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HomeMy WebLinkAbout06/21/1988 Business Meeting 378 .. _ _ _ - - JUNE 1988 BUSINESS MEETING . 1/4. '1. .tea ! z • 1. ROLL CALL The City Council met in session on this date, at 2:00 P.M. in the - - Council — Chambers - Chambers of -City -- Hall, Yakima, _. Washingtofn.. ",Mayor Pat Berndt, presiding, Council members Clarence Barnett, Lynn Buchanan, Lynn Carmichael, Jerry Foy and Bernard Sims present on roll call. City Manager Zais,.City. Attorney Vanek, City Clerk .Roberts and Deputy City Clerk Toney also present. Henry Beauchamp absent and excused. 2. INVOCATION The Pledge of Allegiance was led by Council member Carmichael. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Director of Community & Economic Development Glenn Rice presented an off agenda item regarding the annexation of John I. Haas, Incorporated property involving 65.9 acres of unincorporated-land adjacent to the City of Yakima. He stated based upon current County Assessors data, this property represents an excess of 10% of the property value of the proposed annexation. John I Haas, Inc. is requesting annexation of their property and agree to assume their property's share of the City's existing bonded indebtedness if annexed. The total assessed value for the subject area is $12,905,550. He stated Dr. Rigby, Director of John I. Haas, Inc. is present to respond to any questions Council might have. There being no comments or inquiries by Council members, it was MOVED by Foy, seconded by Sims, that today, June 21, 1988, be set as the time of a meeting with the initiating parties who signed the Notice of Intention to Commence Annexation proceedings dated 6/21/88, with the initiating party being John I. . Haas, Incorporated. Unanimously carried by voice vote. Beauchamp absent. It was MOVED by Foy, seconded by Sims, that the annexation proposed by John I Haas, Incorporated, be accepted by the City of Yakima and that the area to be annexed be required to assume its share of the City's existing indebtedness, and that a Notice of Intention to Annex be filed with the Yakima County Boundary Review Board. Unanimously carried by voice vote. Beauchamp absent. 4. CONSENT AGENDA Mayor Berndt 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 the Council to add Item No. 9, as requested by Council member Sims. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Buchanan, seconded by Sims, that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Beauchamp absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) • *5. APPROVAL OF MINUTES OF COUNCIL MEETINGS OF APRIL 26 AND MAY 10, 1988 The Council minutes of April 26, and May 10, 1988 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 Angie Allen, representative of Neighborhood Against Drugs, made an emotional plea to Council members to shut down the drug houses in the area referred to as "the Hole." She expressed concern that over 300 arrests have been made in that particular area for drug 77r- /1 - 379 JUNE 21, 1988 t r a ff i c ki ng, howeve s continue She encouraged Council ° to seek federal _assistance; if necessary, .to end `the drug problem. Mayor Berndt, reported on the "status of "' _ the situation, indicating she had spoken with County Prosecuting`Attorney Jeff 'Sullivan and . : • was - informed that his office ' is processing all • of the documentation "forwarded to him by the Police 'Department. Mayor Berndt indicated 'Mr. Sullivan will take - ,the" appropriate legal • action as soon 7 possible. She stated the City Council is concerned about:, drug problem, pointing •out that Council recently passed an' ordinance regarding loitering for the purpose of selling "drugs.. Dan Snyder, 116 North6th Street, addressed Council' about the drug i . ,: , .problem 'in the 'area known as "the Hole ",'-'commenting that drug 'buyers are driving from Seattle to purchase drugs' in'Ya'kima' because • they can be` purchased cheaper here' Mr`:'Snyder stated,he has had a number' of