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HomeMy WebLinkAbout03/02/1998 Business Meeting 156 CITY OF YAKIMA, WASHINGTON . JUNE 2, 1998' 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, Mayor John Puccinelli, presiding, Council Members Clarence Barnett, Lynn Buchanan, John Klingele, Mary Place, and Bernard Sims present on roll call. Council Member Henry Beauchamp present after 2:25 p.m. City Manager Zais, City Attorney Paolella, Deputy City Clerk Skovald also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE An invocation was given by Mayor Puccinelli; Council Member Buchanan led the Pledge of Allegiance. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS Mayor Puccinelli proclaimed the month of June, 1998 as "Hire a Veteran" month in the City of Yakima. Assistant City Manager, Glenn Rice, accepted the proclamation on behalf of all veterans of the community expressing their appreciation. 4. CONSENT AGENDA Mayor Puccinelli referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Item No. 13 was removed from the agenda entirely although Council Member Buchanan asked to speak to it in sequence. .Item No. 20B was removed from the agenda entirely. Council Member Barnett requested Item No. 22 be removed from consent. The Deputy 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 AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp temporarily absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) • 157 JUNE 2, 1998 *5. APPROVAL OF THE MINUTES OF THE FEBRUARY 11, 17 AND MARCH 3, 1998 ADJOURNED MEETINGS AND THE MARCH 17, 1998 BUSINESS MEETING. The minutes of the February 11, 17, and March 3, 1998 Adjourned meetings and the March 17, 1998 Business Meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. YARD OF THE MONTH RECOGNITION (This item was considered out of sequence of the agenda after Open Discussion.) A short video was shown and presentations were made to John & Suzanne Milliron, 4403 Englewood; the resident at 1401 W. Lincoln; Anthony Mitzel, 1509 Clinton Way; and Terri Ozuna, 615 S. 7th Avenue. Honorable mentions were given to the Gilbert Homeplace at 2109 W. Yakima Avenue, and Gonzalo Guillen at 904 S. 9 th Street. The Yard of the Month program will continue through September 1998. 7. PUBLIC MEETING TO CONSIDER THE HEARING EXAMINER RECOMMENDATION ON REZONE OF PROPERTY AT 2108, 2110 AND 2202 W. LINCOLN AVENUE, REQUESTED BY FREDERICK BARTRAM, RODNEY TRAVIS AND MILDRED SONSALLA This being the time set for the public meeting, Bruce Benson, Associate City Planner, explained the rezone request for three parcels of land from R -3 to B -1. He confirmed that all the requirements are present for the rezone. Mr. Benson noted that although the Hearing Examiner approved the rezone request he denied the request for a Class 2 permit for Mr. Bartram to operate his clock repair shop as a gift shop. Mayor Puccinelli opened the public meeting and invited testimony, either for or against. Mr. Rick Bartram, 2202 W. Lincoln Avenue, the petitioner, mentioned that a site plan was submitted-along with the rezone request which depicted changes which would allow people to turn around on the property alleviating the need to back out onto Lincoln Avenue. In speaking in favor of, the rezone he reminded the audience that there are much higher intensity businesses than he is engaged in that could operate under the current R -3 zoning. Council Member Barnett expressed concern that because of the way the ordinance is written Mr. Bartram would not be able to continue doing the business he is currently doing. This would be because the ordinance is not definitive enough to cover all situations. 