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HomeMy WebLinkAbout05/31/1983 Special Meeting MAY 31, 1983 4 8 5 SPECIAL BUSINESS MEETING 1. ROLL CALL The City Council net in session on this date at 2:00 p.m. in the Council Chambers of City Hall, Yakima, Washington. Mayor Lynn Carmichael presiding, Council members Clarence Barnett, Henry Beauchamp, Shirley Doty, W. K. "Pete" Moore and Jack Sparling and Assistant City Manager Wittenberg and City Attorney Andrews present on roll call. Council member Lynn Buchanan absent and excused. 2. INVOCATION II/ The Pledge of Allegiance was led by Mayor Carmichael. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Carmichael referred to the recent bequest of $20,000 from the estate of Margaret Coffin Holmes to the City of Yakima. She expressed her appreciation and commented Council would need to give consideration to the manner in Which the City would utilize the funds in accordance with Ms. Holmes' request. Council member More express ed his desire to allocate the funds to the Yakima Valley Museum or divide the funds between the Yakima Valley Museum and the Yakima Valley Reg- ional Library. Mayor Carmichael indicated Council would take Council member Mbore's suggestions under consideration. Council member Doty questioned if staff was planning to send an acknowledgement and/or a thank you in response to the bequest. Mayor Carmichael informed Council of an invitation to attend the Y's Men Club Conference on June 11, 1983 at 12:00 p.m. She also informed Council of the Yakima Valley Community College award ceremony to be held at the Student Resident Center on June 7, 1983. Mayor Carmichael informed Council Washington State University has conveyed Camp Welch to Educ- ational School District 105 for the consideration of $1. She indicated EE S 105 will be renovating the buildings and re- quested a Council representative participate in the planning process, which will be held June 8 at 9:00 a.m. in the EE S 105 building. 4. CONSENT AGENDA Mayor Carmichael referred to the Items placed on the Consent Agenda, questioning Whether there were any additions or dele- tions from either Council members or citizens present. Coun- cil member Barnett requested to add Items Nos. 9 and 12. Council member Doty requested to add Item No. 19 to the Con- II/ sent Agenda. Steve Culbertson, citizen, requested Item No. 13 be removed from the Consent Agenda. It was the general con- sensus of the Council that the addition of Items Nos. 9, 12 and 19 and the deletion of Item No. 13, 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 Beauchamp that the Consent Agenda, as read, be passed. Unanimously carried by voice vote. Buchanan absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. MINUTES The Council minutes of May 9 & 10, 1983, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read pUblicly. 4 8 • - MAY 31, 1983 6. AUDIENCE PARTICIPATION a. Appearance by Jim Whiteside regarding Yakima Greenway project and City property. Jim Whiteside,- Chairman of the Greenway Foundation, referred to his presentation to the City Council last year Wherein the Greenway Foundation was regtesting the , stewardship of the City's landfill site. Mr. Whiteside stated that the Founda- tion has resolved answers to the criteria the City had pre- viously laid out regarding the transfer of stewardship and indicated the Greenway Foundation would like to develop the dumpsite into the Sarge Hubbard Riverfront Park. Mr. White- side informed Council that the County had formalized a re- solution Whereby the Foundation is applying for $150,000 in II/ state funds. He indicated the Greenway Foundation will con- tribute $100,000 towards the development of the Sarge Hubbard Riverfront Park next spring. He referred to an architectural sketch provided by the architectural firm, Williams & Webber, expanding upon the proposed park. He indicated the Greenway Foundation needs a positive action on the part of the City Council giving stewardship of City property to the Greenway Foundation. Discussion followed regarding maintenance costs of the park wherein Mr. Whiteside stated the Greenway Founda- tion will assume any maintenance and managenent costs incurred with the park which is developed by the Greenway Foundation. Mr. Whiteside referred to the need.of an agreement between the Greenway Foundation and the