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HomeMy WebLinkAbout08/12/1986 Business Meeting 356 • AUGUST 12, 1986 • , • • BUSINESS MEETING t . 1. ROLL CALL The City Council met in ' session on this date at 2:00 ' p.m. in the Council- Chambers of City' Hall, Yakima; Washington. Mayor Henry Beauchamp, presiding,. Council members Clarence Barnett, Pat Berndt, Lynn Buchanan, Lynn Carmichael, and Foy present on roll call. Council 'member Jack Sparling absent and excused. City Manager 'Zais,' 'Assistant City 'Attorney Vanek,'City'Clerk Roberts and Deputy City Toney also present: - 2. INVOCATION • • The'Invocation was given by Council member Berndt. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Carmichael distributed copieslof a letter (written by her) to the Director of the Department of Community Development of the State of Washington requesting the distribution procedure for CDBG funds to smaller cities in the state not be changed. She reported she testified' at a meeting in Ellensburg on behalf of Moxee and Ritzville regarding this matter,'andi both cities were awarded CDBG funding for projects. Mrs. stated-'she and City Manager Zais recently attended' the Legislative Committee Meeting held'by the Association of Washington Cities and asked if Council would like to set aside some time in the near future to review the list of priorities resulting from that meeting. It was the consensus of the Council to have City Manager Zais arrange a meeting with legislative representatives and review the list of priorities as Council has done in the past. A: • REPORT ON HANFORD DEFENSE WASTE ISSUE Assistant Mayor Barnett summarized his memorandum dated August 12, ' 1986'regarding the Northwest Citizen's Forum on Defense Waste. W//NiX`liO / A NPO ii/l /A / OW -AYM/ /Y9 'k /l 003/001 4 /MW PW16,0,XMOMii ii/ / 9 M,Y010X //W /, ` // WW '4 /Of g9S0 ,$` /Y0X0#0 /Xr /PC00 91/ 01 /Offe /;a`YWOOY/0lt`X0/g90( x /9100 X95J0 • ($gi/ He responded to questions by Mayor Beauchamp and Council member Foy. Mr. Barnett was complimented by Council member Foy for his outstanding job in representing the City of Yakima on this forum. (See minutes of 9/9/86 which indicate the second sentence was deleted at the request of Council member Barnett.)' 4. CONSENT AGENDA • Mayor Beauchamp referred to the items placed on 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 remove Items Nos. 11 and 14 from the Consent Agenda, as requested. 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. 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 MEETINGS OF JULY 1, 8, 15 & 22, AND AUGUST 5, 1986 The Council minutes of July 1, 8, 15 & 22 and August 5, 1986 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. • • AUGUST •12, 1986 •357 6. AUDIENCE PARTICIPATION Ralph Korn, 1313 Browne Avenue, appeared before Council requesting Council initiate a rezone of his business property, located at 602 South 5th Avenue from R -2 (Residential -Two Family) to B -1 or possibly M -1 (Light Industrial). Photographs and a map depicting the property in question were distributed to Council 'for their review. Mr. Korn stated his property and the property leased by the State Employment Security Office was formerly zoned M -1, and in the process of rezoning the area in.conjunction with the new Urban Area Zoning Ordinance, these two pieces of property were included in the R -2 area. Following further discussion, it was MOVED by Foy, seconded by Buchanan, that the City Attorney bring in a resolution to create zoning for the property along Queen Anne, and II/ that it be returned to the original M -1, and the proper resolution be brought in for the Council to take action which notifies the property owners. Associate Planner Don Skone responded to inquiries from Council members Carmichael and Buchanan regarding •the difference between B -1 and M -1 zoning, after which the question was'called for a vote on the motion. Unanimously carried.by voice vote. Sparling absent. 