HomeMy WebLinkAbout12/09/1974 Business Meeting 229
DECEMBER 9, 1974
iThe City Council met in session on this date at 1:30 P.M. in the
iConference Room at Yakima City Hall.
iCouncilmen present at the meeting were Mayor Bert Broad, Betty L.
,Edmondson, Dick Jarms, W. K. "Pete" Moore, Charles A. Rich and Don
1 Schussler.
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!Administrative Assistant Dick Zais and City Attorney Andrews
discussed the proposed gambling legislation as directed by the
,Council, noting that under the proposed Ordinance, bingo, raffles
1 and amusement games would be legalized and taxed. at a. rate of 10
1 percent on gross revenue; that punchboards and pull-tabewould be
;banned as of July 1, 1975 and that social and public card rooms -
;would be legalized at a rate of 20 percent of gross income. It is
to be noted that bona fide charitable and non-profit organizations,
1 as defined by the Revised Code of Washington, and conducting or
1 sponsoring a bazaar or carnival once a year for one day in duration
! and conducting duly licensed bIng0 raffles and amusement games are
;exempted from the taxing provisions of the Ordinance. Filing must
be made at the City Clerk's Office, the tax imposed and payable in
lquarterly installments on or before the 15th of the month with late
payment ppenalties prescribed.. Proprietors must make all records
available to the Chief of Police or his designated representative;
the Ordinance is effective January 1, 1975. Council gave some
!discussion to the proposed ban on punchboards and pull-tabs, decid
ing to defer consideration until the regular Council session at
3:00 P.M., to allow for the appearance of restaurant and tavern
owners concerning the proposed ban.
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City Manager McMicken discussed the status of Special Projects for
I the Handicapped, coordinated by Jim Stout. There is a proposal
that the City participate in the purchase of a parcel of land to be
used for such purposes. If Special Projects fails, it is intended
that the land be utilized by another public agency for similar
'projects. Councilmen were asked to consider an appropriation of,
$15,600 in FRS funds.
City Manager McMicken discussed the repeal of obsolete regulatory
licenses which conflict with State law, no longer provide consumer
protection or serve no useful purpose because of changes in society
and business practices. Examples of these include transient
Imerchant, child care institutions, fortune telling, skating rinks,
i tattooing, etc. Councilman Edmondson recommended that the Council
consider.. these further at a subsequent Study Session.
City Manager McMicken reviewed the proposed Management Compensation
Plan for management salary adjustments in 1975. The average score
1of 23 member positions evaluated was 115 percent. The total cost
las percentage of general government expenses was 10.6 percent and
I for utilities, 11.9 percent. In addition, two-thirds of Management
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have opted for deferred compensation plan matched by 2 percent from
the City. Councilmen were in reement with the plan outlined.
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DECEMBER 9, 1974
At 3:00 P.M., the Council members moved into the Council
Chambers for the balance of the meeting, Mayor Broad presiding,
Councilmen Edmondson, Jarms, Moore, Rich and Schussler,
City Manager McMicken and City Attorney Andrews present
on roll call. Councilman Brown absent on roll call, having
been excused at a previous meeting.
The Invocation was given by Councilman Edmondson.
The minutes of the previous regular meeting of December
2, 1974, having been duly certified accurate by two Councilmen,
and no one present wishing to have said minutes read publicly,
Mayor Broad declared said minutes approved as recorded.
The Council recognized Paul Page, Sewage Superintendent
on his receiving the William D. Hatfield Award, given by
the Water Pollution Control Federation for outstanding
job performance and knowledge in the field of water pollution
control.
