HomeMy WebLinkAbout10/03/2000 Business Meeting 470
CITY OF YAKIMA, WASHINGTON
OCTOBER 3, 2000
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
Mary Place, presiding. Council Members Clarence Barnett, Henry
Beauchamp, Lynn Buchanan, Larry Mattson, John Puccinelli, 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 Council Member Puccinelli, followed
by the Pledge of Allegiance led by Council Member Buchanan.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
• NATIONAL FIRE PREVENTION WEEK
Mayor Place read a proclamation declaring October 8 - .14 as
Fire Prevention Week. Nancy Danko, Fire Code Inspector,
accepted the proclamation.
• ALLEY CAT APPRECIATION
Mayor Place read a proclamation of appreciation for the Alley
Cats. Council Member Beauchamp commended the Alley Cats for
painting out graffiti before it became popular to do so.
Irene Gutierrez, Former Alley Cats coordinator, accepted the
proclamation and introduced several Alley Cats members.
Council Member Mattson welcomed his fellow planners to a
conference that was being held in Yakima.
Mayor Place presented Don Skone, former Planning Manager, with a
plaque in appreciation of his 23 years of services to the City.
Mr. Skone, in his new capacity of Director of the Conference of
Governments, took the opportunity to ask Council to review the
2001 proposed budget for COG.
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. It was the general
consensus to add Agenda Item No. 6 to the Consent Agenda. The
Mayor announced that the adjourned meeting scheduled for October
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OCTOBER 3, 2000
17 was canceled. 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
READ, 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.)
*A. APPROVAL OF THE MINUTES .OF THE SEPTEMBER 5, 2000 BUSINESS
MEETING AND SEPTEMBER 19, 2000 ADJOURNED (2) AND BUSINESS
MEETINGS
The minutes of the September 5 and 19, 2000 Business meetings
and September 19, 2000 Adjourned meetings 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
There was no audience participation.
*6. PRESENTATION OF 1999 POLICE DEPARTMENT ANNUAL REPORT
The 1999 Police Department Annual Report was accepted.
7. PRESENTATION OF 2001 CONTINGENCY BUDGET REDUCTION PLAN FOR I -722
AND I -745
City Manager Zais presented the contingency budget reduction
plan. He said the two proposed Initiatives would have a
significant impact on the City's budget. The entire 2001
General Government funds budget increased by only 1% over the
2000 budget. The primary increases in the total City budget are
for capital improvement projects such as the Apple Tree sewer
project and the Washington Avenue improvements. The City must
face the necessity of planning for reductions if Initiative 722
and Initiative 745 are passed by the voters. These initiatives
are possibly subject to court challenges, such as was the case
with Initiative 695. However, even though the possibility
exists that the initiatives may not meet legal muster, the City
must have contingency plans in place as to what it would do with
fewer resources. The City has drafted fact sheets about the
initiatives which have been reviewed by the Legal Department to
ensure they are factual and objective.
Mr. Zais described Initiative 722 as canceling and refunding all
tax or fee increases passed between July 2 and December 31,
1999. It also repeals the 6% limit on property tax levies
approved by voters in 1997 and establishes a new limit of 2 %,
and it exempts vehicles from property tax. Referendum 47,
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OCTOBER 3, 2000
passed in 1997, set the property tax levy increase limit at the
level of the Implicit Price Deflator (IPD) or a maximum of 6% if
there existed a major, substantial need. The City has been
operating under this law since that time and the City Council
passed a 6% increase last year, based on major, substantial
need. Initiative 722 sets the new limit at 2% which is quite
low. For example, the current IPD, which was set by Referendum
47, is over 3 1/2 %. There are several impacts to the City.
