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HomeMy WebLinkAbout03/04/1974 Business Meeting MARCH 4, 1974 The City Council met in session at 1:30 P.M. on this date in the Council Chambers at Yakima City Hall. 'Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Betty L. Edmondson, W. K. "Pete" Moore, Charles A. Rich, !Don Schussler and Bill Whitaker. ! City Attorney Andrews reported to the Council regarding the Body Painting Business and indicated that the landlord has reported that Mr. Harris, the owner, is no longer a tenant,as he was not lable to revamp the building and bring it up to City Code. At this time the premises are vacant. In reference to the legal implications, Mr. Andrews noted that there are still unresolved regulations on this type of business and that present studies are 'incomplete. He gave examples of regulations in other Washington 'areas. Councilmen discussed this matter, but no formal action was taken. 1City Manager McMicken and City Attorney Andrews reviewed the I matter of the Housing Review Board, stating that the purpose of this board is to investigate housing discrimination in Yakima. !Mere has been no meeting of the board since 1972. It was noted that complaints may go to either the State board or through the City. There was discussion by the Council regarding the elimination of the Fair Housing Review Board and it was the consensus of the C ouncil that City Attorney Andrews pursue this matter. !city Manager McMicken discussed the Forecast '74 report regarding City Hall operations. The Council will be reviewing this report over the next few weeks. 1 At 3:00 P.M., the Council members met in the Council Chambers for the balance of the meeting, Mayor Broad presiding, Councilmen Brown, I Moore, Rich, Schussler and Whitaker, City Manager McMicker, and City Attorney Andrews present on roll call. The Invocation was given by City Manager McMicken. The minutes of the previous regular meeting of February 25, 1974 and the adjourned regular meeting of March 1, 1974, 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 L.I.D. No. 993, 'Englewood Heights West Domestic Water District, having been continued from February 25, 1974, City Manager McMicken reported 'that the staff has determined that Mr. and Mrs. Lawrence ;McLaughlin, 6108 Englewood Avenue, owners of lot 1, will not be benefiting on the same basis as the others in this district since they already receive service from the Nob Hill Water Company. They will, however, be benefited by additional fire !protection. He gave the recommendation from the staff to reduce !their assessment by 75.percent to $285.92. Director of Public Works, Dave Vargas, indicated that the McLaughlins concur with this ;amount. He noted that the utility fund will take up the amount not assessed. It was MOVED by Schussler, seconded by Whitaker that the assessment roll for L.I.D. No. 993 be amended as indicated: !carried, Broad, Brown, Edmondson, Moore, Rich, Schussler and !Whitaker voting aye by voice vote. It was then MOVED by Whitaker, !seconded by Brown that Ordinance No. 1630, confirming said 'assessment roll, be passed: carried, Broad, Brown, Edmondson, 'Moore, Rich, Schussler and Whitaker voting aye on roll call. 'ORDINANCE NO. 1630, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 993 as created and i established by Ordinance No. 1502 of the Ordinances of the City of Yakima. Mr. Ralph Jacks, 225 North 18th Avenue, being present, submitted la petition signed by residents in the vicinity of the 200 ! 2 MARCH 4, 1974 !block on North. 18th Avenue, requesting the installation of a ;street light in the dead end portion of this street, noting that ;several persons living in this area have had items stolen. Mr. !McMicken reported that this matter has already been handled administratively and that the staff recommends the installation lof a street light at this location. Referring to the status of the Referendum Petition regarding Ordinance No. 1615 and the Certificate of Occupancy, City Clerk 'Iris Litzenberger reported that 42.3 more signatures were turned in by Mrs. Jean Rich on Friday March 1, 1974, bringing the total to approximately :.1,107 signatures. She noted that the number lof legally registered voters' signatures required to submit Ordinance 1 No. 1615 to a vote at the next General Election is :1,203. City I/ !Attorney Andrews explained that the number required is 10 percent of the total votes cast in the preceding General Election. He Ifurther explained that this number must be the total number of 'votes cast within the City rather than the number cast on a particu- lar issue. Chief of Code Administration, Newell Pock, reported that inspections began on vacant homes after the adoption of the ;Housing Code and that the addition of the words "to sell" were added to the code by Ordinance No..1615. He noted that when homes are inspected, the minimum code requirements are used as la guide and that those not in compliance with the code are given 'time in which to complete the necessary work. Mr. Darrell Griek, Housing Services Representative, reviewed his memo on this subject dated February 26, 1974 explainnng the method of enforcement in the Housing Code Compliance Program. He explained that those 'persons being refused an Occupancy Permit were given a certain 'amount of time in which to make improvements. In reference to Ordinance No. 1615,Mr. Griek gave reasons for this amendment, to