City of Yakima Wherein the City would retain the title to the property; but the Greenway Foundation would be able to develop 'the property. Council member Barnett requested Mr. Whiteside to address the alter- native dump sites the City might use if the City grants this request. Mr. Whiteside responded, informing Council of three alternatives: 1) the County property located adjacent to the freeway and the Moxee City Bridge; 2) Terrace Heights land- fill; and 3) the abandoned landfill site at the top of the Summitview grade. Council member Beauchamp questioned if each of the three sites could be utilized by the City free of dharge. Mr. Whiteside responded affirmatively. Council member Doty expressed her desire to have a firm agreement with the Greenway Foundation. Mr. Whiteside concurred, stating an agreement would be compiled for the Sarge Riverfront Park. City Attorney Andrews - questioned if there was a date on the architectural drawing from Which he could refer. Mr. Whiteside indicated May, 1983 was the appropriate date of the Sketch. Council member Sparling questioned the total acreage involved with the proposed park. Mr. Whiteside responded, indicated 23.6 acres of City property would be utilized. Council member Sparling questioned the possibility of a joint agreement with the County involving the City's property dis- cussed today and the County's landfill site over a period of 10 or 20 years. Mr. Whiteside stated the City would have use of the three County landfill sites for as long as there is a need by the City. City Attorney Andrews informed Council II/ legal staff would bring back, for formal authorization, an 1 agreement between the City, County and Greenway Foundation - regarding conditions for use of the Troperty. He indicated Mr. Whiteside needs a confirmation of Council's response, in motion form only, at this time. It was MOVED by Beaudhamp, seconded by Sperling to grant permission to the Yakima Green- way Foundation to develop the proposed site known as the City's old landfill, according to the architectural drawing of May 31, 1983. Council member Moore requested reassurance from the legal staff regarding the City's authorization to utilize the County dump sites as mentioned earlier by Mr. Whiteside. City Attorney Andrews responded, indicating the agreement would include the land use alternatives mentioned today. The question was called for a vote on the motion. Unanimously carried by voice vote. Budhanan absent: * MAY 31, 1983 1 +87 7. HEARING ON THE APPEAL OF JERRY WHITE ON THE DENIAL OF ISSUANCE OF TAXI DRIVER'S LICENSE It was MOVED by Moore, seconded by Sparling to continue Items Nos. 7 and 8 to be considered with other Executive Session topics under Item No. 22. Unanimously carried by voice vote. Budhanan absent. *9. FIRE DEPARTMENT ANNUAL REPORT FOR 1982 The Annual Report for the Yakima Fire Department for the year 1982, was accepted and approved. 10. RESOLUTION AMENDING THE PARES AND AQUATICS FEE SCHEDULE II/ Resolution No. D-4809 having been read by title, it was MOVED by Moore, seconded by Beaudhamp to adopt the resolution as read. Council member Doty requested further information regarding the survey taken regarding swim rates. Jodi Wrdblewski, Recreation Superintendent, was present to dis- tribute and discuss the survey results. Council member Sparl- ing questioned the effect if all pool fees were reduced to $.25 from $.50. Dave Rhodes, Director of Public Works, res- ponded to Council's questions. Mayor Carmichael expressed her concern regarding the costs involved to operate Washington Pool. Council member Barnett expressed his opinion that there is sufficient evidence to justify a reduced fee schedule for Washington Pool. Council member Beauchamp expressed his support for reducing the fee rates City-wide. Council member Doty questioned if reducing the swim fees is the answer to low attendance at Washington Pool and stressed the importance of having positive learn-to-swim programs actively conducted at Washington Pool. The question was called for a vote on the motion. Failed by 3-3 roll call vote. Doty, Carmichael and Sparling voting nay. Budhanan absent. It was MOVED by Spar- ling, seconded by Beaudhamp to reduce the fee to $.25 at Washington Pool and all the other pools for the balance of the summer. City Attorney Andrews informed Council the motion is out