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HomeMy WebLinkAbout03/23/1993 Business Meeting 190 CITY OF YAKIMA, WASHINGTON MARCH 23, 1993 BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 p.m. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat Berndt, "presiding, Council Members Clarence,Barnett, Henry Beauchamp, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. Council Member Bill Brado absent and excused. City Manager Zais, City Attorney Vanek, City Clerk Roberts, and Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Invocation was led by Council Member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Dr. McLaughlin introduced Korama Williams and Alfonso Garza, students from Davis High School participating in the Leaders Investing For Tomorrow (LIFT) program. Mayor Berndt welcomed them and invited their participation. A. PROCLAMATIONS Mayor Berndt proclaimed March 28th through April 3rd as Drug and Alcohol Awareness Week with "The Key is Me in '93" as this year's theme. She urged all citizens to acknowledge those involved in prevention efforts and to highlight drug free activities Ester Huey thanked the Council for its continuing support of the programs the Yakima Substance Abuse Coalition is involved in. 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Brado absent. (Subsequent paragraphs preceded by as asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 191 MARCH 23, 1993 *5. APPROVAL OF MINUTES OF THE MARCH 2, 1993 ADJOURNED MEETING The minutes of the March 2, 1993 Adjourned meeting, were approved, having been duly certified accurate by two Council Members and no one present wishing to have said minutes read publicly. Item No. 8 was discussed out of sequence of the agenda. 8. AUDIENCE PARTICIPATION A. APPEARANCE BY SHIRLEY DOTY Shirley Doty, 617 Friedline Road, presented a proposal that included consideration of a resolution to withdraw the Wide Hollow Annexation and to establish an annexation policy with respect to the West Valley area. There was further discussion and comments among Council members regarding a recent letter that outlined the same thing as the proposed resolution. Resolution No. R- 93 -17, having been read in its entirety, it was MOVED BY BEAUCHAMP, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. Mary Place, 5710 Mary Lane, encouraged Council members to pass the resolution. The motion carried by unanimous roll call vote; Brado absent. 6. PUBLIC HEARING ON ORDINANCE AUTHORIZING ISSUANCE OF BONDS TO FUND HOME PRESERVATION PROGRAM This being the time set for a public hearing, Dixie Kracht, Block Grant Manager, explained the purpose of this hearing is for Council to receive comment and consider the issuance of bonds to fund the Home Preservation Program. She provided information about the program operation of the Housing Five - Year Financial Plan. These funds will be used to assist in the rehabilitation of single family homes within the City of Yakima which are owned and occupied by low - income families and will also payoff two existing long term loans. The amount will be repaid with program income received from applicants issued loans by the Housing Division. In order to answer a question from Council Member Beauchamp, Ms. Kracht explained how the existing bond is currently being repaid. Mayor Berndt opened the public hearing for comments. There being no one wishing to speak, the hearing was closed. 2 192 MARCH 23, 1993 Ordinance No. 93 - 11, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, THAT THE ORDINANCE BE PASSED. The motion carried by unanimous roll call vote; Brado absent. ORDINANCE NO. 93 - 11, AN ORDINANCE of the Council of the City of Yakima, Washington, providing for the issuance, sale and delivery of Limited Tax General Obligation Bonds for the purpose of funding a program for rehabilitation of single- family owner - occupied residences; authorizing the execution of bonds of the City in the principal amount of not to exceed $200,000; providing for the disposition of the proceeds of such bonds; fixing the form, interest rate, terms, maturity and covenants of such bonds; and creating a fund from which the principal of and interest on such bonds shall be paid. 7. JOINT PUBLIC MEETING WITH YAKIMA COUNTY COMMISSIONERS TO REVIEW URBAN AREA ZONING ORDINANCE TEXT AMENDMENTS Mayor Berndt welcomed County Commissioners Charles Klarich, Bettie Ingham, and Jim Lewis who were present for the Joint Public Meeting. This being the time set for the Joint City /County Public Meeting, Mayor Berndt yielded the gavel to Commissioner Klarich, Chairman of the Board of Yakima County Commissioners, who called the Public Meeting to order. He explained the purpose of this Public Meeting is to consider proposed text amendments to the Urban Area Zoning Ordinance, which have been reviewed by the Regional Planning Commission through a number of public hearings. Don Skone, City Planning Division