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HomeMy WebLinkAbout03/24/1975 Business Meeting MARCH .24, L975 The City Council met in session at 1:30 P.M. on this date in the Conference Room at Yakima City Hall. Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, !Betty L. Edmondson, Dick Jarms, W. K. "Pete"Moore, Don Schussler and Bill Simmons. Mr. Roger Reed, Senior Assistant Attorney General, addressed the Council concerning Consumer Protection in the State of Washington. Mr. Reed indicated that the City of Yakima was as susceptible to consumer fraud as most of the larger cities in the State. He and his staff have spent considerable time investigating unfair trade 'practices in Yakima referred to the State by the Better Business ,Bureau. The case load presently indicates that transient consumer problems are recurrent in the City of Yakima and typically come from other communities which have engaged more stringent consumer :protection laws. Mr. Reed recommended that the Council consider the adoption of a proposed model Ordinance drafted by his office Iwhich would offer local consumer protection against unfair and ideceptive commercial acts and practices. Such an Ordinance would :provide a standard for determining what trade practices would be considered unfair and deceptive and to inform, educate and protect ' the consumer and business public from unfair and unconscionable ,practices. Mr. Reed indicated that his office could only handle 'gross violations and that the infrequent or singular infractions were typically not pursued. In this context, he recommended that the local jurisdictions undertake the responsibility for safe- guarding consumers against such actions. The modelOrdinance.,createS a Director of Licenses and Consumer Affairs to oversee and 'investigate consumer violations. The Ordinance itself is a synthesis of State Federal Trade Law Regulations and entitles the Director to ;investigate and subpoena witnesses and conduct whatever investi- gation is necessary to discover fraudulent procedures and criminal Iviolations. Upon consideration of Mr. Reed's remarks, the Council lindicated that this matter should be studied further by the City Staff and a decision made pursuant to that review. lit was MOVED by Schussler, seconded by Moore that the Council then 'go into Executive Session to discuss pending litigation with the City Attorney. 1 At 3:00 P.M., the Council members moved into the Council Chambers for the balance of the meeting, Mayor Broad presiding, Councilmen iBrown, Edmondson, Jarms, Moore, Schussler and Simmons, City !Manager McMicken and City Attorney Andrews present on roll call. IThe Invocation was given by Mayor Broad. IThe minutes of the previous meeting of March 17, 1975, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Broad declared I said minutes approved as recorded. This being the time set for the Hearing on Resolution of Intention INo. D-3276, to create a Local Improvement District by the construc- tion of a sewer in the vicinity of North 62nd Avenue, Director of Public Works Dave Vargas reported that the sewer lines will be installed along the easements in back of the properties involved, and there being no protests in writing or otherwise, it was MOVED by Brown, seconded by Schussler that Ordinance No. 1766, creating !L.I.D. No. 1003, North 62nd Avenue Sewer District, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and ;Simmons voting aye on roll call. ' 1 !ORDINANCE NO. 1766, AN ORDINANCE providing for the improvement of certain property by constructing a pipe sewer with the necessary wye branches and manholes; establishing a Local Improvement 1 District, providing for the method of payment therefor, and creating a special fund. 6 F 7 0 MARCH 24,1975 This being the time set for the Hearing on the Assessment Roll for L.I.D. NO. 1000, Place Vendome Domestic Water Improvement, and there being no protests in writing or otherwise, it was MOVED by Schussler, seconded by Edmondson that Ordinance No. 1767, confirming said Assessment Roll, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1767, AN ORDINANCE confirming the Assessment Roll covering Local Improvement District No. 1000 as created and established by Ordinance No. 1707 of the Ordinances of the City of Yakima. This being the time set for the Hearing on the proposed Community Development Block Grant Program, Mayor Broad referred to the Hearing on this matter held at the previous meeting and to this subsequent Hearing for purposes of citizen input. City Manager McMicken noted the report submitted in response to earlier discussions, entitled Priority of Needs, which reflects the results of a community survey. The first page of this report lists needs divided into three major areas, to include Neighborhood Needs for Physical Development, Areawide Needs for Physical Development and Public/Social Service Needs. Mr. McMicken reported that those items noted as proposed priorities under each major area included numbers 1 and 2 under the first, second and third major divisions, as listed on the first page. Those under area 1 would apply mainly to low income persons or elderly. These persons are also taken into