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Home My WebLink About06/23/1987 Special Meeting 80 • SPECIAL COUNCIL MEETING JUNE 23, 1987 1. GROUND BREAKING CEREMONY FOR NOB HILL BOULEVARD CONSTRUCTION PROJECT . - At 1:15 p.m. in vicinity of Nob `Hill Boulevard and 25th Avenue, Mayor Beauchamp, Council members Clarence Barnett, Pat Berndt, Lynn Buchanan, Lynn Carmichael, Jerry Foy and Bernard Sims gathered briefly for the ground breaking ceremony for the Nob Hill Boulevard Construction Project. City Manager Dick Zais, Director of Engineering & Utilities Dennis Covell and City Engineer Dennis Whitcher were also present. Members of the Nob Hill Now Committee in attendance were 011ie Nelson, Don Breitenfeldt, Bob DiPietro, L.E. (Red) Rheaume, Bill Huibregtse and Harold Sweet. . BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Henry Beauchamp, presiding, • Council members Clarence Barnett, Pat Berndt, Lynn Buchanan, Lynn Carmichael, Jerry Foy and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Toney also present. 2. INVOCATION The Invocation was given by Council member Foy. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Council member Berndt announced that last week the Association of Washington Cities (AWC) adopted a resolution submitted by Clarence Barnett supporting a study of a national regional monitor retrievable storage system. She stated . Council member Lynn Buchanan was elected to an at large position on the AWC Board. Council member Barnett stated he recently received a letter from the Clean Air Authority which indicates a 7% increase in the City's 1988 assessment, and encouraged staff to carefully review this in light of the financial projection for 1988. Mayor Beauchamp extended an invitation to Council members and staff to attend the Mayor's Prayer Breakfast July 1st, 7:00 a.m. at the Holiday Inn. . 4. CONSENT AGENDA Mayor Beauchamp referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. There being none, the City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Carmichael, seconded by Buchanan, that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) Mayor Beauchamp stated it has been requested that Item No. 10 be heard prior to Item No..8. This was approved by general consensus of the Council. . *5. APPROVAL OF MINUTES OF THE COUNCIL MEETING OF APRIL 30, May 5, 6, AND 12, 1987 The Council minutes of April 30, May 5, 6 and 12, 1987 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. B -5/1 • . ,..81 JUNE' 23, ' 1987 6. AUDIENCE PARTICIPATION ' . i , .. , Allison•Pike, 408 North 23rd Avenue, stated. she 'lives near Cloud 9, a teen center, and stated the loud music is disturbing - many of the residents late at night.'Mrs.. Pike indicated she supports the idea of a teen center, however, feels it should be located in a more appropriate area•due.to the noise level of the music. She said she has been working with Lt. Tam billion regarding this'matter, and has been very helpful and dependable. Discussion ensued - "in Which" Council member Carmichael mentioned the.'Parks' and • Recreation Commission is currently conducting a study -of the activities • and programs offered by the Parks and Recreation Department and indicated she will bring the issue'of a teen center to their attention. It was the general consensus of Council to request staff obtain a decibel reading and report back on this matter. Mrs.' E.J. Trotter, 209 South 4th Street, addressed - Council as President of the Beautiful' Black Women and representative",of the,Friendly Temple Church of God and Christ,'-stated not everybody wants Race Street renamed for Martin ' Luther King, Jr. Mrs. Trotter indicated 'many of the residents .in the southeast area would prefer that street repairs be made to South 4th Street and other streets in the southeast' area. She asked if the ordinance pertaining to dogs running loose in the City of Yakima is being enforced by the animal control officers. She stated there are a' number of dogs running at large in the area of South 4th Street where there are• approximately 300 children, for whom she is concerned. Council member Barnett questioned if Mrs. Trotter is referring to 4th Street, between Pacific and Walnut,.and she responded•affirmatively.' She stated this portion ofithe street has been added to the Six Year Transportation Improvement Program which is to be considered 'by Council shortly. Mrs. Trotter expressed concern that the Six Year Transportation Program will not address the - problem adequately in the near future, but rather, will be spread'out over a period of -time. She -' indicated she' has dived , in the - southeast area for twenty-five-years and over that period of time no major - improvementt: have been to 4th Street. •' Mel - Adams;- 3204 West Viola, Co-Chairman of the Bicentennial 'Committee, ''presented Council members with pins. City Clerk Roberts circulated 'a - copy of the 'City's letterhead bearing the .Bicentennial logo. 