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HomeMy WebLinkAbout10/07/1997 Business Meeting 453 • CITY OF YAKIMA, WASHINGTON OCTOBER 7, 1997 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, Mayor Pro Tem John Puccinelli, presiding, Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger, John Klingele, and Bernard Sims (present after 2:05 p.m.) present on roll call. Mayor Lynn Buchanan was absent and excused. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Robert Kelly, City Manager of Kennewick, and also the Immediate Past President of WCCMA, presented City Manager Dick Zais with a 20 -year Distinguished Public Service Award from the Washington City /County Management Association. This award recognizes Mr. Zais's contributions to the public management profession in the areas of education and professional development. City Manager Zais thanked the City Council, both past and present, for their encouragement and support. In addition to his City Manager's duties with the City of Yakima, Mr. Zais currently serves as Western Regional Vice President for the ICMA and also chairs several committees at both the national and international level of the association. Glenn Valenzuela, Director of Community and Economic Development, introduced Michael Morales, as the new Grants Writer for the City of Yakima. A. PROCLAMATIONS (IF APPLICABLE) • NATIONAL RIDE SHARE WEEK Bill Schultz, Transit Manager, accepted the proclamation declaring October 20 -14, 1997 as National Ride Share Week. • FIRE PREVENTION WEEK Deputy Fire Chief Gene Martin accepted a proclamation declaring October 5 -11, 1997, as Fire Prevention Week. Council Member Barnett inquired about the City's efforts to meet the pledge to reduce Greenhouse effects on the environment due to transportation elements. Staff will bring back a report to the Council on this issue. 454 OCTOBER 7, 1997 4. CONSENT AGENDA Assistant Mayor Puccinelli 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 remove Agenda Items Nos. 9, 13, and 16 from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY KLINGELE, THAT THE CONSENT AGENDA, AS AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote; Buchanan 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 FEBRUARY 18, MAY 6 & 20, 1997 BUSINESS MEETINGS AND MAY 13 AND 20, 1997, SEPTEMBER 9, 16, AND 23, 1997 ADJOURNED MEETINGS The minutes of the February 18, May 6 & 20, 1997 Business Meetings and May 13 and 20, 1997, September 9, 16, and 23, 1997 Adjourned Meetings 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 Randy Dykes, 808 South 8th Avenue, reported speeding problems on South 8th Avenue near Davis Track Field. He presented a Letter of Protest petition and requested this problem be investigated. This issue was referred to staff to prepare a follow -up report. Lynne Kittelson, 305 North 9th Street, reported that speeding is a city -wide problem and citizens should be especially aware of pedestrians in crosswalks and the lowered speed limit in school zones particularly when children are present. Bobby Carter, 1105 South 6th Street, addressed the Council regarding the termination of the South East Community Center At work operations agreement. City Attorney Paolella summarized the circumstances surrounding the termination of the agreement. Explanation was provided about the RFP process under which the agreement will be renewed. Mr. Carter was invited to submit a proposal during that process. 7. CONSIDERATION OF RESOLUTION AUTHORIZING ABATEMENT OF HAZARDOUS DEBRIS Leonard Hall, Code Enforcement Manager, reported the property at 48th Avenue /Modesto was removed from the list because it had been cleaned up. There being no citizens present to address the issue, Resolution No. R -97 -123 as read by title only. It was MOVED BY SIMS, SECONDED BY KLINGELE TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Berger temporarily absent? and Buchanan absent. 2 455 OCTOBER 7, 1997 RESOLUTION NO. R -97 -123, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. *8. CONSIDERATION OF RESOLUTION APPROVING RECONVEYANCE OF CHESTNUT MANOR FROM CHESTNUT MANOR ASSOCIATION TO CHESTNUT MANOR LIMITED RESOLUTION NO. R -97 -124, A RESOLUTION find that reconveyance of Chestnut Manor from the Chestnut Manor Association to Chestnut Manor Limited Partnership is in the best interests of the City and its inhabitants and consenting to such reconveyance. 