Initiative 722 eliminates $600,000 that has already been spent
on providing City services; eliminates $600,000 annually in
future, years to support police, court, jail, fire, parks,
streets, library and other City services; eliminates
approximately $350,000 in sewer charges collected and already
spent on sewer services /projects; and eliminates approximately
$25,000 in cemetery charges collected from customers and already
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spent on burials and ground maintenance. The overall property
tax revenue for Yakima is $10.5 million. The fact sheet
explains how this is used and how Yakima's property tax compares
with others around the State. Yakima is 9th out of 12 cities in
property tax collections: A Yakima citizen pays approximately
$53 less than the average citizen in a comparably sized city.
It is unknown if this initiative is constitutional. If it is
constitutional, a taxpayer who owns a $100,000 home, saves
approximately $17 per year. The City must adjust and reduce
spending based on the scenario that these initiatives will pass.
The City would have to remit approximately $600,000 back to the
assessor. This refund would come from reserve funds. The City
would then need to reduce the budget by $600,000 per year in
subsequent years. Mr. Zais is recommending a property tax
increase of 2% for the year 2001 in light of Initiative 722 and
because of the economy. The 2001 budget is balanced predicated
on a 2% increase. Also, spending must be reduced because the
City's property tax base will become smaller if Initiative 722
passes.
Mr. Zais then described Initiative 745 which will have a
definite impact on the General Government budget because Transit
makes a contribution to the City services charge. If the full
effect of Initiative 745 is realized, it requires that 90% of
transportation funds, including transit money, be spent for
building and repairing roads. It also excludes road
construction and maintenance from sales tax, which may actually
be a benefit to the City because Yakima would no.longer need to
pay that tax on its road projects. It also directs the State
Legislature to determine how this money is spent on a statewide
level. It is unclear if Initiative 745 would save a taxpayer
money because it shifts the money that local voters decided to
levy on themselves for transit services to the State for roads.
It potentially eliminates $3.6 million authorized by the voters
in 1981 to spend on regular bus service; disabled /elderly Bial-
a -ride; student ridership; and special event services, such as
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OCTOBER 3, 2000
the Fair and 4th of July shuttles. The fact sheet shows how
transit taxes are spent. The effect on the taxpayer IF the
Initiative does save them money is approximately 30 cents on a
$100 purchase or there may be no savings and the local money may
just be'shifted to the State of Washington. No one disputes the
need for transportation funding. The Initiatives will really be
decided by the other side of the state because that is where the
majority of the population,is. The effect is that the local
choice is being removed. If Initiative 745 passes and is found
to be constitutional, the City is planning to reduce or phase
out transit services. The effect last year of the economy and
Initiative 695 have taken their tolls on the City budget
already. Last year, the City reduced the budget by $2.4 million
or 6 1/2 %. This Initiative would require another 2% reduction.
Transit also makes a contribution to the Equipment Rental Fund
of $500,000, so the employees there are also affected. The
Transit support to the City service charge and to Public Works
Administration also has to be calculated and addressed in the
contingency budget reduction plan. Where will the money come
from? There is a lag time between the election date and the
collection of sales tax revenues and additional funding to pay
for the phasing out of transit will come from operating and
capital reserves. The City is currently estimating that it will
break even in 2001 after closing out Transit services including
pay -out of employee vacation and other leaves. The City Council
may choose to continue a substantially curtailed Transit
service, which is likely to consist only of a scaled down
version of dial -a -ride.
The City needs to be prepared. With the depressed economy and
constraints on spending, there is a change in the way services
are delivered. The public needs to appreciate the sweeping
scope of these Initiatives and the impact on service levels.
Council Member Barnett brought up the issue of state and federal
mandates and voiced concern about how the City is going to meet
the mandates set forth by the Department of Ecology and the
National Marine Fisheries Service. He said he did not know
where the money would come from to meet the mandates in the
Clean Water Act and the Endangered Species Act. Mr. Zais
replied that those represent significant costs for the city.
This Council /staff have been at the forefront of making sure the
public knows about these mandates and trying. to affect change.