2 158 JUNE 2, 1998 Council Member Barnett said that because the land use charts don't cover this current situation, it was denied. It became clear that the Class 2 situation was not discussed at the Hearing Examiner's review. Upon being asked for a legal opinion, Larry Peterson, Assistant City Attorney, suggested one alternative would be to amend the ordinance to allow a home clock repair in the B -1 zone. He also remarked that Council could accept the part of the Hearing Examiner's report relating to the rezone but overturn the Class 2 denial. He alluded to the fact that revising the ordinance may take a lot of time. There was discussion on whether a B -2 zoning would be a feasible alternative. Although clock repair is allowed in a B -2 zone, because of the other B -2 uses it was felt the property would be better suited for a B -1 rezone. Rodney Travis of 2108 W. Lincoln, owner of one of the parcels being considered for rezone, commented that he has no objection at all to the operation of a clock repair shop at this location. He mentioned that he currently receives occasional parking overflow and has no problem with that as well. Mr. Tom Edwards, 340 N. 22 Avenue, which is the property to the south of the proposed rezone, described the original use and the assumed intent of the property when it was sold to the City many years ago. Mr. Edwards spoke at length regarding his fears as to what could happen to the property as a result of the rezone. He referred to the potential of large buildings being built which would be in line of sight from his back windows. He also alluded to having heard that there was a "bonding" between Mr. Bartram and the City Planners and, as a result, this was a "done deal ". Council Member Barnett took exception to these comments. Mr. Edwards summarized that his concern is with future use of the property as a result of the rezone, not the operation of the clock shop itself. After further discussion the public meeting was closed. Don Skone, City Planning Manager, detailed the various differences between the R -3 and B -1 zones. He also clarified the history of this specific rezone request. Discussion continued with regard to potential alternatives. It was suggested that the rezone have a development . agreement created with various limitations. This would require a public hearing with the development agreement available for review. It was MOVED BY PLACE, SECONDED BY KLINGELE, TO SET THE DATE OF JULY 7, 1998 FOR A PUBLIC HEARING AND DIRECT STAFF TO PREPARE A. DRAFT DEVELOPMENT AGREEMENT ADDRESSING THE ISSUES OF HEIGHT AND TRAFFIC MITIGATION. The motion carried by 6 -1 voice vote; Barnett voting nay. 3 . 159 JUNE 2, 1998 8. PUBLIC MEETING TO CONSIDER THE HEARING EXAMINER RECOMMENDATION ON REZONE OF PROPERTY AT 1107 CORNELL AVENUE,. REQUESTED BY JAMES TWEEDY This being the time set for the public meeting, John Elsden, Senior Project Planner, gave a general overview of the rezone request. Mayor Puccinelli opened the public meeting and invited testimony. Mr. Jim Tweedy described his plans for his business with this rezone. There being no other citizen wishing to speak, the public meeting was closed. It was MOVED BY SIMS, SECONDED BY KLINGELE, TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION TO APPROVE THE REZONE FROM R -2 TO B -1. The motion carried by unanimous voice vote. 9. AUDIENCE PARTICIPATION Peggy Tait, 7 South 45 Avenue, presented a petition signed by her neighbors requesting the installation of a dead -end barrier across 45 Avenue at Barge. She cited safety hazards due to heavy and speeding traffic. Mr. John Hitchcock, 110 N. 45 Avenue also spoke in favor of the barrier. City Manager Zais advised that staff would review the area and give the Council a report. Mrs. Tait will be advised when this report is placed.on a future Council agenda. *10. CONSIDERATION OF RESOLUTION INITIATING REZONE OF PROPERTY ON NOB HILL BOULEVARD, BETWEEN SOUTH 32ND AND SOUTH 34 AVENUES RESOLUTION NO. R- 98 -78, A RESOLUTION concerning real property owned by the City of Yakima and authorizing the City Manager to make application for the property to be rezoned from B -1 to B -2. *11. CONSIDERATION OF RESOLUTION AUTHORIZING RATIFICATION OF MEMORANDUM OF AGREEMENT WITH VARIOUS COUNTIES, CITIES AND IRRIGATION DISTRICTS FOR WATERSHED PLANNING FOR THE YAKIMA RIVER BASIN RESOLUTION NO. R- 98 -79, A RESOLUTION authorizing and ratifying the Mayor's execution of a Memorandum of Agreement between the Counties of Benton, Yakima and Kittitas, the Irrigation Districts of Roza, Sunnyside, Yakima - Tieton, and the Cities of Ellensburg and Yakima. 