'Mr. Adams stated the'Conmittee is making •prggress'on various aspects of the - :celebration this year, stating there will be a musical .presentation: at the Capitol Theatre'September 17th with no admission fee and encouraged everyone to attend. 7. HEARING - ON SIX YEAR : IMPROVEMENT PROGRAM FOR THE PERIOD OF 1988 -1993 (SEE' RESOLUTION) ' - • • . ' , r ' - 7 = Director of'Engineering & Utilities Denny Covell stated this report comes before Council annually 'for review 'and approval: He stated 4th Street, :'between Pacific:Street and Walnut Street, has been added to the Six Year Transportation cImproVement Program gat a'-cost of approximately $295,000, • however, this project is currently without ;funding. A second- project added • to this year's program is`the rubberization railroad crossing pad project. The cost for this project will be submitted under the "Safety Project Funding • .category; and therefore, may not-receive. funding. Council member '•`stated the several years) letters ''of complaint have been received • from'residents on Prasch °.Avenue and asked wYy this streetlhas never appeared • on the Six Year Transportation Improvement Program. Staff was 'asked to prepare a report explaining 'the appropriate action thetresidents must take • in order to have Prasch Avenue repaired. Ray 514 South 4th Street, ' spoke: in opposition to-the Six Year Transportation Improvement Program, • commenting he wants 4th Street fixed' now. He •stated .the street is a traffic hazard in its current condition. A brief discussion ensued about the lack of funding-lot these repairs to be made immediately,- after which Mr. Honore asked> -that Council give as much - consideration to- the needs of . South 4th ' .Street as they have given to • other' City streets . -in the past. J :R. • Faller, • 509 South 4th' Street,ristated there'is: a large hole the street in front of his residence and'questioned there is•an automobile accident because of this, will the City be- -responsible.':The hearing having been closed by Mayor Beauchamp, and the resolution having been read by• title, it was MOVED by • - Foy', seconded 'by"'Betndt, that the Six Year Plan be accepted: Unanimously carried by voice vote. Council member Carmichael' commented the subject of the •concrete "streets 'and 'their current condition needs to be addressed because the situation "is growing worse.=•Mr.• Covell reminded Council that B -5/2 • 82 JUNE 23,1987 staff performed a "windshield survey" last year and discovered that the majority of the deteriorated streets are concrete. Council member Foy asked about the results of the study done on 36th Avenue last year in which a new chemical was used in an attempt to make the roadway more driveable. Council member Carmichael. stated she would like to see this subject rescheduled for • discussion at a future meeting. • RESOLUTION NO. D -5358, A RESOLUTION adopting a Six Year Transportation Improvement Program for the period of 1988 through 1993 for the construction of streets and arterial streets in the City of Yakima. 8. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION AND DEBRIS ABATEMENT PROGRAM . • Code Manager Bob Shampine referred to the list of property owners, requesting removal of Triplet Enterprises as-:the ,property has been sold and is under different ownership. The first resolution having been read by title, it was MOVED by Berndt, seconded by Buchanan, that .the resolution be passed. • Unanimously carried by roll call vote. - _ • RESOLUTION NO. D -5359, A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. • 9. 'REPORT FROM LEGAL DEPARTMENT REGARDING DANGEROUS DOG /PIT BULL REGULATION ...City. Attorney Vanek stated he had researched the issue of whether the state -law preempts local ordinance and determined it does not. He stated Council may enact any. legislation. relating to Pit —Bulls they deem necessary. He suggested the following options to Council, 1) Enact legislation which • requires a certification program of dangerous dogs showing proof of ,.insurance, an adequate enclosure that As signed for .a dangerous dog, 2) regulation of Pit Bulls in some manner, and 3) - place a complete ban on Pit Bulls. Discussion ensued .on the subject of potentially dangerous dogs. City Attorney Vanek indicated this would have to be a separate issue. Mayor ,Beauchamp asked for those citizens -who would like to address the Council • regarding this issue to do so at this time. Dr. Rod McIntosh, a-,veterinarian for over forty -five years, and Jeannine Monroe, 1132 Emerald Road, Sunnyside, . requested Council not single out specify a particular breed as a dangerous dog. .Percy A. Stone, 2104 South 2nd Avenue, a former letter carrier, Ed . Marquard, 6103 Englewood, meter reader for Cascade natural Gas Company, and Jay Fine, 4817 West Arlington, meter reader for Cascade Natural Gas Company, related they were dog bite victims by Pit Bull dogs and encouraged Council to ban Pit Bull dogs from the City. Dave McClintock, 209 South 15th Avenue, presented a petition with 51 signatures of .residents in his neighborhood, expressing concern about a Pit Bull dog at 221 1/2 South 15th Avenue, that is