Manager, presented a brief overview of the lengthy process to develop the amendments, and described the important roles the Regional Planning Commission, the Urban Area Joint Board, and the Yakima Area Technical Advisory Committee had in that process, as well as referencing the Joint Planning Agreement between the City of Yakima, Yakima County, and Union Gap. He further explained that the proposed text amendments came from a series of work sessions that included participation from the community, elected officials, and industry representatives. Tom Durant, Yakima County Planner, and Joan Davenport, City Supervising Associate Planner, outlined the recommended 3 193 • MARCH 23, 1993 changes with reference to a booklet entitled "Urban Area Text Amendments -- Proposed Changes to the Yakima Urban Area Zoning Ordinance." After considerable discussion, comments, and questions regarding the various recommendations, Commissioner Klarich opened the Public Hearing and asked for anyone wishing to comment. Jerry Foy, from Pioneer National Bank and representing financial institutions, and Larry Marvin, with Yakima Federal, individually commented their opposition to the requested changes to "Drive Through Facilities" listed on page 6 of the booklet. They explained the current level of review is satisfactory because financial institutions are sensitive and responsive to the needs of the neighborhood. John Puccinelli, 314 North First Street, commented on "Abandoned Signs" on page 23. He disagreed with the 30 day time frame regarding abandoned signs because it is just not enough time. Since signs are very expensive, it can create a hardship for small businesses if signs cannot be left standing. Mr. Puccinelli also explained that it is unclear what sign removal steps are required when a business closes. He felt that if a business person keeps his business license active, he should be allowed to keep his sign. He also commented about leaving the face . of the sign in because it looks horrible when it is left bare. Council Member Semon asked Staff why the abandoned sign issue came about. Joan Davenport explained the relationship of this issue to the Uniform Sign Code, which has to do with structural maintenance of the sign; and the Urban Area Zoning Ordinance, which has to do with the use and compatibility of the neighborhood. She further explained that the definition of abandoned sign is different in each reference, and a series of letters were presented to the Regional Planning Commission from a citizen concerned with the visual impact of abandoned signs. Ms. Davenport explained that it was not the intent of the proposed amendment to take down the sign cabinet. There was a considerable amount of discussion among Council members about the abandoned sign issue. Jeff Loudin, Maid -O- Clover Corporation, commented on several related issues regarding signs including removal of signs, the size of the sign area and heights of signs, and permitted 4 194 MARCH 23, 1993 improvements of existing signs. There was discussion among Council members and Commissioners regarding nonconformance of signs, page 30. Dave Dwinell, President, Dwinell's Central Neon, Inc., concurred with both Mr. Loudin's and Mr. Puccinelli's comments regarding the time frames for prohibitive and abandoned signs. He suggested a time frame of at least six months. He referred to page 29 of the booklet and commented that it would be difficult to enforce the proposed Sign Maintenance provisions. He suggested a better definition of "visual blight" be considered. He referred to page 30, Wall Signs, if the 12 inch maximum projection requirement was relaxed, they could enhance the creativity of wall signs through design and different types of materials. It was unclear to him what the meaning was of the requirement that the background of the sign be painted to match the message of the building. From a sign industry standpoint, it's to the customer's benefit that the sign be left because the cost to replace a sign is substantial. He offered a glossary of terms that are standard to the sign industry for the City's and County's use. There was a considerable amount of discussion among Council members and Commissioners regarding the number of public hearings held so far on the sign issue, and whether there is a need for additional consideration. Phil Lamb, Hearing Examiner, suggested guidelines be set regarding what "visual blight" means. The Urban Area Zoning Ordinance generally does not deal with aesthetics very well. Darrell Paulson, Director of Operations at Heath Northwest, Inc., agreed with David Dwinell's comments regarding the proposed abandoned sign provision. If the intent was to remove a dangerous sign, then it would be adequate, but if the intent was to remove a sign from a closed business, then 30 days is not enough time. He opposed the exemption of canopy and awning signs referred to on page 28. Nolan Shide, with OB Outdoor Advertising, Eugene, Oregon, supported the passage of the billboard section of the Zoning Ordinance. He answered a question from Council Member Barnett regarding the verbiage of the Billboard standards by explaining this language on page 31 is a grand compromise of a previously restrictive ordinance. 