HomeMy WebLinkAbout06/17/1986 Business Meeting 330
JUNE 17, 1986
• 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. Assistant Mayor
Clarence. Barnett, presiding, Council members "Pat Berndt, Lynn
Buchanan, Lynn Carmichael, and Jerry Foy present on roll call.
Mayor Henry Beauchamp and Council member Jack Sparling absent and
excused. Assistant City. Manager Stouder; Attorney Andrews,
City - Clerk Roberts and. Deputy City .Clerk Toney also present.
2. INVOCATION
•
The Pledge of Allegiance was led by Assistant Mayor Barnett.
A proclamation declaring June 21st As Golden Olympics Day in
Yakima was read by Assistant Mayor Barnett and presented to Art
McManigal.
i
•
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council member Carmichael stated the Council Committee has met
regarding vacancies on some of the Boards and Commissions and is
ready to make recommendations for appointments. It was MOVED by
Carmichael, seconded by Foy, to appoint Robert Bowles to the
Traffic Safety Advisory Commission. Unanimously carried by voice
vote. Beauchamp and Sparling absent.
It was MOVED by Carmichael, seconded by Berndt, to appoint Chris
• Park`. to the Community Programming Advisory Commission filling the
vacancy created by the resignation of Eric Mould. Unanimously -
carried by voice vote. Beauchamp and Sparling absent. (Chris Park
to fill the unexpired term until 1990.)
Council member Carmichael stated it has been brought to her
attention that a problem exists in the 2900 Block of Summitview
regarding the requirements for home occupation which is not
properly addressed in the new Urban Area Zoning Ordinance. She
indicated the business involves a music school which is creating
some dissension in the neighborhood. Mrs. Carmichael indicated she
would like to refer the matter to the Joint Committee
(consisting of two County Commissioners and two City Council
members) for review of the section of the Urban Area Zoning
Ordinance which deals with criteria for home occupations. She
stated some of the neighborhood residents are present and may wish
to speak to the issue under- "Audience Participation." Council
member Carmichael stated she has investigated, the situation with
staff and Bob Shampine is prepared to speak to the issue if Council
so desires. She stated even though the business meets all of the
requirements of a home occupation, she is concerned with the fact
that the neighbors do not feel they were given a proper opportunity
to offer. Mrs. Carmichael stated she would like to see if Council
wishes to consider review of the criteria for home occupations at a
later date.
Assistant Mayor Barnett and Council member Foy referred to Page 5
of the Yakima Clean Air Authority Regulation First Amendment
requesting a legal opinion be obtained regarding the "double
•standard" and the "constitutionality" of exempting one group of
citizens from receiving fines for excessive woodsmoke. Mr. Barnett
indicated he would like to have this information prior to the
public hearing on July 9th.
Council member Buchanan referred to Item No. 7, page 2 of the
minutes of the Traffic Safety Advisory Commission meeting of May
21, 1986, in which it indicates "there is a problem with vehicles
out of control entering ,,private property in the vicinity of
Jefferson and Pierce." He this was a problem a number of
years ago when former Council member Pete Moore sat on the City
Council. The complaint at that time was that the corners were
poorly designed. It was determined by City staff the corners were
JUNE 17, 1986 331
properly designed, and there wouldn't be any problems. Mr.
Buchanan stated "maybe they need to do something about that corner
• even though they have waited over 15 years."
4. CONSENT AGENDA
Assistant Mayor Barnett 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
general consensus of the Council to remove Item No. 15 from the
Consent Agenda as Council members Barnett and Foy were not present
at the June 10th public 'hearing. Discussion ensued regarding
the possibility of adjudicating the matter today rather than delay
the decision for three weeks. It was determined by City Attorney
Andrews that since Council member Foy had read the material
submitted in last week's Council packet and was familiar with the
issue, he would be able to vote. The City Clerk then read the
Consent Agenda items, including resolutions and ordinances by
title. It was MOVED by Carmichael, seconded by Berndt, that the
Consent Agenda, as read, be passed. Unanimously carried by roll
call vote. Beauchamp and Sparling 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 THE COUNCIL.MEETING OF JUNE 10, 1986
The Council minutes of June 10, 1986 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
Lance Kellogg, 3511 Summitview Avenue, appeared before Council
stating.8 months ago he moved. to Yakima to start.a martial arts
business in his hare. Mr. 'Kellogg indicated prior to purchasing
his have he had researched the Zoning Ordinance and Building Code
and determined he could ,operate a business from within his
residence. He related the have was purchased- for this purpose and
he was in the process of building an addition onto the home to
conduct martial .arts classes when he was notified by a
representative of the Code, Enforcement Department that he was not
properly zoned for this type of activity.. Mr. .Kellogg was also
notified that the signs advertising his business were in- violation
of the City's Sign Code for hone occupations. It was explained to
Mr. Kellogg that the, new ',Urban Area. Zoning Ordinance had been
adopted after his initial contact with City staff regarding his
intent to establish a home occupation, thus changing the zoning in
his area. Council member Foy recalled a recent similar situation
regarding a business located at 1206 Tieton Drive in which Council
had intervened by initiating a rezone application. Mr. Foy asked
if this issue could be researched by staff and the matter resolved
in a similar - manner withouta lengthy delay. Code Manager Bob
Shampine pointed out that Mr. Kellogg started construction of the
addition to his residence prior to obtaining a building permit.
