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HomeMy WebLinkAbout09/19/2000 Business Meeting 458 CITY OF YAKIMA, WASHINGTON SEPTEMBER 19, 2000 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 Mary Place, presiding. Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Larry Mattson, John Puccinelli, and Bernard Sims present on roll call. Assistant City Manager Rice, City Attorney Paolella, and City Clerk Roberts were also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Sims, followed by an invocation given by Council Member Puccinelli. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council Member Mattson made a motion for Council meetings to convene at 7:00 p.m. beginning the first meeting in January 2001 for a period of a year ending January 2002. The motion failed due to lack of a second. During discussion it was clarified that the reasons the meetings had been moved to the afternoon was due to having to pay staff overtime or compensatory time as well as there not being bus service in the evenings. Council members commented that evening meetings were not well attended compared to the afternoon meetings. Council Member Buchanan said he had recently attended a large function at the Firing Center and thought it appropriate to remind Council that this is the second largest army installation in the U.S. and a major source of income for Yakima. He recommended that they be given proper attention. 4. CONSENT AGENDA Mayor Place referred 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 consensus of Council to add Item No. 6 and remove Items Nos. 7, 10 and 16 from the Consent Agenda. The City Clerk then read the Consent Agenda items, as amended, 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.) • SEPTEMBER 19, 2000 459 5. AUDIENCE PARTICIPATION Don Skone advised that this would be his last council meeting in his position as Planning Manager. He took the opportunity to thank Council and his fellow City employees for their many years li of support. *6. CONSIDERATION OF RESOLUTION AUTHORIZING THE IMPLEMENTATION OF CARBON MONOXIDE AIR QUALITY CONTINGENCY MEASURE IN COOPERATION WITH THE YAKIMA REGIONAL CLEAN AIR AUTHORITY RESOLUTION NO. R- 2000 -115, A RESOLUTION establishing a joint policy with the Yakima Regional Clean Air Authority for implementation of the Yakima CO Air Quality Transportation Contingency Measure. 7. CONSIDERATION OF RESOLUTION RATIFYING LEASE OF TROLLEY CAR TO THE CITY OF ISSAQUAH Bill Cook, Director of Community and Economic Development, introduced guests from Issaquah. Barbara Justice, 4004 243 Place SE in Issaquah, is the Vice President of their Historical Society. She expressed her appreciation for this agreement that . is giving them a jump start to get their trolley program going. They plan to use the Yakima trolley until they obtain their own. Craig Thorpe, 6410 129 Place SE in Bellevue, is the Chairman of the Issaquah Valley Trolley Project. He added his thanks and described how the trolley will be used. Resolution R- 2000 -116 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. • RESOLUTION NO. R- 2000 -116, A RESOLUTION authorizing and ratifying the signature of the Mayor of the City of Yakima on an Agreement with the City of Issaquah for the purpose of leasing Oporto Car No. 1976 to the City of Issaquah. *8. CONSIDERATION OF RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH TOM COLEMAN CONSULTING SERVICES FOR THE 2001 WATER COMPREHENSIVE PLAN RESOLUTION NO. R- 2000 -117, A RESOLUTION authorizing execution of a contract with Thomas E. Coleman Consulting Services, a Washington sole proprietorship, for the 2001 update to the Water Comprehensive Plan. 2 460 SEPTEMBER 19, 2000 *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF THE CERTIFICATION ACCEPTANCE AGREEMENT WITH UNION GAP FOR THE VALLEY MALL BOULEVARD PROJECT RESOLUTION NO. R- 2000 -118, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the City of Union Gap for contract administration and project review of the Valley Mall Boulevard construction project for the City of Union Gap. 10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH YAKIMA COUNTY FOR THE CONSTRUCTION OF A SEWER EXTENSION PROJECT