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HomeMy WebLinkAbout05/10/1983 Business Meeting Ei MAY 10, 1983 BUSINESS MEETING 1. ROLL CALL The City Council net in session on this date at 2:00 p.m., in the Council chamber's 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 City Manager Zais and City Attorney Andrews present on roll call. Council member Lynn Buchanan present after 2:17 p.m. _2. INVOCATION The Invocation was given by Council member MoOre. 3. OONSENT AGENDA II/ Mayor Carmichael 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 Barnett requested Items Nos. 7 and 8 be added to the Consent Agenda. Council member Moore requested Item No. 23 he added to the Consent Agenda. It was the consensus of the Council that the addition of Items Nos. 7, 8 and 23, as requested, be made. The City Clerk then read the Consent Agenda itens, including resolutions and ordinances by title. - It was MOVED by Beauchamp, seconded by Moore that the Consent Agenda, as read, he passed. Unanimously carried by roll call vote. Buchanan absent. *4. MINUTES The Council minutes of April 5 and 12, 1983 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 None (Council member Buchanan present after 2:17 p.m.) 6. CONSIDERATION OF HUMANE SOCIETY REQUESTS a. RESOLUTION AUTHORIZING THE EXECUTION OF A OONTRACT WITH THE HUMANE SOCIETY FOR ANIMAL CONTROL SERVICES . Resolution NO. D-4802, having been read by title, it was MOVED by Beauchamp, seconded by Doty that the resolution, as read, he passed. Unanimously carried by roll call vote. RESOLUTION NO. D-4802, A RESOLUTION authorizing and II/ directing the City Manager and City Clerk of the City of Yakima to execute an Animal Control Agreement with the Yakima County Humane Society. b. OFFER TO ACQUIRE PROPERTY FOR A SHELTER FACILITY Due to the lengthy discussion regarding this topic at previous Council meetings, Council member Barnett suggested it may be advisable for the groups present wishing to speak to this issue, appoint a spokesperson enabling all viewpoints to he addressed in a timely manner. Larry Mathews, 805 South 17th Avenue, speaking on behalf of the Arboretum Society was present to express the Arboretum's opposition to the proposed location of the Humane Society. He cemented that the placement of the Humane Society shelter on the proposed 2.5 acre site located near the Arboretum, would not he compatible with the Arboretum Society. Mr. Mathews also commented that, 4 6 5 MAY 10, 1983 in his opinion, the responsibility of locating or providing property for the Humane Society is not the City's Obligation. He suggested that City property located south of the Airport would be a better location than the proposed site presently being considered. Mr. Mathews commented that the offer of $2,500 per acre to purdhase the property offered by the Humane Society is too low. He also commented that the placement of the shelter on the proposed property would violate the purpose for Which the land was originally set aside. Lila Linker, 180 W. Chestnut, former President of the Yakima County Humane Society, was present to speak in support of the Humane Society. Jack Ames, 1111 North II/ 34th Avenue, was present to speak on behalf of the Arboretum Society, the Chrysanthemum Society and as a member of the Yakima Kiwanis Club. He informed Council he had toured the existing Humane Society shelter and agreed the shelter needs renovation, however, he did not believe there was a need for additional space. He commented that throughout the history of the Arboretum, there has been an unwritten understanding regarding the manner in Which the land in question today should be utilized. He indicated the unwritten understanding pertained to developing the area into a park-like setting and expressed his concerns regarding the compatibility of the Humane Society shelter existing on the property. He expanded on the $15,000 donation by the Kiwanis Club for the development of a park-like setting in the area of the proposed site. He addressed the construction of the Humane Society shelter, expressing his concern that the development of a berm between the shelter and the rest of the area would not adequately address the possible noise and odor prOblems. He urged Council to defer locating the Humane Society on the proposed property. Del Trimble, 701 South 31st Avenue, President of the Arboretum Society, presented a petition in opposition to the placement of the Humane Society near