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HomeMy WebLinkAbout02/23/1988 Business Meeting • 248' F EBRUARY 23, 1988 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 Pat Berndt, presiding, Council' members Clarence Barnett, Henry Beauchamp, 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 was given by Council 'member Foy. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER • None 4. CONSENT-AGENDA ' Mayor Berndt referred to the items placed on the Consent Agenda, . questioning whether there were any additions or deletions from either Council members or citizens present. It was the consensus of :the Council to remove Item No. 8, as requested by 'Council member Barnett. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Carmichael, seconded by Sims, 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.) *5. APPROVAL . OF_ THE_ MINUTES OF THE- COUNCIL MEETING OF FEBRUARY 16, 1988 The Council minutes.of February 16, 1988 were approved, having been duly certified accurate . by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION • Andy Brassington, 8 South 28th Avenue, requested Council's support and encouragement of the 3rd Annual Tree Top Bicycle Racing Classic to be held May 7 -8, 1988. He read a proclamation which he asked the City Council to place in the applicants invitation packets. The proclamation designates May 7 -8, 1988 as "Tree Top Bicycle Racing Classic Weekend." Council member Carmichael stated such a request does not have to be authorized by the entire Council; the Mayor has the .authority to grant such a request. Mayor Berndt expressed appreciation to Mr. Brassington for his involvement in this endeavor and indicated the Administrative Secretary, Debbie Moore, will prepare the proclamation for the Mayor's signature. Maxine Bissell, representative of the Yakima Valley Genealogical Society, addressed Council asking them to reconsider a recent decision to remove the two hour parking along the north side of B Street, between 2nd and 3rd Street. She stated the Genealogical Society has an office in the basement of First Christian Church and a number of elderly patrons, out of town visitors, etc., utilize those particular parking spaces on a daily basis, anywhere from two to six hours at a time. She stated 30 minutes is an insufficient amount of time for the patrons to conduct their genealogical research. Mrs. Bissell stated the Genealogical Society has been at this location for over six years, and the parking has always presented a problem, however, this recent action will compound the matter. She urged reconsideration of this decision. Council members Foy and Carmichael asked that the issue AAD /1 FEBRUARY 23, 1988 2 • be referred back, to John Hanson and other appropriate staff for additional review: • 7. . :REPORT FROM PUBLIC WORKS DEPARTMENT REGARDING PROPOSED MUSEUM BUILDING EXPANSION REQUEST • Director of Public Works, Jerry Copeland, stated staff has worked with Yakima. Valley Museum staff in an.. effort bring about the • • . proposal presented for consideration 'and approval today. Mr. :Copeland stated the only remaining issue is the transfer of sufficient land, to the Museum enabling them to expand as planned. He stated, historically, the Museum has maintained rest room • facilities for Franklin Park patrons, however, staff is recommending construction of a separate rest roam facility because those provided by the Museum will become - :inaccessible. to the public through the expansion project. Mr. Copeland stated the Museum .staff agreed to 'continue to provide rest room "facilities, but suggested a separate building be constructed which not attached to the Museum. City. believes it.will.cost the City about $31,000• construct separate block rest room facility, however, the Museum wants to commit to only $20,000 for. • such a facility. •- Council member Barnett asked what is the'alternative if the Museum does not agree to the $31,000 figure. Mr. Copeland Council • can take any action they•desire:in this instance, however, staff is indicating there are no additional funds available to build the rest rooms. Council member .Barnett stated :. if the.' Museum commits only $20,000 and the project requires $31,000; where does the City stand? Mr. Copeland stated the City •.wi11•. have to make up the difference and this was not included in the bond issue. Mr. Barnett stated that would not necessarily be theonly alternative, • because this proposal calls for an- exchange of . land r in some form. Mr. Copeland stated the City will be committing additionalland to the Museum as a result of the transaction. Council member Foy asked if the land was appraised,. or if it is going-to be. Mr. Copeland stated it has not been appraised, and are a couple of - options.. One option would be to appraise the land-and get a • comparable value in return- for the land. The Museum being a historical facility, and based on the fact that.: in- previous agreements, the Museum has committed other considerations to the City, the City Attorney determined the .could handle this either way they wish-. Council member asked aboutthe ordinance • Council passed ' stating a - bonafide appraisal had : to : be - submitted before vacated streets, or land is turned over to : anyone. City :1 Attorney Vanek stated this is not a sale