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HomeMy WebLinkAbout06/16/1992 Business Meeting 3 2 CITY OF WASHINGTON JUNE 16, 1992 BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 P.M. in 1/ the Council Chambers of City Hall, Yakima, Washington. Assistant Mayor Lynn Buchanan presiding, Councilmembers Clarence Barnett, Bill Brado, Skip Semon and Bernard Sims present on roll call. Mayor Pat Berndt and Councilmember Henry Beauchamp absent and excused. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Clerk Harris also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER It was the general consensus of the Council to reverse discussion of Items Nos. 10 and 11. 4. CONSENT AGENDA Assistant Mayor Buchanan referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Councilmembers or citizens present. It was the general consen of the Council to add Item No. 12 and remove Item No. 13. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BRADO, THAT THE CONSENT AGENDA, AS AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote; Beauchamp and Berndt absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF THE MINUTES OF MAY 12, 1992 ADJOURNED AND BUSINESS MEETINGS The Council minutes of the May 12, 1992 Adjourned and Business meetings were approved, having been duly certified accurate by two Councilmembers and no one p resent wishing to have said minutes read publicly. 6. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR NACHES SCHOOL DISTRICT WATER LID (TO BE CONTINUED ON 6/23/92) This being the time set for public hearing, Ty Wick, Water and Irrigation Supervisor was present to answer questions. Assistant Mayor Buchanan asked for anyone wishing to speak to the issue. There being none, Mr. Buchanan closed the public 33 0' JUNE 16, 1992 hearing. This will be continued to June 23, 1992, at which time the public will again be given the opportunity to speak. 7. AUDIENCE PARTICIPATION I/ None 8. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM Code Administrator Manager Shampine was available for questions and reported that the owners of the weedy lots which were addressed by Mr. Andring last week have been notified. There was no citizen present to speak to the issue. Resolution No. D -6133 having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Beauchamp and Berndt absent. RESOLUTION NO. D -6133, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. 9. REPORT FROM ENGINEERING REGARDING REVISED DESIGN OF 32ND AVENUE /TIETON DRIVE AND REVISED PROPERTY ACQUISITION ESTIMATE Director of Engineering and Utilities Covell reviewed the staff's plans for the revised design of the radius returns at the intersection of Tieton Drive and 32nd Avenue. The existing traffic pattern will be retained and the right -of -way acquisition of the Lefors' property has been reduced as requested by the Council. An upgraded appraisal report is also upcoming. Councilmembers Barnett and Brado requested a clarification of the reduction of the Lefors° property, which was given by Mr. Covell. There will be sidewalks placed on both sides of Tieton Drive. It was MOVED BY SIMS, SECONDED BY SEMON, TO ACCEPT THE REPORT. Council - member Semon commented he spoke to neighbors in the area and he wishes it to be made clear that he has absolutely no intention of supporting any plans, either now or in the future, for the City to convert 32nd Avenue into four lanes. Bud Applegate, a neighbor of the Lefors, spoke in opposition to any future plans for making 32nd Avenue an arterial street. He requested a sign for "no free right turn" onto Tieton from 32nd Avenue. Bill Hambelton, 615 S. 32nd Avenue, discussed the signal light on Nob Hill and 32nd Avenue. He would like the signal to be reviewed when the Tieton and 32nd Avenue one is installed. Councilmember Barnett requested he restrict his 2 331 - JUNE 16, 1992 comments to Tieton -- arid - =32nd Avenue only. Mr. Hambelton agreed with Mr. Applegate that no free right turn should be allowed. He thanked the Council and staff for seeing that he and the other concerned neighbors receive current information on this issue. He discussed the City's Six and Ten Year 1/ Transportation Improvement Plans and stated they need to be made clearer to the public. He expressed his concern for the school children in the area. Walt Ranta, 5 S. 32nd Avenue, suggested making the signal on Tieton and 32nd Avenue a 24 -hour light for the benefit of the neighbors. Mr. Covell assured the Council this possibility would be researched. Mr. Ranta commented the residents of 32nd Avenue are worried that any improvements will generate more traffic. Councilmember Semon commented there will be more traffic in this area, as