CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
OCTOBER 21, 2003 – 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Paul George, John Puccinelli, and Bernard Sims
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
2. Invocation/Pledge of Allegiance
Council Member Puccinelli 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
Week Without Violence
Mayor Place read a proclamation declaring October 19-25, 2003 as Week
Without Violence. Jennifer Reisbic from the YWCA was present to accept
B. Special Introduction:
Tim Trottier was introduced as the CEO of the Yakima Regional Medical
Center (HMA). One of the many commitments HMA made when they came
into town was to report regularly to the city and the community on progress in
healthcare in the valley. Mr. Trottier reported the 1,000 jobs at the hospital
are more secure today than ever before. He also announced the addition of
an MRI to their campus, a service never before available on a hospital
campus in Yakima. He advised that there are two construction projects in
the works; a premier open-heart care center, and expanding the emergency
department. They expect construction on the heart care center to begin in
January with completion by April 2004, and have hopes of completing the
emergency department expansion by September 2004.
C. Status report on prior meeting’s citizen service request (if applicable)
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. Item No. 12 was removed from the Consent Agenda. The City
Clerk read the Consent Agenda items, including resolutions and ordinances by
title. GEORGE MOVED AND SIMS SECONDED TO ADOPT THE CONSENT
AGENDA AS READ. 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.)
OCTOBER 21, 2003
*A. Approval of the minutes of the September 30, 2003 Adjourned Business
Meeting and October 7, 2003 Special and Business Meetings
The minutes of the September 30, 2003 Adjourned meeting and October 7, 2003
Special 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
Pat McCarthy, 709 Beacon Avenue, spoke about the graffiti problem. In a
conversation with a City employee who paints over the graffiti in the city, he
discovered he has a regular route. Mr. McCarthy suggested that, if the graffiti is
happening in the same place regularly, we could use a small video camera to
catch the perpetrators. He implored the City Council to not let the kids get away
with this. Mayor Place explained the new legislation on graffiti and how it is taking
some time to get it set up. Larry Mattson, 2810 Shelton Avenue, spoke for the
Graffiti Committee and talked about the diversion program. It was suggested that
a status update be given at the next Council Meeting on November 4th.
Rick Beck, German instructor for the West Valley School District, presented the
offer from Gustrow, Germany to become a sister city. He distributed information
and gifts from the City Council and Mayor of Gustrow. Gustrow is a city in the
north of eastern Germany and has developed a history with Yakima with exchange
teachers and students for several years. Beyond exchange students, there have
also been visits each way by local choirs. An exchange teacher, Ilka Heinrichs, will
be bringing an official letter to Mayor Place on Thursday. Mayor Place said the
City would look into the proper procedure for establishing the sister city
Peter Dell, Custom Remodeling, Inc., spoke as a concerned taxpayer about
Initiative 841. He asked what the impact the failure of this initiative would have on
city employees and their jobs? He questioned the City’s budgetary plans if the
initiative failed. He urged the Council to support passage of this initiative. City
Manager Zais responded that the initiative is a policy decision for the voters of the
state and is a mandate that L&I has prescribed for all employees. He claimed the
City will do whatever is required.
Neil McClure, 5708 Englewood Avenue, thanked citizens of Yakima for an
outstanding Operation Harvest. He claimed the 21st annual Operation Harvest was
an outstanding success receiving over 87,000 lbs of food and over $22,000
Mike Murphy, 4411 Snow Mountain Road, referred to a status request he made
two weeks ago on the Jude Doty project and complained he hadn’t received
anything yet. Joe, Caruso, Supervising Code Inspector, said the progress report
was delayed because there wasn’t a lot of activity to report. It was requested that
a progress report be issued every other week even if there was little activity.
OCTOBER 21, 2003
Ed Cunnington,108 North 45th Avenue, expressed the frustration he and his
neighbors have felt over the Doty project. He described the ongoing problems with
dust and mud and his concern that they will go through another winter without the
problems being resolved.
Jim Evans, 4405 Summitview Avenue, repeated his previous Council
appearances regarding problems he has experienced in contracting with the City.
