HomeMy WebLinkAbout05/15/2001 Business Meeting 209
CITY OF YAKIMA
BUSINESS MEETING OF THE CITY COUNCIL
MAY 15, 2001 - 2 :00 P.M.
129 NORTH 2 STREET - COUNCIL CHAMBERS
1. ROLL CALL
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Henry Beauchamp, Lynn Buchanan, Larry Mattson, and Bernard
Sims
Staff: City Manager Zais, City Attorney Paolella, City Clerk Roberts and
Records Clerk Watkins
Absent: Council Member Puccinelli
2. INVOCATION /PLEDGE OF ALLEGIANCE
Council Member Beauchamp gave an invocation, followed by the Pledge of
Allegiance led by Council Member Barnett.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL
PRESENTATION
A. PROCLAMATIONS
• APPRECIATION OF WALTER J. ROBINSON, JR.
It was Mr. Robinson's 90 birthday and Mayor Place read a proclamation
highlighting his service with the City Council from 1959 through 1972. Mr.
Robinson thanked the Council and expressed hope for continued support of the
community and all of its affairs.
• PEACE OFFICERS MEMORIAL DAY
Council Member Mattson read a proclamation declaring May 15, 2001 as Peace
Officer Memorial Day. The proclamation also declared the week of May 12 -19 as
Police Week. Davp Kelly, Police Chaplain, Virg Umbarger from Keith and Keith
Funeral Home, and Chief Blesio were on hand to accept the proclamation.
Chaplain Kelly extended an invitation to a memorial service to be held at Keith
and Keith Funeral Home at 7:00 p.m. to honor fallen police officers.
• FIBROMYALGIA AWARENESS WEEK
Mayor Place read a proclamation declaring the week of May 12 -19 as
Fibromyalgia Awareness Week. Deborah Sabin and Nan Myra -Lago, the new
Director of Wellness House, accepted the proclamation.
• MARCH FOR JESUS DAY
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Council Member Beauchamp read a proclamation declaring June 2, 2001 as
March for Jesus Day. Dan Jennings accepted the proclamation and blew the
schofar horn calling all people to worship.
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Denise Nichols, Parks and Recreation Manager, advised the Council of two
awards received at the Washington State Recreation Conference. Tami
Andringa, Athletic Supervisor, received the Young Professional Award for
Washington State. The Yakima Skate Park also received an Award of Merit for
2001 for Outstanding Facility and Parks.
Mayor Place recognized two boy scouts in the audience who were working on
their Citizenship in the Community badge.
Council Member Mattson commented on the morning's study session regarding
compliance with federal and state stormwater mandates saying that the City
Council is looking forward to partnering with the County to work on this issue.
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. 16 and 25 were removed from the Consent Agenda.
The City Clerk read the Consent Agenda items, including resolutions and
ordinances by title. SIMS MOVED AND BUCHANAN SECONDED TO APPROVE
THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call
vote; Puccinelli absent. (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 MAY 1, 2001 ADJOURNED AND
BUSINESS MEETINGS
The minutes of the May 1, 2001 Adjourned 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
Rick Linneweh, President and CEO of Yakima Valley Memorial Hospital,
advised Council that the Hospital was one of four recipients in the country of the
Foster McGaw prize given to teams for leadership in the healthcare profession
beyond the acute healthcare. In recognition of the importance of fluoridation in
the health care of our citizens, the Hospital donated the $10,000 prize towards
the City's budget shortfall in the project to provide fluoridation in the domestic
water. He presented a check to the Mayor.
Bobby Guy Parker, 1410 South 14 Street, requested speed bumps in the
vicinity of 14 Street and Nob Hill Boulevard to help protect the children in that
area. He also asked when the sewer lines would be placed in that area so that
some of the dirt streets would be paved. Mr. Parker was referred to Chris
Waarvick, Director of Public Works.
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Maude Scott of Southeast Yakima, also spoke to traffic problems and pointed
out that putting in the sports complex would increase those problems. Ms. Scott
also commented on spending money on the sports complex when money should
be spent on the irrigation system.
PhD Small, 1006 South' 25 Avenue, reminded the Council of decisions made in
the past and urged them to move forward in that direction. He said the Council
had accepted the Irrigation Committee report that said that promoting the
irrigation conveyance system was preferable to diverting irrigation water flows
through the domestic treated water conveyance system. Ordinance No. 97 -63
was passed at that time. In February 2001, an engineering report was accepted
which stated rebuilding the system would be a capital cost of $14 million
compared to diverting water through a treatment plant at Nelson Diversion and
putting it into a domestic water system which would cost $20 million. He urged
Council to ask Governor Locke for $14 million for the reconstruction rather than
for $20 million to put irrigation water through the domestic system.
