HomeMy WebLinkAbout10/07/2003 Business Meeting •
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CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
OCTOBER 7, 2003 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Paul George, John Puccinelli, and Bernard Sims
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
2. Invocation /Pledge of Allegiance
Council Member Puccinelli gave an invocation, followed by the Pledge of
Allegiance led by Council Member George.
3. Open Discussion for the Good of The Order /Special Presentation
A. Proclamations
• Harvest Marching Band Festival Day
Mayor Place read a proclamation declaring October 18, 2003 as Harvest Marching
Band Festival day. Forrest Fisher was available to accept the proclamation.
• Try Transit Week
Mayor Pro Tem George read a proclamation declaring October 13 -18, 2003 as "Try
Transit Week" and invited all Yakima residents to take advantage of the opportunity
for a free ride on a transit bus. Ken Mehin, Transit Manager, accepted the
proclamation.
B. Special recognition of Joe Ebbeson as Yakima Transit's Operator of the
Year
Ken Mehin, Transit Manager, said that Joe Ebbeson was selected as Transit
Operator of the Year because he is one of the most courteous, prompt, safe
and reliable operators. Council congratulated Joe on this recognition.
C. Status report on prior meeting's citizen service request
Mike Murphy, 4411 Snow Mountain Road, suggested, with regard to the Jude
Doty issue, it is important to advise the citizens in the area what is going on.
Joe Caruso, Supervising Code Inspector, reported that Nob Hill Water said
they would be through by the end of this week, Ken Leingang has one day's
work left on the sewer and that should be completed by Saturday, and
according to the Engineering Department, the lighting needs to be put in yet
and PLSA has staked out the cul de sacs. There has been nothing done on
the houses to this point but the infrastructure is moving forward. He advised
that a letter will be going out to the residents within 500' to let them know the
status of the project at this time. Mr. Murphy commented that the contractors
have concerns about payment due to liens that Mr. Doty has against him.
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OCTOBER 7, 2003
4. Consent Agenda
Mayor Place referred to the items placed on the Consent Agenda, questioning
whether there were any additions or deletions from either Council members or
citizens present. Item No. 8 was removed from the agenda (hazard was abated);
the Congdon Appeal Hearing scheduled for this evening has been continued for 60
days, and Item No. 7 was added to the Consent Agenda. The City Clerk read the
Consent Agenda items, including resolutions and ordinances by title. SIMS
MOVED AND GEORGE SECONDED TO ADOPT THE CONSENT AGENDA AS
READ. 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.)
*A. Approval of the minutes of the September 16, 2003 Adjourned and
Business Meetings and September 23, 2003 Adjourned Meeting
The minutes of the September 16, 2003 Adjourned and Business meetings, and
the September 23, 2003 Adjourned meeting were approved, having been duly
certified accurate by two Council members and no one present wishing to have
said minutes read publicly.
5. Audience Participation
Karl Pasten, 32 North Front Street, owns and operates the Depot Restaurant and
Lounge, a building in the center of the historic district. He expressed serious
concerns about the ability to have a successful business with the parking problems
he is experiencing. The lot next to his building is included in his lease but for many
years it was available, and used, by patrons of other businesses in the area. He's
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frustrated with efforts to keep people other than his customers out. He said he is
losing customers because the lot is full. He spoke about cooperation problems he
has experienced with the railroad in trying to enlist their help. His only alternative
is to tow 20 to 50 cars a night and that isn't good for any of the businesses on
Front Street.
David Picatti and George Pechtel, have been working with the North Front Street
Improvement Association on parking. They presented their ideas about the
parking lot located on the west side of North First Street between Yakima Avenue
and "A" Street. It is their suggestion that the City "buy- down" the County's lease
and set up a management contract with the North Front Street group. They have
also been in discussions with Nancy Rayner about pulling down the fence on the
lot next to it that she owns. It was suggested that City staff create a report on this
issue for the next Council meeting. Mr. Pechtel also distributed brochures for the
Front Street project and suggested that a meeting be arranged with the City
Council for a walk in the area and the opportunity to talk with them about the things
that are going on.
Bobbie Carter, 903 Central Avenue, spoke to Council regarding the South East
Community Center operation. His community wants to become involved in its
management. Mayor Place advised him that there needs to be a meeting between
Parks and the community on this subject. She requested his address and phone
number and assured him they would be invited to attend.
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OCTOBER 7, 2003
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Jim Evans, 4405 Summitview Avenue, came forward to speak about an issue
brought forth at an earlier Council meeting. Council Member George advised him
that this issue is scheduled the agenda for the next Council meeting. Mr. Evans
expressed frustration in not having been told that yet and stated that no one will
talk with him because Mr. Zais has told them not to. He answered a question
Council Member Sims had asked previously about how much business he has
done for the City. He demanded Council Member Sims clarify a statement he
made at the previous Council meeting, however, Council Member Sims chose not
to respond. Mr. Evans threatened lawsuits against both Council Member Sims and
City Manager Zais.