in- jclude cases where a sale occured, but occupants did not move or where renters purchased the rented premises from the owners. He further sited cases where the purchaser of property has encountered problems with homes in sub - standard condition and ;explained that the amendment enacted by Ordinance No. 1.61.5 is a protective measure. Mr. Griek reviewed the Certificate of Occu- pancy form explaining that the certificate is noted as being granted, conditional, or refused after inspections are made. He emphasized that when given on a conditional basis, a certain amount of time is alloted for bringing the premises up to mininum standards. Councilman Moore suggested that a list of deficiencies be prepared for the seller to be passed on to the buyer. Councilmani Rich discussed Ordinance No. 1615 as it relates.to the need for a Certificate of Occupancy before property is sold. Mr. Dick Miller, President of the Multiple Listing Board, discussed this ordinance as it relates to the sale of property, objecting to the "sale" clause in this ordinance. Councilman Moore stated a preference for replacement of the present ordinance with another which would provide for a list by the seller of the deficiencies in a home to be given to the buyer upon the sale of that home. Councilmen Broad and Edmondson indicated a desire to take this matter under advisement. City Attorney Andrews explained that once the 30 day clause provided for in the Ordinance is passed, I/ the Ordinance is in effect and the time for filing a petition !compelling action by the Council is past. He !further stated that an Initative Petition may be_proposed to the !Council which would require signatures totaling 20 percent of the total votes cast within the City at the last General Election. After (due".discussion, it was MOVED by Rich, seconded by Moore that the 1 Council repeal Ordinance No. 1615. Subsequent discussion resulted in the withdrawal of this Motion and second in preference ito taking this matter under advisement. It was then MOVED by Edmond -- 'son, seconded by Rich that the Council consider Ordinance No. 1615 l on April 1, 1974: carried, Broad, Brown, Edmondson, Moore, Rich, ISchussler and Whitaker voting aye by voice vote. Those present and speaking to this matter were Mrs. Gaudette, Jean Rich, O.F. Gilbert, Marie Dubuque, Hattie Foley, Art St. Aubin, Joseph Krieger, Ray Spratt and Bill Cahoon. It was MOVED by Moore, seconded by Rich that Resolution No. D- 13087, designating the Director of Public Works to file applications I ` MARCH 4, 1974 ion behalf of the City for Federal financial assistance in iconnection with flood damage expenses, be passed: carried, Broad, Brown, Edmondson, Moore, Rich, Schussler and Whitaker voting aye on roll call. IRESOLUTION NO. D-3087, BE IT RESOLVED BY the City Council of the ICity of Yakima, that David J. Vargas, Director of Public Works, is hereby authorized to execute for and in behalf the City of 'Yakima, a public entity established under the laws of the State of Washington, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial !assistance under the Disaster Relief Act (Public Law 606, 91st ;congress). 'Referring to the proposed agreement with Yakima County for Solid ,Waste Disposal at the Terrace Heights Landfill, City Manager McMicken ;explained that this agreement would be effective as of January 1 2, 1974, for the remainder of this year. He noted a cost increase 1 of 12 percent over 1973. It was MOVED by Edmondson, seconded by Brown that Resolution No. D-3088, authorizing the execution of said agreement, be passed: carried, Broad, Brown, Edmondson, 'Moore, Rich, Schussler and Whitaker voting aye on roll call. RESOLUTION NO. D-3088, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Yakima County for the use of the Solid Waste 'Disposal sight. It was MOVED by Brown, seconded by Schussler that Resolution No. iD-3089, authorizing the execution of a lease agreement with the ;State of Washington Department of Highways for a gravel stockpile site near the Water Treatment Plant, be passed: carried, Broad, !Brown, Edmondson, Moore, Rich, Schussler and Whitaker voting aye ion roll call. IRESOLUTION NO. D-3089, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute la lease and permit to stockpile road materials with the State 1 of Washington Department of Highways. It was MOVED by Schussler, seconded by Edmondson that Resolution INo. D-3090, authorizing the execution of a Collective Bargaining Agreement with the Yakima Fire Fighter's Association, be passed: 'carried, Broad, Brown, Edmondson, Moore, Rich, Schussler and Whitaker Ivoting aye on roll call. Director of Management and Budget, Bob lHilsmann, reviewed those items in the agreement which are changes from the previous agreement. RESOLUTION NO. D-3090, A RESOLUTION ratifying a Collective Bargaining !Agreement between the City of Yakima and the Yakima Fire Fighter's Association Local 469, International Association of Fire Fighters, ,A.F.L.