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HomeMy WebLinkAbout03/10/1975 Business Meeting Ge2 MARCH 10, 1975 The City Council met in session on this date at 1:30 P.M. in the Conference Room at Yakima City Hall. ;Councilmen present at the meeting were Mayor Bert Broad, Wray iBrown, Betty L. Edmondson, Dick Jarms, W. K. "Pete" Moore, Don Schussler and Bill Simmons. 1Councilmen Edmondson and Schussler reported to the Council the activities of the Law and Justice Work Release Committee. 'Apparently, Law and Justice has found an additional $45,000 in grant monies that may be made available to the County, ; provided an application is submitted to the State by March 21, 1975. These funds would be used to expand the Work Release Program in this area to include parolees. However, such a program would require the use of the City jail facilities for harboring parolees. Any grant application 'made must provide for such a facility. Chief LaRue expresses some reservations about this proposal, noting that the overspill of prisoners from the County, must be taken care of in the City facilities, as was specifically provided for in the Jail Consolidation Agreement between the City and County. The type of criminals to be included in this program would be screened by a local committee as well as the Sheriff. County Commissioners have scheduled this for a public hearing to determine Yakima Valley residents' reactions to this proposal. Council asked that the City Manager investigate the ramifications of the concept with the Police Chief. The City Manager observed that the previous agreement between the Yakima Softball Association and City provided that Capital Improvements "be approved by the City" now, hdlvever,- in the absence of a named person, the Director of Parks and Recreation Commission will be the approving authority, with the advice and consent of the Parks Commission. City Manager McMicken reported that he had received word from the Attorney General's Office that the City's share of $25,000 in interest earnings which was charged against the City by the State and which was subsequently protested, has been put in abeyance for further analysis. In discussing the Human Relations Ordinance draft, City Manager McMicken observed that the composition of the Commission had been drafted to include people of representative ages, sexes and economic status as well as racial and ethnic backgrounds. Councilman Schussler expressed opposition to an 11-member Council together with the phrases on racial, religious and ethnic backgrounds. He recommended, instead, that the Commission be reduced to seven members. Council- man Simmons contested any such change in size, feeling that eleven members offered more latitude in the selection of respective members. Other Councilmen expressed similar views and it was determined that the Commission should remain at the 11-member size and retain the description as to composition. Some further clarifications were added with respect to referrals of claims by the Human Relations Officer. He need not necessarily refer all claims to the Commission; instead, those which have been handled unsatisfactorily internally would be referred as well as those requested by complaintants. The right of Hearing remains available for all who may so desire. A revised draft will be made available for Council review March 24, 1975. Personnel Director, Marilyn Farnham, reviewed the CETA Manpower Program for the City observing that in most instances the program was successful and well thought of by Managers and Department Heads. The one area of concern was the Police Department, where the City has received a multitude of applicants, but thus far have been unable to find more than three or four qualified candidates for Patrolmen. The selection process is continuing. The City had over 400 applications for 47 CETA Title II positions available. The Council was reminded that the March 17th Council meeting will be held at KYVE-TV Studios and will include the first Hearing on the Housing and Community Development Grant Application for 1975. 306 MARCH 10, 1975 _ At 3:00 P.M., the Council members moved into the Council Chambers for the balance of the meeting, Mayor Broad presiding, Councilmen Brown, Edmondson, Jarms, Moore, Schussler and Simmons, City I Manager McMicken and City Attorney Andrews present on roll Icall. The Invocation was given by Councilman Brown. The minutes of the previous regular meeting of March 3, 1975, 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. 