HomeMy WebLinkAbout03/04/1997 Business Meeting 3 0 :1
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CITY OF•YAKIMA, WASHINGTON
MARCH 4, 1997
BUSINESS MEETING
I/ 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, and Bernard Sims present on
roll call. Mayor Lynn Buchanan and Council Member John
Klingele 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 Berger.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS
• Girl Scouts
A proclamation designating March 9 -15, 1997 as Girl Scout
Week was presented to Mary Williamson and several Girl Scouts
who presented Council members with cookies.
Council Member Barnett inquired about the City's leaf -pick up
program and the spring clean -up schedule. Assistant City
Manager Rice stated the Street Department is continuing the
leaf pick -up program which was interrupted last fall by the
snow. He stated the spring clean -up program is done in
conjunction with the Chamber of Commerce Clean -up /Green -up
Program.
4. CONSENT AGENDA
Mayor Pro Tem 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. The City Clerk then read the Consent Agenda items,
including resolutions and ordinances by title. It was MOVED
BY SIMS, SECONDED BY BEAUCHAMP, THAT THE CONSENT AGENDA, AS
READ, BE ADOPTED. The motion carried by unanimous roll call
vote; Buchanan and Klingele absent. (Subsequent paragraphs
preceded by an asterisk ( *) indicate items on the Consent
I/ Agenda handled under one motion without further discussion.)
*5. APPROVAL OF THE MINUTES OF THE NOVEMBER 12, 1996 ADJOURNED
BUDGET REVIEW
The minutes of the November 12, 1996 Adjourned Budget Review
meeting was approved, having been duly certified accurate by
two Council members and no one present wishing to have said
minutes read publicly.
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MARCH 4, 1997
6. AUDIENCE PARTICIPATION.
Norman Barber, 907 North 4th Street, requested Council
investigate a $10 charge imposed upon him by a taxi cab
company for handling his wheelchair. He stated that at no
other time has he been charged a fee for his wheelchair,
which he believes is an extension of himself. Mr. Barber was
advised that the Council will research the legality of the
charge.
7. CONSIDERATION OF LEGISLATION REGARDING WATER COST OF SERVICE
STUDY RECOMMENDATIONS AND BUDGET POLICY ISSUE:
Dueane Calvin, Water and Irrigation Superintendent, and Dave
Brown, Water and Irrigation Engineer, were available to
respond to Council's questions. With the aid of charts and
graphs, Mr. Calvin reviewed the Cost of Service Study and
commented that six options are being presented to Council.
He commented the Cost of Service Study includes costs for the
day -to -day work and for capital improvement projects. The
proposed 1997 capital improvement projects were briefly
described. Council Member Barnett expressed his opinion that
the Wright Avenue Well project should be eliminated from the
1997 projects list until after the results of the well study
have been received. He commented that Option No. 6 excludes
this project as he suggested and saves the citizens money.
Mr. Brown responded that the Wright Avenue Well, in its
curent condition, is unusable. It was thought that if a new
pump and well housing is required, it would make sense to
bring it up to the amount of water allowed in the permit; 20%
more than the current supply. The study costs $60,000; the
pump and well housing would cost $400,000; to refurbish the
well could cost $1.2 million :: Council Member Barnett
referenced a hand -out he prepared regarding the computation
of the 1997 bi- monthly bills which indicates an error was
made in the computations prepared by staff. Mr. Brown stated
the rates on page 13 of the report are correct; however, the
rates used in the comparison were incorrect. Mr. Puccinelli
stated that if the Wright Avenue Well is eliminated, the bond
would be for $2 million instead of $3.2 million. Mr. Calvin
agreed, but stated it would eventually cost more money
because the cumulative interest earned by having that money
available would be lost. He further commented that this list
represents only a small amount of the work needing to be done
in the next five years. Mayor Pro -Tem Puccinelli opened the
discussion for citizen comments. Betty Gaudette, 701 North
6th Street, agreed with Council Member Barnett that some
citizens can't afford even a small increase in their water
bill, particularly when it is combined with increased sewer
and refuse rates. She asked if the Wright Avenue Well is
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retained in the bond and not all the money is needed for
refurbishment, would that money be returned or be used for
another project. Mayor Pro -Tem Puccinelli stated there would
be a bond issued for a smaller amount if Wright Avenue Well
does not need to be drilled. Larry Mathews, 805 South 17th
Avenue, referred to a chart he prepared comparing these rates
to Bellevue. He stated in Bellevue, the more water used, the
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MARCH 4, 1997
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higher the rate; however, in Yakima, the more water used, the
rate per cubic foot is reduced. He stated he would like to
see a flat rate so everyone pays the same rate.
