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HomeMy WebLinkAbout08/16/1988 Business Meeting • . 431 :.- . - BUSINESS. MEETING i. , < :' 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. I/ 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 / AD /1 432 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 AD /2 • 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, AD /3 - • 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 AD /4 • AUGUST 16, 1988 435 • 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 AD /5 436 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 AD /6 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 AD /7 - • 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 AD /8 . 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 AD /9 440 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 . AD /10 • 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. AD /11 442 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. • • • • • • • • • AD /12