HomeMy WebLinkAbout05/05/1975 Business Meeting 358
_ MAY 5, 1,975
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, Don Schussler
and Bill Simmons.
The Mayor discussed various board and commission appointments
necessary for expiring terms of individuals serving the Board
of Adjustment, City Employees Civil Service Commission, Parks
and Recreation Commission and Planning Commission. The Council
requested Mayor Broad to make the appropriate contacts concerning
reappointment.
The Council next considered a memorandum from the City Attorney
regarding proposed state legislation on massage parlors which
Suggested that perhaps a delay in drafting an ordinance regulating
Massage parlors be considered, pursuant to any legislation at
the state level. However, the Attorney did intend to proceed
1 yith an ordinance prohibiting body paint shops. In subsequent
ldiscussion, the City Council reevaluated its position on the matter
and requested that the City'Attorney proceed with legislation
that would regulate body shops rather than prohibit them in the
City.
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lRegarding Bicentennial. Pavilion Proposals, the City Manager advised
the Council that three proposals had been received, one from V. C.
iValicoff concerning the sale of property to the City; a second from
"Joe Dietzen of the Yakima Mall; and a third, two part proposal from
Cook-Lewis Company. The City Manager indicated that he had been
advised by representatives of the Thunderbird Motel Inn that their
proposal was in the mail,but would arrive late. The Manager noted
!that Paul Cook objected the City Council considering any late
!proposals, but advised Cook that the Council would make its own
decision concerning the acceptance of late proposals, inasmuch
as the deadline established for receiving them was not a legal
requirement. In subsequent discussion concerning hearing the
proposals and selling the bonds, it was determined that a special
Council meeting would be held May 19 at 3:00 p.m. to make the
bond bid award., The bonds must be delivered to the purchaser in
1,Seattle by May 22.
In regard to the County's / position in supporting the Pavilion the
Council was advised hat the ComMissioners would be offering their
assistance"in terms (A relationship giving the City
receipts from room tax revenue derived within the City and received
by the County. The County will not issue revenue bonds in the
Pavilion venture and only those room tax monies collected within
the City are designated for Bicentennial purposes.
City Attorney Fred Andrews reported to the Council that he would
be appearing in court to discuss a summons dismissing the law
'suit against the City which attacked the Environmental Impact
Statement of the Downtown Redevelopment Projects Mr. Andrews reported,:
that inasmuch as the E.I.S. report has been adopted by the City,
the summons if granted, would put at rest the attack against the
;City on the project.
!Turning back to the discussion of Bicentennial Pavilion proposals,
Wray Brown inquired as to how the Council should arrive at a decision
lin selecting from among the four proposals. The City Manager
recommended that that decision should be made pursuant to a review
land expert analysis of each proposal's criteria. In that connection,
the City Manager indicated that City staff will be assessing each
of the proposals submitted in preparation for a Council presentation
and briefing together with a public hearing on all plans. Councilman
S immons expressed the view that the City should proceed very
carefully and thoroughly in conducting its study of the proposals
to be assured that the best decision was made. In consideraton
lof the review process necessary, the City Manager said that members
May 5, 1975
of the City staff will perform their assessment the balance
of the week and that the Council should change its previously
scheduled hearing date from May 19 to May 12 to coincide with
a staff report on the subject and allow for an adequate citizen
review. The Council concurred, and subsequently decided that
the Vistors and Convention Bureau, Chamber of Commerce, and
Ad Hoc Committee should be invited to sit in with the Council
when each of the proposals are discussed. The Council indicated
that representatives of each Proposal should make a report
to the Council the week of May 12, at dates to be established
at their Council luncheon on Tuesday, May 6.
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 Manager McMicken and City Attorney Andrews
present on roll call.
The Invocation was given by Councilman Edmondson.
The minutes of the previous meeting of April 28, 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. 845,
filed by Robert and Barbara Schultz, requesting the vacation
of the north-south alley between "A" Street and the east-
west alley of Block 270, Yakima, Principal Planner Dick Hill
reviewed the Planning Staff Report and Planning Commission
Minutes on this request dated April 11 and April 22, 1975,
respectively. He explained this vacation is requested to
allow for improvement and expansion of the existing Schultz
Furniture Store on 5th Avenue. He further explained that
no objections were received from affected City departments
and utility companies, conditioned upon the protection of
existing easements and relocation of utilities, if necessary.
