HomeMy WebLinkAbout04/06/1999 Business Meeting 435
CITY OF YAKIMA, WASHINGTON
APRIL 6, 1999
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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 (present after 2:15 p.m.), Lynn Buchanan, John
Klingele, and Mary Place present on roll call. Council Member
Bernard Sims absent and excused. City Manager Zais, City
Attorney Paolella, and City Clerk Roberts were also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
Mayor Puccinelli gave an Invocation, then led the Pledge of
Allegiance.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
• BICYCLE SAFETY MONTH
Mayor Puccinelli proclaimed April 1999 as Bicycle Safety
Month, urging all citizens to take a protective stand
concerning bicycle safety.
• IOO ANNIVERSARY OF THE VETERANS OF FOREIGN WARS
Council Member Barnett read a proclamation recognizing the
100 Anniversary of the Veterans of Foreign Wars (VFW).
Council Member Place recognized two Boy Scouts in the
audience, attending the meeting as part of their citizenship
class.
4. CONSENT AGENDA
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Mayor Puccinelli referred to the items placed on the Consent
I/ 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 remove Items Nos. 24
and 27 and to add Item No. 8 to the Consent Agenda. The City
Clerk then read the Consent Agenda items, including resolutions
and ordinances by title. It was MOVED BY BUCHANAN, SECONDED BY
KLINGELE, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The
motion carried by unanimous roll call. vote; Sims absent.
(Subsequent paragraphs preceded by an asterisk ( *) indicate items on
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the Consent Agenda handled under one motion without further
discussion.)
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*5. APPROVAL OF MINUTES OF THE MARCH 16, 1999 ADJOURNED AND BUSINESS
MEETINGS AND FEBRUARY 16, 1999 AMENDED ADJOURNED MEETING
The minutes of the March 16, 1999 Adjourned and Business
meetings, and the amended minutes of the February 16, 1999
Adjourned meeting were approved, having been duly certified
accurate by two Council members and no one present wishing to
have said minutes read publicly.
6. PUBLIC HEARING TO CONSIDER 108 LOAN APPLICATION FOR THE GREAT
WESTERN BUILDING REDEVELOPMENT PROJECT
This hearing was canceled due to withdrawal of the application.
7. AUDIENCE PARTICIPATION
J. B. Meyer, Deloris Boaz, 102 Gilbert Drive; Dorothy Rose, 616
South 17 Avenue; spoke in opposition to the proposal to
fluoridate the City's domestic water. Information was submitted
to support their position.
*8. APPROVAL OF FEBRUARY 1999 REVENUE AND EXPENDITURE (BUDGET)
REPORT
The Council approved the Revenue and Expenditure report for
February 1999.
*9. CONSIDERATION OF RESOLUTION APPROVING PURCHASE OF PERSONAL ALERT
SAFETY SYSTEM (PASS) DEVICES WITHOUT CALLING FOR BID
RESOLUTION NO. R- 99 -35, A RESOLUTION authorizing the Yakima Fire
Department to purchase Personal Alert Safety System (PASS)
devices with funds approved in the 1999 Fire Department Capital
Budget.
*10. CONSIDERATION OF RESOLUTION SUPPORTING FEASIBILITY STUDY FOR
RAIL PASSENGER SERVICE FOR EASTERN WASHINGTON
RESOLUTION NO. R- 99 -36, A RESOLUTION supporting feasibility
study for rail passenger services for Eastern Washington.
*11. CONSIDERATION OF RESOLUTION MODIFYING TRANSIT FARES TO ALLOW A
FREE DAY PASS TO GROUPS INVOLVED IN COMMUNITY SERVICE PROJECTS
RESOLUTION NO. R- 99 -37, A RESOLUTION modifying the Transit
System fare structure to allow provision of a Day Pass at no
charge to individuals participating in community service
activities.