Parks Director, Bill Hutsinpiller, reported the special offer from
Mr. and Mrs. David M. Clevenger, donating five acres of
land adjacent to Summitview Elementary School to the City
for park purposes. Council members expressed their appre-
ciation to the Clevengers for this donation, to be named Gailleon
Park. Mr. Mer Edmondson expressed appreciation on behalf
of the City's Park and Recreation Commission. Also present
and speaking to this matter was Mr. David Clevenger. It
was MOVED by Edmondson, seconded by Rich that Resolution
No. D-3222, accepting said donation and establishing the
name of this park as Gailleon Park, be passed: carried,
Broad, Edmondson, Jarms, Moore, Rich and Schussler voting
aye on roll call. Brown absent.
RESOLUTION NO. D-3222, A RESOLUTION accepting the donation
of a park site and naming it Gailleon Park, in honor of
Gail and Leona Clevenger.
Mr. Gary McGlothlen, owner of Bill's Place, spoke to the
Council regarding the proposed gambling ordinance which
was discussed during the Council's study session. Mr.
McGlothlen passed to Council members a copy of the Washington
State Gambling Commission quarterly report form submitted by
operators of Punchboards and Pulltabs. It was noted that
the proposed Ordinance would allow the City to tax authorized
forms of gambling under the state law, except for punchboards
and pull tabs. Mr. McGlothlen reported that the Yakima
Tavern Owners had reached an agreement whereby they would
oversee the activities of the operation of punchboards
and pulltabs. Mr. Cecil Beauchamp, Beauchamp's Flight
Deck Restaurant, spoke in favor of the proposal to allow the
operation of punchboards and pulltabs, noting that the
five percent tax would provide good income. He noted that
it is the owners responsibility to operate the punchboards
and pulltabs fairly. Others present and speaking in favor I/
of including punchboards and pulltabs in the gambling ordinance
were Mr. Ray O'Brien, Dutch Inn Tavern, and Mr. Larry Arteg,
Yakima Sports Center. Mayor Broad expressed a concern that punch-
boards and pulltabs could reportedly be "fixed". After
due discussion, it was MOVED by Edmondson, seconded by
• Rich that legislation be prepared to include a provision
allowing for punchboards and pulltabs at a tax of five
percent: carried, Edmondson, Jarms, Moore, Rich and Schussler
voting aye by voice vote; Broad voting nay by voice vote.
Brown absent.
231
DECEMBER 9, 1974
Mr. Don Conner spoke regarding the 1975 budget and proposed
reductions in the Police and Fire Departments. He asked
that money be redistributed to hire more patrolmen, explaining
that back-up personnel are badly needed in light of the few
number of patrolmen assigned within each district. He
expressed his feeling that the number of patrolmen have
not been maintained in proportion to the population and
asked that the Council find a way to add more members
to the City's protection agencies. Mr. Dick Nash asked
that the Council take a point of priority in reference
to increasing the number of Police patrolmen. Mr. Norman
Reynolds requested that the Council maintain the Police
Department but eliminate the planting of trees on 3rd
Avenue. Mr. Richard Cooper passed to Councilmen a copy
of a letter and petition from citizens requesting that
the matter of Police protection in Yakima be given more
consideration than downtown beautification at this time.
Mr. Dick Leavitt, Police Officer, explained the division
of City into districts and reported that the Police force
has been short handed and has had to double up several times.
He requested a needed increase in Police Patrolmen.
Attorney Walt Dauber referred to the proposed annexations
and asked that the Council give consideration to more
Police and Fire protection in view of additional residents
coming into the City. Mr. Ray O'Brien asked that the
revenues received from the proposed gambling ordinance
be allocated toward more fire protection. Kathlyn McGuire
proposed cuts in the City's Planning Department and asked
that the number of Policemen be increased. Mr. Larry
Morehouse, Fire Department, also asked that proposed
gambling revenues be used to maintain or increase safety
service levels. Also present and speaking in favor of
increased protection services were Mr. Francis Freymann,
Frank Rouse, Richard Williams, Janet Snodgrass, and Mrs.
Ines Rice.
City Manager McMicken reviewed City Manager Report No.