account in the design phase under the second Area-wide Needs. Also included is the Housing Resource Center. He noted that under area 3, street lighting would be an element in crime prevention. Mr. McMicken briefly reviewed the 3 alternatives for project funding, as presented in the report to include Alternative A, resulting from the all-day session at Yakima Valley College by the Citizen's Committee, which list was presented at the last Hearing. He noted that funding extensions appear which would be necessary for second and third year fundings if these projects were funded in the first year. He explained that these would not be decided now, noted but some projects would have follow-through implica- tions. He also reviewed Alternative B, a Housing Only List, and to Alternative C, which first year program would be as follows: Housing Resource Center Services $50,000 Yakima Housing Authority Recycling Fund $100,000 Neighborhood Park Area 113 Site Acquisition 21,600 Senior Citizen's Center Site Acquisition 30,000 Lighting east of 16th Avenue 21,600 Community Development Administration 25,000 Contingencies 7,800 $256,000 Mr. McMicken noted the Housing Resource Center Services Budget for 1975, noting that the Community Development Act provides for such services along with the Craftsman Corp budget in the amount of $25,000. Referring to the proposed Neighborhood Park, Mr. McMicken reported it would_be 5-9 acres. Director of Parks and Recreation, Bill Hutsinpiller reported that the first year funding includes a 40 percent local share, with development of the Park to occur in the last year of funding. He indicated a park location proposed for the Garfield School area where there are many elderly and low income persons. He indicated the staff does not have a specific site in mind, but the park is proposed for Neighborhood 15. Mr. McMicken reported that this is shown as a priority project in the Comprehensive Parks and Recreation Plan. Referring to the Senior Citizen's Center, Mr. McMicken noted that some feel two or more centers would be an asset to the community, with new construction to begin in the third year. 322 MARCH 24, 1975 Traffic Engineer Bill Stark reviewed alternatives for lighting !east of 16th Avenue, as included in Alternative C, noting that it would include just the residential area east of 16th Avenue at a cost of approximately $21,600. He reviewed the type of ;lighting to be considered, noting that the incandescents often ! burn: out. Mercury vapdr,lighting would be replaced on a lease :program from Pacific Power and Light and would not be a group Ireplacement program, but only maintained on a burnout basis. The alternative to this program would be for the City to install and 'maintain their own lighting, to include a group replacement program. He noted how much the City would save by doing their own replacement and maintenance. 'Housing Services Representative Art Gordon reviewed the elements 'of Alternative B containing the breakdown of how funds for housing would be spent if the $256,000 were utilized. He reviewed the Community Development Housing Programs as outlined in Attachment : 1 A. Miss Marguerite Hackett commented that most of the housing 'program is directed toward the low and middle income and questioned where wealthier elderly persons will live. Anna Uebelacker spoke in support of the Home-Base Preschool Program. Grace Anderson, ;Executive Secretary for Washington Association for Retarded Children !spoke to the Council regarding the needs of this organization and in support of the Special Projects for the Handicapped. !Carolyn Halford also spoke in favor of Special Projects. Others !present and speaking in favor of Special Projects were Mr. Bill IWegeleben, Marjorie McCormick, Vivian Leigh and Floyd Winegar. ;Anna Uebelacker passed to Councilmen additional information regard- ling the Home-Base Preschool Program, noting that the U. S. Office of Education has been contacted and has assured them of additional funding of $55,000 - 60,000 if a local operational program is funded. Others present and speaking in favor of the Home-Base Program were Molly Day, Margaret McCay, Mrs, Bill McCay, Nedra !Canard and Paula McCay. Kathleen McGuire indicated she felt Iprograms such as Head Start were sufficient for preschoolers in Yakima. Mr. Harold Smith, Senior Citizens President, spoke to the needs of enlarging the present Senior Citizens Center Ifacilities and passed to Councilmen copies of a informational 'report on the center. Mrs. Hauf spoke on behalf of the Capitol ! Theatre restoration, and requested consideration of the restroom for the handicapped. Mr. Johnnie Rance and Henry Beauchamp presented la proposal on behalf of the Southeast Community Center for support of the proposed Recycling Center, noting its benefits in terms of crime prevention and employment opportunties. A letter was submitted to the Council from Director Charles Lee, outlining the proposal and funding requested in the amount of $20,000. Mayor Broad indicated that no final decisions would be made at' this time, but that the Council would hold more meetings on this matter. Mrs. Mark Gilbert made a presentation to Mayor Broad and Council members on behalf of Women for the Survival of Agriculture and introduced also Mrs. Leonard Long and Mrs. Ken Knight, active members. Mayor Broad read his Proclamation declaring the week of March 24 thru 28, 1975 as Yakima Agricultural Week. 