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HomeMy WebLinkAbout06/16/1977 Adjourned Meeting 530 ADJOURNED REGULAR MEETING -- June 16, 1977 The City Council met on this date at 3:00 P.M. at the Yakima Convention Center for the purpose of discussing and reviewing the CBD L.I.D. Council members present were Mayor Edmondson, Jean Allard, Ralph Holbrook, Dr. Bill Simmons, W. K. "Pete" Moore, Nadine Walker and Gordon Wonder. City Manager Eastman reviewed the legal posture of the City Council when it sits as a Board of Equalization. Phil Keatly, of Norm Jacobson and Associates, who prepared the preliminary assessment roll, with the assistance of City personnel, explained in detail the general formula used on the various rolls. Forrest Walls, Bond Attorney, explained the General Guidelines for the levying of Assessments by Washington Cities and gave a brief outline of these general legal guidelines which exist for the levying of special assessments on property within local improvements districts formed by cities in the State of Washington and the rules which exist to aid in the process of formulating and levying such assessments. He further reviewed the Special Benefits section, the Assessment Formula and the changes that can be made in the formula following the formation of an L.I.D. and the changes in Assessment that can be made at the Final Assessment Roll Hearing. Councilman Wonder raised questions regarding the special benefits to the property and how this decision is reached.in levying the assessments. Mr. Walls explained that the assessment levied against a parcel of land cannot substantially exceed the special benefit. The Council can make the determination that there is a benefit to the property, based on the material they have from the engineer who certifies that in developing the assessment roll that it does reflect the special benefits. If a property owner feels the assessment does exceed the special benefit, he can appeal. The benefit should at least be equal to the assessment, by reason of the improvement and the fair market value of the land. Mr. Walls further explained that the cost of the improvement should be distributed according to a general formula -- in the case of this particular L.I.D., based on distance, general benefit and parking benefit for parking improvements, (Assessment Roll 3, 4 & 5) and General CBD Improvements (Assessment Roll 1) based on square footage. Mr. Walls stated that the amount of the preliminary roll is not strictly binding. It can be increased or decreased. If the project costs increase, the formula may be revised. He further explained that at the final hearing on the Assessment Roll, the Council sits as a Board of Equalization and at that time, considers individual assessments, whether it has been correctly calculated, if the formula has been correctly applied and any other matter including hearing protests or other information from property owners. At that time, the Council may raise or lower amounts of assessments. If it raises any parcel, then the whole procedure will have to be started over. There was much discussion and questions by Council members regarding the Hearing process and assessment _rolls, etc, with Mr. Walls answering these questions. It was noted that many of the present Council members were elected since the Preliminary Assessment Roll was prepared and approved and are not familiar with the formula used in figuring the Roll, and this meeting is to review the process and become familiar with the formula used and decide if any changes should be made. Phil Keatly and Larry 'right, who prepared the original preliminary assessment roll II/ reviewed for the Council the process and formulas used in this preparation. JUNE 20, 1977 531 The City Council met in session on this date at 6:30 p.m. at KYVE-TV Station, Yakima, Washington. Council members present at the meeting were Mayor Betty L. Edmondson, Jean Allard, Dr. Bill Simmons, Nadine Walker and Gordon Wonder. Councilmen W. K. "Pete" Moore and Ralph Holbrook absent and excused. Mayor Edmondson reported that a letter had been sent to Charles Smith re declination of purchase of his painting submitted to the Yakima Convention Center. A copy of this letter will be distributed in next week's Council packets. The Mayor reported that Mary Gustafson had indicated she would like to serve on the Human Relations Commission Board. It was MOVED by Allard, seconded by Wonder to appoint Mary Gustafson as a member of the Human Relations Commission Board to fill the unexpired term of Mary Hersey to April, 1978: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye by voice vote. Holbrook and Moore absent. Mayor Edmondson announced that the appointments for the Airport Advisory Commission have been made and confirmed. Mr. George Velikanje, regretfully declined this appointment, saying that he would like to be considered in the future, but he is too busy right now to accept. George Hislop, Council's elected alternate, will serve on the Board. Council will receive information on the Airport Advisory Commission next week. Reverend Brandon had informed Mayor Edmondson earlier that some of the children cannot afford the fee for swimming at Miller or Washington Pools, and requested that Council consider allowing a "free swim" session for one or two afternoons