Mr. Hill reported the recommendations of both the Planning
Staff and Planning Commission for approval of this request.
Mr. Charles Lyon, Attorney representing the applicants, reviewed
the general layout of the proposed improvements and expansion,
noting that the building will cross over a portion of the
north-south alley, but the alley would remain open,on the
northern end for freight access. He requested that the proposed
vacation be allowed. It was MOVED by Brown, seconded by
Jarms that Ordinance No. 1781, providing for said Vacation,
be passed: carried, Broad, Brown, Edmondson, Jarms, Moore,
Schussler and Simmons voting aye on roll call.
ORDINANCE NO. 1781, 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 Petition No. 846,
filed by Robert and Barbara Schultz, requesting vacation
of the east 100 feet of the west 200 feet of the alley between
North 4th and 5th Avenues, Principal Planner Dick Hill reviewed
the Planning Staff report and Planning Commission minutes
on this request dated April 11 and April 22, 1975, respectively.
He explained that this request is related to the previous alley
vacation request and involves the center 100 feet of this
east-west alley between 4th and 5th Avenues. The vacation
will allow for a covered entry way and is requested for the
control of traffic movement and pedestrian safety. Mr. Hill
related some problems in connection with this request, noting
that a partial vacation in the center of the alley creates
two dead end alleys, which will pose problems for the City
street sweepers and Refuse Department and Sewer repairmen, as
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MAY 5, 1975
well as the Cascade Natural Gas Corporation. He noted that
these persons do not wish to back equipment out onto 5th Avenue.
The Planning Staff is recommending the issuance of a Right-of-
Way Use Permit, but the Planning Commission has recommended
approval of the partial vacation. This vacation is conditioned
upon the provision that Mr. Schultz grant easements to adjacent
property owners at either end of the alley. The staff further
recommends the following conditions be met in connection with
the alley vacations:
1. That all existing easements and rights remain in
full force providing complete access.
2. That no permanent structure be placed or built upon
the east-west alley way that would in effect block
thru movement of traffic.
Mr. Charles Lyon, Attorney for the applicants, explained the
location of the canopy into the parking area. He discussed
the problems as cited by the creation of two dead end alleys
and reviewed the discussions from the Planning Commission meeting,
explaining that the easements granted take care of the staff's
concern. He explained that a Deed has been prepared and further
reviewed the request by the property owners involved for agreement
to allow for each to retain the right to cross the others property.
Mr. Lyon explained that the easement, as corrected, will be
ready to deliver as soon as arrangements between the three property
owners is completed. Mr. Lyon explained that this vacation
would provide access for business purposes rather than serving
the general public. He asked that the Council take into considera-
tion what the development of this store will do for the downtown
area and asked that this request be approved, subject to the
completion and delivery of the easements being granted. Mr.
Ted Mallotte, owner to the west of the parking lot, asked that
his rights be protected. He explained that this alley is needed
for delivery services and access to a proposed commercial building
on his property. Mr. C. F. Morris, questioned the reactions
by the Fire Department to these vacations and Mr. Hill indicated
that the Fire Department did not object. Director of Public
Works, Dave Vargas cited the problems involved with the street
sweepers in backing up in this' alley, if vacated. Mr. Lyon
spoke against the issuance of a Right-of-Way Use Permit since
they are renewable each year. After due discussion, it was
MOVED by Moore, seconded by Brown, that Ordinance No. 1782,
providing for said vacation, be passed: carried, Broad, Brown,
Edmondson, Jarms, Moore, Schussler and Simmons voting aye on
;roll call.
ORDINANCE NO. 1782, AN ORDINANCE providing for the vacation
of a portion of public alley in the City of Yakima, Washington.