'Director of Public Works Dave Vargas eported on the Design Elements' , I of the South First Street Improvement Project Mead to Washington !Avenues, as it effects the abutting properties. He reported that the project will be funded out of State and Federal monies I with no assessment to abutting property owners. He reviewed ; the project, to include installation of curb and sidewalk within the existing right-of-way, continuation of five traffic lanes, and controlling access with the use of curbs and drivewayst, as shown on the map. He referred to the problems cited earlier by the 'Arctic Circle, Mr. William Zero and Kawasaki Country in reference to reduced parking space. In reference to the objections by 1 IMr. Zero, he noted that the City proposes to use their right-of-way , I 1 23 MARCH 24, 1975 for sidewalk, with access provided through the use of a driveway. This will take three or four of their parking spaces. In reference to problems associated with Kawasaki Country, he reported that a wide driveway is being provided for them, but 'would cut down on the number of parking stalls. Mr. Pat McCarthy and Mr. Don Patnode, Kawasaki Country, being present Ispoke in opposition to the project, noting that most of their parking will be removed. Mr. Vargas indicated that these 'improvements are also necessary for persons riding the bus. I Manager McMicken reported that no further action was !needed at this time, since the project was previously approved. City Manager McMicken reported that bids were received and "considered by a Bid Board on March 13, 1975 for the South First Street Sewer - Russell Lane to Lindy Lane, Schedule I, as follows: Valley Cement Construction, Inc., Auburn. $43,487.01 Jobeca Construction Company 60,690.00 DeBlasio Construction Company 61,624.50 The City Engineer recommending that the Bid be awarded to Ivalley Cement Construction Inc., who submitted the lowest and best bid, it was MOVED by Schussler, seconded by Brown t hat the Bid be awarded to Valley Cement Construction, Inc. in the amount of $43,487.01 and that the City Manager be ;authorized to enter into contract with said contractor upon t he filing of the proper bond and insurance: carried, Broad, !Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting ,3.17e by voice vote. Icity Manager McMicken reported that Bids were received and 'considered by a Bid Board on March 11, 1975 for the Kiwanis !Park Comfort Station as follows: Zimmerman Construction $12,878.25 John P. Crawford Construction 13,864.20 Frenzel Construction 13,944.00 Central Heating & Plumbing Co. 18,281.55 The City Engineer recommending that the Bid be awarded to 'Zimmerman Construction Co. in the amount of $12,878.25, it was MOVED by Schussler, seconded by Brown that the Bid be ;awarded to Zimmerman Construction Company in the amount of $12,878.25 and that the City Manager be authorized to enter into contract with said contractor upon the filing of the 'proper bond and insurance: carried, Broad, Brown, Edmondson, 'Jams, Moore, Schussler and Simmons voting aye by voice vote. IMr. Peter Marshall, of Stevens, Thompson and Runyan, Inc. passed to Councilmen copies of a portion of the Draft Environmental I/ Impact Statement for the Central Business District Parking and General Improvements. He briefly reviewed its contents, to include analysis of existing CBD conditions relative to ;air and noise, residential development, traffic flow, and transit ;systems. He referred to the modifications proposed for Yakima lAvenue, 2nd Street and other streets which will be handling 'increased traffic as a result of the project. He reported that the Draft particularly addresses changes in traffic 'patterns and steps which can be taken to offset adverse effects. Also reflected, is the economic impact of the Study. Mr. Marshall 'noted an overall favorable impact. Finally, he indicated the report addresses elements of displacement, noise and 'alternatives to the project, noting that the benefits to be derived out-weigh the questions. It was MOVED by Schussler, ;seconded by Jarms that the hour of 8:00 P.M. be inserted in the :proposed Resolution fixing the date of Hearing on this Statement: 'carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler land Simmons voting aye by voice vote. It was then MOVED by Schussler, seconded by Edmondson that Resolution No. D- 3284, fixing fixing April 21, 1975 as the date for Hearing on said iDraft Environmental Impact Statement, be passed: carried, 324 MARCH 24, 1975 'Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons :voting aye on roll call. Also present and speaking to this matter was Mr. Lee Semon. 