Loading...
HomeMy WebLinkAbout07/21/1975 Business Meeting V') JULY 21, 1975 The City Council met in session on this date at 6:30 P.M. 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 Dr. Bill Simmons. City Manager McMicken discussed the proposal by Don Lundberg con- cerning the sublease of the Flight Deck Restaurant consignment. He indicated he was a little concerned that the City had negotiated a lease agreement with Mr. Lundberg for the restaurant which did not contemplate brokering in business. The City Manager wished the Council to be apprised of Lundberg's intentions and indicated that the sublessee was Mike Frasu, who has a sound record in managing restaurant operations. Councilman Brown indicated that he was not worried about Don Lundberg's intentions to lease the restaurant and was confident that Frasu would be a responsible manager. Director of Community Development, Fred Stouder, discussed the preliminary Forecast '76 for the Department of Community Development, focusing on three major areas of concern: 1) Community Development and Housing Programs; 2) Down- town Development Implementation and Financing Schedules and 3) Urban Area Growth and Regional Planning approaches, including the City's Comprehensive Planning and Ordinances. Councilmen were apprised of on-going functions and forecasts for the Department, as described in the Forecast '76 document. In considering the proposal suggested by Fred Stouder, Councilman Simmons inquired whether the program was worth the expenditure of funds contemplated. Mr. Stouder suggested that the large portion of funding was Federal dollars, that no new staff was proposed for '76 and that he believed the program offers benefits for the future. The impact on housing may be marginal at first; however, in most cases, it takes several years to realize benefits in housing programs. On one other program that was suggested, i.e., the "Farmers Market Concept", Councilman Brown suggested that program be well thought out and planned to avoid opposition from downtown grocery merchants. He was opposed to the concept as planned. Councilmen were asked by the City Manager to study the remainder of the programs listed in Forecast '76 in preparation for further reviews in upcoming Study Sessions. At 8:00 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 City Manager McMicken present on roll call. Simmons absent on roll call and present after 8:15. The Invocation was given by Councilman Brown. The minutes of the previous meeting of July 7 and 14, 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. Mayor Broad presented a Resolution of Recognition and Commendation to the Yakima City Lines and ten individual employees, upon having been awarded a Certificate of Commendation and Safe Driver awards by the National Safety Council. He noted that the Yakima Lines have operated 126,880 man-hours without a disabling injury. Those drivers receiving special recognition were Gordon Geise, Cecil Watts, Ken Kohagen, Gene Rice, Ken Wilson, Gary Karnes, Pete Brown, Bob Bonner, Ernie Fetters, and Dave Rodriguez. It was MOVED by Moore, seconded by Schussler that Resolution No. D-3352, a Resolution of Recognition and Commendation to 430 JULY 21, 1975 the Yakima City Lines and drivers for awards-by the National Safety Council, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore and Schussler voting aye on roll call. Simmons temporarily absent. Transit Manager Bob Knight thanked the drivers present for their service. City Manager McMicken explained the proposed Agreement of Compromise and Settlement with the Asphalt Litigation defendants, regarding the class action brought by several cities, King County and the State of Washington in 1969 against companies dealing in liquid asphalt. Mr. McMicken reviewed the letter from the law offices of Ferguson and Berdell, reviewing the principal considerations in the out-of-court settlement as detailed in the letter from Mr. C. David Sheppard dated Juiy 11, 1975. The City of Yakima _share in the settlement is $26,349.38. It was MOVED by Jarms, seconded by Edmondson that Resolution No. D-3353, approving and ratifying said settlement on behalf of the City of Yakima, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3353, A RESOLUTION approving and ratifying settlement of civil litigation. City Manager McMicken reviewed the proposed Agreement for Aid with the Washington State Highway Commission by which terms and conditions are established for right-of-way services. The Agreement for Aid would be a continuing contract and services will include appraisal, appraisal review, acquisition, relocation assistance and property management. These services are needed in connection with the 16th and Tieton and other projects. It was MOVED by Brown, seconded by Jarms that Resolution No. D-3354, authorizing the execution of said agreement with the Washington State Highway Commission, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3354, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an Agreement for Aid