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HomeMy WebLinkAbout12/21/1999 Business Meeting 207 CITY OF YAKIMA, WASHINGTON DECEMBER 21, 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 Barnett. • 3. SPECIAL PRESENTATION TO COUNCIL MEMBER JOHN KLINGELE Mayor Puccinelli read a letter from Victoria Lincoln, Energy Project Coordinator, from the Association of Washington Cities extending their regrets that Council Member Klingele will no longer be a council member. The letter thanked him for his invaluable participation on the Ad Hoc Utilities Committee and all his other efforts with the AWC. Mayor Puccinelli read a resolution of appreciation from the City Council of Yakima in appreciation for Council Member Klingele's participation on many boards, commissions-and committees. He expressed their sincere appreciation and heartfelt thanks for his exceptional leadership. He also presented Mr. Klingele with a gold watch, the first one with the City's logo. City Manager Zais presented Council Member Klingele with a lacquered piece of the 100 year old original irrigation wood stave main in honor of his outstanding efforts to preserve the irrigation system in the City of Yakima. I/ Council Member Klingele thanked the Council for all the honors given him commenting how his term was both a pleasure and a challenge and how from each of his'travels he comes home more appreciative of the citizens of Yakima. 202 CITY OF YAKIMA, WASHINGTON DECEMBER 17, 1999 ADJOURNED LUNCHEON MEETING WITH COMMUNITY ORGANIZATIONS City Council met in session on this date at noon for a luncheon meeting with various community organizations at Providence Medical Center, Yakima, Washington. Mayor John Puccinelli, Assistant Mayor Mary Place and Council Member Lynn Buchanan were present. Marketa George Oliver, Administrative Assistant to the City Manager was also present. Legislators present were Senator Alex Deccio (14th District) and Representative Jim Clements (14th District). County Commissioner Jim Lewis was present along with Lisa Freund, Community Relations Specialist. Community organizations represented at the meeting were Chamber of Commerce: Gary Webster, Scott Robertson and Jeanne Liddicoat; Visitors & Convention Bureau: Kathy Coffey; Providence Medical Center: Norm Johnson and Dick Picatti, Board Members, and Chris Boor, Marketing; Yakima County Development Association: Dave McFadden; Yakima Valley Community College: Linda Kaminski; Yakima County Community Public Health and Safety Network: Marty Lentsch; Downtown Residents Association: Bev Luby Bartz; Northeast Yakima Neighborhood Association: Lynne Kittelson; Yakima School Board: Eric Bennett; Yakima School District: Jack Irion; and ESD 105: Mary Purvis. The meeting commenced at 12:05 p.m. Chris Borr welcomed everyone to Providence and thanked them for attending. He then introduced Mayor Puccinelli who welcomed everyone and thanked them for coming to the luncheon again this year. He then talked briefly about public health and asked for Commissioner Lewis to address the issue. Mr. Lewis talked about the possibility of State funding to help with the Yakima public health funding crisis. Marketa George Oliver added that in the Governor's budget, released the previous day, there was approximately $353,000 for FY 2000 and $746,000 for FY 2001 in. the Governor's budget proposal. Mayor Puccinelli then went around the room and asked each person to introduce him /herself. He then indicated that City officials had met with State legislators on Monday night and stated that the City Legislative Priority list had been distributed. He asked each agency to discuss its top legislative priority. 1 • 203 • DECEMBER 17, 1999 ADJOURNED LUNCHEON MEETING WITH CONNUNITY ORGANIZATIONS Yakima County Commissioner Lewis started the conversation and said that we need to work on long -term budgeting strategies and criminal justice reforms. Gary Webster from the Chamber of Commerce said that, in the wake of Initiative 695, the Chamber was concerned about unfunded mandates, opposed any future mandates and supported the repeal or elimination of current mandates. He referenced the new ergonomics rules from the Department of Labor & Industries. He then discussed the use of tobacco settlement dollars for health district funding and said the Chamber supports it. He next discussed the need to seriously evaluate and reach solutions about transportation and maintenance and safety issues. Kathy Coffey of the Visitors and Convention Bureau (VCB) said the VCB wanted to ensure that there was no reduction or elimination of tourism dollars. They feared that tourism monies would be reallocated for other programs, in light of the passage of I -695. She further stated the VCB was in favor of legislation which would permit wineries to have a wine tasting room. Currently, wineries are only allowed to have a wine tasting room on the same premises with a full, wine- making operation. If the law were changed, wineries could have wine tasting rooms in Yakima and this would help further promote the wine tourism industry in the area. Ms. Coffey also said the VCB encouraged and supported legislation which would permit tax increment financing. Dick Picatti from Providence discussed health care funding. He discussed the issue that private insurance is dropping out of the picture for many patients. Chris Borr