Mr. Shampine stated at the .time.. the building permit was issued
staff was unaware Mr. Kellogg would. be. conducting. a home occupation
at that location. Mr. Shampine stated under the old Zoning
Ordinance a martial arts studio would have been permissible,
however, in the new Urban Area Zoning Ordinance, it is not
specifically listed: as a. hone occupation, and therefore, requires a
Class 3 Review which is approximately 30 days after application is
made. Council member Carmichael stated there is also a problem
.with the sign which needs', to be addressed. Staff was asked to
,,:=bring the information back to Council, and to notify Mr. Kellogg of
the schedule of hearings, proper permit_ issuances, etc.
Marjorie Frasier, 1218 South 2nd Avenue, appeared before Council
requesting a $15 penalty for reinstating danestic water service to
her residence be removed from her bill. She indicated she did not
,receive a second notice prior.to her water being turned. off by City
staff. Her bill. has since.been.paid and water service restored,
however, City.. personnel did not remove the $15 penalty. Council
member. Berndt stated she would like to have this, issue referred to
staff to see why a second 'notice was not .mailed to Mrs. Frasier.
332
JUNE 17, 1986
•
Director of Finance and Bud et John Hanson, , , .- was present and
stated he would meet with Mrs. Frasier and resolve the matter.
Pat and Rick Mallonee, 2903 Summitview, appeared before Council
regarding objections to a music school being operating at their
residence. She indicated objections voiced by some of the
. • neighbors have been, or are in the process of being addressed.
Referring to the complaint of increased traffic in the area as a
result of her business, Mrs. Mallonee stated she has not operated
as a business yet, therefore, does not understand how the alleged
increase in traffic can be attributed to their music school. It
was also pointed out that operation of a music school is permitted
as a home occupation in a single - family residential area. She
indicated a Dairy Queen, a dress shop, and a dance studio are also
located in their neighborhood on Summitview Avenue. Rick Mallonee
stated a realtor had previously talked with the 'neighbors .
concerning their operation of a music school, and at that time
there were no objections voiced by any of them.
Mildred Norstadt, 1302 South 43rd Avenue, addressed Council
regarding the amount of traffic in the vicinity of Randall Park.
She stated vehicle traffic does not abide by the 25 mph speed limit
posted in that area causing'concern for children, bicyclists, and
elderly people who utilize the park. She indicated
therearen't any sidewalks in part of the area, forcing those who
use the park to resort to the street for a walkway. A petition
containing 125 names,. requesting a four -way stop sign at 44th and • Viola was presented to the City Clerk. Mrs. Norstadt stated the
same petition will be presented to the County Commissioners next
week. She indicated in 1981 the County agreed to make their
section of 44th Avenue a bike path with a 25 mph speed limit,
however, this has not yet been implemented because the County
is waiting for the City to designate their portion as a bike path.
Assistant Mayor Barnett stated this information will be forwarded
to City staff in an attempt to resolve these issues.
Doris Matson, 2907 Summitview Avenue, addressed Council stating she
and other neighbors are concerned with the encroachment of
.;business within their R -1 (single - family residential)
t`Neighborhood. She requested Council consider clarification of the
City Code regarding home occupations versus commercial businesses.
It was the consensus of the Council that issues of this nature be
referred to the Joint Committee consisting. of two Council members
and two County Commissioners for discussion and clarification.
Code Manager Shampine stated the Hearing Examiner also has the
authority to give interpretations regarding issues of this nature
and suggested Mrs. Matson meet with him.
