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.)
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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.
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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.
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*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.
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*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.
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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
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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
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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.
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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.
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READ AND CERTIFIED ACCURATE BY: 1 ,,j / , ' /�, , , A /� j 0 / -- -,,
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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
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