He claims that no one at the City will sit down and listen to him and, as a result, he
would be taking them to court. Bob Tenney with Meyer, Fluegge and Tenney at
230 S 2nd street, said they did an independent review of the situation with Kissel
Park. In reviewing the contract, the allegations, and all the paperwork, they
concluded that the claims were not appropriate to pay. Mr. Evans is correct that
the contract provides specific remedies if he thinks his company has not been
treated fairly but those remedies are not in this forum or with these decision
CITY MANAGER'S REPORTS
6. Consideration of Resolution authorizing the transfer of a portion of Larson
Park (known as Noel Field) to Yakima Valley Community College
Chris Waarvick opened the item for discussion noting that if the resolution passed,
Noel field would be transferred to the college for their purposes. The item has
gone through an extensive SEPA environmental process. Yesterday was the last
day of the appeal period and no appeals were received. The City Clerk read the
resolution by title only; SIMS MOVED AND GEORGE SECONDED TO ADOPT
Ann Miller, 5711 Richey Road, said, that although she is on the Board of Trustees
for the College, she was speaking today as a resident and taxpayer. She spoke in
support of the property transfer saying the college wishes the best for the
community and hopes the community will join with them to figure out what kinds of
programs are needed and what kinds of things we can be doing as a community.
Nancy Kendrick, South 18 Avenue, spoke against the property transfer saying it
was not part of Rose Larson’s plan.
Scott Willson, 66th Avenue, spoke against the property transfer.
Larry Mattson, 2810 Shelton Avenue, noted he thought the College’s master plan
must go through the SEPA process and that would allow another opportunity for
the community to comment. Mayor Place said it would be looked into.
Jim Scoggins, 4603 Conestoga Boulevard, referenced an earlier property transfer
in which the City Council included the original covenants. He recommended that, if
this transfer is completed today, it should be under the same terms that
accompanied the previous transfer of the larger portion.
OCTOBER 21, 2003
Bill Fowler, 2207 Barge Street, agreed with Mr. Scoggin’s recommendation. He
claimed the effect of this proposed amendment to the motion would be to make it
quite clear to the public that this council respects the wishes of the grantor of the
land and wishes to honor those wishes.
SIMS MOVED AND GEORGE SECONDED TO AMEND THE MOTION TO
INCLUDE THE COVENANTS WITH THE DEED OF TRANSFER. The motion
carried by unanimous voice vote. The question was called for a vote on the
amended resolution. The motion carried by a unanimous roll call vote.
RESOLUTION NO. R-2003-131, A RESOLUTION authorizing and directing the
transfer of a portion of Larson Park to Yakima Valley Community College, and
authorizing and directing the City Manager of the City of Yakima to execute all
necessary documents with and in favor of Yakima Valley Community College
necessary to transfer said property to Yakima Valley Community College.
7. Presentation of the 2004 Budget Forecast and set dates of public hearings
A. November 4, 2003 to consider Ad Valorem Property Tax legislation
November 4, 2003 was set as the date of public hearing to consider the
2004 Ad Valorem Tax.
B. November 18, 2003 on the 2004 Proposed Budget
Mayor Place announced that we will be having a public hearing on the ad valorem
tax and because the implicit price deflator is more than 1% this issue will only
require a majority vote rather than a super majority as in the past.
City Manager Zais gave opening comments on the City’s 2004 Preliminary Budget
Forecast covering the following major points:
Austere budget framed within existing resources
No new taxes to balance budget
The general government budget for 2004 is $46.5 million compared to 2003 of
Total budget is nearly $137 million compared to an amended 2003 budget of
$149 million (amended by $7 million on the odor settlement)
Constrained revenue growth, therefore, must contain and restrain spending
Increases in fixed, mandated, and contractual costs (salaries, medical costs,
liability insurance, pensions) of close to a million dollars in the general budget,
but did not increase the budget by a million, rather reduced expenses to
Many uncertainties pertaining to annexation, the economy, the settlement of
Possibility we may not be able to afford all desired public services
Prepared a contingency reduction plan calling for an additional 5% reduction in
general government spending
Described investments in economic development initiatives and activities that
are improvements to the community
OCTOBER 21, 2003
Public infrastructure - Over the next 3-5 years will invest $70 million in the
community that will provide jobs
We’re trying get federal and state resources
Will be investing in local contractors rather than adding employees
Full array of city services costs a family of four about $1800 a year– compares
favorably to other jurisdictions
Randy Beehler, Telecommunications Manager, presented the budget process
through a Power Point demonstration. It covered the status of the City’s budget,
how the revenue compares to costs, what is being done to stay balanced, and
what the future may hold for the budget. The bottom line was that something has
to change with regard to the budget. The City is soliciting volunteers for a budget
strategy team made up of citizens and Council members to develop a strategy to
keep the community fiscally strong.
