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HomeMy WebLinkAbout07/25/1977 Business Meeting 557 JULY 25, 1977 The City Council met in session on this date at 1:30 PM in the Conference Room of City Hall Yakima, Washington. Councilmen present at the meeting were Assistant Mayor W. K. "Pete" Moore, Jean Allard, Ralph Holbrook, Dr. Bill Simmons, Nadine Walker and Gordon Wonder. Mayor Edmondson absent. Sandy Rogers, Acting Traffic Engineer, presented a plan for improvement of the intersection of No. 5th Avenue and Fruitvale Boulevard. This item is #28 on the Six Year Street Program; however, since the intersection is torn up because of sewer work being done there, the thought was that the realignment might as well be done now. Letters were mailed to the residents in that area and the only objection to this improvement came from Mrs. Morton, owner of 909, 911 and 913 North 5th Avenue stating that it did not look like there would be proper access to her property, which is important because she wants to sell her property for business use. The new con- figuration would divert the southbound traffic on No. 5th Avenue onto Fruitvale Boulevard, and would also prevent left hand turns from Fruitvale onto No. 5th Avenue. Doug Terry, Street Superintendent, is preparing the cost factors now, and estimates it at $10,000. After discussion about the necessity of this improvement, it was the general consensus of the Council to refer this matter back to staff for further study. City Manager Eastman informed1Council that the County has applied for EDA funds to extend So. 40th Avenue from Nob Hill Boulevard to Washington Avenue. The City's cost would be $100,000, which would be funded through I /2¢ gas tax. City Manager Eastman believes he could get a two year pay back contract. Councilman Allard stated he believed that project funds should be taken from FRS. It was MOVED by Wonder, seconded by Holbrook to approve the expenditure of $100,000 to complete the 40th Avenue street program: carried, Allard, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. Mayor Edmondson absent. Max Clark, volunteer intern ftrom Washington State University, gave a report on the research he did for the Sundusters request for funds. Mr. Clark first checked the legality of the City funding the Sundusters float. According to the Municipal Research Center in Washington, it is legal. Presently the City has $15,000 budgeted for the Visitors & Convention Center, budgeted for the trolleys, and $23,750 budgeted for the Yakima Convention Center. After calling various cities to f.ind,out. what they do, Mr. Clark reported that none contributed money for a float. Vancouver donated time'and space only. "It was MOVED by Wonder, seconded by Holbrook to deny the request for funds from the Sundustersifor this year, but will consider it along with other promotional considerations for the 1978 budget: carried, Allard, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. Mayor Edmondson absent. City Manager Eastman reported that the Washington State Highway Department has asked the City to consider trading property they own by the Sewer Treatment Plant for a portion of the Oak Flats property. We are currently leasing the property by the Sewer Treatment Plant on a 10'year lease, using it for a sprayfield. The Highway Department wants property for maintenance and storage purposes. Mr. Eastman suggested that the City offer the Highway Department a 10 year lease for the Oak Flats property. Council members discussed this offer and other property sites they might consider trading for Oak Flats, 1.e., d Nelson Bridge, and 60 acres near Terrace Heights Bridge. Genera L I y,= they •d i s I i ked the idea of trading, just the center portion of Oak Flats. It was Hhe general consensus of the Council to refer this matter back to the City Manager for further negotiations. It was MOVED by Wonder, seconded by Holbrook to move into Executive Session to discuss Collective Bargaining negotiations: carried, Allard, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. Edmondson absent. At 3:00 PM, the Council members moved into the Council Chambers for the balance of the meeting, Assistant Mayor Moore presiding, Council members Allard, Holbrook, Walker and Wonder, City Manager Eastman and City Attorney Andrews present on roll call. Mayor Edmondson and Councilman Simmons absent and excused. The Invocation was given by Co Holbrook. JULY 25, 1977 ��X��� wm�� Assistant Mayor Moore referred to the items placed on the Consent Agenda questioning whether there were any additions or deletions from either Council member or citizen present. The City Clerk then read the Consent Agenda items, including Ordinances, by title. It was MOVED by Allard, seconded by Holbrook that the Consent Agenda, as read, be passed: carried, A||ord, Holbrook, Moore, Walker and Wonder voting aye on roll call. Edmondson and Simmons absent. *(Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda to be handled under one motion without further discusssion.) *|f was MOVED by 8||nrd, seconded