7. HEARING ON FINAL ASSESSMENT ROLL FOR L.I.D. NO. 1036, SCENIC VIEW TERRACE SEWER DISTRICT (SEE ORDINANCE CONFIRMING ASSESSMENT ROLL) This being the time set for the hearing on the final assessment roll' for Local Improvement District No. 1036, Scenic View Terrace, Office Engineer Rita Germunson reviewed the staff report and cost estimates contained therein. Council member Carmichael asked if staff was able to obtain outside utility agreements from all of the property owners • involved. Mrs. Germunson responded affirmatively. Mayor Beauchamp opened the hearing for public testimony at this time. There•being no one present wishing to speak for or against the final assessment roll for L.I.D. No. 1036, the Mayor then closed the hearing. Ordinance No: 2976 having been read title, it was MOVED by Berndt, seconded by Carmichael, the ordinance be adopted. Unanimously carried by roll call vote. Sparling absent. • ORDINANCE NO. 2976, AN ORDINANCE confirming the assessment roll covering Local - Improvement District No. 1036 as created and established by Ordinance No. 2833 of the Ordinances of the City of Yakima. 8. HEARING ON FINAL ASSESSMENT ROLL FOR L.I.D. NO. 1037, ERICH'S HILL SITES SEWER DISTRICT (SEE ORDINANCE CONFIRMING ASSESSMENT ROLL) This being the time set for the hearing on the final assessment roll for L.I.D. 1037, Erich's Hill Sites, Office Engineer Rita Germunson reviewed the staff report and estimated assessment costs contained therein, and responded to Council's inquiries regarding the same. Mayor Beauchamp opened the hearing at this time for public testimony. There being no one present wishing to•speak for or against the final• assessment roll for Local Improvement District No. 1037, the hearing was closed. Ordinance No. 2977 • having been read by title, it was MOVED by Carmichael, seconded by Berndt, that the ordinance be passed. Unanimously.carried by roll call vote. Sparling absent. • ORDINANCE NO. 2977, AN ORDINANCE confirming the assessment roll covering Local Improvement 'District No. 1037 'as created and established by No'. 2834 of the Ordinances of the City of Yakima: 9. HEARING ON REZONE REQUEST BY FRANK RATAEZYK FOR PROPERTY AT 1218 SOUTH 6TH STREET This being the time set for the hearing on the rezone request of Frank Rataezyk for property located at 1218 South 6th Street, Associate Planner Larry Lehman stated this hearing is a result of the request made by City Council on July 22, 1986. Having read the hearing procedure; Mayor Beauchamp opened the hearing for public 358 AUGUST 12, 1986 testimony. Frank Rataezyk, 1218 South 6th Street, testified he has owned the property being considered for rezone for many years. He — — stated -'the property has been for sale since 1960, however, the zoning has prevented the sale of it. He stated he currently has an offer to purchase this property with the intent of establishing an auto repair shop. Reverend Lawrence Madry, 1208 South 6th Street, spoke in support of the request for rezone, stating he feels it will be an improvement to the surrounding neighborhood. Clem Enright, 312 North 3rd Street, spoke on behalf of Vic Hahn, Hahn Motor Company, requesting parcels numbered 12434, 12435, 12436, 12437, 12438 and 12439 be rezoned from B -1 to CUBS zoning. Mr. Enright stated this property has been in the Hahn family for over twenty years, however, the Hahns have been unable to develop it due to the prior R -3 zoning. The property was rezoned from R -3 to B -1 in conjunction with the Urban Area Zoning Ordinance. He pointed out that Mr. Hahn is requesting the City Council initiate a rezone of all of the remaining lots currently zoned B -1 to CBDS. Discussion ensued regarding the significance of the proposed business not being located on a major arterial versus a collector street. Glenn Rice, Director of Community & Economic Development, stated a goal of the Urban Area Plan is to have businesses located on primary or secondary arterials rather than collector streets. 'Mr. Barnett stated the basis for denial of this request appears to the issue of "spot zoning ". He indicated he checked the entire ordinance and the plan summary and was unable to locate any reference to "spot zoning ". Associate Planner Lehman stated "spot zoning" was not specifically addressed in the ordinance because it is not allowed by state law. David Ross, 2506 W. Chestnut, of Prestige Realty, stated he has a bonafide offer to purchase the property provided it can be used for an auto repair shop. Council member Buchanan requested a copy of the map illustrating the location of the property owned by Mr. Hahn. Mr. Enright submitted a copy of the assessor's map illustrating the property owned by Mr. Hahn. There being no other citizen present to speak to the rezone request, and the hearing having been closed, it was MOVED by Foy, seconded by Berndt, to approve the citizen's request from B -1 to CBDS. Under discussion, - Council member Foy stated he