HomeMy WebLinkAbout09/09/1986 Business Meeting 379
SEPTEMBER 9, 1986
J i rf ..r _ 1 • :11 `' l . =l7: " +l
BUSINESS MEETING
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1. ROLL CALL
The City Council met in., session on this, .date:,,at ;:2:00 P.M. , in the
Council Chambers of City Hall, Yakima, Washington. Mayor Henry
Beauchamp,,.presiding, Council members Clarence Barnett, Pat'Berndt,
._ _Lynn Buchanan, Lynn Carmichael, Jerry Foy and.Jack Sparling.present
on roll'cal'1 City Manager Zais, Assistant, City Attorney.'Vanek,
City Clerk Roberts and Deputy City Clerk Toney also present.
2. INVOCATION
The Invocation was given by Mayor.Beauchamp.
.3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council member Barnett stated he had received a letter from NASA
indicating they have recovered the Yakima Air Fair banner
sent to Commander Dick Scobee to take on the flight of the
Challenger last January. Mr. Barnett stated he also sent a
centennial coin to be taken into space, and although NASA reports a
coin has been recovered, it has not yet been determined that it is
the same coin. NASA officials will notify Mr. Barnett after
positive identification of the coin is made.
Note: See minutes of,-October 14,., -_1986 for correctons, under_ "Open
Discussion for the Good of the Order."
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4. CONSENT AGENDA
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Mayor Beauchamp referred to the items placed on the Consent Agenda,
.questioning,.whether-, there were : .any additions :v on deletions from
. either Council members or citizens present.• It was the'consensus
of.the Council to- remove the Council minutes 7 ,of.August.12 and Item
No.`. 12 from the. Consent. Agenda._.The - City Clerk then — read the
Consent .Agenda. items, including resolutions and ordinances by
title..It was MOVED. by Carmichael, seconded by Buchanan,: •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
t without further discussion. , -
*5. APPROVAL OF MINUTES OF THE COUNCIL MEETINGS OF AUGUST 19, AND 26,
1986
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The Council minutes of August 19 and 26, 1986 were approved, having
been duly certified accurate by two Council members and no one
present wishing to have said minutes read publicly.
A. COUNCIL MINUTES OF AUGUST 12
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Council member Barnett stated. he had requested the removal of the
August 12th minutes to -make an ,amendment..rto- Item 3= A: He:
the:second sentence In the paragraph regarding the Hanford Waste
Issue be deleted from the -official minutes as it doe's not
adequately summarize his report, and would be very restrictive.
With that revision, it was MOVED by Barnett, seconded by Foy, that
the August 12th minutes be approved as amended. Unanimously
carried by voice . vote. r ... _ _ r , ,
6. ;• :AUDIENCE PARTICIPATION.
Walter Lee; 1022 South 37th- Avenue, addressed.•Council :regarding the
'application made by - Ken Olson, to operate-a hour. convenience
store (a Class 3 Use). at 3707 West Nob Hill Boulevard. Mr. Lee
stated he has lived at this address for 32 years and:,the, residents
were told by the City during the 1960's that repairs to Nob Hill
Boulevard would be made. He indicated these repairs were never
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SEPTEMBER 9, 1986
done and questioned when they would be made. Mr. Lee stated he
would like to protest'the change to B -2 from R -1, stating he had
not received any notice��of the 'zone change, and he lives within 145
feet of the proposed convenience center. A petition containing 140
signatures of area residents ;7 opposirig' Mr. Olson's request for a
Class 3 use was presented to the City Clerk.
7. PUBLIC MEETING REGARDING APPEAL BY CLAYTON FRAZIER OF THE DECISION
MADE BY THE HEARING EXAMINER REGARDING THE REQUEST OF KEN OLSON.FOR
A CLASS 3-USE AT 3707 W. NOB HILL BLVD.
This being the time set for the public meeting on the appeal of the
Hearing Examiner's decision to approve a Class 3 Use at 3707 West
Nob Hill Boulevard, Mayor Beauchamp stated the purpose-of the
public meeting is to review all evidence presented to the Hearing
Examiner on July 25, 1986.
