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HomeMy WebLinkAbout09/22/1975 Business Meeting I /80 SEPTEMBER 22, 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 Brown, Betty L. Edmondson, Dick Jarms, W. K. "Pete" Moore and Dr. Bill Simmons. Representatives from Eichler Disposal appeared to discuss their position regarding the extension of refuse bin service to Yakima schools. After listenging to a few comments, the Council agreed to hear remaining arguments at the regular agenda session. City Manager McMicken reported on negotiations with insurance adjustors for the Capitol Theatre. Initially, he reviewed various options. A fixed settlement award will not be determined until after the insur- ance adjustors have come to_some agreement on the replacement value of the building. Rather than considering this further at Study Session, the Council elected to discuss the matter of insurance negotiations with adjustors in Executive Session with the Manager. City Manager McMicken next reviewed bids on old Fire Station No. 1. Only one bid was received at $78,000 on an earnest money option. Council determined that a decision as to the sale of the building to the bidders should be made at the next regular Council meeting. Principal Planner Dick Hill reviewed the proposed Subdivision Ordinance, indicating that most revisions were brought about by mandates of State Law and were incorporated into the new revision. Considering the proposed Ordinance, Councilman Jarms expressed some concern about costs upon developers for meeting various provisions wh±ch, although may be in the best interests of the City, are not necessarily required by the law. He asked that a further analysis be made of the provisions which would have a negative impact upon land developer interests. The Ordinance will again be considered by the Council at the Hearing on October 6, 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, and Simmons, City Manager McMicken and City Attorney Andrews present on roll call. Councilman Schussler being absent at roll call and having requested permission to be excused from this meet- ing, it was MOVED by Brown, seconded by Edmondson that Councilman Schussler be excused: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye by voice vote. The Invocation was given by City Attorney Andrews. The minutes of the meeting of September 15, 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 the assessment of costs for demolition of a dangerous building at 1123 East "A" Street and there being no one present to speak for or against this matter, it was MOVED by Brown, Seconded by Simmons that Resolution NO. D-3391, accepting the report of the Chief of Code Administration and assessing costs, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye on roll call. Schussler absent. Director of Community Development, Fred Stouder reported communication had been received from the property owner directing the City to go ahead with the assessment. RESOLUTION NO. D-3391, A RESOLUTION accepting the report of the Chief of Code Administration concerning the demolition of a dangerous building at 1123 East "A" Street in the City of Yakima, Washington, and assessing the demolition costs against the real property. SEPTEMBER 22, 1975 This being the time set for Hearings on proposed amendments to the Zoning Code, Principal Planner Dick Hill first discussed the amendment to permit issuance of a Class A Liquor License in a B-2, Local Business Zone. He explained the intent of this proposed amendment is to allow business establishments to sell tap beer as requested by pizza parlors, etc. Councilman Edmondson questioned whether the Ordinance adequately specified consumption of beer and/or wine off premises also under the definition of a Tavern. Mr. Hill reported that the Planning Commission recommends approval of this request. It was MOVED by Moore, seconded by Simmons that Ordinance No. 1841, providing for said amendment be passed. Councilman Edmondson expressed concern that the Ordin- ance should specify provisions for beer to go under the Tavern definition. It was subsequently MOVED by Simmons, seconded by Jarms, that the Ordinance be amended under Section 2, Tavern, to specify sale for consumption off the premises also: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye by voice vote. Schussler absent. The Ordinance, as amended, then passed, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye on roll call. Schussler absent. Also present and speaking to this matter was Attorney Wally Meyer. ORDINANCE NO. 1841, AN ORDINANCE relating to zoning, defining terms; specifying establishments allowed to sell alcoholic beverages in B-2, Local Business Zone; enacting Sections 12.04.316 and 12.04.373 as new sections, and amending Subsection 12.32.010, 35., all of the City of Yakima Municipal Code. Principal Planner Dick Hill next discussed the proposed amendment to change Use Regulation Limitations in the M-3, Airport Industrial Zone, explaining that at the present time the Ordinance restricts use to those businesses directly related to Airport manufacturing or products. By liberalizing uses, it will provide that an unre- lated business would use similar manufacturing methods, etc., as business directly related to the Airport located in the area. Mr. Hill indicated that the Planning Commission recommends this amendment also. It was MOVED by Brown, seconded by Simmons that Ordinance No. 1842, providing for changes to the Use Regulations Limitations in the M-3, Airport Industrial Zone, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye on roll call. Schussler absent. ORDINANCE NO. 1842, AN