HomeMy WebLinkAbout04/20/1999 Business Meeting 451
CITY OF YAKIMA, WASHINGTON -
APRIL 20, 1999
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, Mayor
John Puccinelli, presiding. Council Members Clarence Barnett,
Henry Beauchamp, Lynn Buchanan, John Klingele, Mary Place, and
Bernard Sims present on roll call. City Manager Zais, City
Attorney Paolella, and City Clerk Roberts were also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
An Invocation was given by Mayor Puccinelli, followed by the
Pledge of Allegiance led by Council Member Klingele.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
• YAMATE, HIGH SCHOOL HOSPITALITY WEEK
April 19 -23, 1999 was declared Yamate High School Hospitality
Week, urging all citizens to recognize and welcome students
visiting from Yokohama, Japan. Speakers provided a message
of acceptance through an interpreter.
• YAKIMA GRANGE WEEK
April 18 -24, 1999 was declared Yakima Grange Week, urging all
citizens to value the family and commitment to their
wellbeing. Mike Holewagner accepted the proclamation and
provided some history about the Grange organization.
• EAGLE SCOUTS
May 4, 1999 was declared Eagle Scout Recognition Day, urging
all citizens to practice the principles of good citizenship.
• VOLUNTEERS WEEK
April 18 -24, 1999 was declared as Volunteers Week, honoring
all volunteers who better the community, urging all citizens
to join in this observation.
4. CONSENT AGENDA
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 general consensus of the Council to add Item No. 8 to
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 BUCHANAN, THAT THE CONSENT AGENDA, AS
READ, BE ADOPTED. The motion carried by unanimous roll call
II
452
APRIL 20, 1999
vote. (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 APRIL 6, 1999 ADJOURNED AND BUSINESS
MEETINGS
The minutes of the April 6, 1999 Adjourned and Business meetings
were approved, having been duly certified accurate by two
Council members and no one present wishing to have said minutes
read publicly.
6. PUBLIC MEETING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION TO
REZONE PROPERTY AT 1117 & 1119 LEDWICH AVENUE, REQUESTED BY
SHIELDS BAG AND PRINTING
This being the time set for the public meeting, Joan Davenport,
Supervising Associate Planner, summarized the rezone application
submitted by Shields Bag and Printing. This request is to
rezone two parcels from R -2, Two Family Residential, to M -1,
Light Industrial. Located at 1117 and 1119 Ledwich Avenue, the
subject properties are surrounded by low- density residential and
industrial landuses. Ms. Davenport urged the Council to accept
the Hearing Examiner's recommendation to approve the rezone
subject to conditions. This application is the last to be
processed under the old 1981 Comprehensive Plan, and the change
to industrial landuse will need to be documented on the Future
Land Use Map. To accomplish that, this amendment needs to be
placed on the list to revise the Yakima Urban Area Comprehensive
Plan during the next series of changes.
The recommended mitigation measures include four conditions
attached to the SEPA Determination of Nonsignificance to be
implemented with this rezone. No new driveways are to be built
from these parcels off Ledwich Avenue to preclude industrial
traffic; however, the existing house should be able to be used
for as long as they wish and will not preclude residential
traffic. When the house is demolished, and it is converted to
an industrial use, it is the intent that no industrial driveways
are to be allowed. The two parcels in question will be combined
with the existing plant complex. A fence and site screening is
necessary to protect the integrity of the adjacent residential
property; however, those improvements don't have to be
constructed until the parcel is converted. The next SEPA
condition is to establish a 24 -foot buffer area with no
buildings allowed within that area or stacking of bin storage.
This setback area will be a fire -lane.
2
453
APRIL 20, 1999
• Tim James, Property Affairs Manager for the applicant, noted he
does not have any problem with the conditions recommended by the
Hearing Examiner. He urged the Council to approve the rezone.
Mayor Puccinelli opened the public meeting for public testimony;
there being none, he closed the public meeting.