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*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
MODIFICATION TO PROFESSIONAL SERVICES CONTRACT WITH HUIBREGTSE
LOUMAN ASSOCIATES FOR LAKE ASPEN BUS TURNAROUND PROJECT
RESOLUTION NO. R- 99 -38, A RESOLUTION authorizing the City
Manager to execute a document modifying the professional
services agreement with Huibregtse, Louman Associates, Inc. to
provide for additional landscape architectural services for a
bus turnaround project. at Lake Aspen Office Park.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES CONTRACT WITH DAVIS, OPFER AND RAAB FOR
FIRE STATION NO. 1 REMODEL
RESOLUTION NO. R- 99 -39, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to execute an
architectural services agreement with Davis Opfer Raab
Architecture, P.L.L.C., to develop specifications for and
oversee construction activities regarding certain improvements
to the sleeping quarters of Fire Station No. 1, 401 North Front
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Street, Yakima, Washington.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT
TO THE CONTRACT WITH ELECTRIC LIGHTWAVE, INC.
RESOLUTION NO. R- 99 -40, A RESOLUTION authorizing the Mayor to
execute a Temporary License Agreement with Electric Lightwave,
Inc., a -Delaware corporation, which authorizes Electric
Lightwave, Inc. to occupy City of Yakima rights -of -way in order
to construct, operate and maintain a telecommunications network
in the City of Yakima, Washington.
*15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE SOFTBALL ASSOCIATION
RESOLUTION NO. R- 99 -41, A RESOLUTION authorizing the City
Manager of the City of Yakima to execute an agreement between
the City of Yakima and the Yakima Softball Association to
provide a fastpitch softball program for the community.
I/ *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH YAKIMA COUNTY FOR SENIOR CENTER SITE USE
RESOLUTION NO. R- 99 -42, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to execute a " Yakima
Senior Citizen Center Site Use Agreement" with Yakima County to
provide food and nutrition services at the Yakima Senior Citizen
Center.
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*17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE YAKIMA VALLEY UMPIRE ASSOCIATION
RESOLUTION NO. R- 99 -43, A RESOLUTION authorizing and directing
the City Manager to execute a professional services agreement
with the Yakima Valley Umpires Association for the purpose of
obtaining officiating services for the organized softball
program of the City of Yakima.
*18. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF JAIL
DETENTION AGREEMENT WITH THE DEPARTMENT OF CORRECTIONS
RESOLUTION NO. R- 99 -44, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to execute an Interlocal
Corrections /Detention Agreement with Yakima County for the
provision of jail detention services during 1999.
*19. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE DEPARTMENT OF ARMY FOR UTILIZATION OF THE FIRING CENTER
FOR WEAPONS TRAINING
RESOLUTION NO. R- 99 -45, A RESOLUTION authorizing and directing
the City Manager of the City of Yakima to execute a license
agreement with the Department of the Army to utilize a firing
range at the Yakima Training Center.
*20. CONSIDERATION OF RESOLUTION RATIFYING EXECUTION OF FAA GRANT
APPLICATION FOR YAKIMA AIR TERMINAL BUILDING REHABILITATION
PROJECT
RESOLUTION R- 99 -46, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND
YAKIMA COUNTY ratifying an Application for Federal Assistance
and Standard DOT Title VI Assurances, and authorizing the
execution and acceptance of a Gran€ Agreement for Federal
Assistance and Certificate of Sponsor's Attorney between the
Federal Aviation Administration and the City of Yakima and
Yakima County.
*21. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL
AGREEMENT WITH THE CITY OF LYNNWOOD
RESOLUTION NO. R- 99 -47, A RESOLUTION authorizing the execution
of an Intergovernmental Cooperative Purchasing Agreement with
City of Lynnwood.
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*22. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMENTS
FOR HEARING EXAMINER SERVICES WITH:
A. PHIL LAMB FOR HEARING EXAMINER SERVICES
RESOLUTION NO. R- 99 -48, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute a
Professional Services Contract between the City of Yakima and
Phillip A. Lamb as the City of Yakima Hearing Examiner.
B. PATRICK SPURGIN FOR HEARING EXAMINER PRO TEM SERVICES
RESOLUTION NO. R- 99 -49, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute a
Professional Services Contract between the City of Yakima and
Patrick D. Spurgin as the City of Yakima Hearing Examiner Pro
Tem.
*23. SET DATE OF PUBLIC MEETING FOR APRIL 20, 1999 TO CONSIDER
HEARING EXAMINER RECOMMENDATION ON REZONE OF PROPERTY AT 1117 &
1119 LEDWICH AVENUE, REQUESTED BY SHIELDS BAG AND PRINTING
April 20, 1999 was set as the date of public meeting to consider
the Hearing Examiner's recommendation regarding an application
to rezone property at 1117 and 1119 Ledwich, as requested by
Shields Bag and Printing.
