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HomeMy WebLinkAbout06/26/1984 Study Session JUNE 26, 1984 315 STUDY SESSION The City Council net in session on this date at 2:00 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael, Shirley Doty, W. K. "Pete" Moore and Jack Sparling. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Carmichael expressed her concern about a hand- bill being distributed advertising the painting of house numbers on curbs which could be interpreted as being endorsed by the City. City Manager Zais stated that staff would II/ research this issue. that Council member Buchanan stated at the Air Fair will be held this weekend and Mayor Barnett proclaimed June 30 and July 1, 1984 as Yakima Air Fair Days. 2. STATUS REPORT REGARDING STORM DRAINAGE STUDY Dennis Covell, Director of Engineering & Utilities, gave some background information on the storm drainage plan. He outlined a list of tasks under Phase II of the H.D.R. contract which was not done due to lack of authorization by the City Council. He reported that since 1980 the City expended approximately $88,000 for claims, lawsuits and engineering services, and there are three storm drainage related claims from the mid-April rainstorm which may turn into lawsuits. Although Phase II of the contract would not ultimately solve the problem, he stated it would have provided information to work from to apply for grants for storm drainage enhancement and a master plan would have been prepared. Mayor Barnett questioned the source of funding for Phase II of the contract if Council authorizes staff to proceed with that portion of the contract. Mr. Covell responded that since no specific funds have been budgeted for this purpose, a potential source of funding would be from the cash reserve fund from the Sewer Fund or earmark money from FRS funds. Council member Doty stated she has received several phone calls regarding flooding in the last two months. Council member Beauchamp inquired about the cost to canplete Phase II. Mr. Covell explained that he could not get an answer from H.D.R. before the Council meeting, as they asked for time to do some research. He further explained that this item would have to go out for ccmpetitive proposals. Council member Buchanan spoke about the drainage lines in the County which are intertwined with the City's lines. He further stated that as development occurred in the City, these lines became inadequate to carry the storm water runoff. Mayor Barnett questioned staff if they have contacted the County to see if they would participate in this project. Mr. Covell stated he has not been back to the County about this subject. Mayor Barnett stated that perhaps this project should be addressed on a regional basis. Council member Buchanan expressed his concern that the manual received from Phase I seems to be a "boilerplate" manual. Council member Doty expressed concern about a procedure being followed wherein the City channels the storm water runoff into some of the irrigation canals which causes flooding farther down the line. It was MOVED by Carmichael, seconded by Moore to direct staff to reopen this topic with Yakima County and report back on their response before we explore this any further. Unanimously carried by voice vote. Lee Adams, 44th & Arlington, spoke about the flooding problems surrounding the Hallmarc and Arlington apartments. Gary Skov, Yakima Pre-Cast, stated their firm is troubled with flooding whenever the Shanno Irrigation Ditch overflows after a heavy rainfall, causing the firm to close its doors until the flooding subsides. 316 JUNE 26, 1984 3. REPORT REGARDING THE EASTSIDE ANNEXATION - ENVIRONMENTAL IMPACT STATEMENT AND RELATED ISSUES John Beer, Jr., Director of Community & Economic Development, stated that based upon SEPA guidelines, the Environmental Impact Statement (EIS) basically addresses the impact on Fire District No. 13. He reviewed the three alternatives given in the Final EIS; A) proposed annexation as initiated by the City Council; B) annexation of a reduced area; or C) no action (drop annexation). He reported that the moratorium against annexation by the City will expire March 5, 1985 in the Fairview-Sumac area. He then outlined the four policy options listed in the staff report: 1) Continue to pursue the proposed annexation with/without mitigating measures; 2) Postpone annexation efforts until Fairview-Sumac annexation moratorium ends; 3) Pursue the annexation of the commercial area, EIS Alternative B, on East Yakima Avenue (Terrace