Ultimately, the ratepayers bear the cost. Council Member
Barnett said those agencies made it clear that paying for the
cost to comply with these mandates will be the City's
responsibility. That means that the City has to raise rates and
it has a tremendous impact on citizens. Council Member Sims
said that if Initiative 695 is ruled constitutional, the rates
would be in the hands of the voters. How is it possible for the'
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OCTOBER 3, 2000
City to meet the cost of the mandates if the voters do not
approve the rate increases. It is a serious dilemma. Council
member Puccinelli said it is a catch 22. The federal government
has threatened to put people in jail for not complying with the
mandates. What will they do if the voters do not vote for the
rates - put everybody in jail? Mr. Zais said that the will of
the people is not the final law; it is the will of the courts.
Council Member Sims said that the State would now decide what
would happen to the local money if Initiative 745 were to pass.
Mr. Zais said that locally, of course, everyone has a vote on
the initiatives, however the population base is on the west side
of the mountains and the votes there could easily outnumber
votes on the east side and determine the election. The Council
may choose to hold a public forum and may also take a position
on the initiatives. A forum would be an opportunity for the
public to be heard. Mayor Place said the next meeting is
October 17th and absentee ballots will be mailed out
October 18th, so the 17th would be a good time for a forum.
Council Member Barnett asked if they would be required to
schedule both pro and con speakers for the initiatives. City
Attorney Paolella said there is the opportunity for anyone to
speak, through proper public notice and, therefore, it is not
necessary for the Council to make sure there is a speaker for
both sides of the issue. Council Member Puccinelli said he
favored a forum, but did not like the idea of passing a
resolution to take a position on the initiatives. He said the
constituents could represent themselves. Council Member
Beauchamp said that these are critical issues and the Council
needs to inform the citizens of the pros and cons. Council
Member Mattson said that these initiatives are evaporating
elected officials' ability to set taxes. At a minimum, there
should be a public forum and the Council should possibly
consider adopting a resolution. Council Member Barnett said he
favored a forum but had reservations about adopting a
resolution. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO
SCHEDULE A PUBLIC FORUM ON INITIATIVE 722 AND INITIATIVE 745 FOR
OCTOBER 17, 2000. The motion carried by unanimous voice vote.
Mr. Zais said that every department had been involved in
developing the contingency reduction plan and the Council is
being given more options than necessary. Lynne Kittelson, 305
North 9th Street, said the Initiative process used to be used by
grass roots people who had a problem. It is now used by special
interest groups who can pay for signature gathering. She
announced that on October 16th at 6:00 p.m., there would be a
League of Women Voters sponsored forum on Initiative 722 and
Initiative 745 with speakers on both sides of the issues, in the
City Council Chambers.
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OCTOBER 3, 2000
*8. CONSIDERATION OF RESOLUTION APPROVING A NON - RECOURSE REVENUE
BOND OF YAKIMA COUNTY PUBLIC CORPORATION FOR THE BENEFIT OF
MICHELSEN PACKAGING COMPANY
RESOLUTION NO. R- 2000 -121, A RESOLUTION of the City Council of
the City of Yakima, Washington, approving the issuance of a tax-
exempt nonrecourse revenue bond of Yakima County Public
Corporation for the benefit of Michelsen Packaging Company,
pursuant to RCW 39.84.060.
*9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LEASE WITH
YAKIMA COUNTY FOR CITY -OWNED PROPERTY AT 8 -20 NORTH 1ST STREET
RESOLUTION NO. R- 2000 -122, A RESOLUTION authorizing the City
Manager to execute a lease agreement with Yakima County under
which Yakima County will develop a parking lot on City owned
property at 8 - 20 North 1st Street.
*10. CONSIDERATION OF RESOLUTION APPROVING THE FIRST AND SECOND
QUARTERS 2000 CLAIMS REPORT
RESOLUTION NO. R- 2000 -123, A RESOLUTION accepting and approving
the First and Second Quarter 2000 Insurance Claims Report.