allowed to roam the streets. He urged.Council to ban Pit Bull dogs. Ron Torres, 606 South 21st.Avenue, related. the details of the- ,attack,on his 13 year old - son by two Pit Bull Gods, and encouraged Council to specifically name Pit Bull dogs in any regulating ordinance they might consider passing. . Larry Mathews, 815. South 17th Avenue, presented written testimony and spoke in support of a .total banning. of Pit Bulls in.. Yakima. It was MOVED by Barnett, seconded by Buchanan; to continue enforcement of the City Code regarding vicious, menacing, and.dangerous dogs, and direct staff to prepare appropriate legislation to enact the provisions of Chapter 94 of the laws of 1987 relating to dangerous dogs, and further; that the legislation include potentially dangerous. dogs as defined in Chapter 94, to be muzzled and leashed, and under direct control upon ;leaving the owner's premises. In the discussion that followed, Council member Berndt expressed frustration that . Council is placed in the position of legislating responsibility to dog • owners. -City Attorney Vanek outlined the legal process involved when a dog bite victim files a complaint against the dog .owner., Council member Carmichael spoke about the shortage of funding for additional enforcement officers and the need for-educating the public. She stated consideration needs to be given to these areas as well as discussing the problem with County officials and other jurisdictions. -. Connie - 215 South 15th Avenue, suggested the ordinance contain verbiage requiring the gate latch be placed out of the reach of small children as they cannot read the dangerous dog .Discussion ensued regarding the action to be taken ,once this ordinance is passed. Council member Barnett asked that staff bring back a recommendation on what is needed to enforce the ordinance and make sure • people can walk down the streets safely. Council member Foy requested the • report indicate the number of calls per .day and the response time to those B -5/3 `83 JUNE 23,'1987 calls. He asked that staff obtain the information regarding dog bites compiled by the Post Office for Council to review. John Hanson suggested consideration be given to the possibility of attaching a monetary fine to the • citation given the Animal Control' Officer to the owner ',of -. a ,dog that bites. Referr-ing_'to •a' survey conducted in the past',. done for • dog;,licensing purposes, Council member Carmichael asked that additional information be provided on the results of that survey. Mr. Marquard , stated the mail carriers, power company meter readers and gas company meter readers have compiled ::a great •deal -.of information on where - the- known biters reside, potentially dangerous dogs, etc., and this information is available upon request by the , City. ; ; , ' y , ; 10. REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REGARDING STATUS • OF•ACTIIVI.TIES OF THE.YAKIMA •COUNTY DEVELOPMENT ASSOCIATION ^' ; Director of Community & Economic Development Glenn Rice introduced Tim McGree, Executive Director of Yakima County Economic Development (YCEDA), . who presented a status report on. ,the activities of the YCEDA. He stated the Association is focusing on three specific criteria. in it's program:.1) to attract new industry' to the area, 2) retain the business the area currently - 'has, and 3) :increase the .agricultural and economic base., of the area. Mr. ,McGree pointed out that-an economic development program ,cannot;be Limited to the city limits of Yakima, but must include a. regional :and- :county -wide effort. The Association has recently attracted the following. new industries tol•the_Yakima Valley; the Nature Snack. Plant, Magnuson Sleepers;,•and Greyhawk West. They were also successful in retaining over .1,000'; jobs.. in the Wenatchee National Forest issue, and 60 new jobs were were added to the comMunity through the,Washington Central Railroad. The Association is also • involved in expansion activities with Trail Wagons (100 new jobs), and has •sane limited involvement with Bill at Western Recreational Vehicle. • There being no formal action required by Council on this item, Mayor ' • , Beauchamp 'thanked ; Mr•.; McGree: for 1 the . report and encouraged :himr to continue . his efforts.' r. • H . . . , _. _ , • ,•). - ,,. . 11. REPORT FROM DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REGARDING PROPOSED•LEGISLATION TO AUTHORIZE SIDEWALK CAFES , • 1 Juliana Dennis stated the request is to permit placement of an espresso cart and tables and chairs outside the entrance of Nordstrom Store. She said this service has been requested by a number of customers, prompting her appearance before Council at this time. It was MOVED by Berndt, seconded by Foy, to • direct staff to prepare an ordinance 'allowing the establishment.of sidewalk cafes in the 'City.. Council' member Carmichael requested :that-during the drafting of such an ordinance, staff take into. .consideration the history of • why similar requests have been' denied by Council. Following a brief P discussion regarding litter control and prohibiting -liquor being served, the question was called fora vote on the -kmotion..Unanimously carried by voice ° vote. - • ' t' - ,. - . 