of.land by the.City to the Museum; but•rather the City is entering-into an agreement- whereby • in , exchange• for land, the Museum promises; to use .that land to • provide a public museum facility.i.Under state law,: the City has the authority to operate a public' Museum, but rather :than do that, :the City :can contract with an agency to•operate •• public museum. He stated the consideration in the agreement is-not so much the money as the promise to run a public •museum facility. He • stated they do •not • do that, there is a reversionary clause in the deeds whereby • the land reverts back to,.thef Mr. Vanek explained the City is not declaring this•land surplus and selling it; we area- essentially: giving. them land in• :exchange for them .providing the-City with a•service, hopefully in perpetuity. Bruce Eyers, 212 South 29th Avenue,, President of the Board of Trustees at • the Yakima - Valley Museum and Historical Association,•stated , he, Del Bice and architect Bill Paddock :are present today on•behalf of the Museum. He expressed appreciation to the-City of for the Tong standing relationship the :.Museum :has. with the - City, and indicated if the City's•proposal :for the $31,000 is a "take it or leave it" offer,: the - Board of Trustees will , accept the offer and proceed with the expansion. Mr. Eyers reiterated Mr. Vanek's comments that the Museum does not own the ground,. and. there are reversion rights to the City should the Association and Society cease to exist. He:said Museum has faithfully provided rest roan since 1955 and proposed the _:$20;000 offer to get them out of the rest roan business and into'the.Museum business. Del Bice, 5108 • - West Lincoln,; Trustee of the Yakima. Valley Museum and Historical • Association, gaveTouncil sane ; background information regarding the history..iof Franklin. Park. He stated approximately 401 years the AAD /2 2'5 0 FEBRUARY 23, 1988 residents around'Stanley park purchased the and donated it to the City of Yakima. The Museum wanted to construct a building at that location about 6 -7 years later and an agreement was entered into with the City of Yakima giving the land to the Museum with the understanding that the museum would provide rest room facilities for park use. He stated the Museum has provided rest room facilities for the past 33 years for Franklin Park patrons under a unique situation, however, the Museum would like to terminate the agreement for security reasons. He stated they have made an offer of $20,000 to release the Museum from the responsibility of providing bathroom facilities for the Park. Council member Foy .asked about•the status' of the park bond issue. City' Manager Zais • stated there will be a presentation at the next Council meeting regarding the proposed schedule for the sale of those bonds. Council member Foy asked if interest earned from the sale of the bonds could be-used to make up the difference between the $20,000 and the $31,000. City Manager Zais stated there is the question of arbitrage to be considered in this issue. Mr. Foy stated this is facilitating park improvements to build a separate facility for • bathrooms in Franklin Park, along with the conjunction of the rehabilitation of Franklin Pool, and asked if this could qualify. Mr. Zais stated it could qualify, and a determination could be made • when bids are. received on final projects costs. Council member Foy asked if a motion is made today for the negotiating price to be $31,000, and could this amount be reduced when the Tinal costs are known? Mr. Zais stated, yes:, that is a possibility. Council member Sims stated there is a 1.5 million dollar fund raising effort currently under way and asked what portion of those funds is being set aside for the Museum expansion, and continued operation of the facility, or is'that a consideration? Mr. Bice stated those funds are not a consideration for the museum expansion or operation of the facility. He stated at the present time there has been $1,100,000 raised in cash and pledges and museum staff has recently .been notified that the Museum has been qualified for an • NEH grant up to $350,000, however, this is contingent upon new money being:raised on a three to one basis. Bice stated the entire $1,440,000 is being devoted to the expansion, and the operational expenses will come from the. normal endowment and • membership campaigns, etc. Council member Sims asked if there is a long term plan for the maintenance and operation of the Museum, and Mr. Bice responded affirmatively. It was MOVED by Foy, seconded by Carmichael, that the legal department develop an agreement that will provide for the land transfer, with similar terms of the previous transfer, and recommend that it be set at the figure of $31,000 .with " review .at •the time ;of the sale of the park bonds, and the question of arbitrage, that it could be reduced to $'26,000. Under discussion, City Attorney Vanek.asked what is the mechanism that raises or lowers the amount between. $31,000 and $26,000? Mr. Foy responded it would be by vote of the Council. Mr. Vanek stated without that articulated in the agreement the City could be placed the position of making those funds a gift to the Museum. The motion was withdrawn withthe consent of the second, and it :was :MOVED by Foy, seconded by Sims, that the legal department develop an agreement that will'provide for the land transfer with similar terms of the previous transfer, and recommend that it be set at the figure of $26,000 with a.review at the time of the sale of the park'bonds, and the question of .arbitrage. Unanimously carried by voice vote. Mr. Copeland commented the • original agreement' calls for the Museum to maintain those rest roams, however, staff believes it will be more logical for City staff to maintain those new facilities. The Council concurred with Mr.'Copeland that maintenance of the rest room facilities will be the responsibility of City staff in the future. 