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HomeMy WebLinkAbout01/16/1990 Business Meeting 9I JANUARY 16, 1990 BUSINESS MEETING 1. ROLL CALL ` The City Council met in session on this date at 2:30 P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat Berndt, presiding, Council members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, George Pechtel, Skip Semon and Bernard Sims present on roll call. City Manager Zais, Assistant City Attorney Tree, City Clerk Roberts and Deputy City Clerk Toney also present. 2. INVOCATION The Pledge of Allegiance was led by Assistant City Attorney Tree. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Barnett announced that the Conference Of Governments (COG) meeting scheduled for January 17, 1990, has been rescheduled to January 24th. Council member Sims referred to the video shown to Governor Gardner this morning regarding the local drug trafficking problem, stating it definitely illustrates the problems facing City and County officials. He expressed his appreciation to staff for their assistance in producing the video. Mayor Berndt especially thanked Betty McCarthy for an excellent job in narrating the video. 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. No changes having been requested, 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: :PASSED. The.motion carried by a unanimous roll call vote. (Subsequent paragraphs preceded 'by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. AUDIENCE PARTICIPATION The City Clerk read into the record a letter received from R. Keyes Smith and Kay Hoffman Smith who live on South 38th Avenue in the vicinity of Fisher. Park Golf Course. A petition was submitted with the signatures of residents in the vicinity_who are opposed to the closure of the golf course. Roger Bernier, 202 South 4th Street, addressed Council stating he is opposed to the removal of the stop light at the South 4th Street /East Walnut intersection. He was informed by Jerry Copeland that the light is being removed due to a recent survey which indicates this particular intersection does not warrant a traffic light. The traffic signal is scheduled to be installed at an intersection on the west side of town due to repeated requests from the citizens in the vicinity of 9th & 10 Avenue and Summitview. Mayor Berndt asked staff to review the situation before taking further action to remove the traffic signal from 4th Street and East Walnut. Roy Ringrose, 1103 East Viola Avenue, proposed that signs be placed at the homes or businesses which are on the National Historic Register. He stated he is preparing such a sign for the Powell House in Yakima and presented drawings depicting how the sign will look upon completion. Mr. Ringrose further suggested that once the historic homes and buildings are identified, tours can be conducted, promoting tourism. Mayor Berndt asked Mr. Ringrose to meet with Glenn Rice, Director of Community & Economic Development, regarding these suggestions. She noted a new committee is being formed to determine which structures qualify for AAD /1 JANUARY lb, 1990 3 92. historic preservation funds:.. acid Mr: • Rice .can give him the details on that as well. Mayor Berndt read a proclamation designating the week of January 21 -27, 1990 as "Teen Challenge Week." "The proclamation was accepted by Reverend • David Ozanne, who is affiliated with Teen Challenge. 6. PUBLIC MEETING ON THE APPEAL OF THE HEARING EXAMINER'S DECISION PERTAINING TO THE REQUEST BY HAROLD LARSON FOR A HOME OCCUPATION PERMIT FOR A BARBER SHOP AT 5606 HAVEN WAY Council member Barnett excused himself from hearing the appeal due the appearance of fairness doctrine as Mr. Larson has been his personal barber for a number of years. Assistant City Attorney Tree stated that a Public Meeting was held on this issue on December 12, 1989, however, the tape recording system had not been properly programmed and a tape recording of that meeting does not exist. He said that Don Schussler, attorney for Harold Larson, asked for a reconsideration of the decision by the City Council. Mr. Tree explained that a letter was mailed to the parties of record notifying them that a public hearing would be held this date, with Council having the opportunity to hear new evidence. He asked that Mr. Carmody and Mr. Schussler present their viewpoints on the procedural matter prior to the public hearing. James Carmody, attorney for the residents of Haven Way, stated he has spoken with Mr. Tree and this is acceptable to him, however, he would like it to be understood that this is being considered in the context of Mr. Schussler's motion for reconsideration by the Council. Don Schussler, attorney for Harold Larson, stated he leaves to the City Attorney's office the resolution of the question of what this proceeding is today, but reminded Council that there are two new Council members since this issue was last heard. Mr. Schussler indicated