24. SET DATE OF PUBLIC HEARING FOR MAY 4, 1999 TO CONSIDER PROPOSAL
TO ELIMINATE FREE FIXED ROUTE SERVICE FOR DIAL -A -RIDE CUSTOMERS
It was MOVED BY PLACE, SECONDED BY BUCHANAN, TO TABLE THIS ITEM
UNTIL WE HAVE COMPLETED OUR RECERTIFICATION OF THE DIAL -A -RIDE
ELIGIBILITY PROCESS. The motion carried by unanimous voice
vote; Sims absent.
25. CONSIDERATION OF ORDINANCE AMENDING THE CODE ENFORCEMENT
PROCEDURES
Larry Peterson, Assistant City Attorney, briefly summarized the
most recent revisions to the Alternate Draft Ordinance. The
revision clarifies the definition of " quorum" , as well as
other concepts discussed during the study session on March 2,
1999.
Jerry Henderson and Lynne Kittelson, members of the Code
Enforcement Committee, urged the Council to pass the ordinance.
They both agreed that future changes to the ordinance are
inevitable. Mr. Henderson indicated his preference to have four
members present to make a quorum on a seven- member board. He
also disagreed with the 30 -day time frame allowed for each level
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of appeal; he feels the total appeal process should only take 60
days.
After continued discussion about the suggested revisions, the
Alternate Draft Ordinance was read by title only. It was MOVED
BY KLINGELE, SECONDED BY PLACE, TO PASS THE ORDINANCE. It was
MOVED BY PLACE, SECONDED BY BUCHANAN, TO AMEND THE ORDINANCE TO
INCLUDE ANOTHER REVIEW IN ABOUT A YEAR FROM NOW TO DETERMINE ANY
NECESSARY CHANGES THAT WOULD ACHIEVE THE INTENT OF THE
ORDINANCE. The motion carried by unanimous voice vote;
Beauchamp temporarily absent; Sims absent. It was MOVED BY
BARNETT, SECONDED BY BUCHANAN, TO AMEND THE ORDINANCE TO DELETE
THE SENTENCE BEGINNING ON LINE 340, "A QUORUM SHALL CONSIST OF
AT LEAST THREE MEMBERS ..." AND TO ADD "FOUR MEMBERS OF THE
BOARD SHALL CONSTITUTE A QUORUM, OR A MAJORITY OF THE MEMBERS
PRESENT...." Council Member Klingele pointed out that after two
vacancies, the majority of the members are different; after four
vacancies you cannot hold a meeting. City Manager Zais noted
that the definition is exactly the same as in the City Council
Rules. The question was called for a vote on the motion. The
motion carried by unanimous voice vote; Sims absent. It was WAS
MOVED BY BEAUCHAMP, SECONDED BY PLACE, TO AMEND THE ORDINANCE ON
LINE 233, SECTION 11.10.310, TO ADVISE PROPERTY OWNERS OF
RESOURCES AVAILABLE WITHIN THE CITY OR COMMUNITY THAT MAY BE
AVAILABLE TO CORRECT CODE VIOLATION CONDITIONS. The motion
carried by unanimous voice vote; Sims absent. The question was
called for a vote on the'motion as amended. The motion carried
by unanimous roll call vote; Sims absent. Mayor Puccinelli and
Council Member Place thanked the committee for all their work
revising the code enforcement process. Council Member Barnett
commended the Legal Department for taking the conceptual work of
the committee and putting it into a form that is workable.
ORDINANCE NO. 99 -15, AN ORDINANCE relating to residential and
other property maintenance, and providing for a new chapter 10
to be added to Title 11 of the Yakima Municipal Code to
implement the process and acquire the powers authorized by
Chapter 35.80 RCW to address conditions which render dwellings,
buildings, structures and other premises unfit for human
habitation and other uses.
26. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN FOR 911 CALL - TAKERS RECLASSIFICATIONS
Carol Bates, Chief Examiner, provided background information
about the 911 Calltakers' reclassification study. To briefly
summarize, the 911 Calltakers submitted the application; the
Chief Examiner declined it; then the Calltakers appealed her
decision to the Civil Service Commission; and the Commission
recommended that the entry level position, Calltaker I, would
remain at the original pay allocation; however, a journeyman
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level class specification, Calltaker II, would be added at a pay
range of 10.0. There would be no probationary period when
promoted to the Calltaker II position.