832, ;filed by Richard D. Smith, Garden Villa Motor Inn, requesting the vacation of a portion of No. 2nd Street, having been continued from February 10, 1975, Principal Planner, Dick Hill reviewed the Planning Staff Report and Planning Commission Minutes on this subject dated February 19 and March 4, 1975, respectively. He indicated that the Planning did recommend approval of this request at their March 4 meeting. The area in question is located at the northern end of 2nd Street adjacent to a single family lot being rezoned. He reviewed earlier action iwhereby the Garden Villa was granted the vacation of Sycamore 'Street and the relocation of access to the south. The purpose for this vacation is to accommodate a new parking facility for the Garden. Villa. He reported that the request was submitted to affected departments and utility companies with no objections. he further reported that a new curb has been designed for !the end of No. 2nd Street. The request is recommended for approval, subject to the following conditions: 1. That existing easements shall remain in force. 2. That a suitable fence be constructed across North 2nd Street in addition to the proposed curbing. 3. That some type of reflectorized sign and/or barricade be installed for safety as specified by the City Traffic Engineer. In reference to the earlier Street Vacation, Mrs. John Coonen !questioned the closure of Sycamore Street before the new access street is completed. She commented that it is not accessible now and understood it was agreed that the new street would be accessible before Sycamore was closed. She is not opposed to the proposed vacation. Mr. Hill noted that the contractors are in the process of redoing the whole-parking lot and the grading is being done before access is available. It was H oted that the relocated street will soon be-open.- it was 1MOVED by Schussler, seconded by Jarms that Ordinance No. 1758, 'providing for said vacation, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO, 1758, AN ORDINANCE providing for the vacation of a portion of public street in the City of Yakima, Washington. This being the time set for the Hearing on Petition No. 837, ' ifiled by John H. Morgan and Others, requesting vacation of !the alley in block 276 and 277, Lund's Addition, Principal 'Planner, Dick Hill reviewed the Planning-Staff Report and Planning !Commission Minutes on this request dated February 26 and March 14, 1975, respectively. He noted that the Planning Commission 'recommended approval of this request at their March 4 meeting l and reported that the request results from the purchase of • I property across the alley by the rental equipment business, and ,w1Sh', this vacation for security purposes and property utildty. The petitioner would like to fence across the alley. He cited the !location of the alley between 4th and 5th Avenues, Tieton Drive I to Division Street. He reported that all affected departments , I land utility companies were contacted with no objections, providing • the easements are maintained. Pacific Power, however, raised • 307 MARCH 10, 1975 !d. strong objection due to their need for facilitating maintenance lot a main line through the open areas in the alley and also expressed concern for possible construction of a building under the power line, creating a hazard to maintenance. The Planning Commission did recommend approval subject to •the following two conditions: 1. That all existing easements remain in force providing full access. 2. That no permanent structure be placed or built upon what was the alley right-of-way. Mr. Hill indicated that the Staff had contacted the applicant and suggested that a Right-of-Way Use Permit might be feasible ,rather than a straight vacation. City Manager McMicken commented that the permit might allow for a short term agreement rather than a permanent vacation. Mr. Charles Riemke, being present and representing the petitioner, noted that he contacted Ithose parties involved and they prefer the alley vacation I rather than the granting of a Right-of-way Use Permit. He noted that they recognize the easements and these would be !kept accessible. No one present spoke against the proposed ;vacation. After due discussion, it was MOVED by Jarms, seconded by Brown that Ordinance No. 1759, providing for said vacation, be passed: Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1759, AN ORDINANCE providing for the vacation of a public alley in the City of Yakima, Washington. This being the time set for the Hearing on the Confirmation of the Irrigation Maintenance Assessment Roll •for 1975, Director lof Public Works, Dave Vargas, reported that the City had !received 20 . rtests on assessments with one notice of change , in ownership. He noted that three concerned rate increases, but only one reflected an actual increase. Twelve requested to be dropped because irrigation water is not used, but Mr. Vargas ,noted none of those involved rate increases. He, !agreement with three who asked to be dropped, but recommended denial of twelve. He referred to the operation by the City of 45 irrigation districts and noted that the assessment