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.
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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
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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.
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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
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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.
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MAY 21,.-1996
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* 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.
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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.
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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.
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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 ' ?
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!•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
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