that he does not object to the public hearing being conducted today. Mr. Carmody, nor any one else, voiced any objections to the public hearing. Mayor Berndt asked that the Council members if any of them had been contacted about this issue, or given any additional information about . the request prior to today's meeting. None of the Council members reported any such contact. Mayor Berndt asked those in favor of the appeal to comment at this time. Mr. Carmody, reviewed the history of this particular request, stating that Mr. Schussler is asserting that there was a carpet business at this location in the late 1960's and early 1970's which was operated by Lucky Meyer who received telephone calls from customers, and would make appointments to meet clients at his warehouse on Tieton Drive. Mr. Carmody pointed out that some of the Council members voted against the request at the December 12, 1989 meeting due to the fact that 13 of the 16 homeowners on Haven Way were opposed to the home occupation and Mr. Schussler contends that this action is constitutionally and legally improper. Mr. Carmody stated.the authority that Mr. Schussler is referring to is known as a "Consent Ordinance" which says you have to have the affirmative approval of a specified percentage of property owners in the affected area. Mr. Carmody pointed out that the City's ordinance does not require that type of action and is not applicable in this instance. He stated this request is a departure from R -1 zoning (single family residence) by allowing a home occupation, therefore, approval of the home occupation should be obtained from the homeowners. Mr. Carmody pointed out that the Comprehensive Plan and ordinance specifically addresses this issue, stating citizen preference is the primary factor . jor factor in determining to be the considered compatibility He stated involved citizen in preference this issue a . ma Traffic concerns, a change in the character of the neighborhood, and the devaluation of property are all concerns of the property owners on Haven Way. Mr. Carmody charged Council with determining the public welfare, public need or a benefit to the community prior to allowing the barber shop home occupation. He stated the reason this issue is before the Council is for Mr. Larson's economic and personal benefit. Mr. Carmody stated that Mr. Larson purchased the property in question in August of 1989, whereas, the other home owners have lived there for 25 -30 years and are entitled to the protection of the single family residential (R -1) zoning and the adherence to the City Council's prior decision, which was proper for a variety of reasons. AAD /2 393 JANUARY 16, 1990 Mayor Berndt asked that anyone else wishing to speak against the home occupation do so at this time. Juanita Crane, 5716 Haven Way, stated she has lived at this address since January of 1963. She stated that during the time period that Mr. Meyer operated the carpet business, Haven Way was in the County and even though the same parking places existed at that time, his clients still parked on the street and used the cul -de -sac as they did not anticipate 5606 as being the first house on the left. Mrs. Crane pointed out that the traffic was impacted by the business there. She also voiced concern about the decline of the property values in the area. Winson Moore, 302 North 56th Avenue, expressed concerns about clients of Mr. Larson's parking on the street rather than using the driveway or the parking spaces on his property. He stated the traffic will increase in the neighborhood and expressed concern for the safety of the children who play in Mr. Larson's driveway. Mr. Moore stated he believes property values will be negatively impacted and it will be virtually impossible to sell his property as commercial property; therefore, he is opposed to allowing the barber shop as a home occupation. Art Fisherwood, 803 -A South 48th Avenue, commented that he owns the duplex at 5608 -5610 Haven Way and does not want to see further erosion of the neighborhood by allowing a barber shop to operate at 5606 Haven Way. He urged Council to deny the request for the home occupation. Mayor Berndt asked that those present to speak in favor of the appeal do so at this time. Don Schussler, attorney for Harold Larson, recapped the situation before the Council. He stated Mr. Larson suffered a back injury which resulted in surgery. He is therefore, asking to operate a barber shop in his home as this will decrease the overhead, and at the same time, allows Mr. Larson an opportunity to rest between appointments. He also meets the criteria listed in the ordinance to allow for a home occupation in an R -1 zone. The Code Administration Manager ruled against the hone occupation request and the matter went before the Hearing Examiner who reversed the decision. The matter was heard by the Council on December 12, 1989, and Council voted to deny the request