A. RESOLUTION ADOPTING WATER COST OF SERVICE STUDY
After commenting that the'resolution only references the Cost
of Service Study dated January 21, 1997, which is different
than Options 3, 5, and 6, it was MOVED BY BARNETT, SECONDED
BY BERGER, TO AMEND THE RESOLUTION TO READ "AS AMENDED AND
MODIFIED" TO PROPERLY INCORPORATE THE TRANSMITTAL OF THE
OPTIONS. The motion carried by unanimous voice vote;
Beauchamp, Buchanan and Klingele absent. Resolution No. R-
97-33 having been read by title, it was MOVED BY SIMS,
SECONDED BY BERGER, TO ADOPT THE RESOLUTION. The motion
carried by unanimous roll call vote; Buchanan and Klingele
absent.
RESOLUTION NO. R- 97 -33, A RESOLUTION adopting the 1996 Water
Cost of Service and Rate Study for the City of Yakima,
Washington.
B. ORDINANCE AMENDING THE MUNICIPAL CODE ADJUSTING WATER
RATES
Ordinance No. 97 -16, adopting Option 3, having been read by
title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO PASS
THE ORDINANCE. Council Member Barnett commented that Council
received a revised ordinance before the meeting today,
amending Section 7.68.251 on page 14. The ordinance still
mentions the bulk rate for municipal purposes at $0.27 per
100 cf and over 5,000 cf, $0.14; then it is lowered on
8/9/98. He stated it is inconsistent to lower the municipal
rates when the residential rates will be raised. On page 15
of the ordinance, Section 7.68.252(3), says that commencing
4/1/97 the cost per unit would be $0.46 for the irrigation
rate on domestic water, but the 'cost per unit would be $0.69
on 4/1/98. The ordinance is higher than the Cost of Service
Study at $0.65. On page 19, under Section 7.68.282, Fire
Service charges for (b) commencing 4/1/88, the 8" hydrant
increases 17.9 %; all the other hydrant increases 13 %. He
commented he will vote against this motion, not only because
he favors Option 6, but also due to the inconsistencies he
just mentioned. Mr. Calvin stated that on the original
question on page 14, under 7.68.251, the bulk rate for
municipal purpose is for the swimming and wading pools only;
the irrigation water was removed in the revised ordinance.
It was MOVED BY SIMS, SECONDED BY BERGER, TO AMEND THE
I/ ORDINANCE TO STRIKE ALL OF #3 AND STRIKE WORDING UNDER #2, TO
READ 1994 AND THEREAFTER, LET FUTURE COST. DICTATE WHAT THOSE
WOULD BE. THE $0.69 AFTER "A RATE" ON PAGE 15, WOULD BE
$0.65 AND ON PAGE 19, FIRE SERVICE CHARGES FOR 8" HYDRANT
SHOULD BE $22.86 INSIDE AND $45.72 OUTSIDE, AND THE DATE IN
LINE B SHOULD BE 4/1/98. The motion carried by unanimous
voice vote; Buchanan and Klingele absent. The question was
called for the ordinance, as amended. The motion carried by
4 -1 roll call vote; Barnett voting nay; Buchanan and
Klingele absent.
