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Home My WebLink About01/19/1999 Business Meeting 3 CITY OF YAKIMA, WASHINGTON JANUARY 19, 1999 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, Mayor John Puccinelli, presiding. Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, Mary Place, and Bernard Sims present on roll call. City Manager Zais, City Attorney Paolella, and City Clerk Roberts were also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE An Invocation was given by Mayor Puccinelli, followed by the Pledge of Allegiance led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) • VALLEY READ WEEK - JANUARY 23 - 30, 1999 Mayor Puccinelli read the proclamation declaring January 23 -30, 1999 as Valley Read Week, encouraging literacy awareness in the community. Council Member Buchanan urged the public to become aware of the requirements of proposed changes in local air quality regulations. He stressed the importance of learning the effects of the changes, which will require the paving of dirt streets, fees for the Fire Department training, and allows them to enter private property without .a warrant. Council Member Beauchamp commended Mayor Puccinelli for making the City's voice heard. 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. He announced that Item No. 16 was removed from the agenda by staff. It was the general consensus of the Council to add Agenda Item No. 15 and remove Agenda Item No. 14 from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was 383 JANUARY 19, 1999 MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote. (Subsequent paragraphs proceeded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF MINUTES OF THE JANUARY 5, 1999 BUSINESS MEETING The minutes of the January 5, 1999 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. AUDIENCE PARTICIPATION Nancy Booth, 6302 Scenic Drive, submitted a petition to the Council urging their reconsideration to remove the speed humps on Scenic Drive. There were several questions from the Council, and after ,discussion about the request, it was MOVED BY BARNETT, SECONDED BY KLINGELE, TO RECONSIDER THE REMOVAL OF THE SPEED HUMPS ON SCENIC DRIVE. The motion carried by 5 -2 voice vote; Place and Puccinelli voting nay. Council Member Sims suggested this issue be brought back to Council, possibly in April, with proper notification to the residents. 7. PUBLIC HEARING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION TO DENY A RIGHT -OF -WAY VACATION IN THE VICINITY OF 12 SOUTH 8 STREET REQUESTED BY YAKIMA NEIGHBORHOOD HEALTH SERVICES This being the time set for the public hearing, Mayor Puccinelli announced that the applicant has requested the alley right -of -way vacation be remanded to the Hearing Examiner to hear additional information. Don Hinman, Chairman of the Board, Yakima Neighborhood Health Services, explained they would like to have this referred to the Hearing Examiner to consider new information to resolve some problems. It was MOVED BY BARNETT, SECONDED BY PLACE, TO REMAND THIS REQUEST BACK TO THE HEARING EXAMINER. Jeff Samson, an attorney speaking on behalf of Les Schwab Tires, an adjacent property owner, stated he filed a written objection with the City Clerk and reserved the opportunity to speak at the Hearing Examiner's hearing. City Attorney Paolella explained that the Regulatory Reform Act allows for a remand if all parties agree to reconsider an amended proposal. The question was called for a vote on the motion. The motion carried by unanimous roll call vote. • 2 3 JANUARY 19, 1999 8. PUBLIC MEETING TO CONSIDER THE HEARING EXAMINER'S RECOMMENDATION TO APPROVE A MASTER LAND USE APPLICATION SUBMITTED BY SHERRY JEFFERSON FOR PROPERTY AT 3606 AND 3702 KERN This being the time set for the public meeting, Dan Valoff, Associate Planner, summarized the Master Application concerning 1.43 acres requested by Sherry Jefferson. Included is a request to rezone two parcels of property from R -3, Multi- family Residential, to B -1, Professional Business. The request also consists of a Class 2 application for a gift shop and a Class 3 application for a restaurant. Staff supports the Hearing Examiner's recommendation to approve, without conditions, the rezone application and the Class 2 gift shop use. Approval is also recommended for the Class 3 restaurant use, subject to the conditions set forth in the Examiner's Recommendation, IU98 -2 -35. All Council members declared no exparte contact; however, Council Member Place noted she had visited the site. Mayor Puccinelli opened the public meeting for testimony. Sherry Jefferson, applicant, urged the Council to approve her request and was available to answer any questions. Council Member Klingele noted that there has been a complaint from a Powerhouse Road resident about water runoff from the parking lot. He confirmed with the applicant that assurance has been given that all runoff would be offsite. He also reiterated that the restaurant and gift shop are separate uses, and that the applicant did not object to the conditions placed on the Class 3 restaurant use. There being no one else wishing to comment about this master application, Mayor