Dr. Marjorie M. Wilson, Medical Director at the Southeast Yakima
Clinic, reviewed her letter to the Council dated April 28, 1975,
in which she requests assistance in the amount of $7,000 in
FRS monies to help with medical liability, coverage for the
Southeast Clinic. She pays her own physician's insurance, but
the Aetna Insurance Company requires approximately $7,500 more on
Clinic coverage. Dr. Wilson related efforts to get the insurance
costs reduced with no success. She related that the Clinic
services approximately 1600 people and is not able to raise
the cost to the patient. Councilman Simmons inquired as to
how much the Southeast Community Center would be able to help
in paying these costs. Mr. Johnnie Rance, Director, being present,
related that the grant received did not cover the malpractice
insurance and was not allowed for in the grant. He explained
that if necessary, they could take some of the bingo funds and
possibly contribute $2,000 - $3,000. He further explained that
only the physician was covered last year. Councilman Schussler
questioned the possibility of reduction of services in the future.
Dr. Wilson explained the large number being served by the Clinic
and noted that health educational and patient advocacy services
MAY 5, 1975
are also provided. She explained that the Clinic will be monitored
by the insurance company. Councilman Edmondson spoke in favor
of granting $7,000 to the Health Clinic. It was MOVED by Brown,
seconded by Schussler that this request be referred to staff
and taken under advisement for one week: carried, Broad, Brown,
Edmondson, Jarms, Moore, Schussler and Simmons voting aye by
voice vote.
City Manager McMicken referred to the three proposals received
on this date for a Bicentennial Pavilion, to include the Cook-
Lewis Corporation, Yakima Mall Corporation and Vic Valicoff.
He explained that the proposal from the Thunderbird Motor Inn
had not been received as yet, but was in the mail and would
be considered, when received. Mr. Paul Cook, being present,
asked to present their proposal for the public's information
at this time. He reported that they are prepared to build
a pavilion site at approximately $1,259,500 located adjacent
to the Townhouse Motel at Yakima and 8th Street. With the
use of architect drawings and site plans, Mr. Ron Cameron,
Architect, reviewed specifications the turn-key pavilion proposal,
to include dimensions and capacity, noting it would contain
30,000 sq. ft., having the capability of seating 1,000 persons.
He noted that parking behind the facility would be provided
in the immediate area and a total of 490 adjacent on-street
parking. He reviewed the plans indicating spaces with space
for the Visitors and Convention Bureau Offices, folding doors
providing meeting rooms, the lobby and exhibition areas and
capability for expansion in the future. He noted that the
pavilion would be a one-level construction. Mr. Cameron stressed
the time element involved for consideration of this proposal.
It was MOVED by Moore, seconded by Edmondson that the Hearing
date on proposals be rescheduled for May 12, 1975: carried,
Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons
voting aye by voice vote. It was MOVED by Schussler, seconded
by Edmondson that the minutes should reflect the intention of the
City to utilize hotel-motel room taxes collected from within
the City for this facility, consistent with state law: carried,
Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons
voting aye by voice vote.
City Manager McMicken referred to his letter dated April 30,
1975, reporting the action on the request by Mr. Ralph Morton
for exemption from irrigation assessment for two apartment
complexes. The letter explained that the property in question
is benefited by irrigation water being available and therefo
is assessed according to property size. Director of Public
Works Dave Vargas found that the properties have landscaped
yards. Mr. Bob McAbee, being present and representing Mr.
Morton, related that Mr. Morton was not contacted at the time
the staff made their study, but did receive notification by
letter. Dave Vargas explained that the property was viewed
several times and Mr. Morton was advised by telephone that
he did not qualify for exemption from the assessment roll.
After due discussion, it was the consensus of the Council that
the findings of the staff be supported, and that Mr. Morton
not be exempted from the irrigation assessment roll.
City Manager McMicken reviewed the provisions of the proposed
lease agreement with the Federal Aviation Administration for
installation of a Visual Approach Slope Indicator at the Yakima
Air Terminal, explaining it would be done at FAA expense.
It involves a standard lease agreement providing for an annual
renewal. It was MOVED by Brown, seconded by Schussler that
Resolution No. D-3314, authorizing the execution of said agreement,
be passed: carried, Broad, Brown, Edmondson, Jarms, Moore,
Schussler and Simmons voting aye on roll call.
RESOLUTION NO. D-3314, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to execute
a lease agreement with the Federal Aviation Administration
for installing a Visual Approach Slope Indicator at the Yakima
Air Terminal.
