HomeMy WebLinkAbout02/23/1988 Business Meeting •
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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
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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
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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
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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
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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
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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
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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
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ATTEST: Wet L ' '„ :E' ATE
KAREN S. ROBERTS, CITY CLERK, CMC PATRICIA A. BE 1 , MAYOR
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MINUTES PREPARED BY �`1 �
BARBARA J. TON V DEPUTY CIri CLERK •
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