Council member Barnett indicated he had a technical question to ask Ill
of Assistant City Attorney Vanek. He pointed out that one piece of
material refers to today's meeting as a "public_ hearing ".when in
fact it is a "public meeting." He questioned if that factor would
have any bearing on today's proceedings. Mr. Vanek.assured Mr.
Barnett it would not. Supervising Associate Planner John Haddix
- - read the summary explanation and stated staff has nothing. further
to add at this time. Dick Smith, Attorney for the applicant, Ken
Olson, asked Council to what extent testimony_ will : be .permitted
's durin S toda 's =' - hearin Mr=: Vanek ` "the natu this
g � Y 9.:_
i meeting: -� is an "appeal : on `the 'record, the `record being the - testimony
that=, occurred before = the' Hearing Examiner', plus, any exhibits which
were provided to him; �in - 'addition to his - findings ,ofI f a ct and
-r conclusions-` of law. =Te stated the purpose' of � publ ic meeting is
to hear argument based upon—that records arid ri''
otto accept new
evidence, and explained there is a provision in the law for
remanding new evidence back to the Hearing' Examiner with
instructions to hearthat evidence and allow both _parties an
opportunity to present their case before the Hearing Examiner. Tom
Dohn, 201 East Lincoln, attorney for Clayton Frazier, stated the
material provided to him today regarding this issue indicates this
is a public meeting and not a public hearing as the notice from
staff indicated. Mr. Dohn urged Council to remand this matter back
to the Hearing Examiner for further consideration of new factual
evidence. A brief discussion ensued wherein it was reiterated that
the purpose of today's public meeting is to hear evidence
previously submitted to the Hearing Examiner.
At this time Mayor Beauchamp opened the public meeting for
testimony from those opposing the_decision of the Hearing Examiner. •
Clayton Frazier, 1017 South 37th Avenue, stated he is opposed to
the Hearing Examiner's decision and asked that Council remand it
back to the Hearing Examiner for further consideration. He
requested Howard Underwood present the argument against the
proposed convenience center.
Mr. Underwood, 3701 Parkway Place, stated he lives within one block
of the proposed business and is *e presenting' homeowners' 'in that
area. He indicated they have reviewed the Hearing Examiner's
Sri decision.and: area -appealing' that' decision based' on'tl e fact that the
-;:Hearing° Examiner's = decisYOn `failed "'to' acknowledge' the petition
containing 68 signatures, and the fact that r are two
similar businesses within two blocks, and five within one.mile of
_the-+ :proposed location'.* Mr".' Underwood stated the ' noise factor was
not addressed by the Hearing Examiner during the July 16th public
hearing. He noted this business will provide traffic noise
within 100 feet of a private residence in a B -2 zone and 400 feet
of four private residences in a R -1 zone. He stated 24 hour
operations have a increased burglary and insurance rates, thus
indicating the potential for crime to spread to this neighborhood,
a situation which the residents find undesirable. Mr. Underwood
stated the heading on the petition clearly stated "a petition
protesting the 24 hour operation of the project." He stated the
opposition is not against the establishment of a small convenience
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SEPTEMBER 9, 1986
.center, but rather the fact that the.business will.be open,24 hours
a day.
At this point Mr. Frazier indicated he and several of his neighbors
did not receive notice of the public hearing which had been held by
T
the- Hearing Examiner- Council, asked. ,staff .determine. Mr.
Frazier and the other opponents, , sp ■rs: - Jones, live
within 300 feet of the proposed convenience center. John'Haddix
stated Mr.•. Frazier.andMrs._Jones,live. outside the 300 feet area,
therefore, staff was not required to. notify ahem of, the.. hearing.