5 195 MARCH 23, 1993 Larry Mathews, 805 South 17th Avenue, commented about Bed '& Breakfast Inns, page 37. He questioned the amount of change in this section and commented that it would be an economic restriction favoring existing businesses and would tend to limit competition. There was considerable discussion among Council members and Commissioners regarding the intent of the proposed changes in the Bed & Breakfast Inns section. Mike Taylor, 2205 West Chestnut, owner /operator of the 37 House, described his particular parking situation with his business in a B -1 zone. . Bea McKinney, Manager of 37 House, suggested clarification of home occupied inns language, additions to existing buildings, and serving meals to guests only. Phil Lamb, Hearing Examiner, referred to page 38, and asked if it is the intention that the reviewing official can authorize use of a Bed & Breakfast in the R -1 zone operated as a home occupation for reception purposes if it seems to be compatible under the circumstances. Joan Davenport explained that reception halls are separated from Bed & Breakfasts because of reception use restrictions unless it could be shown that there is adequate parking and how it would impact the neighborhood. Geri Vance, Irish House, supported passage of the proposed amendments. Tom Durant presented a memorandum from Dick Anderwald, Director of County Planning, concerning some confusion that may result from the way the Table 4 -1 on page 9 handles jails and detention centers. There would be one definition rather than two definitions. It was MOVED BY INGHAM TO CLOSE THE PUBLIC HEARING, DIRECT STAFF TO PREPARE A LANGUAGE SHEET BASED ON THE DISCUSSION OF THE PUBLIC HEARING TESTIMONY, AND RECONVENE AT A LATER DATE. LEWIS SECONDED AND KLARICH CONCURRED. It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO CLOSE THE PUBLIC HEARING, DIRECT STAFF TO PREPARE A LANGUAGE SHEET BASED ON THE DISCUSSION OF THE PUBLIC HEARING TESTIMONY, AND RECONVENE AT A LATER DATE. The motion carried by unanimous voice vote; 6 196 MARCH 23, 1993 Brado absent. There was a consensus among Council members and Commissioners to meet again in two weeks. 9. STATUS REPORT ON THE SELAH YVT SYSTEM TRACT RELOCATION Glenn Rice, Assistant City Manager, briefly summarized the events of this issue and indicated that the City of Selah had submitted a proposal with respect to a possible settlement. There was discussion among Council members and staff concerning the preliminary recommendations regarding Selah's proposal. If the concept was adopted, then the language of the specific provisions would be drafted. John Sweesy, Mayor of the City of Selah, explained they would like to see the City of Yakima accept the proposal in concept, because he realizes the language is in general terms. Mayor Sweesy described the location of the proposed site. Ken Johnson, Yakima Interurban Lines Association, reported that according to a new estimate, the cost for relocation of the tracks would be considerably less than previously stated. He requested that this factor be considered because it has not been fairly evaluated in the past. In answer to a question from Council Member Semon, Mr. Johnson stated that, in his opinion, the City of Selah should be responsible for the cost of relocating the tracks because it is their project. Mr. Johnson further explained the concerns of the Yakima Interurban Lines Association with respect to losing a significant part of the historical character of the railroad. He explained that they would lose approximately 25% of their income due to lost trips if the tracks are not relocated. There was discussion and comments among Council members regarding the cost of track relocation and wondering what historical significance there would be by moving the tracks such a short distance. Referring to a handout he provided, Mr. Johnson presented the Yakima Interurban Lines Association's proposed changes in wording in paragraphs three, eight, and nine of Selah's document, as well as indicating reasons for the changes. 