confrontations with` individuals selling drugs: and has been " assaulted :several times, and his'life has` been'' threatened. He '" commented the violence is increasing`,and he fears that a death will . result "from these 'confrontations if issue ' is not resolved soon. He commented on one` incident' in particular wherein'a subject was arrested for loitering. Mayor' Berndt stated she is 'pleased -I to see that' the recent loitering ordinance passed 'by the` City Council has been helpful to the Department in instances'such as this 7. JOINT PUBLIC HEARING WITH THE YAKIMA COUNTY COMMISSIONERS ON PROPOSED AMENDMENTS TO THE URBAN AREA ZONING' ORDINA MATERIAL PREVIOUSLY SUBMITTED)- ,.. _ This being the tune -set ,for. { a joint. public' hearing on `the proposed amendments to the Urban''Area Zoning Ordinance, Commissioner Chuck Klarich "introduced '•fellow Commissioners Graham Tollefson - and Jim ' Whiteside -and `Mark Hinthorne of the County Planning' Department. 'Mayor introduced Joan Davenport, Associate: Planner and Glenn Rice, Director of Community & Economic Development, who will be making presentations on behalf of the City. . Mr: Hinthorne "summarized the 'review' 'process - of of the proposed amendments prior'to':this meeting. He 'stated when the Urban Area . ,Zoning Ordinance was jointly, adopted by t he. City Council the County ,Commissioners in 1 staff was instructed t o ' present proposed amendments' annually ' for the` 'first two - years and that is . the purpose of 'today's` meeting. He explained `that the''City and . County' maintains a list of proposed'" amendments`"throughout the year ' which is reviewed by the Technical - Advisory' Committee and the Regional Planning Commission. He stated on April_20th the Regional Planning Commission held a public' hearing 'on i 'the'proposed amendments and a recommendation' for adoption was ' - made on April 28th. Mr. Binthorne stated most of the - twenty -four: amendments are minor clarifications to the zoning o ..however, there are three changes he wou li to_ address. He directed attention to ° Table . 4 -1, page 10 through page 15 of 'the of .information supplied to" Council today. Be stated some of these changes involve adding new use's' while l others "indtease the' niunber' of" zones in which a proposed use is permitted or change the level of review that is required for a particular use. He said in all cases` where a change is. . proposed, the Regional ',Planning - Commission has " recon4nended expanding the number,of districts in which'a use Wallowed, and /or reducing - the level of review " that is required. He stated the one exceptibn` is on page' 15 where 'contract truck .. hauling went' from a Class 1 to'a Class Mr: Hinthorne"stated"thesecond group of proposed changes'are_those proposed amendments to 5-1, the table, of development - standards'in the' zoning ordinance, and the specific, amendment has to - do with increasing the height • limitations in'the R -3, Professional 'Business', Large Convenience Center and .Small Con Center zoning districts. He ' indicated these changes are `on page 20. He stated ' there` is''also a proposal to require' larger' building setbacks when - taller buildings are,proposed to be built next to the residential zoning districts, and also a provision` to make building height one of ' _standards that can be adjusted" administratively: - The 'third group of changes is related td "the' 1985 State Hazardous Waste' Management AAD /2 380 JUNE 21, 1988 Act. He stated this legislation requires cities and counties to designate''land use 'zones' in which hazardous waste'treatment and storage would be allowed as a permitted' use, and this action has to , be taken by June 30th, 1988. Mr. Hinthorne stated to - meet this requirement. some hazardous waste definitions area proposed to be included in` the` zoning ordinance and the "Regional `Planning Commission is recommending that site waste' treatment and'stgrage facilities be ' per`mitted as " a Class 3 "use in 'the light . industrial and heavy industrial districts, and'"also' - that the storage and treatment of hazardous materials, produced bn`site be allowed" as an accessory use to the use that`is producing: those materials in the commercial and industrial zones. Having completed his,,review of the, proposed amendments, Mr. Hinthorne asked if there we "re ' a ny - questions from Council members or County Commissioners at this time Council member Barnett'asked if the setback for the height of buildings for "solar access 'met the general` requests of those who addressed this issue at the public hearings? Mr Hinthorne stated it and 'further explained the additional setbacks for tall buildings next to residential zones.is intended primarily;'to assure and protect the • li and air in ' residential areas. He stated solar regulations adopted by 'sane other states are more detailed than what is contained in these amendments. Council member - Barnett asked if' the issue of solar' access will be considered at'sote time in the future by'staff and Mr. Hinthorne r affirmatively. .County Commissioner Klarich stated this is a public hearing for the purpose of allowing public testimony on the proposed amendments and invited citizens to make their comments at this time. Mr. Hinthorne commented the proposed amendments were reviewed with the Technical Advisory 'Committee (TAC) 'and the Regional Planning Commission (RPC), He stated' the proposed amendments are items or issues prepared by the City 'or ' County Planning "staffs ' as' a result of 'particular items' or problems that have surfaced the adoption of the Urban Area Zoning Ordinance. Council member Barnett asked if the 6 foot height for rear and side yard fences also applies to hedges? Mr. Hinthorne stated the ordinance does not address hedges unless they are in the clearview triangle at a, street intersection ._ Mr.'Barnett asked why' the 6 foot 'height is used rather than 7 or 8 `foot: Mr. 'Hinthorne ' responded ' the 6 'foot figure has always been 'used, and additionally, when a fence is more than `6 'foot ' high ` it becomes a structure according, to the building code, and a building permit is required that point. Commissioner Whiteside, referred' to page' 6 aci 'c "that he thinks the definition - of hazardous waste should be the -L same as the definition contained in the appropriate statute of the RCW, and that - "extrerriely",hazardous waste" should also be included in this section: Associate'Planner Joan Davenport 'stated page :4 contains the "Sta definition'of "dangerous waste. It was the consensus of the City Council and County Commissioners to include the - definition of extremely hazardous waste'to the _ first paragraph on page 6. • On a' different' subject Mayor Berndt stated she is 'still not comfortable with listing Bed and Breakfast as a boarding house on a permanent "and semi- permanent basis. She stated the Chamber of 'Commerce is" trying`to' promote Bed and Breakfast "establishments and the Class ," 3 use ' in a R -1 zone makes - this difficult for people who would Tike to operate a 'Bed'and Breakfast '`'in their. homes. She asked if. staff ' has investigated how other communities that are capitalizing on Bed and Breakfast establishments have • - dealt with this 'issue? Ms, Davenport stated'staff did not delve into `this issue: - A brief discussion ensued regarding'' the' number of guests a Bed and Breakfast' establishment may lodge prior to a Class1 being' required.' Commissioner Klarich stated he thinks this issue needs to be studied further by'staff. ;There being no one' present to comment ' on the proposed' amendments, Commiss ' Rl a rich declared the public hearing closed. A brief discussion ensued regarding setting the 'date' for the AAD /3 381 • JUNE 24,1988 adoption of the proposed amendments . and it was - the consensus of. both entities to adopt the ordinance on,zuly_12,,J988. It was MOVED by Whiteside, seconded by Tollefson, to continue the public • . hearing,;:t0.July .;_12th at 10:00 a.m. H Klarich .concurred„, It was MOVED by Foy,„ seconded by Sims, to.concur. adoption of the ordinance of July 12, 1988. UnanimouSli carried by voice vote. Beauchamp absent. !, : 8. CONSIDERATION OF A. RESOLUTION,REGARDINGHAZARDO0S VEGETATION AND DEBRIS ABATEMENT PROGRAM ,y ' . _Code-Enforcement Manager Bob Shampine statedhe had nothing to add the 'report and-knowsof no one present .to address this_ issue. Resolu6.on• D-507 having been read by, title,, it was Foy, seconded by Sims,, to adopt the resolution. Unanimously carried by roll call vote. 