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HomeMy WebLinkAbout01/07/1997 Business Meeting 2:62 CITY OF YAKIMA, WASHINGTON JANUARY 7, 1997 BUSINES 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 Lynn Buchanan presiding. Council Members Clarence Barnett, Ernie Berger, John Klingele, John Puccinelli, and Bernard Sims present on roll call. Council Member Henry Beauchamp absent and excused. City Manager Zais, City Attorney Paolella, and Acting City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Mayor Buchanan read a Proclamation declaring the week of January 12 -18, 1997, as Jaycee Week with Michael Forbes accepting the Proclamation. • 4. CONSENT AGENDA Mayor Buchanan referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. It was the general consensus of the Council to add Agenda Item No. 9 to the Consent Agenda. The Acting City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY KLINGELE, SECONDED BY PUCCINELLI, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. ENVIRONMENTAL EXCELLENCE AWARD TO BE PRESENTED BY DEPARTMENT OF ECOLOGY Pat Spurgin, the Regional Director for the Washington State Department of Ecology, recognized Paxton Sales Corporation for its excellent effort to maintain and enhance environmental quality in the Yakima Railroad area. He summarized the basis of the award and described the circumstances surrounding the ground water contamination problem. Mr. Spurgin directed attention to the positive example set by Paxton Sales Corporation for dealing with hazardous waste and toxic cleanup laws. He denoted the significance of Paxton Sales Corporation's management of the bottled water delivery program while homes in the area were 263 JANUARY a 7 , . 1997 connected to an alternate water supply provided by the City of Yakima. In addition this small machine shop investigated its property to assure it does not contribute to ground water contamination in the Railroad Area. In conclusion, Mr. Spurgin presented Reuben Lair, Co -Owner of Paxton Sales Corporation, with a plaque and thanked the City for providing the forum for the special presentation. 6. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR ALPINE COURT SEWER LID #1053 This being the time set for the public hearing, Al Rose, Project Engineer, was available to answer questions from the Council or the public. The Alpine Court Sewer Local Improvement District (LID) was formed to finance the construction of a new sewer main to connect Alpine Court to the sewer main on North 88th Avenue, just south of Summitview Avenue; the area supplied was completed early this summer. Mr. Rose reported there is one letter of concern, and he has discussed the situation with the citizen. Mr. Rose also reported one family has connected to the sewer, and there are others who are interested. Mayor Buchanan opened the public hearing and asked for any comments from the public. There being no one interested in speaking, he closed the public hearing. Ordinance No. 97 -1 having been read by title only, it was MOVED BY SIMS, SECONDED BY BERGER, TO PASS ,THE ORDINANCE. The motion carried by unanimous voice vote; Beauchamp absent. ORDINANCE NO. 97 -1, AN ORDINANCE of the City of Yakima, Washington, approving and confirming the final assessment roll for Local Improvement District No. 1053, which has been created and established for the purpose of paying the cost of certain sewer system improvements; and levying and assessing the amount thereof against the lots, tracts, parcels of land and other property shown on said roll. 7. PUBLIC MEETING TO CONSIDER REZONE APPLICATION FOR PROPERTY LOCATED IN THE VICINITY OF POWERHOUSE ROAD (YAKIMA WIRE WORKS) (See Previously Distributed Material) This being the time set for the public meeting, Dan Valoff, Associate Planner, briefly summarized the rezone application submitted by Gary and Rita Germunson and Philip Mills, d /b /a/ Yakima Wire Works. The 0.77 acre property is to be rezoned from R -1, Single- Family Residential, to M -1, Light Industrial, and is located at 3601 Powerhouse Road at the Castlevale intersection. The purpose of this rezone is to provide the continuation of the existing industrial activities consisting of Yakima Wire Works and a silk - screening business, established in 1946. The Hearing Examiner recommends approval of the rezone. The staff recommendation is to uphold the Hearing Examiner's recommendation on this rezone