GEORGE MOVED AND SIMS SECONDED TO SET NOVEMBER 4, 2003 AS
THE DATE OF PUBLIC HEARING TO CONSIDER THE 2004 AD VALOREM TAX
AND TO SET NOVEMBER 18, 2003 AS THE DATE OF PUBLIC HEARING FOR
THE 2004 PROPOSED BUDGET. The motion carried by unanimous voice vote.
Following a brief break, the meeting reconvened at 4:10 p.m.
*8. Consideration of Resolution authorizing the execution of a Quitclaim Deed
and other documents for the sale and transfer of property at 1008 South
Naches Avenue to the Noel Corporation
RESOLUTION NO. R-2003-132, A RESOLUTION directing and authorizing the
City Manager of the City of Yakima, or his designee, to execute a Quitclaim Deed
and all other documents necessary for the sale and transfer of a certain parcel of
City property lying adjacent to and directly north of property that is commonly
known as 1008 South Naches Avenue, Yakima, Washington, the legal description
of which is attached hereto and incorporated by reference herein as Exhibit “A” to
the Noel Corporation and to take any additional actions that may be necessary to
sell said property.
*9. Consideration of Resolution authorizing permit, and waiving permit fee, for
public display of fireworks at Zaepfel Stadium for Eisenhower High School’s
homecoming on October 24, 2003
RESOLUTION NO. R-2003-133, A RESOLUTION granting a public fireworks
display permit to Eagle Fireworks and waiver of the $50.00 permit application fee
on behalf of Eisenhower high School ASB.
*10. Consideration of Resolution authorizing execution of agreement with I Corps
and Fort Lewis for Emergency Response Team Assistance in exchange for I
Corps services and equipment for the Police Department
RESOLUTION NO. R-2003-134, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a Mutual Aid Agreement with I Corps and Fort Lewis
for the purpose of providing Emergency Response Team and other assistance in
exchange for I Corps services and equipment.
OCTOBER 21, 2003
*11. Consideration of Resolution authorizing execution of professional service
agreement with Cabot Dow Association for labor negotiations consulting
RESOLUTION NO. R-2003-135, A RESOLUTION authorizing and directing the
City Manager to execute a professional services agreement with Cabot Dow
Associates, Inc. for the provision of labor negotiation consulting services.
12. Approval of final contract payment for Kissel Park Improvements project
(Standard Motion V-B; accept project and approve final payment)
Lynne Kittelson, 305 North 9th Street, questioned the information provided on this
item. She expressed concern about there being change orders of approximately
one-third the original bid and questioned why there is still a drainage problem. Kay
Adams, City Engineer, said the change orders were to handle changed conditions,
additional quantities of soil, and also included payment for demobilization and
remobilization of equipment. He agreed that the change orders were excessive.
He said they were putting in a drainage retention trench that is not included in the
contract payment. Originally there were drains around the playing courts
themselves but the contractor said that was west-side technology and not needed.
But, there was also the need for more drainage on the site. Council Member
Puccinelli asked for a breakdown on the costs to fix this project. Mr. Adams said
the drainage was not included in the original design. Although there were reasons
why, they were not discussed. He estimated it would cost approximately $45,000
to correct the drainage. SIMS MOVED AND GEORGE SECONDED TO
APPROVE FINAL CONTRACT PAYMENT. The motion carried by unanimous
*13. Set date of public hearing for November 4, 2003 for a closed record public
hearing to consider the Hearing Examiner’s recommendation on the rezone
of property located at the NE corner of Douglas Drive and North 42nd Avenue,
requested by Dr. Michael Taylor
November 4, 2003 was set as the date of closed record public hearing on a rezone
requested by Dr. Michael Taylor for property located at the NE corner of the
intersection of Douglas Drive and North 42nd Avenue.
14. Consideration of options to enact the recommendations of the Capital
Facilities Committee re the rebuilding/paving of arterial streets and alleys
presented as follows:
Option 1: Consideration of ordinance amending Municipal Code enacting
increase in City public utility taxes by 3% for City water, sewer,
Refuse Division and Nob Hill Water to finance Councilmatic
Bonds for funding arterial street improvements/gravel streets
Also, consideration of draft ordinance amending Municipal Code
and enacting a second quarter percent real-estate excise tax for
arterial street maintenance and gravel streets
OCTOBER 21, 2003
Option 2: Consideration of ordinance amending Municipal Code enacting
increase in City public utility taxes by 3% for city water, sewer,
Refuse Division and Nob Hill Water to establish on-going
resources to finance arterial street improvements without issuing
Also, consideration of ordinance amending Municipal Code and
enacting a second quarter percent real-estate excise tax for
arterial streets maintenance and gravel streets
Option 3: Consideration of ordinance calling for a municipal election/ballot
proposition to increase private utility taxes for telephone, power
and gas by 1% to generate resources for arterial street
improvements and gravel streets without issuing bonds.
