HomeMy WebLinkAbout04/17/2001 Business Meeting 180
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL.
APRIL 17, 2001 - 2:00 P.M.
COUNCIL CHAMBERS -129 NORTH 2 STREET
1. ROLL CALL
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Henry Beauchamp, Lynn Buchanan, Larry Mattson, John Puccinelli,
and Bernard Sims
Staff: City Manager Zais, Assistant City Attorney Peterson and City Clerk
Roberts
2. INVOCATION /PLEDGE OF ALLEGIANCE
An invocation was given by Council Member Puccinelli, followed by the Pledge of
Allegiance led by Council Member Buchanan.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL
PRESENTATION
A. PROCLAMATIONS
o NATIONAL DAY OF PRAYER
Mayor Place proclaimed May 3, 2001 as the National Day of Prayer in the City of
Yakima. The proclamation was accepted by Linda lasella.
o NATIONAL VOLUNTEER WEEK
Council Member Puccinelli read a proclamation declaring the week of April 22
through April 28, 2001 as National Volunteer Week in Yakima. Vernita Adolf
accepted the proclamation on behalf of the Volunteer Resource Center. Deborah
Wilson, the Director of RSVP (Retired Seniors Volunteer Program) reported that
in the year 2000 they had 600 volunteers spending over 118,000 volunteer
hours.
a CDBG WEEK
Council Member Mattson read a proclamation declaring the week of April 16
through April 20 as Community Development Week in the City of Yakima. Bill
Cobabe, Neighborhood Development Services Manager, distributed teeshirts
celebrating Community Development week and accepted the proclamation. Mr.
Cobabe spoke about the various activities and accomplishments of the
Community Development Block Grant program in their 27 year history. He invited
Council and the public to attend their annual open house scheduled for April 18,
2001 from 11:30 a.m. to 1:00 p.m.
1.8
APRIL 17, 2001
Sgt. Karen Kelley, Department of Corrections, County Restitution Center, spoke
in response to the City's request for a third crew to assist with graffiti clean -up.
She said they want to partner with the City and that she would make herself
available to help get this third crew started.
B. SPECIAL PRESENTATION FROM YAKIMA CHAMBER OF COMMERCE
REGARDING ECONOMIC DEVELOPMENT FUNDING FOR NEW
COMMUNITY STRATEGIC PLANNING INITIATIVE — "FOR A BETTER
TOMORROW"
Curtis King representing the Chamber's Leadership Forum, described the
committee, their process on this program, and their conclusion that they needed
help. The group decided that the best thing they could do was look for a facilitator
to help determine what the community would see as their vision and the
challenges and how to address them. They selected Henry Luke. Mr. King
explained Mr. Luke's role will be to help develop a plan, a goal, and strategies
within the first six months and then will come back during a five -year period to
assist with implementation. Mr. King advised there will be a series of
benchmarks published annually for public review and they will develop an intense
communication campaign to allow for citizen participation. He explained that the
budget for the 51/2-year project is $450,000. One staff person will be hired to
oversee this project when Mr. Luke is not here. Financially, they have set a goal
of $100,000 from the County and the cities of Yakima, Union Gap and Selah.
They hope to raise $120,000 from a group of non - profits, $120,000 from a series
of larger businesses, and another $120,000 from smaller businesses. He said
the amounts that they are asking the County and the Cities for have been based
upon a formula developed by COG (Council of Governments). Payment would
entail $17,961.25 initially and approximately $5,388 per year for the next five
years for a total of $44,803.10. Mr. Cook advised they are requesting approval
for the funding amount and source and direction for staff to prepare a
performance -based five -year contract subject to annual budget approval.
MOVED BY SIMS AND SECONDED BY BUCHANAN TO APPROVE THE
FUNDING IN THE AMOUNT OF $17,961.25 FROM THE ECONOMIC
DEVELOPMENT FUND FOR FY 2001 AND DIRECT STAFF TO PREPARE A
FIVE YEAR PERFORMANCE BASED CONTRACT CONTINGENT UPON
ANNUAL BUDGET APPROVAL. The motion carried by unanimous voice vote.