'Beauchamp absent. , , • RESOLUTICN .NO. D-5467, . A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. *9. • .CONSIDERATION OF RESOLUTION AUTHORIZING EXEQUTION'OF-INDUSTRIAL • wrASTBAGREEMENT WITH TREE TOP,. RESOLUTION NO D-5468,,ARESOLUTION. authorizing ) the City. Manager and City Clerk of the City of Yakima to execute an agreement with Tree - Top Corp. ofSelah, Washington, industrial service. * 10. REPORT FROM CODE ADMINISTRATION DIVISION REGARDING 1988 UNIFORM _CODES!UPDATE•AND RECOMMENDATION OF APPROPRIATE FEE ADJUSTMEN75 The staff report regarding 1 Uniform .Codes -; update and fee adjustments and recommendation to direct staff to prepare _ordinances to adopt 'the 1988 Edition of the Uniform Codes and appropriate fee adjustments, was approved. , 2 * 11. REPORT; FROM CODE . DIVISION _REGARDING REQUEST FOR PROPOSAL '10 :.EVALUAIE' :CITY HALL ANTEBH SYSTEM REPLACEMENT The staff report regarding the City Hall water distribution system , ! _ , a nd. recommendation, to- direct .staff to . prepare - a , Request For Propoeal,.was,accepted,, , . _ • • • • . • . , • • * 12. CONSIDERATION OF RESOLUTION,ADTHORIZING EXECUTION OF AMENDMENT TO CONTRACT WITH•JUMP, HUIBREGTSE & ASSOCIATES ON THE NOB HILL BLVD. PROJECT • • , . • • RESOLUTION NO. D-5469, A RESOLUTION authorizing the City Manager and. City Clerk:of.the to execute Wdendm. #1 to the agreement with Jump,, Huibregtse Associates, Inc.. for additional . • professional engineering. services, , , . • III II/ *13. . CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR • • .LEASE OF PROPERTY TO WESTERN MATERIALS, INC. .. • RESOLUTION NO. D-5470,.•A.RESOLUTION. authorizing and-directing the _ City. ,Manager and City Clerk -of the city.pf to execute a _ lease•agreement,with.Western Materials, Inc f *14.. CONSIDERATION . OF RESOLUTION AUTHORIZING SALE, OF SURPLUS POLICE VEHICLE • . • RESOLUTION NO,A,D1 IV RESOLUTIO14_authorizing the sale of a • surplus,police-cartoLthe City of Moxee. *15. CONSIDERATION:=CF.RESOLUTION. DECLARING SURPLUS PROPERTY AT KIWANIS .,RESOLUTION NO D-5472 &RESOLUTION declaring thei,Kiwanis Park _house surplus, of' no. value, and authorizing its disposal, hrough Urban•HomeSteading.Program. , AAD/4 • 382 JUNE 21,'1988 *16. Sr E` DATE - OF •PUBLIC HEARING' FOR JULY 26, 1988 =ON THE 1989 -1994 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM -- July -26, 1988.was'set as the. date of public hearing on the 1989- 1994 Six'Year Transportation Improvement Program: *17. REPORTS FROM TRAFFIC ENGINEERING DIVISION: A. REQUEST FOR PARKING PROHIBITION ON WEST SIDE OF 30TH AVENUE, FROM TIETON DRIVE TO 250' NORTH OF TIETON DRIVE The'-staff report regarding a request for parking prohibition:on the -west side of 30th- Avenue from Tieton •Drive . to =' feet north of Tieton Drive, and recommendation to refer to the Legal Department for preparation .of- an ordinance approving the request, was accepted. ' B. REQUEST FOR PARKING PROHIBITION ON THE SOUTH SIDE OF ARLINGTON, FROM 41ST AVENUE TO 42ND AVENUE • - The staff• report regarding a request for parking prohibition'on the south side of Arlington,. from 41st Avenue to 42nd Avenue, and recommendation to refer to the Legal Department for preparation of - an ordinance- approving the request, was accepted. C. REQUEST FOR- AMID- BLOCK CROSSWALK ON "B "- STREET, BETWEEN THE COUNTY COURTHOUSE AND THE PARKING LOT TO THE NORTH The staff report for a mid -block