'RESOLUTION NO. D-3284, A RESOLUTION of the Council of the City of Yakima, Washington, directing distribution of a Draft Environ- mental Impact Statement with regard to the proposed improvement of the downtown area of the City by the construction and installation 'of off-street parking facilities, improvement to pedestrian spaces ' and general improvements, and fixing a date for a Public Hearing Ion such Statement. It was MOVED by Brown, seconded by Schussler that Resolution INo. D-3285, authorizing a temporary loan of $100,000 from Water- ( Sewer Fund to the Airport Improvement Fund for property acquisition,, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. ;RESOLUTION NO. D-3285, A RESOLUTION authorizing a temporary !loan of $100,000 from 473-Water-Sewer Fund to 361-Airport Improvement 1 Fund and providing for repayment. !City Manager referred to the proposed purchase of property adjacent to the City Shops. Councilman Jarms indicated that considering all the funding requests and current expenditures, he questioned 'whether it would be necessary to use this property very soon. 'Director of Public Works Dave Vargas indicated there was no l immediate need for the house property which would cost approximately 1 $17,750. Councilman Schussler noted the small size of the property at 75 by 90 feet. Councilman Edmondson indicated she did not ifeel it would be wise to purchase the property at this particular time. After due discussion, it was MOVED by Brown, seconded by Simmons that the proposed property be purchased: Councilmen 'Broad and Brown voting aye by voice vote; Edmondson, Jarms, !Moore, Schussler and Simmons voting nay by voice vote. The :Motion lost for want of a majority vote. It was MOVED by Schussler, seconded by Edmondson that Resolution INo. D-3286, A Resolution of intention to improve property by the construction of a sewer in the vicinty of 63rd Avenue between i Lincoln and Englewood, be passed: carried, Broad, Brown, Edmondson, !Jams, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3286, A RESOLUTION of intention to create a Local :Improvement District. ICity Manager McMicken reported on the Right-of-Way Use Permit 1 'requests for the following: A. Prentice Packing and Storage, 202 N. 1st Avenue B. United Supply Company, 201 N. 2nd Avenue C. Helliesen Lumber Company, 117 - 131 N. 1st Avenue Mr. McMicken indicated these three requests involve docks,stairway and storage areas. Each has been processed through the appropriate 'City officials and each approved with conditions attached only to the Prentice request. Those conditions are as follows: 1. That all storage of pallets, bins and equipment be limited to the dock area; 2. That no trash or waste materials be stored in this area; 3. That the equipment room attached to the east side of their warehouse be removed or remodeled to comply with fire zone No. 1 requirements; 4. That the boiler room authorized by Resolution be removed or repaired to improve the appearance and stability of this structure. 325 MARCH 24, 1975 - ---------- It was MOVED by Schussler, seconded by Moore that these three requests for Right-of-Way Use Permits, be granted: i parried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. 1 Damage Claims having been filed with the City Clerk on: a. March 19, 1975, by Eunice Bender, 1214 S.69th Avenue in the amount of $20,000 for damages in connection with a motor vehicle accident; b. March 20, 1975, by Naomi Danielson, 205 N. 6th St., in the amount of $22.50 for injuries in connection with a police incident; c. March 20, 1975 by Randy Danielson, 205 N. 6th St., in the amount of $35.00 for injuries sustained during a police incident;, it was MOVED by Schussler, seconded by Brown that said Damage Claims pe referred to the City Manager and Staff for study and recommend- ation: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. City Manager McMicken requesting authorization for out-of- state travel to attend the International Convention of Community dvisors in Chicago, Illinois, April 3, it was MOVED by Jarms, Seconded by Moore that said travel be approved and expenses paid: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. 'There being no further business to come before the Council, at was MOVED by Schussler, seconded by Moore that this meeting be adjourned at 5:55 P.M. to this evening at the hour of 16:00 P.M. to then meet in the Flight Deck Restaurant: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. iREAD AND CERTIFIED ACCURATE BY " 1 • NCILMAN -to `IP DATE ! 411r. 1- i OUNCILMAN ATTEST: ■ OF- 4fe /e1411.4q inumairdgf ! CITY CLE;,' MAYOR ADJOURNED REGULAR MEETING - MONDAY, MARCH 24, 1975 I/ The City Council met in session on this date at 6:00 P.M. in the Flight Deck Restaurant with members of the Parks and Recreation Commission to discuss the role of the Commission and City Council concerning joint items of interest. Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Betty L. Edmondson, Dick Jarms, W. K. "Pete" Moore, Don Schussler and Bill Simmons. Chairman of the Parks and Recreation Commission, Mer Edmondson, reviewed the following: 1 1. Cahalan Park Conveyance. The Council was advised that the Union Gap City Council had deferred any further consideration of obtaining Cahalan Park inasmuch as there was no funding available for acquisition this year. Mr. Edmondson indicated that the Commission would still leave the option for conveyance open for the future. 326 MARCH 24, 1975 _- _. 