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MARCH 4, 1997
ORDINANCE NO. 97 -16, AN ORDINANCE relating to public
services and utilities; increasing water service charges,
bulk rate charges for municipal purposes, irrigation rate
charges on domestic water, minimum domestic water service
charges, fire service charges; eliminating capital charges;
amending Sections 7.68.015, 7.68.020, 7.68.035, 7.68.043,
7.68.055, 7.68.060, 7.68.070, 7.68.075, 7.68.080, 7.68.085,
7.68.095, 7.68.200, 7.68.205, 7.68.210, 7.68.225, 7.68.230,
7.68.235, 7.68.240, 7.68.245, 7.68.250, 7.68.251, 7.68.252,
7.68.255, 7.68.275, 7.68.282, 7.68.290, 7.68.295, 7.68.300,
7.68.305, 7.68.310, 7.68.315, 7.68.320, 7.68.325, 7.68.330
and 7.72.030; repealing 7.68.256; and adding as new section
Section 7.68.012, all of the City of Yakima Municipal Code.
C. CONSIDERATION OF BUDGET POLICY ISSUE RECOMMENDATIONS
It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO APPROVE THE
1997 BUDGET POLICY ISSUE TO ADD ONE DA II POSITION ($29,000)
AND TWO WATERWORKS SPECIALIST I POSITIONS ($56,500). The
motion carried by unanimous voice vote; Buchanan and
Klingele absent.
*8. CONSIDERATION OF RESOLUTION RATIFYING HEARING EXAMINER
DECISION APPROVING AMENDMENT OF MICHAEL A. TAYLOR FINAL SHORT
PLAT
RESOLUTION NO. R- 97 -34, A RESOLUTION ratifying the Hearing
Examiner's decision approving amendment of the Michael A.
Taylor final short plat, and authorizing the Mayor to sign
the revised final short plat.
*9. CONSIDERATION OF RESOLUTION GRANTING APPEAL BY CLARENCE
MARSHALL OF HEARING EXAMINER'S DECISION REGARDING
ADMINISTRATIVE ADJUSTMENT AT 4904 CASTLEVIEW DRIVE
RESOLUTION NO. R- 97 -35, A RESOLUTION granting Clarence E.
Marshall's appeal of the Hearing Examiner's decision granting
Travis and Sandra Rundell's appeal of the Administrative
Official's denial of Rundell's application for reduction of
the side yard setback requirements of the Yakima. Municipal
Code, and adopting findings and conditions.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH THE GREENWAY FOUNDATION FOR OCCUPATION, USE
AND IMPROVEMENT OF SHERMAN PARK
RESOLUTION NO. R- 97 -36, A RESOLUTION authorizing and
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directing the City Manager and City Clerk to execute an
Agreement with the Yakima Greenway Foundation for the
occupation, use and improvement of Sherman Park.
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*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH THE YAKIMA VALLEY ^`UMPIRES ASSOCIATION FOR 1997
SOFTBAL S
RESOLU NO. R- 97 -37, A RESOLUTION authorizing the
execution of an agreement with the Yakima Valley Umpires
Association.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH RETIRED AND SENIOR VOLUNTEER PROGRAM FOR
VOLUNTEER SUPPORT FOR SENIOR CITIZENS
RESOLUTION NO. R- 97 -38, A RESOLUTION authorizing the City
Manager and the City Clerk of the City of Yakima to execute
an agreement with Providence Health System, Inc., a non-
profit corporation for the purpose of providing, through its
Retired and Senior Volunteer Program, volunteer support to
350 senior citizens within the City of Yakima.,
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH THE YWCA TO PROVIDE DOMESTIC VIOLENCE SERVICES
RESOLUTION NO. R- 97 -38, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute an
Agreement with the YWCA to continue to provide domestic
violence services.
14. THIS ITEM WAS DELETED AFTER PRINTING OF THE COUNCIL PACKET
*15. APPROVAL OF RIGHT -OF -WAY USE PERMIT REQUESTED BY BUTLER /HANEY
PROPERTIES FOR SIGN AT 3703 RIVER ROAD
The Right -of -Way Use , permit to install a sign in front of
Chesterley Park Plaza, 3703 River Road, requested by
Butler /Haney Properties, was approved.
*16. APPROVAL OF FINAL CONTRACT PAYMENT FOR THE WASTEWATER SCADA
SYSTEM PROJECT (STANDARD MOTION V -B -- ACCEPT PROJECT AND APPROVE FINAL
PAYMENT)
The report from the consultant engineer, HDR Engineering,
dated February 14, 1997, with respect to the completion of
the work on the Yakima SCADA System Improvements Project,
performed by TESCO Controls, Inc., was approved, the work
accepted and payment of the final estimates as therein set
forth was authorized.