It was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, TO DIRECT LEGAL
STAFF TO PREPARE THE APPROPRIATE LEGISLATION FOR APPROVAL OF
THIS REZONE. Council Member Sims verified that the SEPA
mitigation measures are included within the Hearing Examiner's
recommendation. The question was called for a vote on the
motion. The motion carried by unanimous voice vote. City
Attorney Paolella noted that a combination of conditions
precedent and a development' agreement would be necessary for
this rezone.
7. AUDIENCE PARTICIPATION
Russell Maier, Family Physician, urged the Council to vote on
whether to fluoridate the City's drinking water because a grant
will expire June 30, 1999. Richard Smith, representing Nob Hill
Water, also wished to comment. Since this item was to be
addressed under OTHER BUSINESS, these speakers decided to speak
at that time.
*8. CONSIDERATION OF RESOLUTION ESTABLISHING A COMMUNITY REVIEW
BOARD FOR CODE ENFORCEMENT AND APPEALS
RESOLUTION NO. R- 99 -51, A RESOLUTION establishing a Community
Review Board according to the provisions of ordinance 99 -15,
passed on April 6, 1999, and general.laws including open public
meetings and public records disclosure requirements.
*9. CONSIDERATION OF MOTION AUTHORIZING BUDGET REVISION TO HIRE A DA
III FOR CODE ENFORCEMENT
A motion was adopted by Consent to authorize a revision to the
1999 budget to hire a DA III for Code Enforcement to establish a
" hotline" for receiving of property maintenance, housing and
zoning complaints and concerns.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING REMOVAL OF TREES TO
RECONSTRUCT A SIDEWALK AT 802 SOUTH 14 AVENUE
RESOLUTION NO. R- 99 -52, A RESOLUTION authorizing Ms. Jo A.
Porter to remove two (2) sycamore trees located in the City
right -of -way along 802 South 14 Avenue, Yakima, Washington.
i y
3
454
APRIL 20, 1999
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE CORPORATION OF CATHOLIC BISHOPS OF YAKIMA FOR TEMPORARY
USE OF THE TAHOMA MAUSOLEUM
RESOLUTION NO. R- 99 -53, A RESOLUTION authorizing and directing
the City Manager and the City Clerk of the City of Yakima to
execute the City of Yakima /Calvary Cemetery: 1999 License to
Utilize Crypts.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH YAKIMA VALLEY COMMUNITY COLLEGE FOR VOLUNTEER SUPPORT FOR
SENIOR CITIZENS PROGRAM
RESOLUTION NO. R- 99 -54, A RESOLUTION authorizing the City
Manager and the City Clerk of the City of Yakima to execute an
agreement with Yakima Valley Community College (YVCC), for the
purpose of providing, through the Retired and Senior Volunteer
Program, volunteer support to senior citizens within the City of
Yakima.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE OFFICE OF AGING AND LONG TERM CARE FOR GERIATRIC FOOT
-CARE AND SOCIAL DAY CARE PROGRAMS
RESOLUTION NO. R- 99 -55, A RESOLUTION authorizing the City
Manager to execute an Agreement between the City of Yakima and
Yakima County, through the Office of Aging and Long Term Care,
for the purpose of obtaining funding for foot care services and
adult day care services for senior citizens.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION AGREEMENT WITH
YAKIMA COUNTY CREDIT SERVICE FOR COLLECTION SERVICES
RESOLUTION NO. R- 99 -56, A RESOLUTION authorizing the City
Manager to execute an agreement with Yakima County Credit
Service, Inc., a Washington corporation, dba YCCS - A National
Collection System, for the purpose of obtaining professional
collection services.
*15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT WITH CONLEY ENGINEERING FOR Y2K
COMPLIANCE AT THE PUBLIC WORKS FACILITY
RESOLUTION NO. R- 99 -57, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to execute an engineering
services agreement with Conley Engineering, Inc., regarding
electrical power requirements and the level of standby power
generation necessary to meet electrical needs of certain
critical systems located at the City of Yakima Public Works
Complex, 2301 Fruitvale Boulevard, Yakima, Washington.