by Holbrook that the minutes of the previous meeting having been duly certified accurate by two Councilmen and no one present wishing to have said minutes read publicly, be approved: carried, 8||ard, Holbrook, Moore, Walker and Wonder voting aye on roll call. Edmondson and Simmons absent. I This being the time fixed for the hearing on the appeal from the Planning Commission's I reoommendefion to deny the Final Plan and Program filed by Safeway, Inc., Assistant Mayor Moore read a letter received from Ron Whitaker, Attorney, representing the opponents of Safeway Plan, requesting postponement of a decision until all Council mambers could be present. Council members discussed the option of continuing the meeting for another date or referring the matter back to the Planning Commission. City Attorney Andrews stated that if the Council's decision is different from the Planning Commission's recommendation, then according to City ordinance, the matter must be referred back to the Planning Cummission, Don Bond, Attorney for Safeway, Inc., addressed the Council urging that this matter not be unduly delayed, although he wasn't sure there was a time limit. City Attorney Andrews stated that a decision should be announced within a 40 day period after the hearing is closed. Vince Beaulaurier, Attorney for the opponents of the Safeway Plan, stated that August 8 is a good date and he joins Mr. Whitaker in his request for the postponement. Assistant Mayor Moore stated that as long as there is a quorum present, Council should be able to take action on any matter. It was MOVED by Walker seconded by Holbrook to continue the hearing on the appeal from the Planning Commission's recommendation to deny the Final Plan and Program filed by Safeway, Inc., to August 8, 1977, at 3:00 PM: Holbrook and Walker voting aye; Allard, Moore & Wonder voting nay on roll call. Edmondson & Simmons absent Motion failed for the want of a majority. It was then MOVED by Wonder, seconded by Allard to refer this matter back to the Planning Commission for further review: carried, Al |ord, Moore and Wonder voting aye on roll call. Holbrook and Walker voting nay. Edmondson and Simmons absent. Councilman Wonder stated that he believes it should be referred back to the Planning Commission because the reasons given for the denial did not seem to be borne out in the testimony. Robert Mach, entertainer performing at the Dragon Inn, appealed to the Council for the repeal of the Ordinance requiring hypnotists to pay a license fee of $||.00 per show. Mr. Mach stated that this fee is exorbitant and prohibitive. Mr. Mach said he paid his license fee under protest and would like his money back if the Ordinance could be amended. Councilman Wonder inquired how long would it take to Initiate such action. City Attorney Andrews stated that if instructed to do so an Ordinance can be written to amend that Section of the Code, before the Council meeting is over. It was the consensus of the Council members that this should be done. Bob Sigman, 618 West Viola, stated that he got a $|O,OO parking violation ticket for parking his motorcycle on the sidewalk in front of O|C. He stated that there Isn't any parking designated for motorcycles. Mr. Sigman stated he talked to someone in fhe Police Department and was told the Police Department would not have given him a i fiokef, and yet he got one from the Parking Violation Department. Assistant Mayor Moore told him that if he could get a written statement from the Police Department then Council would take action on if, Mr. Slgman inquired if the "dead" space in the parking lots and on-street parking couldn't be designated for motorcycle parking. It was the consensus of the Council to refer this matter to staff. Grover A. Moore, 501 Cherry Avenue, said that the area in front of his house between the curb and the ,s|dawa'|k..has bm#n'torn'uR due to construction work.in' that area, and . asked who is.responslb|a'for Rutting it back |i.ke It was. Assistant Mayor Moore stated that it was the responsibility of the City and staff would be directed to take care of |f. .City Attorney Andrews stated that he has the Ordinance ready to read which would amend the Section of the Code re hypnotist's license fee. After the City Attorney read the Ordinance in its entirety, which would repeal Section 5.02.070 of the Yakima Municipal Code, it was MOVED by Wonder, seconded by Walker that Ordinance No. 2086 repealing Section 5.02.070 of the City of Yakima Municipal Code, be passed: carried, Allard, Ho|brook Moore, Walker and Wonder voting aye on roll call. Edmondson and Simmons absent. JULY 25, 1977 559 • ORDINANCE N0. 