with the Washington State Highway Commission. City Manager McMicken reviewed the proposed Lease Agreement with Rod Mick and Steve Scott, doing business as Mix' Productions at the Yakima Air Terminal, noting that it involves 160 square feet in the old control tower space. This lease will be negotiated at $5.00 per square foot rather than the usual $4.00 per square foot rate. The lease provides for $70 per month, the City paying utilities and janitorial services. In reference to the option to renew the Lease Agreement, he noted no special provision for increasing the rate., Councilman Edmondson favored some protection in case utilities costs substantially rise. Mr. Steve Scott, being present, explained that they will be going to considerable expense to furnish the office area which will be used as office and studio space in connection with filmings and production of TV commercials. Councilman Jarms felt there should be some provision for a future change in rates, if necessary. Mr. Scott explained that the film work will be done out in the field and the space will not involve electronic equipment. Councilman Jarms felt the City should not be locked in at this particular rate. Mr. Scott indicated that there would be no objection to the inclusion of option on the City's part to raise the rate should it be associated with a cost of living increase, utility increases, etc. Councilman Brown indicated he would like to see some type of option for a change of rate at the end of 2 additional one-year renewals. Mr. Scott indicated that should utility rates go up, this would be agreeable. Councilmen Brown-and Edmondson indicated agreement with this - 131 JULY 21, 1975 provision. City Manager McMicken indicated that the appropriate change could be made in the lease agreement to provide for two additional one-year term renewals rather than the stated five one-year options so that the lease will run for a total three-year term. It was MOVED by Edmondson, seconded by Moore that Resolution No. D-3355, authorizing the execution of said Lease Agreement,as amended, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore and Schussler voting aye on roll call. Simmons temporarily absent. RESOLUTION NO. D-3355, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to exe- cute a Lease Agreement with Rod Mick and Steve Scott, doing business as Mix' Productions for office and studio space in the Air Terminal Building at the Yakima Air Terminal. It was MOVED by Schussler, seconded by Simmons that Resolution No. D-3356, authorizing abatement by the Fire Marshal of fire hazards on private property, in accordance with the report filed by the Fire Marshal, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3356, A RESOLUTION requiring the abatement of fire hazards on certain property, directing notice to property owners to abate such hazards and, in the alternative, authorizing the abatement by the Fire Marshal. City Manager McMicken explained the public auction sales im- provements on property required by the City for purposes of Airport expansion in accordance with federal guidelines. The auction will be conducted by Marian Pierce August 16, 1975. It was MOVED by Simmons, seconded by Schussler that Resolution No. D-3357, declaring said property surplus and authorizing its sale at public auction, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3357, A RESOLUTION declaring property to be surplus, and authorizing and directing its sale at public auction. City Manager McMicken referred to the off-agenda item regarding the sublease of the Airport restaurant to Frasu, Inc. The City Manager indicated that lease responsibilities still rest with Mr. Don Lundberg. Mr. Lundberg, being present, commented on the experience of Mike Frasu, a local restaurateur, indicating they look for an opening date in approximately four weeks. Councilman Brown also commented on the success of Mr. Frasu. Councilman Edmondson asked that the premises be opened as soon as possible. It was MOVED by Moore, seconded by Brown that Resolution No. D-3358, authorizing said sublease, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3358, A RESOLUTION consenting to the sublease of Yakima Air Terminal restaurant premises. The City Treasurer having submitted the Investment Report for the month of June, 1975, it was MOVED by Schussler, seconded by Edmondson that the report of the City Treasurer dated June 30, 1975, regarding the investments of the City of Yakima, be accepted and approved: carried, Broad, Brown, Edmondson, Jams, Moore, Schussler and Simmons voting aye by voice vote. 432 JULY 21, 1975 ;City Manager McMicken reported on a request for outside sewer service to property at 816 South 50th Avenue, owned by Mr. Clarence E. Marshall. The property can be readily served by the existing sewer line in Arlington Street at a connection charge of approximately $586.37. The staff recommends approval. It was MOVED by Schussler, seconded by Moore that the request of Clarence Marshall for outside utility service, be