2. Red Cross Swimminq. A swimming program has been established for 1975 consisting of two qualified k ucLo instructors. The fee will be $2.00 for 10 lessons, as opposed to $3.25 originally proposed; however, c for those lacking even the minimal stipend, there will be no fee required. 3. Community Park Site Acquisition. Council was advised that the option on the property for park site acqui- sition had been secured and that further negotiations were in process. 4. Community Development Allocations. The. Commission expressed its interest in various projects which they believed should be funded from this year's entitlement of Community Development Block funds. Commission members favored expansion, of the Senior Citizen's Center, as well as the School and Parks Recreation Program. Although the School /Parks Program has apparently been successful, Commission members believe it could be substantially upgraded. Councilman Edmondson reminded Commission members that Parks had received $200,00.0 in FRS Funds last year and because of this, she believed recreation programs should not have high priority this year. Councilman Schussler also agreed and expressed concern over whether or not crime prevention should be a high priority. As far as deterring juvenile crime,, Bill-Hutsinpiller indicated he would like to see expansion in teen activities and indicated that the entird.Commis'sion was in favor of expanded teen programs. Councilman Brown took the opposite view by indicating, that funds for teen pur- poses would not really do very much to solve juvenile crime problems and, in fact, opens the door for recurring budget demands from General Fund reserves. He further expressed reluctance to expanding the Senior Citizen Center this year and recommended buying land next year. Mayor Broad expressed similar sentiments and felt that some investigation should be made into using churches for expanded Senior Citizen Center services. City Manager McMicken indicated that the City has many options, but reminded Council and Commission' members that the grant was designated or-low - and - mod.erate incomes and held community blight as a priority and that rec- reation for teenagers would very likely be unacceptable in terms of priority. If school recreation facilities are considered important, perhaps Parks should consider utilizing additional CETA personnel. Councilman Simmons expressed some concern over the acquisition of further facilities, suggesting instead that we develop current programs and put facility acquisition into abeyance for a few years. Concerning Senior Center acquisition, City Manager McMicken expressed the opinion that there might be a need for four centers rather than one concentrated facility. Mayor Broad argued against this approach since it would require additional staff, maintenance and might lead to competition among Senior Citizens in the Community. Council indicated they respected the concerns of the Commission as far as Community Development allocations were concerned and would be considering each of,these projects in- propor- tion to other needs identified in the Preliminary Grant: Application. 5. Freeway Park. The Commission reiterated its interest in the Freeway Park complex along the Yakima River indicating that it would very likely require both City and County involvement, but may very well become another Park Bond Issue. Yakima County this week will be forming a River Front Committee to investigate the entire concept. Bill Hutsinpiller will be included in this Committee. 327 MARCH 24, 1975 - MARCH 25, 1975 6. Trails Committee. The _Commission expressed an interest in the appointment of a Trails Committee to study trail possibilities for bikes, etc. throughout the City. There was some concern over to whom the Committee would be responsible to, but all parties agreed that the Committee should report to the Commission to convey their recommendations to the Council. The meeting concluded with the understanding that the Commission's concerns would be taken under advisement by the City Council. I/ There being no further business to come before the Council, it was MOVED by Moore, seconded by Schussler that this meeting be adjourned at 9:20 P.M. to Tuesday, March 25, 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. I READ AND CERTIFIED ACCURATE BY 4r,, 447„, DATE let? 75' f COUNCILMAN DATE --/// COUN'ILMAN // ATTEST: CITY C RK ij MAYOR 1 ADJOURNED REGULAR MEETING - TUESDAY,.MARCH 25, 1975 The City Council met in session on this date at 12:00 Noon in the Holiday Inn, Yakima, Washington. 1Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Betty L. Edmondson, Dick Jarms, W. K. "Pete" Moore, Don Schussler and Bill Simmons. Council members held general 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 Moore, seconded by Simmons that this meeting be adjourned jat 1:30 P.M., to Friday, March 28, 1975, at the hour of 11:00 A.M. to then meet in the Conference Room at Yakima City Hall: carried, IBroad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting I/ aye by voice vote. READ AND CERTIFIED ACCURATE BY 4„, 1240144r4 COUNCILMAN DATE --7 7 7- COUNCILMAN ATTEST: 411. i0IF• bi) - ; CITY CL • K 1 w p,-1, 01 MAYOR 1 1 1