Loading...
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 47 1 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, 2 47 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 • 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 3 473 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' 4 474 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. 5 475 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. 6 476 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. 7 477 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. 8 478 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 9