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HomeMy WebLinkAbout09/16/1997 Business Meeting 4 3 CITY ; OF, .YAKIMA , . WASHINGTON SEPTEMBER 16, 1997 BUSINESS MEETING 1. ROLL CALL I/ 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, Henry Beauchamp, Ernie Berger, John Klingele, John Puccinelli, and Bernard Sims present on roll call. Acting City Manager Rice, City Attorney Paolella, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Berger. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Bill Cook, Block Grant Manager, announced that next Tuesday at 7:00 p.m., the Council Community Development Committee will conduct a public meeting to hear comments on needs and priorities of the community and how to spend CDBG HOME funds. A. PROCLAMATIONS (IF APPLICABLE) • NATIONAL DAY OF THE REPUBLIC OF CHINA ON TAIWAN Mayor Buchanan read a proclamation declaring October 10, 1997 as National Day of the Republic of China on Taiwan. • POLLUTION PREVENTION WEEK Mayor Buchanan read a proclamation declaring the week of September 14 -20, 1997 as Pollution Prevention Week. The proclamation was accepted by Les Ornelas. • CONSTITUTION WEEK Mayor Buchanan read a proclamation declaring the week of September 17 -23, 1997 as Constitution Week. The proclamation was accepted by Mary Hardy. 4. PRESENTATION OF CITIZEN COMMENDATION I/ Captain Tom Sevigny reported that on August 19, 1997, Mr. Roy Norris investigated the sound of a vehicle accident and assisted in getting the occupant out of the car which was on fire. Mayor Buchanan presented Mr. Norris with a Certificate of Commendation in appreciation of Mr. Norris' actions. Mr. Norris was present and humbly accepted the Certificate. 440 SEPTEMBER 16, 1997 5. 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 to remove Item No. 15 A from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *6. APPROVAL OF MINUTES OF THE AUGUST 19, 1997 ADJOURNED STUDY SESSION AND SEPTEMBER 10, 1997 SPECIAL MEETING The minutes of the August 19, 1997 Adjourned Study Session and September 10, 1997 Special Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 7. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION REGARDING REZONE OF PROPERTY IN VICINITY OF FAIR AVENUE AND I -82 REQUESTED BY GARY LUKEHART Katherine Kohl, Assistant Planner, stated the purpose of the public meeting is to consider the rezone application submitted by Gary Lukehart for property in the vicinity of Fair Avenue and I -82 from M -1 to CDBS. This is not a project specific rezone, but the intended use is to support the Gateway Center. The Hearing Examiner recommended approval of the rezone, and staff concurs with that recommendation. Council Member Barnett commented that the application indicates this property was inadvertently omitted from the legal description in a previous rezone. Mayor Buchanan opened the public meeting for citizen testimony. There being no citizen wishing to speak to this issue, the public meeting was closed. It was MOVED BY SIMS, SECONDED BY KLINGELE, TO DIRECT THE LEGAL DEPARTMENT TO PREPARE THE APPROPRIATE LEGISLATION TO APPROVE THIS REZONE. The motion carried by unanimous voice vote. 8. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION REGARDING REZONE OF PROPERTY AT 1318 SOUTH 7TH STREET REQUESTED BY JAMES MOORE Katherine Kohl, Assistant Planner, stated the purpose of the public meeting is to consider the application submitted by James Moore to rezone property at 1318 South 7th Street from R -2 to CDBS. This is not a project specific rezone, but he has indicated it is to expand an existing laundromat and car wash. She reported that two letters were received in opposition to the rezone. The letters of opposition talk about traffic, sidewalks, and children in the area, which would be impacted by the rezone. The Hearing Examiner recommendation is to approve the rezone, and staff concurs with that recommendation. Utilizing a drawing of the area, 2 4.41 SEPTEMBER, 16, 1997 she explained how the existing business would be expanded. She reported there 'Will b& s'idewalks abutting the public development, as required by ordinance. Mayor Buchanan opened the public meeting for citizen testimony. There being no citizen wishing to speak to this issue, the public meeting was closed. It was MOVED BY SIMS, SECONDED BY KLINGELE, TO DIRECT THE LEGAL DEPARTMENT TO PREPARE THE I/ I APPROPRIATE LEGISLATION TO APPROVE THIS REZONE. The motion carried by unanimous voice vote. 9. AUDIENCE PARTICIPATION Kathy Lambert, representing Communities Organized for Yakima County, asked Council to