Heights Drive) and immediately initiate annexation of the II/ remainder of the Fire District (includes the Fairview-Sumac neighborhood) so as to have the annexation take place after the expiration of the moratorium on March 4, 1984; and 4) Drop present annexation efforts. He stated staff's recommendation is to accept Policy Option 3, continue annexation of area "B" indicated on the map (EIS Alternative B) and start annexation of the Fire District. There would be about a six month period of time that the Fire District would be without revenue before annexation would be effective. He reviewed the impact to the Fire District's revenue which would be caused by the annexation. Mayor Barnett inquired if a petition would still need to be processed since we have over 75% of the assessed valuation in the area. Mr. Beer responded that the petition is necessary; however, those residents who have signed an Outside Utility Agreement, will be required to sign the petition. Under Policy Option No. 3, area "B" would immediately be annexed and procedures to annex the remainder of the area initially contemplated for annexation would begin. When that area is annexed, then the Fire District would be eliminated. Mayor Barnett questioned if it would be cost-effective to annex that area; would the City incur additional expense in serving that area for utilities and public safety services. Mr. Beer responded that taking over Fire District No. 13 would not put a strain on the Fire Department budget. He believes the revenue received from this area will take care of their share for utility improvements. City Manager Zais interjected that this annexation does not include the fairgrounds. Council member Sparling commented perhaps it would be better to leave Fire District No. 13 in place and reimburse their loss and just annex area "B". It was MOVED by Carmichael, seconded by Buchanan to move Item No. 13 down to become Item No. 7a under the Business portion of the meeting. Unanimously carried by voice vote. BUSINESS MEETING II/ 4. ROLL CALL At 3:00 p.m., the Council members commenced the regular meeting, Mayor Barnett presiding, Council members Beauchamp, Buchanan, Carmichael, Doty, Moore and Sparling and City Manager Zais and City Attorney Andrews present on roll call. 5. INVOCATION The Invocation was given by Council member Doty. 6. CONSENT AGENDA Mayor Barnett referred to the Items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Council member Doty requested that Item No. 11 be added to the Consent Agenda. It was the general consensus of the Council JUNE 26, 1984 that the addition of Item No. 11, as requested, be made. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Doty, seconded by Buchanan that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. (Subsequent paragraphs preceded by an asterisk (*) indidate items on the Consent Agenda handled under one motion without further discussion.) Mayor Barnett stated there is an off-agenda item, which will be considered following Item No. 10 and will be identified as Item "X". 7. CURRENT STUDY SESSION ITEMS Item No. 3 Discussion ensued about the receipt of revenue from that area if it is annexed. City Manager Zais stated a comprehensive analysis of the needed utility and street improvements in that area has not been done. Mr. Beer suggested that Council authorize the annexation of area "B" at this time and allow staff to come back with a cost/benefit analysis of the remaining area of Fire District No. 13. Ed Williams, speaking on behalf of Bob Hall, Sunfair Chevrolet, and Bob Lynch, Lynch Motors, stated that the two gentlemen own property directly south of their dealerships down to Riverside Street. He stated they would like this area included in the annexation if Alternate B is accepted. Council member Doty inquired if the few residents in that particular area are aware of the possibility of this annexation. City Manager Zais stated due to the fact that the area is included in the proposed initial annexation, they would have been notified. It was MOVED by Moore, seconded by Beauchamp to adopt Plan B and include the area south to Riverside Street and not take any action on the rest of the annexation until such time as we have had a staff report on the cost of servicing that area. Unanimously carried by voice vote. *8. MINUTES The Council minutes of May 8, 1984 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 9. AUDIENCE PARTICIPATION Gene Gandy, 420 So. 23rd Avenue, stated he has attended three public hearings on the proposed urban area