ORDINANCE relating to zoning; limiting use regulations applicable to M-3, Airport Industrial Zone; and amending Section 12.48.020 of the City of Yakima Municipal Code. Principal Planner Dick Hill reviewed the third amendment, to declare violations of the Zoning Ordinance to be a public nuisance. He noted this relates to enforcement of the Ordinance, which at the present time declares all violations to be misdemeanors requiring the criminal process through the courts and often creates enforcement problems. This amendment would declare violations to be a nuisance and provide for further abatement through Civil action. He indicated the Planning Commission recommends approval of this addition. It was MOVED by Edmondson, seconded by Jarms that Ordinance No. 1843, amending the Zoning Code to declare violations of the Zoning Ordinance to be a public nuisance, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye on roll call. Schussler absent. ORDINANCE NO. 1843, AN ORDINANCE relating to zoning; declaring zoning violations to be a public nuisance and providing for the abatement thereof; enacting Section 12.88.060 as a new section of the City of Yakima's Municipal Code; and declaring an emergency. In accordance with the Council action taken at the previous meeting, Traffic Engineer Bill Stark reviewed his report on the request for a crosswalk at 16th and Folsom Avenues, dated September 19, 1975. He indicated a request had been received for a signal similar to that recently installed at 44th Avenue and Nob Hill Boulevard, which is a pedestrian actuated signal. Mr. Stark noted that traffic and pedestrian signals are provided at the main intersections of 16th Avenue and Lincoln Avenue and 16th 1 182 SEPTEMBER 22, 1975 Avenue and Summitview Avenue on either side of Folsom Avenue and l explained that pedestrians could walk approximately 630 feet in either direction where they could cross at a pedestrian signal. Mr. Stark explained that the painted crosswalk at Monroe Avenue has been discontinued and is being allowed to fade out, since a marked crosswalk such as this tends to provide false security for children especially, who step out into heavy traffic. Mr. Stark !indicated the staff recommends against a pedestrian signal or painted' •crosswalk at 16th and Folsom. Mr. Norman Stewart, 217 North 16th Avenue, being present, explained that those who signed the petition submitted last week were requesting an overhead illuminated sign d lin icating a pedestrian crossing or any improvement over what exists at the present time. He felt a crosswalk would benefit those crossing at this intersection even when school is not in session. He further noted that many persons who signed the petition were elderly and Fere in favor of pedestrian safety measures. Mr. Stewart briefly reviewed his own survey of other crosswalks located throughout the City and felt this area had somehow been neglected. He asked that : I 1 the Council again consider the petition submitted last week and the specific requests of that petition. Councilman Simmons expressed a concern for the problems cited and asked that the City look into Fays of making this crossing mpre safe. However, he expressed concern and misgivings regarding a pedestrian crossing at this location. Dave Vargas indicated that advance picture warning signs for pedestrian 1 "crossings can be placed in advance of an intersectiOn. Mayor Broad felt that the signals provided at 16th and Lincoln Avenues and 16th 1 and Summitview Avenues were adequate for walk situations. Councilman : Brown asked that the fading crosswalk at Monroe be painted out com- bletely, if possible. Councilman Simmons expressed a desire to have the Traffic Engineer again study what feasible, practical anem , . tives could be used to increase or insure pedestrians safely crossir4 I at 16th and Folsom Avenues, but stated that he had nothing specific 1 to recommend. There being no further recommendations on this matter,: i or , ayor Broad indicated the Council would then accept the recommendatiops of the Traffic Engineer's report. It was MOVED by Brown, seconded by Simmons that Resolution No. D- 1 3392 authorizing the City to file prospectuses with the Washington 1 !State Highway Commission for Yakima Avenue and "B" Street railroad : crossings over Union Pacific Railway tracks, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye on iron call. Schussler absent. City Manager McMicken reported the , : 1$12,000 local share will be shared equally between the City and the Railroad. RESOLUTION NO. D-1392, A RESOLUTION authorizing and directing the Mayor and City Clerk of the Ci Yakima to file prospectuses with the Washington State Highway Commission, Department of Highways, for funding for public improvement projects. . I It was MOVED by Moore, seconded by Jarms that Resolution No. D- 13393, authorizing the execution of an agreement with Southeast Yakima 'Community At Work, Inc., for use of City owned equipment at the 1 Resource Recovery Recycling Center, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye on roll call. l Schussler absent. RESOLUTION NO. D-3393, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Southeast Yakima Community At Work, Inc., for use of City equipment for a Resource Recovery Recycling Center. 