Dick Smith, 314 North 2nd Street, Attorney for Mr. K en Olson,
stated the , issue is.. not the rezoning of. property hich is, allowed,
but rather the construction of a small convenience center at 3707
Tieton Drive and Mr. Olson desires to- operate -on a 24 hour -a -day
basis. Mr. Smith pointed out that to the west there is a 7 -11
. Store which is open on a 24 hour basis; Nob Hill Bowling Lanes,
which is open until 2:00 a.m.; the Roto- Rooter Service which is
advertised as a 24 hour -a -day service in the Pacific Northwest
Bell Telephone yellow pages, and other businesses to the east which
are open on a 24- hour -a -day basis. Mr. Smith stated the Hearing
Examiner approved this request with appropriate site considerations
which consist of a six foot solid fence, shrubbery and screening to
establish that the lighting for the facility will .be properly
shielded so it does not impact the surrounding neighbors, and a
properly screened refuse disposal area that can be locked. He
'stated many- of the surrounding businesses. have not been required to
,sitescreen,,their property, to, this ex_ t_ ent.., He pointed , out ..that . the
Urban. Area Plan 'designates this area as an "auto oriented
commercial use ", therefore, the proposed use is justifiable. Mr.
Smith indicated his client is willing to comply with all of the
requirements pertaining to his proposed business and urged Council
to affirm the decision of the' Hearing _Examiner._ _ _
_Joe . Kreiger ,1104 South, , 48th .Avenue, .Unit, A, spoke in , support of
. thee project, s tating .,he { feels. the_ proposed business is„ we suited
for the proper w in: f question,, _and- added that it will the
property value in the area,,., �Mr., K reiger . .stat e d, \ t h ere JJ �
_are no
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objections on the part 6f • Mr. Olson or himself concerning
. stipulations ,placed on.the- project.,...
. Ken Olson, 3026 ..South 79th Avenue, proponent of the small
convenience center, stated he views this as an opportunity to
provide an extra service to the community. He indicated they will
carry items not _currently offered by the .7 -11 Store. Council
member Barnett. referred to the Examiner's Decision and asked Mr.
Olson if, the requirement to . provide a three foot wide planting
strip that will create a living evergreen screen at least, six feet
in. height within three years_ would be feasible. . Mr._ Olson
indicated.he did not believe it would take even three years for the
living evergreen screen to reach the required height. .
There being no one else desiring to speak to this. issue, the Mayor
closed - the : public meeting.. Council member Barnett pointed out that
on _page sixrof the, Hearing. ,s..Decision .Standard. B. relating
to sightscreening states the number of years should be three years
and not six as indicated under #10 of the Hearing. Examiner's
summary. He further stated should Council elect to approve the
Hearing: Examiner's decision it should be with the proviso that
- Standard ,B ; ,is , three ,years and n. ot_ , years, as. _indiated.._ A brief
discussi ensued in which Mr Vanek..stated - Zhe I believes the
ac ! reference to .the,^nuMber. years required, J for J the ,six_.feet,. height
r; ,� t , of the evergreen Screen. _ error, . and actually should read
ti three years. ,rat • t han, six 1 _It was. ; MOVED by Sparling,,. seconded by
Foy, .to ^ accept the decision of _the Hearing, Examiner,.. ith the
amendment to Standard B regarding the planting strip to read three
years. ..Council ,member Barnett commented that he, appreciates the
concern of the citizens on the zoning issue, however, the zoning is
not the issue before the Council at this time. He stated he would
support the motion. The question was called for a vote on the
motion. Unanimously carried by voice vote.
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SEPTEMBE - 9, ``1986 '
Mayor Beauchamp declared a brief recess at this time and then
reconvened to conduct the public meeting of the appeal of Jean
, Gunderson. . , .
8. PUBLIC MEETING REGARDING APPEAL BY JEAN GUNDERSON OF THE DECISION
MADE BY THE HEARING EXAMINER REGARDING THE REQUEST OF LYNN BATES
FOR A CLASS 3 USE AT 903 SO. 41ST AVENUE.
This being the time set for the, public meeting on the appeal of the
Hearing Examiner's Decision by Mrs. Jean Gunderson,' Mayor Beauchamp
requested staff make opening statements. Supervising Associate
Planner John Haddix reviewed the cover sheet and stated staff has
nothing further to add at this time. Prior to the Mayor opening
the public meeting for testimony, Council member Barnett questioned III
- . whether the Hearing Examiner' has actually made a final decision
since his summary states he will conduct another_ hearing_ in May.