well as all areas of the City, simply because of the growth of the City. Councilmember Sims requested clarification of the Ten Year Plan for improvements on 32nd Avenue. Mr. Covell explained the street would need to remain on the plan to be eligible for funding for improvement of sidewalks and street lights. Councilmember Brado,...requested Mr. Covell read a note. The note stated: "Mr. Brado just received a phone call from Judy Lefors stating she didn't realize the issue would be discussed today and she; - .wishes the Council to know Tieton Street width is 44 feet, 9 inches times 5 lanes times 12 equals 60 feet. To meet State requirement they only need 15 feet, 3 inches, plus they presently have 7 1/2 feet of sidewalk, they need only 2 feet, 6 inches to equal 10. All they need on Tieton is 17 feet, 9 inches to bring to government regulations. The City's plan is taking 36 feet, double the State's requirement to begin on this project. I feel this can be cut in half, they are going to have over 18 feet that they do not need. They need to revise the Tieton plan, as well as 32nd. We are going to end up with 5 lanes as well as 18 feet, 3 inches of lane ". Mr. Covell stated this statement was not correct. He said the lane configuration at present is below standard. He explained the figures which are required; which will be shy 3 or 4 inches I/ of the minimum required standards. Following further discussion, the question was called for a vote on the motion. The motion carried by unanimous voice vote; Beauchamp and Berndt absent. 11. REPORT REGARDING WATER RIGHTS AND RECOMMENDED VOLUNTARY CONSERVATION PROGRAM This Item was considered out of sequence before Item No. 10. 3 332 JUNE 16, 1992 Councilmember Barnett stated he asked for this item to be discussed before Item No. 10 so the water rights could be discussed in detail first. Water and Irrigation Manager Wick was present with Attorney Floyd Ivey, legal representative for the City's water rights, I/ to answer questions. Councilmembers expressed concern if water conservation is recommended. Mr. Ivey discussed the adjudication of the water rights. He explained the priority system used for water rights. The reclamation project water rights are prorated. Yakima has a larger quantity of water rights that are not subject to this. proration; Junior rights are totally prorated. Mr. Wick commented that any conservation measures which the City undertakes, which would leave a reservoir level at the end of the year, would be an advantage to the City. Councilmember Barnett requested an explanation of the water rights listed in the charts, which Mr. Wick explained; some being surface water rights. Mr. Ivey stated the answers to some of Mr. Barnett's questions have been part of a lawsuit since 1977, and should only be answered in Executive Session. There is a lot of uncertainty concerning this issue. Salmon migration also enters into the issue. Councilmember Barnett asked if any water rights are gained by annexation. Mr. Ivey's reply was that this would not necessarily be automatic, that the water right would come separate. Mr. Wick stated if the City goes outside the boundaries of the Urban Area Boundary they would have to get new water rights. Mr. Wick informed the Council that it will cost approximately $600 to reproduce the information brochure to be sent to the public with the billings; the money is available in the present budget. Councilmember Sims asked if the water rights are not used, will they be lost; Mr. Ivey's reply was negative. A willingness to observe water conservation measures and public education on the issue was the general consensus of the Council. Following further discussion, it was MOVED BY SIMS, SECONDED BY BARNETT, TO ACCEPT STAFF RECOMMENDATIONS 1 -3 AND STAFF IS TO RETURN TO COUNCIL IN SEPTEMBER REGARDING RECOMMENDATION NO. 4. The motion carried by unanimous voice vote; Beauchamp and Berndt absent. 10. REPORT FROM WATER DIVISION REGARDING LEGISLATION ON FUTURE WATER SERVICE TO PROPERTY OWNERS OUTSIDE THE CITY LIMITS AND URBAN SERVICE BOUNDARY (GLEED /SUNTIDES REQUEST) Water and Irrigation Manager Wick reviewed the report and was present to answer questions. He stated he has also received a request from an existing business, Suntides Market, which has a failing water system and is out of compliance with the Department of Health regulations. There are four businesses in that center. It has been the staff's policy to only service existing developments and Mr. Johnson's request is for a new development. However, he was encouraged by the Department of Ecology and the County to approach the City 4 3 3 3 JUNE 16,'1992 about City water. Councilmember