CITY MANAGER'S REPORTS
6. Consideration of request from Central Washington Homebuilders Association for
Council endorsement of Initiative Measure No. 841; Initiative Measure No. 841
concerns the repeal and future limitation of ergonomics regulations. This measure
would repeal existing state ergonomics regulations and would direct the
department of labor and industries not to adopt new ergonomics regulations unless
a uniform federal standard is required. (Citizens wishing to speak for or against the
endorsement of Initiative Measure No. 841 are invited to attend this meeting and
provide comments)
Council Member George expressed his desire that the Council develop a policy on
ballot initiatives. He doesn't believe the Council meetings should be a forum for
the various organizations to lobby for or against the ballot initiatives. He stated
concern that if we go down that road we face the prospect of taking a position on
every initiative or referendum that's on the ballot. Discussion ensued. GEORGE
MOVED AND SIMS SECONDED TO DEFER ACTION ON THIS ITEM AND
FUTURE REQUESTS UNTIL A POLICY ISSUE CAN DECIDED BY THE
INCOMING COUNCIL. Council Member Barnett objected to the idea of delaying
decisions until the new Council is seated. The motion carried by a 3 -2 roll call
vote; Barnett and Puccinelli voting nay.
*7. Consideration of Resolution approving projects for the 2003 allocation of the
Commercial Revitalization Deduction
RESOLUTION NO R- 2003 -127, A RESOLUTION approving projects for the 2003
allocation of the federal Renewal Community Commercial Revitalization Deduction,
and directing the City Manager to submit the list of approved projects to the
Washington State Department of Community, Trade and Economic Development
(CTED) for ratification and commitment.
8. Consideration of Resolution authorizing abatement of clear -view violation at
3316 W. Chestnut (Schroeder)
This item was removed from the agenda; the clear -view violation was abated prior
to the meeting.
*9. Reconsideration of hazardous vegetation and debris in the vicinity of 3904
West Chestnut (continued from September 16, 2003)
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The hazardous vegetation and debris was abated prior to the Council meeting.
*10. Consideration of Resolution declaring mower surplus and authorizing its
sale to Highland School District
RESOLUTION NO. R- 2003 -128, A RESOLUTION declaring the 72 -inch Toro
lawnmower surplus and authorizing the sale of the 1997 Toro mower to the
Highland School District.
*11. Consideration of Resolution approving Third Quarter 2003 Claim Report
RESOLUTION NO. R- 2003 -129, A RESOLUTION accepting and approving the 3
Quarter 2003 Claim Report for the City of Yakima.
*12. Approval of 2002 - 2003 Engineering Capital Improvement Projects Report
The 2002 -2003 Engineering Capital Improvement Projects Report was approved.
*13. Approval of final contract payments (Standard Motion V -B — accept project
and approve final payment) for:
A. South First Street Sewer Main Repair
The report from the City Engineer, dated October 7, 2003, with respect to the
completion of the work on the South First Street Sewer Main Repair Project No.
1961, performed by Insituform Technologies, was approved, the work accepted
and payment of the final estimates as therein set forth was authorized.
B. Jerome Avenue Irrigation Project — Phase II
The report from the City Engineer, dated October 7, 2003, with respect to the
completion of the work on the Jerome Avenue Irrigation Project, Phase 11, (Project
No. 1950, performed by Goodman & Mehlenbacher Enterprises, Inc., was
approved, the work accepted and payment of the final estimates as therein set
forth was authorized.
C. Visitors Information Center
The report from the City Engineer, dated September 24, 2003, with respect to the
completion of the work on the Visitors Information Center project, performed by
MSI Construction, Inc., was approved, the work accepted and payment of the final
estimates as therein set forth was authorized.
ORDINANCES
14. Consideration of Ordinance amending the classification and compensation
plan for certain employees including Parks and Recreation reorganization
(continued from September 16, 2003)
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Chris Waarvick, Director of Public Works, advised that this proposal was a policy
issue in the budget and was approved by the Council last year. Council Member
Barnett had some questions that were resolved when he was told the last time the
positions were reviewed was in the late 1970's. Council Member Puccinelli
expressed concern about funding the changes in the years 2005 and 2006.
Council Member Sims pointed out that is something that is faced every year with
different obstacles and that is the reason why we have a contingency budget. The
City Clerk read the ordinance by title only; SIMS MOVED AND GEORGE
SECONDED TO ACCEPT THE CIVIL SERVICE RECOMMENDATION AND
PASS THE ORDINANCE. The motion carried by a 4 -1 roll call vote; Puccinelli •
voting nay.
ORDINANCE NO. 2003 -62, AN ORDINANCE relating to City personnel; adopting
a classification and compensation plan for City employees to be effective
December 1, 2003; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.100 D,
2.20.110 A, 2.20.110 B, 2.20.110 C, and 2.20.110 F, all of the City of Yakima
Municipal Code.