the Arboretum. At this time, George Velikanje, attorney, representing the Arboretum Society, was present and Del Trimble yielded the floor. George Velikanje explained his association with the Arboretum Society and stated the Arboretum had requested him to speak on their behalf. He stated the Arboretum was in opposition to the City's proposed plan to sell the property located north of Ndb Hill Boulevard and west of the Yakima River to the Humane Society. He addressed several policy considerations that have been made by the City of Yakima and previous City Council members Which supported the concept of a gap-to-gap park. He commented it was his understanding that the property in question, was intended to be preserved as a park-oriented area. Mr. Velikanje II/ referred to funds received from the State of Washington for the purchase of the 10-acre tract north of Nob Hill Boulevard and the land use obligations connected with the receipt of the State assistance funds. He stated that it is the position of the Arboretum Society that the proposed use of land would be incompatible with the Arboretum, the Greenway Park and the City's past policy for developing this property. Mr. Velikanje referred to a memo provided to Council by City staff indicating the Arboretum and the Greenway foundation had no opposition to this project. He stated that was false; to his knowledge, neither group had been contacted requesting their input. He questioned the City's obligations to locate and provide a site for the Humane Society and questioned why City staff is proposing to use the property in a manner Which is inconsistent with current zoning and current land use. Mr. Velikanje responded to Council's questions. City Manager Zais clarified for Mr. Velikanje that the City staff and Council are responding to a legitimate request from the Society for a site on which to build a new shelter. He also clarified that the staff report Mr. Velikanje referred to commented that staff "believes that their (Greenway Foundation Board) 466 MAY 10, 1983 support and that of the Arboretum Society can be gained if they are given the opportunity to review and comment upon the building plans and landscape design." Del Trimble indicated he did not have anything to add to Mr. Velikanje's statements. Fred Westburg, speaking on behalf of the Arboretum Society, expressed the Arboretum's opposition to the placement of the Humane Society on the proposed site. He requested Council to seek an alternate site. Betty Davis, 510 Terrace Drive, Selah, was present to represent the Washington State Garden Club's opposition to the placement of the Humane Society near the Arboretum. She expressed the Club's concern of possible odor and noise fran the animal shelter which would be incompatible with the Arboretum. Council member Doty addressed the proposed plans and concepts of the new Humane Society Shelter, indicating she felt the new shelter would alleviate much of the II/ potential odor and noise problems. Discussion followed regarding clarification of the location of the proposed Greenway/Kiwanis Park. Gordon WOnder, 718 N. 56th Avenue, was present to speak on behalf of the Humane Society. He spoke in support of the proposed location for the Humane Society and the Society's desire to work in cooperation with the Arboretum and Greenway Foundation. He referred to an -ardhitectural design Which he provided, explaining the Humane Society's proposal is both flexible and cooperative. He informed Council that the proposal was changed the previous night, following a conversation with Jim Whiteside, Chairman of the Greenway Foundation, in an effort to cooperate with the Foundation's concern for better screening of the facility. He informed Council of the Humane Society's intention to build a park-like setting. Anne Anna, President of the Humane Society, was present to inform Council of the Society's efforts to build a compatible shelter. She distributed pictures of the current facility and informed Council - of the Shelter's public education program planned for the new facility. Mayor Carmichael requested clarification of the total acreage - involved with the proposed facility. Gordon Wonder responded, informing Council the facility is planned for a 2.34 acre site. He reiterated the Humane Society's desire to work with the Arboretum, Greenway Foundation and the Kiwanis Club to construct a compatible shelter. Discussion followed regarding the fair market