Bev Luby Bartz, 114 North 7 Street, read a letter from Bob Mason about his
perception that the City Council is moving away from a dual irrigation /domestic
system that was previously agreed upon.
Betty Gaudette, 701 North 6 Street, also spoke in support of keeping the
domestic water and irrigation water systems separate stating she couldn't
understand why there would be any consideration to go a different direction than
was originally recommended by the committee and accepted by the Council in
1997. .
Lynne Kittelson, 305 North 9 Street, asked Council when they were going to
talk to the people who live in the neighborhoods affected by their decisions. She
requested to see the documents that transferred the rights from the 308 system
to the City making the City trustee. She also requested a map showing the exact
location of the 308 system color coded to show all the repairs made over the
years.
Council Member Sims suggested it was time to bring the Irrigation Committee
back together to review what has changed in the last four years with regard to
the water laws. He mentioned the expected mandate that irrigation water will
need to be potable in the near future. Council Member Buchanan stated that we
either start doing some major expensive repairs or replacement of 308 or we are
not going to have a system.
PUBLIC HEARINGS
6. PUBLIC HEARING ON TRANSIT PILOT STUDY RELATING TO OPERATION
OF TRANSIT FIXED ROUTE NO. 3 (EXTENSION OF PRIVATE CONTRACT)
• Staff explains the issues
Chris Waarvick, Director of Public Works, explained the public hearing was to
determine whether, bus Route #3 would remain in private operation or be
returned to the City of Yakima. If it is to remain in the private sector he said staff
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MAY 15, 2001
would need direction for an invitation -to -bid process which should include bus
size alternatives. He also explained that there will be the need for a third contract
extension with A &A Motorcoach in order to have the time to finalize this issue.
• Mayor Place opened the public hearing
Chris Lydin, Chairperson of the Workforce Committee, 2260 North Wenas
Road, Selah, spoke in favor of returning Route #3 to the employees of Yakima
Transit. She advised there had been a decrease in ridership on this route while
other routes showed an increase. Ms. Lydin said she spoke with local
businesses about the issue and they also supported returning the route to City
employees.
Aileen Kane, 701 South 14 Avenue; John Lang, 222 South 65 Avenue;
Robert Owens, 614 North 3rd Street, and Lynne Kittelson, 305 North 9 Street,
all spoke in support of returning Route #3 back to the City transit drivers.
Dave Schmoe, Transit Operator, 901 South 18 Avenue, spoke about how the
transit drivers are considered ambassadors to the City, and about how well
trained they are in ADA law. He strongly supported returning Route #3 to the
City. Tom McLean, Transit Dispatcher, 205 South 30 Avenue, spoke about
complaints received on the contract drivers versus the City drivers.
Bruce Smith, 4404 Maple Avenue, spoke in favor of maintaining privatization.
He was the chairman of the Transit Task Force and he explained the process
they went through in deciding to conduct this pilot program. He said it was a
successful pilot and it should be continued to receive a cost savings of $304,668
over a 3 -year contract.
Ernie Berger, 1206 South 37 Avenue, explained how and why the Transit Task
Force was created. At that time, it was determined that if nothing was done the
transit system would be financially broke within five years.
Jar Arcand, 111 East Yakima Avenue, spoke as a member of the Transit Task
Force. He explained that previously there was a lack of ridership information and
problems with ADA and Dial -a -Ride abuse. He said as a result of the Task Force
the City now has an operational transit system that is not in jeopardy of
bankruptcy.
Al DeAtley, 5910 Scenic Drive, suggested there still was a need for better
tracking of ridership.
Randy Ammerman, 2410 South 24 Avenue, owner of A &A Motorcoach, said
he appreciated the opportunity to provide service and will welcome the
opportunity to continue.
Wayne Parsley, Transit Operator, 8202 West Nob Hill Boulevard, countered the
projected $300,000 savings if Route #3 remained privatized. He said it was only
a small portion of the total budget projected for Transit. He suggested that
current bus routes could be extended into West Valley, if they were annexed,
without adding any additional buses.
