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HomeMy WebLinkAbout05/21/1996 Business Meeting / Joint Meeting 30 CITY OF YAKIMA, WASHINGTON MAY 21, 1996 BUSINESS MEETING /JOINT MEETING WITH YAKIMA COUNTY COMMISSIONERS 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, Henry Beauchamp, .Ernie Berger, John Klingele, John Puccinelli, and Bernard Sims present on roll call. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Puccinelli. 3. CONSIDERATION OF JOINT RESOLUTION AMENDING THE AIRPORT NAME TO YAKIMA AIR TERMINAL -- MC ALLISTER FIELD Mayor Buchanan welcomed County Commissioners Jim Lewis and Charles Flower, who were present to jointly consider this issue with the Council. Mayor Buchanan asked if anyone feels there is a conflict of interest because he is, on occasion, a flight instructor for McAllister Flight School. There being no one present voicing any such objection, Mayor Buchanan proceeded with this issue. Commissioner Lewis explained it was a special privilege to honor Charles Dunn McAllister, a pioneer in the promotion, advancement and development of the aviation community.. He and Mayor Buchanan read a substitute joint resolution to rename the airport to Yakima International Airport -- McAllister Field. It was MOVED BY FLOWER, SECONDED BY PUCCINELLI, TO ADOPT THE JOINT RESOLUTION. The motion carried by unanimous voice vote. Elsie Gregorich, 1516 Browne Avenue, added that the Flight Museum in Seattle has an original pilot's license for Mr. McAllister signed by the Wright Brothers. Paul Schafer pointed out that the list should also include endorsements from the Museum of Flight in Seattle and the Daughters of the Pioneers of Washington. He also reported that today marks the anniversary of the completion of Lindbergh's first non -stop flight from New York to Paris. Commissioner Lewis thanked Mr. Schafer for all his hard work in this process. Charlie McAllister accepted the Joint Resolution from Mayor Buchanan and Commissioner Lewis and thanked the officials for this recognition. It was MOVED BY LEWIS, SECONDED BY FLOWER TO ADJOURN THE MEETING OF THE YAKIMA COUNTY COMMISSIONERS AT 2:15 PM. The motion carried by unanimous voice vote. *1;;:,'/!1 , , W. MAY 21, •, 199 6 RESOLUTION NO. R- 96 -60, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY honoring Charles Dunn "Charlie" McAllister by renaming the Yakima Air Terminal "Yakima International Air Terminal - McAllister Field ". 4. OPEN DISCUSSION FOR THE GOOD OF THE ORDER II A . PROCLAMATIONS (IF APPLICABLE) It was MOVED BY PUCCINELLI, SECONDED BY SIMS, TO RECONSIDER THE FTZ VOTE. The motion carried by 6 -1 voice vote; Berger voting nay. It was MOVED BY PUCCINELLI, SECONDED BY SIMS, TO FINISH OUR CONTRACT FOR THE REMAINDER OF THIS YEAR FOR FTZ. Council Member Puccinelli explained that since New Vision has developed a concentrated effort to make the FTZ work with bench marks and monthly meetings, he was willing to change his vote. The question was called for a vote on the motion. The motion carried by a 4 -3 voice vote; Barnett, Berger, and Klingele voting nay. Mayor Buchanan proclaimed May 19 -25, 1996 as National Public Works Week. Jerry Copeland, Director of Public Works, accepted the proclamation. After a brief discussion concerning the application received on the same day as committee appointments. were made, it was MOVED BY BEAUCHAMP, SECONDED BY KLINGELE, TO APPOINT LUZ BAZAN GUTIERREZ AS AN ADDITIONAL MEMBER TO THE NEIGHBORHOOD ZONING ORDINANCE REGULATORY STANDARDS REVIEW COMMITTEE. The motion carried by unanimous voice vote. 5. CONSENT AGENDA Mayor Buchanan referred 1 ,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 Agenda Items Nos. 14 and 22 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 BERGER, 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 THE MINUTES OF MAY 7, 1996 ADJOURNED AND BUSINESS MEETINGS