4 160 . JUNE 2, 1998 *12. CONSIDERATION OF RESOLUTION AUTHORIZING CONTRACT EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH KITTLESON AND ASSOCIATES FOR RIVERSIDE MALL TRAFFIC ANALYSIS RESOLUTION NO. R- 98 -80, A RESOLUTION authorizing the City Manager to execute a contract extension, with Kittleson Associates Engineering. 13. CONSIDERATION OF JOINT RESOLUTION RATIFYING AN APPLICATION FOR FAA GRANT FUNDS AND AUTHORIZING EXECUTION OF GRANT AGREEMENT This item was removed from the Agenda. Council Member Buchanan commented about money being spent at the airport as well as their fire service costs in relation to there not being enough money• for streets and pothole repair. He also mentioned a recent rent reduction for a tenant at the airport and lease subsidies for a private ambulance service. *14. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMENTS FOR PARKS SUMMER RECREATION /ATHLETIC PROGRAMS WITH: A. ALLIED ART FOR PERFORMING ARTS PROGRAM FOR YOUTH RESOLUTION NO. R- 98 -81, A. RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Allied Arts Council of Yakima Valley, to provide a visual and performing arts program for youth. B. SALVATION ARMY FOR SUMMER PROGRAM AT MILROY PARK RESOLUTION NO. R- 98 -82, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Salvation Army, a California corporation, to provide a summer playground program at Milroy Park. C. YAKIMA SOFTBALL ASSOCIATION FOR A FASTPITCH SOFTBALL PROGRAM RESOLUTION NO. R- 98 -83, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Softball Association to provide a fastpitch softball program for the community. 5 • 16 1 JUNE 2, 1998 *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF MEMORANDUM OF AGREEMENT WITH YAKIMA HOUSING AUTHORITY FOR I -82 PROJECT PROPERTY SETTLEMENT RESOLUTION NO. R- 98 -84, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute the attached Memorandum of Understanding with the Yakima Housing Authority as a record of the parties' agreement and respective responsibilities regarding mitigation of the impacts of the construction of the I -82 /Yakima Avenue Interchange and Fair Avenue . Project on properties owned by the YHA. *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE FOURTH OF JULY COMMITTEE FOR FIREWORKS DISPLAY RESOLUTION NO. R- 98 -85, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Fourth of July Committee to provide a fireworks display on the evening of July 4, 1998. *17. CONSIDERATIONN OF RESOLUTION DECLARING USED POLICE VEHICLES AS SURPLUS AND AUTHORIZING SALE TO THE CITY OF MOXEE AND CITY OF TIETON RESOLUTION NO. R- 98 -86, A RESOLUTION declaring used police cars to be surplus and authorizing their sale to the City of Tieton Police Department and the City of Moxee Police Department. *18. CONSIDERATION OF RESOLUTION AUTHORIZING PICTURE LINK PHOTO IMAGING SYSTEM AS A SOLE SOURCE PURCHASE FOR THE POLICE DEPARTMENT RESOLUTION NO. R- 98 -87, A RESOLUTION authorizing the purchase of "Picture Link Photo Imaging System," including all necessary options and professional services, from Dynamic Imaging Systems, Inc. of Marlton, New Jersey for a purchase price not to exceed $49,000.00, including sales tax, as a sole source purchase without calling for bids. *19. APPROVAL OF FINAL CONTRACT PAYMENT TO PHILADELPHIA MIXERS FOR THE HEADWORKS AND DIGESTER IMPROVEMENTS PROJECT (STANDARD MOTION V -B - ACCEPT PROJECT AND APPROVE FINAL PAYMENT) - I/ The report from the City Project Manager, dated May 8, 1998, with respect to the substantial completion of the work on the slow speed mixers for primary digesters (3), performed by Philadelphia Mixers Corp, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 6 162 JUNE 2, 1998 *20. APPROVAL OF RIGHT -OF -WAY USE PERMITS REQUESTED BY: A. TRI -PLY CONSTRUCTION INC. FOR PARKING AT 105 WEST PINE STREET The Right -of -Way Use Permit requested by Tri -Ply Construction Inc. was approved for parking at 105 West Pine Street. B. MASTER TUNE FOR SIGN RELOCATION AT 712 SOUTH 1 STREET This item was removed from the agenda. *21. SET DATE OF PUBLIC HEARINGS FOR JUNE 23, 1998 TO CONSIDER: A. THE SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR 1999 -2004 RESOLUTION NO. R 98 - 88, A RESOLUTION fixing the time and place for hearing on the Six Year Transportation Improvement program for the period of 1999 through 2004. B. AHTANUM ROAD ANNEXATION June 23, 1998 was set as the date of a public hearing to consider the Ahtanum Road Annexation. 