does not coverthe cost of the water, but only the maintenance. ,Mr. Vargas reported that the staff recommends rate increases Ion nine districts with one recommended decrease. The increases Irange from 4 to 16 percent, with an average rate increase of 10 percent. Mr. Vargas referred to the Summary of Proposed Rate Adjustments on the 1975 Irrigation Assessments, as provided , for Councilmen.and referred to the reasons outlined in this report for proposed rate increases. He noted that most increases have been brought about by the need to improve systems which have failed. Mr. Ralph Morton, 613 No. 47th Avenue, asked to be released from his assessment. Mr. Vargas reported that his property involves three parcels and is developed for residential use with apartments and a duplex. He recommended denial since they have landscaping. Mr. Morton noted that there is no grass, but a few short shrubs and is interested I in removing the two shrubs located on the corners. He reported that 75 percent of the area is paved with very little area for grass. There is no irrigation pipe to either apartment property, but piping is supplied to the duplex property.. He noted that to bring in irrigation piping would be too expensive. He currently is using City water for the shurbs and indicated he did not wish to pay the assessment when the water is not lused. Mr. Morton indicated he would continue to pay for the duplex property but would like to be released from the assessment on the North 4th and Cherry property. Mr. Vargas l indicated the Staff would further review this request with Mr. Morton, come to an agreement and report back to the Council. 1 MARCH 10, 1975 :City Manager McMicken noted that the assessments are not paid by City taxes, but based on the property benefited :within the district. He explained that should one property be released, the cost is spread over the other parcels in the district and those in turn must pay higher assessments. Mr., Nick !Veraskie commented on the irrigation assessment for the Northwest ;Medical Building, noting that it is assessed per square foot ! for irrigation and commented that as a commercial property, - ! approximately only 1,000 square feet are irrigated. He asked for reconsideration of the assessment in light of the large amount 1 of square footage assessed but not used. Councilmen noted that the assessment was based on the amount of square footage benefited. Mr. Rod King, owner of apartments on Cherry noted that ! there are no irrigation faucets to his property at all. Dave ' Vargas commented that the Staff will look into this and should iwater be available, he would be assessed, though the water is not used. Mr. Harvey Barstow, also asked questions regarding the computation of square footage for his property and Mayor I Broad indicated the Staff will work with him on this matter. It was moved by Brown, seconded by Jarms that Ordinance No. , 1760, confirming the 1975 Irrigation Assessment Roll, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1760, AN ORDINANCE confirming the irrigation mainten- ance assessment roll of the City of Yakima for the calendar year 1975, and levying irrigation maintenance assessments according ! to such roll; and declaring an emergency. I This being the time set for the Hearing on a Dangerous Building Report filed by the Chief Building Inspector regarding expenses and charges for demolishing the Chieftain Hotel property, it was noted that the report had been filed and proper legal notice given. There was no one present to speak for or against this matter. It was MOVED by Moore, seconded by Edmondson that Resolution No. D-3279, accepting the report of the Chief Building Inspector, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, I Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3279, A RESOLUTION confirming the report of the Chief of Code Administration concerning the demolition of the premises known as the Chieftain Hotel property in the City of Yakima; assessing costs of demolition and removal, I cleanup and backfilling as a lean against the property and 1 providing for payment thereof by installments. Director of Public Works, Dave Vargas, gave a: status report on the McKinley Avenue sewer situation, indicating the City received on this date a report from the Health District indicating that the City's sewer is a probable cause of the water pollution in this area. He explained that the City will now submit an application to the Environmental Protection Agency for funds to seal this sewer. The EPA have authorized the City to proceed 1 with the location of sewer leaks with a TV camera as a first 1 step in repair. He indicated that the City is negotiating for this work with several firms and will bring back a recommenda- tion for award next week. He indicated that the City will get a negotiated price, and that the estimated price is in the range of $7,000. The EPA will participate in the cost. : 1 He noted that the_actual repair invollie'a sealing the three sewers will run between $25 Mr. Vargas ! 