*17. SET DATE OF PUBLIC HEARING FOR APRIL 1, 1997 FOR RIGHT -OF -WAY
1/ VACATION IN VICINITY OF 8 SOUTH 8TH AVENUE FOR SWAN MANOR
HOUSING ASSOCIATION
April 1, 1997 was set as a date of public meeting to consider
the Hearing Examiner's recommendation for vacation of a
right -of -way in the vicinity of 8 South 8th Avenue, for Swan
Manor Housing Association.
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18. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE
REGULATING PARKING IN PLANTING STRIP AREA
Police Chief Blesio and Jeff West, Assistant City Attorney,
were available to respond to questions concerning the
proposed ordinance. Council Member Beauchamp recommended an
educational period wherein warning tickets would be issued,
prior to enforcement of the ordinance by ticketing the
infraction. Chief Blesio agreed that could be done. Council
Member Sims requested Chief Blesio and Mr. West to comment on
a letter received from Bev Luby Bartz. Mr. West stated that
the issue raised in the letter is that by passing this
ordinance, the City is allowing parking on public property.
Council members debated the merits of the ordinance which was
written to address the safety concerns expressed by several
residents in the northeast area. Current state law prohibits
parking in the planting strip; however, it is difficult for
the officers to enforce because they have to determine the
location of the property line. This ordinance addresses
parking in the planting strip in the northeast area of the
city to prohibit parking in the ten foot area from the curb
or edge of the roadway if there is no sidewalk, which is
easier for the officer'to measure to determine if a parking
violation exists. Maud Scott, 309 Union, stated she cannot
support this ordinance. There is a current ordinance which
can be enforced; this ordinance is restricted to addressing
the parking problem in one area of the city. She suggested a
solution to this problem be incorporated into the
neighborhood planning process. She stated that sidewalks are
also blocked by dumpsters, fences, and mailboxes. Asked if
she would be satisfied if this ordinance were also applicable
to the southeast area, Ms. Scott replied, "Yes." Jerry
Henderson, 309 North 35th Avenue, commented on his belief
that this ordinance should be effective for the whole city.
The Police Department has performed well with ordinances that
give the officers a little bit of discretion in enforcing the
ordinance. Betty Gaudette, 701 North 6th Street, asked
questions about the proposed ordinance, seeking assurance
there would be no loopholes for properties with wide planting
strips. Bev Luby Bartz, 114 North 7th Street, submitted a
letter prior to the Council meeting. She addressed the
Council to express her displeasure about giving up the use of
ten feet of property if this ordinance is passed. She
submitted a letter from the Art Payment and Robert and JoAnn
Nowlin. Their concern is that the City is "picking" on this
area of the city. Council Member Berger stated he will vote
against the ordinance if the neighborhood does not like it.
It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO TABLE THIS
DISCUSSION AND GET A COUNCIL COMMITTEE AND CITIZEN COMMITTEE
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TO TRY TO GET A CONSENSUS AND BRING BACK A RECOMMENDATION.
The motion carried by 4 -1 voice vote; Berger voting nay;
Buchanan and Klingele absent.
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*19. CONSIDERATION OF ORDINANCE PROHIBITING MINORS UNDER AGE 18 TO
BE ON THE PREMISES OF 'ADULT ENTERTAINMENT ESTABLISHMENTS
ORDINANCE NO. 97 -17, AN ORDINANCE relating to licenses and
business regulations prohibiting minors under the age of 18
to be on the premises of an adult entertainment
establishment, providing a penalty therefore, and enacting a
new section, Section 5.30.045 of the City of Yakima Municipal
Code.
*20. CONSIDERATION OF LEGISLATION RELATING TO MUNICIPAL COURT:
A. ORDINANCE PROHIBITING INTERFERENCE WITH REPORTING OF
DOMESTIC VIOLENCE
ORDINANCE NO. 97 -18, AN ORDINANCE relating to public safety
and morals; prohibiting interference with the reporting of
domestic violence, providing a. penalty therefore, and
enacting a new section, Section 6.05.130 to the City of
Yakima Municipal Code.