7. HEARING ON SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE
PERIOD OF 1987 -1992
This being the set, for the public hearing on the Six Year •
Transportation Improvement Program, Denny Covell, .Director of
Engineering and Utilities, gave a brief overview of the staff
report and Program presented for Council's consideration and public
input. The hearing was opened for public testimony, however, there
was no one present wishing to speak to the issue. The hearing
• having been declared closed, and the resolution having been read by
title, it was MOVED by Berndt, seconded by Carmichael, the
resolution be adopted. Unanimously carried by roll call vote.
Beauchamp and Sparling absent. .
RESOLUTION NO. D -5261, A RESOLUTION adopting a Six Year
• Transportation Improvement Program for the period of 1987 through
1992 for the construction of streets and arterial streets in the
City of Yakima.
8. REPORT FROM CITY ATTORNEY REGARDING CITY COUNCIL SALARIES
Following discussion concerning the manner in which the
salary increase is to be implemented, it was'MOVED by Carmichael,
seconded by Berndt, to accept this report and 'schedule this on a
study session agenda at some time in the near future when it is
appropriate. Motion failed 2 -2. Barnett and Foy voting nay and
Council member Buchanan abstaining. Beauchamp and Sparling absent.
JUNEI 17, 1986 333
•
Council member Buchanan stated he voted against the motion because •
"I got led down the garden IIpath by a Council member the last time
this was voted on, so I seeno point in voting on it now."
*9. REPORT FROM ENGINEERING & 'UTILITIES REGARDING CORPS OF ENGINEERS
REPORT ON WASTEWATER TREATMENT PLANT LEVEE PROJECT
The report and staff recommendation to concurwith the Corps of
Engineers' deferral of the levee project until a need develops,
advise the Corps of Engineers the City cannot continue current .
sponsorship of the project, and request the Corps of Engineers
continue the Congressional : authority process in the event future
needs develop, was approved and accepted.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR
PROFESSIONAL SERVICES WITH PRESTON SHEPHERD TO ASSIST WITH CITY
ENGINEERING NEEDS
RESOLUTION NO. D -5262, A RESOLUTION authorizing the City Manager
and City Clerk of the City of Yakima to execute an agreement with
Preston L. Shepherd and Associates, Inc. for professional
services.
*11. CONSIDERATION OF RESOLUTION GRANTING PERMITS FOR THE RETAIL SALE OF
FIREWORKS FOR 1986
RESOLUTION NO. D -5263, A RESOLUTION granting permits - for the retail
sale.of fireworks within the .City of Yakima.for 1986.
*12. CONSIDERATION OF RESOLUTIONAUTHORIZING EXECUTION OF NOB HILL BLVD.
PROJECT PARTICIPATION AGREEMENT BETWEEN THE CITY-AND PACIFIC POWER
& LIGHT COMPANY FOR AERIAL OVERHANG EASEMENT
RESOLUTION NO, D- 5264, A RESOLUTION authorizing the execution of a
"Nob Hill_Boulevard Project Participation Agreement" with Pacific
Power & Light Company.
*13. CONSIDERATION OF RESOLUTION OF INTENT TO CREATE PRIDEVIEW SEWER
EXTENSION LOCAL IMPROVEMENT DISTRICT (SET DATE OF HEARING FOR
JULY 22, 1986)
RESOLUTION NO. D -5265, A RESOLUTION of intention to create a local
improvement district.
*14. APPROVAL OF BUDGET REPORT FOR MAY 1986
The Budget Report for May,! 1986 from the Department of Finance &
Budget was accepted.
15. CONSIDERATION OF AN ORDINANCE VACATING RIGHT -OF -WAY LOCATED ON
. 10TH AVENUE, REQUESTED BY SMITH FAMILY PARTNERSHIP
•
The ordinance:having been read by title, it-was MOVED by Berndt,
seconded by Carmichael, the ordinance be approved. Carried 4 -1
by roll call vote. Barnett abstaining due to the fact he was not
present at the hearing, and had not familiarized himself with the
material. Beauchamp and:Sparling absent.
ORDINANCE NO. 2965, AN ORDINANCE vacating a portion of North 10th
Avenue.
*16. CONSIDERATION OF AN 'ORDINANCE RELATING TO ALLOCATION OF WATER &
SEWER REVENUE TO CAPITAL FUND ACCOUNTS
ORDINANCE NO. 2966, AN ORDINANCE relating to public water and sewer
services; allocating amounts being collected for capital purposes
and portions of rates tol, provide those amounts; and enacting
Section 7.68.256 and subsection 7.60.020 F, all of the City of
Yakima Municipal Code.
