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HomeMy WebLinkAbout12/16/1974 Business Meeting and Adjourned Meeting 12/20/1974 DECEMBER 16, 1974 The City Council met in session on this date at 6:30 P.M. at Station KYVE-TV. Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Betty L. Edmondson, Dick Jams, W. K. "Pete" Moore, Charles A. Rich and Don Schussler. Mayor Broad discussed proposed appointments to the Council with the consensus that Doctor Simmons be nominated at the regular Council session. Mayor Broad requested permission to be excused from the regular Council meetings of December 23, 1974 and possibly January 6, 1975. It was MOVED by Rich, seconded by Edmondson that Mayor Broad be excused on those dates: carried, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting yae by voice vote. Councilman Schussler inquired what the status was regarding the joint City-County Land Use Study Committee. City Manager McMicken noted that the confirmation of appointments was being worked on by Commissioner Lenore Lambert. A Community Development Team had been developed and was working on those efforts; however, a missing link at this point has been citizen involvement. Councilmen reviewed the proposed Management Compensation Pay Plan for 1975 and agreed to the performance scores indicated and the proposed minimum and maximum range for Management positions de.- lineated. Administrative Assistant Dick Zais observed that the comparable wage range for Western states and for Washington State had beenderived from information provided by the Association of Washington Cities City and Employee Salary Benefit Survey for 1974 and an Urban Data Service Report. Training and Safety Officer Ed Davis addressed the Council re- garding the Task Force concern about Police attitude. It was asked what the Council thought Police could be doing to improve their attitude. General recommendations included more courtesy to all races; fairness in treatment of all races and recognition that the Police uniform and nature of the job is often threatening to people; and, finally, that Police reflect sensi- tivity to cultural differences. In considering this, Ed Davis suggested that the Council consider administering a professional Attitude Survey to measure Police Department attitudes relative to the national average and recommended that if the Council thought this was a good idea, that they engage a professional organization to conduct the test and to insure impartiality. Depending on the results of the test, Ed Davis suggested that a genuine Ethnic Awareness Course be conducted using the results of the test as a means of changing undesirable attitudes in the Police Department. This would be conducted by an external consultant with pro- fessional expertise in Ethnic Awareness and Human Relations Training. The curriculum of the course would be drawn up by the Council with the Police Department and Task Force. The estimated cost is $1,500 depending upon the professional services considered. Both concepts have been discussed with the Chief of Police and he is acceptable to their implementation. The Council was favorable both towards the Attitude Survey and Ethnic Awareness Training Course and recommended that such action be pursued immediately for the Police service and that it be considered for all other Manage- ment personnel and Council as well. At 8:00 P.M., the Council members moved into the television studio of Station KYVE-TV for the balance of the meeting, Mayor Broad presiding, Councilmen Brown, Edmondson, Jarms, Moore, Rich and Schussler, City Manager McMicken and City Attorney Andrews present on roll call. ' 2 DECEMBER 16, 1974 The Invocation was given by Mayor Broad. The minutes of the previous regular meeting of December 9, 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. This being the time set for the Hearing on Petition No. 826, filed by Richard D. Smith, Garden Villa Motor Inn, requesting Vacation of a portion of Sycamore Street, Principal Planner Dick Hill reviewed the updated Staff Report on this request dated December 13, 1974. He explained the earlier request from residents in this area for suitable access to and from North 1st Street and the subsequent referral of this matter back to the Staff to pursue the alternate solution of a suitable access way being relocated to the south of the property. Mr. Hill reported that the Garden Villa has signed a Deed granting another 25 feet of additional access on the south boundary of the proposed parking lot. He related the recommendation of the Planning Staff for approval of this Vacation and acceptance of the Warranty Deed subject to the following conditions: 1. That 6-inch curbs be installed on both sides of the right-of-way. 2. That the right-of-way be paved to face the curb. 3. That only one curb cut be allowed for ingress and egress on the right-of-way. 4. That complete parking lot plans be presented to the Traffic Engineer for his approval of ingress and egress locations. 