from Providence discussed the severe budget challenges in the wake-of I- 695 health care funding. He said that Providence urged and supported the use of the tobacco settlement dollars for direct care health programs. Dave McFadden of YCDA said that he would like to preserve the gains from the last session for economic development tools and funding for rural counties. He said that $1.8 million was approved for economic development infrastructure and he would not like to see that be usurped for other purposes. He said it is important to keep economic development so that communities can grow their tax base. Growing the tax base is the solution to lean government. He said there is a proposal to break up the Department of, Community Trade and Economic Development. He said he thought it was a good idea, as long as adequate funding is provided to each new agency. 2 204 DECEMBER 17, 1999 ADJOURNED LUNCHEON MEETING WITH COMMUNITY ORGANIZATIONS Marty Lentsch of the Yakima Community Public Health and Safety Network said she is concerned that funds supporting Network activities across the State would be redirected in the wake of I- 695. She provided some positive examples of what the networks had been able to accomplish and indicated that the Network has been able to double or sometimes triple the value of the State dollars they receive, through community matching funds and volunteered services. She then discussed the issue of foster care and discussed the legislative changes that need to be made. She said it is difficult for the State to recruit qualified and dedicated Foster parents because they are not granted liability coverage. She also mentioned that the case load needs to be changed, decreased and possibly based on the private sector model. Jack Irion with the Yakima School District discussed unfunded mandates, in particular the BECCA bill. Assistant Mayor, Mary Place, asked about a lawsuit in which the County had won money from the State of Washington to implement BECCA bill requirements. Commissioner Jim Lewis discussed the impact to the county and said that the BECCA program will end when the funds for it no longer exist, which is likely to be in February or March. Mr. Irion pointed out that the School District, under State law is still required to file truancies under the BECCA provisions. Linda Kaminski, President of Yakima Valley Community College, distributed the college's legislative issues list and began by discussing distance learning. She said that distance learning and on -line registration had been successful, but there was little staff to maintain the technology. The Governor's budget only had $1.5 million instead of the $7.1 million for distance learning, which is well -used by, and important, to the Yakima Valley. She said another critical legislative issue for community colleges is weapons regulation. Under current State statute, community colleges do not have the ability to regulate weapons on campus and this needs to be remedied. Bev Luby Bartz on the Downtown Residents' Association said that she was afraid of the cuts in parks and transportation in the aftermath of I -695. She said it was important to find ways to I/ fund critical programs. Lynne Kittelson of the Northeast Yakima Neighborhood Association expressed concerns that the Washington tax system is regressive. She is also concerned about losing police in the schools, because this is one arena in which students meet police in a non - confrontational atmosphere. 3 205. DECEMBER 17, 1999 ADJOURNED LUNCHEON MEETING WITH COMMUNITY ORGANIZATIONS Mary Purvis of ESD 105 thanked the Mayor on behalf of Jane Gutting (Executive Director of ESD 105) for holding the luncheon. He said ESD 105 is concerned about support for school safety, early literacy skills; and said there should be more flexibility in funding. He also addressed the issue of unfunded mandates. Mayor Puccinelli then "asked the legislators who were present to discuss what'they saw for the upcoming session. Senator Deccio addressed the Governor's budget proposal and said the only increase in it was for education. He said that the tobacco settlement money is not all needed for prevention and should be used for public health. Yakima is the only county in the State with no economic growth. He said the State should make whole as many of the MVET programs as possible, however he was not in favor of using the surplus. He does not see I -695 as an emergency; he sees it as a change in public policy. He said that the Higher Education Center project at YVCC is on track and he will request the money for construction of the project in the 2001 budget. He discussed the Yakima Readiness Center project and said he will request $692,000 to complete the State's share. He mentioned that he talked to Congressman Hastings and indicated that the Federal government needs to appropriate its money to finalize the project. He said it opens up 800 acres of industrial land south of the airport. He said he would work to defend law and justice and public health programs. Representative Clements said that, in light of I -695, the City and County have done what they need to do: reduce their budgets in a manner that is sustainable. He said I -695 was a warning bell and said the State has not done anything with its budget. He said if local governments have to pare down and be fiscally responsible, so should the State. He discussed the recent ergonomic rules, unfunded mandates and the proliferation of rules and regulations. He said that he had the funding for the BECCA bill in last year's budget, but it was not in the Senate's budget. He said fortunately the revenue stream for the State is coming faster than anticipated and with a little belt tightening all around, we can make it (government after I -695) work. I/ Mayor Puccinelli thanked everyone for attending and wished everyone a happy holiday. 