Council Member Mattson said that about 2 1/2 years ago the City Council
approved a grant and loan package for Joe Morrier's development at the mall.
He said to date he hasn't heard from Mr. Morrier or a representative about the
progress on the package the City obtained for him. Council Member Mattson
said he would like to see some benchmarking and performance standards
applied. If this doesn't happen he would like the City to look for other candidates.
Mr. Mattson recommended that the Council Economic Development Committee
review the HUD application and make sure Mr. Morrier is aware of the
parameters within which he can use that money. He also recommended that a
time frame be applied, not to exceed one year.
2
182
APRIL 17, 2001
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. Item No. 14 was added to the Consent Agenda and Item No. 17
was removed. It was noted that Item No. 20 had been delayed until May 1, 2001.
The City Clerk read the Consent Agenda items, including resolutions and
ordinances by title. SIMS MOVED AND BUCHANAN SECONDED TO APPROVE
THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call
vote; Puccinelli absent. (Subsequent paragraphs preceded by an asterisk ( *)
indicate items on the Consent Agenda handled under one motion without further
discussion.)
*A. APPROVAL OF THE MINUTES OF MARCH 20, 2001 BUSINESS
MEETING, APRIL 3, 2001 ADJOURNED AND BUSINESS MEETINGS AND
APRIL 10 ADJOURNED MEETING
The minutes of the March 20, 2001 Business Meeting, April 3, 2001 Adjourned
and Business meetings, and April 10, 2001 Adjourned meeting were approved,
having been duly certified accurate by two Council members and no one present
wishing to have said minutes read publicly.
5. AUDIENCE PARTICIPATION
Wylie Mills, 1716 West Yakima Avenue, raised the question of code enforcement
on a Saturday at a non - profit wine tasting held at his neighbor's house. He felt it
was unnecessary and unfair. Doug Maples, Code and Planning Manager, said the
violation that occurred was due to the lack of parking for this activity. He said the
neighbors were concerned about their driveways being blocked. He said when
they informed the owners, they were cooperative, took down the sign and
complied with the regulations. There was discussion on what was and wasn't
illegal about holding functions at private homes.
Bobbie Carter, 903 Central Avenue, spoke on behalf of Cameron Bibles, the
grandson of a paraplegic preacher who ministered to the Yakima Valley for fifteen
years. He requested Council to ask the Court to be merciful on behalf of the elder
Mr. Bible. Assistant City Attorney Peterson suggested Mr. Carter contact the
prosecutors office and keep track of the case as it proceeds. He also suggested
he appear when the opportunity for people to speak on the youth's behalf arises.
Mr. Carter also raised the issue of the demographics at the South East
Community Center. He spoke about how it used to be managed by a Community
Advisory Board but because of a missed deadline it was now being run by the
Substance Abuse Coalition. His concern was with the growth of other ethnic
groups the black community was losing their voice. Council Member Sims
suggested he seek membership on the board of the Substance Abuse Coalition
to make sure his concerns are considered. Mayor Place said she is on the board
and that she will share his concerns. She also invited him to come to the board
meetings.
3
183
APRIL 17, 2001
William Hambleton, 615 South 32 Street, suggested that information regarding
the water price increases to be discussed in the public hearing should have been
provided earlier than the night before the hearing. He was advised that there had
been study sessions on this subject, and it had been advertised in the paper.
Lynne Kittelson, 305 North 9th Street, suggested Council read two articles, one
supplied in the Council packet entitled "Violent Pride" and the other published in
today's Yakima Herald Republic newspaper in the Unleashed section called "Mind
your Manners ", written by Scott Klepach, Jr.