9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF MUTUAL AID AGREEMENT WITH WSDOT Assistant Mayor Puccinelli explained he requested this be removed from the Consent Agenda because no one from the Fire Department is on the task force. Since this is a emergency response team, he question why no one from Yakima is attending this. Fred French, City. Engineer, a member of the task force; clarified this agreement was put together by WSDOT to respond to specific issues that develop during a disaster situation and to allow each entity to take credit for its own recovery efforts. The `fire departments have very specific mutual aid agreements among themselves and this is intended to be in addition to any existing mutual aid agreement. After discussion about the type of aid this agreement encompasses, Resolution No. R -97 -125 was read by title only. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Berger and Buchanan absent. RESOLUTION NO. R -97 -125, A RESOLUTION . authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement for Emergency response Mutual Aid. *10. CONSIDERATION OF 1996 YEAR -END COMPARATIVE STATISTICAL ANALYSIS REPORT AND RESOLUTIONS AUTHORIZING EXECUTION OF CONTRACTS WITH SCOTT WETZEL SERVICES FOR: A. 1997 -1998 THIRD PARTY ADMINISTRATOR AGREEMENT RESOLUTION NO. R -97 -126, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute Workers' Compensation Third Party Administrators Agreement with Scott Wetzel Services, Inc. for workers' compensation services. B. ON -LINE DATA SERVICES AGREEMENT RESOLUTION NO. R -97 -127, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an On -Line Data Services Agreement with Scott Wetzel Services, Inc. 3 456 OCTOBER 7, 1997 *11. SET DATE OF PUBLIC HEARING FOR OCTOBER 21, 1997 FOR MCKINLEY ANNEXATION . October 21, 1997 was set,as a date of public hearing on the McKinley Annexation. *12. APPROVAL OF RIGHT -OF -WAY USE PERMIT FOR THE NOEL CORPORATION AT 901 PITCHER STREET The Right -of -Way Use Permit to construct a new building face on the west side of the building at 901 Pitcher Street, requested by The Noel Corporation, was approved. *13. CONSIDERATION OF RESOLUTION PROVIDING FOR THE DEPARTMENT OF ECOLOGY TO INSTALL GROUNDWATER MONITORING WELLS IN 14 LOCATIONS IN CITY RIGHT -OF -WAY Referring to the fifth WHEREAS in the resolution, Council Member Klingele expressed concern about the $100,000 limitation on the insurance amount. Assistant City Attorney Peterson explained that amount came from existing right -of- way use permits and Rick Roeder explained the fact that the state is self insured and $100,000 is part of its million dollar blanket policy. Although the wells are not monitored daily they are padded throughout and there is an extensive effort to protect them and there is a quarterly review schedule and Ecology will be responsible. Council Member Puccinelli asked if the lids are water tight.. Assistant City Attorney Peterson explained there is a sealed PVC pipe and a canister with 3/4 inch steel plate bonded in place. The safety and long term liability amounts of insurance. Resolution No. R -97 -128 was read by title only and it was MOVED BY KLINGELE, SECONDED BY BARNETT, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Berger and Buchanan absent. RESOLUTION NO. R -97 -128, A RESOLUTION authorizing the installation of groundwater monitoring and, aquifer pumping wells in City of Yakima rights -of -way for the purpose of acquiring additional information for the Yakima Railroad Area remedial investigation required by the Department of Ecology of certain persons and entities, not including the City of Yakima. *14. CONSIDERATION OF ORDINANCE APPROVING REZONE FOR LUKEHART PROPERTY AT I -82 /FAIR AVENUE ORDINANCE NO. 97 -57, AN ORDINANCE concerning land use and zoning, rezoning 1.17 acres northwest of the Fair Avenue and I -82 interchange in Yakima, Washington, from Light Industrial (M -1) to Central Business District Support (CBDS) and amending the zoning map of the Yakima Urban Area accordingly. 4 457 OCTOBER 7, 1997 Alg *15. CONSIDERATION OF ORDINANCE APPROVING REZONE OF PROPERTY ON 1318 SOUTH 7TH STREET, REQUESTED' BY JAMES MOORE ORDINANCE NO. 97 - 58, AN ORDINANCE concerning land use and zoning, rezoning 0.15 acres in the vicinity of 1318 South 7th Street in Yakima, Washington, from Two - Family Residential (R -2) to Central Business District Support (CBDS) and amending the zoning map of the Yakima Urban Area accordingly. *16. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING TEMPORARY LICENSE FOR ADULT ENTERTAINMENT ESTABLISHMENTS Council Member Beauchamp explained he requested this be removed from the Consent Agenda because he wanted to asked whether once the temporary license is issues, how far can the group go with the temporary license. Assistant City Attorney West explained why the temporary licenses needs to be .issued according to the Washington State Constitution. The Temporary license will allow the owner of the establishment to operate under the same rules as the rules for a permanent license, but they can operate from the time they apply until a determination is made as far as the permanent license. The alcohol issues remain in effect and special conduct regulated by the YMC would also be applicable. There was discussion about the fee for this temporary license. Council Member Barnett objected to the penalty being imposed. Ordinance No. 97 -59 being read by title only, it was MOVED BY KLINGELE, SECONDED BY BEAUCHAMP, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Berger and Buchanan absent. ORDINANCE NO. 97 -59, AN ORDINANCE relating to licenses and business regulations; creating a temporary adult entertainment establishment license and creating a new Section 5.30.025 of the City of Yakima Municipal Code. *17. SECOND READING OF ORDINANCE AMENDING THE 1997 BUDGET AND APPROPRIATING FUNDS FOR PARKS AND RECREATION An Ordinance amending the 1997 budget and appropriating funds for various Parks and Recreation projects, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 97 -60, AN ORDINANCE amending the 1997 budget for the City of Yakima; and making an appropriation of $61,000 in the Parks & Recreation Fund for expenditure during 1997 for various Parks and Recreation projects. 5 458, OCTOBER 7, 1997 *18. FIRST READING OF ORDINANCE AMENDING THE 1997 BUDGET AND APPROPRIATING FUNDS FOR SOUTH 9TH AVENUE WATER MAIN CONSTRUCTION (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1997 budget and appropriating funds for the South 9th Avenue Water Main Construction Project, having been read by title only, was laid on the table for two weeks, until October 21, 1997. *19. FIRST READING OF ORDINANCE AMENDING THE 1997 BUDGET AND APPROPRIATING FUNDS FOR CONSTRUCTION OF PROBATION SERVICES CENTER (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1997 budget and appropriating funds for construction of the Probation Services Center, having been read by title only, was laid on the table for two weeks, until October 21, 1997. *20. CONSIDERATION OF ORDINANCE AMENDING CHAPTER 7.64 YMC RELATING TO WATER, WASTEWATER AND REFUSE ORDINANCE NO. 97 -61, AN ORDINANCE of the City of Yakima providing for a tax upon the provision of wastewater and domestic water, and refuse collection and disposal services; amending Chapter 7.64; and providing for related matters. 21. OTHER BUSINESS There were no issues discussed. Information Items: Items of information provided to Council were: Invitation to attend Yakima Valley Resource Development Group October Lunch Box Program on 10/14/97; Weekly Street Operations Report, September 24 - 30, 1997; City of Yakima Planning Division Assignments. Pending as of October 7, 1997; Office of Neighborhood Development Services Monthly Report - August 30, 1997 to September 24, 1997; Corrected Agenda for October 6, 1997 City of Yakima Charter Civil Service and Police & Fire Civil Service Commissions meeting; and YWCA, Viewpoint; Fall Quarter 1997. 22. ADJOURNMENT TO OCTOBER 14, 1997 AT 7:00 P.M., COUNCIL CHAMBERS, FOR SPECIAL MEETING FOR BELMONT AVENUE RESIDENTS APPEAL HEARING, THEN TO OCTOBER 21, 1997 SPECIAL JOINT. MEETING WITH COUNTY COMMISSIONERS AND AIRPORT BOARD AT 7:30 A.M., LOCATION TBA The City Manager announced that the October 21, 1997 joint meeting was canceled at the request of the County. After discussion about the issue, it was discovered that there will not be a quorum for the October 14, 1997 special meeting. The City Council recessed from 3:00 p.m. to 3:05 p.m. Don Skone, Planning Manager, explained the time 6 45 OCTOBER 7, 1997 to provide notice of a change to the residents in the neighborhood affected` by the land use action. After further discussion, it was MOVED BY KLINGELE, SECONDED BY SIMS, TO RESET THE BELMONT APPEAL TO OCTOBER 22, 1997, AT 7:00 P.M. The motion carried by unanimous voice vote; Berger and Buchanan absent. It was MOVED BY KLINGELE, SECONDED BY SIMS, TO ADJOURN THE MEETING AT 3:15 P.M. The motion carried by unanimous voice vote; Buchanan absent. READ AND CERTIFIED ACCURATE BY: :' AUNCIL MEMBER DATE ,L: Z�� --- -- - - - - - - COUNCIL MEMBER DATE ATTEST: ti &lieweP. X 101,,( COUN L DATE CITY CLERK JOHN PU INELLI, MAYOR PRO TEM Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are available in the City Clerk's Office 7