for a home occupation based on the residents' opposition to the barber shop. Mr. Schussler stated that a decision based on the desires of the other residents on Haven Way is an unlawful delegation of the Council's responsibility to Mr. Larson's neighbors. He said the only possible way the neighbors will know that business is occurring is in the amount of traffic generated in the course of an ordinary business day. He said off street parking exists in back of the home and in front of the home, and since Mr. Larson's driveway is the first driveway on the left side of Haven Way, there should not be a great impact. on the traffic in the actual cul-de -sac area. Mr. Schussler stated the ability of Mr. Larson to carry on his livelihood is very important to him. Mr. Larson, 5606 Haven.Way, responded to Mr. Moore's concern about the safety of neighborhood children playing in his driveway stating he built a tall wooden fence along the side of the driveway to prevent the children from playing there. He then addressed Council regarding his request for a home occupation explaining that he has operated a one -man barber shop for twenty five years in the downtown area, but due to health reasons, he has been forced to reduce his hours and it is no longer feasible, or cost effective, for him to operate a business downtown. Mr. Larson stated he investigated the city ordinance pertaining to home occupations and was familiar with the criteria prior to initiating his search for a home inside the city limits that would allow him to operate a barber shop in his home. He said that the property at 5606 Haven Way met the criteria set forth in the City ordinance and believes he should be allowed to operate his barber shop at that location. He indicated his hours of operation will be normal business hours, Monday through Friday, by appointment only. Mr. Larson pointed out that there is sufficient off street parking on his property so it will not be necessary for his clients to park on the street. Mr. Larson stated, given the nature of his health, working out of his home seems to be the only thing he can do and since he meets the criteria involved, he would appreciate Council's consideration. Kathy Larson, 5606 Haven Way, indicated the home is located off of 56th Avenue and is the first house on the left of Haven Way, so there should AAD /3 JANUARY 16, 1990 3 9 /- not be a significant impact on the traffic in the area of the cul -de -sac. Mrs. Larson stated during the:two months her husband was recuperating from back surgery, he shared his desire to open a barber shop in. the back of the home with his neighbors and no one voiced any objection, therefore, they were surprised at, the opposition they encountered after applying for a home occupation. Mrs. Larson commented, the $500 a month overhead for the downtown office has become a hardship for them and their financial survival depends on the home occupation. She appealed to Council to grant the request for the home occupation. Mayor Berndt offered another opportunity for opponents to comment on the appeal at this time. Mr. Carmody urged Council to make a decision based on the criteria contained in the Comprehensive Plan rather than the personal circumstances of.Mr. &. Mrs. Larson. • Elsie Moore, 302 North 56th Avenue, stated she is sympathetic to Mr. and Mrs. Larson's situation, however, she has to look out for her own interest • and does not want a barber. shop located in the neighborhood. She stated "M she cannot see that this is helping anyone but Mr. and rs. Larson. There ,being no one else wishing to speak in opposition to the appeal, Mayor'Berndt closed the public hearing and adjourned to Executive Session for the purpose of receiving hearing instructions'pertaining to this quasi - judicial issue. The Council meeting re- convened following Executive Session and Mayor Berndt announced that Council has taken this matter under advisement and wishes to further investigate some of the issues prior to making a decision next week. *7. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR FEBRUARY 7, 1990 ON TOWER RIGHT-OF-WAY VACATION FOR ALLEY BETWEEN FOURTH STREET AND YAKIMA AVENUE • RESOLUTION NO. D -5674; A RESOLUTION' fixing a time for'public hearing on February 7, 1990 before the Hearing Examiner on Petition No. 1093 to vacate alleyways within the block bounded by South Naches Avenue, East Chestnut Avenue, South 4th Street and East Yakima Avenue in the vicinity of "The Tower" building. *8. APPROVAL OF OUT -OF -STATE TRAVEL FOR AL CHRONISTER, CHUCK HEATH, AND MIKE MEYER, FIRE. INVESTIGATORS, TO ASHLAND, OREGON The Out -of -State travel for Al Chronister, Chuck Heath and Mike Meyer, Fire Investigators, to attend the Advanced Fire /Arson Career Development School, in Ashland, Oregon, February 21 -23, 1990, at a cost of $215.00 each, was approved. *9. CONSIDERATION OF AN. ORDINANCE REGULATING PARKING ON 8TH STREET IN THE VICINITY