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HomeMy WebLinkAbout05/09/1977 Business Meeting MAY 9, 1977 . , 502 The City Council met at 1:30 P.M. in the Conference Room, Yakima City Hall. Council members present were Mayor Betty L. Edmondson, Jean Allard, Ralph Holbrook, W. K. "Pete" Moore and Nadine Walker. Council members Dr. Bill Simmons and Gordon Wonder were absent. Mary Gustafson stated that the Southeast Community Center would like to furnish lunch and have the Thursday Council meeting there at 12:00 o'clock noon. It was the consensus of the Council that the Thursday noon meeting be held at the Southeast Community Center at 12:00 o'clock and ask the Southeast Center at Work Board to be there. Mayor Edmondson reminded the Council that three members of the Art Selection Panel have resigned and the Council had indicated that they would like to help with the selection of new members. There was discussion on how this should be done regarding working out new guidelines and making suggestions to the Center Advisory Board. It II/ was the consensus of the Council to appoint Nadine Walker and Pete Moore to study this matter and bring back recommendations regarding new guidelines and how the Art Selection Panel members should be selected. Council members who attended the HUD Conference in Portland, Oregon, the past week, stated that this had been an excellent meeting and reported on some of the matters discussed. The matter of the Revised Community Development Budget for 1977 was discussed. Mayor Edmondson stated that the third year Grant has been approved and if the proposed Revised Community Development Budget for 1977 is to be amended, hearing dates will have to be set. Glenn Rice, Director of Community Development, reviewed the report that was presented to the Council members. There was discussion on the matter of sidewalks on Central Avenue and several Council members indicated they felt the proposed Community Development Budget for 1977 should be amended to have sidewalks on the north side of the street only from 6th Street to Fair Avenue. It was MOVED by Holbrook, seconded by Moore that the Revised Community Development Budget for 1977, be approved as submitted, with an amendment to Line 2, under Public Works, Facilities, Site Improvements: Central Avenue: to say "Sidewalks, curbs, 6th Street to Fair Ave. (North side of street only): carried, Allard, Holbrook, Moore and Walker voting aye by voice vote. Edmondson voting nay by voice vote. Simmons and Wonder absent. It was then MOVED by Holbrook, seconded by Allard that the Hearing Dates on the Revised Community Development Budget for 1977, be set for May 16 and 23, 1977: carried, Allard,' Edmondson, Holbrook, Moore and Walker voting aye by voice vote. Simmons and Wonder absent. Ken Crawford, Chief of Housing, reported on the sale of the house at 101 N. 8th Street and recommended the acceptance of the offer of Bob Alton in the amount of $4,150, as the best bid, and stated that it will be off the lot within a month. It was MOVED by Moore, seconded by Allard that the offer to purchase of Bob Alton in the amount of $4,150 be accepted: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye by voice vote. Simmons and Wonder absent. Ken Crawford reported that a notice has been received from the Department of HUD Office that $220,845 is available for new construction of housing and the Housing Authority must submit a proposal within 35 days. There was discussion regarding the Housing Authority and amending the Housing Authority Ordinance. No action was taken on this matter at this time. II/ Dave Vargas, Project Manager, reported on the status of the "Uptown" reconstruction project, briefly explaining the various contracts and contractors - what has been done and what is left to do. He stated that the contractors have been cooperative in not having all the streets torn up at once and citizens have also been cooperative. He stated that there have been a few problems making some delay, but all in all, things are progressing well and should be done near the expected time. There being no further business to come before the Council, it was MOVED by Walker, seconded by Holbrook that Council go into Executive Session to discuss pending litigation: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye by voice vote. Simmons and Wonder absent. At 3:00 P.M., the Council members moved into the Council Chambers for the balance of the meeting, Mayor Edmondson presiding, Council members