stall at. 12 foot 6 inch
requirement of code, if this has bearing and change on Item
I of which administrative reduction from 14 to 12, and
examiner reduction from 12 to 11 would .now be grossly
affected, resolvement of the responsibility for improvement
and maintenance of the . undeveloped -right -of -way portion of
the west side of the property. Under discussion, City
Manager Zais stated Council member Beauchamp was unable to
be present at this meeting and he asked that Mr. Zais convey
for the record that he has ,read the record and has
appreciated the in- formation provided by the citizens, and
based on his (Mr. Zais') judgement•, would probably be in
accord with each point raised for consideration in remanding
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AUGUST 16, 1988 439
this ' •back 'to' the - Hearing-' Examiner..? M -r': Zais' sta-te:d rCouncil
member Beauchamp had • similar -concerns with.- rega-rdi: to the
information submitted by the citizens., .Council.: member
• Barnett asked Lfor clarif=ication on the procedure', .by the
Hearing E=xaminer. following this action. ;City Attorney Vanek
st'a'ted the Hearing Examiner- will issue :.a newt opinion which
is 'subject to appeal back to • the City Council_ ' if anyone
should want Fto'- 'appeal that decision. ,The' . , question was
called for a vote on the - motion..- Unanimously : ,carried by
voice vote Beauchamp' absent. •.It was MOVED • by.. Carmichael,
' seconded by Buchanan, that if the subsequent 'determination
- by the Hearing Examiner "is not .- acceptable' to :e.ither party,
and one should wish to! appeals - the Hearing Examiner's
decision to'the City Council, -that this appeal -be- =designated
as a continuat'i'on of this process that has already_ begun,
and waive any fees that would be appropriate under the
existing- ordinance. Unanimously carried - by .voice vote.
Beauchamp absent.
Mayor Berndt called for a brief recess at this time.
The meeting having 'reconvened, Council member Carmichael
referred to the alleged code violations by the tire
store as mentioned by' Mrs. - Rosemary - Small. -and : asked that
Code- Administration 'Manager Shampine - look . into s this. Mr.
Shampine' :stated his -staff = is aware. of these--violations and
has been working- with that business to :correct these
matters. Regarding the landscaping, Mr. Shampine stated the
Code Department will require the business to comply .with the
landscaping approved on its site plan. .
7. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION
AND• - DEBRIS ABATEMENT - PROGRAM = 11. '" =• :
Code Administration' Manager Bob' .' Shampine_, stated_ _:he has
nothing to add to- the report and - knows''of_ no:_one.:.pre'sent to
address this resolution. It was MOVED by Barnett, seconded
by ' - Sims, to -approve .. the first _resolution, _.as read.
Unanimously icarried by voice' - vote -.. Beauchamp absent;
RESOLUTION NO D -5485, ''A RESOLUTION• .- authorizing :. =the Code
Administration Manager to clear certain weedy lots:
8. REPORT FROM PUBLIC WORKS REGARDING DESIGN FOR WASHINGTON
POOL IMPROVEMENTS
Doug Carter, Parks Manager, and Jerry Copeland, Director of
'Pu'blic ''Works were • both present ' responds to Council's
questions - -regarding-' the design - for Washi ngton Pool
improvements. Responding to Council member Sims: :'inquiry
about) the amount available from 'the design contingency Mr.
Copeland stated the design contingency "is- :to take- of
items that arise which were unanticipated in the initial
design: He further stated additional- -items wild. Jhay.e to be
fundedvthrough the contingencies - the : overall' Bond issue.
Council' member - Barnett- questioned staff 1 .! about _ possible
liability- exposure due ' to observation . and - safe:ty_
created with the fountain in water over six inches deep.
Staff assured him 2they= did not believe this :would present
any problems, especially since professional_ lifeguards would
be present. Council member Foy asked about cost savings if
the two separa -te buildings at Franklin _. Pool..were•. joined,
sharing one wall, and Jerry Copeland responded he would
estimate a savings between $2500 - $3000. He said he reviewed
that portion of Lthe'$200,000 :contingency which :would be
dedicated:- to that project and -. determined there were
$2,050,000 worth of dedicated projects, notwithstanding that
$200,000 project. He said this means $200,000 of that could
be reasonably dedicated to this project .`It•:was..MOVED by
Sims, seconded by Barnett to accept this plan, with the
proviso that we live within the budget, making sure the
contingency covers any of the $50,000 loss. Mr. Carter
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440 AUGUST 16,1988
asked for clarification on the- contingency. Council • member
Sims stated he was referring• to the contingencies for the
four items, which total $80,000.. He,.said his proposal is
that Plan 3 be accomplished within the. contingencies,
leaving no .liability of $50,000. Mr. Carter stated if the
other contingencies aren't included, he doesn't believe this
_project can be built. Following additional comments about
the contingencies and the Bond issue, City - Manager Zais
commented that the $50,000 excess above the project
contingency that are factored in was intended to come from
the overall contingency reserve within the Bond issue.
