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HomeMy WebLinkAbout01/12/1976 Business Meeting 68 JANUARY 12, 1976 At 1:30 P.M. Council Members Jean R. Allard, Ralph Holbrook, William ;Simmons, Nadine Walker and Gordon Wonder were sworn into office by Judge Bruce Hanson. At 2:00 P.M., the Council reconvened in the Conference Room at City i to discuss Council Organization. ; 'Councilmen present at the meeting were Jean R. Allard, Betty L. Edmond- son, Ralph Holbrook, W. K. "Pete" Moore, William Simmons, Nadine Walker and Gordon Wonder. It was MOVED by Holbrook, seconded by Moore that Councilman Simmons ; be appointed the temporary Chairman of the Council: carried, Allard, Edmondson, Holbrook, Moore, Walker and Wonder voting aye by voice !vote. In assuming the temporary Chairmanship, Councilman Simmons ;stated he wished to reaffirm his belief of the open meeting law lin view of the past weeks discussion of Council- meetings:. .0ther- Council members expressed support and desire to maintain an open :forum of credibility with the public. In this connection, City 'Attorney Andrews was asked to report on the legal requirements of the open meeting law. He stated that it would be best to review the law with them at a special study session in which he would ;discuss the intricacies of the law and special requirements for ;holding Executive Sessions. The Council discussed the necessity to continue holding a weekly 'luncheon meeting. It was MOVED by Edmondson, seconded by Holbrook 1 that Thursday Noon be set as the time for the regular Council lunch- eon. In discussing the motion, Councilman Allard suggested that the luncheon be held at several locations in the community, i.e., ISoutheast Community Center, Union Gospel Mission, etc., rather than ' ljust the Holiday Inn, to provide an opportunity for interested !citizens to be in closer contact with the Council. With this under- standing, the motion was approved, Councilmen Allard, Edmondson, 1 ;Holbrook, Moore Simmons, Walker and Wonder voting aye by voice I , ;!vote. : The Council next turned to problems concerning the Wastewater Facili- Y it and determined that Tuesday, January 13, at 4:00 P.M. there I would be a special meeting on that subject. I . ; 1 lCouncilman Gordon Wonder inquired as to the desirability of holding 'more evening meetings. The Council members suggested that depending i !on the situation and the subject matter, this could be arranged. i ? 'Council members requested that appropriate recognition be made , for retiring Council members and City Manager McMicken indicated ' this would be done in the forthcoming week. I . The Council next turned their attention to discussing the role I of the Mayor, with Councilman Allard suggesting that the office ( was becoming too administrative and should be reduced in scope and !responsibility. Additionally, Gordon Wonder indicated that the , I ■ responsibility currently held by the Mayor should be divided among . I ;Council members, such as serving on various commissions and per- forming other routine duties as required. Councilman Edmondson 1 indicated that the Mayor did not have "power" in this position but served at the pleasure of the Council to attend and partici- pate in various community meetings, serve on boards and commission ; 1 1 but did not intend to represent a policy position of the Council, ; 1 ; ; which is determined by the majority vote. Councilman Moore also i lquestioned the necessity for devoting so much time by the Mayor i on the job. Discussion followed on the Mayor's salary with Council-' 1 :man Wonder suggesting a reduction and questioning whether the new ! iCouncil had the authority to reduce the salary of the Mayor. City l ;Attorney Andrews advised that the new Council had the authority to ' ' lreduce the salary by ordinance if they so directed. Subsequently, it was MOVED by Wonder, seconded by Holbrook that the Mayor's salary be reduced to $400 per month and that an Ordinance be drawn specifying ' i this amount for 1976. In discussing this motion, Councilman Simmons 'suggested an amendment that the salary be lowered to $500 per month 1 i nasmuch as this was not out of line with other offices of similar : I , , 1 ; - - 6 JANUARY 12, 1976 responsibility; however, this amendment failed to be accepted. ;Councilman Allard recommended the action as being necessary to ,reduce the image of the job as currently perceived by the Community. The motion than passed by a 4 -3 majority vote. Jean R. Allard, Ralph Holbrook, Nadine Walker and Gordon !Wonder, having been duly elected to the Office of Councilmen for 4 -year terms and William Simmons (01,cuznb.erit for a 2 -year term) , on November 4, 1975, and the Oath of Office having been ;administered to them by Superior Court Judge Bruce Hanson in the County Courthouse on this date, are now duly seated as Councilmen for the City of Yakima. At 3:00 P.M., the Council members moved into the Council Chambers for the balance of the meeting, Acting Chairman William Simmons !presiding, Councilmen Allard, Edmondson, Holbrook, Moore, Simmons, ;Walker and Wonder, City Manager McMicken and City Attorney Andrews !present on roll call. The Invocation was given by Councilman Allard. The minutes of the previous regular meeting of January F5, 1976, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Acting Chairman Simmons declared said minutes approved ■as recorded. 1 i The next order of business was the election of a Mayor and Assistant Mayor for the next two years. Councilman ;Allard submitted in nomination the name of W. K. "Pete" Moore for Mayor. Councilman Moore declined the nomination and submitted hn i; ©r� the, 114n Betty Lot, - Edmondson for Mayor. The nomination was seconded by'Councilman Holbrook. It was MOVED by Walker, seconded by Wonder that :nominations be closed: carried, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice ;vote. Councilman Allard not voting. Upon roll call, !Council members Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye. Councilman Allard not voting. !Councilman Betty L. Edmondson having been elected Mayor for the next two -year term, the Council meeting was turned over to her. Mayor Edmondson called for nominations for the position of Assistant Mayor. Councilman Wonder submitted in nomination the name of W. K. "Pete" Moore for Assistant Mayor. The ;nomination was seconded by William Simmons. It was MOVED by Allard, seconded by Walker that nominations be closed and the Clerk be directed to cast a single ballot for ■ ■ Councilman Moore: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice ; vote . This being the time set for hearing on Petition No. 871, filed by Va -Alta Inc., requesting vacation of a portion of Yakima Avenue between North 10th and llth Streets, ■ ■ Principal Planner Dick Hill reviewed the Planning Staff ■ Report and Planning Commission Minutes on this request dated j December 18, 1975 and January 6, 1976, respectively. He indicated that the Holiday Inn and Department of Highways request vacation of this portion of Yakima Avenue to accommodate additional parking spaces necessary in expansion of the Holiday Inn facilities. The Planning staff and Planning Commission recommend approval of the request, subject to the following conditions:, • 71) JANUARY 12, 1976 1. That necessary utility easements be reserved. 2. That a landscaping plan be submitted to and approved by the Office of Environmental Planning indicating the : extension of landscaping to the east and extension of the existing sidewalk. : Mr. Hill reported that the City Attorney indicates condition #1 will be included in the ordinance providing for the vacation, but that the second recommendation is not a legal requirement ! that can be attached to the street vacation. However, the Highway Department agrees to work with the Holiday Inn on the second recommendation. Councilman Wonder addressed the ; possibility of making a charge to property owners for right-of-way when such a vacation takes place. City Manager McMicken indicated that this procedure is legal, but that the City has not exercised that option to this time. Councilman Allard 'questioned the right to the sidewalk for access to Yakima Avenue. It was noted extension of the sidewalk would be 1 at the discretion of the Holiday Inn. Councilman Allard 1 felt that sidewalk access should be retained. Mr. Jim Elliott, Holiday Inn, indicated his intent to extend the sidewalk ' east to provide pedestrian access east and west. He reported he will buy half the property in question-. from the Highway Department and thereafter, put in a sidewalk. City Attorney Ahdrews suggested the City obtain an easement from Mr. Elliott ' specifying the sidewalk area, which document could be held until the ordinance is in effect. It was MOVED by Simmons I that the Council pass the Ordinance with a provision that the easement document be delivered by the next regular Council meeting. I The Motion lost for want of a second. Councilman Holbrook requested' that the staff look into this matter and follow up on the suggestion, of Councilman Wonder so that a fair value is obtained in exchange of property. Councilman Wonder suggested that i! the money collected be placed in a Right-of-Way Fund. Charges would not be