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MAY 15, 2001
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• Mayor Place closed the public hearing
The City Clerk read the resolution by title; BEAUCHAMP MOVED AND
BARNETT SECONDED TO EXTEND THE EXISTING CONTRACT FOR AN
ADDITIONAL 90 DAYS AND DIRECT STAFF TO PREPARE A BID PACKAGE
TO INCLUDE ALTERNATIVES FOR THE SIZE OF THE BUSES, 17/18 OR
23/24 PASSENGERS, AND KEEP ROUTE 3 PRIVATIZED FOR A THREE
YEAR PERIOD. The motion failed by a 3 -3 roll call vote; Mattson, Buchanan and
Sims voting nay; Puccinelli absent.
7. PUBLIC HEARING ON AUTOMATED REFUSE COLLECTION SYSTEM
• Public hearing was opened
Mayor Place opened the public hearing and read a note received from Edward F.
Meyer, 1014 South 23 who said he did not want his refuse bill doubled
to get a 90 gallon container as he cannot fill a 30 gallon can per week. It was
clarified that Mr. Meyer would still be eligible for a 32 gallon container at the
current one can rate.
There was discussion about dead -end alleys and areas where the automated
refuse truck could not maneuver. Nancy Fortier, Refuse Manager, said other
cities have created one route that would go throughout the city and pick up in
various areas using a semi - automated program.
Lynne Kittelson, 305 North 9 Street, said the Northeast Yakima Neighborhood
Association endorses the automated system as it has done wonders for the
cleanliness of the area.
• Mayor Place closed the public hearing
MATTSON MOVED AND BUCHANAN SECONDED TO APPROVE THE
CHANGE IN RESIDENTIAL REFUSE SERVICE FROM THE CURRENT
MANUAL COLLECTION TO AN AUTOMATED SYSTEM, TO APPROVE THE
SEVEN YEAR IMPLEMENTATION PLAN, AND DIRECT STAFF TO BRING
BACK THE APPROPRIATE LEGISLATION FOR APPROVAL. The motion
carried by unanimous roll call vote; Puccinelli absent.
CITY MANAGER'S REPORTS
*8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
MEMORANDUM OF UNDERSTANDING WITH CONGDON ORCHARDS, INC.
RESOLUTION NO. R- 2001 -74, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a Memorandum of Understanding with Congdon
Orchards, Inc. •
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9. CONSIDERATION OF REQUEST FOR WAIVER OF FEES FOR AN APPEAL
APPLICATION FILED BY WYLIE MILLS
Dan Valoff, Associate Planner, explained this request for a waiver was for an
appeal of the Hearing Examiner's interpretation for 1716 West Yakima Avenue.
Mr. Mills did not pay the required $127 claiming he was impoverished and had
made a motion in Superior Court of informa pauperous. After discussion and
Mr. Mills advising he wants the appeal to be heard in Superior Court, the request
was withdrawn.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
CONTRACT AMENDMENT WITH FLOYD AND SNIDER, INC. FOR KISSELL
PARK CONSTRUCTION PHASE PROFESSIONAL SERVICES
RESOLUTION NO. R- 2001 -75, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute a contract modification regarding
an environmental consulting services contract with Floyd & Snider, Inc., in order
to complete environmental cleanup of Kissel Park, Yakima, Washington.
*11. CONSIDERATION OF RESOLUTION DECLARING LAWN MOWER SURPLUS
EQUIPMENT AND AUTHORIZING ITS DISPOSITION
RESOLUTION NO. R- 2001 -76, A RESOLUTION declaring the 1978 Toro
Parkmaster Gang Mower and the 72 -inch Trim lawn mower surplus and
authorizing the sale of the 1978 Toro mower to the Upper Valley Sports and
Recreation Association and the sale of the 72 -inch Trim lawn mower to the •
Yakima Greenway Foundation.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH YMCA TO PROVIDE SUMMER PLAYGROUND
PROGRAM AT MILLER PARK
RESOLUTION NO. R- 2001 -77, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute an agreement between the City of Yakima and the
Yakima Family YMCA to provide a summer playground program at Miller Park.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH ALLIED ARTS COUNCIL FOR SUMMER ARTS
ACTIVITIES PROGRAM FOR YOUTH
RESOLUTION NO. R- 2001 -78, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute an agreement between the City of Yakima and the
Allied Arts Council of Yakima Valley, to provide a visual and performing arts
program for youth.