I/ The minutes of the May 7, 1996 Adjourned and Business meetings, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 7. PUBLIC HEARING ON KELLER ANNEXATION This being the time set for the public hearing, Bruce Benson, Associate Planner, reported that petitions for 99% of the assessed valuation of $245,250 have been received. He urged the Council to accept the Petition and pass the proposed 2 32. MAY 21, 1996 legislation. Mayor Buchanan opened the public hearing and invited public testimony. There being no one wishing to speak, he closed the public hearing. Ordinance No. 96 -37 was read by title, and it was MOVED BY SIMS, SECONDED BY KLINGELE, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Beauchamp temporarily absent. ORDINANCE NO. 96 -37, AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective July 1, 1996. (Keller Annexation) 8. PUBLIC MEETING TO CONSIDER HEARING EXAMINER RECOMMENDATION TO REZONE PROPERTY IN VICINITY 5104 W. NOB HILL BLVD., REQUESTED BY RON KNIGHT AND RON COLEMAN This item was considered out of sequence of the Agenda after Item No. 10. This being the time set for the public meeting, Larry Lehman, Associate Planner, provided the details of the rezone request. The staff recommendation is to accept the Hearing Examiner's recommendation to approve the rezone, subject to the condition of a development agreement. Mr. Lehman explained the applicants have stated their intent to develop a multi - family residential complex. In developing the site they propose leaving the west 30 feet of this site undeveloped to provide opportunity for future access to properties to the south. This 30 feet, combined with the existing 20 foot parcel adjoining it to the west, would be used to form a 50 foot right -of -way designated for future access to properties to the south. Mr. Lehman also pointed out that Yakima County transferred the land use jurisdiction of this property to the City of Yakima because it is part of a pending 19 -acre annexation. If the rezone is approved, it would be effective concurrently with the effective date of the Annexation Ordinance. Mayor Buchanan opened the public meeting and invited public testimony. Ron Knight, applicant, urged the Council to approve the rezone request and accept the Hearing Examiner's recommendation. He explained his intention to provide opportunity for future access to properties south of this site by leaving 30 feet on the west side of the property undeveloped. He sought and received assurances that when the need arises to create the access to the southerly parcels, there is a method in place to permit him to segregate that 30 feet to sell it to the other property owner. There was discussion among the Council, staff and Mr. Knight concerning that access. I/ There being no one else wishing to comment about this rezone request, Mayor Buchanan closed the public meeting. It was MOVED BY KLINGELE, SECONDED BY BARNETT, TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION AND DIRECT STAFF TO PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous voice vote. 3 33 MAY 21,H.19 9. PUBLIC MEETING ON APPEAL OF HEARING EXAMINER'S DECISION TO APPROVE REQUEST BY YAKIMA VALLEY MEMORIAL HOSPITAL TO CONSTRUCT A MEDICAL OFFICE BUILDING AT 3003 TIETON DRIVE City Attorney Paolella reported an agreement was reached between the neighborhood and Memorial Hospital and the appeal has been withdrawn. The Council did not consider this issue. 