*11. CONSIDERATION OF RESOLUTION UPHOLDING THE HEARING EXAMINATION
DECISION AND DENYING THE APPEAL FILED BY JAMIE WALTHER FOR A
HOME OCCUPATION BEAUTY SHOP AT 708 SOUTH 60TH AVENUE
RESOLUTION NO. R- 2000 -124, A RESOLUTION denying the appeal by
Jamie Walther of the Hearing Examiner's Decision denying her
appeal of the class (2) zoning review denying her application to
use her residence at 708 South 60th Avenue for a beauty shop.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING' DISPOSAL OF SEIZED
VEHICLES AND SURPLUS CITY PROPERTY BY AUCTION
RESOLUTION NO. R- 2000 -125, A RESOLUTION authorizing the sale of
surplus property owned by the City.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING DISPOSAL OF SURPLUS
UTILITY VEHICLES
RESOLUTION NO. R- 2000 -126, A RESOLUTION declaring two 1991
Cushman Three -Wheel Trucksters surplus and authorizing the sale
of one to the Catholic Diocese /Calvary Cemetery and donating the
second to Yakima Youth Soccer Association.
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OCTOBER 3, 2000
*14. APPROVAL OF FINAL CONTRACT PAYMENT FOR TAHOMA CEMETERY FENCE
PROJECT (ADOPT STANDARD MOTION V -B - ACCEPT CONTRACT AND APPROVE FINAL
PAYMENT)
The report from the City Engineer, dated September 20, 2000,
with respect to the completion of the work on the Tahoma
Cemetery Fence Project No. 1897, performed by Stephens & Sons
Construction Company, was approved, the work accepted and
payment of the final estimates as therein set forth was
authorized.
*15. SET DATE OF PUBLIC HEARINGS FOR OCTOBER 17, 2000 FOR: -
A. CLOSED RECORD PUBLIC HEARING ON REZONE OF PROPERTY AT 3204
AND 3214 FRUITVALE BOULEVARD REQUESTED BY NORMAN'S NURSERY
October 17, 2000 was set as the date for a closed record public
hearing to consider the Hearing Examiner's decision on the
rezone of property at 3204 and 3214 Fruitvale Boulevard
requested by Norman's Nursery.
B. CLOSED RECORD PUBLIC HEARING ON REZONE OF PROPERTY AT 3911
CASTLEVALE AVENUE REQUESTED BY MYRON ABRAMS
October 17, 2000 was set as the date for a closed record public
hearing to consider the Hearing Examiner's decision on the
rezone of property at 3911 Castlevale Avenue requested by Myron
Abrams
*16. SET DATES OF PUBLIC HEARINGS ON THE 2001 HUD ACTION PLAN FOR
OCTOBER 17, 2000 (INCLUDING REQUEST TO CONTINUE HEARING TO
7:00 P.M.) AND NOVEMBER 7, 2000
October 17, 2000 was set as the date of public hearing on the
2001 HUD Action Plan, at 2:00 p.m. to be continued to 7:00 p.m.
and a second public hearing was set for November 7, 2000 at
2:00 p.m.
*17. SECOND READING OF ORDINANCES AMENDING THE 2000 BUDGET AND
APPROPRIATING FUNDS FOR:
A. UNANTICIPATED RETIREMENT CASH OUT EXPENDITURES IN THE REFUSE
DIVISION
An Ordinance amending the 2000 budget and appropriating funds
for unanticipated retirement cash out expenditures in the Refuse
Division, previously having been read by title only, was brought
before the Council for a second reading.
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OCTOBER 3, 2000
ORDINANCE NO. 2000 -45, AN ORDINANCE amending the 2.000 budget for
the City of Yakima; and making an appropriation of $31,000 in
the 471- Refuse Fund during 2000 to provide for an unanticipated
retirement cash out.