Puccinelli closed the public meeting. It was MOVED BY BARNETT, SECONDED BY SIMS, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION. ' The motion carried by unanimous roll call vote. The Council discussed the possibility of establishing a process to restrict a different use other than what was approved when the property was rezoned. City Manager. Zais explained that there is an existing option to tie conditions precedent to a fixed timeframe, which after the time lapses and the property remains undeveloped, the property would revert to the previous zoning. • 3 385 JANUARY 19, 1999 *9. CONSIDERATION OF RESOLUTION ADOPTING AMENDMENTS TO THE HOUSING PROGRAM GUIDELINES RESOLUTION NO. R -99 -9, A RESOLUTION approving amendments to the Housing Program Guidelines regarding various home ownership programs administered by the City of Yakima Office of Neighborhood Development Services. *10. CONSIDERATION OF RESOLUTION ADOPTING AMENDMENT TO THE CONSOLIDATED PLAN POLICY RESOLUTION NO. R- 99 -10, A RESOLUTION approving and adopting an amendment to the Consolidated Plan in order to define what constitutes a " substantial change" to the One Year Action Plan and /or Consolidated Plan regarding use of CDBG funds. *11. CONSIDERATION OF RESOLUTION AUTHORIZING DISPOSAL OF SURPLUS SEIZED VEHICLES RESOLUTION NO. R- 99 -11, A RESOLUTION authorizing the sale of surplus property owned by the City. *12. ACCEPTANCE OF 1997 STATE AUDIT REPORT The 1997 State Audit Report was accepted. *13. APPROVAL OF RIGHT -OF -WAY USE PERMIT REQUESTED BY CAVANAUGH'S GATEWAY HOTEL FOR A SIGN AT 9 NORTH 9 STREET The 'Right-of-Way Use Permit requested by Cavanaugh's Gateway Hotel to place a sign at 9 N. 9th Street within the City's right -of -way was approved. *14. CONSIDERATION OF ORDINANCE PROHIBITING TIPPING FOR EXOTIC DANCERS ORDINANCE NO. 99 -2, AN ORDINANCE relating to licenses and business regulations; imposing tipping and non stage dancing regulations for adult entertainment establishments; and amending Section 5.30.040 of the City of Yakima Municipal Code. j 15. CONSIDERATION OF ORDINANCE AMENDING THE COMPREHENSIVE PLAN RELATING TO SIDEWALKS Don Skone, Planning Manager, explained that this ordinance changes the Yakima Urban Area Comprehensive Plan policy (Policy T3.10) related to sidewalks on residential streets. This amended policy establishes •consistency between the . implementing Ordinance'No. 98 -64 and the Comprehensive Plan. 4 386 JANUARY 19, 1999 Ordinance No. 99 -3 having been read by title only, it was MOVED•BY SIMS, SECONDED BY KLINGELE, TO PASS THE ORDINANCE. Council Member Barnett explained that he feels the implementation process has been used to change policy instead of implementing policy. Mayor Puccinelli agreed. The question was called for a vote on the motion. The motion carried by 5 -2 roll call vote; Barnett and Puccinelli voting nay. ORDINANCE NO. 99 -3, AN ORDINANCE concerning land use comprehensive planning and the Yakima Urban Area Comprehensive Plan, and amending policy T3.10, included under Transportation Goals in the Yakima Urban Area. Comprehensive Plan Action Plan, to provide for sidewalks on both sides of residential streets. 16. CONSIDERATION OF ORDINANCE AMENDING THE COMMUTE TRIP REDUCTION PLAN This item was removed from the agenda. S 17. OTHER BUSINESS Public Works Director Waarvick announced that Shelley Willson has been appointed the new Streets & Traffic Operations Manager. Council Member Barnett asked if the City received notification of the change in the hearing date on local Clean Air Draft Regulations 1 -1999. There was a negative response given. Information Items: Items of information provided to Council were: Memorandum from Yakima Valley conference of Governments regarding 1999 Executive Board and Officer Elections. - 1/14/99; Memorandum from Bruce Benson regarding Office of Financial Management Population Determinations. 1/7/99; Monthly Report of the Chief of Police for November 1998; Monthly Code Administration Permit Report for December 1998; Yakima Transit Fourth Quarter 1998 Report; City of Yakima Planning Division Assignments Pending as of January 19, 1999; and Article from January 11, 1999 Seattle P -I, " Put Out with TCI, City May Pull Plug" . 18. EXECUTIVE SESSION REGARDING PENDING /PROSPECTIVE LITIGATION It was MOVED BY KLINGELE, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESION TO DISCUSS PENDING /PROSPECTIVE LITIGATION, WITH ADJOURNMENT TO FEBRUARY 2, 1999, AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER, TO REVIEW RECOMMENDATIONS FROM • THE CITIZENS CODE COMMITTEE. The motion carried by unanimous voice vote. 5 387 JANUARY 19, 1999 19. ADJOURNMENT TO FEBRUARY 2, 1999 AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER (2ND FLOOR TRAINING ROOM) •FOR REVIEW OF CITIZENS CODE COMMITTEE RECOMMENDATIONS Following the conclusion of the Executive Session, the meeting adjourned at 3:50 p.m. READ AND CERTIFIED ACCURATE BY: 3- ,e_d/,-'" _ , COUNCIL MEMBER DATE COUNC EMBER DATE ATTEST: C2 ` / ' %G /`Z CITY CLERK JOHN PUCCINELLI, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio and videotape of this meeting are available in the City Clerk's Office. • • 6