Brenda McMurray, 1908 Browne Avenue, suggest the City take an assertive
stance on asking citizens to conserve their water and doing so as publicly and as
early as possible. She pointed out that we need to use water wisely not only in
drought years but in all years. Ms. McMurray was a coordinator for the Watershed
Information Center and is a. member of the Salmon Recovery Board for the state
of Washington
PUBLIC HEARING
6. PUBLIC HEARING ON DOMESTIC WATER COST OF SERVICE STUDY
Dueane Calvin, Water and Irrigation Manager, described the completed cost -of-
service study which is a requirement at least every two years. He noted that in '
excess of 90% of the revenue requirements in the study are related to capital
projects with only 6% having to do with operation and maintenance. These
capital projects are based on state and federal mandates such as the
Endangered Species Act, the Safe Drinking Water Act and the local mandate for
fluoride. He said these are public health and environmental issues that must be
dealt with. He then discussed the financial aspects of obtaining money early and
investing to offset interest rates to ultimately benefit the citizens. Mr. Calvin
shared a 1996 comparison study that showed that even Yakima's current 2001
rates would place at 258 out of 306 utilities in the State of Washington. With the
proposed 20% increase, Yakima only moves up to position 213 on that list. A
video was shown depicting the various required capital projects and their costs.
These capital projects are scheduled over the next five years. He said the
question had been raised about having an alternative where we did not do some
or all of these projects. This is not considered a viable option as we must do
something to comply with the regulations. If not, the City of Yakima would suffer
substantial consequences such as jeopardy to public health, failure of vital
portions of the system, regulatory sanctions including substantial fines and
penalties, and the loss of state and federal funding. Mr. Calvin assured the public
that none of the revenue requirements in this cost -of- service study are related to
annexation or the irrigation system. With regard to the fluoride project, the
citizens and committees are working on obtaining the final funding amounts and
have said they had pledges for the remaining monies needed. Mr. Calvin said
they have been directed to start getting the building permits and get the project
out to bid, to be prepared to go to construction as soon as appropriate.
4
1 8 4.
APRIL 17, 2001
Dr. Russell Maier, 2712 West Yakima Avenue, explained that the delay in the
fluoridation project rests with them. He said they had made a public effort to
have all the funds together for this project but the costs turned out to be much
larger than anticipated. Of the $420,000 project cost, $230,000 in grant funds
are in hand. The Memorial Foundation and the Washington Dental Services
Foundation have been very active in garnering extra funds and plan to live up to
their pledge of raising an additional $125,000.
Council Member Barnett asked for clarification on page 9 of the cost -of- service
study, pointing out that the volume rate for irrigation uses of water in section
7.68.252 is to be eliminated beginning the year 2001, but this sentence does not
eliminate the municipal rate in the current Yakima Municipal Code, section
7.68.251. He asked what the rate will be for municipal purposes if that is not
eliminated? Dave Brown, Water and Irrigation Engineer, said it was intended to
eliminate not only the irrigation rate but also eliminate the special municipal rate.
He said it has actually already been done. Council Member Barnett requested
that be clearly stated in the legislation. He also asked if limiting the meter
increase on the 3 /4 inch pipe in order to have some relief for the seniors would
damage the cost -of- service study. Mr. Calvin said it would not distort the cost of
service to a great degree. He continued by advising that since 1996 we have
been adjusting the cost of service, which is an allocation of the cost based on
demand, and in this particular report the adjustment to the residential rate on the
3 /4 and 1" meter, would bring it in line with the demand. He said adjusting this
rate to accommodate the needs of the customers should not significantly distort
the program.
® Public Hearing opens
Mayor Place opened the public hearing.
John Klingele, 1312 West Walnut, expressed his support for alternative 2. He
said because of the drought he expects there will be a need for that income this
year.
There was discussion on adjusting the rate of service charge and the impact on
the volume charges.
Wylie Mills, 1716 West Yakima Avenue, asked what is the total cost of all the
projects? He was advised it was $12.5 million. He also commented that there
was nothing in the video about redoing the main waterline from the treatment
plant down the railroad tracks.
Bill Hambleton, 615 South 32 Avenue, reacted to the dollar total and again
requested that detailed information be given to the taxpayers in a timely manner.
He also asked if the irrigation rate under contract with the City would still be on
the bill. There was discussion and questions on whether this charge is actually
still in existence. It needs further review.
5
1 8 5.
APRIL 17, 2001
o Mayor Place closed the public hearing.
