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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 • 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. 2 1 O MAY 15, 2001 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. 2 21.1 MAY 15, 2001 • 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 3 212 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. 4 MAY 15, 2001 213 • 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. • 5 214 MAY 15, 2001 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. 6 • 215: 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. 7 21 6 • MAY 15, 2001 *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. 8 217 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. 9 218 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 10