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HomeMy WebLinkAbout08/24/1993 Business Meeting 392 CITY OF YAKIMA, WASHINGTON AUGUST 24, 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. I/ Mayor Pat Berndt, presiding, Council Members Clarence Barnett, Henry Beauchamp, ;Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, Assistant City Attorney Carberry, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Sims. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) None. 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. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF THE JANUARY 17, MAY 18, JUNE 15, AND AUGUST 16, 1993 ADJOURNED MEETINGS; JULY 6, JULY 13, JULY 20, AUGUST .10,.AND AUGUST 17, 1993 BUSINESS MEETINGS; AND JULY 20, 1993 SPECIAL MEETING The minutes of the January 17, May 18, June 15 and August 16, 1993 Adjourned meetings and July 6, 13 and 20, and August 10 and 17, 1993 Business meetings, and July 20, I/ 1993 Special meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION Charlie Eglin, 106 W. Pine, asked if the Council would be making a decision today regarding the law and justice facility project. City Manager Zais reported that this 393 AUGUST 24, 1993 morning staff had a meeting with a private developer regarding an additional site to be considered. He stated staff will be speaking with Council members about making plans to proceed with an additional RFP. It would be another week or so before that announcement would be made. Mr. Eglin inquired if anyone can make a proposal on that site and Mr. Zais replied in the affirmative. Mayor Berndt explained that the coffee mugs which will be provided to some of the foreign buyers at the Agricultural Showcase, as a good -will gesture, was suggested by Glenn Valenzuela, Director of Community and Economic Development. *7. CONSIDERATION OF RESOLUTION AUTHORIZING SUBMISSION OF HOPE 3 APPLICATION FOR FUNDING FOR 1994 HOUSING PROGRAM RESOLUTION NO. R 93 - 89, A RESOLUTION authorizing and directing the City Manager and the City of Yakima to file an application with the Department of Housing and Urban Development for funding for a Hope III Program. *8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SEWER REIMBURSABLE AGREEMENT WITH RICHARD A. WELKE RESOLUTION NO. R 93 - 90, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Richard A. Welke for the partial reimbursement of construction cost for a sewer main extension. *9. CONSIDERATION OF RESOLUTION AUTHORIZING SUBMISSION OF PRELIMINARY 1993 RENTAL REHABILITATION GRANT RESOLUTION NO. R 93 - 91, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an Application with the Washington State Department of Community Development for funding for a rental rehabilitation program. *10. APPROVAL OF THE 1992 ANNUAL TRANSIT REPORT The 1992 Annual Transit Report was accepted. I/ *11. SET DATE OF HEARING FOR SEPTEMBER 14, 1993 FOR CONSIDERATION OF AMENDED PLAT OF CHESTNUT GROVE September 14, 1993 was set as the date of public meeting for consideration of the Final Plat for the "Amended Plat of Chestnut Grove." 2 394 AUGUST 24, 1993 *12. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR PORTICO AT ENTRANCE TO SCHULTZ FURNITURE The Right -of -Way Use Permit for Schultz Furniture, located at 7 No. 5th Avenue, to redefine the store entrance to include a portico which will extend into the City right -of- way, was approved. 13. CONSIDERATION OF LEGISLATION PERTAINING TO URBAN AREA ZONING ORDINANCE AND SIGN CODE AMENDMENTS: Don Skone, Planning Manager, stated that Item 13 consists of three separate items, which are all related. One item is an ordinance making amendments to the Urban Area Zoning Ordinance; the second item makes amendments to the Sign Code relating to abandoned signs; and the third item amends two sections of the Yakima Municipal Code related to political signs. He reported that this morning, the County adopted their set of the amendments to the Urban Area Zoning Ordinance to become effective October 1st. The amendment to the abandoned signs is to consider them abandoned after six months. He stated he provided Council with a memo regarding the amendments relating to political signs, which were prepared, per Council direction, to allow political signs in the planter section of the street right -of -way. There is one additional change of the zoning ordinance that needs to be made to Section 15.08.080, relating to projecting and free - standing signs. That amendment will be included in the next Code review which begins in October. Staff's recommendation is to adopt the proposed ordinances; administer the proposed right -of -way use section of the Municipal Code as the authority and Council direction for permitting signs within the right -of -way; and direct staff to prepare amendments to Section 15.08.080 to be included in the 1994 Zoning Amendment process. Council Member Brado suggested in the 1994 Zoning Amendments, staff consider the pit set requirements on page 40, item 4, which is now 12" be changed to 18 ". Also, in the Sign Code', he suggested Council might want to 'consider limiting the size of political signs, the number of signs that can be placed in the right -of -way, and whether the adjoining property owner's permission should be required. Mayor Berndt opened the public meeting for public testimony. I/ There being no citizen present wishing to speak, the public meeting was closed. A. ORDINANCE MAKING URBAN AREA ZONING TEXT AMENDMENTS Ordinance No. 93 -81, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, THAT THE ORDINANCE BE PASSED. The motion carried by unanimous roll call vote. 3 3:9 5 AUGUST 24, 1993 ORDINANCE NO. 93 - 81, AN ORDINANCE relating to zoning; amending Ordinance 2947, as previously amended by Ordinance 3019 and Ordinance 3106, codified as Yakima Municipal Code Title 15, The Yakima Urban Area Zoning Ordinance; defining the following terms: agricultural building, adult day care center, agricultural related industry, auction house, bed and breakfast, Inn, bingo parlor, car wash, card room, centerline of right -of -way, commercial services, consulting services, day care facility, day care homes - family, day care center, delicatessen and other specialty food stores, desk top publishing, driveway, food preparation, game room, garage- private, garage - public, hazardous materials, gift shop, home instruction, kennel, lot line - front, manufactured structure, modular home, meeting hall, parking lot, personal services, pet, product assemblage, professional business, screen, second hand store, specialty food store /food store - specialty, storage facilities -bulk, storage- vehicle, technical equipment, towing services, travel agency, waste water spray field, water system- public, wrecking yard, and zoo; limiting accessory uses to those compatible with the principal use and consistent with the purpose and intent of the zoning district and establishing garages and pets as accessory uses; establishing review criteria for drive through facilities and providing that any commercial use having such a facility shall be subject to one higher level of review than shown in Table 4 -1 except those already requiring Class (3) reviews and financial institutions that do not abut residential zones; amending Table 4 -1, Table of Permitted Land Uses; revising the conditions which must be met to establish a home occupation as an accessory use; providing that the administrative official may waive part or all of the requirements for a site plan for Class (1) home occupations; prohibiting taxidermist, two way radio and mobile telephone system sales and service, and vehicle sign painting as home occupations; establishing procedures for the determination of parking requirements for home occupations; amending Table 4 -2, Table of Permitted Home Occupations, revising siting standards for the placement of mobile /manufactured homes in residential districts; establishing standards for the placement of manufactured modular and non - residential structures and defining the term; amending Table 4 -3, Review Requirements for I/ Mobile /Manufactured Homes; increasing permitted front yard fence height to four (4) feet provided clear vision triangle standards are met; establishing standard screen height standards and defining the term; clarifying the method of establishing a clear view triangle for drive way curb cuts; amending Table 5 -1, Design Requirements and Standards and Table 5 -2, Subdivision Requirements; adding vehicle storage as a use or an accessory use subject to off street parking and loading space requirements; adding