retroactive. After due discussion, it was L MOVED by Simmons, seconded by Holbrook that this Hearing be - continued for one week: carried, Allard, Edmondson, Holbrook, r IMoore, Simmons, and Wonder voting aye by voice vote. Also present and speaking to this matter was Mr. Paul Cook. ; This being the time set for the Hearing on the Rezone Application i filed by New Valley Osteopathic Hospital, requesting the ! rezone of property located at 3003 Tieton Drive, Principal Planner Dick Hill reviewed the latest Staff Report and Planning ' I Commission Minutes on this subject dated November 24, and L December 2, 1975, respectively. He reminded Councilmen ! that this request was before the City Council on October 14, 1975 1 , i as the result of:an appeal to the Planning Commission's denial. At that time, it was referred back to the Planning Commission 1 for rehearing. At the Planning Commission meeting held '1 December 2, 1975, there was a 4 to 4 tie vote; therefore, no recommendation to the Council. The proposal is for a parking lot immediately to the west of the New Valley Osteopathic 1 Hospital at Tieton Drive and 31st Avenue. The property consists of four lots on 31st Avenue. Present zoning of the property is R-1, Single-Family Residential. The same zoning also exists to the north, west and south and to the east, R-3, Multiple-Family zoning. The plan meets the requirements ; ! of the City's Parking Ordinance and the staff still recommends ! 1 approval. Councilman Simmons addressed questions regarding lighting and site screening. Mr. Hill indicated that the plans are as shown on the plan drawings. Two islands for I lighting are indicated. City Manager McMicken read correspondence , from C. L. Hill, 409 So. 32nd, A. G. Stiles, 411 So. 32nd and Inez Adkison, 3106 Tieton Drive, all protesting the rezone. ! I Mr. Doug Peters, Attorney and Hospital Board Member, referred to the Petition filed with the City from 23 homeowners in ! favor of the rezone. He emphasized that the hospital requests , the rezone in order to establish adequate parking. He indicated 1 two changes in the plans, to include provision for a fence along the length of Leonard Crose's property and provisions for 1 ' JANUARY 12, 1976 the light pole islands. He further reported that since , the last meeting, the Hospital Board has contacted everyone , in the surrounding area. Councilman Simmons questioned Hwhether the hospital had immediate plans to upgrade the existing parking lot in terms of beautification. Mr. Bob Saylor, Administrator of the Hospital, indicated the Hospital's ;plans to bring the existing parking lot up to specifications of the !proposed parking lot area. He indicated randum written !comments from persons entering the hospital indicate a majority ' in favor of the proposal. Councilman Edmondson indicated that should the property cease to be needed as a parking lot, zoning will revert back to R-1. Mr. Leonard Crose, 3111 Tieton Drive, indicated he lives next door to the ,proposed lot and is still opposed to the use of the property as a parking lot which is not, in his opinion, the best use of the property. He referred to a petition from 47 !persons brought in opposing the rezone, who were neighbors in the immediate vicinity. He felt there was not a great need for the parking lot and questioned why sidewalk requirements 'were specified as in other Planned Developments. Betty Crose, 3111 Tieton Drive related the results of an informational ,meeting held before Christmas in her home, expressing concern that this property should remain residential. Janet DeVore I indicated that their home had kept a randum count over the past four months of the number of cars in the lot. She indicated that usually more than enough spaces were available. She further indicated that the entire proposed 'property is not directly across the street from the hospital. ! She spoke in opposition to the rezone. Mr. Fred Westberg, , 605 So. 31st Avenue asked whether the lot was really needed, ,commenting that the present parking lot is often vacant. He also commented that future hospital expansion plans are not clear. He asked that the Council give careful consideration to the proposal. Councilman Allard questioned the possible use of the property as a neighborhood park; however, the question of who would provide proper maintenance of the park was raised. In answer to a question from Councilman ' Simmons, the Hospital Administrator Robert Saylor indicated the Hospital would be responsible for litter collection and upkeep of the parking lot. Others present and speaking to this matter were Mr. H. G. Harring, 602 So. 