Council Member Mattson commended staff on this project and recommend the
City be proactive to take care of these issues prior to being fined or taken to
court. It was the consensus of Council that detailed information of rate impacts
should be available to utility customers. Council Member Barnett raised the issue
of cross connections requiring an inspection every year. He said he has heard
that frequency is unnecessary and they should be done every three years.
Mr. Calvin said it is now part of the WAC but the Washington Water Utilities
•
Council is trying to get the code rewritten so that residential cross connection
devices don't require the same kind of scrutiny as other cross connection
devices. •
Council Member Barnett proposed that when this issue goes to legislation it limit
the increase for the 3 /4 inch pipe in order to take care of the poor and elderly. He
acknowledged that would change those rates a little, especially the ready -to-
serve, and it does raise the volume charge. It was the consensus of Council that
this subject requires another study session to address issues that have been
raised. Dr. Maier spoke up and said that the fluoride issue should not affect this
increase. It was clarified that the items to be discussed at a study session would
be the impact of limiting the 3 /4 inch, more information on alternative #2, and the
question that was raised regarding the special irrigation rate. The tentative date
for this study session will be May 1, 2001 at 7:30 a.m. prior to the stormwater
issue.
CITY MANAGER'S REPORTS
*7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
WITH WIDENER & ASSOCIATES REGARDING STREET IMPROVEMENTS
(MEAD AVENUE, CHESTERLEY PARK)
RESOLUTION NO. R- 2001 -64, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute an agreement with Widener &
Associates, an engineering consulting firm, for consultant services to complete
an environmental and public involvement process for Mead Avenue Improvement
Project.
*8. CONSIDERATION OF RESOLUTION AUTHORIZING PROFESSIONAL
SERVICES AGREEMENT WITH YAKIMA VALLEY UMPIRES ASSOCIATION
RESOLUTION NO. R- 2001 -65, A RESOLUTION authorizing and directing the
City Manager to execute a professional services agreement with the Yakima
Valley Umpires Association for the purpose of obtaining officiating services for
the organized softball program of the City of Yakima.
6
186
APRIL 17, 2001
*9. CONSIDERATION OF RESOLUTION APPROVING ISSUANCE OF
INDUSTRIAL REVENUE BONDS FOR SENECA FOODS CORPORATION
RESOLUTION NO. R- 2001 -66, A RESOLUTION of the City Council of the City
of Yakima, Washington, approving the issuance of a tax - exempt nonrecourse
revenue bond of Yakima County Public Corporation for the benefit of Seneca
Foods Corporation, pursuant to RCW 39.84.060.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT WITH BRENT YOUNG FOR
ACCOUNTING SERVICES
RESOLUTION NO. R- 2001 -67, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a Professional Services Agreement with Brent
Young for accounting services.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
MANAGING UNDERWRITING AGREEMENT WITH SEATTLE NORTHWEST
SECURITIES
RESOLUTION NO. R- 2001 -68, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute a bond managing underwriter's
agreement with Seattle- Northwest Securities Corporation.
*12. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR AWNING INSTALLATION
AT 315 NORTH 8 TH STREET REQUESTED BY NASSER AWAD
The Right -of -Way Use Permit to install awnings at 315 North 8 Street,
requested by Nasser Awad, was approved.
*13. APPROVAL OF REVENUE AND EXPENDITURE REPORT (BUDGET) FOR
JANUARY AND FEBRUARY, 2001
The January and February, 2001 Revenue and Expenditure Report (budget) was
approved.
ORDINANCES
*14. RECONSIDERATION OF ORDINANCE AMENDING THE YAKIMA MUNICIPAL
CODE RELATING TO EXPANSION OF THE CENTRAL BUSINESS DISTRICT
PARKING EXEMPTION AREA AND AMEND OFF - STREET PARKING
REQUIREMENTS FOR WAREHOUSE /STORAGE FACILITIES
The staff recommendation to prepare legislation to remove residentially zoned
property from the downtown parking exempt area was accepted.
