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HomeMy WebLinkAbout12/19/2000 Business Meeting • 63 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL DECEMBER 19, 2000 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Henry Beauchamp (present after 2:38 p.m.), Lynn Buchanan, Larry Mattson, and John Puccinelli Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts Absent: Council Member Bernard Sims 2. INVOCATION /PLEDGE OF ALLEGIANCE Council Member Puccinelli gave an invocation, then Council Member Mattson led the audience in the Pledge of Allegiance. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER BARNETT MOVED AND BUCHANAN SECONDED TO REAPPOINT VICTOR LARA TO SERVE ANOTHER TERM ON THE YAKIMA VALLEY REGIONAL LIBRARY BOARD. The motion carried by unanimous voice vote; Beauchamp and Sims absent. Council Member Mattson thanked the Council members and City staff for their welcome and support during his first year on the Council. Mayor Place introduced three high school students who were studying local government; Jesus Diaz from Highland High School, Jonathan Gottlieb and James Posey from.Eisenhower High School. 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. Items Nos. 8, 15, 26, and 27 were removed from the Consent Agenda. The City .Clerk read the Consent Agenda items, including resolutions and ordinances by title. BUCHANAN MOVED AND MATTSON SECONDED TO APPROVE THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Beauchamp and Sims absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 64 DECEMBER 19, 2000 *A. APPROVAL OF THE MINUTES OF THE NOVEMBER 14 AND 21, 2000 ADJOURNED AND BUSINESS MEETINGS The minutes of the November 14, 2000 Business Meeting /Budget Review and the November 21, 2000 Budget Review and Business 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 Jamie Carmody, 405 E. Lincoln Avenue, thanked staff and Council for their support and work on the Apple Tree wastewater project noting it is one of the first public /private partnerships to bring about necessary public services. He added • thanks to Doug Mayo, Chris Waarvick, Bill Cook, and Glenn Rice. He then extended a special thanks to Dick Zais for the way he handled this complicated project representing the City with the highest degree of commitment. Council Member Puccinelli said a thank you must also go out to Mr. Borton and his people as well as Mr. Carmody noting this is a very important agreement to this valley if growth is to continue. CITY MANAGER'S REPORTS 6. CONSIDERATION OF REPORT ON THE CONVENTION CENTER MARKET STUDY Bill Cook, Director of Community and Economic Development, said this is a request for Council to accept the study prepared by Jinneman, Kennedy & Associates. The intent of the study was to look at the current and future markets of the Yakima Convention Center and a proposed expansion. The report shows the existing center has out performed expectations in direct revenue to the convention center and primary lodging revenue. The study identified the most fundamental challenge to our Convention Center to be new competition, in particular, a proposed development in the Tri- Cities. The study indicates that the future expansion of the Yakima Convention Center is warranted. This study will be a part of a study session early next year to request direction from Council on the establishment of a Public Facilities District for the purpose of expanding the Convention Center. Other components for the study session Will be the preliminary design and cost estimates, language for the Public Facilities District and the various legal documents required, as well as operating expenses and preparation of an appraisal on the building. Staff was directed to schedule a meeting with the local lodging representatives and the Council Economic Development Committee. It was also recommended that Union Gap and Selah be invited to the study session. Kathy Coffey, General Manager of the Yakima Convention Center, said she is very pleased with the report. She recommended following up on the points given to increase our market share in the leisure and tourism market. Ms. Coffey recognized Donna Moultray who has been with the Convention Center since it's opening and has been a big contributor to its success. 2 65 DECEMBER 19, 2000 *7. CONSIDERATION OF REPORT /RECOMMENDATION FROM STAFF AND CENTER ADVISORY COMMITTEE AND RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH WARDELL` ARCHITECTS FOR ARCHITECTURAL SERVICES FOR YAKIMA CENTER EXPANSION RESOLUTION NO. R- 2000 -157, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Professional Services Agreement with Wardell Architects P.S. for Professional Services on expansion of the Yakima Convention Center in the City of Yakima, City Project 1909. 