of order as this is a special business meeting of the Council, at which Council may consider, but may not make any final dispositions on any matter that is not stated on the agenda. It was MOVED by Spading, seconded by Beaudhamp to request staff to prepare the proper legislation reducing the rates at all public pools to $.25 for 1983. Council member Moore stated his concern that a reduction in rates would not effectively address the low attendance problem at Washington Pool. Council member Doty spoke in apposition to the motion as the 1983 Aquatics Budget has been prepared on the anti- cipated income for the current fee schedule. Council member Barnett expressed his opinion that it is essential to increase the attendance at Washington Pool and felt the reduction of rates would help that effort. The question was called for a 11/ vote on the motion. Failed by 3-3 voice vote. Doty, Car- michael and Moore voting nay. Budhanan absent. It was MOVED by Sparling, seconded by Moore for a reconsideration of the vote on the original resolution. Carried by 4-2 show of hands vote. Carmidhael and Doty voting nay. Budhanan absent. It was MOVED by Beaudhamp, seconded by Moore to adopt the re- solution as previously read. Council member Doty questioned if Council member Sparling agreed with her idea of the need for a comprehensive learn-to-swim program. Council member Sparling expressed his concern that it may be too late in the year for such a program, however, it could be considered. The question was called for a vote on the motion. Carried by 4-2 roll call vote. Carmidhael and Doty voting nay. Budhanan Absent. (Moore temporarily absent after 2:55 p.m.) RESOLUTION NO. D-4809, A RESOLUTION establishing an admission fee to the Washington Park Swimming Pool for the 1983 season. 8 8 MAY 31, 1983 11. RESOLUTION DECLARING A PUBLIC NUISANCE Resolution No. D-4810 having been read by title, it was MOVED by Doty, seconded by Beauchamp to adopt the resolution. Fred Velikanje, attorney, representing Jake, Frank, owner of pro- perty at 24th Avenue and Nob Hill Boulevard, was present to object to the passage of the resolution. Referring to a large spill of thousands of gallons of gasoline by Tiger Oil Ccmpany in the subsurface soils of the southeast corner of Nob Hill Boulevard and 24th Avenue, Mr. Velikanje informed Council he believed there was a matter of trespass - involved with this issue and had advised his client to fill the well. City Attorney Andrews informed Council the cooperative effort between the City and Jake Frank over the past year in an effort to recover the gasoline has diminished to the point Where legal action to declare this situation a public nui- sance, is necessary at this time. Tim Elisonda, representing Fuel Recovery Ccmpany, informed Council of the dangerous II/ situation Which currently exists and elaborated on the tech- nical steps necessary to recover the gasoline beneath Mr. Frank's property. Council member Beauchamp questioned Mr. Velikanje why his client did not wish to have the problem solved. Mr. Velikanje responded, stating Mr. Frank was not concerned about the gasoline located beneath his prcperty as the gas has been there for two years. (Moore present after 2:28 p.m.) Council member Doty questioned if there was a possibility of the two parties meeting and arriving at a solu- tion. Mr. Velikanje responded in the affirmative. Assistant City Attorney Vanek explained staff had attempted to meet with Mr. Velikanje and Mr. Frank, however, staff was informed by Mr. Velikanje that the well would not be permitted on Mr. Frank's prcperty unless the City could obtain the concurrence of the other two tenants on the property and also compensate for Mr. Frank's "losses." Discussion followed regarding the work proposed by Fuel Recovery Ccmpany. Mr. Velikanje sug- gested this item be tabled for one week. - City Attorney And- rews expressed his concern about delaying this until the next business meeting which will be three weeks. Council member Moore questioned Mr. Velikanje if he and his client would be willing to meet and -discuss the work prcposed by Fuel Recovery Company. Mr. Velikanje responded, stating discussion could take place, hcwever, he questioned what compensation Mr. Frank would receive for allowing the well on his property. Bat- talion Chief Berger was present to elaborate on