value of the proposed property. Doug Vawter, Director of the Humane Society, was present to express his appreciation of the Council's efforts in locating a new site for the Humane Society. Council member Beauchamp questioned how the new shelter will differ fran the old facility. Mr. Vawter responded, informing Council the new shelter is totally innovative and ccmmented on the new concepts involved with the facility. Council member Beauchamp questioned the process necessary to have the proFery appraised if Council decided to make the property available. City Manager Zais informed Council of the necessary steps involved with the sale of the land if Council decided to make the property available. He indicated the City would need to engage an appraiser and the process would also require an engineering study be completed. He also indicated Council's legal action would require a resolution authorizing the disposition of the property. He stated the details should be addressed through staff, the Parks and Recreation Department and the Parks Commission to work out the administrative details of the disposition of the property. City Manager Zais informed Council of the need to go through the County review process for a change in the zoning of the larcperty. Council member Spading expressed his concerns of the time element involVed and stated that an appraisal of the land should not take too long. It was MDVED by Beauchamp, seconded by ,Doty to instruct staff to prepare a resolution declaring the intent to dispose of said property, to secure a MAI appraisal and also refer the 7 MAY 10, 1983 matter to the Parks Commission to address and work out the concerns of the affected groups in order to make the transaction more palatable. Council member Buchanan expressed his concerns regarding the amount of the lease and the haste in which a determination of the land is being made. He cemented on the need for a land management study of City-owned property. Council member Doty commented that this issue has been very difficult due to the many people involved. She expressed her appreciation of the work accomplished by all the groups attending the meeting today. Council member Barnett commented the purpose of the Council is to balance all interests involved and although the proposed property may not be the most ideal location, he urged Council to support the resolution declaring the intent to dispose of the property. Council member Moore concurred with Council member Buchanan's concerns regarding the lack of a land management plan for City-owned property. However, he expressed his opinion that the Council is not rushing into this decision and addressed the importance of locking at the overall picture pertaining to the Humane Society and the viable services they provide to the City. Council member Beauchamp expressed his support of the notion, stating the Humane Society does provide a public service and addressed the time and effort involved by the City staff and Council to locate the best site for the new animal shelter. City Manager Zais referred to Council member Buchanan's earlier concern regarding the l ease arrangements and indicated staff supports the sale option versus a lease option. He stated staff will return with the apprcpriate legislation for Council to consider for final action. The question was called for a vote on the motion. Carried 6-1 voice vote. Buchanan voting nay. *7. REPORT FROM PERSONNEL REGALING CITY'S AFFiRMATIVE ACTION/OONTRACr COMPLIANCE STATUS The report from the Personnel Officer dated May 10, 1983 regarding the City's affirmative action/contract compliance status, was accepted and approved. *8. REPORT FROM ENGINEERING AND UTILITIES REGARDING SLUDGE MANAGEMENT STATUS The report fram the Director of Engineering and Utilities, dated May 10, 1983, regarding sludge management status, was accepted and approved. 