application and direct City legal staff to prepare the appropriate legislation. After brief discussion and comments about the rezone request and several questions from Council members to staff concerning 2 264. JANUARY 7, 1997 the history of the proposal, the existing use and zoning of the property, Mayor Buchanan opened the public meeting. Vernon Fowler, attorney on behalf of the property owners, encouraged the Council to follow the Hearing Examiner's decision. He directed Council's attention to the pre- existing and established use of the property and the desire of the property owners to protect their investment should disaster strike the business. Property tax assessment would then be at its actual use. Council Member Barnett commented that if this had been administratively handled at the time of the adoption of the Urban Area Zoning Map, there would be no question now. There being no one else wanting to comment, Mayor Buchanan closed the public meeting. It was MOVED BY BARNETT, SECONDED BY PUCCINELLI, TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous voice vote; Beauchamp absent. 8. PUBLIC MEETING TO CONSIDER APPEAL OF HEARING EXAMINER'S DECISION CONCERNING ADMINISTRATIVE ADJUSTMENT OF SIDE YARD SETBACK IN THE VICINITY OF 4904 CASTLEVIEW DRIVE (CLARENCE MARSHALL) (See Previously Distributed Material) This being the time set for the public meeting, John Elsden, Senior Project Planner, reviewed the chain of events concerning the application for a side yard setback at 4904 Castleview Drive. Originally staff had recommended denial of the application and the applicant appealed that decision to the Hearing Examiner and he recommended approval. Clarence Marshall then appealed the Hearing Examiner's decision. Council Member Barnett commented that the alternative would be to build the extension to the rear of the house rather than the east side of the house where the five to three feet adjustment is requested. Mr. Elsden pointed out the applicants feel that it would disrupt the view more to build to the back of the property than to the east. Mayor Buchanan opened the public meeting and invited testimony from those in favor of the appeal. Clarence Marshall, 2340 Maple Way Road, opposed changing the five -foot side yard setback requirement to three feet because he felt it would set a precedent for all property owners to change their side yards to three feet. He feels the five feet between homes is a reasonable amount of room and not be crowded. He felt a three -foot allowable setback would diminish the value of his home. Betty Gaudette, 701 North 6th Street, felt the variances to the five -foot setback create problems similar to the eastside of the city. She encouraged the Council to not allow the three foot setback. Bob Mason, 6211 North 2nd Street, agreed with the two previous speakers. He pointed out that it would be difficult to put a ladder up to the house because you would be on the neighbors property. 3 26 JANUARY, re 0 .7 . 19 9 7 Sandra Rundell, 4904.,,. Castleview Drive, explained they submitted an application for the'°`administrative adjustment of the side yard setback because they wanted to add a third bedroom to their home. She provided details of their request. She felt emergency vehicles could use the west side yard for access. There was a brief discussion about the style of roof and the ability to access the roof on the east side of the house. There being no one else wishing to comment, Mayor Buchanan closed the public meeting. It was MOVED BY BERGER, SECONDED BY PUCCINELLI, TO APPROVE THE APPEAL WHICH DENIES THE ADMINISTRATIVE ADJUSTMENT. The motion carried by unanimous voice vote; Beauchamp absent. Council Member Berger commented that he felt an administrative adjustment in this case would set a precedent. *9. PUBLIC MEETING TO CONSIDER AMENDED FINAL PLAT FOR CEDAR HILLS ESTATE RESOLUTION NO. R - 97 - 1, A RESOLUTION ratifying the Hearing Examiner Pro Tem's decision approving amendment of the Cedar Hills Estates final plat, and authorizing the Mayor to sign the revised final plat. 10. CONSIDERATION OF APPEAL OF DENIAL OF TAXI DRIVER'S LICENSE City Manager Zais explained this is an appeal of a denial of a taxi permit on a technical ruling. There is no criminal record; it reflects only on his moving violations. The Police Department has no objections to Mr. Marshall receiving a Taxi Driver's License; but based on the Yakima Municipal