7
1
APRIL 17, 2001
15. CONSIDERATION OF ORDINANCE ADOPTING NEW GRAFFITI
REGULATIONS
• Staff explains the intent of the ordinance
Jeff West, Assistant City Attorney clarified the purpose of this ordinance is
abatement, it is not an ordinance criminalizing any behavior. He said the City has
outlawed putting graffiti on property since at least 1917 and aggressively
prosecutes those cases when they are able to catch the people. He said we have
sought putting those people into community service cleaning up graffiti as part of •
their punishment. The proposed ordinance will require the property owner to
remove the graffiti from their property and if they do not do it within a certain
period of time the City will come in and do it and charge the property owner.
The City Clerk read the ordinance by title; SIMS MOVED AND PUCCINELLI
SECONDED TO PASS THE ORDINANCE.
• Reviewed Council Member Barnett's proposed revisions to the
ordinance
Mr. West distributed copies of the ordinance including Council Member Barnett's
proposed modifications. The first modification was to remove from paragraphs (f) and
(g) of section 11.11.040 (2) the words and administration fees. The fact that there
was no table of administrative fees was the concern. PUCCINELLI MOVED AND
BUCHANAN SECONDED TO MODIFY SECTION 11.11.040 (02), PARAGRAPHS F
AND G, TO REMOVE THE WORDS "AND ADMINISTRATION FEES ". The motion
carried by unanimous voice vote.
Mr. West advised that the second proposed revision was to allow a person who
had entered a voluntary correction agreement to appeal the determination to the
City Council. He said in order to allow that to occur he suggests removing the
word not from the last sentence in 11.11.040 subsection 4 and then add to the
City Council by filing request for hearing with the office of City Clerk within 15
days at the end of that sentence. PUCCINELLI MOVED AND BUCHANAN
SECONDED TO ACCEPT THE CHANGE TO REMOVE THE WORD "NOT"
FROM THE LAST SENTENCE IN 11.11.040 SUBSECTION 4 AND TO ADD
THE WORDS "TO THE CITY COUNCIL BY FILING A REQUEST FOR
HEARING WITH THE OFFICE OF THE CITY CLERK WITHIN 15 DAYS" TO
THE END OF THAT SENTENCE. The motion carried by unanimous roll call vote.
Mr. West continued with the third suggestion that the ordinance did not
adequately address the issue of a person being out of town for more than 90
days. With the proposed change, the Council will not be limited to 90 days but can
decide on the timeframe. The Council, by majority vote, determines 1) there's
been no violation, 2) there has been a violation and the City is going to clean it up
and the property owner will pay for it, or 3) there has been a hardship and the City
will give "X" amount of time to get it cleaned up. There was much discussion on
8
1 88.
APRIL 17, 2001
this issue. One clarification was that the code officers, or whoever goes in to do
the clean up, would have to obtain an administrative warrant to go on someone's
property. BARNETT MOVED AND SIMS SECONDED TO CHANGE THE FIRST
SENTENCE IN 11.11.055 C TO READ "THE DETERMINATION OF HARDSHIP
SHALL STAY THE ENFORCEMENT FOR A SPECIFIED PERIOD ". The motion
passed by unanimous voice vote.
Lynne Kittelson, 305 North 9 Street, on behalf of Bob Mason, distributed and
read some language he requested to be added to the ordinance. This language
addressed the criminalization aspect of graffiti. Mrs. Kittelson then thanked the
Council for reviewing the material on graffiti she had previously submitted. She
said what she is proposing is a program of graffiti removal that requires a
public /private partnership between the people and the city leaders. She stated
the proposed ordinance isn't adequate and it affects people who cannot afford to
clean it up. She emphasized that the cleanup has to be almost instantaneous
and has to be aesthetically pleasing. She expounded on her idea of using
volunteers and having a non - profit organization warehouse the paint. She
suggested a master file be kept with people's permission to go on their property to
clean up graffiti. She thought it may take an extra City employee to do the
coordinating but there were lots of organizations that could be used once the City
had a coordinator.