9. REPORT FROM ENGINEERING AND UTILITIES REGARDING STREET LIGHTS (EONNEVILLE PROGRAM) II/ Hank Hein, Supervising Traffic Engineer, was present to address the Bonneville Power Administration (BPA) program therein the City is converting the existing street lights to high pressure sodium lights. He informed Council that the estimated cost of the conversion is approximately $370,000. He indicated staff is requesting an interim loan from the Arterial Street Fund to facilitate cash flow, as it may take up to two months to be reimbursed by the BPA for the conversion costs. He indicated this loan would be repaid as soon as funds are received through Pacific Power and Li from the Bonneville Power Administration. Council member Barnett questioned if staff is assured the City will receive funds from BPA. Hank Hein responded in the affirmative, informing Council of confirmation in letter form from both the BPA and Pacific Power & Light. Discussion followed regarding the reimbursement amount of the program. It was MOVED by Moore, seconded by Barnett to accept staff's recommendation to prepare the proper legislation for a loan up to a maximum of $370,000 from the Arterial Street Fund, to fund the work until the Bonneville Power Administration reimburses the City. Council member Beauchamp questioned if the majority of work involved will be contracted out. Hank Hein responded in the 4 6 8 MAY 10, 1983 affinsative. The question was called for a vote on the notion. Unanimously carried by voice vote. 10. REPORT FROM ENGINEERING AND UTILITIES REGARDING TRAFFIC SAFETY COMMITTEE AND TRAFFIC ENGINEER CURRENT WORK ASSIGNMENTS Mark Bontrager, Chairman of the Traffic Safety Committee, was present to discuss the Committee in general and highlighted the safety related issues that have been discussed by the Committee. He expressed his appreciation to be invited to work with the Supervising Traffic Engineer and the Traffic Safety ommittee. He briefly reviewed several areas of interest by the Committee and informed Council of the Committee's goal to work in an advisory capacity to the Engineering Office and serve as a clearinghouse for citizen concerns. It was MOVED by Doty, seconded by More to accept II/ staff's report. Unanimously carried by voice vote. It was the consensus of the Council to address It 25, Other Business, at this time. 25a. OTHER BUSINESS John Beer, Jr., Director of Community and Economic Development was present to distribute a news release regarding a rat abatement program to be undertaken by the City of Yakima and the Yakima Health District. He informed Council that due to an unusually large number of rats infestating the Northeast Yakima neighborhood as well as along the irrigation canal along Lincoln Avenue and 30th Avenue, the City has developed a two-phase rat abatement program. He stated Phase I would consist of public education, rat food habitat and elimination, irrigation canal clean-up and vacant building inspection; Phase II would include rat poisoning. Mr. Beer proposed the use of $5,000 of Community Developrrent Block Grant contingency funds to pay for the neighborhood clean-up and also fund the public education phase of the program. He also proposed $5,000 of the Irrigation funds be used for the irrigation canal clean-up. He indicated the Yakima Health District has been providing assistance, but is unable to provide funding for the program. John Beer introduced Betty Gaudette, 701 No. 6th Street. Ms. Gaudette, volunteer with the rat abatement program, circulated pictures, Illustrating the magnitude of the rat prdblem. Discussion followed regarding the manner in which the irrigation canal clean-up would be completed. It was MOVED by Moore, seconded by Buchanan to accept staff's recarurendation and allocate, funds as outlined. Unanimously carried by voice vote. 11. RESOLUTION ESTABLISHING A POLICY FOR PURCHASIIC MOTOR VEHICLES A resolution establishing a policy for purchasing motor . vehicles, having been read by title only, it was MOVED by II/ Sperling, seconded by Budhanan, that the resolution be adopted. City Manager Zais contented that the policy for purchasing motor vehicles should he of the entire Council and requires the proper legislation Which is why this tcpic is being returned to the Council. Jean Shipman, Purchasing Agent, and Don Toney, Fleet Manager, ware present to respond to Council's questions. Mayor Carmidhael questioned if Council member Sparling's letter of April 1, 1983 regarding City motor vehicles purchasing policies included in the staff report, could be considered as a conflict of interest. Council member Sperling responded, indicating his company was not allowed to sell to the City of Yakima, and therefore would not be in conflict of interest. Referring to Its Nos. 1 and 2 of the staff's memo regarding pickup and delivery costs of motor vehicles, Council member Sperling requested clarification of the deduction of cost calculation if the City were to pick up the vehicle. Jean Shipman expanded on the Police Department'.s policies