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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