understands the concern with spot zoning, however, he feels there is a way the City Council can deal with these issues as they are submitted. He stated Council has authority under section 15.23.030.1 (a) to initiate the rezone of the remaining B -1 area, thus eliminating the spot zoning. Council member Barnett gave his statements of reasons for supporting the rezone request as follows: 1) testimony at the public hearing indicates the area is not suited for purposes presently zoned, and no one has testified against the rezone, favors the rezone, 2) testimony and reports submitted for Council's consideration indicate the property is more suitable for CBDS than B -1 use, 3) analysis of the sketch map indicates the greater part of the area has no buffer to the R -2 zone, also, on the extent the proposal deviates from the goal of the Urban Area Plan, there has been testimony and data submitted to us that this is not compatible because of the issue of the primary or secondary arterial and spot zoning. However, he believes these matters are secondary in relationship to some of the other issues, 4) regarding recommendations from interested agencies and departments, there were none, therefore, this question is not applicable, 5) regarding the adequacy of public facilities such as roads, sewer and water, public testimony indicates the property is favorable for a rezone, 6) regarding the compatibility of proposed zone changes and associated uses with the neighboring land uses, whereas the Hearing Examiner found the area was not compatible, from review of the sketch map, he believes there is compatibility, 7) regarding the public need for the proposed change, public testimony indicates the need exists. Since the majority of the the facts and findings items considered favor the rezone, Mr. Barnett stated he supports the rezone. The question was called for a vote on the motion. Unanimously carried by roll call vote. Council member Carmichael voted in favor of the rezone for the reasons stated by Council member Barnett, however, added that she would prefer to deal with the entire area at one time. Council member Foy voted in favor of the rezone stating the majority of the seven reasons given support the .rezone to CBDS. Council member Barnett voted in favor AUGUST 12, 1986 359 of the rezone for reasons previously .mentioned. Mayor Beauchamp, Council member Berndt and Council member Buchanan voted in.•favor of the rezone for reasons stated by Mr. Barnett. Sparling absent. It was MOVED by Foy; seconded by Buchanan, that a resolution be brought back which would rezone the remaining lots from B -1 to CBDS. It was MOVED by Buchanan, seconded by Berndt, to amend the motion to include one lot on the corner of 6th Street and Washington Street which is currently in an R -2 zone. Unanimously carried by voice vote. Sparling absent. 10. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM Code Manager Shampine informed Council that the attached list of property owners have been properly notified, and none of the owners have responded to the notice. Council member Foy asked if the City owns any property on the attached list. Mr. Shampine responded it does not. Mr. Foy ,criticized the manner in which a City owned lot on Nob Hill Boulevard had been cleared and asked that staff ensure City property is cleared in an appropriate manner. 'Following further discussion and Resolution No. D -5276 having been read by title, it was MOVED by Barnett, seconded Foy, to adopt the appropriate resolution. Unanimously carried by roll call vote. Sparling absent. RESOLUTION NO. D -5276, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. At this point in the meeting, Council member Carmichael asked that Les McNary be allowed to present his report on the Yakima Center as he must te at a 4:00 p.m. meeting - elsewhere. This was the Consensus of the Council. 12. 