However, the motion is to set that aside for the time being,
bid the project and see if it is within the budet. The
. question was called for a note on the motion. Unanimously
carried by voice vote. Beauchamp absent.
•
* 9.• APPROVAL OF JULY,1988 REPORT (ACCEPT REPORT)
•
The July 1988 Budget report was accepted.
* 10. -.APPROVAL OF OUT -OF -STATE TRAVEL FOR DAVID BACHMANN, FIRE
• DEPARTMENT, TO EMMITSBURG, MARYLAND .
The Out -of -State travel for David Bachmann, Fire Department,
. to attend the National Fire Academy's "Intro to Safety
Education" course, in Emmitsburg, Maryland; September 18 -30,
1988, at a cost of $132.00, was•approved..
* 11. CONSIDERATION OF ORDINANCE AMENDING THE 1988 BUDGET AND
APPROPRIATING. FUNDS FOR CONSTRUCTION IN CONJUNCTION WITH
URBAN AREA ROADWAY PROJECTS (SECOND READING)
An Ordinance appropriating funds for construction in
conjunction with urban area roadway projects, having been
read by title only at the . previous meeting, was brought
before the Council for a second reading.
- ORDINANCE NO. 3118, AN ORDINANCE amending the 1988 budget
for the City of Yakima; and making an - appropriation of
$102,259 in the 476 -Sewer Construction Facility Fund for
expenditure during 1988 for the -construction of sewer
facilities in the Urban Area Service Boundary. •
* 12. CONSIDERATION OF AN ORDINANCE AMENDING THE 1988 STREET FUND
BUDGET AND PROVIDING FOR THE REMOVAL -OF - MID -BLOCK
CROSSWALKS ON EAST YAKIMA AVENUE (SECOND READING)
An Ordinance amending the 1988 Street • Fund..: Budget and
providing for the removal of mid -block crosswalks on East
Yakima Avenue, _having been read by ,title only at the
previous meeting, was brought before the Council for a
second reading.
ORDINANCE NO. 3119, • AN ORDINANCE amending the 1988 Budget
. for. the City of • Yakima; and making an •appropriation of
• $20;500 in the 141 - Street Fund for expenditure during 1988
for removal of Yakima Avenue mid -block crosswalks. •
* 13. CONSIDERATION OF ORDINANCES AMENDING THE 198.8 BUDGET (FIRST
READINGS): •
A. •ORDINANCE APPROPRIATING FUNDS INTO THE POLICE PENSION
FUND
•
An Ordinance appropriating funds into the Police Pension
Fund, having been read by title only, was laid on the table
for one week, or until August 23, 1988.. • -
B. ORDINANCE APPROPRIATING FUNDS INTO THE RISK MANAGEMENT
FUND .
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• AUGUST 16',1988 441
An Ordinance appropriating funds into the Risk Management
Fund; -having-`-been read by title only, was :laid on the table
for -one week-', - oar until August 23, 1988. ' _ '_ •
r. r • .___ , .•,,: ... t . _:,
14._ CONSIDERATION OFl ADOPTING THE 1-988-EDITIONS OF
• THE - UNIFORM° CODES: - J .i . : :: , _ _a : _.
t;1 ii "__i -
A = UN'IFORM'-'BUT -LDING CODE ' ' ' • - - j Thl :=J -•
B. UNIFORM PLUMBING CODE -
C. UNIFORM MECHANICAL CODE
D: :UNIFORM- FIRE- CODE -
' E. UNIFORM CODE-FOR THE ABATEMENT OF'DANGE- ROUSJBUIL'DINGS
F. UNIFORM- HOUSING CODE • -- - -• - - - ' -- -
G. UNIFORM SIGN CODE
I/ __ — . _ , ,. ,
- This - i't'em - was' rerrioved from the a :due .to= pending action
by the State Housing Building Code Association:t• — -s
15. OTHER BUSINESS • . _ . _ .. ' . ;'.-'..-
•
Steven Stumpf,' '70'5' South 8th Street;- .st'a -ted he lives in the
area of a'shington- Poo -1 l and is- concerned. about the
• ' environment there.. Mr.'- 'Stumpf . stated he :. (is.- ; a i member
• _ of •Neighborhood Outreach - Christian- group tha has been
attempting. to clean up -the- area= • re.cently :He :indicated '
' abOut 300 syringes • have: been picked' u.p ,by. members of
Neighborhood Outreach, ::but . Was-hington ' Pool.i. remains covered .