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MAY 15, 2001
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH YAKIMA SOFTBALL ASSOCIATION TO PROVIDE
FASTPITCH SOFTBALL PROGRAM
RESOLUTION NO. R- 2001 -79, 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.
*15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH
PUBLIC UTILITY DISTRICT NO. 1 OF LEWIS COUNTY '
RESOLUTION NO. R- 2001 -80, A RESOLUTION authorizing the execution of an
Intergovernmental Cooperative Purchasing Agreement with Public Utility District
No. 1 of Lewis County.
16. CONSIDERATION OF RESOLUTION GRANTING APPEAL BY TERRY M.
KLEPPIN BASED ON AGREEMENT AMONG INTERESTED PARTIES
RELATING TO HOURS OF OPERATION OF BUSINESS LOCATED AT SOUTH
32 AVENUE AND NOB HILL BOULEVARD
MATTSON MOVED AND SIMS SECONDED TO AMEND THE RESOLUTION
SO ALL REFERENCES SAY 12:00 A.M. (MIDNIGHT). The motion carried by 5 -0
roll call vote; Puccinelli and Buchanan absent.
The City Clerk read the resolution by title; SIMS MOVED AND BEAUCHAMP
SECONDED TO ADOPT THE RESOLUTION. The motion carried by 5 -0 roll call
vote; Puccinelli and Buchanan absent.
RESOLUTION NO. R- 2001 -81, A RESOLUTION granting, on the basis of an
agreement among' interested parties, the appeal (UAZO #1 -01) by Terry M.
Kleppin regarding hours of operation approved in the Hearing Examiner's
February 13, 2001, Decision approving, subject to certain conditions, several
different uses of property at the west of South 32" Avenue along the south side
of West Nob Hill Boulevard.
*17. CONSIDERATION OF RESOLUTION SETTING JUNE 28, 2001 AS THE DATE
OF PUBLIC HEARING BEFORE THE HEARING EXAMINER TO CONSIDER
PETITION FILED BY LEE AND KAREN CURRY TO VACATE A PORTION OF '
KING STREET BETWEEN SOUTH 7 AND 8 AVENUES
RESOLUTION NO. R- 2001 -82 A RESOLUTION fixing time for public hearing
before the Hearing Examiner on June 28, 2001, on a petition filed with the City
Clerk by Lee & Karen Curry to vacate a segment of King Street between South 7th
& 8 Avenues.
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*18. CONSIDERATION OF RESOLUTION ACCEPTING FIRST QUARTER 2001
CLAIMS REPORT
RESOLUTION NO. R- 2001 -83, A RESOLUTION accepting and approving the 1St
Quarter 2001 Insurance Claims Report.
*19. APPROVAL OF REPORTS FROM FINANCE DEPARTMENT REGARDING:
A. FOURTH QUARTER 2000 TREASURY REPORT
The Fourth Quarter 2000 Treasurer's Report was approved and accepted.
B. FIRST QUARTER 2001 REVENUE AND EXPENDITURE (BUDGET)
REPORT
The First Quarter 2001 Revenue and Expenditure (Budget) Report was approved
and accepted.
C. FIRST QUARTER 2001 ACCOUNTS RECEIVABLE REPORT
The First Quarter 2001 Accounts Receivable Report was approved and accepted.
*20. APPROVAL OF YEAR -END 2000 MEDICAL INSURANCE REPORT
The 2000 Year -End Medical Insurance Report was accepted and approved.
*21. APPROVAL OF 2000 ANNUAL FIRE DEPARTMENT REPORT
The 2000 Annual Report of the City of Yakima Fire Department was approved.
*22. SET DATE OF PUBLIC HEARING FOR JUNE 5, 2001 ON COUNCIL
REDISTRICTING OPTIONS
June 5, 2001 was set as the date of public hearing to consider revisions of the
City of Yakima Council District boundaries.
ORDINANCES
23. CONSIDERATION OF LEGISLATION RELATING TO 2000 WATER COST OF
SERVICE AND RATE STUDY:
A. RESOLUTION,ADOPTING THE 2000 WATER COST OF SERVICE AND
RATE STUDY
Bill Hambleton, 615 South 32 Avenue, had questions regarding the reduced
irrigation rate based on the water /sewer usage during the high winter months. He
spoke with staff prior to the meeting and said they had answered his questions.
He did recommend that the 3 to 4,000 people that are on this program should be
notified so they understand the impacts.