a week at those two pools. It was the general consensus of the Council that since the Parks and Recreation Department has an unwritten policy to admit children anyway, even if they can't afford to pay to swim, thatno action would be taken on this matter except to notify Reverend Brandon of this policy. Council discussed the Fechtor Road problem. It was the general consensus to wait until the traffic count is concluded before making any decision on this matter. City Manager reported that the County traffic count, taken in March of this year, was 581 cars per day. Mayor Edmondson pointed out that the City's present policy is to go0A the road and have the residents pay for the oil. City Manager Eastman informed Council that a petition had been received in January for a street light on 34th Avenue/just south of Chestnut. As a result of this petition, City Manager asked for a street light program outline. He reported that most of the arterials have insufficient lighting. Mr. Eastman explained the street lighting program proposed, referring to a map prepared by former Traffic Engineer, Bill Stark. He recommended Council to. consider this plan, putting mercury vapor lights in where indicated on the map, and if the block is more than 500 feet long, install sodium vapor lights. Mr. Eastman stated he would like to see the City get into sidewalk, street lights, and people service programs. The funds implementing this program can be obtained from increased taxes or decreasing other services, or the City could adda street light tax onto its utility accounts. Mayor Edmondson pointed out that this Program would be a tremendous crime deterrent'. Mrs. Josie Uhlman, 210 So. 34th Avenue, requested Council to install a mid-block street light on So. 34th Avenue between Chestnut and Home Drive where there is an existing pole which can be used. Mrs. Uhlman believes it would cut down on vandalism and II/ conserve energy because the individual homeowners would not need to turn on outside lights. Councilman Wonder said he was impressed with this proposed street lighting program and would like to refer it to staff for their recommend- ations for financing. City Manager Eastman reported that this matter will be brought back to Council in about three weeks. Speaking about the EDA application, City Manager Eastman reported that it has to be in Seattle by July 8, 1977. The School District is entitled to a portion of the funds granted, and a meeting has been scheduled for June 29 to discuss this. If the City and the School District cannot agree on how they should share this money, then the Regional Administration of EDA will make the selection as to which projects will receive funding. Mr. Eastman outlined the projects listed in Resolution No. D-3598, explaining which programs could possibly be funded through another source and which ones the City could begin construction on within 90 days. Glenn Rice, Director of Community Development, informed Council that any cost overrun would have to be paid by the City. He also stated that a priority form has to be in before the application and asked that Council give priority to four or five projects. Listed below are the projects given priority by Council by general consensus: 532 JUNE 20, 1977 Yakima Avenue Resurfacing Project (6th Avenue to 8th Street) 2. Naches/Yakima Avenue Intersection Improvements 3. Addition Improvements to Yakima City Shops and Maintenance Complex 4. Capital Theatre Construction 5. One Million Gallon High Level Reservoir for City of Yakima . Domestic Water System After meeting with the School District, Mayor Edmondson stated she would call a meeting with Council, probably on June 30, 1977. At 8:00 p.m., the Council members moved into KYVE-TV studio, for the balance of the meeting, Mayor Edmondson presiding, Council members Allard, Simmons, Walker and Wonder, City Manager Eastman and City Attorney Andrews present on roll call. Councilmen Holbrook and Moore absent and excused. The Invocation was given by Councilman Simmons. Mayor Edmondson referred to the items placed on the Consent Agenda questioning whether there were any additions or deletions from either Council members or citizens present. The City Clerk then read the Consent Agenda items, including Resolutions by title. It was MOVED by Walker, seconded by Wonder that the Consent Agenda, as read, be passed: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda to be handled under one motion without further discussion.) *It was MOVED by Walker, seconded by Wonder that the minutes of the previous meeting, having been duly certified accurate by two Councilmen and no one present wishing to have said minutes read publicly, be approved: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. ' Herb Harmon, President of the Sundusters, appeared before the Council to seek financial support for their float. He described the Sundusters as being the unofficial greeters for the City of Yakima. Every member is required to attend two out-of-town festivals, which usually costs around $150 per trip and is paid by the member. Steve Anderson, Float Chairman, described the float as it is now and informed Council that it is towed by a volunteer and is difficult to pull at high speeds. Estimates to construct a new float and trailer, and purchase a used pickup is $22,000, and breaks