Vanek''stated under 15.15.040.4 states', "the Hearing Examiner
may attach conditions to his approval in order to assure the
development is consistent with the intent of this title, the zoning
district, the development. standards and the other provisions of
this title." He further explained that, the Hearing Examiner has
`granted the ' Class' 3 i Use `with certain 'conditions concerning the
impact of the senhnary`be' subje'ct to a- rehearing in a years time
- Cou . member B -- questioned - whether - or not.. the parking issue
would' have to Abe resolved at 'th'is' tune since the - ordinance 'states,
the off- street parking arid'`;"loading _ _ -by this
section shall be established prior to a ny change in `the use'-of land
or structures and /or prior to the occupancy of any new or enlarged
' . ` structure" . Mr . 'Vanek stated he would need to research that issue
prior to rendering an opinion. ,
At this time Mayor Beauchamp opened the public .meeting for
testimony on this appeal.
Jean Gunderson, 905 South 41st stated she would like to
contest the change of use for the home at 903 South 41st Avenue for •
seminary classes and offices for personnel. She stated they have a
full facility within two blocks of the home they wish to purchase,
and further stated the area is residential and is not compatible
with a school or offices. She indicated the neighborhood has grown
up around Eisenhower High School which has defined borders with no
threat of intrusion' into. the residential area. Mrs. Gunderson
- stated she had been told by a realtor that her property value will
`'decrease if''the school' is allowed to `operate iri' the. neighborhood.
Objections were also voiced concerning noise pollution and
increased traffic congestion. She also stated the change is
inconsistent with the residential landscape, noting the front lawn
will be changed to a parking lot. Mrs. Gunderson stated the
neighborhood• is primarily retired persons 'and' of residents
` have signed' _a' petition opposing sthe l operation`'of the seminary for
various 'reasons..: - `'
Yc r Shirley 'Mackenzie,'' b 911. 1 South 41st`' - Avenue, '''stated' she- = is in
agreement with all of Mrs. Gunderson's`•statements Mrs Ma ckenzie
indicated there is currently a severe parking problem with students
Parking' on the stre in ' fr`ont ' of 'the residences and sometimes
' preventing mail delivery.., -
Don Holloway, 907 South 41st Avenue, informed Council some of the
neighbors conducted a survey and obtained signatures from 99% of
the residents opposing the proposed seminary. He stated there are
twelve property owners also adamantly opposed to the idea of a
seminary class being conducted at this location. Mr. Holloway
stated he feels the students should be able to walk two blocks to
attend a seminary class at their church, thus leaving the
residential neighborhood undisturbed. Mr. Holloway stated he does
not feel the property owners were given any consideration regarding
this proposed seminary.
Gloria Salatino, 904 South 40th Avenue, spoke in opposition to the
proposal due to the noise factor' generated sby 30 -40' students
congregating each morning for seminary class. She indicated the
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SEPTEMBER 9, 1986
residents. ,contend. with the...noise and,; activity : from the students
throughout •the •day as well 'as_ having to pick up 'litter strewn about
the neighborhood. .
Carol 909 South 41st Avenue, -. spoke. in opposition to the
seminary stating she feels it will. only add'to the current. parking
problems already experienced. by residents - in the ;area. She
indicated there have been times in the past when the carrier has
been- unable to deliver mail due student's vehicles being parked in
front of the. mailboxes.
Ted Haubrich, 908 South 41st Avenue, stated he has lived in the
neighborhood for over fifty years and proceeded to give the
development history of the area. Mr. Haubrich stated he
originally developed the area as R -1 with the intent of building
single family residences, but was later approached and asked to
build some apartment buildings to house the area's school teachers.
Mr. Haubrich explained how the apartment buildings were designed in
such a manner as to blend in with the surrounding single family
homes, and added he would like to see the area remain R -1.
