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
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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
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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.
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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