the necessity for the continued fuel recovery and urged Council to pass the resolution today. Council member expressed her desire to see a resolution to this problem rather than referring the matter to court. Battalion Chief Berger reiterated an effort was made to come to an agreerrent. with Mr: Frank by moving the well to the far northeast corner of the lot, hcwever, they could not arrive at an agreegent. (Clarence Barnett absent after 3:49 p.m.) The question was called for a vote on the motion. Unanimously carried by voice vote. Barnett and Buchanan absent. Moore abstaining due to his absence during a portion of the discussion. It was the consensus of the Coun - Oil to continue discussion with all parties involved to arrive II/ at a conclusion to this problem. RESOLUTION NO. D-4810, A RESOLUTION declaring the sub-surface concentration of gasoline at the property located at 1103 So. 24th Avenue and 1105 South 24th Avenue, Yakima, Washington to be a public nuisance and ordering abaterrent. *12. RESOLUTION CALLING FOR _A SPECIAL ELECTION ON A REFERENDUM PRO- POSITION REGARDING THE ENACTMENT OF ORDINANCE NO. 2637 PERTAINING TO REFUSE COLTECTION SERVICE RESOLUTION NO. D-4811, A RESOLUTION providing for the sub- mittal to the electors of the City of Yakima, Washington, at a special election to be held in conjunction with the Primary Election to be held on September 20, 1983, of a referendum proposition as to whether Yakima City Ordinance No. 2637, enacted September 21, 1982, shall be approved or rejected. MAY 31, 1983 '+89 13. RESOLUTION AUTHORIZING CHANGE IN MEDICAL INSURANCE BROKER OF RECORD A resolution authorizing a change in medical insurance Broker of Record having been read by title, it was MOVED by Doty, seconded by Beauchamp that the resolution, as read, be adopt ed. (Mayor Carmichael temporarily absent after 3:50 p.m.) Steve Culbertson, representing Fred S. James & Company of Washington, was present to request Council consider Fred S. James & Company for the City's Broker of Record for life and medical insurance. He indicated Fred S. James Company held a no-competition clause agreement with Ray Duerre of Ray Duerre & Associates, as Mr. Duerre had previously worked for Fred S. James. He stated that now Ray Duerre & Associates is merging with Beard, Benth & Mendenhall, Fred S. James believes the II/ no-competition clause is no longer valid. (Mayor Carmichael so present after 4:00 p.m.) Mr. Culbertson requested Council delay this decision regarding a dhange in medical insurance Broker of Record until Fred S. James & Company has the oppor- tanity to fully present their services to Council in consid- eration of designating the City's Brdker of Record. Mr. Culbertson distributed brochures explaining the various ser- vices provided by Fred S. James & Company of Washington. Council member Beauchamp questioned the time element involved with this decision. Assistant City Manager Wittenberg res- ponded, indicating a delay of two or three weeks would not be a major prdblem. It was MOVED by Moore, seconded by Beauchamp to table the motion for three weeks time. Unanimously carried by voice vote. Barnett and Buchanan absent. Carmichael abstaining due to her temporary absence during this dis- cussion. *14. RESOLUTION DECLARING SURPLUS SALE OF MOTOR VEHICLE TO FIRE DISTRICT #10 RESOLUTION NO. D-4812, A RESOLUTION authorizing the sale of a surplus City-owned motor vehicle. *15. FIX DATE OF HEARING June 28, 1983 was the date set for the hearing for rezone of property at Custer and Summitview Avenues from R-3 to Planned Development, requested by Dr. Ronald Warninger. *16. ORDINANCE APPROPRIATING FUNDS FOR FIRE DEPARTMENT FENCING PROJECT (Second Reading) An ordinance appropriating funds for Fire Department fencing project having been read by title only at the previous meeting was brought before Council for a second reading. ORDINANCE NO. 2696, AN ORDINANCE amending the 1983 Budget for the City of Yakima; and making an appropriation in the 332- II/ Fire Capital Fund for expenditure during 1983. *17. ORDINANCE AMENDING THE 1983 BUDGET TO FUND ADDITIONAL STAFF FOR DATA PROCESSING AND FiNAKCE SETTLEMENT FOR PENSION LITIGATION (Second Reading) An ordinance amending the 1983 Budget to fund additional staff for data processing and finance settlement for pension litiga- tion having been read by title only at