236 entitled Regulating Ambulance Service -- Supplemental
Report. He referred also to the attached proposed ordinance
regulating the number of ambulance services to be licensed
within the City of Yakima, noting that the proposed ordinance
contains no reference to the City regulating fees for such
service. He questioned whether Council members would
like to see an additional provision within the ordinance
to allow the City to approve fees and explained that
presently the fee schedules are filed with the City Clerk
for informational purposes. Mayor Broad indicated feeling
that it would be appropriate for the City to have some
authority over rates. City Attorney Andrews explained
that Paragraph C of Section 1 in the Ordinance allows
the City to issue an additional license, if warranted,
even though the population may be under 50,000 explaining
that the ordinance otherwise provides for the issuance
of one license per 50,000 of the population. Councilman
Moore indicated that the fees could be filed with the
City Clerk and the Council then approve or reject said
fees. Councilmen Edmondson, Schussler and Rich also
spoke in favor of some control over the fees as an additional
Ordinance provision and the issuance of more licenses subject
to Council approval.
Referring to the proposed agreement with CH2M-Hill, Inc.,
for engineering services in connection with the City's
Comprehensive Water Plan, City Manager McMicken noted
that this study would provide for amendments to the City's
Comprehensive Water Plan in the form of a Regional Plan
and is to be financed by a Referendum 27, $10,000 loan
through the Department of Social and Health Services.
He indicated that the proposed agreement has been reviewed
by the other regional agencies involved and related the
general services to be furnished in the areas of identifying
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DECEMBER 9, 1974
urban area needs, irrigation demands and improvement cost
estimates. It was MOVED by Rich, seconded by Schussler that
Resolution No. D-3223, authorizing the execution of said
agreement with CH2M-Hill, Inc., be passed: carried,
Broad, Edmondson, Jarms, Moore, Rich and Schussler voting
aye on roll call. Brown absent.
RESOLUTION NO. D-3223, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima
to execute an agreement with CH2M-Hill, Inc., for engineering
services for preparation of amendments to the City's
Comprehensive Water Plan.
City Manager McMicken reviewed the proposed amended agreement
with Univac to upgrade the computer to meet the needs
for additional computer capacity. He reported that the
rental costs are substantially down and noted that the
City intends to pay for some of the equipment, though leasing
the new computer. He indicated that $12,000 will provide
half of the improvements to the computer room. The total
cost is approximately $6,700. It was MOVED by Rich,
seconded by Schussler that Resolution No. D-3224, authorizing
the execution of said agreement, be passed: carried,
Broad, Edmondson, Jarms, Moore, Rich and Schussler voting
aye on roll call. Brown absent.
RESOLUTION NO. D-3224, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute an amendatory agreement with
Sperry Univac Division of Sperry Rand Corporation for new
computer equipment.
It was MOVED by Schussler, seconded by Edmondson that
Resolution No. D-3225, initiating an annexation election
for property bounded by 48th Avenue - 56th Avenue and
Tieton Drive - Summitview Avenue to be called Cascade
Vista Annexation, be passed: carried, Broad, Edmondson,
Jarms, Moore, Rich and Schussler voting aye on roll call.
Brown absent. City Manager McMicken noted that the Staff Report
on this annexation was reviewed by the Planning Department
at an earlier Council meeting.
RESOLUTION NO. D-3225, A RESOLUTION authorizing and initiating
an election on the matter of annexation of unincorporated
areas to the City of Yakima and providing for the submittal
to the electorate of a proposition that property in the
area to be annexed assume its share of the City's existing
indebtedness.
It was MOVED by schussler, seconded by Edmondson that
Resolution No. D-3226, initiating an annexation election
for property bounded by 56th Avenue - 65th and Summitview -
Midvale Road to be called Summitview Annexation, be passed:
carried, Broad, Edmondson, Jarms, Moore, Rich and Schussler
voting aye on roll call. Brown absent. It was noted
that the Staff Report on this annexation was also reported by
the Planning Department at an earlier Council meeting.
