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HomeMy WebLinkAbout11/16/1999 Business Meeting 1 • CITY OF YAKIMA, WASHINGTON NOVEMBER 16, 1999 BUSINESS MEETING 1. ROLL CALL The City Coun 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 (absent after 4:40 p.m.), 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. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) There was no discussion under this agenda item. 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. 12 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 AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF THE NOVEMBER 2, 1999 BUSINESS MEETING The minutes of the November 2, 1999 Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read I/ publicly. 6. SPECIAL AWARD PRESENTATIONS: A. AMERICAN LUNG ASSOCIATION Leslie Benoit, Regional Director of the American Lung Association, advised that tobacco is the #1 health problem in Washington State and the leading cause of preventable death in _ over 450,000 people in the United States. Mrs. Benoit presented Council with a Certificate of Appreciation for the City's 146 NOVEMBER 16, 1999 support of their programs. She also highlighted their plans for this year's National Smoke Out Program with the theme of "Bury the Marl -burro Man ". Sarah Towery, a Selah High School senior described the SOUL program (Saving Ourselves from Unfiltered Lives), a group that is taking a stand against the tobacco industry by building support and increased awareness. She also presented Mayor Puccinelli with a tee - shirt. B. GOLDEN APPLE AWARD (CITY WELLNESS PROGRAM) Marketa Oliver, Administrative Assistant to the City Manager, informed Council that the City of Yakima had been awarded the Golden Apple Award from the Evergreen Everwell Executive Planning Committee. The City received a beautiful trophy and $250 in products from the American Heart Association. Mrs. Oliver explained that this is awarded annually and the competition is not only between municipalities, but with private industry organizations as well. Mrs. Oliver highlighted the various activities and programs sponsored by the City's Wellness Committee this year that warranted the winning of this award. C. WASHINGTON STATE CHAPTER OF THE AMERICAN PUBLIC WORKS ASSOCIATION Bob Desgrosellier, Acting Manager for the Engineering Division, presented a plaque to Council that was received from the American Public Works Association as a thank you for conducting a successful 1999 APWA Fall Conference in October. He reported there were over 300 members, plus more than 100 additional guests and vendors involved. D. HABITAT FOR HUMANITY Buddy Cluck, Executive Director of the Yakima Valley Partners, told Council about the 72 house built in the Yakima Valley which is also the 32 house built in the City of Yakima. This house was built and moved on -site in a 10 day time period. He explained how this was the first partnership of Habitat for Humanity, Housing, Office of Neighborhood Development, Central Washington Homebuilder's Association, Yakima Federal Savings Bank and the Central Washington State Fair. Mayor Puccinelli thanked Mr. Cluck on behalf of the City for the work he is doing. 7. PUBLIC HEARING ON THE PROPOSED 2000 BUDGET Mayor Puccinelli opened the public hearing. Council heard from the following outside agencies regarding their funding requests: 2 • NOVEMBER 16, 1999 1 4 7 Yakima 4 of July Committee ($8,300) John Rothenbueler, Chairman, explained how these funds help offset the cost of the fireworks display which is free to the public. I/ The Salvation Army ($7,500) Pauline Hunter, Programs Coordinator, described the day camp activities at Milroy Park supported by this funding. Yakima County Economic Development /New Vision ($29,870) Mel Wagner, New Vision Chairman, presented Council with a plaque indicating their partnership in working for the good of the people in economic development. Dave McFadden, President, described their activities over the last year and how they are working toward bringing more business into the Yakima area. Yakima County Substance Abuse Coalition ($14,489) Esther Huey, Executive Director, pointed out that reduced juvenile crime, and character building in children are just two of the direct results of their programs. She described how they are able to run about a $400,000 activity and are