crosswalk on "B" Street, between the County Courthouse and the parking lot to the north, and recommendation to deny the request, was accepted. * 18. - CONSIDERATION OF RESOLUTION GRANTING PERMITS FOR THE RETAIL SALE OF FIREWORKS FOR 1988. RESOLUTION NO. D -5473, A RESOLUTION granting permits for the retail sale of fireworks within the City of Yakima for 1988. * 19. PRESENTATION OF .1989-1991 HOUSING ASSISTANCE PLAN / The staff report and recommendation . /to apprbve '-the 1989 -1991 Housing Assistance Plan, and authorize staff to- proceed with the submission .of the Plan to HUD (U. S. Department of Housing and Urban Development); was approved. • • 20. CONSIDERATION OF AN ORDINANCE AMENDING THE HOURS OF OPERATION FOR MUNICIPAL PARKS FROM CLOSURE AT MIDNIGHT TO 10:00 P.M. ' Public Works Director Copeland stated the Parks and Recreation Commission - received several. requests from citizens who feel that there are inappropriate activities occurring' in the parks during the evening hours and after dark. He stated that this has been discussed with Police .Department officials andit is believed that closure of the park's at 10:00 P.M. will be helpful in curbing some of these activities. Council member Sims commented that he -MS a lot of people out at 5:00 A.M. walking or jogging in the parks and inquired if these people will • be in violation of the ordinance. City Attorney'Vanek stated the ordinance reads the park will be closed from 10:00 P.M. to 6:00 A.M. of the following day, . therefore,— people in the park prior to that time would. be- in violation of the ordinance. However, Mr. Vanek' pointed out that if they are walking or jogging on the sidewalk, they are on the public right -of -way and would not be in violation of the ordinance. Council member Foy stated many- softball-tournaments run past the 10:00 P.M. curfew and asked if any provision has been made for such • activities in the City parks? Mr. Copeland the ordinance excludes park sponsored or•approved activities within City parks. Council member Barnett interjected that the public address system at Franklin Park can be heard until close to. midnight during many of the activities' occurring there. City-Attorney Vanek - pointed out that before anyone cam be arrested for-violation of the ordinance they have to be warned by the Police Department that they are in AAD /5 383 JUNE 21,' violation of 'the'Hbrdinance, and if they refuse' =to' leave the premises' they -are subject to arrest. 'Ordinance No. 3103 having been read by title, " it'was MOVED by Carmichael, seconded -by :.Sims, to approve the ordinance. Unanimously 'carried'by'roll'call'!vote. Beauchamp absent. ORDINANCE NO. 3103, AN ORDINANCE relating to parks and playgrounds; Changing park curfew time;' and amending Section 13.20.030 of the City of Yakima Municipal'Code and declaring -an emergency' 21. CONSIDERATION OF'-AN ORDINANCE ` AMENDING THE 1988 'PARKS CIP BUDGET AND APPROPRIATING FUNDS FOR 'IMPROVEMENTS TO LIONS POOL, I.E. SPA • (SECOND 'READING:) • An ordinance appropriating funds for improvements to _Lions Pool, 'having been -read by' -title only at-the previous meeting, was. brought before `the Council' for a- second. reading - There being no discussion" oh' the ordinance;:• -and the•ordinance • having been read by title, it was MOVED by Sims,'seconded by Buchanan, to pass the ordinance. Motion 'failed° by•'4 -2 - 'roll call vote. Barnett and Foy voting nay. Beauchamp absent. (Note: A super majority vote is necessary for passage 'of- an appropriation ordinance.) *22. CONSIDERATION'` OF ` "AN'*ORDINANCE AMENDING'•'-THE 1988 BUDGET AND 'APPROPRIATING -FUNDS FOR ELECTION:EXPENSES-"(SECOND READING) An Ordinance appropriating funds for the 1987 Primary and General Election and the March 1988 Special election, having been -read by title only at the previous meeting, was brought before the Council for a = second reading. ORDINANCE NO. 3104, AN ORDINANCE amending the 1988 budget for the _ City of Yakima; and making •an appropriation of $37,955 in the • General:LFund during._:1988 for election' costs: * 23. CONSIDERATION OF AN ORDINANCE AMENDING THE 1988 BUDGET AND APPROPRIATING FUNDS -FOR AN ARTSVAN PROGRAM (FIRST READING) . An ordinance appropriating funds for an Artsvan Program, having been read by title only, was laid on the table for three weeks or until July 12, 1988. 