RESOLUTION NO. D-3226, A RESOLUTION authorizing and initiating
an election on the matter of the annexation of unincorporated
area to the City of Yakima and providing for the submittal
to the electorate of the proposition that property in
the area to be annexed assume its share of the City's
existing indebtedness.
City Manager McMicken referred to the request by Dwinell's
Central Neon Company for a Right-of-Way Use Permit, as
covered in the staff report on this subject dated November
1, 1974. It was MOVED by Rich, seconded by Schussler
that this request be granted, subject to the following
conditions:
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DECEMBER 9, 1974
1. Roof structure over dock area to be maintained
to eliminate hazards of unprotected combustible
materials in the public right -of -way.
2. All truck trailer vans be removed when not attached
to a tractor.
carried, Broad, Edmondson, Jarms, Moore, Rich and Schussler
voting aye by voice vote. Brown absent.
City Manager McMicken referred to the City- County Building
Code Enforcement Progress Report dated December 2, 1974, and
filed with the Council as part of the agreement between the
City and the County for inspection services. He further
noted a report filed by Chief of Code Administration, Newell
Pock, regarding the present Housing Code Inspection services,
which is an update on the activities of this Department. The
Council acknowledged receipt of these two reports.
A report having been received from the City Engineer
on the completion of work and recommendation that said
work be accepted and final payment made on the Irrigation
Systems and Street Trees Project, Schedules I and II,
it was MOVED by Schussler, seconded by Edmondson that
the report of the City Engineer, dated December 4, 1974,
with respect to the completion of the work on Public
Works Contract Irrigation Systems and Street Trees, Schedules
I and II, be approved, the work be accepted and payment
of the final estimates as therein set forth is hereby
authorized: carried, Broad, Edmondson, Jarms, Moore,
Rich and Schussler voting aye by voice vote. Brown absent.
Principal Planner Dick Hill reported on the request from
Mr. Lawrence Deardorff for outside sewer service to property
in the vicinity of 1217 South 44th Avenue and reviewed
the Planning Staff Report and Planning Commission Minutes
on this subject dated November 25, 1974 and December
3, 1974, respectively. He indicated that the requested
sewer service is to service a proposed 150 bed Ahtanum
View Health Care facility to be located at South 41st
Avenue between Storm and Viola Avenues. Because of substandard
conditions, the present nursing home facility must be
relocated. Mr. Hill reviewed the options available to
Mr. Deardorff, including connection to a 12 -inch line
in 41st Avenue, an 8 -inch line in Viola Avenue, or extension
of a line along Storm Avenue. The estimated cost for
the connection to serve the entire building is $4,423.97.
He indicated that the Planning Staff recommends denial
because the property involved lies within the noise impact
area of the Yakima Air Terminal and a question exists as
I/ to adequate fire flow protection being available for a
sprinkler system by a private water company via a 6-
inch line to provide for an adequate sprinkler system.
He indicated that the Planning Commission recommends
approval subject to the following conditions:
1. Adequate fire flow be confirmed before final
approval.
2. An 8 -inch water line be installed to meet desired
City standards for fire hydrant installation and
adequate fire flow protection.
3. That design take into consideration noise prevention
or protection for occupants.
DECEMBER 9, 1974
4. That complete drawings and elevations be sub-
mitted and approved before final approval.
5. That all necessary dedication of rights-of-
way necessary for street improvement on 41st,
Storm and Viola Avenues be given to the City
before final approval.
