HomeMy WebLinkAbout11/16/1999 Business Meeting 1
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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
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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:
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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.
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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.
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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.
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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
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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
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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
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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.
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*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.
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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.
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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
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