2086, AN ORDINANCE relating to I;icenses and business regulations; repealing Section 5;.:02.070 of ithe City of Yakima Municipal Code imposing a license fee and regulating hypnotism; and declaring an emergency. Ken Thompson, Finance Officer /Budget Director, explained that a temporary loan is needed to handle construction costs for Uptown Redevelopment until the City is reimbursed from the Economic Development Administration Grant. Approximately $400,000 would be loaned to the Downtown General Improvements Funds from the Parking and Business Improvement Capital Construction Fund until October 30, 1977, when it is expected that the grant from the. EDA would be received. it was MOVED by Holbrook, seconded by Walker that Resolution No. D-3733, authorizing a. temporary loan not to exceed $400,000 from the Parking and Business Improvement Area Construction Fund to the Downtown General Improvements Fund, be passed: carried, Allard, Holbrook, Moore, Walker and Wonder voting aye on roll call. Edmondson and Simmons absent. RESOLUTION NO. D -3733, A RESOLUTION •authorizing a temporary loan not to exceed $400,000 from -363 Parking and. Business Improvement Area Construction Fund to 324 Downtown General Improvements Fund, and providing for repayment. *It was MOVED by Allard, seconded by Holbrook that the report of the City Treasurer, dated June 30, 1977, regarding the investments of the City of Yakima, be accepted and - approved: carried, Allard, Holbrook, Moore, Walker and Wonder voting aye on roll call. Edmondson and Simmons absent. *It was MOVED by Allard, seconded by Holbrook to approve the out -of -state travel of Dorothy Kulczyk, Sewer Division, to Albany, Oregon to attend a five day course at Linn - Benton Community College at a cost of $225: carried, Allard, Holbrook, Moore, Walker and ,Wonder voting aye on roll call. Edmondson and Simmons absent. *It was MOVED by Allard, seconded by Holbrook that Ordinance No. 2085, relating to • utility services, prohibiting new connections, or reconnections, to the domestic sewer system without meters, and specifying the need for computing domestic sewer service charges, be passed: carried, Allard, Holbrook, Moore, Walker and Wonder voting aye on roll calf. Edmondson and Simmons absent. ORDINANCE NO. 2085, AN ORDINANCE relating to public services and utilities; •prohibiting new connections, or reconnections, to the domestic sewer system without meters, and providing the penalty for violation; specifying the means of computing domestic sewer service charges; and amending Section 7.60.050 of the City of Yakima Municipal Code. It was MOVED by Wonder, seconded by Holbrook that Ordinance No. 2088, providing for the reimbursement of certain • expenditures incurred by- City personnel, be passed: carried, Allard, Holbrook,, Moore, Walker and Wonder voting aye on roll call. Edmondson and Simmons absent. City Manager Eastman explained that this Ordinance would make it possible for the moving expenses of new hires to be approved by-the City Manager, rather than having to take Couici1 action• on each one. Also, it would allow the reimbursement for one person paying for several attending the same meeting. ORDINANCE NO. 2088, AN ORDINANCE relating to City personnel; providing for reimbursement of certain expenditures of City employees; and amending Section 2.20.085 and 2.20.086 of the City of Yakima Municipal Code. • *It was MOVED by Allard, seconded by Holbrook that Ordinance No. 2087, creatling irrigation maintenance district No. 098, and amending Ordinance No. 2077, be passed: carried, Allard, Ho•Ibrook, Moore, Walker and Wonder voting- aye on roll call. Edmond- son and Simmons absent. • ORDINANCE NO. 2087, AN ORDINANCE creating irrigation maintenance District No. 098; amending Section 2 of the City of Yakima Ordinance No. 2077 enacted June 13, 1977; and declaring an emergency. • *It was MOVED by Allard, seconded by Holbrook that the Petition of R. Dennis Cook and David W. Dailey for the vacation of a utility easement,-as set forth in Petition No. 912, be referred to staff for study and recommendation: carried, Allard, Holbrook, Moore, Walker and Wonder voting aye on roll call. Edmondson and Simmons absent. • �N��� ��m� JULY 25, 1977 City Manager Eastman informed Council that in order for any more work +o' be done on the H. L. Smith Plat, a statement is needed from Council stating we concur with the new owner's description. It was MOVED by 8||ard se'conded by Wonder that Resolution No. D-3734, aufhor|zlhg the execution' Of a "Supplemental Dedication" document in connection with the platting of H. L. Smith Addition to the City of Yakima, be passed: carried, Allard, Holbrook, Moore, Walker and Wonder voting aye on roll call. Edmondson and Simmons absent. RESOLUTION NO. 0-3734, A RESOLUTION authorizing and directing the City Manager City Clerk of the City of Yakima to execute a "Supplemental Dedication" document in connection with the platting of the H. L. Smith Addition to the City of Yakima. There being no further business to come before the Council, it was MOVED by Walker, seconded by Wonder that this meeting be adjourned at the hour of 4:05 PM: carried, Allard, Holbrook, Moore, Walker and Wonder voting aye by voice vote. Edmondson and Simmons absent. 1111P READ AND CERTIFIED ACCURATE BY -/ • N ' ' ' '1'11 ,~��� ux/E � v ,�^ COUNCILMAN • • ATTEST: j ` �` � . � � l C|TY CR>� MAYO . �� . . . • . . • ° . . . . - .. . . . . . ' • . . . . . �~ .. . . . . . . . . . . . . � . . . .