able to obtain over $200,000 in staff support through Americorp. Greater Yakima Chamber of Commerce ($8,850) Gary Webster, President, offered their assistance in Olympia to help with dealing with unfunded mandates that are coming down from the state. Yakima Valley Visitors and Convention Bureau - Formation of a Sports Commission $(100,000) Dan Arnett, Assistant Manager, expressed his enthusiasm for the development of a sports commission in Yakima as a method of • increasing tourism. Their request is to move a successful part - time sports marketing person to a full time position. He introduced Dale Hefflinger, a sports marketer in our community, who gave a description of what sports marketing is. Skip Semon, as a Board member, also spoke in favor of the formation of this commission. Linda Bautista spoke as a concerned citizen in support of funding for the South East Community Center and the Substance Abuse Program explaining what effect they, and other community supported agencies, had in her life. . 3 1 4 8 NOVEMBER 16, 1999 Sunfair Association ($2,000) Tom Allen, spoke for Don Hollingberry, the outgoing president of the Sunfair Association. He advised that they receive funding from only two agencies, the City of Yakima and the State Fair Association. The required liability insurance for the Sunfair Parade exceeds this funding; therefore, they have asked for an increase in this year's budget. He emphasized how the parade, without a lot of cost, brings people downtown allowing them to spend their money in Yakima. He emphasized this allows for a good return on a small investment. Lynne Kittelson, 305 North 9th Street, had a question about land development increases on page 90 of the Budget Policy Issues. She was advised that policy issue has been dropped. Ms. Kittelson then expressed her concern about budgets being balanced on the backs of those who are vulnerable and have the least political clout. She said she was upset with the potential reduction in the neighborhood resource officers from four to one. She also stressed the importance of the summer park patrol program and urged it not be eliminated. Ms. Kittelson spoke in favor of funding for the Gang Abatement Prevention Coalition, the Domestic Violence Intervention Program and the Street Crime Abatement Team citing them as successful proactive and preventative programs that are successfully cutting down on crime. Ms. Kittelson then spoke in favor of fully funding the library. She spoke against reducing the maintenance capital for Parks and Recreation and against any reduction in funding for the Senior Center. She also spoke in favor of the Alley Cat Program, the Milroy Park Playground Program and the Gang Prevention and Intervention Program. Mary McDaniels, 1903 Sliger Road, agreed with Lynne Kittelson's comments in favor of funding those programs. Gene O'Dell, 1316 S. 15 Avenue, expressed his concerns on the Fire Department's budget. He questioned the capital expenditures suggesting they were luxuries and the money would be better spent for staffing. City Manager Zais explained how capital monies cannot be diverted to operational budgets. There was discussion regarding the current level of support and the need to call for mutual aid. Melody Westmoreland, Director of American Medical Response, spoke against the Fire Department's capital request for a transport capable vehicle suggesting the money be put toward one or two larger sport utility vehicles to accommodate equipment for basic life support. She then spoke against the capital request for a LifePak 12 Heart Monitor suggesting five automated external defibrillators (AED) be purchased and put into police vehicles thereby providing additional access to life saving equipment within the City. 4 NOVEMBER 16, 1999 1 49 There being no one wishing to comment further, Mayor Puccinelli closed the public hearing. 