zoning ordinance and it alarms him. He urged Council to either withdraw from this or keep the present zoning ordinance in tact. He enumerated his concerns regarding the growth of bureaucracy and downzoning of property without compensation. He stated the proposed ordinance is oppressive and he would like to see the free market determine the highest and best use of a piece of property. Mayor Barnett explained the hearing procedures to Mr. Gandy and suggested he return when the hearing by the City Council is held. 10. HEARING ON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR 1985-1990 This being the time fixed for the hearing on the Six Year Transportation Improvement Program for 1985-1990, Dennis Covell, Director of Engineering & Utilities, commented that this is essentially the same plan as presented to the Traffic Safety Commission and the Planning Commission. There being no citizen present wishing to speak to this item, the public hearing was closed. Resolution No. D-4975, having been read by title, it was MOVED by Carmichael, seconded by Doty that the Resolution be adopted. Unanimously carried by voice vote. 318 JUNE 26, 1984 RESOLUTION NO. D-4975, A RESOLUTION adopting a Six Year Transportation Improvement Program and Urban Arterial Board Supplement for the period of 1985 through 1990 for the construction of streets and arterial streets in the City of Yakima. X. OFF-AGENDA ITEM REGARDING A CLASSIFICATION AND COMPENSATION ORDINANCE Council member Doty stated she was not present at the last Council meeting, but according to her information, there was a stalemate on the issue of an ordinance to increase the salary of the Code Manager. Stating she had previously voted on the prevailing side, it was MOVED by Doty, seconded by Beauchamp for reconsideration of the ordinance regarding the Code Manager recruitment and pay range. Council member Doty stated that during the last two weeks she has had input from the II/ community representing a cross section of people who are satisfied with our Code Administration Division. If reconsidered, she would like to see the 9% salary range be approved and suggested that management be authorized to reinstitute the recruitment for that position. The question was called for a vote on the motion. Unanimously carried by voice vote. Ordinance No. 2785 having been read by title, it was MOVED by Beauchamp, seconded by Carmichael that the ordinance be passed. Council member Carmichael commented that the ordinance does not contain authorization for recruitment for that position; which will have to be handled by separate motion. Following comments by the City Attorney regarding the effective date of the ordinance, it was MOVED by Carmichael, seconded by Doty to amend the ordinance to delete the date, July 21, as the effective date and replace it with July 28 as the effective date. Unanimously carried by voice vote. The question was called for a vote on the motion, as amended. Carried by 6-1 roll call vote. Buchanan voting nay. It was MOVED by Doty, seconded by Beauchamp to authorize management to reinstitute recruitment for a Code Manager and fill the position as deemed appropriate. City Manager Zais commented that this issue was confused and debated because of the concern over the original salary proposed. There also was concern over a related lawsuit which is pending. He reported it will be a minimum of four months until a decision on the appeal to the lawsuit is made. He further reported that he does not believe it will be necessary to hire a consulting firm for recruitment of that position. The question was called for a vote on the motion. Carried by 5-2 voice vote. Buchanan and Carmichael voting nay. *11. CONTRACT WITH NACHES/CaKICHE CANAL COMPANY FOR DIVERSION DAM REHAB- ILITATION PROJECT REsOLTUION NO. D-4966, A RESOLUTION authorizing the City Manager and the City Clerk to execute an agreement with the Naches & Cowiche Canal Company for the rehabilitation of the II/ irrigation diverson dam on the Naches River near Nelson Bridge. *12. MEMORANDUM OF AGREEMENT REGARDING STATE FAIR HOUSING TASK FORCE RESOLUTION NO. D-4967, A RESOLUTION authorizing the execution of a New Horizons Memorandum of Understanding with the United States Department of Housing and Urban Development. *13. AGREEMENT WITH CABOT DOW ASSOCIATES FOR PROFESSIONAL LABOR NEGOTIATIONS SERVICES RESOLUTION NO. D-4968, A RESOLUTION authorizing the execution of an "Agreement Between The City of Yakima and Cabot Dag Associates for Labor Relations Consulting/Negotiation Services". JUNE 