4 208 DECEMBER 21, 1999 4. ADMINISTRATION OF OATH OF OFFICE TO CLARENCE BARNETT, LYNN BUCHANAN, LARRY MATTSON AND JOHN PUCCINELLI (EFFECTIVE 1/1/20(m) Mayor Puccinelli explained that the purpose of this early swearing in ceremony is to cover the period from midnight December 31, 1999 to January 4, 2000. In this manner there will be a full Council in the event of any required emergency legislative action necessitated by Y2K circumstances. The Oaths of Office were administered to Clarence Barnett, Lynn Buchanan, Larry Mattson and John Puccinelli to be seated on January 1, 2000. Mayor Puccinelli reminded citizens that his position of mayor also ceases at midnight on December 31 During the interim period from midnight December 31, 1999 to the Council meeting on January 4, 2000, Mayor Pro Tem Place will be acting mayor. 5. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. SPECIAL RECOGNITION OF MARK GRAHAM, PARKS AND RECREATION COMMISSION MEMBER Chris Waarvick, Director of Public Works, read a proclamation recognizing Mark Graham who was retiring from his position on the Parks and Recreation Commission after 14 years of service. Mayor Puccinelli presented Mr. Graham with a Certificate of Appreciation. Cindy Epperson, Accounting Manager, read a resolution received from the Washington Financial Officers Association in recognition of the efforts involved in hosting their 1999 Annual Conference September 21 through September 24 They gave special recognition to Tim Jensen, Accountant, for his efforts as well as all the members of the local conference committee. Tim Jensen accepted the resolution and thanked Council for their support. He also recognized the members of the committee from both the City and County who helped make this conference a success. Council Member Barnett advised that Labor and Industries will be holding a hearing January.15, 2000 at 6:00 p.m. on the proposed regulations on ergonomics. He requested someone in staff review this to determine whether it would be appropriate to have testimony at those hearings. City Manager Zais assured him they would do so. 6. 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 2 DECEMBER 21, 1999 2 0 9 was the consensus of the Council to remove Item No. 12 and add Item No. 16 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.) *7. APPROVAL OF THE MINUTES• OF THE NOVEMBER 23, 1999 ADJOURNED BUSINESS /BUDGET REVIEW MEETING, NOVEMBER 30, 1999 ADJOURNED BUDGET REVIEW MEETING, AND THE DECEMBER 7, 1999 ADJOURNED BUDGET WRAP -UP, BUSINESS, AND ADJOURNED DINNER MEETINGS The minutes of the November 23, 1999 Adjourned Business /Budget Review meeting, November 30, 1999 Adjourned Budget Review meeting and the December 7, 1999 Adjourned Budget Wrap -Up, Business and Adjourned Dinner meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 8. PUBLIC HEARING TO CONSIDER THE HEARING EXAMINER RECOMMENDATION TO VACATE A PORTION OF ROCK AVENUE REQUESTED BY SHIELDS CORPORATION (SEE ORDINANCE APPROVING VACATION) Bruce Benson, Associate Planner, explained the request for the vacation of a portion of Rock Avenue by Shields Corporation and that the Hearing Examiner had issued a written recommendation to approve the request. Upon questioning, Mr. Benson explained there are utility easements present and they are required to be retained. Mayor Puccinelli opened the public hearing and invited testimoney from the audience. There being no one wishing to speak, he closed the public hearing. Ordinance No. 99 -51 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY SIMS,TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 99 -51, AN ORDINANCE vacating the City of Yakima right -of -way constituting Rock Avenue between Arlington Street and West Nob Hill Boulevard. 9. AUDIENCE PARTICIPATION James Stewart, 1415 Jefferson Avenue, brought to the attention of Council the condition of the pot holes on Custer Avenue between Lincoln and Summitview. He also stated his displeasure at receiving invoices with zero balances on. his irrigation billing saying they were a waste of paper and postage. City Manager Zais indicated that this issue would be referred to staff for review. • 3 210 DECEMBER 21, 1999 Tim Carlson, Chairman of the Civil Service Commission, gave a brief synopsis of the Commission's efforts at defining bumping rights for those individuals whose positions are affected by staff reductions. He explained that the actual bumping process would not be completed before the end of the year due to the two - week notice provision. Council Member Place asked if those individuals taking new positions will be on probation. Mr. Carlson explained that if they had held the position previously for more than -six months, it would not be required, but if it was a new position to them, they would be required to go through the six month probation period. Lynne Kittleson, 305 North 9th Street, expressed her disappointment at the elimination of the Alley Cat Program as well as the DARE, MilRoy Park, and Parks and Recreation's Summer programs from the 2000 budget. She described how the Alley Cats had put in over 5,000 hours this year and compared that to the high school students who were given recognition for their one- time effort. Council Member Beauchamp agreed with Mrs. Kittleson and suggested that the Alley Cats be given a similar gesture for their efforts. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LICENSE AGREEMENT WITH VALLEY IMAGING PARTNERS FOR USE OF A SMALL PORTION OF SOUTH 11 AVENUE RESOLUTION NO. R -99 -155, A RESOLUTION authorizing and directing the City Manager to execute a License Agreement with Valley Imaging Partners, L.L.C., a Washington limited liability company, relating to a portion of South 11 Avenue in the City of Yakima. *11. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMENTS WITH: A. MICHAEL GAUDETTE FOR PROFESSIONAL INSPECTION SERVICES RESOLUTION NO. R -99 -156, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement with Michael Gaudette for the purpose of obtaining code inspection services. B. WASHINGTON STATE UNIVERSITY FOR DOWNTOWN STUDY RESOLUTION NO. R -99 -157, A RESOLUTION authorizing the execution of an agreement with Washington State University for the purpose of providing a student research project to generate schematic designs on downtown development issues. 4 DECEMBER 21, ..1999 12. APPROVAL OF RIGHT -OF -WAY USE PERMIT REQUESTED BY WASHINGTON STATE FRUIT COMMISSION TO INSTALL AN OFF - PREMISE DIRECTIONAL SIGN AT THE INTERSECTION OF YAKIMA AVENUE /SOUTH 18TH STREET Council Member Place questioned ownership of the traffic island where this sign would be placed and was informed by Doug. Maples, Code Administration Manager, that it is City -owned property. He said that Washington Fruit has agreed to maintain the traffic island. After discussion about the placement and height of the sign and verifying it would not impair vision, it was MOVED BY SIMS, SECONDED BY KLINGELE, TO APPROVE THE RIGHT - OF - WAY USE PERMIT. The motion carried by unanimous voice vote. *13. APPROVAL OF FINAL CONTRACT PAYMENT FOR PROJECT NO. 1883, NORTH 85 AVENUE SEWER, PERFORMED BY JOHN M. KELTCH (ADOPT STANDARD MOTIONS V - B - ACCEPT PROJECT AND APPROVE THE FINAL PAYMENT) The report from the Acting City Engineer, dated December 12, 1999, with respect to the completion of the work on the North 85 Avenue Sewer Project No. 1883, performed by John M. Keltch, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *14. APPROVAL OF THE REVENUE AND EXPENDITURE (BUDGET) REPORT FOR OCTOBER AND NOVEMBER 1999 The Revenue and Expenditure Report for October and November 1999 was approved. 15. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING PLACEMENT OF REFUSE BINS AND ATTACHMENT OF BIN COVERINGS Public Works Director, Chris Waarvick, informed Council that sections of the Yakima Municipal Code in Chapter 4.16 are being presented for change. After a short discussion it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO APPROVE THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 99 - 52, AN ORDINANCE relating to health and sanitation; concerning containers for and storage of garbage and yard waste for collection by the City of Yakima, and amending Sections 4.16.140 and 4.16.170 of the City of Yakima Municipal Code accordingly. *16. 'CONSIDERATION OF ORDINANCE ADOPTING THE BUDGET FOR 2000 ORDINANCE NO. 99 - 53, AN ORDINANCE adopting a budget for the City of Yakima, Washington, for the year 2000; and making appropriations for estimated expenditures. 5 21.2 DECEMBER 21, 1999 17." OTHER BUSINESS It was MOVED BY BUCHANAN, SECONDED BY PLACE, TO APPOINT MR. LARRY N. MARVIN TO THE YAKIMA VALLEY REGIONAL LIBRARY BOARD TO REPLACE MR. ERNEST FALK WHOSE TERM IS EXPIRING. The motion carried by unanimous voice vote. • Information Items: Items of information provided to Council were: Agenda for the December 22, 1999 Yakima Housing Authority Special Board meeting; • Press Release issued by the Code Administration Division regarding Generator Safety for Y2K; December 1999 Hanford Happenings; Memorandum from Seattle - Northwest Securities Corporation regarding Transit Update and Lawsuit Update concerning I -695. 12/3/99; Memorandum from the Legal Department regarding Damage Claims Filed during the Month of November 1999; City of Yakima Planning Division Assignments Pending as of December 21, 1999; and Agenda for the December 15, 1999 Yakima District Board of Health meeting and minutes of its November 14 and 29, 1999 meetings. 18. EXECUTIVE SESSION REGARDING PENDING LITIGATION: A. CLEAN AIR ACT LITIGATION WITH SURFACE TRANSPORTATION BOARD B. WASTEWATER ODOR LITIGATION /SPRAYFIELD ISSUES It was MOVED BY KLINGELE, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION AT 2:56 P.M. REGARDING PENDING LITIGATION AND PROPERTY ACQUISITION FOR APPROXIMATELY 45 MINUTES, WITH ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. 19. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 4:22 p.m. READ AND CERTIFIED ACCURATE BY: • COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITY CLERK ( JOHN PUCCINELLI, MAYOR • . Minutes prepared by Pension /Records Cler Watkins. An audio and video tape of this meeting are available in the City Clerk's Office • 6