Barnett's concern is for providing water for the City of Yakima and not jeopardize the water or water rights of City residents. Planning Manager Skone discussed the Lower Naches Valley area as it relates to 1/ the City water system. It is largely zoned general rural. Mr. Skone believes the area does warrant utility service at some point, when and how being up to the Council. Mr. Wick said it would require new water rights to be able to service the Gleed area, it cannot be done under the existing water rights. City Manager Zais stated former City Attorney Fred Andrews researched the Gleed issue extensively At that time, it was the City Attorney's decision, that based upon 60 years of history of serving the Gleed system, that the City would continue to serve, at least, the existing customer base. Louie Wishert, representing Wally Johnson, discussed the expansion of the water lines to the proposed Recreation Vehicle (RV) Park. He stated they are already a customer; they are asking for extension of that service. He commented he could not understand how Suntides Market could be serviced as a new service and his request be denied when they already have service. Councilmember Brado emphasized the need for the RV Park and believes it will be an asset to the City. Following further discussion, it was MOVED BY BARNETT, SECONDED BY SIMS, TO APPROVE SERVICE TO SUNTIDES MARKET AND DEFER CONSIDERATION OF SERVICE TO PROPOSED RECREATION VEHICLE PARR UNTIL A LATER DATE.,,w.:, The,.motion passed by 4 -1 voice vote; Brado voting nay'Beauchamp and Berndt absent. *12. APPROVAL OF FIRE DEPARTMENT 1991 ANNUAL REPORT The 1991 Fire Department Annual Report was accepted. 13. CONSIDERATION OF RESOLUTION AUTHORIZING NEW PUBLIC WORKS TRUST FUND LOAN APPLICATION /SEWER SYSTEM REPLACEMENT Councilmember Barnett questioned what impact this would have on the sewer rate. Wastewater Superintendent Waarvick informed Mr. Barnett that it would be in the Fall, when the budgets and capital projects are reviewed, before he could give him a definite answer. He said there is a possibility there will be a raise. City Manager Zais explained that the Federal and State mandates, as well as maintenances costs continuing to rise, are causing rates to rise. He stated the rates have been stable for 6 -7 years. Resolution No. D -6134 having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The motion was carried by unanimous roll call vote; Beauchamp and Berndt absent. RESOLUTION NO. D -6134, A RESOLUTION authorizing the City Manager to sign all applications, loan agreements and 5 334 JUNE 16, 1992 amendments, and other documents relating to Public Works Trust Fund wastewater treatment facility planning, design, and construction loan financing. *14. CONSIDERATION OF RESOLUTIONS AUTHORIZING DISPOSITION OF SURPLUS PROPERTY A. FIRE AND BURGLAR ALARM ACCESSORY UNIT I/ RESOLUTION NO. D - 6135, A RESOLUTION authorizing the sale of a Fire and Burglar Alarm Accessory Unit to Rainbow Electric. B. SOUP POT RESOLUTION NO. D - 6136, A RESOLUTION declaring one used soup pot surplus and without value and authorizing its transfer to the union Gospel Mission. *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH LAKE ASPEN OFFICE PARK FOR BUS USE LICENSE RESOLUTION NO. D - 6137, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Bus Use license Agreement for the use of Lake Aspen Office Park Property for transit purposes. *16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ICMA FOR MONEY PURCHASE PLAN AMENDMENTS TO COMPLY WITH FEDERAL IRS REQUIREMENTS RESOLUTION NO. D - 6138, A RESOLUTION authorizing execution of an ICMA Retirement Corporation Prototype Money Purchase Plan Adoption Agreement; providing for amendments to the Money Purchase Plan to meet Federal Internal Revenue Service requirements; and providing for authorization for the Director of Finance & Budget to execute future plan amendments. *17. CONSIDERATION OF RESOLUTION PROVIDING FOR FREE SHUTTLE BUS SERVICE TO THE FAIRGROUNDS ON JULY 4, 1992 RESOLUTION NO. D - 6139, A RESOLUTION providing for free shuttle bus service to the Yakima County Fairgrounds on July 4, 1992. *18. SET DATE OF PUBLIC HEARING FOR JULY 9, 1992 BEFORE THE HEARING EXAMINER ON THE RIGHT -OF -WAY VACATION PETITION (PORTION OF S. 23RD AVENUE) RESOLUTION NO. D -6140, A RESOLUTION fixing time for public hearing before the Hearing Examiner on July 9, 1992 on a 6 ._. .. 335 JUNE 16, 1992 petition to vacate a"pbrtion of the undeveloped right -of -way for 23rd Avenue located between MacLaren Street and St. Helens Street. *19. APPROVAL OF REPORTS FROM DEPARTMENT OF FINANCE AND BUDGET: 1/ A. FIRST QUARTER 1992 ACCOUNTS RECEIVABLE REPORT The First Quarter 1992 Accounts Receivable Report was accepted. B. REVENUE AND EXPENDITURE REPORT THROUGH MAY 1992 The Revenue and Expenditure Report (Budget Report) through May 1992 was accepted. 