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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