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HomeMy WebLinkAbout12/15/1987 Business Meeting 204 DECEMBER 15, 1987 BUSINESS MEETING ll 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, and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City. Clerk Toney also present. Council members Lynn Carmichael and Jerry Foy absent and excused. 2. INVOCATION The Invocation was iven by Council member rndt g y Berndt. OPEN DISCUSSION FOR THE GOOD OF THE ORDER _ Council member Buchanan stated the term of Yakima Housing Authority Board Member Mamie.Mor-rison will .expire January 31, 1988, however, she has indicated a to be reappointed for another term. It was MOVED by Buchanan, seconded by Sims, that Mamie Morrison be reappointed to the Yakima Housing Authority Board. Unanimously carried by voice vote. (Mrs. Morrison will serve a five year term, from January 31, 1988 to January 31, 1993.) 4. CONSENT AGENDA Mayor Beauchamp referred to the its placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. There being no changes requested, the City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Berndt, seconded by Buchanan, that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Carmichael and Foy 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 THE COUNCIL MEETING OF NOVEMBER 24, 1987 The Council minutes of November 24, 1987 were approved, having been duly certified accurate by two Council members and no one present wishing to j have said minutes read publicly. 6. AUDIENCE PARTICIPATION None 7. REQUEST FROM THE YAKIMA VALLEY MUSEUM TO ALLOW SLEIGH RIDES IN FRANKLIN PARK Director of Public Works Jerry Copeland reviewed the staff report and recommendation regarding this request. Mr. Copeland stated there is a 1930 ordinance still in effect which prohibits horses, mules or donkeys in City parks. He stated research indicates a similar request was made by Allied Arts to the Parks and Recreation Commission in 1984, and was approved, but , was never consumated. Therefore, he assumes it was decided the use was illegal at that time. He stated the Parks and Recreation Commission has again considered the request and given approval subject to the legal contraints being removed. Mr. Copeland stated staff has researched this issue and recommend the ordinance be revised to allow certain uses with proper controls. Versa K'ang, 910 South 25th Avenue, Executive Director of the Yakima Valley Museum, explained the Museums had intended to schedule sleigh rides for the weekends of December 19th and 26th, however, it is doubtful there will be enough snow to allow this. She indicated they would also like to offer sleigh rides on Valentines Day, weather permitting. Mrs. K'ang stated the Museum has been wanting to offer sleigh rides for some time, and have recently located a reputable contractor in Ellensburg I who is willing to work with the Museum on this. She assured Council that the Museum will work closely with the Public Works Department to ensure B -4 DECEMBER '15 , 1987 205 • ..there,will be no damage to the - lawn., Dr., Robert Atwood, 8305 Summitview • . Avenue, Director of the - _Yakima County District Board of'Health, addressed health hazard concerns, stating research has shown the horse IS not • a .reservoir for . any . human disease in- this: ,• part of the world. ` He stated the _ Yakima Health. District, is supportive of . the. ordinance being ..amended. , Barbara: and Paul:-Harris, 1911: West•Yakima. Avenue,. spoke against. amending the ordinance to allow.sleigh rides at Franklin Park. : Harris stated she is opposed to amending city ,ordinances for-, special interest groups; . that everyone should have to live by the same.,rules.•,Regarding another matter, she stated she had inquired about City, crews, picking up leaves at - the Gilbert House. on December 10th., She; stated the,leaves were not bagged and it is a requirement that city .residents bag leaves to be picked up by City .crews.. She said-she had inquired at the. Public Works Department if this was a special pick -up and, if so, to whom• .is this being billed. Mrs. Harris stated she has. not yet received .a , satisfactory ;reply to her inquiry. Mayor Beauchamp pointed out -_to Mrs._. Harris 'that Mrs. K'ang had indicated the sleigh rides will only be offered if conditions are such that there will be no damage _to the,, lawn.. Mt.' Harris stated every year during the .Sunfair,Parade horses are allowed on City streets. He stated . .last year a-•young couple:was delivered to.the Gilbert:House via a horse driven cart for a wedding ceremony, and this was also in violation.of the ordinance. Mr. Harris stated if the ordinance is going to be changed, staff should also consider changing it to address this issue. It was MOVED by Berndt, seconded by Sims, to direct staff to develop., the ordinance revision with proper controls and limitations. Following a brief . discussion, the question was .called for a vote :on .the motion. Unanimously carried by voice Carmichael .and. Foy absent. .