7 197 • MARCH 23, 1993 Paul McMurray, attorney representing the Yakima Interurban Lines Association, 120 North Naches Avenue, referred to the three pending lawsuits and explained that if the City decided to accept the concept that is being presented today by Selah, the Association would ask as a condition that Selah and Yakima agree to strike their various motions they have in the legal action right away. There are a number of legal deadlines that are approaching for filing of various paperwork and it will cost a substantial amount of time and legal expense. Ray Paolella, Assistant City Attorney, explained it would really make a good deal of sense to put a hold on the litigation if the concept is agreed upon; otherwise, considerable resources and time will be spent - - within the next couple of days. Mayor Berndt reiterated that if this were to be approved, it would be subject to Selah's withdrawing, or putting it on hold, until it is all ironed out. Mayor Sweesy commented that it can be discussed tonight . at their City Council meeting, and he didn't think it would be an issue. He commented about the new cost estimate for the relocation of the tracks, and further commented about how it would affect the proposed settlement if the tracks were moved onto public right -of -way. It was MOVED BY SEMON, SECONDED BY BARNETT, TO ACCEPT IN CONCEPT THE MEMO OF UNDERSTANDING THAT SELAH HAS SENT; TO INSTRUCT THE ATTORNEYS TO TAKE THE APPROPRIATE ACTION THAT ALLEVIATES THE LEGAL EXPENSES THAT MIGHT BE A RESULT OF THIS PROVIDING THAT THE PENDING MOTIONS ARE STRICKEN FOR A 30 DAY PERIOD OF TIME. The motion carried by - 5 -1 voice vote; Beauchamp voting nay; Brado absent. Council Member Barnett inquired about discussing the concerns expressed by the Interurban Lines Association. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH BIG BEND COLLEGE FOR FAA REQUIRED AIRCRAFT DISASTER TRAINING RESOLUTION NO. R- 93 -18, A RESOLUTION authorizing the execution of a contract to provide instructional services with Big Bend Community College. 8 198 MARCH 23, 1993 *11. CONSIDERATION OF RESOLUTION AMENDING THE 1992 -1994 AFSCME COLLECTIVE BARGAINING AGREEMENT RELATING TO THE HEALTH CARE PLAN RESOLUTION NO. R- 93 -19, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to sign an Addendum to the 1992 -1994 collective Bargaining. Agreement with the Washington State Council of County and City Employees Local 1122 of the American Federation of State, County and Municipal Employees, AFL -CIO as to amendments to the Division 7 (AFSCME) Healthcare Plan. *12. APPROVAL OF FEBRUARY 1993 BUDGET REPORT . The February 1993 Budget Report was accepted. *13. CONSIDERATION OF ORDINANCE AMENDING THE SICK LEAVE POOL FOR MANAGEMENT AND AFSCME EMPLOYEES ORDINANCE NO. 93 -12, AN ORDINANCE relating to personnel and leaves of absence, expanding eligibility in sick leave pools and providing for transfer of hours between the pools; and amending Sections 2.40.110 and 2.40.120 of the City of Yakima Municipal Code. *14. SECOND READING OF ORDINANCE AMENDING THE 1993 BUDGET AND APPROPRIATING FUNDS FOR 1992 YEAR -END ENCUMBRANCES An Ordinance amending the 1993 budget and appropriating funds for 1992 year -end encumbrances, having been read by title at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 93 -13, AN ORDINANCE amending the 1993 budget for the City of Yakima; making appropriations for 1992 year -end encumbrances from unappropriated fund balances within various funds for expenditure during 1993. 9 199 MARCH 23, 1993 *15. FIRST READING OF ORDINANCE AMENDING THE 1993 BUDGET AND APPROPRIATING FUNDS FOR ELECTION EXPENSES (No formal action required this meeting) An Ordinance amending the 1993 budget and appropriating funds for election costs, having been read by title only, was laid on the table for three weeks, until April 13, 1993. 16. OTHER BUSINESS • Marketa Oliver, Administrative Assistant to the City Manager, presented a Legislative Update concerning critical issues in Olympia that will affect the City of Yakima. There was a general consensus among Council members to schedule two half -day retreat sessions with the Yakima County Commissioners rather than one full day. Staff was directed to bring back proposed amendments to the snow control ordinance, to include an escape clause for people out of town; with the first infraction being a warning. • Information Items: Items of information supplied to Council were: Notice of hearing on Airport Master Plan scheduled for March 31, 1993 at 7:00 pm, Holiday Inn. 3/17/93; Letter from County Commissioners. to Terrace heights Resident regarding consolidation of 38 domestic water systems. 3/9/93; Pretreatment Quarterly, Volume 3, 1st Quarter 1993; Monthly Report of the Chief of Police for February 1993; Yakima County Development Association Monthly Report for March 1993, minutes of the February 18, 1993 Board of Director Meeting, and In Our Scope newsletter, March 1993; Office of Housing and Neighborhood Conservation Monthly Report for February 1993; Minute of the Yakima Youth Commission March 1, 1993 meeting; Hearing Notice from State Department of Ecology on Local Air Quality Regulations for Skagit, Island and Whatcom Counties; and State Department of Community Development quarterly publication, About Growth; Spring, 1993. 17. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING AND PROSPECTIVE LITIGATION WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Brado absent. 10