1 Director of Community Development Fred Stouder again reviewed the proposed agreement with HUD to implement the low income housing rehabilitation loan program explaining this will allow loans up ' to $150,000 and explained the responsibilities of the City under the conditions specified in the agreement. It was MOVED by Jarms, ',seconded by Edmondson that Resolution No. D-3394, authorizing the execution of said agreement, be passed: carried, Broad, Brown, 1 Edmondson, Jarms, Moore and Simmons voting aye on roll call. Schussler absent. I 1 1 r SEPTEMBER 22, 1975 1 RESOLUTION NO. D-3394, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the United States of America, Department of Housing and Urban Development, to implement a program for loans , for housing pursuant to the Housing Act of 1964. Director of Public Works Dave Vargas reviewed the Street Superin- tendent's report regarding sidewalk repair costs dated September 18, 1975, noting estimates of the difference between asphalt and concrete repairs. He pointed out the long range advantages 1 of concrete over the asphalt for repairs, as citedin the report. Mr. Vargas explained the procedure followed for asphalt patches, 1 noting it does not eliminate the grade separation or drainage pro- I/ blems. Gordon Spencer, President of the Apartment Owners Associ- ation, being present, indicated approval of the report; however, he felt that it did not go far enough, since there are still some asphalt repairs which are in good condition. He indicated that it would be a savings of money to the property owner to 1 use this method where feasible. Street Superintendent Doug 1 Terry reported that requests have been received from people to remove the asphalt patches. 1 It was MOVED by Brown, seconded by Simmons that Resolution No. D-3395, authorizing the abatement of fire hazards on private 1 property in accofdance with the report received from the Fire Marshal, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye on roll call. Schussler absent. RESOLUTION NO. D-3395, 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 abatement by the Fire Marshal. Councilmen referred to City Manager Report No. 251 and the proposed 1 Ordinance extending bin service by the City's Refuse Division, this matter having been continued from the meeting of September 1 2, 1975. Councilman Jarms felt that the Council should dismiss 1 any further consideration on this item at the present time. Councilman Simmons indicated that he wanted time to review the report as submitted by Eichler Disposal for the Council's consider- ation. Councilman Brown felt that the City should not try to 1 service the schools and should not extend additional bin service at this time. After due discussion, it was MOVED by Jarms, seconded by Brown, that this matter be postponed indefinitely: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye by voice vote. Schussler absent. An Ordinance appropriating $4,280 within the Transit Fund to 1 make final payment on City buses, 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 Edmondson that Ordinance No. 1844, providing for said appropriation, be passed: carried, Broad, BroWn, Edmondsdn, Jarms, Moore and Simmons voting aye on roll call. Schussler absent. 1 ORDINANCE NO. 1844, AN ORDINANCE appropriating the amount of $4,280 from unappropriated money in 462-Transit Fund to Account 462.546.33.64 as a 1975 appropriation for 462-Transit Fund. An appeal having been received from the Planning Commission's 1 denial of a rezone request filed by New Valley Osteopathic Hospital, it was MOVED by Brown, seconded by Simmons that October 13, 1 1975, be the date set for hearing on this matter: carried, 1 Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye by voice vote. Schussler absent. City Manager McMicken requesting authorization for out-of-state travel for Kermit Smith, Purchasing Agent, to travel to Calgary, Alberta, Canada, to attend the Northwest Conference of the Purchas- 1 ing Agents Association, October 8-10, _1975, it was MOVED by 1 1 1 1 484 SEPTEMBER 22, 1975 Moore, seconded by Edmondson that said travel be approved and "expenses paid: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye by voice vote. Schussler absent. E � City Manager McMicken requesting permission to be excused from the next regular meeting to attend the ICMA Meeting in Seattle, it was MOVED by Brown, seconded by Simmons that the City Manager be excused,; Monday, September 29, 1975: carried, Broad, Brown, Edmondson, Jarms, Moore and Simmons voting aye by voice vote. Schussler absent. !Councilmen Brown and Jarms requesting permission to be excused from the next regular meeting, it was MOVED by Moore, seconded by Simmons that Councilman Brown and Jarms be excused September 29, 1975: carried, "Broad, Edmondson, Moore and Simmons voting aye by voice vote. Schussler 'absent. At 4 :50 P.M. it was MOVED by Moore, seconded by Simmons that the 1Council go into Executive Session to discuss the Capitol Theatre insurance settlement: carried, Broad, Brown, Edmondson, Jarms, Moore, and Simmons voting aye by voice vote. Schussler absent. [A t the Executive Session, it was MOVED by Brown, seconded by Moore that the City Manager, City Attorney and Architect - be directed to meet and confer with the insurance adjustor for settlement of the claim on the Capitol Theatre, that settlement to be ratified by the City Council: carried, Broad, Brown; Edmondson, Jarms, Moore, and 1 Simmons voting aye by voice vote. Schussler absent. There being no further business to come before the Council, it was MOVED by Moore, seconded by Simmons that this meeting be adjourned at 5:00 P.M. to Tuesday, September 23, 1975, at the hour at 12 :00 Noon to then meet in the Holiday Inn Restaurant: carried, Broad, `Brown, Edmondson, Jarms, Moore and Simmons voting aye by voice vote. Schussler absent. II IIREAD AND CERTIFIED ACCURATE BY _/ ,t�`L_`, _ DATE NC I _LMAN - j ' h DIX DATE '"/ '� -� "2 CO H- CILMAN t E # TTEST: , ; CITY CL /K 16 D41 7 r 4 I/ 3 � I !