OF THE YAKIMA CENTER ORDINANCE'.NO: 3233, AN ORDINANCE relating to traffic, creating a fifteen - minute parking zone on East Yakima Avenue at 8th Street, and amending Section 9.50.095 of the City of Yakima Municipal Code. *10. CONSIDERATION OF AN ORDINANCE RELATING TO MANDATORY MINIMUM PENALTIES FOR POSSESSION OF MARIJUANA TO- COMPLY WITH STATE LAW ORDINANCE 3234,' AN ORDINANCE relating to public safety and morals; relating to mandatory minimum penalties for possession of marijuana and enacting Section 6.50.015 as a new section of the City of Yakima Municipal Code. . * 11. CONSIDERATION OF AN ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION ORDINANCE ESTABLISHING THE CABLE TV MANAGER POSITION ORDINANCE..NO." AN' ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective February 18, 1990; amending Subsections 2.20.100 A, 2.20.100 B, 2.20.110 A, and Subsection 2.20:110 C, all of the City of Yakima Municipal Code. AAD /4 3 95 JANUARY 16, 1990 12. OTHER BUSINESS Council member Buchanan announced that the National League of Cities Congressional meeting is coming up in the near future and asked permission to attend. It was MOVED BY SIMS,, SECONDED: BY PECHTEL, 'TO APPROVE THE TRAVEL DENDITUREFOR COUNCIL' MEMBER BUCHANAN.: The :`motion carried by a unanimous voice vote. Mayor Berndt informed Council that the Health District has identified a third meningococcus Type C case in a child that has lived in two different neighborhoods. She said clinics will be set up in the Convention Center and Castlevale School to give immunizations for those in ' high risk exposure areas. Regarding another matter, it was MOVED BY.` ;SEMON; °` SECONDED `BY'BEAUCHAMP, '10 AMEND THE CITY" CODE '''10 "ALLCV THE BUDGETED' OUT OF- STATE' TRAVEL :'10 BE DEALT WITH ' IN THE SAME MANNER ''' IN- STATE. 'TRAVEL, IN THAT THE . CITY MANAGER 'GIVES ' APPROVAL AND IT "IS `.NOT "'.;NECESSARY `. ":FOR :: °IT - TO .`.`:COME BEFORE THE CITY COUNCIL.: Mr. Semon. explained that the travel has already been approved in the budget process and it seems redundant for it to come before the City Council a second time. It was the consensus of the Council that this would not apply to the City Council travel requests. The question was called for a vote on '.the. notion. The :motion carried by .a unanimous voice vote. Information Items: Items of information supplied to Council were: Memo from Associate Planner regarding Eastside Annexation Phase II Status Report. 1/16/90; News release regarding Ridership Up For Extended Holiday Service. 1/8/90; Monthly Report on Transit Operations for November 1989; Monthly Reports on Minority Business Enterprise and Block Grant status for October 1989; Agenda for January 16, 1990 Special Parks & Recreation Commission meeting; Agenda for January 17, 1990 City of Yakima Hearing Examiner meeting; Article from January 1990 APWA Reporter,, "How to Prepare for New Stormwater Regulations "; Article from December' 10, 1989 The New York Times National, "Irrigation's Water Use Found to Be Mounting Problem "; and Article from December 25, 1989, Special Report on Real Estate and Development, "Monroe Doctrine: Growth and Strip, Shopping Malls Happen ". 13. EXECUTIVE SESSION REGARDING PENDING LITIGATION It was . MOVED' BY BUCHANAN ' SECONDED .BY. _ BEAUCHAMP TO ": MOVE INTO EXECUTIVE SESSION FOR' THE' PUPJOSE OF DISCUSSING ` PENDING LITIGATION WITH IMMEDIATE ADJOURNMENT::THEREAFTER _ The motion carried by a. unanimous ..voice vote. 14. ADJOURNMENT Following the completion of the Executive Session, the meeting adjourned at the hour of 4:35 P.M. READ AND CERTIFIED ACCURATE BY: / ,� JC COUNC L MEMBER TE COUNCI ' MBER DA E ATTEST: X 62), e--e—o-eA.tC44//C-' Qa-t i/OLf CITY CLERK 1 MAYOR Minutes prepared by Deputy City Clerk Barbara J. Toney, CMC. AAD /5 4 +,L yY ..a� t 395 -A f k F ,t t. SPECIAL MEETINGJANUARY 23, 1990 *4* • • The City Council met in session on this date, at 1:45 P.M. in the Council Chambers of City Hall, Yakima, Washington.' Mayor Pat Berndt, presiding, Council members Clarence Barnett, George Pechtel, Skip Semon and Bernard .Sims present on roll call. City Manager Zais, City Attorney Vanek, and City Clerk Roberts also present. Council members Henry Beauchamp and Lynn Buchanan absent and excused. 1. EXECUTIVE SESSION FOR QUASI- JUDICIAL PURPOSE REGARDING HAROLD LARSON APPEAL The Council members, with the exception of Council member Barnett who excused himself due to appearance of fairness, adjourned into Executive Session for approximately 15 minutes for quasi - judicial purposes to consider the appeal of the Hearing Examiner's decision pertaining to the request by Harold Larson for a home occupation permit. Following the Executive Session, the Council convened for the regularly scheduled Council meeting. READ AND CERTIFIED ACCURATE BY: / i_ / COr IL MEMBER DATE _ • 1 • ' ZUNC ,,' M :ER DATE ATTEST: (;;;L", t/(d CITY CLERK MAYOR • • Page inadvertently left blank. r