Council Member Barnett asked if the urban area boundary should be extended before the sewer extension project is started and whether this has been brought before the Regional Planning Commission. Kay Adams, City Engineer, responded that it had not gone before the Planning Commission. He went on to explain that the County currently has a road project in this area following which there will be a five -year moratorium on street cuts. The developer is willing to pay to have sewer put into those lots. If we wait until the area gets put into the urban boundary, we will miss the window of opportunity. He explained there is a caveat that states before the sewer line is hooked up it must be in the urban area. Resolution No. 2000 -119 having been ready by title, it was MOVED BY SIMS, SECONDED BY MATTSON, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2000 -119, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with Yakima County, for the construction of a Sewer Extension Project for the City of Yakima. *11. CONSIDERATION OF RESOLUTION AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH THE LAW FIRM OF FALK & LAWRENCE - BERREY FOR SPECIALIZED INVESTIGATIVE SERVICES RESOLUTION NO. R- 2000 -120, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Professional Services Agreement with F. Joseph Falk, Jr. and the Law Firm of Finney, Falk & Lawrence - Berrey. • *12. APPROVAL OF THE REVENUE AND EXPENDITURE REPORT FOR JULY 2000. The Revenue and Expenditure Report for July 2000 was approved and accepted. 3 461 SEPTEMBER 19, 2000 *13. SECOND READING OF AN ORDINANCE AMENDING THE 2000 BUDGET AND APPROPRIATING FUNDS FOR FIXED ROUTE #3 CONTRACT EXTENSION An Ordinance amending the 2000 budget and appropriating funds for extension of the Fixed Route #3 contract, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2000 -41, AN ORDINANCE amending the 2000 budget for the City of Yakima; and making an appropriation of $36,000 within the 462 - Transit Operating Fund for expenditure during 2000 to extend the Fixed Route #3 contract to December 31, 2000. *14. FIRST READING OF ORDINANCES AMENDING THE 2000 BUDGET: (NO ACTION REQUIRED; SECOND READING SCHEDULED 10/03/00) A. AN ORDINANCE AMENDING THE 2000 REFUSE BUDGET AND APPROPRIATING FUNDS. FOR UNANTICIPATED RETIREMENT CASH OUT EXPENDITURES An Ordinance' amending the 2000 budget and appropriating funds for unanticipated retirement cash out expenditures, having been read by title only, was laid on the table for two weeks, until October 3, 2000. B. AN ORDINANCE AMENDING THE 2000 BUDGET AND APPROPRIATING FUNDS WITHIN THE 161 - PARKING AND BUSINESS IMPROVEMENT AREA (PBIA FUND) FOR PURCHASE OF NEW HOLIDAY DECORATIONS An Ordinance amending the 2000 budget and appropriating funds for the purchase of new holiday decorations, having been read by title only, was laid on the table for two weeks, until October 3, 2000. C. AN ORDINANCE AMENDING THE 2000 BUDGET AND APPROPRIATING FUNDS TO PROVIDE FOR UNANTICIPATED FIRE DEPARTMENT OVERTIME An Ordinance amending the 2000 budget and appropriating funds for unanticipated Fire Department overtime expenditures, having been read by title only, was laid on the table for two weeks, until October 3, 2000. *15. AN ORDINANCE REGULATING AND RESTRICTING BICYCLES, SCOOTERS, ET AL ON THE SKATE PARK RAMPS ORDINANCE NO. 2000 -42, AN ORDINANCE relating to public safety and morals; prohibiting the riding of bicycles and scooters at the Yakima Skate Park and; enacting as new section, section 6.75.065 of the City of Yakima Municipal Code. 4 462 SEPTEMBER 19, 2000 16. CONSIDERATION OF ORDINANCE AND AMENDMENT TO YAKIMA MUNICIPAL CODE PROHIBITING PERSONS UNDER AGE 18 TO OBTAIN TATTOOS. Jennifer Rosal, 210 East Yakima Avenue, representing Jim and Jenny's Quality Tattoos, opened by saying she didn't feel raising the age for obtaining a tattoo to 18 is a strong enough measure. She feels that violations should be more than a misdemeanor and suggested it be a fine or business license suspension. She also strongly recommended this law be applied to body piercing as well. Discussion ensued about the current lack of health regulations for tattooing and body piercing. Council decided . to