With. glass: He' asked -if 'there - is going: to be: sa . change in
this?- Stumpf stated' he 'has beendoing : research on
.. . _ _ the Southeast •- Community 1Center •and the goal of Neighborhood
• • Outreach 'is to- keep the i facility =o'pen„ and:.'provide. various
programs• -for - :the young ' -'people •in' :that:,area.. He ; stated if
the Center closes, Neighborhood Outreach would like an
opportunity to reopen it.
•
- Council*member Carmichael initiated -- a disc.ussion:
- the 'graffiti -on the' two large r etai - n=ing i walks -on- Lincoln
Avenue, °`-just'- west —of the. Buttrey - Osco Store. Mrs.
Carmichael commented she would like to ask)--the Parks
Commission to consider conducting a project with the
- schools-.and the :community to developa program: -to beautify
the 'retaining walls. Council 'member Sims asked if staff
could provide a cost estimate to paint the walls beige.
.Council member Foy commented. there are two large lots on
West Lincoln Avenue that need :to.be cleared of dry weeds
because they are a fire hazard. It was MOVED by
• Carmichael, seconded by Sims, to direct staff to return to
Council next week with options for cleaning up and
beautifying the two retaining walls on Lincoln Avenue
. between. 22nd and 24th. Avenues, : the' options' are _ not.. to be
limited to sandblasting and painting, and •cost• estimates as
well as anything that is suggested, with a source of funds.
I/ ' Unanimously carried by voice vote. Beauchamp absent.
Council member Carmichael inquired of Glenn Rice, Director
of Community and Economic Development, what ever became of
the stock given to the Southeast Community Center a number
of years ago by Cox Cablevision? Council member Barnett
stated he had inquired about this one time and was informed
that the stock had been sold.
Council member Foy commented that in the past Council
received monthly reports on, revenue collected by the cable
television company, however, these reports are no longer
provided. He said he has received several calls from
residents in the newly developed Chestnut Grove subdivision
complaining that the cable company will not respond to
requests for cable hookups. Mr. Foy stated the franchise
states the cable company must connect city residents to
cablevision upon request. He asked that this be looked into
on behalf of those citizens in Chestnut Grove who have been
awaiting cablevision for several months.
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442 AUGUST 16,1988
As a member of the Association of Washington Cities Board,
Council member Buchanan asked. permission to attend the
upcoming meetings in December and the Spring of 1989. It
was MOVED by Barnett, seconded by Sims, that Council member
Buchanan be allowed to attend the National League of Cities
conference in Boston in December and Washington D.C. in
March for the legislative meeting. Unanimously carried by
voice vote. Beauchamp, absent.
•
Council member Barnett complimented the citizens who
participated in the Circle K public hearing -today stating
they conducted themselves in an exceptional manner.
Council member Foy thanked Mayor Berndt for a fine job in
representing the City in the recent "Jail and Bail" fund
raising event.
Information Items:
Items of information supplied to Council were: Letter from
HUD regarding Labor Standards Compliance Review; Community
Development Block Grant.Program. 8/8/88; Memo from Police
Chief regarding Narcotic. Enforcement Update.- 8/9/88;
Monthly Report of Chief of Police for June 1988; Agenda
for August 17, 1988 Hearing Examiner meeting; Agenda for
August 17, 1988 Yakima Urban Area Regional Planning
Commission meeting; Minutes of the June 13, 1988 Parks and
Recreation Commission meeting; Monthly Permit Report for
July 1988;. and Article. from August 4, 1988 The Wall
. Street Journal, "Wyoming Has No Trouble Tourists,
But Luring•Industry Runs Into Lots of Problems ".
16. ADJOURNMENT
There being no further- business to come before the Council,
it. was MOVED by. Carmichael, seconded by Barnett, to adjourn
at the hour of 4:50 P.M.• Unanimously carried by voice vote.
-
Beauchamp absent.
READ AND CERTIFIED BY,
COUNCIL M DER DATE
AL •
A./ if 0
COUNCIL MEMBER - DATE
ATTEST: -
. CITY CLERK MAYOR •
•
Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC.
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