1 explained that a meeting is scheduled this week for affected ' property owners, at which the problem will be explained. He noted that this sewer sealing will not solve the problem entirely. Councilman Edmondson questioned objection by property owners in this area to obtaining City water and Mr. Vargas noted that some feel they cannot afford it. 1 1 MARCH 10, 1975 •City Manager McMicken reviewed the three options for property to be used for Community Park Site No. 1 as received and detailed by letters. He quoted their appraised values as outlined by each letter. He noted that the site is approximately 30 acres along 40th Avenue and River Road and that the option is open for 12 months. Each would apply toward the purchase • price if these options are exercised within that time. He requested authorization for payment of these options at $500 each and noted that the City would then proceed with application to the State Interagency Committee. It was MOVED by Jarms, seconded by Brown that a payment of $500 each for three options for this property be authorized: ;carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. ;City Manager McMicken referred to the proposed adoption of ithe 1973 Edition of the Uniform Fire Code. Fire Marshal !Ed Lexa reported that at the Council'.s request, an informational imeeting was held on February 25, 1975 and appropriate notification ! • Igaven to persons directly involved with the Code. He reported that few inquiries were made and recommended the acceptance of the 1973 Edition. Director of Public Works, Dave Vargas 'commented on the standards for fire hydrants and that the 'standards will apply to new hydrants. He noted that Nob Hill Water has no objections. City Manager McMicken reported - that an Ordinance adopting the proposed code would be brought l back to the Council. It was MOVED by Schussler, seconded by Brown that Resolution !No. D-3280, authorizing a temporary loan from Water-Sewer 'Fund to Community Development Fund and providing for repayment, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, I Schussler and Simmons voting aye on roll call. ;RESOLUTION NO. D-3280, A RESOLUTION authorizing a temporary 'loan of $10,000 from 473-Water-Sewer Fund to 123-Community !Development Fund and providing for repayment. ICity Manager McMicken reported on an Outside Utility Request for property at 402 South 56th Avenue owned,by Gordon S. !Hanson. Mr. Hanson has signed an Outside Utility Agreement and consents to future annexation. A sewer connection is available at a charge of approximately $553. It was MOVED by Schussler, ;seconded by Simmons that the request by Mr. Hanson for outside sewer service, be granted: carried,"Broad, Brown, Edmondson, Jarms. Moore, Schussler and Simmons voting aye by voice vote. The City Engineer having submitted a report on the completion of L.I.D. No. 997, Voelker Addition No. 1 Domestic Water 1District, it was MOVED by Schussler, seconded by Jarms that April 7, 1975 be the date fixed for Hearing on the Assessment ;Roll: carried,,Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. The City Treasurer having submitted the Investment Report for the month of February, 1975, it was MOVED by Schussler, seconded by Edmondson that the Report of the City Treasurer dated February 28, 1975, regarding the investments of the City of Yakima be accepted and approved: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. City Manager McMicken reported on the Voluntary Action Center request for $6,000 from the City for the 1975 Budget and referred to their Budget Proposal for the City of Yakima, as revised and distributed to Councilmen. He indicated that the CETA funded positions are not included in this revision. He further indicated that the County will contribute $6,000 310 MARCH 10, 1975 for 1975. Mr. McMicken reviewed past appropriations and proposed expenditures from the Contingency Fund. Mr. Don Eyman, Director of VAC, reported that the VAC is developing comprehensive programs and working in cooperation with on-going programs. Councilman iSchussler questioned whether the State is using the local agency for placing volunteers. Mr. Eyman indicated that the State ;agency did rely heavily on the local Center. After due discussion, it was MOVED by Brown, seconded by Edmondson that the City 'continue support for 1975 of the Voluntary Action Center in the amount of $6,000: carried, Broad, Brown, Edmondson, Jarms, 'Moore, Schussler and Simmmons voting aye by voice vote. It was MOVED by Edmondson, seconded by Moore that Ordinance !No. 1761, amending the Uniform Mechanical Code pertaining to 'licensing contractors to comply with State law, be passed: 'carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. 