15. Consideration of legislation implementing Wastewater Treatment Plant Odor
Litigation Settlement and financing future Wastewater capital projects:
City Manager Zais explained that this item covers the legislation implementing the
negotiated settlement in the Wastewater odor case. It also includes a plan for
financing the settlement and future mandated capital expenditures that were
deferred during the litigation process. He gave an overview of the settlement (see
press release dated September 16, 2003, attached). This now gives finality to the
City with regard to these claims. A hearing is set in front of Superior Court Judge
Susan Hahn, who has to approve the settlement, on Friday, October 10
A. Resolution authorizing execution of settlement agreement
The City Clerk read the resolution by title only SIMS MOVED AND GEORGE
SECONDED TO APPROVE THE AGREEMENT. The motion carried by
unanimous roll call vote.
RESOLUTION NO. R- 2003 -130, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to execute a Settlement Agreement
for the wastewater odor litigation.
B. Ordinance amending the Wastewater utility rates to finance the odor
litigation settlement and adjusting utility rates to provide for the
financing of mandated capital improvements to the Wastewater
Treatment Plant
City Manager Zais explained the details of the financing of the settlement and
the amended utility rates to support it. A key point was that there is a sunset
provision on the portion of the rate increase applicable to the settlement.
That portion will end at the time the 20 -year bond is paid off. The City Clerk
read the ordinance by title only, SIMS MOVED AND GEORGE SECONDED
TO PASS THE ORDINANCE. The motion carried by unanimous roll call
vote.
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ORDINANCE NO. 2003 -63, AN ORDINANCE relating to wastewater rates,
fees, and charges; adjusting various wastewater rates, fees, and charges;
amending Sections 7.60.020, 7.60.025, 7.60.035, and 7.60.105 and adding
section 7.60.115 of the City of Yakima Municipal Code; and providing for
related matters.
C. Ordinance approving sale of bonds
Tim Jensen, Treasury Services Officer, explained this as a straight forward,
generic, 20 -year revenue bond ordinance. They expect to go to the market
in early December, delayed due to the Thanksgiving holidays. The plaintiffs
should still receive their money by the end of December. The City Clerk read
the ordinance by title only; SIMS MOVED AND GEORGE SECONDED TO
PASS THE ORDINANCE. The motion carried by unanimous roll call vote.
ORDINANCE NO. 2003 -64, AN ORDINANCE of the City of Yakima,
Washington, authorizing the issuance and sale of water and sewer revenue
bonds of the City in the principal amount of not to exceed $17,700,000 in one
or more series to finance the settlement costs of the odor litigation and
certain capital improvements to the City's water and sewer system; and fixing
the terms and covenants of such bonds.
D. First reading of ordinance amending the 2003 budget and appropriating
funds for odor litigation settlement and mandated Wastewater
Treatment Plant improvements (Read ordinance by title only; pass
ordinance after second reading on October 21, 2003)
An Ordinance amending the 2003 budget and appropriating funds to provide
for settlement costs of the odor litigation and certain wastewater system
capital improvements, was read by title only, and laid on the table until
October 21, 2003 for a second reading.
City Manager Zais thanked everyone for the work done on this issue, particularly in
the negotiation phase over the last year
*16. First reading of ordinance amending the 2003 budget and appropriating
funds for Refuse for employee retirement cash -out and temporary staffing
(Read ordinance by title only; pass ordinance after second reading on October 21,
2003)
An Ordinance amending the 2003 budget and appropriating funds to provide for
retirement cash -out and temporary staffing expenses, was read by title only, and
laid on the table until March 6, 2003 for a second reading.
17. Other Business
Mayor Place said she had received a request from the Police Citizens Advisory
Committee to be given permission to make a public statement in support of the
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Police Chief in light of the litigation he is involved in. PUCCINELLI MOVED AND
SIMS SECONDED TO GRANT THE REQUESTED PERMISSION. Chief Granato
thanked Council for the support he has received and said he would be happy to
answer questions from the public at any time about what is going on. City
• Manager Zais announced that Chief Granato is back on duty full time today. The
motion carried by unanimous voice vote.
• Information Items
Items of information provided to Council were: Public Service Announcement
regarding October 4, 2003 Spaghetti Feed to benefit the Juvenile Fire Stoppers Program;
Agenda for October 8, 2003 Yakima Regional Clean Air Authority Board meeting; Planning
Assignments Pending as of the Week of October 7, 2003; and September 2003 AWC Fact
Sheets re: City Finances — Tight Times Getting Tougher; Annexation Reform: Cities need
reliable annexation tools in order to plan for and accommodate growth; The Future of
Municipal Court; Land Use /Growth Management Issues; and Tort Reform; and Keeping Our
Cities Transportation System Working.
18. Executive Session regarding pending and prospective litigation and
collective bargaining
GEORGE MOVED AND PUCCINELLI SECONDED TO MOVE INTO EXECUTIVE
SESSION ON PROSPECTIVE LITIGATION FOR APPROXIMATELY 40
MINUTES. WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion
carried by unanimous voice vote.
19. Adjournment
Following the Executive Session, the meeting adjourned at 4:55 p.m.
READ AND CERTIFIED ACCURATE BY
C NCIL MEMBER DATE
COU CIL MEMBE tolot
ATTEST:
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CITY CLERK MARY PLACE, MAYOR
Minutes prepared by Karen Roberts and Linda Watkins. A recording of this meeting is available in the City
Clerk's Office.
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