regarding pickup of police vehicles. Council member Sperling questioned the money saved by using commissioned police offiers to pick up vehicles. Addressing It No. 3, Council member Sperling indicated MAY 10, 1983 463 staff's understanding regarding warranty service is not necessarily true. He stated that depending upon the frandhise agreement, local dealers are not usually required to servce warranties except for cars they sell themselves. Addressing It No. 6, Council member Sperling indicated he believed there was an administrative possibility of accruing local sales tax by taking delivery of vehicles within the City. Jean Shipman responded, informing Council that this cannot be done, per the State Department of Revenue, as the applicable sales tax base applied is from the point of shipment for retail sales. Discussion followed regarding the manner in Which Council member Sparling's letter regarding City purdhasing policies was brought to Council's attention. Council member Barnett commented on the need to define at 11/ kind of vehicles would apply regarding City purchasing pertaining rtaining to motor vehicles. Council member Sperling indicated his suggestions as outlined in his letter of April 1, 1983, pertained to vehicles on a state bid only. Council member Buchanan stated he would like to see the Council take an aggressive posture of trying to get the sales tax paid within the City limits. He suggested that instead of making a decision today, Council member Sperling could net with Jean Shipman in an effort to establish a city purchasing policy to enable the City to accrue local sales tax Wherever applicable. It was MOVED by Budhanan, seconded by Beauchamp to table the motion. Unanimously carried by voice vote. *12. REPORT FROM FIRE DEPARTMENT REGARDING FENCING AT FIRE STATION NO. 5 The report from the Fire Chief dated May 3, 1983, regarding fencing at Fire Station No. 5, was accepted and approved. *13. RESOLUTION AUTHORIZING A COCA-COLA FUN RUN RESOLUTION NO. D-4803, A RESOLUTIOaauthorizing the closure of certain streets within the City of Yakima to accommodate a Coca-Cola Fun Run. *14. APPROVAL OF RIGHT-OF-WAY USE PERMIT FOR PROPERTY LOCATED AT 7 NO. FRONT STREET The Right-of-Way Use Permit as requested by Clenton Holmes, submitted by the Director of Ccmmunity and Economic Develop- ment, dated May 10, 1983, was accepted and approved. *15. FIX DATE OF HEARING FOR JUNE 14, 1983 June 14, 1983 was the date set for the hearing for the Final Assessment Roll for L.I.D. No. 1033, Modesto Way Sewer. *16. FIX DATE OF HEARINGS IOR MAY 24, 1983 II/ a. May 24, 1983 was set for the date of hearing for the rezone of property in the vicinity of No. 4th Avenue and W. Lincoln, as requested by Yakima Adjustment Service, from R-2 to B-2. b. May 24, 1983 was set as the date of hearing for the Supplemental Community Development Block Grant funding (JOBS Bill). c. May 24, 1983 was set as the date of hearing for the major modification of an existing outside utility agreement, requested by 7-Eleven Store, 4904 Tieton Drive. *17. APPROVAL OF OUT-OF-STATE TRAVEL REQUEST FOR FRED NORTON, CODE MANAGER The Out-of-State Travel for Fred Norton, Code Manager, to attend the Fourth Annual Spring Conference of the Northwest Chapter of the International Conference of Building Officials in The Danes, Oregon on May 26-27, 1983, at a cost of $90, was approved. L I TO MAY 10, 1983 *18. APPROVAL OF FINAL OONTRACr PAYMENT FOR THE WATER PROOFING COATING SYSTEM PROJECT The report from the Director of Engineering & Utilities dated May 4, 1983, with respect to the completion of the work on the Waterproof Coating System project, performed by ME Construction Company, was approved, the work accepted and payment of the final estimate as therein set forth was authorized. *19. ORDINANCE AUTHORIZING AN INTERFUND LOAN AND APPROPRIATION FOR STREET REPAIRS (Second Reading) An Ordinance authorizing an interfund loan and appropriation for street repairs, having been read by title only at the previous business meeting, was brought before the Council for a second reading. ORDINANCE NO. 2691, AN ORDINANCE amending the 1983 budget for II/ the City of Yakima; authorizing temporary loans and providing for their repayment; and appropriating unappropriated balances in 141-Street Fund and 142-Arterial Street Fund for expenditure during the year 1983. *20. ORDINANCE AMENDING THE 1983 BUDGET AND APPROPRIATING MDNEY WITHIN THE FIRE CAPITAL FUND (Second Reading) An Ordinance amending the 1983 Budget and appropriating money within the Fire Capital Fund, having been read by title only at the previous business meeting, was brought before Council for a second reading. ORDINANCE NO. 2692, AN ORDINANCE amending the 1983 budget for the City of Yakima; and making an appropriation in the 332-Fire Capital Fund for expenditure during 1983. *21. ORDINANCE AMENDING THE 1983 BUDGET (First Reading) The Ordinance amending the 1983 BudGet, having been read by title only at this meeting, was laid on the table for two weeks or until May 24, 1983. *22. ORDINANCE RELATING TO STREETS AND SIDEWALKS; PROVIDING EXCEPTIONS TO THE CLEARVIEW RMUIREMENT AT INTERSECTIONS An ordinance relating to streets and sidewalks; providing exceptions to the clearview requirement at intersections, having been read by title, it was MOVED by Beauchamp, seconded by Barnett to approve the ordinance. Council member Barnett referred to staff's report and requested clarification in conjunction with the ordinance. Hank Hein, Supervising Traffic Engineer, was present to respond to Council's questions. City Attorney Andrews cartrrented that more staff time would be needed on this item as Hank Hein and he had not had sufficient time together to develop this ordinance in appropriate form. It was MOVED by Sperling, seconded by 11/ Budhanan to table this motion until the next business meeting two weeks from today. Unanimously carried by voice vote. *23. ORDINANCE ESTABLISHING WATER RATES (Continued from 5/3/83) ORDINANCE NO. 2693, AN ORDINANCE relating to public services and utilities; specifying rates for domestic water services; and amending Sections 7.68.250, 7.68.251, 7.68.255 and Sub Section 7.68,252 B, all of the City of Yakima Municipal Code. 25b. OTHER BUSINESS Council member Barnett expressed his concerns regarding the deletion of "Open Discussion For the Good of the Order" on Business meeting agendas, as this did not allow for sufficient discussion of other subjects necessary for Council infor- mation. Mayor Carmidhaelconcurred. It was the consensus of the Council to request staff'tc.- allow for "Open _Discussion for the Good of the Order" on all future agendas. MAY 10, 1983 471 City Manager Zais informed Council of two items of interest; one of which included the recent passage of the legislation that would grant an increase in the State bonded indebtness limitation regarding wastewater grant funding. He also informed Council that in connection with the City's wastewater grant request, a ti"meframe has now been set for a presentation to the Department of Ecology, Environmental Protection Agency and the Federal Energency Management Agency on Monday, May 23, 1983. He reminded the Council of the Committee rich has worked on this it in the past which consists of Council members Budianan, Moore and Barnett and inquired if any of the members would like to plan on attending the presentation in Olympia at the Department of Ecology. Council member Moore stated that if Council members Barnett and Buchanan attended, that would be sufficient representation at the meeting. INFORMATION ITEMS Items of information supplied to Council were: mean from City Manager re: Department of Ecology Wastewater Grant Funding Concerns. 5/5/83; memo from Supervising Traffic Engineer re: North First Street Closure. 5/6/83; memo from Director of Engineering & Utilities & the Sanitary Engineer re: Wastewater Treatment Plant Sludge Pump Replacement. 5/5/83; memo from Supervising Traffic Engineer re: 1983 Yakima Air Show scheduled for June 25 through June 26, 1983. 4/27/83; article from the 5/3/83 Wall Street Journal, "Portland, OR, Offers Services to Push Case for Annexation "; memo from City Attorney re: damage claims referred to insurance company. 5/4/83; Yakima Fire Department Energency Activity Report for April, 1983; minutes of the 3/9/83 Yakima District Board of Health meting; and Community Television Newsletter, Vol. I. No. 3, April, 1983. 24. EXECUTIVE SESSION REGARDING PENDING LITIGATION It was MOVED by Doty, seconded by Moore to move into Executive Session for the purpose of discussing pending litigation and then imaaediately adjourn the meeting. Unanimously carried by voice vote. 26. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at the hour of 5:30 p.m. '14 READ AND CERTIFIED ACCURATE BY `��` -�h� DATE 174/ (3' COUNCIL MEMBE r . 7/6 - 3 COUNCIL MEMBER ATTEST: 0-61ANWACa CITY CLERK MAYOR