down as follows: float chassis - $1800, labor - $1500, 30 foot trailer - $3700, revamp trailer - $600, and $4500 for a used 3/4 ton pickup, and an annual maintenance cost of $10,000. The float is used in approximately 14 parades a year. The life expectancy of the float would be at least 10 years, and they would carry their own insurance. It was MOVED by Simmons, seconded by Walker that the matter of the proposed funding for a float for the Sunduster be referred to staff to schedule a study seseion and come back to Council within 30 days: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye by voice vote., Holbrook and Moore absent. Robert Moreland, Jr., informed Council that he had submitted a damage claim for lost wages because of neglect of the City to keep the baseball diamond in good repair at Gardner Park, causing him to fall and break his foot. City Attorney Andrews reported that this claim has been submitted to the insurance company. Mr. Moreland said that the insurance company has contacted him and informed him that his claim had been rejected; the reason being the City is not liable for any damages that happens in their parks. Mr. Moreland also stated that the baseball diamond still has a potentially dangerous situation at home plate. It was the general consensus of the Council to have Mr. Moreland's claim proceed through normal channels and have staff investigate the existing potentially dangerous situation on the baseball diamond. Larry Klavano from the Department of Ecology, spoke to the Council on the litter control grant. Councilman Wonder questioned why after one and a half years, the City is now asked to help fund this program. Mr. Klavano reported that the State is now receiving more applications for funds and is asking that cities and counties finance 1/3 of the grant. Councilman Wonder asked Fire Chief Carroll where he was going to get the money for this grant and would he rather spend that money for litter control or fire suppression. Chief Carroll explained that he didn't have the money in his budget this year, but believes the litter control program is a success and indirectly aids in fire suppression. It was MOVED by Walker to continue with this program. Motion died for lack of a second. Mayor Edmondson asked the City Manager if he had any idea how this program could be funded. Mr. Eastman said the money could be funded by general revenue, or FRS funds, or possibly from the Refuse Division, where litter control has the JUNE 20, 1977 533 greate t effect. Councilman Simmons felt that the program should do more than just /Riizens aware of the litter problem. Mr. Klavano informed Council that this litter control program has reduced litter by 66 %. It was MOVED by Wonder, seconded by Allard to disapprove allocating funds for the litter control act: carried, Allard, Simmons, and Wonder voting aye by voice vote. Edmondson and Walker voting nay. Holbrook and Moore absent. It was MOVED by Allard, seconded by Simmons that Resolution No. D -3711, authorizing extension of the lease agreement with Yakima School District No. 7 for use of a portion of City Park property, to then expire June 20, 1978, be passed: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. RESOLUTION NO. D -3711, A RESOLUTION extending the terms of tenancy of a lease agreement between the City of Yakima and Yakima School District No. 7. City Manager Eastman referred to City Treasurer, Walt Chappel's report, stating that the property located at 1407 Swan Avenue, foreclosed by the City in L.I.D. foreclosure proceedings in 1957, is now available for sale, due to the death of the lessee, Mr. Bauer. Mr. Bauer's family has been notified and indicated they do not wish to make any attempt to redeem the property. It was MOVED by Wonder, seconded by Allard that Resolution No. D -3712, authorizing the sale of City - owned property at 1407 Swan Avenue, be passed: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. RESOLUTION NO. D -3712, A RESOLUTION authorizing the sale of real property owned by the City. City Manager Eastman explained that the bridge on So. 48th Avenue has a load limit and is now restricted to one lane of traffic due to dry rot on three of the caps and in the decks located at each end of the bridge. The bridge is presently 75% City and 25% County, and the approximate cost to the City for repair of the bridge is $3,647.92, with the County making the necessary repairs. It was MOVED by Wonder, seconded by Allard that Resolution No. D -3713, authorizing the expenditure of funds for repair of the bridge on So. 48th Avenue, without calling for bids, be passed: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. RESOLUTION NO. D -3713, A RESOLUTION declaring an emergency and authorizing the • expenditure of funds for bridge repair without calling for bids. City Manager informed Council that with the resignation of the City's electrical engineer, the City is in the midst of a project without an electrical engineer. Therefore, Council is asked to authorize the hiring of consulting engineering services for installation of electrical facilities for the Central Business District Improvement Projects. It was MOVED by Allard, seconded by Walker that Resolution No. D -3714, authorizing the City to hire consulting engineering services to be performed by Horton Dennis