B. ORDINANCE PROVIDING COMPENSATION FOR JUDGES PRO TEM AND
SETTING CIVIL JURY DEMAND FEES; AND
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS WITH LICENSED ATTORNEYS FOR JUDGE PRO TEM AND
TEMPORARY JUDGE PRO TEM SERVICES FOR THE MUNICIPAL COURT
ORDINANCE NO. 97 -19, AN ORDINANCE relating to City government
administration; providing that compensation for judges pro
tem shall be set by resolution; setting civil jury demand
fees and amending Section 1.60.070 of the City of Yakima
Municipal Code.
RESOLUTION NO. R- 97 -40, A RESOLUTION authorizing and
directing the City Manager to enter into contracts with
licensed attorneys for the provision of judge pro tem and
temporary judge pro tem services for the Municipal Court of
Yakima at the rate of Forty Dollars per hour, with a minimum
of four hours.
C. ORDINANCE ESTABLISHING A DAYTIME DETENTION PROGRAM
ORDINANCE NO. 97 -20, AN ORDINANCE relating to City Government
Administration; authorizing establishment of a Daytime
Detention Program under the direction of the City of Yakima
Probation Services and enacting a new section, Section
1.60.170 of, the City of. Yakima Municipal Code.
*21'. SECOND READING OF ORDINANCE AMENDING THE 1997 BUDGET AND
APPROPRIATING FUNDS FOR DISPATCH POSITIONS
An Ordinance amending the 1997 budget and appropriating funds
for an additional Public Safety Dispatcher position,
previously having been read by title only, was brought before
the Council for a second reading.
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ORDINANCE NO. 97 -21, AN ORDINANCE amending the 1997 budget
for the City of Yakima and making an appropriation of $23,784
in the Public Safety Communications fund for expenditure
during 1997 . to provide for an additional Public Safety
Dispatcher position.
22. OTHER BUSINESS
There was no other business to bring before the Council.
Information Items:
Items of information provided to Council were: Memorandum
from Transit Manager regarding Correction to 4th Quarter Transit
Report Relative to Elderly Dial -a -Ride Ridership. 2/27/97; Letter
from U. S. Bureau of the Census regarding preparation for Census 2000.
Undated; Assignments Pending in Office of Environmental Planning as
of March 4, 1997; Monthly Reports from Human Resources Division for
January 1997; Agenda for the February 27, 1997 Air Terminal Board
meeting and minutes of its December 19, 1996 meeting; Washington Rail
News. February /March 1997; Article from February 24 , 1997 Seattle
Post - Intelligencer, "Yakima Has Swept Away its Illicit Past "; and
Registration form for national videoconference and local workshop,
"Tools for Drinking Water Protection."
23. EXECUTIVE SESSION
A. PENDING AND PROSPECTIVE LITIGATION
B. COLLECTIVE BARGAINING (POLICE LIEUTENANTS)
It was MOVED BY BERGER, SECONDED BY SIMS, TO MOVE INTO
EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING AND
PROSPECTIVE LITIGATION AND COLLECTIVE BARGAINING, WITH
IMMEDIATE ADJOURNMENT THEREAFTER TO MARCH 18, 1997 AT
7:30 A.M. AT ESD #105, FOR A JOINT MEETING WITH YAKIMA COUNTY
AND UNION GAP. The motion carried by unanimous voice vote;
Buchanan and Klingele absent.
24. ADJOURNMENT TO MARCH 18, 1997 AT 7:30 A.M. FOR JOINT MEETING
WITH YAKIMA COUNTY AND UNION GAP AT ESD #105
Following the conclusion of the Executive Session, the
meeting adjourned at 4:55 p.m.
READ AND CERTIFIED ACCURATE BY: . _ air
COON MEMBER DATE
,�.
4 s- (1,98
COUNCIL ME DATE
ATTEST:
CITY CLERK JO N PUCCINELLI, MAYOR PRO TEM
An audio and video tape of this meeting are ailable in the City Clerk's Office
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