10. PUBLIC MEETING ON 1995 CDBG GRANTEE PERFORMANCE REPORT This being the time set for the public meeting, Dixie Kracht, Block Grant Manager, referenced the summary report detailing year -to -date information about the City of Yakima's Community Development Block Grant (CDBG) Program. She entertained several questions from the Council, including the issues of median income, specific agencies listed in the report, and the services and assistance available as part of the various programs administered by the Office of Neighborhood Development .Services. Mayor Buchanan opened the public meeting and invited public testimony. There being no one wishing to speak, he closed the public meeting. It was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO APPROVE THE REPORT AND AUTHORIZE THE CITY MANAGER TO SIGN AND SUBMIT THE REPORT. The motion carried by unanimous voice vote. 11. AUDIENCE PARTICIPATION There was none. 12. APPROVAL OF 1995 AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE REPORT (CONTINUED FROM 5/7/95 Council Member Beauchamp asked that this item be removed from the Consent Agenda in order to request a meeting with staff to discuss some of his concerns. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO ACCEPT THE REPORT. The motion carried by unanimous voice vote. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH DAMES AND MOORE FOR ENVIRONMENTAL HEALTH AND SAFETY RESOLUTION NO. R- 96 -61, A RESOLUTION authorizing the execution of an agreement for professional engineering and consulting services between the City of Yakima, a municipal corporation, and Dames & Moore, Inc. I/ 14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH GRAY AND OSBORNE FOR WATER CORROSION CONTROL PLANS Council Member Klingele requested this item be removed from the Consent Agenda so he could inquire about the Corrosion Control Plan. Dueane Calvin, Water & Irrigation Manager, explained this contract would authorize the design for the corrosion control program. He will provide Council Member 4 34 MAY 21, 1996 Klingele with a copy of the Corrosion Control Plan. Resolution No. R -96 -62 was read by title and it was MOVED BY SIMS, SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION. The motion carried by unanimous voice vote. RESOLUTION NO. R- 96 -62, A RESOLUTION authorizing execution of a contract for engineering services with Gray and Osborne, Inc. *15. CONSIDERATION OF RESOLUTION AUTHORIZING INTERFUND LINE OF CREDIT BETWEEN THE GENERAL FUND AND THE NEIGHBORHOOD DEVELOPMENT FUND RESOLUTION NO. R- 96 -63, A RESOLUTION authorizing an Interfund Line of Credit (Loan) from 000 - General Fund to the 124- ` Neighborhood Development Services Fund, and providing for repayment. *16. SET DATE OF PUBLIC MEETING FOR JUNE 25, 1996 TO CONSIDER APPEALS OF THE SEPA THRESHOLD DECISION ON THE MERCY REZONE PROJECT, FILED BY YAKIMA COUNTY AND AIKEN DEVELOPMENTS June 25, 1996 was set as the date of public meeting to consider appeals of State Environmental Policy Act (SEPA) Threshold Decision on Mercy Rezone Project, filed by Yakima County and Aiken Developments. *17. SET DATE OF PUBLIC HEARINGS /MEETINGS FOR JUNE 4, 1996 ON: A. REZONE REQUESTED BY TERRY MORTON AND LYNN PARTON June 4, 1996 was set as the date of public hearing to consider the Hearing Examiner's recommendation to deny a rezone request submitted by Terry Morton and Lynn Parton for property in the vicinity of 1105; 1107 & 1109 East Mead Avenue. B. FIRE DEPARTMENT REZONE June 4, 1996 was set as the date of public meeting to consider the Hearing Examiner's recommendation approving a rezone request submitted by the City of Yakima Fire Department for property in the vicinity of 807 East Nob Hill Boulevard (Fire Station #5) C. MC CLURE APPEAL OF HEARING EXAMINER'S DECISION June 4, 1996 was set as the date of public hearing to consider the UAZO Appeal by Gregory McClure of the Hearing Examiner's recommendation to approve an appeal submitted by Janice Woolen regarding a fence height administrative adjustment on property located at 1020 South 31st Avenue. 5 35 MAY 21,.