6. That a sidewalk be installed along 41st Avenue.
Mr. Hill further reported that the parking and entrance
would be off of 41st Avenue and that additional parking
would be provided to the west. Mr. Deardorff, being
present, indicated that he was not opposed to the condi-
tions presented, but that the first three conditions would
also be covered through the Department of Social and
Health Services. Referring to the time element involved,
he commented that it would take a minimum of six months
to obtain approval at all necessary levels. He also
commented that the Fire Marshall's Office allows a 6-inch
line. Councilman.Moore reiterated that the 6-inch line
would not meet requirements for a full sprinkler system
and that an 8-inch line instead would be required. After
due discussion, it was MOVED by Schussler, seconded by
Edmondson that the request of Mr. Deardorff for outside
utility service to this proposed property, be granted, subject
to the six conditions as outlined in the Planning Commission
Minutes of December 3, 1974: carried, Broad, Edmondson,
Jarms, Moore, Rich and Schussler voting aye by voice
vote. Brown absent.
The City Treasurer having submitted the Investment Report
for the month of November, 1974, it was MOVED by Schussler,
seconded by Edmondson that the report of the City Treasurer
dated November 30 1974, regarding the investments of
the City of Yakima, be accepted and approved: carried,
Broad, Edmondson, Jarms, Moore, Rich and Schussler voting
aye by voice vote. Brown absent.
It was MOVED by Schussler, seconded by Edmondson that
Ordinance No. 1727, commencing condemnation proceedings
for the acquisition of property to improve the intersection
of West Lincoln Avenue and Pierce Avenue, be passed:
carried, Broad, Edmondson, Jarms, Moore, Rich and Schussler
voting aye on roll call. Brown absent.
ORDINANCE NO. 1727, AN ORDINANCE authorizing and directing
the City Attorney of the City of Yakima to institute
and prosecute legal proceedings for the condemnation
and acquisition of real property for the widening and
improving of the intersection of West Lincoln Avenue
and Pierce Avenue and for the installation of curbs,
gutters, sidewalks, drainage facilities and public utility
facilities related thereto; providing for the condemnation
and taking of such real property and declaring the condemnation
and taking thereof to be necessary for a public use required
by the public interest; and directing that the compensation
for such takings be paid from the Urban Arterial Fund
of the City of Yakima and declaring an emergency.
An Ordinance appropriating $600 within the Dangerous
Buildings, Repair and Demolition Fund to install a screen
wall around the Chieftain Hotel site, ,having been read
by title only at the previous meeting and being again
read by title only at this meeting, it was MOVED by Schussler,
seconded by Moore that Ordinance No. 1728, providing
for said appropriation, be passed: carried, Broad, Edmondson,
Jarms, Moore, Rich and Schussler voting aye on roll call.
Brown absent.
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DECEMBER 9, 1974
ORDINANCE NO. 1728, AN ORDINANCE appropriating the amount
1 of $600 from unappropriated money in 132-Dangerous Buildings,
Repair and Demolition Fund, to Account 132.538.120.42 as
a 1974 appropriation for 132-Dangerous Buildings, Repair
and Demolition Fund.
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An Ordinance appropriating $13,000 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 December
16, 1974. City Manager McMicken explained that the appropriation
will provide for December pension payments to retirees and
other miscellaneous payments.
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1 An Ordinance appropriating $5,000 within the Refuse Fund,
having been read by title only at this meeting, was laid
on the table for one week or until December 16, 1974. City
Manager McMicken explained that the appropriation is requested
to pay December payroll and claims.
An Ordinance appropriating $620.79 within the Downtown Redevelop-
ment Fund, to pay for services in connection with the Central
1 Business District Study, having been read by title only at
this meeting, was laid on the table for one week or until
December 16, 1974. City Manager McMicken explained that
1 this will provide a final payment to N. G. Jacobson and Associates
for professional services from October 2 to November 12,
1974.
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Council members acknowledged the filing of the annual Yakima
Valley Regional Library Budget for 1975 and the Minutes of
the meeting held November 25, 1974.
A report having been received from the Planning Commission
on the request of Mr. Jack Frisk, School District No. 7,
for Vacation of portions of South 12th Avenue and Haynes
Street, it was MOVED by Schussler, seconded by Edmondson
1 that Resolution No. D-3227, fixing January 6, 1975, as the
I date for Hearing_ on this matter, be passed: carried, Broad,
1 Edmondson, Jarms, Moore, Rich and Schussler voting aye on
1 roll call. Brown absent.