1 . , , . . *12. CONSIDERATION OF RESOLUTION OF INTENTION TO CREATE VIEWMONT SEWER LOCAL IMPROVEMENT DISTRICT (SET DATE OF HEARING FOR JULY 21, 1987) RESOLUTION NO. D -5360, A RESOLUTION of intention to create a local improvement district.. • : *13. CONSIDERATION OF RESOLUTION GRANTING, PERMITS`FOR RETAIL-SALE OF:FIREWORKS FOR 1987 - : . RESOLUTION NO.AD- 5361,: A RESOLUTION granting :permits-for the ,retai sale of • fireworks within the City of Yakima for 1987. , *14. REPORT FROM DEPARTMENT OF.'PUBLIC WORKS,REGARDING DISPOSITION ; OF. BUSES IN THE INACTIVE FLEET, _ - ,.• The report;franthe Department of Public Works regarding disposition of buses in the inactive fleet and recommendation to 'sell the: _,eight General, Motors • coaches in- inactive status, was accepted and: approved.'_ -•-, ' , * 15. APPROVAL OF REPORTS FROM DEPARTMENT OF FINANCE AND BUDGET: • B -5/4 84 JUNE 23, 1987 A. MAY 1987 TREASURY REPORT (STANDARD MOTION V -A -- ACCEPT AND APPROVE REPORT) The report from the Director of Finance and Budget' dated June 23, 1987, regarding the investments of the City of Yakima, was accepted and approved. B. MAY -1987 BUDGET REPORT (ACCEPT FOR FILING) The budget report for May, 1987 was accepted for filing putxoses. *16. SET DATE OF PUBLIC MEETING FOR JULY 14, 1987 ON THE PRELIMINARY PLAT OF GROUP M CONSTRUCTION IN THE VICINITY OF 50TH AVENUE AND CHESTNUT AVENUE July 14, 1987 was set as the date of public meeting on the preliminary plat of Group M Construction for property in the vicinity of 50th Avenue and •' Chestnut Avenue. *17. CONSIDERATION OF AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR USE OF CABLE FACILITIES AND EQUIPMENT. • ORDINANCE NO. 3026, AN ORDINANCE relating to public services and utilities, imposing non refundable fees on non City residents for 'Yakima Community Television training and use of television equipment and facilities; providing for disposition of such fees; enacting Chapter 7.10 "Yakima Community Television" as a new chapter' and section thereof of the City of Yakima • Municipal Code. *18. CONSIDERATION OF AN ORDINANCE AMENDING THE 1987 BUDGET AND APPROPRIATING FUNDS FOR THE YAKIMA•' POLICE PATROLMANS ASSOCIATION LABOR NEGOTIATIONS SETTLEMENT (SECOND-READING) • • An Ordinance appropriating funds for the Yakima Police Patrolmans Association labor negotiations settlement having been read by title only at the June 9, 1987 meeting, was brought before the Council for a second reading. ORDINANCE NO. 3027, AN ORDINANCE amending the 1987 'budget for the City of Yakima; and making an appropriation in the 000 - General Fund for expenditure during 1987. • 19. OTHER BUSINESS City. Manager Zais commented briefly on the letter from HUD, which was provided to Council in their information packet, 'regarding the City's accomplishments in Minority Business Enterprises. Mr. Zais also called attention to•a memorandum -to staff in which direction was given to prepare an alternative cost reduction plan for 1988 and 1987. He commented further that staff has been asked to establish priorities and to consider the impact if budgetary restrictions have to be taken for either year. • • Information Items: Items of information supplied to Council were: Letter from Regional Director, Office of Community Planning and Development, HUD, regarding Minority Business Enterprises. 6/12/87; Monthly Transit Operations -Report . for May 1987; Memo from City Attorney regarding Damage Claims Referred to Insurance Company; 6/9/87; Letter from International Conference of Building Officials requesting Bob Shampine to serve as Sergeants -at -Arms at 65th Annual Education and Code - Development Conference in Kansas City,. Missouri. 6/9/87; Volunteer Newsletter from Yakima Valley Interurban Trolley Lines. June 1987; Central Business District Task Force Activity Log for May, 1987; Monthly Report of Chief of Police for May 1987; Monthly Permit. Report for May 1987; Minutes of the June 8, 1987 Parks and Recreation Special Committee meeting and Meeting Notice for June 22, 1987 Parks and Recreation Special 'Committee meeting and June 29, 1987 Special Parks and Recreation . Commission meeting; and Minutes of the June 15, 1987 Yakima Center Advisory Omission meeting. B -5/5 • 85 JUNE 23, 1987 20. EXECUTIVE SESSION REGARDING DISPOSITION OF PROPERTY It was MOVED by Buchanan, seconded by Sims, to move into Executive Session for approximately 15. minutes regarding the disposition of property and pending litigation, followed by immediate adjournment. Unanimously carried by voice vote.. 21. 'ADJOURNMENT_ Following the completion. of the Executive Session, the meeting was adjourned at the_ hour,.,of 4:43 p.m. . READ AND CERTIFIED, ACCURATE BY / SL , MEMBER j DATE = I ATTEST: COUN4I L MEMBE • DA a /`/,_ / r , 4► CITY CLERK I i i i , OR - - MINUTES PREPARED BY -- DEPUTY TY CLERK • • • • • • • • • . • • • , r • • rr • B -5/6 •