20. CONSIDERATION OF LEGISLATION RELATING TO FIRE LABOR NEGOTIATIONS: A. RESOLUTION AUTHORIZING EXECUTION OF. COLLECTIVE BARGAINING AGREEMENT AND MEMO OF UNDERSTANDING RESOLVING AND DISMISSING OTHER UNFAIR LABOR PRACTICES AND DISPUTES City Manager Zais reviewed the formal legislation and corrections made to ratify and accept the Yakima Firefighters agreement. A summary memo was discussed regarding the dismissal of all the pending litigation and unfair labor practice and counter claims. The possibility of the issues being reviewed in a year .to,be everything is working to everyone's satisfaction was discussed. One full time career officer will be stationed at the Fruitvale station at all times. Councilmember Barnett inquired how the agreement would affect future annexations and future and additional reserves. Mr. Zais replied that the agreement covers reserves. However, future annexations will have to be reviewed on a case by case basis. A 5% wage adjustment, effective July 1, 1990; 5 1/2% wage adjustment, effective January 1, 1991, both retroactive, to be paid to the Firefighters is included. Effective January 1, 1992, a wage adjustment of 5% with a wage reopener for 1993 and 1994; the total cost being $832,000. The insurance benefits were also reviewed. He thanked all the involved parties, especially Councilmembers Beauchamp and Brado and Chief Beeson, for I/ their patience and cooperation during these negotiations. Mr. Zais stated he feels this is an excellent package for both sides. Mr. Zais acknowledged Dennis Charlet of the IAFF bargaining team. Mr. Charlet, a 20 year Firefighter, expressed his pleasure with the agreement and thanked everyone for their help with negotiations. 7 336 JUNE 16, 1992 Ryan Ensley, an attorney representing the Police and Fire Civil Service Commission on occasion, related the Commission's concern over the Promotion Standards Article (11.B). Mr. Ensley believes these concerns will be satisfied. Following further discussion and Resolution No. D -6141 and Ordinance No. 3463 having been read by title, it was MOVED BY BRADO, SECONDED BY SEMON, TO ADOPT THE RESOLUTION AND ORDINANCE. The motion carried by unanimous roll call vote; Beauchamp and Berndt absent. RESOLUTION NO. D -6141, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a collective bargaining agreement for calendar years 1992, 1993 and 1994 with the International Association of Firefighters, Local 469, AFL -CIO. B. ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR IAFF EMPLOYEES ORDINANCE NO. 3463, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective July 19, 1992; amending Subsections 2.20.110 A, and 2.20.110 J, all of the City of Yakima Municipal Code. C. FIRST READING OF AN ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR LABOR NEGOTIATIONS SETTLEMENT (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1992 budget and appropriating funds for Fire labor negotiations settlement, having been read by title only, was laid on the table for one week, until June 23, 1992. 21. OTHER BUSINESS City Attorney Vanek informed the Council that legislation would need to be prepared declaring an emergency and restricting sale and discharge of fireworks this year. The Council directed staff to prepare this legislation. Sales will be from July 1st through July 4th and discharging of fireworks on July 4th only. Information Items: Items of information provided to Council were: Invitation to luncheon meeting on 6/18 re: 9th Annual Night Out Against Crime and Drugs - Yakima County Substance Abuse Coalition 8 337 4 JUNE -16, 1992 participation. 6/10/92; Memorandum from Ester Huey, Yakima County Substance Abuse Coalition regarding Hispanic Coalition Board Meeting. 6/10/92; Memorandum from City Attorney regarding Damage Claims Referred to Insurance Company. 6/11/92; Minutes of the May 18, 1992 Parks and Recreation Commission meeting; Assignments Pending in the Office of Environmental Planning as of June 16, 1992; Article from June 1992 Scientific American, "Accounting for Environmental Assets "; and Yakima Basin Resource News; Spring 1992. 22. EXECUTIVE SESSION REGARDING PENDING LITIGATION It was MOVED BY SIMS, SECONDED BY SEMON, TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote; Beauchamp and Berndt absent. 23. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at the hour of 4:50 P.M. READ AND CERTIFIED ACCURATE BY: .4. � .3)3 • _` OUNdILMEMBER DATE COUNCILMEMBER DATE ATTEST: CITY CLERK MAYOR Minutes prepared by Clerk Harris 9