Also, consideration of draft amending Municipal Code and
enacting a second quarter percent real-estate excise tax for
arterial streets maintenance and gravel streets
Option 4: Revise or amend any of the above options
Option 5: Take no action on these recommendations (do nothing)
PUCCINELLI MOVED AND BARNETT SECONDED TO APPROVE OPTION 5 AND
TAKE NO ACTION ON THESE RECOMMENDATIONS.
Mary McDaniels, 905 Walker Street, said that as a bus rider and a pedestrian
there is an urgent need to do something about the lack of sidewalks as a safety
issue. She also commented that road conditions are horrible and something
must be done. In her opinion, doing nothing is not an acceptable option. Council
Member Barnett clarified that this isn’t an option to do nothing, but to take no
action on these particular recommendations.
Ron Anderson, 605 South 53rd Avenue, spoke about the recent forum at the
Sundome for first time homebuyers saying it was flooded with people who
currently are renters looking to buy their first home. Most of them are very low
income with borderline ability to purchase property. Because of this, he supports
the motion to take no action. He claimed the increase in utility taxes and the
proposed increase in the real estate tax will take many of the people out of the
home buying market.
Bill Hambleton, 615 South 32nd Avenue, agreed with the motion to take no
action on this document. He recommended the City do what they can for now
until we can get out of the financial hole we’re in throughout the entire state. His
main point was that we have to keep the roads going but we cannot afford the
economics of taxing utilities to pay for it.
Lynne Kittelson, 305 North 9th Street, invited Council to take a ride on the bus
for a first-hand look at the streets that need fixing. She also recommended the
Council look at the Jacksonville, Florida plan that she became aware of through
Henry Luke. She also chastised Council in the way they treat people who come
into the Council meetings.
Larry Mattson, 2810 Shelton Avenue, said the fundamental issue is maintaining
and improving the streets we have inherited. He referred to damage claims the
City receives because of damage incurred on ill repaired roads. He claimed that
274 cities in the state have adopted the second ¼% Real Estate Tax and make it
OCTOBER 21, 2003
work. He alluded to opportunities for resources available to the new homebuyer
and explained that the tax was approved by the Legislature as an alternative to
impact fees because impact fees were seen as a death sentence to
homebuilding. He is in favor of option 4, adopting ¼% Real Estate Tax that is
predicted to generate about $400,000 a year. He also recommended that the
City staff annually prepare a two-page status report taking technical information
and turning it into a format that people can understand. Council members got
involved in the discussion on 1) a simple project turned complex, 2) Title 12
standards, and 3) taxation not being the only means to resolve the problem.
Neil McClure, 5708 Englewood Avenue, said he was speaking as a citizen not
as the Chairman of the committee or a City Council Candidate. He supported
Option 4, and broke it down into three areas;
Recommend the City not form any 50/50 partnerships for residential streets
as they are always the responsibility of the homeowner.
Recommend forming a committee consisting of Council, citizens, business
owners, etc. to look into other funding beyond taxes. Let the people be part
of the solution.
Maintenance of the arterial streets go to the people for a vote, but first make
sure people are informed using multiple forums to explain options and
leveraging dollars, the potential of taxing public utilities.
Title 12 standards again came up for discussion.
The question was called for a vote on the motion. The motion failed by 3-2
roll call vote; Place, Sims, and George voting nay.
Council Member Barnett expressed his believe that this is the wrong source of
money to support roads and spoke about the high percentage of people below
the poverty level in Yakima.
The City Clerk read the ordinance by title only; GEORGE MOVED AND SIMS
SECONDED TO PASS THE ORDINANCE APPROVING THE SECOND
QUARTER PERCENT REAL ESTATE TAX FOR STREET IMPROVEMENT
AND DEVELOP A PAY-AS-YOU-GO PLAN. Council Member Puccinelli spoke
against this motion saying it will be a roadblock to growth for the city.
Kevin Patrick, owner of property and two businesses in Yakima, said that
business owners are fed up. He spoke about the recent utility tax increase and
the huge L&I increase, and that this just adds fuel. He claimed Yakima’s streets
are beautiful compared to other cities in the nation and it’s ridiculous to think they
are in dire straights. Union Gap has had the trashiest streets in the valley for
years and years, yet that is where business is moving.
Sandra Swanson, 6 South 2nd Street, said increasing taxes is not the answer.