4
455
APRIL 20, 1999
*16. SET DATE OF PUBLIC HEARING /PUBLIC MEETING FOR MAY 4, 1999:
A. PUBLIC HEARING REGARDING MARQUIS - SOUTH 40 AVENUE
ANNEXATION
May 4, 1999 was set as the date of public hearing to consider
the Marquis - South 40 Avenue Annexation.
B. PUBLIC MEETING TO CONSIDER APPEAL OF HEARING EXAMINER'S
DECISION REGARDING A CODE VIOLATION RELATING TO A PARKING
LOT AT 322 W. YAKIMA AVENUE OWNED BY RICHARD DAMEYER
May 4, 1999 was set as the date of public meeting to consider
the appeal of the Hearing. Examiner's denial of an appeal
regarding a Notice of non - compliance for unauthorized use of a
vacant lot as a parking lot.
17. CONSIDERATION OF ORDINANCE IMPLEMENTING A WASTEWATER CONNECTION
FEE INSTALLMENT PAYMENT PLAN (SAFETY NET PLAN)
Bill Cook, Director of Community & Economic Development,
explained this request is a safety net program for existing
residential structures. Council Member Barnett said all
segments of the community have housing needs, and this proposed
ordinance is very restrictive because it does, not provide for
all areas, such as Habitat for Humanity new construction. Paul
McMurray, Assistant City Attorney., noted that section could be
deleted or could be restructure to not restrict the plan to
existing structures. Council Member Sims said the installment
plan should be recorded on the title, deed of trust, or note.
There is a lien that could arise for nonpayment, and it should
show up on the title report whether a lien may exist. Council
Member Klingele verified that there is no lending or giving of
public funds in this proposed payment plan. Bob Young from
Central Washington Homebuilders, expressed his objection to
restricting this to only those who have an existing house. He
urged the Council to' expand this plan to new construction.
Council Member Klingele said this is a first step to see if it
is beneficial for our community. Council Member Barentt pointed
out that this does not apply to new construction.
I/ Ordinance No..99 -17 having been read by title only, it was MOVED
BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. Council
Member Barnett noted that he . would have preferred the other
options, but since this is a first step program, he would see
how it goes. The question was called for a vote on the motion.
The motion carried by unanimous roll call vote.
5
456
APRIL 20, 1999
ORDINANCE NO. 99 -17, AN ORDINANCE relating to wastewater
connection charges; to provide low -and moderate - income
residential property owners the option of paying applicable
wastewater connection charges of $1,000 or more through periodic
payments; amending section 7.58.020 of the Yakima Municipal
Code; adding a new section to Chapter 7.58 of the Yakima
Municipal Code; and providing for related matters.
*18. SECOND READING OF ORDINANCE AMENDING THE 1999 BUDGET AND
APPROPRIATING FUNDS INTO THE EMERGENCY SERVICES FUND
An Ordinance amending the 1999 budget and appropriating funds
for the purchase of trauma equipment, previously having been
read by title only, was brought before the Council for a second
reading.
ORDINANCE NO. 99 -18, AN ORDINANCE amending the 1999 budget for
the City of Yakima; and making an appropriation of $1,200 within
the 150- Emergency Services Fund for expenditure during 1999 to
purchase trauma equipment.
*19. SECOND READING OF ORDINANCE AMENDING THE 1999 BUDGET AND MAKING
APPROPRIATIONS FOR 1998 ENCUMBRANCES
An Ordinance amending the 1999 budget and appropriating funds
for 1998 encumbrances, previously having been read by title
only, was brought before the Council for a second reading.
ORDINANCE NO. 99 -19, AN ORDINANCE amending the 1999 budget for
the City of Yakima; and making appropriations for 1998 Year -end
Encumbrances from Unappropriated Fund Balances within various
Funds for expenditure during 1999.