• - 8. REPORT FROM DEPARTMENT OF 'CM/UNITY & ECONOMIC DEVELOPMENT REGARDING - EASTSIDE ANNEXATION STATUS ; . • Supervising ,Associate...Planner Don Skone reviewed. the staff report and various ,.recommendations. He, recounted. the - . history of the Eastside Annexation attempt stating Planning staff has mailed letters to property • owners•on two different occasions requesting then to sign the annexation • petition and to date, only 59% of the assessed value of the area have complied. He explained that 75% is needed to continence the annexation process. Mr. Skone stated, of the three alternatives contained in the staff report, staff recommends Alternative No. 3, the "phased approach to the annexation "; wherein•the current petition would be terminated. and two new petitions would be issued; one for the the northerly area and one the southerly area. Mr. Skone stated this approach would allow the City to begin to- receive.revenues from the,auto dealerships and other commercial developments. Jim Carson 1519 1/2 East Nob. Hill Boulevard, spoke against the annexation, commenting he does not feel the signing of the outside utility 'agreements _is- legally binding, andLfurther asked, for .a legal - opinion to.determine if "dangling the HUD.money in front of these people is legal." Mayor. Beauchamp reminded Mr. Carson that.the,residents .from the eastside came to the City. Council and asked for .assistance when._they were experiencing sewer problems in that particular area; it was not the City that had initiated the annexation. Verna Beggs, 1204 East Spruce, expressed displeasure that so many of the •residents had signed outside utility agreements and had agreed to annex to the City, but now are . ..refusingi to do so. She encouraged •Council to pursue every legal avenue necessary to bring about the annexation. It was .MOVED by Buchanan, seconded by Sims, to accept the report and recommendation. Unanimously carried by voice vote.: Carmichael and Foy absent. - •9. REPORT FROM LEGAL DEPARTMENT REGARDING PROPOSED BALLOT PROPOSITION REGARDING ESTABLISHMENT OF A "STRONG MAYOR" FORM OF GOVERNMENT City Clerk Roberts stated the number of signatures received as of December 14,. 1987. total- 2,235 of which 1,705 signatures were validated. Mayor Beauchamp stated this is a sufficient number of signatures needed to place this issue on the ballot. He added he has a press release and recommendation±to read following comments by Larry Mathews. Mr. Mathews, 805 South 17th Avenue, presented to the City Clerk document! regarding the Charter amendment stating these can be voted on at the 1989 municipal general election without affecting the Charter change. He stated the changes are suggested to clarify the language. He also presented a resolution to set February 2nd as an election date and stated if the City Council chooses not to set the February 2, 1988 election date, the CHARGE B -4 ---- - 2' 0 6 DECEMBER 15 , 1987 I !, Committee can take the following- action: 1) engage in a long - expensive legal -battle with the -City, 2) accept the will of the Council and do nothing, or 3) file charges of malfeasance against the members of' the City Council for failure to comply with the City Charter ,• State Constitution and State Law. 'Mr.- Mathews= stated the CHARGE- Committee will make no - further • statement until- after December the 18th deadline for -the City to file the resolution- with the County Auditor setting the election date for February 2,'1988. Mayor °Beau asked Mr'. 