8. CONSIDERATION OF ADOPTION OF RESOLUTION B AMENDING THE MEMBERSHIP AND REPRESENTATION ON THE EMPLOYEES WELFARE AND BENEFIT BOARD David Brush, 711 S. 15 Avenue, Chairman of the Employees Welfare Benefits Board, described the two options to change the method of selecting representatives from City Management and exempt employees. He spoke in favor of Option A. He clarified that Option B will add two positions rather than simply changing the method of election. He explained this issue was brought to the Insurance Board by several members of the management- exempt employees who had concerns that they had no input into the selection method of their representatives. They requested changing the bylaws to allow those two positions to be elected by those members. Currently those two positions are filled by the Deputy Personnel Officer and the Finance Director or designee. Option A would simply remove that automatic appointment and allow an election by those members. Option B would add two positions for the exempt employees and leave the current appointed two as they are. The Board believes adding two positions changes the demographics of the board from 10 members to 12 thus diluting the value of all of the votes. He referred to the bylaws that say the Board must agree to change the number of Board members. No action has been taken to do that. Mr. Brush advised that all three of the unions are opposed to Option B. Yvette Lewis, 382 Hideaway Road, President of Local 1122 AFSCME, said the union is adamantly opposed to Option B for the reason of the dilution of their vote. Ms. Lewis said they highly support management being able to vote in their own representation. City Manager Zais said the health benefit program has been in effect for many years and has functioned very well but in recent times there have been a lot of pressures to look for opportunities to control and contain costs on medical expenditures. While they are named as appointed representatives, the two members of management, in the past, have served a dual capacity representing both the management and the corporate financial interests for the City of Yakima. When the petition drive was initiated it was borne out of some dissatisfaction with that dual capacity. The petition requested an election take place to allow for elected members of the City management supervisory exempt group to be on this Board. He supported that, but said it left out the vote for the fiduciary corporate interests of the City of Yakima. He firmly believes Corporate Yakima 3 66 DECEMBER 19, 2000 should maintain its presence as a voting member on that Board. City Attorney Paolella said that Resolution A has a potential legal problem associated with it. It would combine the corporate representative with the management employee representation. Resolution B avoids that complication by separating those roles so that neither the conflict of interest nor the fiduciary duty arises as a potential problem. After discussion it was determined that the selection of Option B would require the concurrence of the Insurance Board. If that did not concur, the Board membership would remain as it is and management and exempt employees would have no representation. Dave Winton, Traffic /Sign Supervisor, 905 Pleasant Ave, spoke highly of the insurance program, but explained that the reason for the petition was the management, supervisors and exempt employees were receiving no information on what goes on at the insurance board meetings until they receive something attached to their paychecks. They feel they have no one on the Board they can contact and that there is a definite conflict of interest. He advised that the Insurance Board has voted to accept Option A. Tom Barrington, staff representative for AFSCME Local 1122, 3202 Vincente Drive, stated his understanding of the issue as being whether the City is going to lose it's ability to control what comes from the Board. He said that all the supervisors and management are asking for is representation and that does not reduce the Council's ability to control the finances of the health program. Mayor Place summarized that Option A has already been approved by the Board but if Option B was selected by the Council it would have to go back to the Insurance Board for approval. BUCHANAN MOVED AND BEAUCHAMP SECONDED TO TABLE THIS ISSUE. The motion carried by unanimous voice vote, Sims absent. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE FOUR -PARTY WASTEWATER TREATMENT AND DISPOSAL SERVICE AGREEMENT AND MAP FOR APPLE TREE DEVELOPMENT RESOLUTION NO. R- 2000 -158, A RESOLUTION authorizing the Mayor to execute an Agreement to Amend the Agreement for Wastewater Treatment and Disposal Service to include within the Urban Boundary territory where wastewater treatment and disposal service may be provided in fulfillment of the Sewer Construction and Bond Purchase Agreement between the Apple Tree Partnership and the City of Yakima. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE HUMANE SOCIETY FOR ANIMAL CONTROL SERVICES RESOLUTION NO. R- 2000 -159, A RESOLUTION authorizing and directing the City Manager and. the City Clerk of the City of Yakima to execute an Animal Control Agreement with the Humane Society of Central Washington. 4 DECEMBER 19, 2000 *11. CONSIDERATION OF RESOLUTION EXTENDING THE PUBLIC DEFENDER CONTRACT WITH KENNETH RABER FOR 2001 RESOLUTION NO. R- 2000 -160, A RESOLUTION authorizing and directing the City Manager and City Clerk to execute the Public Defender Agreement for 2001. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT TO CREATE CITY - MITIGATED WETLAND ON COUNTY PROPERTY RESOLUTION NO. R- 2000 -161, A RESOLUTION authorizing the City Manager to execute an agreement with Yakima County for an easement for wetlands to be granted by Yakima County to the City of Yakima. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH RHW CONSULTING SERVICES FOR CLASSIFICATION STUDIES RESOLUTION NO. R- 2000 -162, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Consulting Services Agreement with RHW Consulting Services, for the purpose of obtaining classification /reclassification services and studies. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH EDGLEY LAW OFFICES FOR REPRESENTATION OF THE CIVIL SERVICE COMMISSIONS RESOLUTION NO. R- 2000 -163, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a legal services agreement between the City of Yakima and Ryan M. Edgley d /b /a Edgley Law Offices, in order to provide legal services to the various City Civil Service Commissions. 15. CONSIDERATION OF RESOLUTION AUTHORIZING EXTENSION OF THE AGREEMENT WITH A & A MOTORCOACH FOR OPERATION OF TRANSIT ROUTE 3 FOR AN ADDITIONAL SIX MONTHS Council Member Mattson commented that the pilot project was scheduled to end on September 30, 2000 and if this agreement is approved it will actually end on June 30, 2001. He suggested.adding language to the resolution that states that the City of Yakima shall resume scheduled transit service on Route 3 commencing July 1, 2001. Chris Waarvick, Director of Public Works said part of the pilot project definition was to determine whether or not to extend the period of time for the privately subcontracted route or bring it back into the transit system. They are not prepared to bring that information to the Council at this time. City Manager Zais clarified that this information would be presented to the Council through the Transit Committee and a study session would be scheduled prior to June 30 Mayor Place said they also needed public input on the service. 5 68 DECEMBER 19, 2000 Council Member Mattson suggested having the report on the pilot project available by March. The City Clerk read the resolution by title; BUCHANAN MOVED AND MATTSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Sims absent. RESOLUTION NO. R- 2000 -164, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to extend an agreement with A & A Motorcoach, Inc. whereby said entity shall operate City of Yakima Transit Division Fixed -Route #3 for a period of six additional months ending midnight June 30, 2001. *16. CONSIDERATION OF ADOPTION OF THE 2001 LEGISLATIVE PRIORITIES The 2001 City Legislative Priorities List was adopted. *17. CONSIDERATION OF RESOLUTION ADOPTING AMENDMENT NO. 6A TO THE AIRPORT BYLAWS RESOLUTION NO. R- 2000 -165, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY approving Amendment No. 6A to the bylaws of the Yakima Air Terminal - McAllister Field Board relating to the time and place of regular meetings. *18. CONSIDERATION OF RESOLUTION APPROVING CBDG GRANT TO PARKS AND RECREATION DIVISION AND YAKIMA COUNTY SUBSTANCE ABUSE COALITION FOR AFTER - SCHOOL PROGRAM AT GARFIELD ELEMENTARY RESOLUTION NO. R- 2000 -166, A RESOLUTION approving a $34,809 grant request from the City of Yakima, Parks and Recreation, and the Yakima County Substance Abuse coalition to be made from federal CDBG funds to assist with the addition of two staff members to provide an after - school program at Garfield Elementary School and directing the City Manager to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Yakima County Substance Abuse Coalition. *19. SET DATE OF CONTINUED PUBLIC HEARING FOR JANUARY 16, 2001 FOR TITLE 12 DEVELOPMENT STANDARDS January 16, 2001 was set as the date of continued public hearing on Title 12 of the Yakima Municipal Code regarding Development Standards. *20. SET DATE OF CLOSED RECORD PUBLIC HEARING FOR JANUARY 9, 2001 FOR APPEAL OF HEARING EXAMINER'S DECISION DENYING APPLICATION FOR INSTALLATION OF THREE BILLBOARDS FILED BY BRESSLER OUTDOOR ADVERTISING, LLC January 9, 2001 was set as the date of a closed record public hearing to consider an appeal filed by Bressler Outdoor Advertising, LLC of the Hearing Examiner's decision denying the placement of a billboard sign at 1911 East Nob Hill Boulevard, 105 East E Street and at 5 West Washington Avenue. 