Code, they must deny the application. City Attorney Paolella explained there is no legal way to change the requirements without amending the existing ordinance. Ron Marshall, 3109 Englewood Avenue, explained he is in the process of buying the cab company and needs a license to drive the taxi cab. The current owner will be closing down the business and moving out of town. He urged the Council to rule in favor of his appeal. There was a considerable amount of questions, comments, and discussion among Council members, staff, and the applicant concerning the application. After continued discussion about the possibility of changing the current ordinance, it was the consensus of the Council to take Mr. Marshall's request under advisement. Staff was then directed to draft language granting Council the authority to consider variances for Taxi Driver's License appeals and to prepare the appropriate legislation for Council consideration at the next City Council meeting. 11. AUDIENCE PARTICIPATION Richard Andring, 203 South 8th Avenue, commended David Moses, Refuse Supervisor, for his safety conscience attitude. He also felt more emphasis should be given to clean sidewalks, 4 266_.. JANUARY 7, 1997 bus shelters, and business parking lots during winter weather. Joe Roemer, 2403 West Yakima Avenue, suggested an alternative method be considered to finance snow removal during heavy snowfall and current safety margins be increased as it relates to snow load capacity for structures. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF ELECTRONIC MONITORING AGREEMENT WITH WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS (WASPC) RESOLUTION NO. R -97 -2, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an Electronic Monitoring Agreement with the Association of Sheriffs and Police Chiefs. *13. CONSIDERATION OF RESOLUTION AUTHORIZING THE ACCEPTANCE OF BUREAU OF JUSTICE ASSISTANCE GRANT RESOLUTION NO. R -97 -3, A RESOLUTION authorizing and directing the City Manager to accept, on behalf of the City of Yakima, a grant of $163,985 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding the Local Law Enforcement Block Grants Program, and further designating and authorizing the City Manager to act as the official representative of the City and to take such additional steps as may be necessary and prudent to complete transactions associated with the grant. *14. CONSIDERATION OF RESOLUTION AUTHORIZING INTERLOCAL CORRECTION /DETENTION AGREEMENT WITH: A. THE CITY OF TOPPENISH RESOLUTION NO. R -97 -4, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an Interlocal Correction /Detention Agreement with the City of Toppenish. B. THE CITY OF WAPATO RESOLUTION NO. R -97 -5, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an Interlocal Correction /Detention Agreement with the City of Wapato. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA VALLEY CONFERENCE OF GOVERNMENTS (YVCOG) FOR COMMUTE TRIP REDUCTION TECHNICAL PLANNING RESOLUTION NO. R -97 -6, A RESOLUTION authorizing the Mayor and City Clerk to execute a Contract with the Yakima Valley Conference of Governments for Commute Trip Reduction Technical Planning Assistance. 5 a 267 JANUARY - 7 19 9 7 *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INDIGENT DEFENSE CONTRACT RESOLUTION NO. R -97 -7, A RESOLUTION authorizing the execution of the Public Defender Agreement for 1997. *17. CONSIDERATION OF RESOLUTION AUTHORIZING INTERAGENCY AGREEMENTS WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR SR 82 RECONSTRUCTION: A. POSSESSION AND USE OF YVT ELECTRIC RAILROAD .PROPERTY EXCHANGE RESOLUTION NO. R -97 -8, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Possession and Use Agreement with the Washington State Department of Transportation involving the YVT Electric Railroad property near Selah. B. CONSTRUCTION OF PORTIONS OF "R" STREET AND SECOND STREET RESOLUTION NO. R -97 -9, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Preliminary Engineering and Construction Agreement for "R" Street with the Washington State Department of Transportation. *18. CONSIDERATION OF RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO CERB BOARD FOR UTILITY INFRASTRUCTURE FINANCING FOR TRAILWAGONS RESOLUTION NO. R- 97 -10, A RESOLUTION authorizing and directing the City Manager to apply for a loan from the Washington State Community Economic Revitalization Board to finance public infrastructure improvements