Council members raised some questions and requested
clarification about several issues, including whether or not
there is a substantial change in the duties of the job. They
were also interested in whether a change in duties is the same
as an increase in the volume of work. Ms. Bates noted that the
Calltakers did not have that drastic of a change that is
essential for a reclassification. Paul McMurray, Assistant City
Attorney, spoke on behalf of management; he noted that a reclass
is only justified when there has been a significant change in
job duties., In this case, it is the feelings of management that
there has not been any change in duties; the class specification
includes the exact job description that was originally
negotiated in 1996; that this position is properly classified;
and this matter is a pay issue. Mr. McMurray pointed out that a
pay issue by itself, such as the level of compensation in
question, is beyond the reclassification standard. It is a
matter for collective bargaining and is not within the
jurisdiction of the Civil Service Commission. Police Chief
Belsio, Fire Chief Gillespie, and Wayne Wantland, Public Safety
Communications Division Manager, provided their perspectives
about the reclass process and pointed out that the difference is
experience and incentive to handle the type of calls, not a
change in the duties.
Bev Warren, Civil Service Commissioner, explained the reasoning
behind the Commission's recommendation to revise the 911
Calltaker position. Basically, the class specification should
include two levels, Calltaker I and Calltaker II, instead of
being outlined in a combined summary. Ms. Warren also answered
several questions from the Council and staff about the duties of
the position, including certification requirements for the
proposed Calltaker II eligibility. The Council then discussed
the expectations of the position, which are different now at the
present facility, than when the 911 Operation was at Fire
Station No. 1. There was also a considerable amount of
discussion concerning the lateral transfer and transition
process that took place changing Calltakers employed by Yakima
County to City of Yakima employees.
Tom Barrington, AFSCME District Representative, and Jeff
Sampson, AFSCME President, outlined the Union's perspective of
the situation involving the reclassification as it relates to
the timing of negotiations in the collective bargaining process
during the fall of 1998. They feel the job description is
unrealistic and the County employees had limited choices in the
matter. Robert Calhoon, Ernest George, and Carl Milett, 911
Calltakers, disagreed that there is job progression within the
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911 Calltaker position. They noted specific differences within
the class specification and described specific situations where
the Calltaker utilizes advanced independent observation skills
to determine the nature of the emergency call. Those skills •
develop with on- the -job experience. They also noted a large
turnover in 911 Calltakers, citing stress on the job as the
basis. They spoke in favor of the reclassification and urged
the Council to accept the Civil Service Commission's
recommendation to revise the 911 Calltaker position. They
requested that a citizen's action committee be appointed to
review the reclassification study and make a recommendation.
They would like to see a defined career progression with
promotional opportunities providing similar pay for jobs with
similar •difficulty. There was discussion among Council and
staff concerning the promotional opportunities available through
the open competitive examination process. The 911 Calltaker
position is a promotional position.
City Manager Zais recognized the good job that the Calltakers
perform on a daily basis to serve the public. He wants to
ensure that the employees are treated fairly and properly, but
indicated that this reclassification request does not meet the
threshold for a reclassification. He also noted that this issue
could be converted to the negotiations process depending on the
particular options within the current collective bargaining
agreement. It was MOVED BY KLINGELE TO PASS THE ORDINANCE TO
ACCEPT THE CIVIL SERVICE RECOMMENDATION. The motion died for a
lack of a second and no further action was taken.
27. CONSIDERATION OF ORDINANCE PROHIBITING THE SALE OR POSSESSION OF
CONCEALED KNIVES
Police Chief Blesio urged the Council to adopt the ordinance
which would incorporate situations of concealment and make it a
violation to possess concealed knives. There was discussion
about the different examples of weapons and how they are
camouflaged as other items. This ordinance prohibits the sale
of these items prior to the ordinance taking effect, and those
who sell this merchandise will be notified. Ordinance No. 99 -16
having been read by title only, it was MOVED BY BEAUCHAMP,
SECONDED BY KLINGELE, TO PASS THE ORDINANCE. The motion carried
by unanimous voice vote; Sims absent. Council Member Buchanan
asked if the Scottish sgian dubh, which is carried in a
stocking, would be against the law.