'REPORT- FROM YAKIMA CENTER REGARDING SECOND QUARTER : STATUS Les McNary, Director of the Yakima Center, was present to respond to Council's inquiries regarding this report. Council member Berndt asked Mr. McNary about the feasibility of staff preparing a report on the amount of revenue the tourist trade brings into the community through sporting events. Mr. McNary indicated he is presenting a report on this issue at 4 :00 p.m. today to the Yakima Center Board. He indicated the slow -pitch softball industry alone brings in 1.2 million into the community. Council member Berndt stated she would like to see a networking system in place to alert the Yakima Center and the citizens as to the various. sporting events occurring within the community. Mr. McNary admitted there • is no system in place at the current time that would meet this need. He indicated this is an area which needs further work and staff will attempt to address the issue again. It was °MOVED by Barnett, seconded by Buchanan, to accept the report. Unanimously carried-by voice vote. Sparling absent. City'Manager Zais suggested Council discuss Item No. 14 next in order to allow 'a citizen present to speak to the issue. This was the consensus of the Council. 14. CONSIDERATION• OF RESOLUTION AUTHORIZING APPLEI CLASSIC RUN ON SEPTEMBER 27, 1986, David Hawkins, 309 Naches Avenue, stated he requested this item be taken off the Consent Agenda because there have been a couple of changes in the report since Council received it. He stated they were only able to obtain $1.4 million worth of insurance coverage and the City requires $3 million. He also stated in the Assumption of Risk & Waiver Agreement, under #2, the'word "sponsor" has been added to line 5 of the first paragraph. Mr. Hawkins stated he is the founder of the run and proceeded to give a report on the event which will be held September 27th in conjunction with the Sunfair Parade. City Manager Zais commented it has been past practice of the 'City to have a $3 million level of insurance for this type of event, however, the last Hatfield Run was approved Council with 360 AUGUST 12, 1986 a $1 million insurance certificate. Resolution No. D -5278, having been read by title, it was MOVED by Buchanan, seconded by Carmichael, that the resolution be adopted. It was MOVED by Barnett, seconded by Berndt, to amend the resolution reducing the level of insurance from $3 million to $1.4 million, and to insert the word "sponsor" in the appropriate place. Unanimously carried by roll call vote. The question was called for a vote on the resolution as amended. Unanimously carried by roll call vote. Sparling absent. RESOLUTION NO. D -5278, A RESOLUTION authorizing the closure of certain streets within the City of Yakima to accommodate the Apple Classic Street Run. 11. REPORT FROM DEPARTMENT OF ENGINEERING AND UTILITIES AND UTILITY RATE ADVISORY BOARD REGARDING PROPOSED SEPTAGE RATE ADJUSTMENT AND STAFFING NEEDS Chris Waarvick, Wastewater Superintendent, was present and responded to questions by various Council members. Mayor Beauchamp asked if the additional staff person would be necessary once the modifications at the Treatment Plant have been completed. Mr. Waarvick stated the person hired to handle the septage waste could also be utilized in other areas of the treatment plant, such as preventative maintenance, surface preparation jobs, etc. He indicated plant maintenance employees have been performing some of the duties of handling the septage waste in lieu of their regular maintenance work. Council member Barnett expressed concern with the proposed rate increase of $0.03, stating he feels'this is too high. Since the equipment'used to handle the septage waste has no reserve fund, Mr. Waarvick recommended $0.004 of the $0.03 rate be set aside for equipment replacement. He stated part of the rate component is debt service that could be attributed to the septage waste system. Council member Buchanan stated he was disturbed with the report which indicates an additional person is needed to handle the septage waste, and staff is now saying the additional person is needed to handle maintenance tasks. He added that additional staffing is an issue which should be discussed at budget review rather than mid -year. Mr. Waarvick stated the question raised by Mayor Beauchamp was in reference to a discussion last Tuesday regarding time spent by the mechanics on issues which need to be resolved. The additional person requested in this staff report is for an operational person to manage septage waste. Following further discussion, it was MOVED by Berndt, seconded by Foy, that we direct legislation be prepared authorizing a septage rate adjustment of $0.03 per gallon. Motion carried by 4 -2 voice vote. Barnett and Buchanan voting nay. Sparling absent. Discussion continued regarding the need for an additional staff person. Mr. Waarvick stated the increase in septage waste rates will be used to fund the additional staff person. It was MOVED by Barnett, seconded by Foy, to authorize staffing