in the vicinity of North 7th Street and East of "P ", "Q ", and "R" Streets. *19. CONSIDERATION OF RESOLUTION SETTING FEBRUARY 6, 1997 AS THE DATE OF PUBLIC HEARING BEFORE THE HEARING EXAMINER TO CONSIDER RIGHT -OF -WAY VACATION FOR PROVIDENCE MEDICAL CENTER RESOLUTION NO. R- 97 -11, A RESOLUTION fixing time for public hearing before the Hearing Examiner on February 6, 1997, on a petition filed with the City Clerk by Providence Yakima Medical Center to vacate South 10th Avenue between West Walnut and Chestnut Avenues and consideration of a master zoning review application for the construction of a new medical office building. *20. CONSIDERATION OF RESOLUTION MODIFYING THE CITY TREASURER'S PETTY CASH AND CHANGE FUNDS RESOLUTION NO. R- 97 -12, A RESOLUTION amending Resolution No. R -94 -122, adopted September 13, 1994, and authorizing the existence of Change Funds, and other Petty Cash Funds, within the various Funds of the City of Yakima. 6 2-.6„ 8 JANUARY 7, 1997 *21. CONSIDERATION OF ORDINANCE AMENDING WASTEWATER DISCHARGE STANDARDS ORDINANCE NO. 97 -2, AN ORDINANCE relating to public services and utilities; regulating the use of public and private sewers and drains, and private wastewater disposal; requiring the pretreatment of wastewater discharged into the City of Yakima's sewage treatment plant; and amending YMC 7.65.070(E). *22. SECOND READING OF ORDINANCES AMENDING THE 1996 BUDGET AND APPROPRIATING FUNDS FOR: A. STREETS & TRAFFIC AND EQUIPMENT RENTAL FUNDS FOR SNOW AND ICE CONTROL An Ordinance amending the 1996 budget and appropriating funds for unanticipated snow removal costs, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 97 -3, AN ORDINANCE amending the 1996 budget for the City of Yakima; making appropriations for Unanticipated Snow Removal costs from Unappropriated Fund Balances within various Funds for expenditure during 1996. B. ADDITIONAL UNANTICIPATED DIAL -A -RIDE EXPENSES An Ordinance amending the 1996 budget and appropriating funds for additional unanticipated Dial -A -Ride expenses, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 97 -4, AN ORDINANCE amending the 1996 budget for the City of Yakima; and making an appropriation of $60,000 in the Transit Operating Fund for expenditure during 1996 for additional Dial -A -Ride expenses. C. HEALTH BENEFIT FUND FOR UNANTICIPATED EXPENSES An Ordinance amending the 1996 budget and appropriating funds for unanticipated medical claim costs, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 97 -5, AN ORDINANCE amending the 1996 budget for the City of Yakima; and making an appropriation of $540,000 in the Employees' Health Benefit Reserve Fund for unanticipated medical claim costs during 1996. D. REFUSE & RECYCLING FUND FOR UNANTICIPATED TEMPORARY STAFF EXPENSES An Ordinance amending the 1996 budget and appropriating funds for unanticipated temporary staff expenses, 7 2 6 ':9 JANUARY,, 7. ; 19 9 7 �ir,.45 previously having been read by title only, was brought before the CounciY' `for a Seconded reading. ORDINANCE NO. 97 - 6, AN ORDINANCE amending the 1996 budget for the City of Yakima; and making an appropriation of $25,000 in the Refuse and Recycling Fund for expenditure during. 1996 for unanticipated temporary staff. 23. OTHER BUSINESS It was MOVED BY PUCCINELLI, SECONDED BY SIMS, TO APPOINT MRS. DARLENE LUST TO THE YAKIMA VALLEY REGIONAL LIBRARY BOARD OF DIRECTORS. The motion carried by unanimous voice vote; Beauchamp absent. Council Member Barnett suggested morning adjourned meetings be scheduled for 8:00 a.m. during the winter months. Mayor Buchanan reminded Council members of the. upcoming AWC Legislative Meeting scheduled for February 19 and 20, 1997. Council Member Barnett requested a briefing before the GMA Public Hearing on January 14, 1997, to discuss plans included by reference in the Comprehensive Plan. 24. ADJOURNMENT TO JANUARY 14, 1997 FOR SPECIAL PUBLIC HEARING ON GMA AT MASONIC TEMPLE It was MOVED BY KLINGELE, SECONDED BY BERGER, TO ADJOURNED AT 3:25 P.M. TO JANUARY 14, 1997 FOR A SPECIAL PUBLIC HEARING ON GMA AT THE MASONIC TEMPLE. The motion carried by unanimous voice vote; Beauchamp absent. READ AND CERTIFIED ACCURATE BY: ��_- JP ��p _ Ce IL MEMBER DATE ( F - / k 4t COUNCIL MEM DATE ATTEST: t __ _ Zcior,.....ig y 'CTIN�� CITY CLERK LYNN BUCHANAN, MAYOR I/ Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are available in the City Clerk's Office 8 •