'Mathews who were the co- authors of the proposed amendment. He . stated he had drafted the changes' with the help of the 'CHARGE 'Committee.' Mayor Beauchamp asked who the members of the CHARGE Committee are - and , ' Mr. Mathews stated he would provide trim= with 'a =list of name's! of the committee'members. He indicated -he had used material'ifrom the Bellingham,- Everett and Yakima City Charter in drafting the proposed amendment; 'Mayor Beauchamp then read the - prepared news release, dated December '15,''1987, 'recommending setting the special election during the month 'of March,• of the news release were provided to the ' ' news: media.) It was MOVED by Berndt, seconded by Sims, -to adopt the Council Committee' recommendation: City Attorney Vanek stated the' ' date for the election will be the third Tuesday in March. The question was called for 'a vote on the motion. Unanimously carried by voice vote. Carmichael • and Foy absent. *10. NOTICE -OF INTENT TO CO/ ENCE ANNEXATION OF CITY OWNED CHESTERLEY PARK (SEE • RESOLUTION) RESOLUTION NO D- 5415;' A RESOLUTION declaring the intention- of the Yakima City Council to annex the Chesterley Park property to - the City of Yakima. *11. CONSIDERATION' OF RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NORVAC SERVICES, INC. FOR HAZARDOUS WASTE DISPOSAL RESOLUTION NO. D -5416, A RESOLUTION authorizing the execution of a' contract - with Norvac Services, Inc. for the disposal -of C-ity hazardous wastes. *12. CONSIDERATION OF RESOLUTION- AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR MAPPING, LICENSING AND SERVICES RESOLUTION NO. D- 5417', A- RESOLUTION authorizing the' execution of a professional services agreement - with - , - Environmental . Systems • Research Institute. *13. APPROVAL OF-IFINAL CONTRACT PAYMENT 'FOR THE ` "J "-STREET INDUSTRIAL PARK SEWER PROJECT (STANDARD MOTION V -A, ACCEPT PROJECT AND APPROVE FINAL PAYMENT) The report from the City Engineer .dated 'December. 7, 1987; with respect to the completion of the work on . the - '"J" ,Street Indust Park Sewer Project, performed by Central Concrete &' Utilities, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *14. REPORTS FROM DEPARTMECTT OF `FINANCE AND BUDGET A. •APPROVAL OF NOVEMBER -1987 'TREASURY REPORT (STANDARD MOTION V -B --ACCEPT ' AND APPROVE REPORT) The report from the Director of Finance and Budget dated December 15, 1987, regarding the investments of the City of Yakima, was accepted and approved. B. APPROVAL OF NOVEMBER 1987 BUDGET REPORT (ACCEPT FOR FILING) The Revenue and Expenditure Reports for November 1987 were accepted for filing. *.15.• CONSIDERATION OF ORDINANCES MAKING FINAL APPROPRIATIONS AND - AMENDING THE 1987 BUDGET (FIRST' READINGS) : - • : • B -4 DECEMBER 15, 1987 207 A. AN ORDINANCE APPROPRIATING FUNDS FOR HAZARDOUS WASTE DISPOSAL An Ordinance appropriating furds. waste disposal having been read by title only at this meeting, was laid on the table for one week or until December 22, 1987. B. AN ORDINANCE AMENDING THE HEALTH BENEFIT RESERVE FUND An Ordinance funds to pay potential December health benefit claims 'having been read by title only at 'this meeting, was laid on the table for one week or until December 22, 1987. • 16. OTHER BUSINESS Information items: Its of information supplied to Council were: Memorandum from Director Public Works regarding Yakima Transit Special Services,, 12/4/87;. Letter from Washington State Department of Transportation regarding funding for Yakima Avenue and 8th Street Intersection, ' Improvement Project,.12 /7/87; November 1987 Minority Business Enterprise Report, rv 12 /10/87; November 1987 Monthly Report from the Department of Community & Economic Development, Code Administration Division, re: Building Permits; November 1987 Monthly _ Report re :' Community Development Block Grant, 12/15/87 - and ' "Article from • December '6: - 1987 Journal-American "Bellevue 'budget gets 'final look Monday." - - 17. EXECUTIVE SESSION TO HEAR APPEAL OF DENIAL OF TAXI DRIVER'S LICENSE (MATERIAL AVAILABLE TUESDAY) Council ( member Barnett asked if Council has `to come back 'into open session to. disclose the determination of the appeal of the taxi: drivers license. City Attorney Vanek responded negatively: City Manager Zais stated Council may wish to go, into executive session to discuss: this issue with staff prior to . inviting the petitioner into the meeting`to "hear the appeal. It was MOVED'by Buchanan, seconded by Sims', to move into Executive Session for discussion of pending litigation and to hear the of the denial of the taxi _,,driver's license, followed by immediate, adjournment. Unanimously carried by voice vote. Carmichael and Foy absent. 1.8. ADJOURNMENT . Following the completion of the Executive Session, ,the meeting was adjourned,at the hour of 3:35 P.M. ,, ' ± READ AND CERTIFIED- ACCU RATE BY 'df/ti,_ / _ A: • + / g r ' COUNCIL MEMBER DA :/ . - i / ya g,6' , Al'l+I:ST: COUNCIL I IDI i:ra" A, DA 4 ' K - e-,ti +, 1 .�: .LA! / - Aa0 KAREN S. ROBERTS, CITY CLERK MAYO' MINUTES PREPARED BY c ,& , . BARBARA J . o DEPUT,/ CITY CLERK 1. . + ' + II B -4