increase of one Operator III pursuant to the staff report. Following a brief discussion as to the source of funding for this position, the question was called for the vote on the motion. Carried by 4 -2 voice vote. Beauchamp and Buchanan voting nay. Sparling absent. Council member Buchanan commented the City has problems with the entrainment and asked how the City compares with the Snokist plant. Mr. Waarvick stated he was aware they were having difficulties earlier•in the year and added he will investigate the situation and report back to Council. *13. CONSIDERATION OF A RESOLUTION AUTHORIZING A SUPPLEMENTAL OUTSIDE UTILITY AGREEMENT WITH SALLY STROTHER FOR DAVID RODMAN • RESOLUTION NO. D -5277, A RESOLUTION authorizing the execution of an Outside Utility Agreement and Outside Utility Supplemental. Agreement with Sally A. Strother. *15. CONSIDERATION OF A RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY RESOLUTION NO. D -5279, A RESOLUTION authorizing the sale of surplus • personal property owned by the City. AUGUST 12, 1986 361 *16. REPORT FROM DEPARTMENT OF FINANCE AND BUDGET REGARDING SECOND QUARTER CENTRAL BILLING STATUS The report and staff recommendation from the Department of Finance and Budget regarding the Second Quarter Central Billing status, was accepted, including legislation authorizing the .write-off of certain.uncollectable accounts. RESOLUTION NO. •D -5280, A RESOLUTION authorizing the write -off of certain uncollectable accounts due to various funds of the City. *17. APPROVAL OF FINAL CONTRACT PAYMENTS (STANDARD MOTION V -B.- ACCEPT PROJECTS AND APPROVE FINAL PAYMENTS): A. WEST VALLEY SEWER PROJECT, 74TH AVENUE, AREA NORTH OF SUMMITVIEW (AMENDED) The report from the Director of Engineering and Utilities dated July'23, 1986, with respect to the canpletion.of the work on the West Valley Sewer, 74th Avenue Area North of Summitview project, performed by Central Washington Excavating, was approved, the work - accepted and payment of the amended final estimates as therein set forth was authorized. • B. - SPRAYFIELD MAIN PROJECT. The report from the Director of Engineering and Utilities dated August 5, 1986, with respect to the completion of the work on the - •Industrial - Sprayfield - Main Repair project, performed by & Magera, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *18. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR CRYSTAL FOR PROPERTY AT 930 N. 5TH AVENUE The of- Way -Use Permit requested by Crystal Linen to construct a storage area on the rear of the building at 930 North 5th Avenue, was approved. *19. APPROVAL OF OUT-OF -STATE TRAVEL:' A. BRUCE CREST, CABLE TV, TO PHILADELPHIA, PA The Out -of -State travel for 'Bruce Crest, Cable Communications - Coordinator, to attend the Annual Conference of the PNational ;Association of Telecommunication Officers and Advisors, in Philadelphia, , Pennsylvania, September 20 -25, 1986, at• a cost of $960, was approved. B. DICK ZAIS, CITY MANAGER; TO SAN DIEGO, CA - The Out -of -State travel for Dick Zais, City Manager, to attend the International City Management Association 72nd Annual Conference in San Diego; California, September 28 - October 2, 1986, at a cost of $1,300, was approved. C. JERRY BEESON AND TOM FIELDSTEAD, FIRE DEPARTMENT, TO BEND, OR •The Out -of -State travel for Gerald Beeson and Tom Fieldstead, Fire Department, to attend an Emergency Management Workshop in Bend, 'Oregon, September 16 -18,. 1986, at a cost of $100 each, was approved. *20. CONSIDERATION OF AN ORDINANCE AMENDING THE 1986 BUDGET AND APPROPRIATING FUNDS FOR REVENUE SHARING AUTHORIZATIONS (FIRST READING) : An Ordinance appropriating funds for Revenue Sharing authorizations having 'been read by title only at this meeting, was laid on the table for one week or until August 19, 1986. - '36'2 AUGUST 12, 1986 21. OTHER BUSINESS A. CONSIDERATION OF APPOINTMENT OF A 911 COUNCIL COMMITTEE Council member Barnett asked if the Council is being a bit premature in appointing a committee to study this issue. Council member Berndt explained it is the desire of Council and staff to have an opportunity to study the issue further, and be ready to make recommendations by October 1st. It was MOVED by Carmichael, seconded by Barnett, to appoint Council members Berndt, Buchanan, and Foy to the 911 Council Committee. Unanimously carried by voice vote. Sparling absent. Council member Foy commented there is a letter on file from the Attorney General's