8. 1987 YEAR -END BUDGET REPORT Council member Barnett stated he requested this item be removed from the consent agenda because he wanted to make a very definitive remark on the fact that this is an excellent report. He stated over the last few years he has observed this report has been improved at the direction of City Council and cooperation from staff. He stated as a matter of interest to the City -Council, he AAD /3 FEBRUARY 23, • 1988 251 • asked , staff to prepare the quarterly status report as required by state , law. He displayed the document he was given•. andr.-commented that under -.the present form of .government, the- City-Council can issue -policy. and•.instructions to the: City.Manager,and because of that we have progressed to the- type of,-�report presently submitted by staff. He asked if under the strong mayor form of government would the mayor be required to provide the Council with a report over and above that which is required by state law? City Manager Zais stated Council would certainly have the; right to -request more information, however,- if the Mayor was - not ; inclined_ to-,provide , more information, • the . legal .requirements will have been met. He stated Council would have_,to take initiative to seek additional information or clarification through review of the budget records and documents. Council member Barnett asked if this could mean 'that.Council might have to hire their own staff. Mr. Zais Stated this is done''-in same other strong mayor communities. It was MOVED by Barnett, seconded by Foy, to accept the report. Unanimously carried by voice vote. *9: ' - `D TE OF PUBLIC MEETING FOR MARCH 15, 1988 ON A REZONE OF PROPERTY AT 1107 SOUTH 24TH AVENUE, FROM R -2 AND M -1 TO B -2, AS REQUESTED BY M & E COMPANY March 15, 1988 was " set as a date " of publid- meeting on a, Master Application submitted by M & E Company to rezone certain properties and for adjustments of, certain development standards, in the vicinity of 1107 South ;24th Avenue. , .`; ... *10. APPROVAL OF OUT -OF - STATE TRAVEL FOR: A. MURRELL YOUNG, WATER DIVISION, TO ALBANY, OREGON The out -of -state travel for Murrell Young, Water Division, to attend the basic aquatic microbiology workshop for water operators, . in Albany, Oregon, March 7 -11, 1988, at a cost of $310.00, was approved. B. TOM SELLSTED, INFORMATION SYSTEMS DIVISION, TO REDLANDS, . CALIFORNIA The out -of -state travel for Tom Sellsted, Information Systems Division, to attend an ARC /INFO training course, in Redlands, • California, March. 6 -18, 1988, at a cost of $1,260.00, was approved. *11. CONSIDERATION OF AN ORDINANCE ANNEXING PROPERTY KNOWN AS CHESTERLEY PARK ORDINANCE NO. 3085, AN ORDINANCE annexing property to the City of Yakima. 12. OTHER BUSINESS Council member Beauchamp commended Mayor Berndt for the fine presentation before the Chamber of Commerce regarding the Council /Mayor form of government. He stated it was . a tribute to the work the City Council and City staff are doing, and he hopes others received the same impression. Council member Foy stated he attended that meeting and applauded Mayor Berndt's presentation. Information Items: Items of information supplied to Council were: Letter from the General Manager, Yakima Valley Visitors & Convention Bureau, regarding report on management, operations, maintenance and promotion of the Convention Center, 2/11/88; Letter from Regional Manager, Department of Ecology, regarding City's application to add additional point of diversion from the Naches River under Surface • Water Claim No. .120528, 2/9/88; Various newspaper articles regarding drugs and crime link; Letter from the Royal Court • Association thanking Mark Anderson, Engineering Division, for his consideration and good judgment in proceeding with the 38th Avenue water pipe installation project, 2/17/88; Minutes of the January AAD /4 252 FEBRUARY 23, 1988 25, 1988 Yakima Center Advisory Commission; Letter from Jack Wrenn resigning from the Community Development Advisory Committee as the southeast representative, 2/5/88; and Letter from Elsie Gregorich resigning from the Community Development Advisory Committee as'the northwest representative, 2/12/88. 13. ADJOURNMENT • There being no further business to come before the Council, it was MOVED by Carmichael, seconded by Buchanan, that this meeting be adjourned at the -hour of 2:40 p.m. Unanimously carried by voice vote. READ AND CERTIFIED ACCURATE By , , _ ' , •. CIL M :ER •TE • /'�► 1'i Z if ATTEST: Wet L ' '„ :E' ATE KAREN S. ROBERTS, CITY CLERK, CMC PATRICIA A. BE 1 , MAYOR • MINUTES PREPARED BY �`1 � BARBARA J. TON V DEPUTY CIri CLERK • • • • • • • • AAD /5 •