and Associates, Inc., be passed: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. RESOLUTION NO. D -3714, A RESOLUTION authorizing the City Manager to hire consulting engineering services to be performed by Horton Dennis and Associates, Inc. City Manager reported that Glascam Builders, Inc., has requested the City to maintain a sewage lift station and lagoon, servicing a mobile home court located between 76th Avenue and 80th Avenue, south of Nob Hill Boulevard, until the proposed West Valley Trunk Sewer is constructed in mid 1978. The City would pass on the costs of maintaining the sewage lagoon to Glascam Builders. Councilman Simmons asked if it would emit a bad odor. Mayor Edmondson said that this had come before the Health Board and has it's approval to install the sewage lagoon. There is no odor if properly maintained. City Manager said that this system operates the same as a septic tank, but looks like a small lake from a distance. Mayor Edmondson asked if the City would be held harmless if it should malfunction. City Attorney said that it would be the City's obligation to manage it to see that it continues to operate. Mayor Edmondson asked if they had signed an outside annexation agreement. City Manager said that it will be required before service is rendered. It was MOVED by Allard, seconded by Walker that Resolution No. D -3715, authorizing execution of a contract with Glascam Builders, Inc., for management of private sewage facilities, with an outside annexation agreement, be passed: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. .Holbrook and Moore absent. JUNE 20, 1977 534 RESOLUTION NO. D-3715, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a contract with Glascam Builders, Inc., for management of private sewage facilities. It was MOVED by Walker, seconded by Wonder that Resolution No. D-3716, authorizing granting of permits for the retail sale of fireworks within the City of Yakima for 1977, be passed: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. RESOLUTION NO. D-3716, A RESOLUTION granting permits for the retail sale of fireworks within the City of Yakima for 1977. *It was MOVED by Walker, seconded by Wonder to deny payment of a damage claim filed by Mrs. A. F. Lydall, in the amount of $35.45, for a defective irrigation water valve: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye II/ on roll call. Holbrook and Moore absent. RESOLUTION NO. D-3717, A RESOLUTION denying the claim of Mrs. A. F. Lydall filed with the City of Yakima on June 7, 1977 in the amount of $35.45. It was MOVED by Walker, seconded by Wonder that the report of Acting City Engineer dated June 14, 1977 with respect to the completion of the work on public works contracts: 12-inch watermain high level cross tie on So, 48th to So. 53rd Avenues; "J" Street watermain; Yakima Center improvements, Schedule I; and Yakima Center improvements, Schedule II, be approved, the work be accepted and payment of the final estimates as therein set forth is hereby authorized: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. *It was MOVED by Walker, seconded by Wonder to approve the outside utility connection for water and sewer for Dave Hargroves for property located at Mead Avenue, between Ledwich and Voelker Avenues; and for sewer for J. R. McDonald for property located at 4906 West Tieton Drive; and for water and sewer for Prestige Realty for property located south of King Street, between Ledwich and King Streets: carried, Allard, Edmondson, Simmons, •Walker and Wonder voting aye on roll call. Holbrook and Moore absent. It was MOVED by Wonder, seconded by Simmons that the motion initiating amendment to Title 12 "zoning", of the City of Yakima Municipal Code and referring the matter to the Planning Commission, be passed: carried, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Allard voting nay. Holbrook and Moore absent. The proposed ordinance creates a B-4, Expanded General Business Zone, specifying land usefpermitted therein, and restricting adult entertainment business to B-4, Expanded General Business Zone. Councilman Wonder informed Council of the "Detroit Plan" which permits any type of adult entertainment in an area as long as all the neighbors within 300 feet don't object. MOTION, A MOTION initiating amendment to Title 12, "Zoning", of the City of Yakima Municipal Code. Mayor Edmondson explained that Fund 474, Cumulative Reserve Fund for Domestic Water Supply Development, which was established in 1957 to accumulate money with annual City Council appropriations for large water construction projects, has been inactive and has outlived its usefulness to the City. Therefore, any remaining balance in the fund 474 should be transferred to Fund 477 Domestic Water Supply Development. It was MOVED by Allard, seconded by Simmons that Ordinance No. 2078, repealing Chapter 3.12, "Water Cumulative Reserve Fund" and consolidating special funds, be passed: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. ORDINANCE NO. 2078, AN ORDINANCE relating to funds and accounts; consolidating special funds and repealing Chapter 3.12, "Water Cumulative Reserve Fund", and all sections thereof, of the City of Yakima Municipal Code. City Manager explained the proposed Ordinance relating to the amusement device - business operator's license, master licenses