research licensing regulations and other standards for health and safety. Ordinance No. 2000 -43 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. ORDINANCE NO. 2000 -43, AN ORDINANCE relating to Licenses and Business Regulations; prohibiting tattooing persons under the age of eighteen, and amending section 5.76.025 of the City of Yakima Municipal Code. 17. PUBLIC HEARING TO CONSIDER APPEAL FILED BY JAMIE WALTHER ON THE DENIAL OF A HOME OCCUPATION BEAUTY SHOP AT 708 NORTH 60 AVENUE Don Skone, Planning Manager, explained this would be a closed record public hearing. The original application for a Class (2) zoning review in January 2000 was denied in February. It was appealed to the Hearing Examiner in April and that appeal was denied in June 2000. This public hearing is to appeal the Hearing Examiner's denial of the original appeal. Council members made the following disclosures: Council Member Puccinelli declared he knew the Walther family well and spoke highly of Jamie's business. He stated he could be objective and weigh the merits of the appeal. Mayor Place disclosed her son had gone to school with Jamie Walther since kindergarten but she had no social contact with her. Jim Adams, 110 North 5 Avenue Suite 200, an attorney representing Jamie Walther, said there were two issues that came before the Hearing Examiner, parking and location of the driveway. He addressed each in turn. He said the decision of the Hearing Examiner should be reversed because there was adequate parking at the premises and the driveway does not pose any kind of a problem, nor would this home occupation change the residential character of the neighborhood. He suggested that any remaining issues with the neighbors could be resolved by imposing conditions on the approval. There was discussion about 5 463 SEPTEMBER 19, 2000 the quantity of clients, about the availability of parking and the possibility of muffling car noise from the nearest neighbor. Mr. Adams . stated his belief that the Hearing Examiner's decision was wrong, ignored some basic facts and did not follow the Municipal Code in analyzing the impact to the neighborhood. Linda Morris, 706 South 60 Avenue, immediately to the north, spoke in opposition to the appeal. She read a letter she and her husband had composed and mailed on February 22, 2000. In the letter she pointed out that Mrs. Walther hadn't followed proper permit procedures from the beginning of the project, how the home now does not have a functioning garage, raised the issues of the emission of odors, increased water and sewage use and noted this business must comply with the Americans with Disabilities Act (ADA). They feel this business would not be compatible with the neighborhood. Asked if she would like to have the Mayor and Council Member Puccinelli excused from voting due to the earlier disclosures made, Mrs. Morris said she would like to see them excused. Mr. Adams then questioned the relationship of the Morris', both City employees, and the Council. After obtaining additional information about these relationships, only Council Member Puccinelli was recused. Council Member Puccinelli then left the meeting. Doug Maples, Code Administration Manager, affirmed this business would require compliance with the ADA which would require supplying a handicap accessible restroom and a handicap parking place. Mr. Adams said that if the ADA does in fact apply, Mrs. Walther would comply. He emphasized that this was not a reason that the Hearing Examiner used to deny the appeal. Discussion ensued on the sequence of events for permitting and inspection of this project. It was clarified that the project started without a permit then a permit was issued to build a storage room with no plumbing. Sunny Cameron, 704 South 60 Avenue, summarized her latest letter against the appeal that discussed the parking issue, the compatibility issue and the neighbors' reactions. Cynthia Hunter, 705 South 60 spoke against the project, re- emphasizing how the rules were not followed and the incompatibility issue. Tim Morris, 706 South 60 Avenue, explained the noise problem with the location of his home. He also refuted the similarity of the case