consider publicly supporting their organization and urge the INS to reinstate its Outreach Program that helps illegal aliens become citizens. She confirmed that Council received informational packets about from this request. She stated they have requested information from INS about why the programs are being eliminated, but have not received a good reason for this action. The primary impact of this program change is the requirement that the applicant individually make an appointment for the citizenship test; currently, the test is taken by groups of people enrolled in their English and Citizenship classes. It was the general consensus of Council to request staff research this issue and report back to Council with a recommendation. Acting City Manager Rice stated he would also request the Legal Department to research the reason the change was made. Lynne Kittelson, 305 North 9th Street, referenced the recently formed Citizen Transit Task Force and expressed concern that representation from transit riders was not appointed to the Task Force. Council Member Berger explained. the Task Force was directed towards looking at finances and to obtain different viewpoints of the business community in how the system can be made more efficient. Ms. Kittelson reiterated her opinion that representation from transit ridership should be on the Task Force. Hector Allonso, 610 1/2 South 15th Avenue requested traffic calming measures be installed in the alley between 15th and 16th Avenues off Tieton Drive to combat a speeding problem. He stated that drivers are using the alley to get to Tieton Drive and McLaren, usually at a rate of 50 -60 mph. The request was referred to staff. 10. CONSIDERATION OF RESOLUTION AUTHORIZING ABATEMENT OF I/ HAZARDOUS DEBRIS Leonard Hall, Code Administration Manager, requested that 1117 W. Washington be stricken from the list,. There being no one present to speak to their property being on the list, and Resolution No. R -97 -117 having been read by title, it was MOVED BY KLINGELE, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. Mr. Hall explained the notification procedure for hazardous debris abatement properties. 3 4 4 2 SEPTEMBER 16, 1997 RESOLUTION NO. R -97 -117, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 11. CONSIDERATION OF REPORT FROM COMMUNITY DEVELOPMENT REGARDING SIGNAGE REQUIREMENTS FOR MAJOR LAND USE APPLICATIONS Council members reviewed the options provided in the report to require posting of property on a 4x8 sign for major land use applications pending. Council also discussed the merits of the larger sign and benefits to the public interested in changes of land use in their area. It was MOVED BY BARNETT, SECONDED BY PUCCINELLI, TO REFER THIS ISSUE TO THE APPROPRIATE COMMITTEE FOR A REPORT BACK TO COUNCIL (Community Economic Development Review Committee). The motion carried by unanimous voice vote. *12. CONSIDERATION OF RESOLUTION ACCEPTING YAKIMA COUNTY'S ALLOCATION OF GMA GRANT FUNDS FOR FISCAL YEARS 1998 AND 1999 RESOLUTION NO. R -97 -118, A RESOLUTION accepting Yakima County's allocation of state grant funds for GMA planning activities for fiscal years 1998 and 1999. *13. CONSIDERATION OF RESOLUTION AUTHORIZING DISPOSAL OF SURPLUS PROPERTY RESOLUTION NO. R -97 -119, A RESOLUTION authorizing the sale of surplus property owned by. the City. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO THE SOUTHEAST COMMUNITY CENTER ROOF WITHOUT CALLING FOR BIDS RESOLUTION NO. R -97 -120, A RESOLUTION declaring an emergency and authorizing the City Clerk and the City Manager to execute an agreement with Dan Leslie Roofing, Inc. for the repair and /or replacement of the Southeast Community Center roof. 15. CONSIDERATION OF RESOLUTIONS RELATING TO 1997 COMMUNITY HOUSING DEVELOPMENT ORGANIZATION FUNDING (HOME PROGRAM): A. YAKIMA COUNTY COALITION FOR THE HOMELESS REHABILITATION PROJECT Bill Cook, Block Grant Manager, stated that this resolution would approve a grant to the Coalition for the Homeless for property at 313 North 9th Street. In 1996 the Coalition for the Homeless purchased the property from the City, using $41,000 of State Housing Trust Fund monies. The current proposal is to request $16,17.0 from the State Housing Trust Fund to complete the project. Council Member Klingele asked how the State will benefit from this project. Phoebe Nelson, Director of Yakima County Coalition for the Homeless, commented that the $20,000 funding from the State Housing Trust Fund originally used to purchase the property was part of a revolving loan fund which the