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HomeMy WebLinkAbout10/07/2003 Business Meeting • 1 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. 2 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 • 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. 2 OCTOBER 7, 2003 .3 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) 3 4 OCTOBER 7, 2003 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) 4 ,'S OCTOBER 7, 2003 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. 5 : OCTOBER 7, 2003 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 6 - �L7 • OCTOBER 7, 2003 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: 6 a/u2-1.--d 2 0/7 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. 7