Allard, Holbrook, Moore, Walker, City Manager Eastman and City Attorney Andrews present on roll call. Council members Simmons and Wonder absent having been excused. The Invocation was given by City Attorney Andrews. MAY 9, 1977 503 Mayor Edmondson announced that May 20th and 21st are V.F.W. Buddy Poppy Days. Mayor Edmondson announced that May 9-15 is Municipal Clerk's Week and presented Iris Litzenberger, City Clerk with a Proclamation regarding this. Mayor Edmondson referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Councilman Walker requested that item #12 be deleted and Mayor Edmondson requested that item #4 be deleted. It was the consensus of the Council that the deletions, as requested, be made. The City Clerk then read the Consent Agenda items including Ordinances and Resolutions by title. It was MOVED by Moore, seconded by Holbrook that the Consent Agenda, as read, be passed: carried, Allard, Edmondson, Holbrook, Moore, and Walker voting aye on roll call. Simmons and Wonder absent. The minutes of the April 25, 1977 meeting having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly, Mayor Edmondson declared said minutes approved as recorded. This being the time set for a hearing on Petition No. 896 filed by Gene P. Mayer requesting annexation of property located north/south Englewood Avenue between 34th and 40th Avenues, Mayor Edmondson asked if anyone present wished to speak to this matter. Mr. Gene Mayer spoke explaining he would like to be annexed into the City as R-3 because he would have several options for development. He stated this area will probably not be fully developed for about 10 years. He showed a map drawn by Ron Cameron, Architect, displaying an idea for development in this area. Mr. Harold Samford of 2514 Highview stated he is not against this, but doesn't want more than three story units built because of his view. Mr. Bill Stillwater, representing the Nazarene Church spoke in favor of this, as long as it is compatible with the new church they are planning to build. It was MOVED by Moore, seconded by Walker that the motion remanding this to the Planning Commission, be passed. It was MOVED by Holbrook, seconded by Walker that the original motion be amended so that the Council hear this matter again on June 13, 1977: carried, Edmondson, Holbrook, Moore, and Walker voting aye by voice vote. Allard not voting. Simmons and Wonder absent. The vote on the original motion carried: Edmondson, Holbrook, Moore and Walker voting aye on roll call. Allard not voting. Simmons and Wonder absent. Councilman Allard not voting or making any comments on this matter, as he is in business with Mr. Mayer. * This being the time set for the hearing on Resolution of Intention NO. D-3673, to create Local Improvement District 1012, 65th Avenue Sewer District, Don Wenzel, Acting City Engineer stated this particular land is a part of the City. It was MOVED by Allard, seconded by Moore that Ordinance No. 2071, creating L.I.D. No. 1012, 65th Avenue Sewer District, be passed: carried, Allard, Edmondson, Holbrook, Moore, and Walker voting aye on roll call. Simmons and Wonder absent. ORDINANCE NO. 2071, AN ORDINANCE providing for the improvement of certain property by constructing a pipe sewer with the necessary wye branches and manholes; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. This being the time set for hearing on the approval of Glenmoor Green Replat, filed by Glascam Builders, 3810 Nob Hill Boulevard, Glenn Rice, Director of Community Development spoke to Council. Mr. Rice stated staff sees no problem with this. He stated the. street might_have to be Looked at at a later date from a traffic standpoint. Mr. Lee Campbell, developer with Glascam Builders, spoke stating this involved no rezoning. He also stated they hoped to have the paving completed right away to eliminate the dust problem. It was MOVED by Walker, seconded by Moore that this replat be approved: carried, Allard, Edmondson, Holbrook, Moore, and Walker voting aye on roll call. Simmons and Wonder absent. Mrs. Ines Rice of 4409 Arlington spoke to Council stating she is concerned about the water problem in the area. It was MOVED by Moore, seconded by Holbrook that Resolution No. D-3682, authorizing the vacation of a public utility easement in Farrell Subdivision, be passed: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye on roll call. Simmons and Wonder absent. RESOLUTION NO. D-3682, A RESOLUTION vacating a public utility easement. *Inadvertantly ommited above. MOTION, A MOTION remanding to the Planning Commission for reconsideration the matter of zoning property sought by Gene P. Mayer to be annexed to the City of Yakima. 