-1996 )rr� * 1 8. SET DATES OF PUBLIC HEARING FOR JUNE 11, 1996 AT 7:00 PM AND JUNE 25, 1996 AT 2:00> FOR THE',;COMPREHENSIVE PLAN RELATED TO THE GROWTH MANAGEMENT ACT June 11, 1996, 7:00 p.m. and June 25, 1996, 2:00 p.m., were set as dates and times for public hearings on the Yakima Urban Area Comprehensive Plan. *19. APPROVAL OF FIRST QUARTER 1996 ENGINEERING CIP REPORT The 1996 First Quarter Engineering Capital Improvement Program Report was accepted. *20. APPROVAL OF APRIL 1996 BUDGET REPORT The April Revenue and Expenditure Report (Budget Report) was accepted. 21. CONSIDERATION OF ORDINANCE PROVIDING FOR STAY OF SUSPENSION OR REVOCATION OF AN ADULT ENTERTAINMENT LICENSE PENDING JUDICIAL REVIEW (CONTINUED FROM 5/7/96) Jeff West, Assistant City Attorney, explained this is a housekeeping ordinance to keep the City up -to -date with the Constitutionality of rules to allow for a stay pending appeal. Mr. West further explained that this proposed legislation would not be as susceptible to challenge and explained the current ordinance does not provide for a stay of a license suspension or revocation pending judicial review. Council Member Beauchamp expressed his . concern that this amendment would open the door for any type of adult entertainment business. Council Member Puccinelli referred to a recent event at the , Premier Pub and there was discussion about how that incident relates to the current permit process. Staff is working on other legislation pertaining to that issue. Ordinance No. 96 -38 was read by title, and it was MOVED BY KLINGELE, SECONDED BY PUCCINELLI, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 96 -38, AN ORDINANCE relating to licenses and business regulations; providing for a stay of a suspension or revocation of an adult entertainment license pending judicial review and enacting as a new section, Section 5.30.093 of the City of Yakima Municipal Code. 22. CONSIDERATION OF ORDINANCE ALLOWING FOR ADDITIONAL TAXICAB SERVICE AT THE AIRPORT AND INCREASING THE RATES FOR TAXICAB SERVICE I/ Jeff West explained the proposed legislation included changing the age to 25, allowing concentric taxicab zones, removing the requirement that the taxicab driver wear a distinctive cap, and a request to increase rates to offset increases in operations. Council Member Puccinelli had contacted him and indicated the age restriction of age 25 is restrictive, unnecessary, and unfair; therefore, a substitute ordinance was prepared which eliminates the age 25 requirement. 6 3'6 MAY 21, 1996 Ted Flynn, Cadillac Ted, stated that no insurance company will insure any driver under 25. Pam Scott, Diamond Cab, described her vulnerability to a lawsuit for age discrimination for not hiring anyone under age 25. There was a considerable amount of discussion about the age of. 25 requirement and the city's requirement of insurability. Council Member Sims requested the taxi zone map be part of the ordinance. Substitute Ordinance No. 96 -39 was read by title, and it was MOVED BY SIMS, SECONDED BY KLINGELE, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Beauchamp absent after 3:14 p.m. ORDINANCE NO. 96 -39, AN ORDINANCE relating to licenses and business regulations; regulating taxicabs and vehicles for hire; allowing for additional taxicab services at the airport and increasing the rates for taxicab services; enacting a new section, Section 5.78.085; and amending Sections 5.78;090, 5.78.100, 5.78.130, and 5.78.230, all of the City of Yakima Municipal Code. *23. CONSIDERATION OF ORDINANCE AUTHORIZING ISSUANCE OF REFUNDING /ADVANCE REFUNDING OF WATER /SEWER REVENUE BONDS ORDINANCE NO. 96 -40, AN ORDINANCE of the City of Yakima, Washington, providing for the refunding of certain outstanding water and sewer revenue bonds of the City, authorizing the issuance and sale of water and sewer revenue refunding bonds of the City in the principal amount of not to exceed $4,000,000, to pay the cost of such refunding; fixing the date, form, terms, maturities and covenants of such bonds; and providing the covenants and terms under which