and location licenses. Councilman Wonder asked who would enforce this ordinance. City Clerk Iris Litzenberger told him that the Police Department checks the machines and audits the master license application. This ordinance was requested by some of the amusement device operators in hopes of decreasing the individual machine fees. It was MOVED by Allard, seconded by Simmons that Ordinance No. 2079, relating to licenses and business regulations, be passed: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. . _ _ JUNE 20, 1977 535 ORDINANCE NO. 2079, AN ORDINANCE relating to licenses and business regulations; defining terms; requiring amusement device business operator's license, master license and location license; amending Section 5.12.010, 5.12.020, 5.12.040, 5.12.050, 5.12.060 and 5.12.070, and enacting new sections 5.12.030 and 5.12.080, and repealing Sections 5.12.100 and 5.12.110 and Chapter 5.40 "Jukeboxes", and Sections 5.40.010, 5.40.020,, 5.40.030, 5.40.040 and 5.40.060, all of the City of Yakima Municipal Code; and declaring an emergency. City Manager explained the proposed Ordinance relating to licensing and regulating "panorams" and "peep shows". Councilman Allard asked what the penalty is for violation of this ordinance. City Attorney Andrews informed Council that under Chapter Title 5, violators could be fined not more than $250 or sentenced to not more than 90 days in jail. It was MOVED by Allard, seconded by Simmons that Ordinance No. 2080, regulating and licensing "panorams" and "peep shows", be passed: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. ORDINANCE NO. 2080, AN ORDINANCE relating to licenses and business regulations; defining "panorams" and peep shows"; defining panoram location licenses, panoram operator's licenses and panoram device licenses; regulating panoram businesses and premises; enacting Chapter 5.11, "panoram licenses" and various sections thereof as a new chapter and new section of the City of Yakima Municipal Code; enacting Section 5.10.012 as a new section, and repealing Section 5.10.030, of the City of Yakima Municipal Code. The proposed ordinance relating to licensing dance studios was discussed. Councilman Walker expressed concern that the requirements for obtaining this license are not the same as the requirements for obtaining any other regulatory license, making it sound like government by harrassment. Councilman Wonder stated that he felt it was the wishes of the people and not government by harrassment. City Attorney Fred Andrews outlined the requirements of the proposed ordinance saying that three different licenses would be required, as follows: one for the location of the business; one for the manager of the business, who will be responsible for that dance studio; and one for the dancers. These applications allow the police to investigate the business. The fees cannot be so that it would tax the business out of business, but reflect the expense of the City to make a background check. It was MOVED by Wonder, seconded by Simmons that Ordinance No. 2081, licensing dance studios, be passed: carried, Allard, Edmondson, Simmons and Wonder voting aye on roll call. Walker voting nay. Holbrook and Moore absent. ORDINANCE NO. 2081, AN ORDINANCE relating to licenses and business regulations; defining terms; requiring licenses for and regulating the operation of dance studio businesses; requiring licenses for dancers in dance studio businesses; specifying grounds and providing procedures for denying and revoking licenses; declaring certain conduct to be unlawful; and enacting Chapter 5.30, "dance studios", and the Sections thereof as a new chapter and new section of the City of Yakima Municipal Code. It was MOVED by Walker, seconded by Wonder to fix a time of hearing for July 11, 1977 on the matter of zoning and annexation of property north of Englewood Avenue between No. 34th and No. 40th Avenues, as requested by Petition No. 896, filed by Gene P. Mayer: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. It was MOVED by Walker, seconded by Wonder to fix a time of hearing for a II/ report from the Planning Commission on Prestige Manor Plat Environmental Impact Assessment on July 5, 1977: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. *After receipt of the report from the Planning Commission on Hamilton Park No. 8 Final Plat, it was MOVED by Walker, seconded by Wonder to authorize the Mayor to sign the final plan on Hamilton Park No. 8: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. Councilman Allard announced that there will be an election this year for three City Council positions. The filing time is the last week in July and citizens are encouraged to run for election. Mayor Edmondson also encouraged citizens to run for these City positions. Mayor Edmondson thanked KYVE-TV for their public service in broadcasting the City Council meeting. There being no further business to come before the Council, it was MOVED by Wonder, seconded by Allard to adjourn this meeting at the hour of 9:40 p.m.: carried, Allard, Edmondson, Simmons, Walker and Wonder voting aye on roll call. Holbrook and Moore absent. 536 JUNEAO, 1977 , ,/ READ AND CERTIFIED ACCURATE BY 4 ,1j� _,, /, — .j DATE y 77 COUN ILMAN DATE' ' 2- 77 COUNCILMAN f ATTEST: / 7 / CITY CLs•K / MAYOR 537 THIS SHEET INADVERTENTLY LEFT BLANK