24. OTHER BUSINESS _ _ .. _- . _ _ - ....?.._ Mayor Berndt asked Aquatics Supervisor Glenna Thon if complaints have been received about the cost of using the pool because of the limited session.''- Mayor Berndt 'stated she has 'received complaints that $2.25 is excessive for an hour of swimming for an adult. Mrs. Thon responded there are a number of_ sessions which vary from an hour to two hours, and stated she has not received any complaints about this arrangement or swimming fees. • City Manager Zais announced the need for a short executive session regarding prospective litigation following the Council meeting. Mr. Zais distributed a draft of the interlocal agreement between the City, the School District and the County for the Coalition for the -War on Drugs. He stated an ordinance is being prepared to • create funding 'for 'the Coalition as well as an apropriation ordinance that will allow for payment' of expenditures for the Coalition. Due to the fact that the agreement has not been executed, and the ordinance has yet to be passed by Council, Mr. Zais stated he is seeking approval today from Council to pay the outstanding expenditures related to the drug coalition's g Pe 9 activities. A brief discussion ensued regarding the payment of these expenditures, after which it was MOVED by Buchanan, seconded by Sims, to authorize payment from the existing funds -with ' concurrence from the other two entities, and if there is a problem it can be corrected later. Unanimously carried by voice vote. Beauchamp absent. Council member Foy asked if Council members will AAD /6 384 • JUNE 21,.1988 • be receiving, a copy of the budget. and Mr. Zais- .responded affirmatively.: Council ,member Barnett asked if the document says that the three bodies must approve • the.budget.and Mr. Zais stated . that, is _correct. Information Items: Items ,of„ information, supplied to Council were: Memo from the Assistant City Attorney regarding Police Department Letter to Landlords Pursuant to S.H.B. 1445. 6/16/88; Meeting Notice of Joint Select Committee on Water Resource Policy scheduled for June 29, 1988; Letter from District Court ,Administrator.: regarding notice of request for renegotiation of District-Court Filing Fee Agreement. 6/10/88; Agenda for the June 8, 1988 Sunfair Board meeting and minutes,of its May 4, 198 meeting;., Minutes of the May_.19 _& 25, 1988, Yakima Air - Terminal Board meetings; Minutes of the May '9 & 18, 1988, Parks and, Recreation Commission meetings; III Minutes of the May 17, 1988 Yakima Center Advisory Commission meeting and May 1988 monthly, report; and for.,the•June 22, 1988 Yakima Urban Area Regional,•Planning Commission meeting and minutes_of its.April 20, 1988_meeting.... _ . . 25, EXECUTIVE . SESSION - . It was MOVED by Buchanan, seconded by Sims, to move into Executive Session for •approximately twenty minutes for ..the purpose of discussing prospective. litigation and adjourn immediately thereafter. Unanimously carried by voice vote. Beauchamp absent. }_ 26. ADJOURNMENT - Following the completion of the executive,. session,, the meeting was adjourned at the hour of 3:30 p.m. . . - ..,, ..... • .. . i READ AND CERTIFIED ACCURATE.B / ! CO , %' L M : 4 "'" IY.T COU NC • MEMBER DATE ATTEST: . - .1-.. _ • 1. - - ' • . /.6 ,,d gc5---(Le,.. c,(ut ,Ze,,,,,,,fei- . CITY CLERK MAYOR Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC. • . . .... . • , JUNE 28; 1988. , No Council meeting was held on this date as there was a lack of a quorum due to Council members= attending the •Association of Washington Cities :Conference. ; . - -., , Karen,S. Roberts, City Clerk , . AAD /7