two - family (duplex) dwellings as a use subject to tandem parking regulations; adding vehicle storage as a use subject to landscaping and 4 396 AUGUST 24, 1993 parking areas requirements and providing that landscaped areas may be used to satisfy lot coverage requirements; adding vehicle_ storage as a use subject to off street parking construction and maintenance requirements; amending Table 6 -1, Table of Off Street Parking Standards; deleting the definition of abandoned sign; adding definitions for banner, canopy sign, roof sign, use identification sign, and window sign, amending the definitions of political sign, and wall sign, and clarifying that various definitions are subject to other subsections of Chapter 15.08.; adding school or community center name signs, awning signs, and official public or court notices to the list of signs exempt from the requirements of Chapter 15.08; establishing standards for determining when a sign is prohibited by virtue of being in a dilapidated or hazardous condition; establishing requirements for sign maintenance; providing that exterior lighting must be shielded and directed away of adjoining streets and residential uses; requiring removal of abandoned wall signs and defining the term; reducing the number of temporary signs permitted and providing that no such sign may be placed in public right -of -way; prohibiting bill boards in the B -2 district, reducing maximum bill board area to 300 square feet and revising the bill board siting criteria; limiting freeway signs to one per parcel, multi building complex, or development; clarifying comprehensive design plan requirements; amending Table 8 -1, Type and Number of Signs Permitted; establishing the maximum number of domesticated farm animals which may be kept on site and establishing fencing requirements; establishing special requirements for bed and breakfast inns; revising application requirements; amending the fee schedule and administration provisions to provide that the legislative body shall adopt and maintain a current schedule of fees and deleting Table 11 -3; authorizing the reviewing official to extend the expiration date of a certificate of zoning review beyond one year; clarifying that notice of public hearings on Class (3) applications will be as provided in Table 11 -2; allowing a "summary of decision" to be mailed to parties of record to a Class (3) review proceeding; allowing controlled atmosphere cold storage warehouses to increase parking by up to twenty (20) spaces; allowing the imposition of fees for zoning interpretations; and amending the following sections and subsections: 15.02.020A, 15.02.020B, 15.02.020C, 15.02.020D, 15.02.020F, 15.02.020G, 15.02.020H, 15.02.020K, 15.02.020L, 15.02.020M, 15.02.020P, 15.02.020S, 1502.020T, 15.02.020W, 15.02.0202, 15.04.030, 15.04.050, 15.04.090, 15.04.120(b), 15.04.120(c), 15.05.020, 15.05.040(2), 15.06.020, 15.06.040(a), 15.06.050(d), 15.06.090(a), 15.06.110, 15.08.020, 15.08.040, 15.08.050(e), 15.08.060, 15.08.070, 15.08.100, 15.08.110, 15.08.130, 15.08.150(c), 15.08.170, 15.09.090, 15.11.020(b), 15.11.020(f), 15.11.100, 5 3.97 AUGUST 24, 1993 15.12.050, 15.12.060(a), ,:15,15.040(b), 15.15.050, 15.17.050(b), 15.22.020; and enacting Sections 15.04.055, 15.04.125, 15.08.055, and 15.09.110 as new sections of the Yakima Municipal Code. I/ B. ORDINANCE AMENDING THE YAKIMA MUNICIPAL SIGN CODE PERTAINING TO REMOVAL OF ABANDONED SIGNS Ordinance No. 93 - 82, 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. ORDINANCE NO. 93 - 82, AN ORDINANCE relating to signs; and amending Section 11.08.050 of the Yakima Municipal Code (Sign Code) 'to increase the time period for removal of abandoned signs from thirty days to six months after • issuance of notice to remove the sign. C. ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE RELATING TO POLITICAL SIGNS Ordinance No. 93 - 83, having been read by title, it was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, THAT THE ORDINANCE BE PASSED. The motion carried by unanimous roll call vote. ORDINANCE NO. 93 - 83, AN ORDINANCE relating to buildings, streets, and sidewalks, repealing prohibitions against placing political signs in public rights -of -way not currently dedicated to public use and enacting Sections 11.08.075 and 11.08.077 and amending Section 8.20.010 all of the City of Yakima Municipal Code. *14. CONSIDERATION OF ORDINANCE AMENDING THE MANAGEMENT HEALTH CARE PROGRAM TO PROVIDE FOR SELF - FUNDED CITY COUNCIL MEMBER PARTICIPATION ORDINANCE NO. 93 -84, AN ORDINANCE relating to personnel and group insurance; expanding coverage under the management plan, to include City Council members; and amending Subsection D of Section 2.04.030 of the City of Yakima Municipal Code. *15. FIRST READING OF AN ORDINANCE AMENDING THE 1993 BUDGET AND APPROPRIATING FUNDS FOR PURCHASE OF SNOW /ICE CONTROL REPLACEMENT EQUIPMENT (No FORMAL ACTION REQUIRED THIS MEETING) An ordinance amending the 1993 budget and appropriating funds for the purchase of snow and ice control equipment, having been read by title only, was laid on the table for two weeks, until September 7, 1993. 6 3.98 AUGUST 24, 1993 16. OTHER BUSINESS Council Member Semon referred to the memo 'from the City Engineer regarding the 1st Avenue Paving Project being behind schedule, and inquired if there is some kind of penalty for the project being late. City Manager Zais stated the contract does afford for liquidated damages for 1/ being late, based upon proof it is a viable problem and there is not an acceptable answer for the delay. He stated staff will research this to see if there were mitigating circumstances to warrant the delay. Council Member Beauchamp stated that approximately four -to- six weeks ago, Council instructed staff to proceed to make provision for adding restrooms to the Transit Transfer facility. He stated he asked the construction superintendent if those instructions had been given to him, since it did not appear that this change was being included in the construction he saw. He stated he would like to find out why we are delaying taking any action on this since Council vote affirmatively by 4 -3 vote to include the restrooms. Mayor Berndt and Council Members Semon and Buchanan disagreed with Council Member Beauchamp's recollection of the vote; indicating the vote was to ask staff to come back to Council with alternatives to include the restrooms. Jerry Copeland, Director of Public Works, stated it was his understanding that staff was instructed to look into that situation and report back to Council. At the time the request was made, the pad for the building was already poured and staff requested the construction not be delayed. He stated a change order was authorized for $1,100 to install a conduit (utility sleeve) under the driveway to allow for the building of a restroom across from the transit facility. He stated that Council should receive a copy of the report at the next Council meeting on September 7th. Council Member Barnett requested a copy of the Value Engineering Team's report this Friday if possible since the report is due this Thursday. City Manager Zais stated it is scheduled for discussion on September 7th and can be provided to Council earlier. He stated that a letter from DOT was provided to Council just prior to today's meeting. Information Items: Items of information supplied to Council were: Memorandum from City Engineer regarding North First Avenue Status Report. 8/19/93; Memorandum from Cable Communications Manager regarding Changes in TCI's Cable Subscription Rates. 8/20/93; Memorandum from Dick Anderwald, Yakima County Planning Department, regarding The Last Urban Growth Concepts Meeting - RESCHEDULED. 8/18/93; Memorandum from State Assistant Director Growth Management Division 7 39 9 AUGUST 24, 1993 regarding Interim Urban Growth Areas. 8/16/93; Article from August 1993 Public Risk, "The Drain Game: Local and State Budgets Face Federal Mandates "; Monthly Report of the Chief of Police for July 1993; Yakima Transit Second Quarter 1993 Report; Assignments. Pending in Office of I/ Environmental Planning as of August 24, 1993; and Washington State Labor Area Summary for Yakima. June 1993 17. ADJOURNMENT There being no further business to come before the Council, it was MOVED BY BUCHANAN, SECONDED BY BARNETT, TO ADJOURN THE MEETING. The motion carried by unanimous voice vote. The meeting adjourned at 2:35 p.m. READ AND CERTIFIED ACCURATE BY: /. / .� �.� t i C BER /DATE i MA / Q l COUNC L EMBER DTE ATTEST: /4Jul.,..- /20-44,1/4.,t. CA:et CITY CLERK MAYOR 8