504 MAY 9, 1977 *It was MOVED by Moore; seconded by Holbrook that Resolution No. D-3683, granting authorization to execute an agreement with the Pacific Power and Light Company for work, labor and materials for installing street lighting facilities, without calling for bids, be passed: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye on roll call. Simmons and Wonder absent. RESOLUTION NO. D-3683, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Pacific Power and Light Company for work, labor and materials for installing street lighting facilities, without calling for bids. It was MOVED by Moore, seconded by Holbrook that Resolution No. D-3684, kevoking a revocable permit to Benny Kwong for encroachments on the public sidewalk adjacent to the Dragon Inn at 101 So. 1st Street, be passed: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye on roll call. Simmons and Wonder absent. RESOLUTION NO. D-3684, A RESOLUTION revoking a revocable permit to Benny Kwong for encroachment on a public sidewalk. *It was MOVED by Moore, seconded by Holbrook that the times of hearing on Federal Revenue Sharing Funds be set for May 16 and May 23, 1977: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye on roll call. Simmons and Wonder absent. It was MOVED by Moore, seconded by Holbrook that the Outside Utility Request filed by Michael P. Macias, 1006 North 20th Avenue, be approved: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye on roll call. Simmons and Wonder absent. *It was MOVED by Moore, seconded by Holbrook that the out-of-state travel for Jerry Arington to Tigard, Oregon, be approved: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye on roll call. Simmons and Wonder absent. *It was MOVED by Moore, seconded by Holbrook that Ordinance No. 2072 fixing the time of delinquency and providing for the issuance of bonds for the payment of the unpaid portion of L.I.D. No. 1006, Cascade Vista Sewer District, be passed: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye on roll call. Simmons and Wonder absent. ORDINANCE NO. 2072, AN ORDINANCE fixing the time of delinquency of installments of assessments levied for the payment of the cost of the improvement in Local Improvement District No. 1006, and providing for the issuance of bonds with coupons attached for the payment of the unpaid portion thereof. Council member Walker stated she would vote against the Ordinance prohibiting body shops and model studios because she does not feel she has the right to judge morality. She asked if this Ordinance pertained to doctors or nurses also. City Attorney Andrews stated this has nothing to do with doctors or nurses unless they are running a body shop or modeling studio. It was MOVED by Allard, seconded by Holbrook that Ordinance No. 2073 prohibiting body and model studios, be passed: carried, Allard, Edmondson, Holbrook, and Moore voting aye on roll call. Walker voting nay on roll call. Simmons and Wonder absent. The Ordinance failed because it had an emergency clause and all members did not vote aye. It was MOVED by Moore, seconded by Holbrook to amend the Ordinance to have a 30 day clause instead of an emergency: carried, Allard, Edmondson, Holbrook and Moore voting aye by voice vote. Walker not voting. Simmons and Wonder absent. It was MOVED by Moore, seconded by Holbrook that Ordinance No. 2073, as amended, be passed: carried, Allard, Edmondson, Holbrook and Moore voting aye on roll call. Walker voting nay on roll call. Simmons and Wonder absent. ORDINANCE NO. 2073, AN ORDINANCE relating to public safety and morals; defining and prohibiting the operation of body studios and model studios, and prohibiting employment in or patronizing such studios; declaring body studios and model studios to be public nuisances and providing for their abatement; enacting Sections 6.04.390 and 6.04.392 as new sections of the City of Yakima Municipal Code. Speaking in opposition of the Ordinance prohibiting lewd conduct and the operation of business premises where lewd conduct occurs, was Wade Gano, Attorney representing the Corral. He stated as he reads this ordinance, it would do away with pictures in books and magazines and would also affect movies and the theatres showing them. City Attorney Andrews stated this does not apply to books, pictures or movies, MAY 9, 