5. That design standards of curb gutter drainage and all other necessary construction be subject to the approval of the City Engineer. It was MOVED by Brown, seconded by Edmondson that Ordinance No. 1729, providing for said Vacation, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye on roll call. ORDINANCE NO. 1729, AN ORDINANCE providing for the vacation of a portion of public street in the City of Yakima, Washington. Referring to the Downtown Redevelopment Project, City Manager McMicken reported that as of the protest deadline last Thursday, December 12, 1974, 11 percent protest was filed on the Business Improvement Area and 22 percent filed on the Local Improvement District. He indicated that the City will acknowledge each protest and identify special problems where necessary. Mr. McMicken briefly reviewed the Environmental Impact Questionnaire completed by the Downtown Redevelopment Commission Chairman and Associate Planner Larry Wright. He noted areas of impact resulting from this project involve transportation, air pollution, noise levels and the relocation of nine businesses and ten individuals.He reported that approximately 1,000 to 1,500 additional persons are anticipated to be employed within the next ten years as a result of the proposed project and possibly more high rise housing. Mr. McMicken explained that the City will now proceed with a more complete Impact Study. An invitation has been given to a number of firms that do this kind of work and anticipate 24f DECEMBER 16, 1974 a response by January 13, 1975, for selection. He noted that part of the proposal will be the projection of how long the Environmental Impact Study will take. City Manager McMicken reviewed an offer from the State Economic Assistan&eAuthbrity for a $250,000 loan to be used in the redevelopment of the Central Business District, and briefly reveiwed the conditions attached. He noted that the repayment schedule is yet to be worked out and that repayment funds will be derived from assessments. It was MOVED by Edmondson, seconded by Rich that Resolution No. D-3229, authorizing the acceptance of said loan offer, be passed: carried, Broad, Edmondson, ;Jarms, Moore, Rich and Schussler voting aye on roll call. Brown not voting due to a conflict of interest. RESOLUTION NO. D-3229, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to accept an offer from the Washington Economic Assistance Authority for financial aid to assist in financing the Central Business District Core Area Redevelopment Project. ;City Manager McMicken referred to the proposed Resolution 'authorizing the submittal of a pre-application to the Federal !Economic Development Administration for a $614,000 grant, ! explaining that this grant will go towards three parking ;lots included in the Downtown Redevelopment Project. It was !MOVED by Brown, seconded by Schussler that Resolution No. 1D-3230, authorizing submittal'of said pre-application be passed: 'carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye on roll call. ;RESOLUTION NO. D-3230, A RESOLUTION authorizing the City Manager of the City of Yakima to file a pre-application with the Federal ;Economic Development Administration for Federal Assistance for Central Business District Development. 'City Manager McMicken reviewed the letter froM Ralph A. Korn, 1M.A.I., offering his appraisal services at $175 per day including !expenses and overhead costs. It was MOVED by Jarms, seconded by Schussler that Resolution No. D-3231, engaging Ralph A. !Korn for professional appraisal services in connection with the Downtown Redevelopment Project, be passed: carried, Broad, !Brown, Edmondson, Jarms, Moore, Rich and Schussler voting !aye on roll call. 'RESOLUTION NO. D-3231, A RESOLUTION engaging Ralph A. Korn, IM.A.I., for professional independent appraisal services in connection with Central Business District Redevelopment. !Principal Planner Dick Hill reviewed his Memo regarding Flood Insurance dated December 12, 1974, noting two flood-prone areas along the Naches River and Yakima River, With the use of a map, he outlined the intermediate flood area, explaining 'that major danger areas are located in the northeast section of the community. He explained that this would provide residents with an opportunity to acquire flood insurance at no cost to the ICity. The insurance would cost approximately 25 cents per 1$100 Of value. Mr. Hill explained that each City must apply on its own and that other Federally assisted projects may qualify if the City does have the flood insurance. He pointed out that the City is open to law !suits from residents if it does not have insurance available to them. He called attention to the areas which experienced flooding last year, and explained that anyone in the City can apply for the insurance, all at the same rate. The City qualifies according to the Department of Ecology. It