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MAY 5, 1975
In accordance with action taken April 28, 1975, it was MOVED
by Schussler, seconded by Edmondson that Resolution No. D-
3318, denying a rezone application filed by Ray Embree and
Perry Hayes for property at the southwest corner of 56th and
Summitview Avenues, be passed: carried, Broad, Edmondson,
Moore, Schussler and Simmons voting aye on roll call; Brown
and Jarms not voting, due to a conflict of interests.
RESOLUTION NO. D-3315, A RESOLUTION, affirming the action
of the Planning Commission and denying the application of
Ray Embree and Perry Hayes for the rezone of property at the
southwest corner of 56th Avenue and Summitview Avenue in the
City of Yakima, Washington, from R-3, Multiple-Family Zone
to B-2, Local Business Zone.
City Manager McMicken gave a review of four applications by
other agencies for Law and Justice Grants, as follows:
a. Rape Reduction Project, requested by County to
establish a center for meeting immediate relief
and follow-up areas of need.
b. Yakima County Alcohol Related Adult Offender
Rehabilitation Project re_au6sted the County to
provide programs for those coming out
of institutions.
c. Training-Questioned Document requested by City in
order to send one officer of the Police Department for a
two week course on conducting investigations and exams.
d. Yakima Nation Public Defender, requested by Confederated
Tribes and Bands of the Yakima Nation to provide
defense and referrals to appropriate programs.
City Manager McMicken reported that all four are recommended
for endorsement by Police Chief LaRue and have received Law
and Justice .Approval. It was MOVED by Schussler, seconded
by Simmons that the Council endorse the four applications
for Law and Justice Grants: carried, Broad, Brown, Edmondson,
Jarms, Moore, Schussler and Simmons voting aye by voice vote.
City Manager McMicken reported on the Outside Utility Request
for sewer service to the property owned by Peter Heit at 1624
So. 8th Avenue, explaining that a connection is available
at a charge of approximately of $453. He has signed the standard
Outside Utility Agreement. It was MQVED by Schussler, seconded
by Brown that the request for Outside Sewer Service to the
residence owned by Peter Heit, Ipe approved:. carried, B'road, - -
Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting
aye by voice vote.
A report having been received from the City Engineer on the
completion of work and recommendation that said work be accepted
and final payment made on the Milroy and Miller Park Lighting
Project, it was MOVED by Schussler, seconded by Edmondson
that the Report of the City Engineer dated May 1, 1975, with
respect to the completion,of the work on Public Works Contract
Milroy and Miller Park Lighting, be approved, the work be
accepted and payment of the final estimate as therein set
forth is hereby authorized: carried, Broad, Brown, Edmondson,
Jarms, Moore, Schussler and Simmons voting aye by voice vote.
An Ordinance transferring $2,334 from the Contingency Fund
' 1 for appropriation in the General Fund to pay printing costs
of the City Traffic Code, 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 Moore that
Ordinance No. 1783 providing said transfer and appropriation,
be passed: carried, Broad, Brown, Edmondson, Jarms, Moore,
Schussler and Simmons voting aye on roll call.
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MAY 5, 1975
ORDINANCE NO. 1783, AN ORDINANCE transferring the amount
of $2,334 from 195-Contingency Fund to 000-General Fund and
appropriating that amount to Account 033.541.11.31 for the
1975 appropriation for 000-General Fund.
There was discussion on the proposed Ordinance regulating
prostitution and related activities. Mr. Jerry Marsh, spoke
to the proposed Ordinance, contending that the Ordinance
did not provide an answer, but rather would only reduce statistics
and label more persons as law breakers. He cited the alternative
of decriminalization of prostitution, noting that the income
would eventually be taxable. Mr. Marsh asked for research
of the real problem and hoped that other alternatives would
be considered. Mayor Broad explained that the proposed Ordinance
was the result of a request initiated by the Council and
explained that the Council is operating under State law.
Mr. Marsh asked that the Council work with the State Legislature
to change the law and inquired as to what types of input
the Council has had in considering the Ordinance. Mayor
Broad explained that considerable input was made before the
Ordinance was drawn up and Councilmen also encouraged Mr.
Marsh to work with the Legislature for the changes he is
seeking. Joan Smith, Planned Parenthood, spoke in favor
of the Ordinance, but questioned how it will be enforced.
Police Chief Jack LaRue gave clarification on enforcement.