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RESOLUTION NO. D-3227, A RESOLUTION fixing the time and place
for Hearing on a petition for vacation of a portion of South
12th Avenue and a portion of Haynes Street within the City
of Yakima.
Reports having been received from the Planning Commission
1 on the rezone request of Mr. Gary Fresk for property located
at 3800 Summitview Avenue, and the request by Mr. Tranquilo
Pasa for rezone of property at 3806 Tieton Drive, it was
i I MOVED by Schussler, seconded by Edmondson that December 23,
! 1974, be the date set for Hearings on these two requests:
carried, Broad, Edmondson, Jarms, Moore, Rich and Schussler
1 voting aye by voice vote. Brown absent.
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Reports having been received from the Planning Commission
1 on the South 1st Steet, Mead to Washington Project and the
Intersection Improvement at 1st Street and Nob Hill Boulevard,
it was MOVED by Schussler, seconded by Edmondson that January
13, 1975 be the date set for Hearing on these projects:
I carried, Broad, Edmondson, Jarms, Moore, Rich and Schussler
1 voting aye by voice vote. Brown absent.
Petition No. 832 having been filed with the City Clerk on
1 December 6, 1974, by Richard D. Smith requesting the vacation
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1 of portions of 2nd Street, it was MOVED by Schussler, seconded
by Rich that Resolution No. D-3228, fixing January 13, 1975,
1 as the date for Hearing on this matter be passed: carried,
1 Broad, Edmondson, Jarms, Moore, Rich and Schussler voting
1 aye on roll call. Brown absent.
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DECEMBER 9, 1974
!RESOLUTION NO. D-3228, A RESOLUTION fixing the time and place
for Hearing on a Petition for Vacation of a portion of North
!2nd Street.
A Damage Claim having been filed with the City Clerk on December
12, 1974, by Eugene Bruegeman, 314 No. 28th Avenue, in the
!amount of approximately $60,050 for damages in connection
with a Police incident, it was MOVED by Schussler, seconded
iby Rich that said Damage Claim be referred to the City Manager
land Staff for study and recommendation: carried, Broad,
!Edmondson, Jarms, Moore, Rich and Schussler voting aye by
!voice vote. Brown absent.
A Damage Claim having been filed with the City Clerk on December
(2, 1974, by Lyle Ocker, 342 No. 23rd Avenue in the amount
of $416.26, for damages to his vehicle from a City Refuse truck,
it was MOVED by Schussler, seconded by Rich that said Damage
Claim be referred to the City Manager and Staff for study
and recommendation: carried, Broad, Edmondson, Jarms, Moore,
'Rich and Schussler voting aye by voice vote. Brown absent.
!City Manager McMicken requesting authorization for out-of-
!state travel for Airport Manager, Jim Eakin, to travel to
!Oklahoma City, to attend a FAA training course in airport
!security, January 5-10, 1975, it was MOVED by Schussler,
!seconded by Rich that said travel be approved: carried,
l Broad, Edmondson, Jarms, Moore, Rich and Schussler voting
aye by voice vote. Brown absent.
!There being no further business to come before the Council,
it was MOVED by Schussler, seconded by Rich that this meeting
be adjourned at 5:10 P.M. to Tuesday, December 10, 1974,
lat the hour of 4:00 P.M., to then meet in the Conference
Room at Yakima City Hall: carried, Broad, Edmondson, Jarms,
Moore, Rich and Schussler voting aye by voice vote. Brown
'absent.
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READ AND CERTIFIED ACCURATE BY /0!, /1 ,004
- OUN4I 'AN
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DATE Zi ((, / 7
COUNCIL £ N / /
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444,
ACTING CITY CLERK ft) MAYOR