1977 505 only to people. He stated a large part of this ordinance was taken from a Seattle Code which was upheld in the Superior Court. Council member Walker stated she will vote no because telling people what they can hear, read, see and do frightens her. Mayor Edmondson stated she concurs with Nadine Walker in many aspects, but the citizens have expressed their want to do away with this type of activity. She also stated the Ordinance states it is not for the purpose of prohibiting or interfering with the public constitutional right of free expression. It was MOVED by Moore, seconded by Holbrook to amend this Ordinance to delete the emergency clause and add a 30 day clause: carried, Allard, Edmondson, Holbrook, Moore voting aye by voice vote. Walker voting nay by voice vote. Simmons and Wonder absent. It was MOVED by Holbrook, seconded by Allard that the Ordinance, as amended, be passed: carried, Allard, Edmondson, Holbrook and Moore voting aye on roll call. Walker voting nay on roll call. Simmons and Wonder absent. ORDINANCE NO. 2074, AN ORDINANCE relating to public safety and morals; declaring the policy of the Yakima City Council concerning the commercial exploitation of sexually related conduct; defining lewd acts; prohibiting lewd acts in public places and places of business; prohibiting the ownership, management, conduct or patronage of a business engaged in lewd conduct; amending Section 6.04.375, and repealing Sections 6.04.055, 6.04.260, 6.04.305 and 6.04.355, all of the City of Yakima Municipal Code. It was MOVED by Moore, seconded by Holbrook that Resolution No. D-3685, granting authorization for the Parks and Recreation Department to decrease the fee for adult program pass for use in the Yakima Pools, be passed: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye on roll call. Simmons and Wonder absent. RESOLUTION NO. D-3685, A RESOLUTION adopting a schedule of fees for recreational activities of the City of Yakima Department of Parks and Recreation. On the matter of a resolution authorizing temporary loan from Water-Sewer Fund to Bicentennial Fund to pay costs of relocating the Old Union Ditch pipeline and existing sewer line, Council member Walker asked where the money was coming from to pay this back. City Manager Eastman stated it can come out of the Center's fund over the next five years, but they will attempt to pay it back in one year. It was MOVED by Moore, seconded by Walker that Resolution No. D-3686 granting authorization of a temporary loan from Water-Sewer Fund to the Bicentennial Fund to pay costs of relocating the Old Union Ditch pipeline and existing sewer line, be passed: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye on roll call. Simmons and Wonder absent. RESOLUTION NO. D-3686, A RESOLUTION authorizing a temporary loan of $37,030 from 473-Water-Sewer Fund to 370-Bicentennial Fund, and providing for repayment. City Manager Eastman explained that because of the urgency on Ron Cameron's part, the legal documents are not yet prepared, but Mr. Cameron is asking the City to authorize the construction of a building over a utility easement on South 3rd Avenue and Nob Hill Boulevard by Southgate Shopping Center. It was MOVED by Holbrook, seconded by Moore to authorize the building inspector to proceed with this matter with the appropriate legislation to be made: carried, Allard, Edmondson, Holbrook, Moore and Walker voting aye by voice vote. Simmons and Wonder absent. City Manager Eastman stated the Ordinance creating an Airport Advisory Commission has been changed somewhat from the previous ordinance. After discussion, it was the consensus of the Council to postpone this item one week until Mr. Bill Whitaker has an opportunity to go over it. City Attorney Andrews stated the court hearing on the City vs. State regarding the location of The Employment Security Building has been continued to Tuesday, May 17, 1977, at 10:00 a.m. 506 MAY 9, 1977 There being no further business to come before the. Council, it was MOVED by Moore, seconded by Holbrook that this meeting be adjourned at the hour of 5:00 P.M., to then meet on Thursday, May 12, 1977, at the Southeast Community Center At Work at 12:00 Noon: carried, A1l3Xd, Edmondson, Holbrook, Moore and Walker voting aye by voice vote. Simmons d W fide absent. / READ AND CERTIFIED ACCURATE B....4 1 ,- _ . t•-. - C I '1 0 ....r/ • DATE . W /7 c.r.n ATTEST: - ■ _, / , 1..L__.1.• • _ La A ',/:_esd.'" ? ....w i ' Pd4007dAten/ . CITY C ni / MAYOR I . 1 50/ I 1