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MAY 15, 2001
The City Clerk read the resolution; SIMS MOVED AND BEAUCHAMP
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous
roll call vote; Puccinelli absent.
RESOLUTION NO. R- 2001 -84, A RESOLUTION adopting the 2000 Water Cost
of Service and Rate Study for the City of Yakima, Washington.
B. ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO RATES
FOR WATER SERVICES
The City Clerk read the ordinance; SIMS MOVED AND BEAUCHAMP
SECONDED TO ADOPT THE ORDINANCE. Council Member Barnett
questioned a reference on page 5 of the ordinance to a map in Section 768.035
•
stating the appropriate map is not in that Section of the Yakima Municipal Code.
SIMS WITHDREW HIS MOTION AND BEAUCHAMP WITHDREW HIS
SECOND. BUCHANAN MOVED AND BEAUCHAMP SECONDED TO TABLE
THIS ITEM UNTIL IT IS CORRECTED. The motion carried by a 5 -1 roll call vote;
Place voting nay and Puccinelli absent.
*24. CONSIDERATION OF ORDINANCE APPROVING VACATION OF PORTIONS
OF MAVIS AVENUE AND KNOBEL STREET REQUESTED BY LIVING CARE
CENTERS
ORDINANCE NO. 2001-23, AN ORDINANCE vacation portions of Mavis Avenue
and Knobel Street
25. CONSIDERATION OF ORDINANCE AMENDING THE UNIFORM BUILDING
CODE RELATING TO CONSTRUCTION STANDARDS (AVAILABLE FRIDAY)
• Staff presents local amendments to the Uniform Building Code.
Doug Maples, Planning and Code Enforcement Manager, thanked the committee
that participated in creating the local amendments and was available to answer
questions. Council Member Barnett questioned the portion of the amendments
that allowed the Building Official the power to adopt supplemental regulations.
During the discussion that followed it was clarified that the Building Code Board
of Appeals would be the body that would address any complaints and would
have the ability to change the Building Official's decisions. The City Clerk read
the ordinance by title; SIMS MOVED AND BEAUCHAMP SECONDED TO
PASS THE ORDINANCE. The motion carried by unanimous roll call vote;
Puccinelli absent.
ORDINANCE NO. 2001-24, AN ORDINANCE relating to building codes and
related regulation, and amending certain provisions of the State Building Code to
establish the City of Yakima Building Code.
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MAY 15, 2001
26. OTHER BUSINESS
• Information Items:
Items of information provided to Council were: Agenda for the May 16, 2001 Yakima
Valley Conference of Governments General Membership meeting and minutes of its
March 21, 2001 meeting and the agenda for the May 21, 2001 Yakima Valley Conference
of Governments Executive Committee meeting and minutes of its April 16, 2001 meeting;
Planning Division Assignments Pending Report as of May 15, 2001; Agenda for May 22,
2001 Cemetery Task Force meeting and minutes of its April 17, 2001 meeting; Minutes of
the April 26, 2001 EMS Formula Committee; Article from May 6, 2001 Seattle Times,
"Learn Your Lesson: Don't Pick the Fairgrounds "; and Articles from the Spokesman -
Review: "Add Nordstrom Slump to Downtown Mall Saga "; "Loan Default Could
Jeopardize City Block Grant "; "City could Default on Loan, Council Hears "; and "Garage
Developer Returns to Court in Pursuit of Loan ".
27. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING AND
PENDING LITIGATION
MATTSON MOVED AND SIMS SECONDED TO MOVE INTO EXECUTIVE
SESSION AT 5:52 P.M. FOR APPROXIMATELY 20 MINUTES TO DISCUSS
COLLECTIVE BARGAINING AND PENDING LITIGATION WITH
ADJOURNMENT THEREAFTER TO JUNE 5, 2001 AT 7:30 A.M. IN THE
COUNCIL CHAMBERS FOR STUDY SESSION ON ALTERNATIVE TREE
ORDINANCES.
28. ADJOURNMENT
Following the conclusion of the Executive Session, the meeting adjourned at
6:23 p.m. ,ff/4 READ A ND CERTIFIED ACCURATE BY: ( a
U NCIL MEMBER A E 1/4
COUNCIL M BER DA
ATTEST:
2 /
CITY CLERK RY PLACE, MAYOR
Minutes prepared by Linda Watkins and Karen Roberts. An audio and video tape of this meeting are
available in the City Clerk's Office
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