ORDINANCE NO. 99 -16, AN ORDINANCE relating to public safety and
morals; prohibiting the sale of concealed knives, and amending
section 6.44.040 of the City of Yakima Municipal Code.
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*28. CONSIDERATION OF LEGISLATION RELATING TO PRE - HOSPITAL
PARTICIPATION GRANT:
A. RESOLUTION ACCEPTING GRANT FROM THE STATE DEPARTMENT OF
HEALTH FOR TRAUMA CARE
RESOLUTION NO. R- 99 -50, A RESOLUTION authorizing the Yakima City
Manager to accept a " Prehospital Participation Grant" check
for $1,200 from the State of Washington, Department of Health,
Office of Emergency Medical and Trauma Prevention. These funds,
described in the " Trauma Care Service Funding Act of 1997" ,
are distributed to verified agencies for expenditures made for
the purposes of the state trauma care system.
B. FIRST RENDING OF ORDINANCE AMENDING THE 1999 BUDGET AND
APPROPRIATING FUNDS INTO THE EMERGENCY SERVICES FUND (NO
ACTION REQUIRED THIS MEETING; SECOND READING SCHEDULED FOR 4/20/99)
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An Ordinance amending the 1999 budget and appropriating funds
within the 150 - Emergency Services Fund to purchase trauma
equipment, having been read by title only, was laid on the table
for two weeks, until April 20, 1999.
*29. FIRST READING OF ORDINANCE AMENDING THE 1999 BUDGET AND MAKING
APPROPRIATIONS FOR 1998 ENCUMBRANCES (NO ACTION REQUIRED THIS
MEETING; SECOND READING SCHEDULED FOR 4/20/99)
An Ordinance amending the 1999 budget and appropriating funds
for 1998 Year -End Encumbrances, having been read by title only,
was laid on the table for two weeks, until April 20, 1999.
30. OTHER BUSINESS
Council Member Klingele described some new duties of the Tri-
County Water Resources Agency. Instead of just planning, their
role will include implementation and priority review of salmon
enhancement programs funded by federal and state government.
There already: exists a degree of expertise from various members
of the different counties throughout the state, making this a
perfect entity to assume these tasks.
It was MOVED BY PLACE, SECONDED BY BUCHANAN, TO APPOINT JOE
MORRIER, JR.; STEVE CAFFREY, DON MOEN; AND DEAN NADEAU TO THE
DARC COMMITTEE. The motion carried by unanimous voice vote;
Sims absent. Staff was directed to forward this information on
to the DARC Committee.
Information Items:
Items of information provided to Council were: Memorandum from
Director of Public Works, Refuse Manager and Street .and Traffic
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Operations Manager regarding Spring Clean Up. 3/30/99; Letter to
Curt Baney regarding Signal Operation at 17 Street and Yakima Avenue.
3/25/99; Monthly Report of the Chief of Police for January 1999;
• City of Yakima Planning Division Assignments Pending as of April 6,
1999; Minutes of the February 18, 1999 District Board of Health
meeting; and Focus, Water Quality Antidegradation Implementation
Strategy; March 1999 DOE newsletter.
31. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION
It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO MOVE INTO
EXECUTIVE SESSION AT 4:10 P.M. TO DISCUSS PENDING AND PROPECTIVE
LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER TO APRIL 20,
1999, AT 7:30 A.M. AT THE YAKIMA CONVENTION CENTER RE:
CONVENTION' CENTER OPERATIONS AND LONG RANGE PLANNING. The
motion carried by unanimous voice vote; Sims absent. The City
Manager stated the Executive Session will be for approximately
30 minutes.
32. ADJOURNMENT TO APRIL 20 1999, AT 7:30 A.M., AT THE YAKIMA CONVENTION
CENTER RE: CONVENTION CENTER OPERATIONS AND LONG RANGE PLANNING
Following completion of the Executive Session, the meeting
adjourned at 4:55 P.M.
READ AND CERTIFIED ACCURATE BY: %s / _ / / .,� __ #17
CO ■ L MEMB . ' DATE
9T ,1 c C
CO MEMBER DATE
ATTEST:
CITY CLERK / JOHN PUCCINELLI, MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and videotape of this meeting are available
in the City Clerk's Office
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