26, 1984 319 *14. AGREEMENT WITH R.W. BECK & ASSOCIATES FOR WASTEWATER GRANT INFORMATION RESOLUTION NO. D-4969, A RESOLUTION authorizing the execution of a Professional Services Agreement with R.W. Beck & Associates. *15. DISPOSITION OF DAMAGE CLAIMS A. CLAIM FILED BY VIRGINIA SAUVE (SEWER LINE BACKUP) RESOLUTION NO. D-4970, A RESOLUTION authorizing the payment of $144.45 to Virginia Sauve in settlement of a claim for damages filed with the City of Yakima. B. CLAIM FILED BY DERWIN & SHIRLEY PRYOR (SEWER LINE BACKUP) RESOLUTION NO. D-4971, A RESOLUTION authorizing the payment of $86.28 to Derwin L. Pryor and Shirley J. Pryor in settlement of a claim for damages filed with the City of Yakima. *16. TRANSFER OF RIGHT-OF-WAY USE PERMIT FOR PROPERTY AT 201 SO. 2ND AVENUE The transfer of a Right-of-Way Use Permit from United Supply Company to General Supply Company for property located at 201 No. 2nd Avenue, was approved. *17. APPROVAL OF APPLICATION FOR USE OF FACILITIES AT LARSON PARK The application for use of Ballfield No. 3, at Larson Park, requested by J.C. Womens Auxiliary for a Donkey Ball Game, was approved. *18. OONSIDERATION OF LEGISLATION RELATING TO THE SALE OF FIREWORKS: A. RESOLUTION GRANTING PERMITS FOR THE RETAIL SALE OF FIREWORKS RESOLUTION NO. D-4972, A RESOLUTION granting permits for the retail sale of fireworks within the City of Yakima for 1984. B. ORDINANCE RELATING TO THE SALE OF FIREWORKS ORDINANCE NO. 2782, AN ORDINANCE relating to fire regulations; regulating the sale, use and storage of fireworks; defining terms; amending Sections 10.15.010, 10.15.020, 10.15.040, 10.15.050, 10.15.060, and 10.15.090, and enacting Sections 10.15.065 and 10.15.110 as new sections, all of the City of Yakima Municipal Code; and declaring an emergency. *19. CONSIDERATION OF LEGISLATION AUTHORIZING AND IMPLEMENTING SELF-FUNDING OF INDRKERS' COMPENSATION II/ A. AGREEMENT WITH scow WETZEL SERVICES FOR ADMINISTRATIVE SERVICES RESOLUTION NO. D-4973, A RESOLUTION authorizing the execution of an agreement with Scott Wetzel Services, Inc. to administer a self-insured workers' compensation program- for the City. B. ORDINANCE ESTABLISHING A WORKERS' COMPENSATION FUND ORDINANCE NO. 2783, AN ORDINANCE relating to funds and accounts; creating a Norkers' Compensation Fund", declaring the purpose thereof, specifying the source of funds thereto and providing for expenditures therefrom; enacting Chapter 3.102, "Workers' Compensation Fund" and various sections thereof as a new chapter and new sections of the City of Yakima Municipal Code; and declaring an emergency. 320 JUNE 26, 1984 C. ORDINANCE AMENDING THE 1984 BUDGET, APPROPRIATING FUNDS INTO THE WORKERS' COMPENSATION FUND (First Reading) An Ordinance amending the 1984 Budget and making an appropriation in the Workers' Compensation Fund having been read by title only at this meeting, was laid on the table for one week or until July 3, 1984. D. RESOLUTION AUTHORIZING AN INTERFUND LOAN RESOLUTION NO. D-4974, A RESOLUTION authorizing a temporary loan from 613-Health Benefit Reserve Fund to 614-Workers' Compensation Fund, and providing for repayment. *20. AN ORDINANCE AMENDING THE 1984 BUDGET (Second Reading) ORDINANCE NO. 2784, AN ORDINANCE amending the 1984 Budget for II/ the City of Yakima; and making an appropriation in the 1962 G.O. Street Bond Redemption Fund No. 281 for expenditures during 1984. 21. OTHER BUSINESS Executive Session It was MOVED by Sperling, seconded by Doty to move into Executive Session for the purpose of discussing pending litigation and immediately adjourn the meeting thereafter. Unanimously carried by voice vote. Information Items Its of information supplied to Council were: letter from Bob Roegner, City of Auburn, re: success of AWC Convention. 6/19/84; memo from Ty Wick, Superintendent of Water/Irrigation re: 24 Hour Emergency Response. 6/21/84; memorandum from Dennis Covell, Director of Engineering & Utilities, re: Contract No. 6 Wastewater Treatment Plant Contract Award Recommendation. 6/20/84; memorandum from Bert Tabayoyon, Customer Service Manager, re: Maintenance of Parking Lots by Diamond Parking. 6/22/84; and memorandum from Pat Brady, Department Assistant for Community & Economic Development, re: Public Hearings Schedule for Urban Area Zoning Ordinance and Map. 6/20/84. 22. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at the hour of 4:20 p.m. / 4 READ AND CERTIFIED ACCURATE BY DATE ' 1V -gr IL 1'21 I:ER DATE 6R- /X' - 11Y f4SUNC E l/VI:ER ATTEST: KaA,L„_ ,400P ANIPP'-■ -e CITY CLERK MAiR