Bob Reynolds, Second Counselor, Selah,,.Washington, StakeChurch of
the Latter -Day Saints, spoke in favor Stake„ Church
of the proposed seminary,
• explaining he is responsible for .the-.religious-education of the
young people in the Selah and Yakima area. Mr. Reynolds indicated
he believes the proposed location of 903 South 41st Avenue is the
most - suitable of all the locations which had been considered for
the seminary due :,the close,Proximity. ,of. _ High ,School . He
• explained the::students attending the seminary classes-(for one hour
a day) :regularly attend Eisenhower High .School. Mr. ..
- -- responded to Council's inquiries .and further stated 'it' is his
intent to,comply.with all of the City Building, Sign and Zoning
todes in relationship to. :the proposed seminary. :
Ron Zeller, 6514 West Chestnut, spoke in favor of the proposed
seminary stating the purpose in selecting this location.is for the
convenience of the students attending Eisenhower High School. He
stated this location allows the students the time needed to get to
and from their other .classes without being tardy. Mr. Zeller
argued that in order to get to the seminary class the students
currently cross 40th Avenue, a dangerous and busy intersection. He
urged Council to approve the request.
. Phil Pleasant, 1202 Fair, spoke in favor of allowing the seminary
to operate at 903 South 41st Avenue, and commended Mr. Reynolds for
the religious education of the young people in the Yakima area.
At this time Mayor Beauchamp re-opened the public meeting to allow
further testimony from,opponents of .the, ; seminary.....
Vincenta Smith, 1116 South 33rd Avenue, spoke in opposition of the
seminary classes. Mrs. Smith stated the students are given credits
to attend these religious classes and Eisenhower High School is
being used to infiltrate Mormonism into the area.
Gloria Salatino, 904.South 40th Avenue, stated -she is hot.against
the Mormon church, however, she does not wish.to have this class in
- the neighborhood .when the church is'.only two-blocks away:
There being no one else. present • to speak for or against the
proposed seminary,. Mayor 'Beauchamp - closed_ the - .public.. meeting.
Assistant City Attorney. Vanek reviewed Council's options as
outlined in the staff_report stating,Council.may. "adopt, amend and
adopt., reject., _ reverse,., ,amend and .,reverse, ..,the.,_,_ findings,
conclusions and decisions of the Hearing Examiner." It was MOVED
by Foy, seconded by Barnett, to support the Hearing Examiner's
position. _Council member Barnett stated he seconded the motion
because most of the questions raised appear to be items which must
be-,resolved. -at a later. date. Mayor Beauchamp relinquished the
gavel to Assistant. Mayor.Barnett to address this issue. He stated
he cannot support the request for the following- reasons: 1) the
encroachment of another school into the neighborhood to conduct
384
SEPTEMBER 9, 1986
daily seminary classes is unacceptable, 2) the need for classrooms
is currently being met by an existing facility located two blocks
away, that being the Mormon church, 3) property owners in the area
have been given the opportunity through the process provided in the
Urban Area Zoning Ordinance, to oppose the operation of the daily
seminary, and have adamantly done so, 4) the seminary students
will only add to the parking and traffic congestion problems
currently experienced in that area, and 5) high school students
should be capable of crossing 40th Avenue to get to and from class
in a responsible'and timely manner.'Council member Foy commented
that it is always difficult to make a decision changing the mode
for which property is used. He..s,tated in the past the area was
rezoned from R -1 to R -3 to allow construction of apartment
complexes to house school teachers. Mr. Foy indicated the •
application states the property is to be used to conduct daily
seminary classes, and the guidelines of the Urban Area Zoning
' ' ' Ordinance permit this` 'type ,, use `in` an' zone.' Based on the
_ - 7 criteria of the Urban Area .Zoning Ordinance, he believes the
Hearing Examiner•has „ruled appropriately. The'question was called
for a vote on the motion. Carried by 5 -2 voice vote. Beauchamp
and Sparling voting nay._Assistant_ Barnett returned the
gavel to Mayor Beauchamp. .
9. • CONSIDERATION OF RESOLUTION ,REGARDING HAZARDOUS VEGETATION AND
DEBRIS ABATEMENT PROGRAM
Bob Shampine, Code Administration Manager, was present and stated
this is a routine matter which has previously come before Council
on numerous occasions, and staff has nothing further to add to the
report. There being no citizen present to contest this resolution,
and the resolution having been read by title, it was MOVED by
Berndt, seconded by Carmichael, to adopt the first resolution.
