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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. 1 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 i 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. 362 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. 0( P111)0) 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 .0)4 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) COU ..j.„4. :5- / COUNCILMAN ATT.. 7' /17 ieez k 6( )( CITY CLERK MAYOR