Council Member Mattson commented that this is a first step in a two pronged
attack and that, hopefully, we can pursue the criminal ordinance later. He pointed
out that it says right in the ordinance that if you cannot•afford to clean it up we will
help find assistance for you. Assistant City Attorney West addressed Bob
Mason's submittal to make it a misdemeanor saying it will be resolved shortly by
an ordinance about to come before the City Council. He said the State of
Washington has made putting graffiti on property a gross misdemeanor and the
City is required to have the same penalties as the state. There was further
discussion on how to deal with the violators as well as mobilizing volunteers. The
question was called for a vote on the ordinance, as amended. The motion
carried by 4 -3 roll call vote, Buchanan, Barnett and Beauchamp voting no.
ORDINANCE NO. 2001 -16, AN ORDINANCE relating to public safety and
morals; requiring the removal of graffiti from private property; creating a lien on
private property when public funds are expended for graffiti removal; enacting a
new chapter, Chapter 11.11; of the City of Yakima Municipal Code.
*16. CONSIDERATION OF LEGISLATION IMPLEMENTING DEL MONTE
SETTLEMENT AGREEMENT:
A. FIRST READING OF ORDINANCE AMENDING THE 2001 BUDGET AND
APPROPRIATING FUNDS FOR WASTEWATER CAPITAL
IMPROVEMENTS (READ ORDINANCE ONLY; SECOND READING SCHEDULED
MAY 1,2001)
An ordinance amending the 2001 budget and appropriating funds for Wastewater
Treatment Plant capital improvements was read by title only and laid on the table
for two weeks, until May 1, 2001.
9
1.89.
APRIL 17, 2001
B. RESOLUTION AUTHORIZING INTERFUND LOAN /FINANCING FOR
WASTEWATER FACILITY CAPITAL IMPROVEMENTS
RESOLUTION NO. R- 2001 -69, A RESOLUTION authorizing an Interfund Loan
from 551 - Equipment Rental Fund to the 478 - Wastewater Facility Project fund and
•
providing for repayment, and declaring the City's intent to issue bonds to
reimburse prior expenditures.
C. ORDINANCE ADJUSTING THE SEWER RATES TO FINANCE
WASTEWATER CAPITAL IMPROVEMENTS
ORDINANCE NO. 2001 -17, AN ORDINANCE relating to wastewater rates, fees,
and charges; increasing various wastewater rates, fees, and charges; amending
Sections 7.60.020, 7.60.025, 7.60.035, 7.60.040, 7.60.105; and providing for
related matters.
17. CONSIDERATION OF ORDINANCE APPROVING VACATION OF PROPERTY
IN THE VICINITY OF STEWART AVENUE EAST OF LANDON AVENUE
REQUESTED BY SHIELDS BAG AND PRINTING
Larry Peterson, Assistant City Attorney, distributed a revised ordinance. The
revision was the result of discovering that the estimate of the area being vacated
was incorrect as it did not include the unpaved portion of the right -of -way. The
difference was over 7,000 square feet.. This dramatically changed the
compensation value. As a result of discussions with Mr. LaFramboise
representing Shields, the amount of area needed for the vacation was reduced to
67.8 linear feet. Utilizing the approach to compensation as stated in the previous
council resolution, 1/2 of the value of the area being vacated, the required
compensation is $4,366.32. The City Clerk read the ordinance by title;
BUCHANAN MOVED AND SIMS SECONDED TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote
ORDINANCE NO. 2001 -18, AN ORDINANCE vacating the 56- foot -wide City of
Yakima right -of -way constituting the portion of Stewart Street lying east of
Landon Avenue.
*18. CONSIDERATION OF ORDINANCE REZONING PROPERTY AT 3506 RIVER
ROAD REQUESTED BY DR. LLOYD BUTLER
ORDINANCE NO. R- 2001 -19, AN ORDINANCE concerning land use and
zoning, rezoning one parcel (approximately 6 acres) in the vicinity of 3506 River
Road from Two - Family Residential (R -2) to Multi - Family Residential (R -3), and
amending the Official Yakima Urban Area Zoning map accordingly; and granting
Class (3) approval for the location of professional offices within the R -3 zoning
district subject to conditions.