was MOVED by Schussler, seconded by Moore that Resolution No. D-3232, assuring compliance by the City with requirements of the National Flood Insurance Act of 1968, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, !Rich and Schussler voting aye on roll call. 242 DECEMBER 16, 1974 A: - iff§bilititbi4 giving assurance to the !Federal Insurance Administration of compliance by the City of Yakima with requirements of the National Flood Insurance ;Act of 1968 and regulations applicable thereto: :It was MOVED by Brown, seconded by Moore that Resolution No. D-3233, indicating the adoption of codes and standards by 'the City to qualify for coverage under the National Flood 'Insurance Act of 1968, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye on ;roll call. =RESOLUTION NO. D-3233, A RESOLUTION indicating the adoption l of codes and standards by the City of Yakima to qualify for 'coverage under the National Flood Insurance Act of 1968. 1 'Pity Manager McMicken explained that the City is applying for advance funds in the amount of $25,600 under the Housing and Community Development Act of 1974, noting that the City has budgeted $10,000 of that amount. It was MOVED by Edmondson, ;seconded by Schussler that Resolution No. D-3234, authorizing the application for advance funds for - a Community Development Program, be passed: carried, Broad, Brown, Edmondson, Jarms, 'More, Rich and Schussler voting aye on roll call. 1 IRESOLUTION NO. D-3234, A RESOLUTION authorizing the City Manager of the City of Yakima to file an application with the United States Department of Housing and Urban Development for advance ;funds for a Community Development Program. tity Attorney Andrews explained the proposed Resolution authorizing pettlement and payment of a Damage Claim filed by Raymond Turner and engaging special legal counsel for recoupment of the settlement amount. It was MOVED by Schussler, seconded by Rich that Resolution No. D-3235, authorizing settlement and payment of said Damage Claim, be passed: carried, Broad, Prown, Edmondson, Jarms, Moore, Rich and Schussler voting aye on roll call. - I ESOLUTION NO. D-3235, A RESOLUTION authorizing the settlement and payment of a Damage Claim filed with the City by Raymond A. Turner; and designating the firm of Halverson, Applegate, t icDonald, Bond, Grahn, Wiehl, Almon, and Putney, Attorneys at Law as special legal counsel for the City for the purpose of recoupment of the amount of the settlement authorized by this Resolution. Tt was MOVED by Rich, seconded by Edmondson that Resolution 1Vo. D-3236, authorizing payment of $33.55 'to George I. King in settlement of a Damage Claim, be passed: carried, Broad, prown, Edmondson, Jarms, Moore, Rich and Schussler voting aye on roll call. ' I R ESOLUTION NO. D-3236, A RESOLUTION authorizing payment of $33.55 to George I. King in settlement of a claim for damages filed with the City of Yakima. pity Manager McMicken explained the proposed Resolution authorizing the City to discharge uncollectible debts owed to the Public Utilities Department. He' explained that an audit on the Utilities Fund resulted in a total of $2,271.34 in billings which have hot been collected. He explained that these are disputed billings 4nd noted that this is a procedure that has been done in the past. It was MOVED by Schussler, seconded by Brown that Resolution 7o. D-3237, authorizing the Director of Utility =Accounts to write off these uncollectible accounts, be passed: carried, proad, Brown, Jarms, Moore and Schussler voting aye on roll Call; Edmondson and Rich voting nay on roll call. Councilman Edmondson requested further explanation for the larger amounts ' listed. ; I RESOLUTION NO. D-3237, A RESOLUTION authorizing the Director ' 1 DECEMBER 16, 1974 of Utility Accounts to write off certain uncollectible accounts receivable by the Water-Sewer Fund of the City of Yakima. City Manager McMicken reported the Right-of-Way Use Permit requests by Washington Fruit and Produce, 401 North 1st Avenue and 315 North 1st Avenue, referring to the Staff Reports on this subject dated December 9, 1974. The requests involve a loading dock and access ramp. Both requests are recommended for approval. It was MOVED by Rich, seconded by Moore that the two requests of Washington Fruit and Produce for Right- of-Way Use Permits, be approved: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye by voice vote. City Manager McMicken referred to the Ordinance adopting the 1975 Budget and appropriating funds for 1975. He indicated that the decisions on the budget made last Monday are included in the Budget Summary passed to Councilmen at this meeting. He indicated that some items listed are in the budget and some will be future appropriations. Mr. McMicken noted a budget addition of $20,000 for anticipated revenue from the proposed Gambling Tax, which monies,being placed in the Contingency Fund. He further reported that the City