*17. CONSIDERATION OF AN ORDINANCE AMENDING THE 1986. BUDGET AND
APPROPRIATING $150,000 FOR VARIOUS STREET IMPROVEMENTS AS
• AUTHORIZED BY COUNCIL
•
334 JUNE 17, 1986
An Ordinance appropriating funds for various street improvements
having been read by title only at this meeting, was laid on the
table for three weeks, or until July 8, 1986.
•
18. OTHER BUSINESS
Council member Foy stated it was brought to his attention that the
Parks Commission met with the School District last night regarding
the 6th Avenue Greenway Project. Mr. Foy requested Jerry Copeland,
Director of Public Works, give a verbal report regarding this
matter. Mr. Copeland distributed the revised written proposal for
the project, two architectural drawings of the Greenway Project and
an overlay sketch to each Council member for review and discussion.
Council member Buchanan asked if Council member would have an
opportunity. to study the issue. Mr. Copeland explained the
written proposal is contained in the material just distributed and
he is prepared to give a verbal report at this time. Mr. Buchanan
stated he feels the, amendment to the plan should be presented in
the form of a written report rather than a verbal report. Council
member Foy explained he requested that Mr. Copeland present the
verbal report to Council at this time so the School District may
proceed with the project. Mr. Copeland proceeded to review the
proposal and responded to Council's inquiries. Discussion ensued
regarding emergency vehicle access, parking, traffic flow, bicycle
access, and the possibility of removing the trolley tracks in the
future. Rick Gagnier, Yakima School District, indicated they would
like to proceed with the project and have it completed by
September. Council member Buchanan stated several years ago the
City Council established a bicycle route down 6th Avenue. He
•
further pointed out the potential liability involved in having a
bicycle route located next to the train tracks, and questioned
who would assume responsibility for this liability. Council member
Foy stated the tracks are now owned by the City, therefore, the
City must assume any liability involved with ownership of the
tracks. Mr. Buchanan also expressed concern regarding the posts in
the middle of the railroad tracks (which is a bicycle path).
Following further discussion, it was MOVED by Foy, seconded by
Berndt, to proceed with the directions outlined by Mr. Copeland
with the proper adherence to the Park Col[u recommendations
for amendment. Council member Carmichael objected to having just
received the material and being asked to make a decision without an
opportunity to review the revised proposal. She stated she does
not feel she has enough information on which to make a legitimate
decision at this time. It was MOVED by Carmichael, seconded by
Buchanan, to table this issue until July_ 1st, setting aside a
special portion of the study session as a business meeting to deal
with it. Motion failed by 3 -2 voice vote. Barnett, Berndt and Foy
voting nay. Beauchamp and Sparling absent. The question was
called for a vote on the motion, however, Assistant Mayor Barnett
stated he has a question regarding the timeframe of the project.
Council member Carmichael absent after 3:08 p.m. Mr. Gagnier
indicated the School District would likely authorize bid
proceedings at the School District Board meeting scheduled for this
evening if Council should grant approval of the project today. He
also stated the School District would be more than willing to work
with City staff and Council to resolve Mr. Buchanan's concerns
related to bicycle path safety issues. Council member Buchanan
absent after 3:14 p.m. There no longer being a quorum present,
Assistant Mayor Barnett adjourned the meeting.
Information items:
Items of information supplied to Council were: Newsletter from
Washington Nuclear Waste Board/Washington Nuclear Waste Advisory
Council, Volume 3, Number 3, May /June 1986; Yakima County Clear
Air Authority Regulation First Amendment to the Consolidated
Regulations Adopted January 3, 1979 relating to woodstove
regulations; Memo from' Personnel Officer regarding Retirement
audit. 6/13/86; Memo from Code Administration Manager regarding
Procedures for implementation of an emergency evacuation plan for
multi - family residences. 6/6/86; Memo from City Attorney
regarding Damage claims referred to insurance company.
6/5/86; Yakima Center Management Report for May 1 -31, 1986; 1986
Community Development Block Grant Monthly Report for May
335
JUNE 17, 1986
1986; and Minutes of the February 10 & March 10, 1986 Yakima
Transit Advisory Task Force meetings.
19. ADJOURNMENT
There being no quorum present after 3:14 p.m., Assistant Mayor
Barnett adjourned the meeting.
READ AND CERTIFIED ACCURATE BY: (C 41 '
COUN 'II; M R D ∎ TE
•
7/6
ATTEST: COUNCIL m :ER / Age DATE
CITY CLERK ASSISTANT MAYOR
II