the City may issue future water and sewer revenue bonds on a parity with such bonds. *24. CONSIDERATION OF LEGISLATION RELATING TO 911 CALL - TAKERS COMMUNICATION BUDGET: A. ORDINANCE CREATING PUBLIC SAFETY COMMUNICATIONS FUND ORDINANCE NO. 96 -41, AN ORDINANCE relating to funds and accounts; creating a Public Safety Communications Fund; designating the sources of revenue and permissible expenditures from such fund; and enacting Chapter 3.115 "Public Safety Communications Fund" and Sections 3.115.010, 3.115.020 and 3.115.030 as new chapter and sections of the City of Yakima Municipal Code. B. FIRST READING OF ORDINANCE AMENDING THE 1996 BUDGET AND APPROPRIATING FUNDS TO PROVIDE PUBLIC SAFETY COMMUNICATIONS AND 911 CALLTAKING SERVICES An Ordinance amending the 1996 budget and appropriating funds to provide for public safety: communications and 911 calltaking services, having been read by title only, was laid on the table for two weeks, until June 4, 1996. 7 MAY 21;, 1996 *25. FIRST READING OF ORDINANCE AMENDING THE 1996 BUDGET AND APPROPRIATING FUNDS .FOR:; SPRAYFIELD. DAMAGE REPAIR An ordinance amending the 1996 budget and appropriating funds for flood damage repair at the Wastewater sprayfield, having been read by title only, was laid on the table for two weeks, until June 4, 1996. 26. OTHER BUSINESS A. _I -82 SIGNAL UPDATE Dennis Covell, Contract Coordinator for the Gateway Project, requested the temporary signal at Yakima Avenue and the north bound off ramp of I -82 remain in operation for a two -year period. Gary Lukehart will pay the cost to maintain the signal because he believes it will enhance the Gateway Center and also enhance access to the Sundome . If within the two year period the signal meets warrants, all I -82 financing parties will negotiate a financing plan for the permanent installation of the signal. Following a brief discussion concerning the request, it was MOVED BY SIMS, SECONDED BY KLINGELE, TO APPROVE THE MODIFICATION FOR UP TO TWO YEARS. The motion carried by unanimous voice vote; Beauchamp absent. Information Items: Items of information provided to Council were: Notice of May 18, 1996 Southeast Neighborhood Partnership meeting; Notice of Ten Year Anniversary celebration for Leadership Yakima program on June 19, 1996; Video Premier and Open House for Yakima County Coalition for the Homeless on May 29, 1996; Agenda for,May 23,.1996 Hearing Examiner meeting; Letter from CH2M 'Hill regarding I -82 /Yakima Avenue Interchange and Fair Avenue Project Phases III & IV Progress Report - October 1995 through March 1996. 5/12/96; Human Resources Division Monthly Status Report for April 1996; Notice from State Department of Revenue regarding Revenue Impacts of Initiative 657. 4/16/96; Legal Department Monthly Report for March 1996; Assignments Pending in Office of Environmental Planning as of May 21, 1996; Letter from U. S. Department of HUD regarding Empowerment Zones and Enterprise Communities. 4/3/96; Yakima Valley Conference of Government Newsletter; May 1996; Minutes of the April 18, 1996 Community & Economic Development Review Committee meeting; and Minutes of the April 8, 1996 Parks and Recreation Commission meeting. 1/ 27. EXECUTIVE SESSION REGARDING: A. PROPERTY DISPOSITION (DEVELOPMENT PROPOSAL BY PAC - WEST, INC.) It was MOVED BY SIMS, SECONDED BY BERGER, TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS PROPERTY DISPOSITION AND PROSPECTIVE LITIGATION WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Beauchamp absent. 8 38 MAY 21, 1996 28. ADJOURNMENT Following the conclusion of the Executive Session at 4:05 p.m., the meeting adjourned. READ AND CERTIFIED ACCURATE BY: /7 /7--0 ' ? 2 !•UNC M MBER DATE "• CIL MEMBER DATE ATTEST: CITY CLERK c- /-7-1-c- / LYNN BUCHANAN, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are available in the City Clerk's Office • 9 •