After due discussion, it was MOVED by Edmondson, seconded
by Brown that Ordinance No. 1784, relating to prostitution
and related activities, be passed: carried, Broad, Brown,
Edmondson, Jarms, Moore, and Simmons voting aye on roll call;
Schussler voting nay on roll call.
ORDINANCE NO. 1784, AN ORDINANCE relating to public safety
and morals;defining and prohibiting prostitution and related
activities; enacting Sections 6.04.381, 6.04.382, 6.04.383,
6.04.384 and 6.04.386 as new sections of the City of Yakima
Municipal Code; and repealing Sections 6.04.370, 6.04.380,
6.04.385, 6.04.390, 6.04.395 and 6.04.570 of the City of
Yakima Municipal Code.
It was MOVED by Schussler, seconded by Brown that Ordinance
No. 1785, relating to fire prevention and requiring the removal
of hazardous vegetation from property in the City, be passed:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye on roll call. Councilman Moore raised
a question, on the Ordinance in reference to the work of the
Fire Inspectors in determining, a "menace to public health"
explaining he felt they may not be qualified to determine
that and this provision should not be in the Ordinance.
City Attorney explained that the same language appears in
the State law and in most cases, the Inspectors would be mainly
concerned about the fire hazard. Also present and speaking
to this matter was Kathlyn McGuire.
ORDINANCE NO. 1785, AN ORDINANCE relating to Fire Prevention;
requiring property owners to remove growing or dead vegetation
and debris which constitutes an existing or potential fire
hazard or a menance to public health, safety or welfare;
providing for the giving of notice and establishing a procedure
for the removal of such vegetation and debris; creating a
lien for cost of such removal performed by the City; enacting
Section 10.05.100 of a new section of the City of Yakima
Municipal Code; and declaring an emergency.
Petition No. 838, having been filed with the City Clerk on
April 28, 1975, by Leslie and Nora Hanson and Thomas and
Rita Dohn, requesting annexation of unincorporated properties
extending westward from North 62nd Avenue to North 64th Avenue
ajoining Lincoln and Englewood Avenues, it was MOVED by
Schussler, seconded by Brown that the Petition for Annexation
filed by Leslie and Nora Hanson and Thomas and Rita Dohn,
being Petition No. 838, be approved as meeting the requirements
ofb 4
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MAY 5, 1975
of law; that said Petition be referred to the City Manager and
Planning Commission for study and recommendation; and that May
26, 1975 be set as the date for Public Hearing by the City Council
on this Petition: carried, Broad, Brown, Edmondson, Jarms, Moore,
Schussler and Simmons voting aye by voice vote.
Brown absent after 5:40 P.M.
City Manager McMicken referred to the off-agenda item of a Resolution
authorizing a temporary loan of $50,000 from the Water-Sewer
Fund to the Airport Improvement Fund to provide continuing
payments and land acquisition, avigation easements and relocation
payments. It was MOVED by Moore, seconded by Jarms that Resolution
No. D-3316 authorizing said loan, be passed: carried, Broad,
Edmondson, Jarms, Moore, Schussler and Simmons voting aye on
roll call. Brown absent.
RESOLUTION NO. D-3316, A RESOLUTION authorizing a temporary loan
of $50,000 from 473-Water-Sewer Fund to 361-Airport Improvement
Fund and providing for repayment.
City Manager McMicken requesting authorization for out-of-state
travel for the following:
a. Wayne Dean, Parks, to Lewiston, Idaho, to attend
the Inland Empire Golf Course Superintendent's
Associational Meeting, April 14, 1975;
b. Robert Brimmer and Richard Clark, Police Department to
Boise Idaho, to attend the Western States Crime Con-
ference, May 11 - 14, 1975,
it was MOVED by Edmondson, seconded by Simmons that said travel
be approved and expenses paid: carried, Broad, Edmondson,
Jarms, Moore, Schussler and Simmons voting aye by voice vote.
Brown 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 5:45 P.M., to Tuesday, May 6, 1975, at the
hour of 12:00 Noon, to then meet in the Holiday Inn: carried,
Broad, Edmondson, Jarms, Moore, Schussler and Simmons voting
aye by voice vote. Brown absent.
, AN /1.;
READ AND CERTIFIED ACCURATE BY sh 41‘, DATE . 7)
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COUNCILMAN
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CITY CLERK MAYOR