1ORDINANCE NO. 1761, AN ORDINANCE relating to building regulations; !amending the Uniform Mechanical Code of the City of Yakima; lauthorizing the issuance of permits to designated classes of !persons; defining terms; prohibiting the engaging in business gof a heating and/or comfort cooling contractor without a State certificate of registration; amending Sections 11.32.050, 11.32.080 and 11.32.090, and repealing Sections 11.32.100 and 11.32.110 of the City of Yakima Municipal Code. lAn Ordinance transferring $50,000 from Cumulative Reserve for ! Capitol Improvements Fund to the Central Business District !Capital Improvement Fund, having been read by title only at this meeting, was laid on the table for one week or until March 17, 1975, City Manager McMicken explained that this appropriation covers payments due the Central Business District Design Team. IA report having been received fr,om the Planning Commission !on the Rezone Application filed by Hugh E. Davis for property at 1624 So. 24th Avenue, it was MOVED by Schussler, seconded by Edmondson that March 31, 1975 be the date set for Hearing on this request: carried, Broad, Brown, Edmondson, Jarms, !Moore, Schussler and Simmons voting aye by voice vote. !Petition No. 841 having been filed with the City Clerk on February 128, 1975, by Glenn A. Enquist and Others, requesting the improvement !of property by the construction of curbs, gutters and surfacing in the vicinity of Carriage Drive and No. Contestoga Boulevard, lit was MOVED by Schussler, seconded by Brown that Petition No. 841 for the creation of a Local Improvement District, be !referred to the City Manager and Staff for study and recommendation: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. !Petition No. 842, Notice of Intention to Commence Annexation !Proceedings, having been filed with the City Clerk on March 15, 1975, by William Lind and Others, requesting the annexation lof property between 58th and 61st Avenue south of Lincoln Avenue, it was MOVED by Schussler, seconded by Brown that today be 'set as the time for a meeting with the initiating parties who signed the Notice of Intention to Commence Annexation Proceedings ;dated March 5, 1975, those initiating parties being William 1 Lind and Glascam Builders, Inc.: carried, Broad, Brown, Edmondson, 1 Jarms, Moore, Schussler and Simmons voting aye by voice vote. Mr. William Lind, being present, and indicating that the initiating !parties are willing to assume their share of the City's existing ;indebtedness, it was MOVED, seconded and passed that the annexation ;proposed. by Petition No. 842 (Notice of Intention to Commence !Annexation Proceedings) be accepted by the City of Yakima and that the area sought to be annexed be required to assume the City's existing indebtedness, and that a Notice of Intention, to Annex be filed with the Yakima County Boundary Review Board. The above Motion was made by Schussler, seconded by Brown and !carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and ;Simmons voting aye by voice vote. MARCH 10, 1975 Damage Claims having been filed with the City Clerk on: a. March 4, 1975, by James D. Beckett, 423 N. 31st Avenue in the amount of $33.08 for damages from a clogged sewer line; b. March 5, 1975, by Pacific Northwest Bell Telephone Company, 821 2nd Avenue, Seattle, in the amount of $97.06 for damages to a pickup by a City vehicle; c. March 6, 1975, by Rius Waltman, 206 N. 10th Street in the amount of $50.00 for damages from a clogged sewer line, it was MOVED by Brown, seconded by Edmondson that said Damage Claims be referred to the City Manager and Staff for study and recommendation: carried, Broad, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. City Manager McMicken requesting authorization for out-of-state travel for Bruce Belfield, Fire, to travel to Long Beach, California, to attend the Fire Communications Academy, April 2-11, 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, Schussler and Simmons voting aye by voice vote. City Manager McMicken nominated Mr. John Morgan to the Heating and Comfort Cooling Code Board of Examiners. It was MOVED by Moore, seconded by Schussler that the appointment of John Morgan to the Heating and Comfort Cooling Code Board of Examiners be - ratified: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. There being no further business to come before the Council, it was MOVED by Schussler, seconded by Moore that this meeting be adjourned at 4:30 P.M., to Tuesday, March 11, 1975 at the hour of 12:00 Noon, to then meet in the Holiday Inn: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. 2/4 READ AND CERTIFIED ACCURATE BY /%/ ,/ 2 ,7 DATE ' /COUNCII/4MANI / I, 4-4,„.„3„,e DATE _T - .1 2 - 7S - COUNCILMAN ATTEST: CITY e RK MAYOR