6 • 69 DECEMBER 19, 2000 *21. APPROVAL OF FINAL CONTRACT PAYMENTS FOR (STANDARD MOTION V -B ACCEPT PROJECT AND APPROVE FINAL PAYMENT): A. ELKS MEMORIAL PARK IRRIGATION PROJECT NO. 1900 PERFORMED BY PIPER HALE LANDSCAPE SERVE The report from the City Engineer, dated December 12, 2000, with respect to the completion of the work on the Elks Memorial Park Irrigation Project No. 1900, performed by Piper Hale Landscape Service, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. CITY HALL HVAC MODIFICATIONS PROJECT NO. 1783 PERFORMED BY JOHNSON MECHANICAL COMPANY • The report from the City Engineer, dated December 12, 2000, with respect to the completion of the work on the City Hall HVAC Modifications, performed by Johnson Mechanical Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *22. APPROVAL OF REPORTS FROM FINANCE DEPARTMENT: A. OCTOBER AND NOVEMBER 2000 FINANCIAL REPORT The Revenue and Expenditure Report (Budget) for October and November 2000 was accepted. B. THIRD QUARTER 2000 TREASURY REPORT The Third Quarter 2000 Treasury Report was accepted. ORDINANCES 23. CONSIDERATION OF ORDINANCE ADOPTING THE 2001 BUDGET BEAUCHAMP MOVED AND MATTSON SECONDED TO AMEND THE BUDGET TO RESTORE THE $1,200 TO CLEAN AIR THAT HAD BEEN REMOVED IN 2000 DUE TO 1 - 695. There was discussion on what actually took place and City Manager Zais clarified there was the 2001 budget request with an increase of approximately $1,400, and then a request to restore last year's reduction of about $1,200. He said what is in this budget is the current number that was approved for this year without any increase for either the $1,200 make- up for 2000 Initiative 695, or the requested increase for 2001 of about $1,400. Council Member Beauchamp said his concern is that most of the jurisdictions granted Clean Air the increases and that we are benefiting from them with the amount of money granted for the down town traffic light situation. He spoke in favor of returning the $1,200 as well as the requested increase for 2001. Council Member Buchanan made the point that several other agencies were cut when 1- 695 went through and to be going back and patching here and there is contrary to what the voters asked for with 1 -695. Council Member Barnett pointed out that the money for the traffic light project is coming through Clean Air as a conduit. The City of Yakima and the Conference of Governments did all the work in order to 7 0 DECEMBER 19, 2000 get that money, all Clean Air did was to write a letter and transfer it to another agency. Council Member Puccinelli said he felt it was appropriate to utilize some of the money given to us by the State and make Clean Air whole again. Council Member Barnett said he wanted revised figures before voting on Agenda Item No. 23. Council Member Buchanan moved to table the item but received no • second. The question was called for a vote on the motion. The motion carried by 4 -2 roll call vote, Barnett and Buchanan voting nay, Sims absent. City Manager Zais explained that the effect of this motion on the 2001 budget is the beginning balance of the general fund ($3,829,169) will decrease by $1,200. The appropriations put into this budget for next year have not changed. MATTSON MOVED AND BEAUCHAMP SECONDED TO RESTORE THE 2001 CLEAN AIR BUDGET REQUEST FOR $1,735. Council Member Barnett expressed frustration saying we went through a budget wrap up and now this is changing what was done at the wrap up. Council Member Buchanan agreed saying that this has been voted on this twice already. There was discussion about having cut other agencies and the appropriateness of this request. PUCCINELLI MOVED AND BUCHANAN SECONDED TO TABLE THIS ITEM FOR FURTHER STUDY AS WE GET INTO THE BUDGET. The motion carried by 4 -2 voice vote, Place and Beauchamp voting nay; Sims absent. The City Clerk read the ordinance by title; BUCHANAN MOVED AND MATTSON SECONDED TO PASS THE ORDINANCE. The motion passed by 4 -2 roll call vote, Barnett and Buchanan voting nay, Sims absent. ORDINANCE NO. 2000 -60, AN ORDINANCE adopting a budget for the City of Yakima, Washington, for the year 2001; and making appropriations for estimated expenditures. 