Unanimously carried by roll call vote.
RESOLUTION D -5293, A RESOLUTION authorizing the Code Administration
Manager to clear certain weedy lots.
10: CONSIDERATION OF RESOLUTION AUTHORIZING OF CONTRACTS FOR
- THE CBD PLANNING PROGRAM (INFORMATION AVAILABLE MONDAY EVENING)
This item was removed from the agenda by staff.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT
TO THE CONTRACT WITH CH2M HILL' FOR' ADDITIONAL'''SERVICES'' FOR THE
RATTLESNAKE PROJECT /FERC LICENSE
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. RESOLUTION D -5294, A RESOLUTION authorizing the ,City Manager and
' - City °Clerk of the of Yakima to * execute an, agreement with CH2M
Hill for professional engineering services.
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12.! CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT
DEED TO THE YAKIMA HUMANE SOCIETY
Council member Buchanan stated he is disturbed by the fact the
Humane Society is requesting the City reduce the market value of
the. easement (from the City of Yakima) to construct, maintain and
operate a private sewer system in the location of the City's
Wastewater facilities property. He stated two years ago the Humane
Society expended a lot of money to install a septic system in order
to avoid paying to connect to the City's Sewer line. He indicated
that septic system has since failed and now they must connect to
the sewer system. Mr. Buchanan stated he is uncomfortable with
their present request to the City for a reduction in the assessed
market value of the property under consideration for the easement.
' The resolution having been read * by tit1e, was MOVED by'Sparling,
seconded by Berndt, th the resolution be :adopted. Carried by 4 -3
roll call vote. Buchanan, Carmichael and Foy voting nay.
RESOLUTION D -5294, A RESOLUTION authorizing the execution of an
easement deed with the Yakima County Humane Society, aka The Humane
Society of - Central Washington. ' • - -
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SEPTEMBER I986
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k13:1 CONSIDERATION OF :RESOLUTION=RATIFYING APPLICATIONoFOR WORKS
' TRUST FUNDS FOR'. CITY PROJECTSi FOR 19861::( _ .'n , -,-H- ,,
RESOLUTION D- 5290, A RESOLUTION ratifying the submission by the
City' of Yakima of a loan application for ,Public , Works Trust Funds
with the Public Works Board. of the Department of_ Community
''Development of the State of Washington.
.( *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
FOR LEGAL SERVICES FOR CONDEMNATION OF 40TH AVENUE /SUMMITVIEW
PROJECT
RESOLUTION D -5291, A RESOLUTION authorizing hiring the law firm of
Lyon, Beaulaurier, Weigand, Suko'&— Gustafson for legal services in .
connection with 40th Avenue and Summitview Intersection Improvement
Project.
*15.. CONSIDERATION OF RESOLUTION AUTHORIZING, RATIFYING, AND ADOPTING
THE APPLICATION AND ACCEPTANCE OF FEDERAL ASSISTANCE BY THE YAKIMA
' • i , FAIR TERMINAL''BOARD ; , ), , '-:f1 1 - , , '1. --ii—r. .1,-.
RESOLUTION D -5292, A RESOLUTION authorizing the Chairman of the
Yakima Air Terminal Board to execute Federal Aviation
Administration grant documents. •
*16. APPROVAL OF A RIGHT -OF -WAY USE PERMIT FOR THE'YAKIMA :MAL'L'r!
_;O :' =: rTher.-ir"ight- of =wayi userrlrpermit; requested:: byi. Richard - Frenzel to
r? construct ' an='- enclosed' stairwell • , at ., ': the i Yakima °Mall_ to -the Dos
Primos Restaurant, was approved: '. ,:t, ': ;
*17. SET DATE ''OF PUBLIC MEETING FOR APPROVAL OF .: ABRAMS vPLAT FOR
SEPTEMBER 16, 1986 ` •
September 16, 1986 was set as the date of public meeting on the
final plat for Bellevue Manor, as requested by Myron Abrams.