31st Avenue, ,expressing opposition to the rezone and Mr, Del Gentry, in favor of the proposal. Councilman Wonder spoke in favor of the Planned Development rezone, indicating that the ' lots must be developed according to the plans and could not be used for any other purpose. Councilman Simmons also spoke in favor of the Planned Development, citing the fact that if the need for the parking lot ceases to exist, the zoning will revert back to R-1, Residential. He indicated that in passing the lot each day, he finds it usually full and expansion of the lot would take cars l off the street. Councilman Walker also spoke in favor of the rezone. After due discussion, it was MOVED by Moore, seconded by Simmons that Ordinance No. 1892, providing 1 for the rezone of said property, be passed: carried, Edmondson, 'Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. Allard not voting. !ORDINANCE NO. 1892, AN ORDINANCE rezoning property at 3003 :Tieton Drive in the City of Yakima, from R-1, Single-Family ' Zone to Planned Development Zone. The Council heard from Mr. Homer Dollar, Director of the !Urban Indian Alcoholism Program. He explained that a great !need exists for qualified Indian counselors as well as is half-way house for Indian men and women. Mr. Dollar !cited the need for funds to cover the rental of office space, wages, equipment rental, office supplies, telephone, travel and accommodations. The total Initial Funding Budget amounts to $5,820. He explained that most funds come through NIAAA. It was MOVED by Simmons, seconded by Holbrook that this request go to the City staff for consideration and JANUARY 12, 1976 further report to the Council: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. City Manager McMicken requested approval for the firm of Paddock and Hollingbery, A.I.A., to proceed with the preliminary design and cost estimates for the first phase of construction on the Capitol Theatre. He explained that this includes plans for an elementary theatre building minimally necessary for performances and audience comfort. The cost estimate for Phase I is $40,000. He further explained that $29,000 has already been expended for selective demolition, $6,000 for protection of the existing structure and $35,000 to $36,000 to be spent under contract. The work includes architectural and mechanical work to prepare the building for reconstruction. Councilman Holbrook indicated the necessity for a consensus decision on the future of the Theatre before further action is taken. Councilman Simmons felt the Council should reaffirm the policy earlier adopted regarding the Theatre's reconstruction. He cited the advantages of the present location, noting the parking lot directly across the street, partial reconstruction materials available, insurance monies in form of a partial payment and historical monies available for reconstruction. Councilman Allard cited his experience in receiving negative reactions from many in the Community and felt the Council should also decide if a case is warranted against the appraisal firm. He questioned the source of additional monies for this work and felt the matter should be deferred for the time being without further monies being spent. Councilman Simmons indicated reconstruction could begin using the insurance monies that now exist. Mr. Paddock, being present, indicated their firm is implementing the recommendations presented to the Council by the Capitol Theatre Corporation, moving towards restoration of the Theatre. Councilman Walker stated she found many in the community feel the Capitol Theatre is necessary. Mr. Paddock briefly explained that their work will involve for mechanical and electrical work on the structure, to go into the design development phase. There was some discussion by Councilman Wonder regarding the seating capacity providied under a historical restoration vs. a non-historical resotration to be in conformance with code requirements. Mr. Frank Bradley, President of the Capitol Theatre Corporation, indicated the Community's desire for the Theatre and the necessity for rebuilding the Capitol Theatre. He indicated that a majority of the funds will come from the community and cited there exists a listing of persons in the community willing to assist financially. Councilman Allard felt the matter should be determined by vote of the people. Councilman Walker felt the plans to be submitted by the architectural firm were necessary in order to have something viable to present to the community. Others present and speaking in favor of this matter were • Mr. Paul Cook and Mrs. Jean Rich. After due discussion, it was