10
1 90
APRIL 17, 2001
QUASI- JUDICIAL PUBLIC HEARINGS
19. CONTINUATION OF CLOSED RECORD PUBLIC HEARING TO CONSIDER
APPEAL OF HEARING EXAMINER'S DECISION RELATING TO HOURS OF
OPERATION OF BUSINESS LOCATED AT SOUTH 32 AVENUE AND NOB
HILL BLVD., REQUESTED BY TERRY KLEPPIN (CONTINUED FROM APRIL 4, 2001)
Bruce Benson, Associate Planner, advised a compromise had been reached by
the appellants with regard to the hours of operation. The agreed upon hours of
operation will be from 5:00 a.m. to 12:00 p.m. with 24 hour operation of the fuel
pumps on a key card basis. Additional conditions agreed to were to increase the
wall height on the south side property line from 6 feet to 8 feet, the southwest
landscape island would be moved to eliminate the throughway, and the hours of
deliveries would be limited. There was discussion regarding the proper
documents to accomplish this agreement. Mr. Terry Kleppin, 1110 South 33`
Avenue, stated that although he signed the compromise agreement he wanted to
go on record that he doesn't agree with the hours of operation. MATTSON
MOVED AND BUCHANAN SECONDED TO DIRECT STAFF TO PREPARE A
BINDING AGREEMENT BASED ON THE DOCUMENT THAT ALL THE
PARTIES SIGNED. The motion carried by unanimous voice vote.
20. PUBLIC HEARING ON VACATION OF RIGHT -OF -WAY IN THE VICINITY OF
MAVIS AND KNOBLE STREETS REQUESTED BY LIVING CARE CENTERS
(CONTINUED FROM MARCH 20, 2001)
Continued at the request of the applicant to May 1, 2001.
21. OTHER BUSINESS
Information Items ,
Items of information provided to Council were: Agenda for the April 19 and 26, 2001
Hearing Examiner meetings; Yakima County Water Conservancy Board Public
Notification of Active Water Right Transfer Applications; Yakima Transit First Quarter
2001 Report; Planning Division Assignments Pending Report as of April 17, 2001; Article
from The News Tribune, "Struggling Yakima Waits for Renewal "; Article from the April 11,
2001 The Spokesman- Review, "Solid Waste Takes Bath on Colbert Homes "; Washington
State DOE publication, "Tiger Oil Exxon (24 and Nob Hill Blvd.) Cleanup Action Plan
available for review "; Article from April 22, 2001 Seattle P=1, "Endangered Species: Bush
Wants Control "; and Article from March 30, 2001 Capital Press, "Federal Agencies pull
Back Salmon Biological Opinion"
11
190 -1
APRIL .17, 2001
22. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING AND
PROSPECTIVE AND PENDING LITIGATION (ALLOW ao MINUTES)
MATTSON MOVED AND BUCHANAN SECONDED TO ADJOURN TO
EXECUTIVE SESSION FOR APPROXIMATELY 40 MINUTES TO DISCUSS
COLLECTIVE BARGAINING AND PROSPECTIVE AND PENDING
LITIGATION FOLLOWED BY ADJOURNMENT TO APRIL 24, 2001 STUDY
SESSION AT 7:30 A.M. IN THE COUNCIL CHAMBERS ON THE SPORTS
COMPLEX, THEN TO MAY 1, 2001 FOR A STUDY SESSION ON WATER
COST -OF- SERVICE STUDY AND STORMWATER ISSUES.
21B. OTHER BUSINESS - CONTINUED
Following the Executive Session, Council reconvened into open session at
6:05 p.m. with Council Members Barnett, Beauchamp, Buchanan and Sims in
attendance. City Manager Zais gave a brief status report to inform Council on
the updated cost estimates for the proposed Sports Complex.
23. ADJOURNMENT
Council Member Barnett absent after 6:25 p.m. and with no quorum present, the
meeting was adjourned.
READ AND CERTIFIED ACCURATE BY:
(! #� A ► 51/S W
•OUNCIL MEMBER / DA E
'7' ---- ITV-4 COUNCIL M B R AT E
ATTEST:
‘.0.A..a.„. ..,.2 • : , . .., 0 &c
CITY CLERK MARY PLACE, MAYOR
Minutes prepared by Linda Watkins and Karen Roberts. An audio and video tape of this meeting are
available in the City Clerk's Office
1
12