- C.I.O., and authorizing and directing the City Manager land City Clerk to execute such agreement for the City of Yakima. !Referring to the request for outside utility service to the single-family residence owned by Mrs. Orica Kuhlmann and Mrs. IPlassa McCall, City Manager McMicken reported that a 6-inch water main beneath East Viola Avenue is readily accessible 'to this property. The estimated connection charge is $189.70. The applicants are not able to annex at the present time, and have !signed on Outside Utility Agreement. It was MOVED by Schussler, seconded by Brown that the request of Mrs. Kuhlmann and Mrs. ,McCall, be granted: carried, Broad, Brown, Edmondson, Moore, !Rich, Schussler and Whitaker voting aye by voice vote. j MARCH 4, 1974 - - - - ; Referring to the request for outside sewer service to the single family residence owned by Mr. and Mrs. Floyd Boltjes, 1616 South 112th Avenue, City Manager McMicken reported that an 8-inch sewer !line beneath South 12th Avenue is readily accessible to this property. The estimated connection'charge is $431.44. He noted that the lapplicants are willing to annex when possible, and have signed an ;Outside Utility Agreement. It was MOVED 'by Schussler, seconded by Brown that the request of Mr. and Mrs. Boltjes for outside utility ;service, be granted: carried, Broad, Brown, Edmondson, Moore, ,Rich, Schussler and Whitaker voting aye by voice vote. An Ordinance transferring $1,382.87 from the Contingency Fund to the General Fund and appropriating that amount for expenditures H by the Department of Environmental Planning, having been read lby title only at the previous meeting, and being again read by title only at this meeting, it was MOVED by Edmondson, seconded I/ by Rich that Ordinance No. 1631, providing for said transfer and appropriation, be passed: carried, Broad, Brown, Edmondson, 'Moore, Rich, Schussler and Whitaker voting aye on roll call. ;ORDINANCE NO. 1631, AN ORDINANCE transferring the amount of $1,382.87 from 195-Contingency Fund to 000-General Fund and ,appropriating that amount to various accounts as 1974 appropriations for 021-Environmental Planning. 'City Manager McMicken referred to the minutes of the Downtown Advisory Redevelopment Commission dated February 26, 1974 and the attached letter from the Fire Station No. 1 Disposition Committee, noting their recommendation for removal of the old building and leasing of the property. He presented an alternative for Council consideration, namely,that the north portion of the property be leased to Wagner Chevrolet who has shown an interest in leasing this property. Mrs. Mary Hersey read a letter from Mr. Harold Jones, Chairman of Yakima County Democratic Central ;Committee, dated March 1, 1974. This letter recommended that ;the old fire station No. 1 be saved and preserved as a public landmark. Mr. Homer Splawn, President of Yakima Valley Museum and Historical Association, reviewed his letter to the Council dated March 1, 1974, which letter requested the use of this structure by the Historical Association. Mr. Martin, Vice President of the Association, asked that the Council work with the Association regarding the future use of this building. After due discussion, it was MOVED by Schussler, seconded by Moore that the City Manager be directed to take the steps necessary to sell the Fire Station No. 1 land and building: carried, Brown, Edmondson, Moore, Schussler and Whitaker voting aye by voice vote; Broad and Rich voting nay by voice vote. 'Petition No. 809 having been filed with the City Clerk on February 1 28, 1974, by residents and property owners along Custer and Folsom Avenues, in objection to the proposed widening of these streets as an alternative to the Pierce Avenue widening, it was MOVED by Whitaker, seconded by Rich that said petition be referred to the City Manager for study and recommendation: ' carried, Broad, Brown, Edmondson, Moore, Rich, Schussler and ;Whitaker voting aye by voice vote. A Damage Claim having been filed with the City Clerk on February 25, 1974, by Carolyn H. Malone, 1026 Pitcher Street, in the amount of $25,000 for“damages,in connection with a Police incident and a subsequent Notice of Withdrawal of the Claim for Damages 1 having been filed with the City Clerk and City Council on this date, there was no action taken by the Council. 1 MARCH 4, 1974 A Damage Claim having been filed with the City Clerk on February 26, 1974, by John A. Steiner, 120 East Chestnut, in the amount 'of $5,358.78 for damages to Don's Cash Grocery and Food Lockers !Store, it was MOVED by Schussler, seconded by Rich that said 'Damage Claim be referred to the City Manager and staff for study and recommendation: carried, Broad, Brown, Edmondson, Moore, ! Rich, Schussler and Whitaker voting aye by voice vote. !City Manager McMicken reported on a Clearinghouse Referal regarding a request by Yakima County for Federal Assistance in connection iwith recent flood damages. There were no comments from the 'Council to be made on this referal. !City Manager McMicken requesting authorization for out-of-state travel for Larry Wright, Assistant Planner to travel to Eugene Oregon with members of the Downtown Advisory Redevelopment ICommission on March 12, 1974, it was MOVED by Brown, seconded by Edmondson that said travel be approved and expenses paid: Icarried. , Broad, Brown, Edmondson, Moore, Rich, Schussler and iWhitaker voting aye by voice vote. There being no further business to come before the Council, it was MOVED by Moore, seconded by Rich that this meeting be adjourned at 5:00 p.m., to Friday, March 8, 1974, at hour of 12:00 Noon, to then meet in the Flight Deck Restaurant: carried, Broad, Brown, Edmondson, Moore, Rich, Schussler and Whitaker voting aye by voice vote. READ AND CERTIFIED ACCURATE BY 7/ZIA 6 . )7pa t igejtj DATE5V/%54 COUNCIL N 1, DATE .07. COUNCILMAN ATTEST: AP 169 , CITY CV RK MAYOR 1