*18. APPROVAL OF OUT -OF -STATE TRAVEL FOR TOM FIELDSTEAD, FIRE
DEPARTMENT, TO EMMITSBURG, MARYLAND
The out -of -state travel request for Tom Fieldstead, Fire
. Department, to attend a training course, September 28, 1986 to
. October 10, 1986,.in Emmitsburg, Maryland, at a cost of $132, was
' approved. _.
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*19. CONSIDERATION OF AN ORDINANCE APPROPRIATING FUNDS FOR THE PARKS
t DIVISION (FIRST READING) �.�
An ordinance appropriating; funds for the Yakima Valley Slow Pitch
Association . program in the'Parks Division, having been read by
title, only at this, meeting was laid on the table for one week or
until September 16,. 1986.
II 20. OTHER BUSINESS ..`
City Manager Zias stated he has received a memorandum from Dennis
Covell, Director of Engineering and Utilities, asking
for Council's assistance with respect to the street project in
connection with the sewer work on 72nd and 80th Avenues. Mr. Zais
requested that some of the Council members volunteer to meet with
the County Commissioners and City staff to discuss the issue. It
was the consensus of the Council that Mayor Beauchamp, Council
member Barnett, Council member Foy, City Manager Zais, and Dennis
Covell meet with the County Commissioners regarding discussion of
this matter. Council member Berndt agreed to act as an alternate
representative from Council.
Council member Barnett voiced his concerns about the process of the
appeal to the Hearing Examiner's decisions, relating to receipt and
packaging of the material. Council member Sparling questioned if
the $90 appeal fee is adequate to cover staff's cost to prepare for
the appeal and to deter frivolous appeals. Responding to Council
386
SEPTEMBER 9, 1986
member Carmichael's inquiry as to whether there is a legal
requirement that Council listen to the audio recording of the
Hearing Examiner's public hearing, City Manager Zais stated it is
the Legal Department's opinion that Council is not required to do
so. Council member Berndt interjected that staff tends to wander
away from the microphone during their presentation, and not all of
their comments are audible. Council member Carmichael asked that
in the future staff label the material and place it in some type of
order for Council to review. Council member Foy suggested the
items be clarified by numbering prior to being delivered to
Council. Discussion continued on increasing the fee for filing an
appeal to which Assistant City Attorney commented that the matter
- ' - scan_ be _researched, however,. of _an deny
, access to} rights ofr,citizens ;who do-not haver ,the funds - -to.1f ile an
rr ;; :appeal.: r Mr- • -Vanek - stated, • on a ,positive note:, ,citizens, coming
forward to speak were making argument on the basis, of the facts.
He asked Council to present any legal questions to him in advance
of the Council meeting to allow him time to•research; the- i•ssue.,
Council member Buchanan referred to the Monthly .Minority Business
Report from the Office of Housing & Neighborhood Conservation in
which' it lists a contract for $152. He questioned 'why staff is
awarding a contract for such a small amount. City Manager Zais
stated he would check with staff and report back to Council.
Information items
Items of information supplied to Council were: Memo from Chief of
Police regarding Increased Assumption of. Medical Costs Incurred by
Jail Inmates. 9/3/86; Memo from Housing Supervisor regarding
Minority Business Enterprise Report (MBE). 9/4/86; 1986 Community
Development Block Grant Monthly Report* for August 1986; Minutes
of the August 7, 1986 Civil Service Commission meeting; and Minutes
of the August 19, 1986 Greater Yakima Constitution Bicentennial
, Committee - meeting. - - : ± •
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21. . ADJOURNMENT
There being no further business to come before the Council, it was
MOVED by Berndt, seconded by Carmichael, that this meeting be
,adjourned at the hour of ,5:12 p.m. s.
READ AND CERTIFIED ACCURATE BY � _ I�
COUNCIL MEMBER D DATE'
ATTEST: ' 1l /of,„di- - } Li
COUNCI MEMBER DATE
CITY CLERK M AY O
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MINUTES PREPARED BY c ,1,4014:e�. _
DEPUTY TY CLERK
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