the previous meeting, was brought before Council for a second reading. ORDINANCE NO. 2697, AN ORDINANCE amending the 1983 Budget of the City of Yakima; appropriating various amounts from un- appropriated fund balance within various funds for expenditure during 1983. *18. ORDINANCE AMENDING THE 1983 BUDGET TO PROVIDE OPERATING FUNDS FOR WASHINGTON POOL (First Reading) The ordinance amending the 1983 Budget to provide operating funds for Washington Pool, having been read by title only at this meeting, was laid on the table for four weeks or until June 28, 1983. (4 n MAY 31, 1983 *19. ORDINANCE RELATING TO STREETS AND SIDEWALKS; PROVIDING EXCEPTIONS TO THE CLEARVIEW REQUIREMENT AT INTERSECTIONS ORDINANCE NO. 2698, AN ORDINANCE relating to City streets and sidewalks; restricting site view Obstructions at intersecting streets; and amending Section 8.80.040 of the City of Yakima Municipal Code. 20. ORDINANCE AMENDING THE FIREWORKS STAND FEES SCHEDULE Ordinance No. 2699, having been read by title, it was MOVED by Doty, seconded by Moore that the ordinance as read, be passed. Mayor Carmichael questioned the maximum allowable fee for fireworks stand permits. Fred Norton, Code Administration Manager, responded, indicating $100 was the maximum fee. Mayor Carmichael questioned if the proposed increase of $50 would be sufficient to cover 'costs for inspections of the fireworks stands. Mr. Norton responded, informing Council the $50 fee was determined following discussions with Randy Brown of Red Devil Fireworks. Randy Brown, 303 No. 61st Avenue, Red Devil Fireworks, informed Council he controls approximately 75% of the fireworks stands in Yakima and expressed his satis faction with the manner in Which the City conducts inspections of the stands. He referred to the $50 fee; indicating the fee was determined from the anticipated costs to the City to perform the inspections of the fireworks stands. Referring to the manner in Which the payment of the fee is to be made, Mr. Brown expressed his desire to make the full payment of $50 per stand on June 15. He added that he would like to see more enforcement regulations contained in the Ordinance. The question was called for a vote on the notion. Unanimously carried by voice vote. - Barnett and Buchanan absent. ORDINANCE NO. 2699, AN ORDINANCE relating to fireworks re- gulations; regulating the fees for fireworks permits; and amending Sections 10.15.040, all of the City of Yakima Mun- icipal Code. 21. OTHER BUSINESS Assistant City Manager Witteriberg informed Council of an interruption in irrigation services to customers on June 1 and June 2 due to work being performed on the canals. He stated the irrigation service would be back in - operation on June 3. Information Items: Items of information supplied to Council were: letter fran Halverson, Applegate & McDonald, Inc., P.S. regarding bequest of $20,000 fran estate of Margaret Coffin Holmes. 5/25/83; memo from the City Manager regarding Council Pending Items. 5/24/83; article from May 1983 AMERICAN CITY & COUNTY, "Court Says Yes to Residence Requirement"; article from The Wall Street Journal, "Transit Funding For Fiscal '84 Voted by a House Panel"; article from D Magazine, "Editor's Page"; article from 5/23/83 Nation's Cities Weekly, "IRS Temporary Regs on Development Bonds"; invitation to attend Annual Graduation Ceremony at O.I;C. 5/25/83; Council cal- endar for June, 1983; brochure on Yakima' Regional Wastewater Treatment Plant; minutes of 5/18/83 Yakima Center Advisory Commission meeting; minutes of 5/18/83 Yakima Air Terminal Board meeting; and minutes of 4/27/83 Traffic Safety Committee meeting. 22. EXECUTIVE SESSION RMARDING COLLECTIVE BARGAINING AND PROSPECTIVE LITIGATION It was MOVED by Moore, seconded by Beauchamp to move into Executive Session for the purpose of conducting two hearings appealing the denial of the issuance of taxi drivers licenses, request ed by Jerry White and Rodney Morton and discussing collective bargaining and prosepctive litigation followed by adjournment. Unanimously carried by voice vote. Barnett and Budhanan abgent. MAY 31, 1983 491 23. ADJOURNMENT Following completion of the Exeutive Session, the meeting was adjourned at the hour of :25 p.m. 1 READ AND CERTIFIED ACCURATE BY 41 DATE 7/03 soUNCI h R di! DATE 1 CO NCIL irrt• ATTEST: dAppeu.fs kat-C CITY CLERK ---- MAYOR \-