Mike Murphy, 4411 Snow Mountain Road, agreed with Council Member
Puccinelli that if the city keeps raising taxes everyone will move to Union Gap.
The question was called for a vote on the motion. The motion carried by 3-2
roll call vote; Barnett and Puccinelli voting nay.
OCTOBER 21, 2003
ORDINANCE NO. 2003-65, AN ORDINANCE relating to the real estate excise
tax of Chapter 3.79 of the City of Yakima Municipal Code; imposing an additional
quarter percent (.25%) real estate excise tax to financing capital projects
specified in the City of Yakima capital facilities plan element of the
Comprehensive Plan; and amending Sections 3.79.010, 3.79.030, and 3.79.040
of the City of Yakima Municipal Code.
Discussion continued on the idea of forming a committee to globally review
needs, funding, Title 12 standards, and holding city-wide forums for people to get
a better understanding of costs and benefits. SIMS MOVED AND GEORGE
SECONDED TO ESTABLISH A FORUM OF ALL STAKE HOLDERS TO
REVIEW OPTIONS TO DEAL WITH THE FUTURE OF STREET REPAIR
NEEDS. This would allow all interested parties the chance to review options
whether it is cost efficiency, revenue controls including the ones presented to
date, and standards. The motion carried by 4-1 roll call vote; Barnett voting nay.
The City Clerk read the resolution by title only; SIMS MOVED AND GEORGE
SECONDED TO ADOPT THE RESOLUTION. It was clarified that the additional
quarter percent tax will be collected but not spent until it comes back to Council
for approval. The question was called for a vote on the motion. The motion
carried by 4-1 roll call vote; Puccinelli voting nay.
RESOLUTION NO. R-2003-136, A RESOLUTION to direct consideration of
recommendations from the Capital Facilities Committee as revised or amended
by the Yakima City Council regarding arterial and gravel street financing options
to the Transportation Plan Update and Capital Facilities Plan Update of the
Yakima Urban Area Comprehensive Plan.
*15. Second reading of ordinance amending the 2003 budget and appropriating
funds for odor litigation settlement and mandated Wastewater Treatment
An Ordinance amending the 2003 budget and appropriating funds for the odor
litigation settlement and mandated Wastewater Treatment Plant improvements,
previously having been read by title only, was brought before the Council for a
ORDINANCE NO. 2003-66, AN ORDINANCE amending the 2003 budget for the
City of Yakima; and making appropriations to provide for settlement costs of the
odor litigation and certain capital improvements to the City’s wastewater system
from Unappropriated Fund Balances within various Funds for expenditure during
*16. Second reading of ordinance amending the 2003 budget and appropriating
funds for Refuse employee retirement cash-out and temporary staffing
An Ordinance amending the 2003 budget and appropriating funds for Refuse
employee retirement cash-out and temporary staffing, previously having been read
by title only, was brought before the Council for a second reading.
OCTOBER 21, 2003
ORDINANCE NO. 2003-67, AN ORDINANCE amending the 2003 budget for the
City of Yakima; and making an appropriation of $20,000 in the 471 – Refuse Fund
for expenditure during 2003 to provide for a retirement cash-out and temporary
17. Other Business
Items of information provided to Council were: Agenda for the October 21, 2003 City
Council Transit Committee meeting; Notice of October 20, 2003 Focus Forum Luncheon
and October 21, 2003 Chamber of Commerce Business After Hours ; Agenda for the
October 23, 2003 Hearing Examiner meeting; Planning Assignments Pending as of the
Week of October 21, 2003; Agenda for the October 13, 2003 Parks and Recreation
Commission meeting and minutes of its September 8, 2003 meeting; and U.S. Mexico
Sister Cities September 2003 newsletter
18. Executive Session regarding Collective Bargaining, and Pending /
SIMS MOVED AND GEORGE SECONDED TO ADJOURN TO EXECUTIVE
SESSION ON PENDING/PROSPECTIVE LITIGATION FOR APPROXIMATELY
30 MINUTES FOLLOWED BY ADJOURNMENT TO NOVEMBER 4, 2003 FOR A
STUDY SESSION ON MANDATED PRETREATMENT ORDINANCE. The motion
carried by unanimous voice vote.
Following the Executive Session, the meeting adjourned at 6:42 p.m.
READ AND CERTIFIED ACCURATE BY ______________________________________
COUNCIL MEMBER DATE
COUNCIL MEMBER DATE
CITY CLERK MARY PLACE, MAYOR
Minutes prepared by Linda Watkins. A tape of this meeting is available in the City Clerk’s Office