20. OTHER BUSINESS
Council Member Barnett asked several questions and requested
clarification about the amount of natural fluoride in the wells
of Nob Hill Water Association. Dave Englund, with Nob Hill
Water Association, provided information about the optimum levels
of fluoride in four of their six wells. There was also
discussion about the state standard for fluoridation of drinking
water and the daily monitoring required after fluoridation takes
place. The question arose as to whether the City of Yakima
could require private water purveyors to fluoridate their
systems to serve City customers. Richard Smith, representing
Nob Hill Water Association, reported that they take no side, and
it is up to the City of Yakima or the City's residents to decide
6
457
APRIL 20, 1999
whether to fluoridate their drinking water; however he feels the
decision would only pertain to the City of Yakima's water
system, not Hob Hill's, even though it has an adequate amount of
fluoride in it naturally. City Manager Zais indicated that the
Council, as the operating board, could make that choice.
Members of Council also requested clarification about secondary
treatment in backup wells and the projected operating costs to
fluoridate the City's drinking water. Council Member Place
expressed concern about the unknown risk factors associated with
fluoride, such as fluorosis and reported increased cases of bone
fractures. Dr. Russell Maier, a family physician, and Rhonda
Hop, with Yakima Neighborhood Health Services, spoke in favor of
fluoridation. Freya Burgstaller, 1507 Belmont Avenue,
reiterated her opposition to fluoridating domestic water in the
City of Yakima. There was an extensive discussion among Council
members, staff, and others about presenting the issue to the
voters to decide whether to fluoridate or not. It was MOVED BY
BEAUCHAMP, SECONDED BY KLINGELE, TO DIRECT STAFF TO PREPARE THE
APPROPRIATE DOCUMENTS TO PUT THE ISSUE ON THE BALLOT IN THE YEAR
2000, AS TO WHETHER THE ENTIRE WATER SYSTEM SHOULD BE
FLUORIDATED. There was continued discussion about putting this
issue on the ballot. The question was called for a vote on the
motion. The motion failed by a 2 -4 roll call vote; Barnett and
Buchanan voting aye. It was MOVED BY KLINGELE, SECONDED BY
PUCCINELLI, TO PUT THE ISSUE ON THE BALLOT FOR THE NOVEMBER 2,
1999 ELECTION. The motion carried by 5 -2 roll call vote; Place
and Beauchamp voting nay.
Information Items:
Items of information provided to Council were: Announcement
regarding Ken Crockett's Going Away Party; Informational Item from
Public Works Director and Street and Traffic Operations Manager
regarding Community Debris Pick -Up. 4/13/99; Memorandum from Air
Terminal Board Chairman announcing cancellation of April 22 Board
meeting; Yakima Transit First Quarter 1999 Report; City of Yakima
Planning Division Assignments Pending as of April 20, 1999; and
Spotlight on 2015 newsletter published by Yakima County Planning
Department. April 1999
21. EXECUTIVE SESSION REGARDING PENDING LITIGATION (ALLOW
APPROXIMATELY 30 MINUTES)
It was MOVED BY KLINGELE, SECONDED BY BARNETT, TO MOVE INTO
I/
EXECUTIVE SESSION at 3:40 P.M., TO DISCUSS PENDING LITIGATION
FOR APPROXIMATELY 30 MINUTES, WITH ADJOURNMENT TO MAY 4, 1999 AT
7:30 A.M. AT THE POLICE STATION /LEGAL CENTER, SECOND FLOOR
TRAINING ROOM, FOR A STUDY SESSION. The motion carried by
unanimous voice vote.
458
APRIL 20, 1999
22. ADJOURNMENT TO MAY 4, 1999, AT 7:30 A.M., AT THE POLICE STATION /LEGAL
CENTER, SECOND FLOOR TRAINING ROOM, FOR STUDY SESSION
Following the conclusion of the Executive Session, the meeting a
4:25 p.m.
READ AND CERTIFIED ACCURATE BY: °�}� 6/i /97
COUNC L MEMBE DATE
COUN MEMBER DATE
ATTEST:
CITY CLERK JOHN PUCCINELLI, MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and videotape of this meeting are
available in the City Clerk's Office
•
8