8. P O UBLIC HEARING ON THE CONSOLIDATED PLAN AND REVIEW OF THE OFFICE F NEIGHBORHOOD DEVELOPMENT PROPOSED 2000 BUDGET (SEE.BUDGET PAGES 331 -341 INCLUDED) (SEE RESOLUTION ADOPTING THE 2000 ACTION PLAN) Bill Cook, Director of Community and Economic Development, summarized the activities of 1999. Mr. Cook introduced Bill Cobabe, Neighborhood Development Services Manager, who spoke about plans for the year 2000. Council Member Barnett questioned discrepancies between the budget and the Consolidated Plan pointing out specific areas where the numbers didn't match. Mr. Cook explained that the Plan is more current as the budget was prepared back in July. Council Member Barnett requested revised budget information that would reflect what was in the Plan. Mr. Cook offered to supply that information within a week. Mayor Puccinelli opened the public hearing. There being no one present wishing to comment, the public hearing was closed. Resolution No. R -99 -142 having been read by title only, it was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R -99 -142, A RESOLUTION approving and adopting a One Year Action Plan for 2000 and a Consolidated Plan for years 2000 - 2004 regarding use of Community Development Block Grant funds and HOME funds and authorizing the City Manager to submit said Plans to the United States Department of Housing and Urban . Development. 9. PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING THE WASTEWATER UTILITY CUSTOMER RATES FOR ODOR LITIGATION COSTS (SEE ORDINANCE) Doug Mayo, Manager of the Wastewater Division, explained how the current and anticipated legal expenses related to the odor litigation have caused the need to seek additional funds. He explained how the portion of this increase which will be transferred to the general fund as utility tax, will • be - i earmarked for legal defense costs. Mayor Puccinelli opened the public hearing. Lynne Kittelson, 305 North 9th Street, asked if this litigation was covered under insurance. City Manager Zais advised Ms. Kittelson that although the City is self- insured, they checked for coverage under the City's catastrophic insurance and this situation is not covered. He explained that these expenses are incurred through the utility and are borne by the utility. We have spent over $400,000 in the last two years in researching this 5 1150 NOVEMBER 16, 1999 defense and there will potentially be many more years before this is complete. This fee increase does not cover any rehabilitation nor does it cover any damages. This is only to set aside funds to deal with the litigation costs for defense. It was clarified that it is a 5% increase and on an average monthly consumption it would be approximately $1.09 a month increase. Mrs. Kittelson said that the elderly with limited incomes may be severely impacted by this increase and is concerned that this may be an ongoing and growing bill. She asked if there were steps being taken to stop the odor. Council Member Sims stated the odor situation has been worked on for several years and there is an ongoing project to mitigate the odors. Dean Crawford, 1517 Ledwich Avenue, asked if Wastewater had a reserve account that could cover this. City Manager Zais advised that is what has happened. The reserves have been spent to cover these litigation costs as well as other needs. This rate increase will help rebuild some of the reserve funds that have been depleted as well as cover some of the unknown future expenses. There being no further comment, Mayor Puccinelli closed the public hearing. Ordinance No. 99 -47 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by 6 to 1 vote, Puccinelli voting nay. ORDINANCE NO. 99 -47, AN ORDINANCE relating to wastewater rates, fees, and charges; increasing various wastewater rates, fees, and charges; amending Sections 7.60.020, 7.60.025, 7.60.035, 7.60.040, 7.60.105; and providing for related matters. 10. AUDIENCE PARTICIPATION Linda Bautista, a City resident, took this opportunity to express her belief that Mayor Puccinelli was using his political power to advance his personal agenda by demanding filters be placed on the computers in the library. Ms. Bautista handed out documents supporting her view that this was an illegal activity infringing on her first amendment rights. 11. PRESENTATION OF CONFERENCE OF GOVERNMENTS PRELIMINARY 2000 BUDGET Lon Wyrick with the Yakima Valley Council of Governments, stood in for Edna Mauch, Chairperson, and presented the YVCOG's 2000 budget. He explained that although the original budget shows an increase, the Executive Committee elected to be sympathetic to member jurisdictions, and reduced the assessments of each jurisdiction by the percent that their budgets had been 6 NOVEMBER 16, 1999 1 5 1 impacted. He then distributed and reviewed Edna Mauch's presentation highlighting YVCOG's achievements in 1999. After discussion of the make -up of the per capita assessments, it was the consensus of Council to consider this as a policy issue during budget wrap -up. *12. PRESENTATION OF PRELIMINARY 2000 AIRPORT BUDGET /1999 BUDGET AMENDMENT NO. 1 (SEE RESOLUTION APPROVING AMENDMENT AND ADOPTING 2000 BUDGET) RESOLUTION NO. R -99 -143, A RESOLUTION approving 1999 Yakima Air Terminal- McAllister Field Budget Amendment No. 1 and the 2000 Yakima Air Terminal - McAllister Field Budget. 