cited by Mr. Adams. Council Member Beauchamp expressed his concern about the allegations that the building permit process was violated. Mr. Maples itemized that on October 19 a stop work order was issued on a garage for a beauty salon based on a complaint received. A permit was requested on October 26 On November 29 the inspector did a sheet rock inspection and reminded the applicant that a hair salon was not permitted. In December 1999 a floor plan for a hobby room including a bathroom and an 6 • 464 SEPTEMBER 19, 2000 exterior sink on the outside wall was submitted. They were told the sink wouldn't be allowed for a storage room. Mr. Maples stated that presently this project has been permitted as a storage room and if the beauty salon is to be authorized a new permit would be necessary. Mayor Place closed the public hearing. It was MOVED BY BEAUCHAMP, SECONDED BY MATTSON, TO UPHOLD THE HEARING EXAMINER'S DECISION AND DENY THE CLASS 2 APPEAL. The motion carried by a unanimous roll call vote; Puccinelli recused. 18. EXECUTIVE SESSION REGARDING PENDING LITIGATION (allow approximately 35 minutes) Council Member Puccinelli returned to the meeting at 3:50 p.m. It was MOVED BY BUCHANAN, SECONDED BY PUCCINELLI, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION FOR APPROXIMATELY 35 MINUTES, AND THEN RECONVENE. The motion carried by unanimous voice vote at 3:51 p.m. Following the Executive Session, the Council reconvened at 4:27 p.m. 19. CONSIDERATION OF ORDINANCE RE- ENACTING THE ANNEXATION OF THE NOB HILL /S. 40 AVENUE AREA TO THE CITY OF YAKIMA AND EXTENDING THE ANNEXATION DATE TO DECEMBER 6, 2000 Larry Peterson, Assistant City Attorney, advised of receipt of the Certificate of Determination of Sufficiency dated August 26, 2000 for this annexation. The effective date has been revised to December 6, 2000 in hopes of resolving the litigation that was commenced by the fire district. He also noted that the last paragraph of the ordinance, Section 9, should be revised to read "This Ordinance shall be in full force and effect December 6, 2000." Ordinance No. 2000 -44 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2000 -44, AN ORDINANCE concerning annexation; re- enacting Ordinance 2000 -32, and annexing the Nob Hill /S 40 Avenue Annexation area to the City of Yakima; maintaining current zoning of the area; providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service and assumption of the City's current indebtedness by properties in the Nob Hill /S 40 Avenue Annexation area; and extending the effective date to December 6, 2000. 7 465 SEPTEMBER 19, 2000 20. OTHER BUSINESS Council Member Buchanan advised he would not be able to attend the October 3, 2000 meeting. He also requested that the Airport Board Meeting scheduled for 11:30 a.m. on the 3 be delayed to a later date. It was the consensus of Council to delay the Airport -Board meeting. Information Items: Items of information provided to Council were: Agenda for the September 20, 2000 Community Review Board Meeting and minutes from the September 6, 2000 meeting; Planning Division Assignments Pending Report as of September 19, 2000; 'Announcement of the GMA 10 Anniversary Celebration at Woodland Park Zoo, November 9, 2000; Hanford Happenings, September, 2000; Journal, publication of the Bonneville Power Administration dated September, 2000; and Article "Yakima Considers Changes to Ease Development Rules" from the September 2000, Yakima Valley Business Times. 21. ADJOURNMENT TO OCTOBER 3, 2000 AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER FOR STUDY SESSION REGARDING CBD PARKING EXEMPTION OPTIONS, THEN TO 11:30 A.M. AT THE PROBATION CENTER FOR A LUNCHEON MEETING WITH THE AIRPORT BOARD It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO ADJOURN TO OCTOBER 3, 2000 AT 7:30 A.M. FOR A STUDY SESSION ON CENTRAL BUSINESS DISTRICT PARKING EXEMPTIONS OPTIONS. The motion carried by unanimous voice vote. 1 , AA READ AND CERTIFIED ACCURATE BY: 1 ,,j / , ' /�, , , A /� j 0 / -- -,, • CO CALL F '2 SATE "ez 4g1;XV CO 'h CIL MEMB R DATE ATTEST: <g - - CITY CLERK if PLACE, MAYOR Minutes prepared by Records Clerk Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 8