office which states the 911 issue is not a conflict of interest for him. Council member Buchanan requested a report from staff on the Bed & Breakfast business operating out of the doctor's office at 32nd & Tieton Drive. Glenn Rice indicated he will submit a report on the situation. Council member Buchanan stated it is his understanding the City Fire Department is withdrawing from the Department of Emergency Services activity to be held this weekend due to lack of funds. City Manager Zais stated this had not been communicated to him, but he will inquire as to a decision on the matter. Council member Foy stated he would like the Transit Advisory Committee to study the possibility of advertising on the exterior_ of the buses as well as the inside curvature of the roof of the buses. He indicated he has been asked by members of the business community why this has not been considered as a source of revenue for the City. Council member Buchanan spoke about the problem at 8th Street & Yakima Avenue intersection in which semi- trucks are driving over the corner of the sidewalk. He stated if 8th Street is going to continue being used as a major truck route, some street modifications need to be made to insure the safety of pedestrians. Council member Berndt stated the intersection at 9th Street and Yakima Avenue has the same problem, and perhaps staff could include this area in their review as well. City Manager Zais indicated staff has some questions regarding the issues which have been raised by the recently formed Committee to plan the celebration of the U.S. Constitution Bicentennial Celebration. Assistant City Attorney Vanek stated he was recently contacted by Judge Nicholson (a member of the committee) and asked if the Committee should raise money and sponsor events. Mr. Vanek stated he read the language of the proclamation to Judge Nicholson and outlined the following three options to him: 1) the Committee can simply act within the confines of the proclamation to plan proper and appealing activities and submit a written plan to the Council, and promote outside organizations to execute those plans, 2) the City would set up a fund through an ordinance by which it will accept donations and specify how the money will be spent, and 3) Council could make an appropriation of money (hotel /motel tax) for tourist promotion and authorize it to be spent for this endeavor. He stated some thought was also given to the formation of a non - profit corporation, however, this is a complicated procedure. Council member Barnett stated it is his understanding that the purpose for establishing these committees was to promote patriotic activities throughout the community. Council member Berndt was in agreement with Mr. Barnett. City Manager Zais indicated City Clerk Roberts has been appointed staff liaison to work with the Committee and she also has some questions for Council. Mrs. Roberts stated the Committee has asked about the jurisdiction or boundaries within which they may work. They • questioned if they could solicit donations outside the City limits. Council member Carmichael stated they have no boundary limitations and may seek financial support anywhere. She added that the AUGUST 12, 1986 , 363 composition of the Committee was not limited to citizens residing inside the City limits. Council member Barnett stated the idea was to have the'Committee go out to various organizations within the community and secure their involvement and sponsorship of these activities. He stated the Committee was not meant to be a fund raising source, but rather a planning and steering committee. Council member Barnett reminded Council of the luncheon meeting at the Airport Restaurant at 12:00 p.m. with the Parks & Recreation Comf►ission Tuesday, August 19, 1986. Council member Buchanan referred to the letter in the information items from ,Gary Poor on the subject of requiring permits to hold a yard sale, and regulations regarding the posting of signs for yard sales stating he thinks it is a good idea and staff should be thinking -about taking action on .it.. - - 22. ADJOURNMENT . , There being no further business to come before the Council, it was MOVED by Buchanan, seconded. by. Berndt, that this meeting be adjourned at the hour -,of -4:50 .p.m. Unanimously, carried by voice vote.. Sparling absent. , - - READ AND CERTIFIED ACCURATE BY - 1 ‘ - C'd . , , COP IL MEMBER , DA E £c TT ATTEST: -. COUNCIL T E CITY CLERK -- YOR . B -3