24. CONSIDERATION OF ORDINANCE AMENDING THE REFUSE UTILITY RATES Nancy Fortier, Refuse Manager, explained that in the budget wrap up a 3% rate increase was approved for residential can service, extra charges, and yard waste service. There was no rate adjustment in the bin service. This ordinance amends the Municipal Code with these changes. Chris Waarvick, Director of Public Works, advised they are preparing information for a future study session on automated service. The City Clerk read the ordinance by title; BUCHANAN MOVED AND MATTSON SECONDED TO PASS THE ORDINANCE. The motion carried by 5-1 roll call vote, Barnett voting nay; Sims absent. ORDINANCE NO. 2000-61, AN ORDINANCE relating to health and sanitation; concerning containers for and storage of garbage and yard waste for collection by the City of Yakima; and amending Section 4.16.140 of the City of Yakima Municipal Code accordingly. 8 71 DECEMBER 19, 2000 *25. CONSIDERATION OF RESOLUTION AUTHORIZING THE YAKIMA POLICE RESERVES ENROLLMENT IN THE VOLUNTEER FIRE AND RESERVE OFFICERS RELIEF AND PENSION PLAN ORDINANCE NO. 2000-62, AN ORDINANCE relating to the reserve police department; authorizing the enrollment of reserve police officers under the relief and compensation provisions of the Volunteer Firefighters' and Reserve Officers' Relief and Pension Act; authorizing the participation of reserve police officers in the pension and retirement provisions of the Volunteer Firefighters' and Reserve Officers' Relief and Pension Act; establishing a Reserve Officers' Board of Trustees; electing to count and pay the actuarial cost of all credit for all retirement services; amending section 1.48.050 of the City of Yakima Municipal Code; amending sections 1.91.010, 1.91.020, 1.91.030, 1.90.040, 1.91.050, 1.91.060, 1.91.070, and 1.91.080 of the City of Yakima Municipal Code; and adding new sections 1.91.055 and 1.91.090 to the City of Yakima Municipal Code. 26. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE FOR ADMINISTRATIVE ORGANIZATION AND REASSIGNING DUTIES OF THE PLANNING MANAGER TO CODE ADMINISTRATION AND RE- NAMING CABLE COMMUNICATIONS DIVISION TO TELECOMMUNICATIONS DIVISION Bill Hambleton, 615 south 32 Avenue, suggested a possibility of a conflict of interest by combining these two functions. He asked if there was any reason for not leaving the organization structure as it is and leave the Planning Manager position vacant for a year or two. Bill Cook, Director of Community and Economic Development, said it is not the intent to eliminate the position on the roster but only to fill that position with a Senior Planner at this time. The City Clerk read the ordinance by title; BUCHANAN MOVED AND MATTSON SECONDED TO PASS THE ORDINANCE. The motion carried by 5 -1 roll call vote, Barnett voting nay; Sims absent. ORDINANCE NO. 2000-63, AN ORDINANCE relating to administrative departments of the City; amending Section 1.18.060 of the City of Yakima Municipal Code to consolidate the Environmental Planning and Code Administration Divisions; and amending Section 1.18.060 of the City of Yakima Municipal Code to formally establish a Telecommunications Division. 27. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CIVIL SERVICE RECLASSIFICATIONS AND CERTAIN CITY POSITIONS IN ACCORDANCE WITH 2001 BUDGET DECISIONS The City Clerk read the ordinance by title; BUCHANAN MOVED AND PUCCINELLI SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Sims absent. ORDINANCE NO. 2000-64, AN ORDINANCE relating to City personnel; adopting a classification plan for City employees to be effective January 1, 2001; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110A, 2.20.110 C, and 2.20.110 H, all of the City of Yakima Municipal Code. 9 72 DECEMBER 19, 2000 28. OTHER BUSINESS INFORMATION ITEMS: Items of information provided to Council were: County Auditor Certificate of Voter Validation for November 7, 2000 General Election, Agenda for the December 20, 2000 Community Review Board Meeting, Memorandum from Yakima Regional Clean Air Authority re: New Phone System. 12/13/00, Third Quarter 2000 Municipal Court/Probation Office Statistics, Planning Division Assignments Pending Report as of December 19, 2000, Code Administration Division Monthly Report for November 2000, DOE Notice of Public Workshops re: Proposed Changes to Water Quality Standards, Editorial from September 28, 2000 The Star, "Compromise on Train Horns Worth a Look" and January 13, 2000 article from the Milwaukee Journal Sentinel, "Suburban Communities Oppose Government's Whistle- Blowing Proposal." 29. EXECUTIVE SESSION REGARDING PROPERTY ACQUISITION (allow approximately 20 minutes) BUCHANAN MOVED AND PUCCINELLI SECONDED TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PROPERTY ACQUISITION AND PENDING LITIGATION FOR APPROXIMATELY 30 MINUTES, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote, Sims absent. 30. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 4:38 p.m. • READ AND CERTIFIED ACCURATE BY: ,,/, i o4UNCI f EMB:' D' TE- 4„i 14, 4 17.0 1 i �'I Ni IL MEMBER r DATE ATTEST: CITY CLERK / MARY PLACE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 10