B. PURCHASE OF NEW HOLIDAY DECORATIONS FROM THE 161 - PARKING
AND BUSINESS IMPROVEMENT AREA (PBIA FUND)
An Ordinance amending the 2000 budget and appropriating funds
for the purchase of new holiday decorations from the PBIA Fund,
previously having been read by title only, was brought before
the Council for a second reading.
ORDINANCE NO. 2000 -46, AN ORDINANCE amending the 2000 budget for
the City of Yakima; and making an appropriation of $30,000
within the 161- Parking and Business Improvement Area (PBIA) Fund
for expenditure during 2000 to provide for holiday decorations.
C. UNANTICIPATED FIRE DEPARTMENT OVERTIME
An Ordinance amending the 2000 budget and appropriating funds
for Fire Department Overtime expenses, previously having been
read by title only, was brought before the Council for a second
reading.
ORDINANCE NO. 2000 -47, AN ORDINANCE amending the 2000 budget for
the City of Yakima; and making an appropriation of $87,000 in
the 000 - General Fund during 2000 to provide for Fire Department
overtime.
18. OTHER BUSINESS
*A..CONSIDERATION,,OF RESOLUTION AUTHORIZING REMOVAL OF TREES IN
THE''PARKING LOT AT 3RD STREET AND CHESTNUT AVENUE TO
FACILITATE CONSTRUCTION OF THE MILLENNIUM PLAZA
Lynne Kittelson, 305 North 9th Street, said that the downtown
area should be more pedestrian friendly. Regarding the lot
where the Millennium Plaza is going to be located, she urged
Council to save the trees there and suggested having a
pedestrian walkway through the parking lot. Resolution No. R-
2000 -127 having been read by title, it was MOVED BY SIMS,
SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion
carried by 6 -1 roll call vote; Barnett voting nay.
RESOLUTION NO. R- 2000 -127, A RESOLUTION authorizing the removal
of eight Locust trees located in the city -owned parking lot on
3rd Street and Chestnut Avenue, Yakima, Washington.
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OCTOBER 3, 2000
Information Items:
Items of information provided to Council were: Announcement of
child restraint emphasis program by Yakima Police Department;
Neighborhood Meeting Notice for 2001 Annual Action Plan; Announcement
of October 12, 2000 City Hall and Public Works Facilities fire drill;
Agenda for the October 18, 2000 Gateway Committee and minutes of its
September 14, 2000 meeting; Planning Division Assignments Pending
Report as of October 3, 2000; Article from City of Vancouver Web
site, " Utility Customers Invited to Open House Forums on Water and
Sewer Rate Study" ; Washington State Labor Area Summary for Yakima
MSA; July 2000; and Article from September 27, 2000 Austin American
Statesman Editorial, " The Roads to Free - Flowing Traffic in Atlanta."
19. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING: YPPA AND IAFF
(allow approximately 30 minutes)
Prospective litigation was added as a subject of the Executive
Session. It was MOVED BY PUCCINELLI, SECONDED BY BARNETT, TO
MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY 45 MINUTES FOR THE
PURPOSE OF DISCUSSING COLLECTIVE BARGAINING AND PROSPECTIVE
LITIGATION, FOLLOWED BY IMMEDIATE ADJOURNMENT. The motion
carried by unanimous voice vote.
20. ADJOURNMENT TO OCTOBER 17, 2000 AT 7.30 A.M. AT TIIE POLICE
STATION /LDCAL CENTER FOR STUDY SESSION RECARDINC MANDATED
WASTEWATER FACILITIES PLAN
Following the conclusion of the Executive Session, the meeting
was adjourned at 4:12 p.m.
READ AND CERTIFIED ACCURATE BY: ..„,iid° AT6
COUNCIL MEMBER E
r_ 1/7 7/0/
COUNCIL EMBER DATE
ATTEST:
aA --a i.cr - ±vd-- c: wt_c 4 4e(Y._
CITY CLERK RY PLACE, MAYOR
I/
An audio and video tape of this meeting are available in the City Clerk's Office.
Minutes prepared by Marketa George Oliver
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