13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH HDR FOR ANALYSIS OF STORMWATER REQUIREMENTS Chris Waarvick, Public Works Director, explained this request is to authorize HDR Engineering to begin the preliminary review of the stormwater regulations and design criteria and to prepare comments in response to the draft stormwater regulations proposed by the Department of Ecology. Mr. Waarvick described his understanding of Central Washington's exposure to these regulations which were written based on Western Washington's history and environmental climate. Council Member Barnett spoke in support of this resolution advising that the comments on the 500 page document supplied by the Department of Ecology must be made by December 15, 1999 and we must present what we think can be reduced from the requirements of the west side. He said it is to our advantage to tell the DOE how we think those regulations should be changed. Council Member Barnett advised that Mr. William O'Neal is on the Governor's Advisory Committee for updating stormwater management regulations and has expressed interest in what we come up with. Mr. O'Neal will go back to the Governor and the Legislature to help relieve many of the onerous requirements of this regulation. Council Member 'Sims emphasized that based on our current budget and the County's budget, there is no way the City and County can exist under these regulations. It was MOVED BY KLINGELE, SECONDED BY SIMS, TO ADOPT THE RESOLUTION. Mr. Dean Crawford, 1517 Ledwich Avenue, voiced his opposition to the resolution because he felt the $15,000 coming from the Street Department's budget should be used to pave his road. He . also thought staff should be able to do this analysis and review. He suggested that the City go to the Governor to get this delayed or to the Department of Ecology and get an injunction so they couldn't enforce these regulations. The City Manager and members of the Council explained to Mr. Crawford that those options are not available. Mr. Crawford also asked 7 152 NOVEMBER 16, 1999 why Yakima wasn't teaming up with the other counties and towns to share the cost of the consultant or to go to Olympia and present our case. It was explained that this very complicated and highly technical document just arrived and many of the other - counties are not aware of or up to speed on the issue and the short timeframe in which to respond. Mayor Puccinelli explained that there was too much at stake to attempt to obtain a partnership to create a response by the December 15 deadline. City Manager Zais assured, Mr. Crawford that it is the City's intent to coordinate with the other partners and we will be doing that. Mr. Crawford requested and received a copy of the proposed regulations for his review and later comment. The question was called for on the motion. The motion carried by a unanimous roll call vote; Buchanan absent. RESOLUTION NO. R -99 -144, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement with HDR Engineering, Inc., for engineering and consulting services concerning draft stormwater regulations proposed by the Washington State Department of Ecology. • *14. CONSIDERATION OF RESOLUTION APPROVING THE THIRD 'QUARTER 1999 CLAIMS REPORT RESOLUTION NO. R -99 -145, A RESOLUTION accepting and approving the 3 Quarter 1999 Insurance Claims Report. *15. CONSIDERATION OF RESOLUTION_ AUTHORIZING WRITE -OFF OF UNCOLLECTABLE UTILITY ACCOUNTS FOR 1990 AND PRIOR YEARS RESOLUTION NO. R -99 -146, A RESOLUTION authorizing the write -off of certain uncollectable accounts receivable by the utility funds of the City of Yakima. *16. APPROVAL OF RIGHT -OF -WAY USE PERMIT REQUESTED BY YAKIMA HEART CENTER (302 SOUTH 10 AVENUE) TO INSTALL CABLE ACROSS AND ABOVE ALLEY The Right -of -Way Use permit requested by Yakima Heart Center, 302 South 10 Avenue, to install a computer cable over the alleyway to connect with the building at 305 South 11 Avenue, was approved. *17. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CERTAIN CITY EMPLOYEES (YPPA, AFSCME- MUNICIPAL, FIRE LEOFF /PERS /COMMUNICATIONS, AND MANAGEMENT) ORDINANCE NO. 99 -48, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective January 1, 2000; amending Subsections 2.20.110 A, 2.20.110 B, 2.20.110 C, 2.20.110 E, and 2.20.110 F, all of the City of Yakima Municipal Code. 8 NOVEMBER 16, 1999 1 5 3 18. OTHER BUSINESS A. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH PRO SERVICES ENGINEERING CORPORATION FOR EVALUATION OF ROCK RETAINING WALL IN THE VICINITY OF 409 NORTH 40 AVENUE Council members added an item to the agenda, as 18A. Bob Desgrosellier, Acting Manager of the Engineering Division, reported staff hired an engineering consulting firm to evaluate a rock retaining wall at 409 N. 40 Avenue for its structural integrity. The wall had been damaged in July 1998 during a heavy storm and more recently when a water line broke in that vicinity. The conclusions of the consultant were that the wall was damaged to the point that collapse is a possibility. Mr. Desgrosellier requested authority to have the wall rebuilt. He responded to Council's questions relating to available right- ' of -way, the composition of the wall, location of the light standard, and sidewalk width. Council also discussed bidding the project to obtain the lowest cost. City Manager Zais commented that due to the nature of the bidding process, it would take too much time to bid the project to have it completed before winter weather precludes the work being done. Chris Waarvick, Public Works Director, advised Council that staff would obtain quotes from different vendors before awarding the project. He suggested that Council amend the resolution and include an emergency clause in it to award the project without calling for bids. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ACCEPT THE STAFF RECOMMENDATION AND AMEND THE RESOLUTION TO INCLUDE AN EMERGENCY CLAUSE TO AWARD A CONTRACT FOR REPAIR OF THE WALL WITHOUT CALLING FOR BIDS. The motion carried by unanimous voice vote; Buchanan absent. Resolution No. R -99 -147 having been read by title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION AS AMENDED. The motion carried by unanimous roll call vote; Buchanan absent. Council Member Place requested staff bear in mind her objection to obstructions in sidewalks that block wheelchair access. RESOLUTION NO. R -99 -147, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional engineering services agreement with Pro Services Engineering Corporation regarding emergency evaluation and replacement of a rock retaining wall in the vicinity of 409 North 40 Avenue, Yakima, Washington. It was MOVED BY PLACE, SECONDED BY SIMS, TO NOMINATE LINDA S. CANNON TO SERVE AS A REPLACEMENT FOR STEVE EMHOFF ON THE COMMUNITY REVIEW BOARD. The motion carried by unanimous voice vote. 9 154 NOVEMBER 16, 1999 Council Member Barnett recommended that the subject of short turn - around times on documents from the Department of Ecology and other state agencies be brought up at the Legislative dinner. Information Items: Items of information provided to Council were: News Release from U.S. EPA regarding EPA Expands Controls on Polluted Runoff to Further Protect Nation's Drinking Water and Waterways. 11/1/99; Memo from Office of Neighborhood Development Services Manager regarding Down Payment Assistance Program. 10/29/99; Agenda for November 18, 1999 MPO /RTPO TAC meeting and minutes of its October 14, 1999 meeting; City of Yakima Planning Division Assignments Pending as of November 16, 1999; October 27, 1999 newspaper article, "Contract Talks with Firefighters are Complicated "; and Article from November 8, 1999 The News Tribune, "Tacoma Must Cut Budget." 19. ADJOURNMENT It was MOVED BY KLINGELE, SECONDED BY SIMS, TO ADJOURN AT 5:20 P.M., TO NOVEMBER 23, 1999 AT 8:30 A.M. FOR AN ADJOURNED BUSINESS MEETING AND BUDGET REVIEW. The motion carried by unanimous voice vote; Buchanan absent. READ AND CERTIFIED ACCURATE BY: VA1 V ii..A GA &Q 1 CI EM:E 1111 DATE CO i, C MEMBER DATE ATTEST: CITY CLERK JOHN MAYOR Minutes prepared by Pension /Records Clerk Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 10