MOVED by Moore, seconded by Walker that the Council authorize the firm of Paddock and Hollingbery to proceed with the preliminary design and cost estimates for the first phase of reconstruction of the Capitol Theatre not to exceed $40,000: carried, Edmondson, Holbrook, Moore, Simmons, • Walker and Wonder voting aye by voice vote; Allard voting nay by voice vote. Councilman Simmons suggested that the Architect and the Capitol Theatre Corporation meet together and be available to answer questions. City Manager McMicken indicated the staff would follow-up on Mr. Allard's request for a staff report regarding the possibility of a case against the appraisers. City Manager McMicken reviewed City Manager Report No. 259 entitled County Building Inspection Services-Contract Renewal. Chief of Code Administration Newell Pock reviewed the contract renewal proposed for 1976 indicating the recoMmendation to accept the County's offer of $20,000 to pay for City JANUARY 12, 1976 services for 1976. Councilman Wonder expressed some concern in the fairness of the agreement, since the City is providing ,nearly half of the County services. Mr. Pock explained the 'current program between the City and the County whereby the !contract fee for the past year has been the equivalent of one inspector and one vehicle amounting to $17,160 in 1975. He indicated that the City is not losing money, but is not making a fair share for services provided. He felt the City should continue on with the program. Councilman Wonder asked that in the future the City prepare a proposal wherein the 'County pays a fair share of the cost. After further discussion, it was MOVED by Moore, seconded by Simmons that the Council 'authorize staff to prepare a proposed contract for inspection services for 1976: carried, Allard, Edmondson, Holbrook, 'Moore, Simmons, Walker and Wonder voting aye by voice vote. It was MOVED by Holbrook, seconded by Wonder that Resolution No. D-3449, authorizing the payment of $100.20 to Mrs. Stuart Scott in settlment for overpayment of refuse collection fees from 1961, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. ,RESOLUTION NO. D-3449, A RESOLUTION authorizing payment of $100.20 to Mrs. Stuart Scott in settlement of a claim for damages filed with the City of Yakima. It was MOVED by Simmons, seconded by Wonder that Resolution No. D-3450, authorizing payment of $99.55 to Joseph Paradis in settlement of a claim for property damages from a City vehicle, be passed: carried, Allard, Edmondson, Holbrook, , Moore, Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D-3450, A RESOLUTIONaut4oFi2ing payment of $99.55 to Joseph Paradis in settlement of a Claim for Damages ,filed with the City of Yakima. It was MOVED by Simmons, seconded by Moore that Resolution No. D-3451, authorizing payment of $124.97 to Terry Alan 'Reinmuth, in settlement for damages from a City sewer backup, be passed: carried, Allard, Edmondson, Holbrook, Moore, 'Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D-3451, A RESOLUTION authorizing payment of $124.97 to Terry Alan Reinmuth in settlement of a Claim for Damages ,filed with the City of Yakima. I City Manager McMicken reported that bids were received and 'considered on January 8, 1976 for the "A" Street Watermain - 1 Naches Avenue to "A" Street Project as follows: 1 1/ DeBlasio Construction Company, Inc. Jobeca Construction Company $40,054.88 Zimmerman Construction Company $36,786.75 $44,297.40 The Director of Public Works recommending that the bid be awarded to DeBlasio Construction Company, Inc., who submitted the lowest and best bid, it was MOVED by Simmons, seconded i by Moore that the bid be awarded to DeBlasio Construction !Company, Inc., in the amount of $36,786.75 and that the City ; Manager be authorized to enter into contract with said contractor upon the filing of the proper bond and insurance: carried, !Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. City Attorney Andrews explained the proposed ordinance relating to the licensing of private security agencies, indicating ;that the present proposal was derived from the Yakima County 'Code and a reworking of the City Municipal Code, along with input from Departments concerned with the subject. He indicated JANUARY 12, 1976 - - - - - — -------- ------------- - - that the ordinance includes a change of name so that Merchant Patrolmen are referred to as private security officers. Mr. Lewis W. Bowman, former owner of the Sierra Security Agency, , indicated that he was in opposition to the requirement for a bond and insurance to cover the City. He indicated that he ' carried insurance of $50,000 on each man and this also covers the City. Mr. Bowman further requested that the City set up Board to control the patrol operation comprised of a Councilman, Commissioner and possibly a Sheriff's deputy. He indicated that the requirement for $10,000 bond put him out of business which was formerly $1,000 bond for the agency and patrolmen. ,City Attorney Andrews indicated this is for the protection of the people served. Mr. Bowman indicated the bond should be made out to the people of the City of Yakima rather than the :City itself. Attorney Tom Grahn respresenting Cascade Security Systems, spoke to this matter indicating that under Section 5.48.080 of the Ordinance, a fee of $27.50 would be required for each member and contended that the County has the same wording in their ordinance and runs basically the same check as the 'City. He pointed out that the majority of those being licensed ; in the City are already licensed with the County and feel this amount for Police paper work and checking is high. He suggested that the Ordinance be amended to provide that if the applicant has obtained a County license, the City license be issued for a fee actually necessary to cover the paperwork involved. He 1 asked that the fee under Section 5.48.080 of $27.50 be changed to $10.00. After discussion, it was MOVED by Moore, seconded by Wonder that the proposed Ordinance be amended to provide that 1 a $10.00 fee be collected by the Police Department for issuing the identification card together with authorization for an additional amount actually the amount spent for the cost of the card: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. It was then MOVED by Holbrook, seconded by Walker that Ordinance No. 1893, providing for the regulation of private security agencies and officers; be passed as amended: carried, Allard, Edmondson, Holbrook, ' I Moore, Walker and Wonder voting aye on roll call; Simmons voting nay on roll call. I ORDINANCE NO. 1893, AN ORDINANCE,relating to licenses and business , I regulations; regulating private security agencies and officers by requiring agency licenses and officer identification cards, adopting qualifications and fees for the issuance thereof and I providing for their revocation; repealing existing Chapter 5.48 of the City of Yakima Muncipal Code; and re-enacting Chapter 1 5.48, "Private Security Agencies and Officers", and the Sections I thereof, as a new Chapter and new Sections of the City of Yakima ; 1 Municipal Code. : 1 An Ordinance appropriating $6,000 within the Firemen's Relief • and Pension Fund, having been read by title only at this meeting, was laid on the table for one week or until January 19, 1976. ' An Ordinance appropriating $4,500 within the Central Business I/ I District Development Fund, having been read by title only at • this meeting, was laid on the table for one week or until January = 19, 1976. An Ordinance loaning $14,00 from the Water-Sewer Fund to the Transit Fund and appropriating that amount within the Transit Fund, having been read by title only at this meeting, was laid on the table for one week or until January 19, 1976. ' An Ordinance appropriating $5,000 within the Refuse Fund having I been read by title only at this meeting, was laid on the table for one week or until January 19, 1976. C JANUARY 12, 1976 - JANUARY 13, 1976 Reports having been received from the Planning Commission on the Rezone Application filed by Robert Leahy, requesting rezone of properties at 700 -708 West Walnut and 204 So. 7th Avenue and a Rezone Application filed by Noel- Cook - Lewis, requesting rezone of property north of "A" Street between 6th Street and 8th Street, it was MOVED by Moore, seconded by Holbrook that January 26, 1976 be the date set for hearings on these requests: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Walker voting aye by voice vote. A report having been received from the Director of Community Development requesting that public hearings be set for the 1976 Community Development Program, it was MOVED by Moore, seconded by Simmons that January 26, and February 2, 1976 be the dates set for hearing on this matter: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. There being no further business to come before the Council, it was MOVED by Moore, seconded by Simmons that this meeting be adjourned at 6:50 P.M. to Tuesday, January 13, 1976 at the hour of 4:00 P.M., to then meet in the Conference Room at Yakima City Hall: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting by voice vote. READ AND CERTIFIED ACCURATE BY DATE COU ILMAN OV% DATE 1-- t_1 .`7(j COUN MAN ATTEST: CITY CRK 1� MAYIR