will implement an expanded Police Force under the CETA Program. Mr. McMicken reviewed the Budget Summary statements to include continued support to the Southeast Community Center Clinic with FRS Funds. The Clinic requests approximately $84,000 for one year and the Council was asked to consider funding for either one or two years. Referring to the next item he noted $12,000 for the Computer Center. In reference to Special Projects for the Handicapped, Mr. McMicken explained that the present location has been determined unsuitable and the amount of $15,600 has been budgeted. Mr. McMicken further explained that the Learn-to-Swim Program has been restored at a suggested fee of $3.25. Also, $5,000 is budgeted for the joint City-Chamber of Commerce Informational Brochure. He further explained that under the CETA Program the City has applied for 30 new positions to include 24 Police personnel, 6 Fire personnel, and 16 other positions. Mr. McMicken reviewed the budget proportions for the Police and Fire Departments for the years 1969 through 1974, and also reviewed the numbers employed during those years. After due discussion, it was MOVED by Schussler, seconded by Brown that Ordinance No. 1730, adopting the 1975 Budget, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye on roll call. It was then MOVED by Edmondson, seconded by Rich that reference to a charge of $3.25 for lessons in the Learn- to-Swim Program be deleted from the Budget Summary: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting by voice vote. ORDINANCE NO. 1730, AN ORDINANCE adopting a budget for the City of Yakima, Washington, for the year of 1975; and appropriating funds for estimated expenditures. City Manager McMicken explained the proposed gambling Ordinance, noting that bingo, raffle and amusement games will be taxed at a rate of ten percent on the gross revenue which is the maximum permitted under state law. He reviewed the provision for bona fide charitable and nonprofit organizations which would be exempted, if holding a bazaar or carnival not more than once each year and for not more than one day in duration. He explained that those exempted must still be licensed with the State and the City will still require the proper forms to be filed providing for each exemption. A provision for punch boards and pull-tabs are included at a tax of five percent 244 DECEMBER 16, 197 -4 - - - - - - 1 ! which is the maximum allowable under State law. He explained the tax on card rooms at 20 percent of the gross income. Mr. McMicken reported that Mr. Larry Arteg, Yakima Sports Center, had written a letter expressing his opinion that the 20 percent tax on !card rooms was too much and proposed instead a__ ten percent 'tax. The provisions of the Ordinance will be effective January !l, 1975. Councilman Jarms expressed his opinion that the 1 20 percent tax on card rooms was not excessive. It was MOVED by Rich, seconded by Brown that Ordinance No. 1731, providing for the levying of tax on certain gambling activities, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye on roll call. I � ±ORDINANCE NO. 1731, AN ORDINANCE relating to gambling; providing Tor the levying of a tax; providing penalties for violations; enacting Chapter 5.49, "Gambling Taxes," as a new chapter of the City of Yakima Municipal Code; repealing Sections 5.10.050, 6.04.085, 6.04.090, 6.04.095, 6.04.100, 6.04.105, 6.04.160, 6.04.225, 6.04.545, 6.04.560 and 6.56.180 of the City of Yakima M unicipal Code; declaring an emergency and prescribing an ;effective date. t eferring to the proposed Ordinance adopting Garage equipment rental rates, City Manager McMicken explained an increased 'cost of 20 percent for the maintenance and operation expenses, but no increase in the depreciation schedule. It was MOVED by Schussler, seconded by Edmondson that Ordinance No. 1732, e stablishing garage rental rates, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye on roll call. ORDINANCE NO.. 1732, AN ORDINANCE relating to the City Garage. Fund; establishing rates for the rental of equipment through uch fund; and amending Section 3.15.030 of the City of Yakima Municipal Code; and declaring an emergency. An Ordinance appropriating $13,000 within the Firemen's Relief 4nd Pension Fund to a December Pension to p ay payments, having been read by title only at the previous meeting and being again read by title only at this meeting, it was MOVED by chussler, seconded by Edmondson that Ordinance No. 1733, 4 roviding for said appropriation, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting a ye on roll call. ORDINANCE NO. 1733, AN ORDINANCE appropriating the amount lof $13,000 from unappropriated money in 632- Firemen's Relief and Pensi -on Fund to Account 514.33.13.093 as a 1974 appropriation for 632 - Firemen's Relief and Pension Fund. An Ordinance appropriating $5,000 within the Refuse Fund to pay 1974 calendar year obligations, having been read by title only at the previous meeting and being again read by title only at this meeting, it was MOVED by Brown, seconded by Rich that Ordinance No. 1734, Providing for said appropriation, 1/- be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, ,Rich and Schussler voting aye on roll call. ORDINANCE NO. 1734, AN ORDINANCE appropriating the amount lof $5,000 from unappropriated money in 471- Refuse Fund to ' "Account 534.50.11.100 as a 1974 appropriation for 471- Refuse Fund. s , 1 + I ! 