City still monitors. In 1996 the Coalition for the Homeless purchased 4 443 SEPTEMBER ; „,16, 1997 the property from the City for $41,000 which was the appraised value of property at 313 North 9th Street. In addition to the $41,000, the State Housing Trust Fund also granted money for rehabilitation purposes. The house, when completed, will be a duplex and will be available for transitional housing for low- income families. Maud Scott, Union Street, read a letter written by Betty Gaudette, which expressed concern about the project bringing additional density into the neighborhood, asked about maintenance of the duplex, and recommended that a single- family residence would be more suitable. Speaking for herself, Ms. Scott stated this is an inordinate amount of project money being invested in this property. The houses in that neighborhood are predominantly single family. Lynne Kittelson, 305 North 9th Street, commented that the house on the corner is a HOME project and is well maintained and landscaped. Her concern is that the homes in that neighborhood are predominantly owner- occupied. She stated she previously dealt with the Coalition for the Homeless and knows it is a responsible organization and is aware of the needs of the neighborhood. Ms. Nelson explained the delay in rehabilitating this property, which resulted in the poor appearance of the property. She stated the project site will have off - street parking, and will be fenced and landscaped. Discussion ensued about the funding for the property, after which, Resolution No. R -97 -121 was read by title. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION. The motion carried by 6 -1 roll call vote; Klingele voting nay. RESOLUTION NO. R -97 -121, A RESOLUTION directing the City Legal Department to prepare, and authorizing the City Manager to execute, an agreement with Yakima County Coalition for the.. Homeless to rehabilitate a duplex consisting of two two - bedroom units. *B. DESIGNATION OF WAME AS CITY COMMUNITY HOUSING DEVELOPMENT ORGANIZATION RESOLUTION NO. R -97 -122, A RESOLUTION approving Washington Association of Minority Entrepreneurs (WAME) as a City designated Community Housing Development Organization (CHAD) and directing staff to work with WAME to bring to Council a HOME funded elderly housing project within the next 30 days. *16. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR CANOPY STRUCTURE AT 7 SOUTH 5TH AVENUE, REQUESTED BY MELVIN LEWIS The Right -of -Way Use Permit requested by Melvin R. Lewis for a canopy structure at 7 South 5th Avenue was approved. *17. SET DATE OF PUBLIC HEARING FOR OCTOBER 14, 1997 AT 7:00 P.M. FOR APPEAL OF HEARING EXAMINER'S DECISION TO APPROVE CLASS 3 USE IN THE BELMONT AREA October 14, 1997 at 7:00 p.m. was set as the date and time for a public hearing to consider an .appeal by Belmont Avenue area residents of the Hearing Examiner's decision to approve a Yakima Orthopaedic & Fracture Clinic, Inc. request to use 5 444 SEPTEMBER 16, 1997 property located at 1508 Belmont Avenue for professional and administrative offices. *18. APPROVAL OF FINANCE REPORTS: A. FIRST AND SECOND QUARTER 1997 TREASURER'S REPORTS The First and Second Quarter 1997 Treasury Reports were accepted. B. AUGUST 1997 REVENUE AND EXPENDITURE (BUDGET) REPORT The August 1997 Revenue and Expenditure (Budget) Report was accepted. 19. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO CRIMINAL BACKGROUND CHECKS Police Chief Blesio and Assistant City Attorney Brumback were available to respond to questions about the staff report. Chief Blesio stated this ordinance would authorize police officers to conduct criminal background checks when an individual is stopped for .a non - traffic offense. He stated that examples of non - traffic offenses would be when a person violates the pedestrian interference ordinance, is aggressively begging, littering, violates the curfew ordinance or animal control violations. Robert Owen, 614 North 3rd Street, described a scenario when he was mistaken for another individual and thought the police exhibited too much power. He spoke against the passage of this ordinance. Ordinance No. 97 -52 having been read by title, it was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO PASS THE ORDINANCE. Council Member Beauchamp expressed concern about the situation described by Mr. Owen and asked about officer training. Chief Blesio stated that training is given to the officers, and there are two sides to every story. The question was called for a vote on the motion. The motion carried by unanimous roll call vote. ORDINANCE NO. 97 -52, AN ORDINANCE relating to law enforcement; granting City of Yakima Police Officers the necessary power and legal authority to search a person's criminal history in the course of a stop for a non - traffic infraction to determine if he or she is a wanted person; and amending Section 6.02.105 of the City of Yakima Municipal Code. *20. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CERTAIN EMPLOYEES (ACCOUNTANT AND SUPERVISING CODE INSPECTOR) ORDINANCE NO. 97 -53, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective October 1, 1997; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.100 D, 2.20.110 A, 2.20.110 G, 2.20.110 I, and 2.20.110 J, all of the City of Yakima Municipal Code. 6 445 SEPTEMBER' ;16, 1997 *21. CONSIDERATION OF ORDINANCE APPROVING REZONE OF PROPERTY ON THE NORTH SIDE OF FAIR AVENUE .:AND EAST OF LINCOLN AVENUE FOR THE GATEWAY CENTER ORDINANCE NO. 97 -54, AN ORDINANCE concerning land use and zoning, rezoning eight acres in the vicinity of 1050 and 1100 East Lincoln Avenue in Yakima, Washington, from Light Industrial (M -1) to Central Business District Support (CBDS) and amending the zoning map of the Yakima Urban Area accordingly. *22. CONSIDERATION OF ORDINANCE APPROVING VACATION OF PUBLIC ALLEY WAY, REZONE AND DEVELOPMENT AGREEMENT REQUESTED BY SHIELDS BAG AND PRINTING ORDINANCE NO. 97 -55, AN ORDINANCE concerning land use and zoning, vacating alley right -of -way and rezoning the vacated right -of -way and five adjacent parcels in the vicinity of West Nob Hill Boulevard and Landon Avenue from Two - Family Residential (R -2) and Small Convenience Center (SCC) to Heavy Industrial (M -2) and amending the zoning map of the Yakima Urban Area accordingly. *23. FIRST READING OF ORDINANCE AMENDING THE 1997 BUDGET AND APPROPRIATING FUNDS FOR PARKS AND RECREATION (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1997 budget and appropriating funds for various Parks and Recreation projects, having been read by title only, was laid on the table for three weeks, until October 7, 1997. 24. OTHER BUSINESS Mayor Buchanan reported that the National League of Cities conference will be held in Pennsylvania on December 3 -6, 1997. He stated he is interested in attending and asked any Council member interested in attending to contact Debbie Moore. Information Items: Items of information provided to Council were: News Release regarding Additional 16th Avenue Construction. 9/10/97; Weekly Street Operations Report, September 3 - 9, 1997; Memorandum from Public Works Director regarding Grinding - Repaving Schedule; Draft Environmental Impact Statement Notice of Comment Period Extension for the Riverside Shopping Center Rezone; City of Yakima Planning Division Assignments Pending as of September 16, 1997; Memorandum from Legal Department regarding Damage Claims Filed During the Month of August 1997; Memorandum from Airport Manager regarding Airport Board meeting schedule. 9/8/97; Memorandum from Yakima Valley Conference of Governments regarding Census 2000 Preparations; Memorandum from Yakima Valley Conference of Governments regarding Yakima Valley MPO /RTPO TAC Meeting Agenda for September 11, 1997 meeting and minutes of its August 14, 1997 meeting; Agenda for the September 15, 1997 Yakima Valley Conference of Governments Executive Committee meeting and minutes of its August 18, 1997 meeting; Agenda 7 446 SEPTEMBER 16, 1997 for the September 17, 1997 Yakima Valley Conference of Governments General Membership meeting and minutes of its May 21, 1997 meeting; and Yakima Valley Conference of Governments Newsletter; September 1997. 25. EXECUTIVE SESSION REGARDING PROPERTY ACQUISITION It was MOVED BY KLINGELE, SECONDED BY PUCCINELLI, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PROPERTY ACQUISITION, FOLLOWED BY IMMEDIATE ADJOURNED TO SEPTEMBER 23, 1997 AT 7:30 A.M., THEN TO OCTOBER 7, 1997 AT 7:30 A.M. The motion carried by unanimous voice vote. 26. ADJOURNMENT TO SEPTEMBER 23, 1997 AT 7:30 A.M. FOR JOINT MEETING WITH COUNTY COMMISSIONERS AND AIRPORT BOARD AT THE POLICE STATION /LEGAL CENTER - SECOND FLOOR TRAINING ROOM; THEN TO OCTOBER 7, 1997 AT 7:30 A.M. FOR A STUDY SESSION AT THE POLICE STATION /LEGAL CENTER - SECOND FLOOR TRAINING ROOM Following the conclusion of the Executive Session, the meeting adjourned at 3:47 p.m. f READ AND CERTIFIED ACCURATE BY: ���_�i CO.'CIL MEMBER DAT t.. -; "COUNCIL MEMBER" DATE ATTEST: � P CITY CLERK LYNN BUCHANAN, MAYOR An audio and video tape of this meeting are available in the City Clerk's Office 8