granted: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. City Manager McMicken explained the changes in the Ordinance amending the time requirements for filing of gambling tax state- ments to coincide with the filing of reports by operators to the State Gambling Commission. It was MOVED by Jarms, seconded by Brown that Ordinance No. 1816 providing for said changes, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1816, AN ORDINANCE relating to licenses and business regulations; requiring quarterly remittance of gambling taxes and imposing a penalty for late payment; amending Section 5.49.040 and 5.49.060 of the City of Yakima Municipal Code; and declaring an emergency. City Manager McMicken explained the proposed procedure to require closure of abandoned and unused driveways, whereby appropriate notice is given and authorizing the City to perform the necessary work and charge to the property owner -if necessary. It was MOVED by Edmondson, seconded by Moore that Ordinance No. 1817, adopting said procedure, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1817, AN ORDINANCE relating to streets and sidewalks; adopting a procedure to requre closure of abandoned or unused driveways; imposing a lien for driveway closure work performed by the City; and enacting Section 8.64.140 and 8.64.150 as new Sections of the City of Yakima Municipal Code. It was MOVED by Brown, seconded by Schussler that Ordinance No. 1818, changing the name of the City Garage Fund to the Equipment Rental and Revolving Fund, in accordance with the request of the State Auditor, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1818, AN ORDINACE relating to City funds and accounts; establishing an Equipment Rental and Revolving Fund; designating the purpose and providing for the administration of such funds; and amending Section 3.15.010, 3.15.020, 3.15.030, and 3.15.040 of the City of Yakima Municipal Code. An Ordinance appropriating $40,000 of anticipated revenue to the Contingency Fund, having been read by title only at this meeting was laid on the table for one week or until July 28, 1975. City Manager McMicken explained that the additional monies to the fund are anticipated from the gambling tax, noting first quarter receipts at $23,000. Funds received are in excess of estimated revenues. iAn Ordinance transferring $66,837 from the Contingency Fund to various funds and appropriating $323,847 within various • 'funds, having been read by title only at this meeting, was laid on the table for one week or until July 28, 1975. City ,Manager McMicken explained the major breakdowns into the General ;Fund, Community Development Fund and Parks and Recreation Fund JULY 21, 1975 and further breakdowns to each account number as listed in the Ordinance. Council received a report from Yakima Ambulance Service, speci- fying a change in the non - emergency base rate from $50.00 to $57.00. As indicated in the report, the rate increase became effective July 10, but the report was not filed with the City Clerk until July 14, 1975. City Manager McMicken indicated he would write a letter to Yakima Ambulance regarding proper filing of a change in rates within 24 hours before they become effective, in accordance with City Ordinance requirements. I/ Damage Claims having been filed with the City Clerk on July 14, 1975, by Mrs. Bruno Henne, 922 South llth Avenue, in the amount of $164.00, for automobile damages from a City irrigation pipe, and on July 18, 1975, by William B. Faller, Nancy P. Faller and William J. Faller, in the amount of $5,000 for injuries in connection with a Police incident, it was MOVED by Schussler, seconded by Brown that said Damage Claims 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. City Manager McMicken referred to the off - agenda item, requesting authorization to accept a letter from Foster and Marshall, Bond Counsel, offering to purchase bonds in the amount of $3,000,000 for the downtown L.I.D. He noted that there is no guarantee on interest paid and interest terms are to be agreed upon. It was MOVED by Schussler, seconded by Simmons that the letter from Foster and Marshall, be accepted: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. City Manager McMicken requesting authorization for out -of -state travel for Bruce Olsen, Data Processing, to travel to Astoria, Oregon, to visit the 90/30 Computer installation, July 28 -29, 1975, 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. Councilman Edmondson and Jarms requesting permission to be excused from the next regular Council meeting of July 28, 1975, it was MOVED by Schussler, seconded by Brown that Councilman Edmondson and Jarms be excused on that date: carried, Broad, Brown, 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 9 :40 P.M., to Wednesday, July 23, 1975, at the hour of 12:00 Noon, t then meet in the Holiday Inn: carried, I/ Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. READ AND CERTIFIED ACCURATE BY /./,% DATE 72_ _� J - `. COUNCILMAN IA) A DATE T 1/4 - COUNCILMAN ATTEST: CITY C 1r RK MAYOR