1 9,45 DECEMBER 16, 1974 An Ordinance appropriating $620.79 within the Downtown Development Fund to pay for services in connection with the Central Business District Study, 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 Jarms that Ordinance No. 1735, providing for said appropriation, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye on roll call. ORDINANCE NO. 1735, AN ORDINANCE transferring the amount of $620.79 from 392-Cumulative Reserve for Capital Improvement Fund to 321-Downtown Development Fund and appropriating the amount of $620.79 from unappropriated money in 321-Downtown Development Fund to Account 321.538.30.65.900 as a 1974 appropriation for 321-Downtown Development Fund. A Damage Claim having been filed with the City Clerk on December 12, 1974, by A. Alonzo Jones, 1112 North Naches Avenue, in the amount of $4,300 for damages in connection with defects found in a residence subsequent to a Housing Code inspection, 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, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye by voice vote. City Manager McMicken referred to an off-agenda item regarding the letter received from Billington Builders Supply, Inc., appealing the decision of the Planning Commission in denying a rezone application for property located at 502 and 504 West Nob Hill Boulevard. It was MOVED by Schussler, seconded by Rich that January 6, 1975, be the date set for Hearing on this matter: Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye by voice vote. City Manager McMicken requesting authorization for out-of- state travel for Chief of Code Administration, Newell Pock, to attend the Conference of Building Officials in St. Petersburg, Florida, January 3 - 8, 1975, at no cost to the City, it was MOVED by Brown, seconded by Moore that said travel be approved: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye by voice vote. Mayor Broad referred to the matter of confirming the County appointment of Mrs. E. V. Cain to the Yakima Valley Regional Library Board of Trustees, to replace Mrs. William L. Gannon whose term of office expires December 31, 1974. It was MOVED by Schussler, seconded by Edmondson that the Council confirm the appointment of Mrs. Cain to the Board of Trustees of the Yakima Valley Regional Library: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye by voice vote. Mayor Broad referred to the need for a replacement for the Council position to be vacated by Councilman Chuck Rich who will be leaving the Council in January to take office as a County Commissioner. It was MOVED by Schussler, seconded by Brown that Dr. William Simmons be nominated to fill the position vacated by Councilman Chuck Rich: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye by voice vote. It was then MOVED by Schussler seconded by Jarms that nominations cease: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye by voice vote. Mayor Broad calling for a roll call on the nomination of Dr. William Simmons, Councilmen Broad, Brown, Edmondson, Jarms, Moore, and Schussler voted aye for the nomination. Councilman Rich not voting \' NC.O.AAttklnk, DECEMBER 16, 1974 There being no further business to come before the Council, it was MOVED by Moore, seconded by Rich that this meeting be adjourned at 9:30 P.M. to Friday, December 20, 1974, at the hour of 12:00 Noon, to then meet in the Flight Deck Restaurant: carried, Broad, Brown, Edmondson, Jarms, Moore, Rich and Schussler voting aye by voice vote. Af 4, READ AND CERTIFIED ACCURATE BY 4 o . Ayiyi,,a CVICTIMAN DATE, --' COUNCILMAN ATTEST: ACTING CITY CLERK 0 _MAYOR ADJOURNED REGULAR MEETING - FRIDAY, DECEMBER 20, 1974 The City Council met in session on this date at 12:00 Noon in the Flight Deck Restaurant at the Yakima Air Terminal. Councilmen present at the meeting were Assistant Mayor Wray Brown, Betty L. Edmondson, Dick Jarms, Charles A. Rich and Don Schussler. Councilmen Mayor Broad and Moore absent. Council members held discussion on various city matters. No formal action was taken at this meeting. There being no further business to come before the Council, it was MOVED by Rich, seconded by Schussler that we do now adjourn at the hour of 1:30 P.M.: carried, Brow, Edmondson, Jarms, Rich and Schussler voting aye by voice vote.. Brcaaand Moore absent. READ AND CERTIFIED ACCURATE BY --- DATE COtNCILMAN AP .4.4/"Wilf2LId DATE /-/3-7_$ O C OUNCILMAN ATTEST: 1 JO-La- r CITY C, RK SIS . MAYOR