22. CONSIDERATION OF REPORT FROM FINANCE RE: FIRST QUARTER 1998 Council Member Barnett questioned Table 2, Resources versus Expenditures, showing a deficit. Cindy Epperson, Accounting Manager, explained that the report was prepared prior to the property taxes being received. The deficit was the result of a timing issue and is no longer applicable. It was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, TO ACCEPT THE REPORT. The motion carried by unanimous voice vote. 23. CONSIDERATION OF ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE RELATING TO PIT BULLS Dick Zais, City Manager, explained that this legislation is being brought forth for discussion in response to inquiries and complaints that have come to the Council sessions over the last several months to revisit the Pit Bull issue. This legislation gives some options for consideration and Council is not required to pass the ordinance at this time. City Manager Zais concluded that if Council desires any changes staff will prepare those changes for a study session prior to being put forward for final adoption. He added that beyond the ordinance there is the question of procedure as well, also under deliberation today. 7 163 JUNE 2, 1998 Jeff West, Senior Assistant City Attorney, outlined the ordinance changes: 1) Removal of Bull Terriers from the list of banned dogs as they are not technically a Pit Bull Terrier; and 2) to create a separate redemption procedure for Pit Bull dogs distinct from dangerous dogs. Instead of requiring destruction of the animals the City would allow the dog be put up for adoption to live outside the City limits and they would be micro - chipped for future identification. Jeanette Nachbar, City Animal Control Officer, explained the difference between Bull Terriers and Pit Bull Terriers. Bobbie Harvin, 914 S. 7"' Street, spoke about the ordinance revisions confirming they are a step in the right direction. She continued by saying there needs to be more definitive physical descriptions in the ordinance to aid in determining whether an animal is truly a Pit Bull or one of the other banned dogs. She also suggested the idea of rehabilitating the dogs rather than banning and destroying them. Mayor Puccinelli raised a question about a situation where someone moves into Yakima from somewhere that allows Pit Bulls and they are unaware that their animal is banned. He suggested consideration be given to allowing them more time to move the dog in that type of a situation. It was MOVED BY BARNETT, SECONDED BY PLACE, TO HOLD A STUDY SESSION AT AN APPROPRIATE FUTURE TIME ON THE PIT BULL ORDINANCE FOR FURTHER GUIDANCE. The motion passed by unanimous voice vote. *24. SECOND READING OF AN ORDINANCE AMENDING THE 1998 BUDGET AND APPROPRIATING FUNDS FOR AFSCME TRANSIT LABOR SETTLEMENT An Ordinance amending the 1998 budget and appropriating funds for the AFSCME Transit labor settlement, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 98 -22, AN ORDINANCE amending the 1998 budget for the City of Yakima; and making an appropriation of $9,400 in the 462 - Transit Operating Fund for expenditure during 1998 to provide for the AFSCME Transit labor settlement. I/ 25. OTHER BUSINESS The study session scheduled for June 9, 1998 was moved to June 23, 1998 8 • 164 JUNE 2, 1998 26. EXECUTIVE SESSION REGARDING PROPERTY DISPOSITION (AIRPORT FISH HATCHERY) It was MOVED BY KLINGELE, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROPERTY DISPOSITION WITH IMMEDIATE ADJOURNMENT THEREAFTER TO JUNE 23, 1998 AT 7:30 A.M. The motion carried by unanimous voice vote. 27. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 4:50 p.m. READ AND CERTIFIED ACCURATE BY: COUNCIL M: BER DATE Af ft, Ci^ ����i� M d = / DATE ATTEST: CITY CLERK JOHN 'UCCINELLI, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office. 9